City of Delafield Common Council Minutes July 16, 2001 7:00 p.m

6:30 p.m.  Closed Session

Call Meeting to Order

Mayor McAleer called the meeting to order

Present:       Absent:
Ed McAller, Mayor     Ald. Bud Mathey
Ald. Phil Schuman
Ald. Paul Craig
Ald. Ron Miskelley
Ald. Linda Quartaro
Ald. Rick Lieblang
Matt Carlson, Administrator
Marilyn Czubkowski, Clerk

ADJOURN INTO CLOSED SESSION

Motion made to adjourn into closed session at 6:35 p.m. per § 19.85(1)(g) Conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved.  (Quartaro/Miskelley) Roll call vote was taken: Ald. Schuman, aye; Ald. Craig, aye; Ald. Lieblang, aye; Ald. Quartaro, aye; Ald. Miskelley, aye. Motion carried.
 
Motion made to adjourn the close session at 6:54 p.m. (Miskelley/Craig) Motion carried.

7:00 p.m.  Public Hearing to consider amendment to Chapter 23 of the Municipal Code relating to construction site erosion control and stormwater management.

F. Welch gave a brief history overview of stormwater management beginning in the 1980’s through the current plan in place that the City of Delafield is now operating under which was defined in 1999.  In 1999, the plan was upgraded and dealt with the water quality, particularly:  1) infiltration and 2) wet basin.  Most systems have been infiltration basins.  The detailed application form was modeled after the County and required a bond.  F. Welch felt that this program is near the top in this area, and would like to improve it.  The proposed changes are based on the Hey Report and the DNR Report.

S. Hanson distributed the Proposed 2001 Changes to the City of Delafield Stormwater Management Ordinance and the Memorandum for Record dated 7/11/01 to all of the Commissioners.  The Proposed 2001 Changes were reviewed.  Questions were asked regarding who would be responsible if a pond downstream failed due to a party upstream.  S. Hanson stated that he thought that the upstream party would be responsible.  Discussion took place regarding a situation that would cause the failure of a system downstream.  If the problem exists because the facilities have not been maintained, the costs would be assessed to the properties that were responsible.  But if the problem occurs because of a new user flooding the system, that new property would be responsible.

Public Comments:

Linda Kuklinski, 2842 Nagawicka Avenue – She appreciates what the plan commission has put into these ordinances, but wants to be sure that the ordinances are not conservative or lenient.  It must be clear with the extra-territorial.  She wanted to be sure that when this is adopted all exclusions and exceptions are clearly understood so that nothing is compromised.  She suggested that alternate plans be required to have a public hearing for public input and for public understanding.  Asked who people should contact if there are any disagreements among the authorities.  Mayor McAller stated that the public hearing was a good idea, but after discussion it was stated that the ordinance language had been revised and tightened up so that a public hearing would no longer be needed.  Page 15, paragraph 4, Exceptions was read.  The new requirements require more regional management.  In the case of a disagreement, the ordinance would rule.  Linda K. stated that it would be beneficial to keep communication with the people open.

There were no other public comments.

L. Quartaro motioned to close the public comments at 7:41 p.m.  P. Craig seconded the motion.  There was no further discussion.  All were in favor.  Motion carried.

Items listed under the Consent Agenda are considered in one motion unless a Common Council Member requests that an item be removed from the Consent Agenda.
 
Call Meeting to Order

Mayor McAller called the meeting to order at 7:40 p.m.

Pledge of Allegiance

The Pledge of Allegiance was recited.

Roll Call

Present
Ed McAller, Mayor
Ald. Bud Mathey
Ald. Phil Schuman
Ald. Paul Craig
Ald. Ron Miskelley
Ald. Linda Quartaro
Ald. Rick Lieblang
Matt Carlson, Administrator
Marilyn Czubkowski, Clerk
All were present.

Mayor McAller presented Margaret Zerwekh with a plaque of appreciation for the many years of service that she has given to the City of Delafield.

Tom Kelley was not present, but he will also be presented with a plaque of appreciation.

Selection of Alderperson-Ward 6

There are two candidates for this position:  Linda K. and Al Zietlow.  A. Zietlow was not present at the meeting.   M. Mathey motioned to wait until the next meeting to make a selection due to the fact that A. Zietlow was not available to interview.  L. Quartaro seconded the motion.  There was no further discussion.  Motion carried.  The selection of the alderperson will be done at the next meeting.

The committee interviewed Linda K.

Interested?  Yes.  Linda Kuklinski has lived in the City of Delafield for 17 yrs.  She believes that the local unit of government is important because it affects our lives the most.  She has been involved with her homeowners’ association since 1990 and has been very active in lake management and stormwater control.  Many of her connections with the City have been with these two interests.  She had been a recorder for the City in the 1980’s and at that time attended every meeting.  She feels that everything that happens in the City affects the surrounding areas.  The City needs to listen to the citizens.  Linda Kuklinski stated that her strengths are being able to take the information and input from the City and citizens and come up with good recommendations.

Asked about the top problems of City, Ms. Kuklinski replied that stormwater management is the top problem, since it affects all of us and especially to lake management.  Ms. Kuklinski thought that everything that happens affects stormwater management.  She would like to see things handled thoroughly up front and that good input from the entire citizen base happens.  She lives on the west channel of the lake.

When asked why she moved to Delafield, Ms. Kuklinski replied that the lake and rural atmosphere were major attractions when choosing this area.

The Council asked what outside activities will help her or cause conflicts on council.  Ms. Kuklinski stated that she is involved in family recreational activities and works as a treasury and risk manger for a firm in Waukesha.  She feels that this would be an asset for her as an alderperson.  In regard to conflicts, Ms. Kuklinski felt that she does not have any more conflicts than anyone else.  This is important to her and she is ready to make this commitment.

The Council asked what committee she would be interested in working on, and Ms. Kuklinski stated that she would be interested in the Lake Welfare Committee or Park & Recreation, but feels that she could fit in wherever needed.

When asked whether she would run for the seat in April, she stated that this was her intent.  She stated that she has had a lot of encouragement and support in this area.  This is a great opportunity for her.

The Council asked how she feels about growth of businesses on 83 and downtown?  Ms. Kuklinski is of the opinion that the rural atmosphere can be kept in this area, that it needs to be developed and grown responsibly.  Every situation needs to be looked at individually.  Things should always have an overall benefit with the City and citizens, not just any one particular interest group.  She did not think that this was happening any more, but had been occurring in the past.  People are now taking a more active part.  People in authority can’t help or change things unless they know what their people are thinking. She feels there  needs to be more communication.

Regarding the building moratorium – if the stormwater ordinance was approved, she was asked how she feels about lifting the building moratorium?  She has attended several public hearings, but has not had the opportunity to review all of the paperwork.  She was very involved with a situation in her immediate area with a retention basin that is not functioning properly.  When asked what she thinks about the building moratorium, Ms. Kuklinski stated that she was happy with the study, the majority of it is useful.  She would vote for the ordinances, and if that passed, she would vote to lift moratorium.

House Common/Development Common – how did she feel as it was finally passed?  She was happy and felt that the Council sent good message to developers.  She felt that it sent a message that this is how the City intends to do business; until the City is happy that the plan fits into scheme of master plan, it will just have to keep being gone over.

Al Zietlow will be interviewed at the next meeting.

1. Approve minutes of June 18, 2001

P. Schuman thought there should be a correction to the minutes dealing with Mrs. Zahorik wanting to do something about the nitrates in the water.  The tape of the meeting will be checked and the minutes will be corrected accordingly.   Approval of the minutes will be done at the next meeting.

2. Citizen's comments on items pertaining to this agenda.

Marsha Stocks, 226 Genesee St.  – Old Business Item B:  She was under the impression that the water system was on referendum and that no one wanted it.  Mayor McAleer replied that it was on the agenda because an alderperson requested that it be placed on the agenda for this month.

Jeff Forslund, 708 N. Genesee St. – Lifting of Moratorium – Asked the council about the language that would require or encourage the use of a municipal parking lot system for new businesses that do not have off street parking.  Mayor McAleer stated that he thought the City was going to do that anyway.  This will be looked into again.  He doesn’t want to hold the moratorium up because of this.  Jeff knows of a particular development that will create a parking deficit.  Mayor McAleer thought that this should be on the next planning commission agenda.

Betsy Bush, 830 Wells Street – She stated that the 3 hour parking is semi-working, but that a lot of owners and workers are still parking on the street.  In addition, Item 5B on the agenda, fire line downtown, on April 3 the citizens voted no water.  She feels that that the vote should have been heard.  B. Bush thinks if one water pipe is in the ground it is coming.  She doesn’t want to go back to where we were a year ago.  The citizens have given the Council another chance.  Mayor McAleer stated that the referendum made a statement.  The issue here is if the City needs to further develop a strategy for fighting fires, whatever it may be, the City needs to look at it City-wide.  B. Bush continued that in regards to the TIF, the comment “we should spend it because we can” bothered her.  She also asked what the yellow sheet included in survey was.  M. Carlson stated that this yellow sheet is the strategic planning process, it:  1) lists budget meetings, and 2) sets that budget process in context of other issues needed to be addressed.  A mission statement needs to be developed.  B. Bush requested more budget information.  P. Schuman asked about the possibility of putting it on the internet.  L Quartaro responded that her comment at the last meeting was in reference to financing this in regards to TIF and felt that B. Bush misrepresented her comments.

3. Consent Agenda

a. Approval bid for 1982 International harvester Dump truck w/plow and salter-
Kraig G. Arenz, Sr.
 b. Tax Collection Agreement for 2001 tax season
 c. Request by Carla Rutley, Admissions Director, ULS, for approval to host ULS Homecoming Parade on Friday, October 12, 2001 through downtown Delafield.
 d. Approve bartender licenses for:
  Eric D. Knutson, 173 Lake Street, Pewaukee; Delafield Brewhaus, one-year
  Bonnie M. Fieber, 1814 West Shore Drive, Delafield; NLYC, two-year
  Corrine Wenzler, 541 Hartridge Dr., Hartland; Kurt's Steakhouse, two-year
Motion made to approve consent agenda items a listed above item 3.e. was removed. (Schuman/Liebland)  Motion carried.

 e. Approve planning and design contract for Copperfield/Valley Road parks –

Discussion took place on Item 3e.  It was stated that nothing is wrong with the contract.  The Park & Rec Committee has held meetings and sent out surveys to find out what elements are needed in park.  This item will include what will be put in park and the engineering process  (taking the public input gathered from the survey, finalizing the program, preparation of specs and engineering drawings, bid out, and recommendations to Park & Rec and the City Council).  This will be a final design when it is done and bids have been received.

P. Craig moved to accept.  L. Quartaro seconded the motion.  There was no further discussion.  All were in favor.  Motion carried.

4. Committee Reports
 A. Plan Commission  --
1) Rezoning of St. Joan of Arc Church
P. Schuman motioned to recommend to Council to approve the rezoning for St. Joan of Arc Church, P. Craig seconded the motion.  There was no further discussion.  All were in favor.  Motion carried.

2) Rezoning of Westbrook Church (continued at last Plan Commission meeting) – Westbrook Church will be coming back with the site plan.

 B. Lake Welfare Committee
1) New Chairperson – Phil Schuman
2) Vice Chair – Al Zietlow (A. Zietlow has a conflict with the meeting date of the Lake Welfare Committee and would like to see if the meeting date could be changed).  Discussion took place regarding changing dates with Public Works.  Mayor McAller stated that the Public Works meeting date needs to remain where it is.
3) The Committee discussed having a representative from the Village of Hartland attend Lake Welfare meetings.  It was stated by the council that it was up to the Lake Welfare Chair.  M. Carlson stated that the council would have to amend the make-up of the committee if this representative were to have voting rights.  P. Schuman will contact the Village of Hartland and see if they express any interest.
4) Run-off from Nashotah to Nagawicka – easement from a subdivision.  The status of this easement was discussed.  M. Carlson stated that the revoking of an easement is a legal issue.
5) P. Schuman requested copies of lake regulations and a list of members with e-mail addresses for the Lake Welfare Committee members.

C. Park and Recreation Commission  -- Meets Wednesday

D. Public Works Committee – no July meeting

P. Schuman requested that the Committee take a look at a walking path/bicycle path on Nagawicka Rd.  R. Miskelley stated that correspondence has been received from the State and this will probably be discussed at the next meeting.

M. Carlson stated that in regards to the paving issue, he has had discussions with the contractor.  They are asking the City to allow the pavement to settle, and if the City is not satisfied in a year, the contractor will correct the situation.

E. Del-Hart Commission – meets tomorrow night.

F. Recycling Committee – no meeting.

G. Police and Fire Commission – no meeting.

H. Library Board – P. Craig stated that the bids on the building manager have been closed and resulted in four candidates.  Fund raising has begun.  There will be another “Friends” get together soon.  Work has begun in attempting to get a project manager.  Once this person is on board then they will move on to the architecture.

I. Other committees

5. Old Business

A. Discussion regarding Public Works Director position

R. Miskelley put this item on the agenda.  He feels that if there is anyway to save money, the City should do it.  Discussion took place regarding the pros and cons of a consultant versus employee.  It was stated that Hartland is a community that has hired their own Public Works Director.  M. Czubkowski reviewed the spreadsheet that was distributed to the commissioners showing City Planner and City Engineer costs.  This spreadsheet reflected costs incurred during the period January through May, 2001.  Discussion took place regarding the quality of work received versus cost savings and how this would all work together.  Budgetary considerations were also discussed.

P. Craig motioned to move this position into the budget process to be reviewed at that time.  L. Quartaro seconded the motion.  There was no further discussion.  Motion carried.  8-1. R. Miskelley opposed.

B. Discussion regarding fire fighting water system

R. Lieblang reported that he spoke with the Fire Chief and asked for information about fire protection and how the Chief felt about shuttle services for transporting water back and forth, lines from school to river, and adequate fire protection to streets.   By using a fire protection line only, effluent could be taken out of DelaHart and a water line could be run down to Genesee St. without having to put a tower up.  The Mayor expressed concerns about whether the water would be biologically pure.  Discussion took place.  R. Lieblang stated that when he spoke with the firefighters, all whom were present were 100% in favor of the system.  Discussion took place.  It was stated that this is not designed to be municipal water with a different name -- this is only for firefighting.  It was reiterated that there would be no water towers needed to charge the line.  M. Carlson will check to see if approval could be granted from the DNR using the effluent.

C. Approve Ordinance 498 for Redistricting Wards

P. Craig motioned to approve Ordinance 498 for Redistricting Wards.  L. Quartaro seconded the motion.  Discussion took place.  M. Czubkowski reviewed how the redistricting of the wards was conducted.  A friendly amendment to the motion to change District 5 to the centerline of Main Street was made.  There was no further discussion.  All were in favor.  Motion carried.

D. Council action to either extend or terminate building moratorium

This item was moved into new business after stormwater.

6. Mayor's Report

A. Appointments to boards, commissions, or committees

E. McAleer motioned to appoint Linda Quartaro (Park & Recreation) to fill out the remaining term for Kathy Aldrich.  P. Schuman seconded the motion.  There was no further discussion. Motion carried.

7. New Business

A. Approve Ordinance 497 amending various sections of Chapter 23

L. Quartaro motioned to approve with the changes on infiltration.  R. Miskelley seconded the motion.  Discussion took place.  All were in favor.  Motion carried.

B. Building moratorium

It was stated that if no action is taken, the building moratorium terminates July 17, 2001.  Discussion took place in regards to alerting schools and other institutions likely to be impacted.  M. Czubkowski stated that this is done according to law.  P. Schuman discussed M. Carlson’s 5/24/01 memo regarding the building moratorium example of Deerfield, Illinois.  No action on the building moratorium was taken.  The building moratorium was lifted.

C. Approval of amendment to conditional use permit to change allowable use to B4 on Lot of Cushing Park Business Center as recommended by Plan Commission (continued)

Correspondence was received to postpone.

D. Approval of conditional use for Lot 4, Cushing Park Business Center, Lincoln Contractor's Supply, Applicant as recommended by Plan Commission (request for a one month continuance received by applicant)

8. Administrator's Report

A meeting will be held on July 30, 2001 at 7 p.m. at the Chentis/Krueger Community Center (Fish Hatchery) to work on a list of items that should be considered in the TIF #3 District.
 

9. Clerk's Report

  A.  Set public hearing date for August 6 proposed changes and amendments to zoning code and required public hearing.

A public hearing for proposed changes and amendments to the zoning code would be held in front of the Common Council at the first meeting in August.

10. Financial Report

 A. Approve voucher list

R. Lieblang motioned to approve the voucher list.  L. Quartaro seconded the motion.  There was no further discussion.  All were in favor.  Motion carried.

11. Correspondence

 A. League of Wisconsin Municipalities bulletin dated July 5, 2001
 B. Request to have "no dumping" signs posted on bike trail at Bleeker/Wells Streets

12. Adjourn into closed session per:
Motion made to adjourn into closed session at 9:27 p.m.  per  §19.85 (1)(e) deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session (Park and Recreation Land)
§19.85(1)(f) to consider financial, medical, social or personal histories of specific persons which, if discussed in public, would be likely to have a substantial adverse effect upon the reputation of any person referred to in such histories or data. (To discuss the current medical condition and request to extend the medical leave for a particular DPW employee.)
§ 19.85(1)(g) Conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved.

(P. Schuman/R. Miskelley) A roll call vote was taken: Ald. Mathey Ald. Schuman, aye; Ald. Craig, aye; Ald. Lieblang, aye; Ald. Quartaro, aye; Ald. Miskelley, aye. Motion carried.
 

13. Reconvene into open session

Motion made to reconvene into open session at 10:54 p.m. (Miskelley/Schuman) Motion carried.

14. Any action of items discussed during closed session
 
 

15. Adjournment.

Motion made to adjourn at 10:55 p.m. (Schuman/Liebland) Motion carried.
 
 

Respectfully submitted,    Minutes prepared by:
 

Marilyn Czubkowski, CMC   Accurate Business Communications
City Clerk/Treasurer