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


Present                               Absent
Mayor Ed McAleer           Matt Carlson, City Administrator
Ald. Bud Mathey              Marilyn Czubkowski, Clerk-Treasurer
Ald. Phil Schuman
Ald. Paul Craig
Ald. Rick Lieblang
Ald. Linda Quartaro
Ald. Kathy Aldridge
Ald. Ron Miskelley
Ellen O'Brien, Deputy Clerk-Treasurer

7:00 PM Public Hearing, Ordinance No.491, to amend ss17.235, ss17.29, ss17.52, and ss17.70 of the Delafield Municipal Code relating to outdoor lighting.
Roger Dupler, Interim City Planner explained ordinance.  There were no questions or comments.
 Motion to close public hearing at 7:05 (Schuman/Lieblang) Carried.

Call Meeting to Order

Pledge of Allegiance

Roll Call

1. Approve minutes of April 16, 2001, April 17, 2001 & April 28, 2001
Motion to approve minutes (Mathey/Miskelley) Carried.
Ald. Schuman abstain for minutes of April 16 and 17
Ald. Craig abstain for minutes of April 16, 17 and 28

2. Citizens comments on items pertaining to this agenda
Linda Kuklinski spoke regarding the building moratorium.  She is glad to see extension and strongly urges the Council to follow through.  In regard to the American Legion lease, she thought the meeting went well and that the American Legion deserves recognition for their concern with the community.

3. Consent Agenda
a. Bronislaus Kuklinski, 311 Huntington Rd., two-year bartender license, American Legion Post 196.
b. DPW - Request authority to advertise for sale of barge
c. Request from Delafield Chamber of Commerce to close streets during specific times for street dance to be held July 13 & 14, 2001, during the annual Delafield Days event
d. Resolution No. 2001-10, disallowing Egerman claim
e. Resolution No.2001-11, Vacating Certain Properties on St. John's Northwestern Military Academy Campus

Motion to approve consent agenda (Schuman/Mathey) Carried.
 
A bartender license was read in for David Foppe, 1117 Burr Oak Blvd.,Waukesha, Water Street Brewery, 2 year license
 Motion to approve license (Aldridge/Craig) Carried.

3. Committee Reports
a. Licenses
1. CLASS B LIQUOR, CLASS B BEER, Creative Restaurant Concepts, Inc. d.b.a. Stockade restaurant & Pub, Guy Brittain, W5838 Arbor Road, Fort Atkinson, WI  53538, Agent - Recommend denial.
Motion to deny liquor license (Craig/Miskelley) Carried.
b. Plan Commission
c. Lake Welfare Committee
Ald. Schuman reported on Lake Management meeting at Cushing School on April 26th.
d. Park and Recreation Commission
Ald. Aldridge reported on meeting held on April 18th.
e. Public Works Committee - Minutes provided (4/4/01)
Ald. Miskelley discussed proposal by Delafield Commons.  Suggested 24' wide streets and that cul de sac should be large enough for a fire truck to turn around.
The fourth stormwater workshop will be held on May 15.
Downtown streetlights ordered.  Milwaukee Street lights will be installed first.  Genesee Street lights will not be installed until the reconstruction of Genesee is completed in 2003.  Reconstruction was rescheduled due to waiting for state grants.
f. Del-Hart Commission
Mayor stated some equipment is being sold.  Gave final approval on Summit Sanitary District.  Approval has to come to City for approval also.
g. Recycling Committee
h. Police and Fire Commission - Report (4/26/01) and Minutes (4/24/01) included
Ald. Mathey reported on meeting of April 24.  Hiring of extra personnel was discussed at the meeting.  Would strongly recommend City adopt criteria for hiring.  Mayor stated that is up to Police and Fire Commission.  Reported that two probationary officers were given good grades.
i. Cable TV Committee
Mayor asked Council if Cable TV committee should be abandoned.  We're under contract until 2015 and there is nothing we can do.  Mayor will ask Administrator if it could be on the consent agenda for next meeting.
j. Library Board - Minutes provided (3/13/01)
Ald. Craig reported there were three excellent candidates.  Recommendation was made to the Library Board for their meeting tomorrow (May 8, 2001) and hopefully a head librarian will be hired after that.  The reference librarian position was also discussed.  Seeking bids for building project manager for the new library.  He also apologized to the Park and Rec Commission for perhaps stepping on their toes in their site selection.  He doesn't know how else it could be done.  In regard to soccer fields, he is working with the City to get more soccer fields.  We are aware that there are four fields now missing and are sympathetic to that.

Ald. Quartaro asked when the building date is for the new library.  He said they are looking at 2002.
k. Other committees

5. Old Business
a. Ordinance No. 492 to extend building moratorium to July 17, 2001.
Ald. Schuman stated there will be a final report on the stormwater study at the end of the month. There needs to be some time to study the report.

Motion to extend moratorium to July 17, 2001 (Schuman/Mathey) Carried.

b. Continue discussion of American Legion lease.

Mayor reported that the third draft is not completed at this time.  He is looking forward to a partnership with the Legion.  The draft will be sent to the City Attorney for his review and recommendation.  Ald. Craig asked about capital improvements.  The Mayor stated only repairs will be done at this time.  There will be some maintenance work done.  One of the buildings will be used for storage and some maintenance work on the restrooms.  Ald. Craig asked if lights will be put in Firemen's Park.  Nothing has been discussed for adding lights to Firemen's Park.  Neighborhood too densely residential.  A soccer practice field may be added but not a playing field.  Mayor indicated nothing would be done without Legion and Council agreeing to any plans.  The Legion is happy to have people use the land.

6. Mayor's Report
a. Tree City USA
Mayor is happy to accept designation again.
b. Accept resignation from Norman B. Wood from the Delafield Park & Recreation Commission.
Mayor sadly accepts resignation from Mr. Wood.
c. Appointments to boards, commissions, or committees
Motion to appoint Pauline Hammel to Cemetery Board (term to expire April 2003) (Schuman/Quartaro) Carried.
Motion to appoint Paul Craig to Del-Hart Commission (term to expire April 2003) (Quartaro/Schuman) Carried.
Motion to appoint Jan Gerstner to LACS (term to expire April 2003) (Quartaro/Lieblang) Carried.
Motion to appoint Al Sterner to Lake Welfare Committee (term to expire April 2003) (Schuman/Craig) Carried.
Motion to appoint Sharon Costigan to Lake Welfare Committee (term to expire April 2003) (Craig/Miskelley) Carried.
Motion to appoint Steve Headley to Lake Welfare Committee (term to expire April 2003) (Quartaro/Aldridge) Carried.
Motion to appoint Sean Heinzel to Park and Rec Commission (term to expire April 2003) (Aldridge/Quartaro) Carried.
Motion to appoint Julie Kita to Park and Rec Commission (term to expire April 2003) (Aldridge/Quartaro) Carried.
Motion to appoint Robert Transon to Plan Commission (term to expire April 2004) (Schuman/Lieblang) Carried.
Motion to appoint Dirilee Curtis-Costa to Plan Commission (term to expire April 2002) (Mathey/Schuman) Carried.
Motion to appoint John Wyssling to Police and Fire Commission (term to expire April 2006) (Craig/Aldridge) Carried.
Motion to appoint Vic Evenson to Public Works Committee (term to expire April 2003) (Miskelley/Quartaro) Carried
Motion to appoint Robert Riley to Public Works Committee (term to expire April 2003) (Lieblang/Craig) Carried.
Motion to appoint Bill Hargarten as alternate to Board of Zoning Appeals (term to expire April 2002) (Miskelley/Craig) Carried.

Mayor stated anyone interested in serving for positions on Park and Rec, Recycling and Lake Welfare Committees should contact City Hall.

7. New Business
a. Voice Stream Tower - WEPCO easement
Roger Dupler, Interim City Planner stated as part of Voice Stream's petition to Plan Commission, they were proposing three separate easements for their facility; an access easement, co-access easement and easement for WEPCO.  Since that plan was approved, it has been determined that WEPCO prefers to chart their own easements as they are in control of them.  There was a discrepancy between the easement that WEPCO preferred and that of Voice Stream.  As a result, it has been modified and the engineer has reviewed and approved the proposed easement on the part of WEPCO.  Voice Stream has a responsibility of modifying their latest plan to incorporate the same easement language in their petition with the City.  When Voice Stream designated their easement, they stopped about 20' short of the right-of-way as there was an existing transformer box there.
Motion to approve WEPCO easement Schuman/Craig) Carried.

b. Ordinance No.491, to amend ss17.235, ss17.29, ss17.52, and ss17.70 of the Delafield Municipal Code relating to outdoor lighting.
Roger Dupler, Interim City Planner explained amendments to ordinance.  There are a number of different articles involved.  Basicially, it is broken down into three different specific functions.  It modifies the foot candles allowable at property lines of residential properties, it modifies the foot candles allowable at the property lines of commercial properties and also modifies the specific sign requirements for site lighting commercial parcels.

The enforcement of this ordinance is something that should be done as part of issuance of occupancy permits.  It should be the responsibility of both the City Engineer and the Building Inspector to inspect and make sure there is no modifications required to lighting after it's installed.  Sign lighting, architectural accent lighting could be the responsibility of the Building Inspector.  Site lighting, both in right-of-ways and in parking lots would be validated by the City Engineer.  Existing lighting is assumed to grandfathered in its current state.  Unless there are objections or concerns from neighbors or residents in the area, it would be grandfathered and if the opportunity comes up to make it compliant with current code, it would be continuing as current illumination.

The Mayor stated the current code is one-foot candle commercial at the property line and it has been enforced.  The City works quietly with businesses to enforce the lighting restrictions.
 
Ald. Lieblang asked if residential lighting was included in the grandfathered clause and Roger Dupler indicated residential lighting is grandfathered. Mayor stated residential language is in the ordinance, 1/2 foot-candle.

Motion to approve Ordinance 491 (Schuman/Quartaro) Carried.
c. Major Investigations Unit - Mutual Aid Agreement
Scott Taubel, Police Chief reported on the mutual aid agreement.  Regional services are highly recommended.  Other Chiefs in the areas are looking at a number of way that we can share services more than in the past. One of the areas we've always shared is the CIT (tactical team) for 19 years.  Works very well.  We share firearms training, defense and arrest tactics training, dispatch, and hopefully a county-wide soon.  He thought the next step was the investigations unit.  Try to budget for investigative equipment that is needed.  Is very expensive.  Community is expecting the investigations to be of a caliber that they see on TV and this is what we have to be prepared to do.  Looking at voice stress analyzers that are used that are computerized.  One of those is $10,000.  It's a helpful but too expensive for a small department.  If we got 4 departments sharing the cost and put $2000 a year, we could save up for it in a couple years.  We lack human resources.  We have one or two persons working.  Sometimes we need 5-7 people to handle certain situations needing security, etc.  He can call another department and knows they are capable of handling the situations.

The mutual aid agreement is modeled after the CIT that was formed in 1996 or 1997.  Adapted it too include investigations unit.  Wording is same.  The second document is the bi-laws, mainly for the chiefs as far as day-to-day operations.  In the bi-laws, Article 14, Section 3, dissolution, it does provide us with some ability to remove ourselves.  If one member removes or withdraws, the board may, with a majority vote, reimburse the withdrawing member for some of their contribution.  Similar wording we have with the CIT.  Some years ago, City of Oconomowoc was on the team and they went through some internal problems and their withdrew from the team and it was no problem.

Ald. Miskelley asked if this was in the budget.  What type of financial obligation are we agreeing to.  Chief Taubel stated there is no financial obligation.  The executive board would set an appropriate budget for the year.  We would then ask for budget approval at that time.  It would be a yearly budgeted item.  Part of the money goes to training so each department doesn't have to pay for all the training.  It is estimated to be between $2000-$3000.

Mayor commented on the 66% clearance rate.  What are other department's clearance rates?  Is it going to drag our productivity down? Chief stated department that calls them out is responsible for investigation.  They report to who ever is in charge of department.  If it occurs in city, all reports done  stays with our department.  If overtime is involved, the department called pays the overtime.

Ald. Craig complimented Chief Taubel on the speed trailer, which was a cooperative purchase.
Motion to approve Mutual Aid Agreement (Lieblang/Craig) Carried.

8. Administrator's Report

9. Clerk's Report
a. Redistricting Report
Ellen O'Brien reported the tentative plan was presented to the County Board on April 30th.  If the board adopts the plan at the May 8th meeting, the city has 60 days to create our wards and present it to the council for adoption.  Once the plan is adopted by the Council, it then is forwarded back to the County for final adoption.

10. Financial Report
a. Approve voucher list
Motion to approve voucher list (Schuman/Mathey) Carried.

11. Correspondence
a. Correspondence from the National Arbor Day Foundation congratulating Delafield on being named as a 2000 Tree City USA.
b. Correspondence from Wisconsin Electric reminding Council that there is to be no snowmobiling, motorized recreational vehicle use, or hunting in their right-of-ways. Hiking, bicycle riding, cross country skiing, and horseback riding are permitted in some areas.
c. Correspondence from SEWRPC regarding freeway reconstruction study.
d. Correspondence from Ron Nickel regarding proposed warehouse in Kettle Moraine Bus. Park.
e. Correspondence from Chief Scott Taubel regarding annual Police Memorial Service.
f. Monthly Fire Dept. Report (April 2001)

12. Adjournment.
Motion to adjourn meeting at 8:10 p.m. (Schuman/Aldridge) Carried.

Minutes submitted by:

Ellen O'Brien
Deputy Clerk-Treasurer