City of Delafield Common Council Minutes September 4, 2001 7:00 p.m

CALL MEETING TO ORDER

Mayor McAleer called the meeting to order at 7 p.m.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was recited.

ROLL CALL

Present

Mayor Ed McAleer
Ald. Maurice Mathey
Ald. Philip Schuman
Ald. Paul Craig
Ald. Rick Lieblang
Ald. Linda Quartaro
Ald. Al Zietlow
Ald. Ron Miskelley
Matt Carlson, Administrator
Marilyn Czubkowski, Clerk

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.
 
1. APPROVE MINUTES OF AUGUST 20, 2001

A. Zietlow motioned to approve the minutes of the August 20, 2001 meeting.  L. Quartaro seconded the motion.  There was no further discussion.  All were in favor.  Motion carried.

2. CITIZEN'S COMMENTS ON ITEMS PERTAINING TO THIS AGENDA.

Jim Zahorik, 1948 W. Shore Drive, #12.  Mr. Zahorik spoke.  He stated that his family was first notified last Friday of the opportunity to appear, but his brother and daughter were out-of- town and were unable to attend the meeting.  A request was made that this be continued to the next common council meeting.  When he asked the Council if he would be able to comment on Item#5e at that time, he was assured by E. McAleer that he would.

3. CONSENT AGENDA

P. Schuman motioned to approve the Consent Agenda.  L. Quartaro seconded the motion.  There was no further discussion.  All were in favor.  Motion carried.

a. Ordinance No. 499, to amend Chapter §7.04 of the City of Delafield Municipal Code restricting parking on Milwaukee Street west of Genesee St.

4. COMMITTEE REPORTS

a. Plan Commission
M. Carlson briefed the commissioners on the recommendation by the Planning Commission to de-map the street connecting Genesee Street and Lapham Peak Rd., south of the City Hall.  An ordinance will be prepared for the next Council meeting for approval.

1. Recommendation for minor change to Colder's SIP

P. Schuman motioned to approve per Plan Commission recommendation.  M. Mathey seconded the motion.  There was no further discussion.  All were in favor.  Motion carried.

2. Recommendation to conduct Northwest Quadrant Planning Study –

Discussion and clarifications of the exact area that this entailed took place.  The area deals with the Nashotah Seminary land development and the process for establishing community preferences in regards to how the property is developed.  Mayor McAleer stated that this is like a mini-master plan for this area.  Discussion took place regarding the guidelines and requirements for obtaining bids.  M. Carlson stated that obtaining bids on this project was not required by state statute, but it is a good practice to follow.  The City of Delafield has contractual relationships with the City Planning and the City Engineer who could perform this work.  Discussion took place on whether or not to go out for bids on this project.  It was the consensus of the council to direct M. Carlson to put together an RFP and prepare this to go out for bid.  This item would be included in next year’s budget.  M. Carlson will get a request for proposals out and will share the results with the council upon receipt.
 

b. Lake Welfare Committee
A copy of a letter from Phil Schuman to Wally Thiel, Village Administrator of the Village of Hartland, dated August 23, 2001 was included in the commissioner’s packet.  A response was received from Mr. Thiel stating that Richard Landwiere will be the Village of Hartland Lake Welfare representative.  In addition, P. Schuman stated that he is beginning to receive feedback on sensitive areas of the lake and the DNR is beginning a review on the sensitive areas.  The next Lake Welfare meeting will be held September 12, 2001.

c. Park and Recreation Commission
The next meeting will be on Tuesday, September 11, 2001.

d. Public Works Committee
The next meeting will be on Wednesday, September 5, 2001.

e. Del-Hart Commission
The minutes from August 21, 2001 meeting were included in the commissioner’s packet.  R. Lieblang stated that the budget for next year has been approved.  They have not yet hired a financial director; advertising is still being done and the salary has been opened up.  The Summit Sanitary District has not provided a date as to when the repaving of the roads will be performed.

f. Recycling Committee
No meeting has been held.

g. Police and Fire Commission
No meeting has been held.

h.      Library Board
The board met to discuss the budget.  The next meeting will be held on September 11, 2001.  A golf outing will be held on September 28, 2001 as a fundraiser.

i.     Other committees
 None.

5. OLD BUSINESS

a. Consider approval of Valley Road Farms, Addition No. 1 (Continued pending Plan Commission recommendation.) – The Planning Commission did not take action on this item pending review of the storm water agreement.  This will come back to the Common Council for approval.

b. Resolution No. 2001-17 relative to participation by the City of Delafield in the Waukesha Central Communication Services Agreement (WCC)

L. Quartaro motioned to approve.  A. Zietlow seconded the motion.

Discussion took place regarding other communities and whether calls would be bumped from airtime.  L. Quartaro stated that this system is a completely independent of all others and is a brand new entity.  There is no overlap of airtime.  A technical operations committee is being formed from all of the participating agencies.  This committee will manage the operational issues.  The City’s cost for the service will decrease.

There was no further discussion.  All were in favor.  Motion carried.

c. Waukesha Central Communications (WCC) Services Agreement

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

d. Discussion regarding Tax Increment Finance District project list (Continued pending City Administrator review of draft materials.)

M. Carlson reviewed the public informational meeting that was held.  A dollar amount for each of the items on the list has been obtained. This report will be worked on and submitted to the Common Council for consideration at the next meeting

e. Consider Tax Refund for James and Mary Zahorik

E. McAleer stated that in his opinion the City made a mistake and the refund should be made.  Discussion took place.

M. Mathey motioned to reimburse the Zahoriks.  A. Zietlow seconded the motion.

Discussion took place in regards to recouping the appropriate portion from the other jurisdictions involved.  This will be checked into.  Mr. Zahorik stated that this is not an isolated incident to this family on this property.  He read a letter and stated that three years ago on Open Book the Zahorik family protested the tax charges that they paid.  He reviewed with the council the research he has done on this issue.  Mayor McAleer stated that Mr. Zahorik needed to refer this to the Board of Review.

L. Quartaro called the question.  All were in favor of the motion.  Motion carried.

6. MAYOR'S REPORT

a. Accept resignation from Linda Quartaro from the Del Hart Commission.

E. McAleer accepted the resignation of Linda S. Quartaro from the DelHart Commission.

b. Appointments

E. McAleer appointed A. Zietlow to fill out the term on the DelHart Commission.

L. Quartaro moved to approve the appointment of A. Zietlow to the DelHart Commission.  P. Craig seconded the motion.  All were in favor.  Motion carried.

 It was stated that the length of the term is until 2003.  A. Zietlow accepted.

7. NEW BUSINESS

a. Authorize execution of Cushing Park Road, bridge and parking lot engineering services agreement with WisDOT and Ayers and Associates – An agreement with State of Wisconsin and Ayers to redesign the bridge with a cover and to reconstruct parking lot and entryway into Cushing Park was included in the council member's packets.  The State will fund 80% of the eligible expenses.  The total cost of  $66,517.00 will be shared as follows:  The State’s share will be $37,673.27 and the City’s portion will be $28,843.77.

R. Lieblang motioned to approve the contract subject to concurrence of the Public Works Committee at their meeting tomorrow night.  L. Quartaro seconded the motion.  There was no further discussion.  All were in favor.  Motion carried.

b. Resolution 2001-18, approving Heritage Drive construction project

This summarizes the bid prices to add another turning bay.  WalMart had agreed to fund this.  A copy of the resolution was provided to the commissioners in their packet.

R. Miskelley motioned to approve the resolution subject to Wal-Mart posting the letter of credit equal to 110% of the cost of the project.  L. Quartaro seconded the motion.

Discussion took place on the controls that are being installed on the emergency vehicles, the conditional use for B&G Realty which specifically required the owners, successors, and assignees to pay for this stop light, and whether the Common Council wants to go ahead with installing the lights.  A bond from Marcus Theaters in the amount of $96,000 is being held and would cover a portion of the cost.  It was the consensus of the council to go forward.

There was no further discussion.  All were in favor.  Motion carried.

P. Craig motioned to pursue to the lowest responsible bidder on Hillside Drive as well.  L. Quartaro seconded the motion.  There was no further discussion.  All were in favor.  Motion carried.  P. Craig amended his motion stating that M. Carlson was given direction to pursue the lowest responsible bidder on Hillside Drive.  L. Quartaro seconded the friendly amendment to the motion.  There was no further discussion.  All were in favor.  Motion carried.

8. ADMINISTRATOR'S REPORT

a. Sewer Fund internal loan repayment

M. Carlson stated that this would not have to be done yet, but that all of calendar year 2001 is available to make the transfer from the general fund to the sewer fund.  He stated that the decision is up to the Common Council, but that he would like a decision to be made in the context of the budget approval, thus the first meeting in December.  Discussion took place as to when to make the repayment.

P. Craig motioned to take $50,000 from the general fund and transfer it into the sewer fund.  L. Quartaro seconded the motion.

Al Zietlow suggested a compromise of paying $40,000 now and keeping $10,000 in reserve.  It was thought that by making a payment now that Moody’s would view it favorably.  M. Carlson stated that Moody’s must be shown a pattern of fiscal conservatism over a number of years.
There was no further discussion.  Motion carried.  6 in favor, 1 opposed.
 
 
 
 

9. CLERK'S REPORT

a. Board of Review

10/04/01 (Open Book, 9/18/01) – The council should reserve the dates of October 4, October 9, and October 11 for Board of Review.  The time on October 4 will be 6:30 p.m.  P. Schuman suggested researching the ramifications of the lobbying of a citizen towards the board of review people.  M. Czubkowski will research this.  She stated that citizens must go to Open Book before going to the Board of Review.  Citizens should call Keith Munson at 1-800-242-2130 or 414-383-2122 to schedule an appointment with the assessor for Open Book.  If they don’t schedule an appointment with the assessor, they may not make an appointment with the Board of Review.
 
b. Approve date and time of Halloween Trick-or-Treat

For comparison purposes it was stated that the Village of Hartland will have their Trick-or-Treat hours on October 31, 2001 from 6-8 pm and the Town of Delafield will be hold it on October 28, 2001 from 4-7pm.  It was noted that daylight savings time ends on October 28, 2001.

L. Quartaro motioned to have Trick-or-Treat on October 28, 2001 from 4-7pm.  P. Craig seconded the motion.  Discussion took place.  All were in favor.  Motion carried.

10. FINANCIAL REPORT

a. Approve voucher list

Al Zietlow motioned to approve the voucher list.  P. Schuman seconded the motion.  There was no further discussion.  All were in favor.  Motion carried.

b. Revenue & Expenses

 This was an informational item.

11. Correspondence

a. Correspondence from Kenneth H. Smits, St. John's Northwestern Military Academy regarding stop signs for intersection of Exeter St. and Smythe Lane.
b. Correspondence from SafeCities regarding youth violence broadcast
c. Correspondence from WI Dept. of Natural Resources regarding the 2001 Urban Forestry Workshops
d. Correspondence from Waukesha County Circuit Court amending the notice of hearing regarding the Incorporation of the Town of Lisbon as the Village of Lisbon.
e. Correspondence from the Wisconsin Dept. of Transportation regarding the Local Roads Improvement Program meeting notice.

Mayor McAleer announced that he would not seek re-election next year.  The council members expressed their thanks to Mayor McAleer.

11. ADJOURN INTO CLOSED SESSION 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. (Mr. Zahorik's request to address council in Closed Session.  Continued per Mr. Zahorik's request, to 9/17/01.)

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.

M. Mathey motioned to defer the closed session for the first item until the next council meeting.  The motion died for lack of a second.

Discussion took place.

R. Miskelley motioned to remove the first item from the closed session agenda for this meeting due to lack of support from the council with a private citizen.  P. Craig seconded the motion.  There was no further discussion.  Motion carried.  A. Zietlow abstained.

R. Miskelley motioned to enter Closed Session per State Stat §19.85(1)(g).  L. Quartaro seconded the motion.  There was no further discussion.  A roll call vote was taken:  M. Mathey, aye; P. Schuman, aye; P. Craig, aye; R. Lieblang, aye; L. Quartaro, aye; A. Zietlow, aye; R. Miskelley, aye.  All were in favor.  Motion carried.

The closed session was entered into at 8:23 p.m.
 

12. RECONVENE TO OPEN SESSION.

P. Craig motioned to reconvene into open session at 8:30 PM.  R. Lieblang seconded the motion.  A roll call vote was taken:  M. Mathey, aye; P. Schuman, aye; P. Craig, aye; R. Lieblang, aye; L. Quartaro, aye; A. Zietlow, aye; R. Miskelley , aye.  All were in favor.  Motion carried.

13. ACTION ON ANY ITEMS DISCUSSED IN CLOSED SESSION.

L. Quartaro motioned to pay $809.00 of legal expenses for the implied law suit regarding R. Lieblang that he incurred as acting in his capacity of Alderman.  This should be forwarded to the City's insurance carrier.  P. Craig seconded the motion.  Motion carried.  Ald. Lieblang abstained.
 

14. ADJOURNMENT.

Motion to adjourn at 8:32 PM  (Zietlow/Quartaro) Motion Carried.
 

Respectfully submitted,    Prepared by:

 
 Marilyn Czubkowski, Clerk/Treasurer Accurate Business Communications