CITY OF DELAVAN
COMMON COUNCIL MEETING
Call
to Order: Mayor Nieuwenhuis called
the regular meeting of the City of Delavan Common Council to order at 6:30 p.m.
in the Municipal Building Council Chambers.
Roll
Call: The following members were
present: Mayor Nieuwenhuis, Aldermen Siedelmann, Reddy, O’Connor, Johnson,
Kilkenny and Finley. Also Present: City Administrator Salitros, City Attorney
Koch, Building/Zoning Administrator Walling, and City Clerk Kitzman.
Pledge
of Allegiance and Invocation: Mayor
Nieuwenhuis led the pledge and invocation.
Approval
of Minutes: Alderman O’Connor moved
to approve the minutes of June 9, 2009, June 16, 2009 (2), June 22, 2009 and
June 23, 2009 (2), June 29, 2009 (2) and June 30, 2009. The motion was seconded
by Alderman Finley and unanimously carried.
Public Comments: Noreen Joppa Nelson, 122 North Second Street,
commented on the awesome participation in the July 4th parade. Joe
Bell, 54 Arbor Ridge Drive, spoke on the controversy surrounding hiring a parks
and recreation director. Allen Buzzell, 353 Tyrrell Court, spoke in favor of
the Goes Lithographing Company coming to Delavan.
Jennifer O’Neill Stone, 1122 Phoenix Street #8, spoke against the proposed rezone for FN Land Corporation. Dan Hogan, 561 Park Avenue spoke about the problems with traffic and was opposed to the apartment complex for FN Land Corp. Mr. Scheurmann, 1115 Phoenix Street, asked how much the apartment complex would cost the taxpayers. Mrs. Kinney, 1122 Phoenix Street, also spoke against the apartments.
Mayor Nieuwenhuis and Alderman O’Connor promoted the Relay for Life for the American Cancer Society. Allen Buzzell spoke on the Honor Flight to Washington DC to the WW II memorial.
Reports of Standing Committees - Finance and Treasurer’s Report: Alderman
Siedelmann reported on the meeting of July 13th. Minutes are on file
and available to the public. Alderman Siedelmann moved to approve the
Treasurer’s Report for June 30, 2009. The motion was seconded by Alderman
Johnson and carried unanimously.
General
Operations: Alderman Johnson reported
on the meeting of June 16th. He noted minutes are on file and
available to the public.
Public
Works: Alderman Kilkenny reported on
the meetings of June 2nd and June 23rd where they
discussed sidewalks and curbs and formulated the capital project plans for the
2010 budget.
Town
of Delavan Lake Committee: Alderman
Finley spoke on the projects for the Lake Committee. The next meeting is August
3rd at the Town Hall.
Library Board of Trustees: Alderman Finley indicated the next meeting will be
July 15th.
Fire
Station Task Force: Mayor Nieuwenhuis
indicated there has not been a meeting.
Tri-Community Meeting: Alderman Finley indicated no meeting took place.
Lake Comus Protection and Rehabilitation
District: Alderman Kilkenny indicated there has not been a meeting.
Communications
Commission: Alderman Reddy reported
on the public cable access channel and the website. The Council meeting will be
broadcast at 9 a.m. and 7:30 p.m. for a week after the meeting.
On the recommendation of the Mayor, Alderman Finley moved to rearrange the agenda. The motion was seconded by Alderman Johnson and carried unanimously.
Public
Hearing on a Conditional Use Permit for construction of a 50,000 square foot
manufacturing building with four 45 foot tall silos which is a light industrial
land use in the Manufacturing General Zoning District to be located at 2233
Hobbs Drive. Applicant: Poly-Flex, Inc.
Mayor
Nieuwenhuis opened the public hearing. Bill Lechner of Poly-Flex reviewed the
plans for their building that will bring 40 jobs to Delavan. Fred Burkhart,
Walworth County Economic Development Alliance, noted he has worked with
Poly-Flex for the past two years to stay in Walworth County. Allen Buzzell, 353
Tyrrell Court, spoke in favor of the project. Council members thanked Poly-Flex
for being open with the public and no closed meetings were needed. There being
no further parties wishing to be heard, the public hearing was closed.
R-479
Resolution for a Conditional Use Permit for construction of a 50,000 square
foot manufacturing building with four 45 foot tall silos which is a light
industrial land use in the Manufacturing General Zoning District to be located
at 2233 Hobbs Drive. Applicant: Poly-Flex, Inc.: Alderman Johnson moved to approve the request for a
Conditional Use Permit for a 50,000 square foot building and four 45 foot high
silos located at 2233 Hobbs Drive which is Light Industrial land use in the
Manufacturing General zoning district
pursuant to the plans prepared by Combs & Associates dated June 15,
2009, identified as project No. 109-124. The motion was seconded by Alderman
Finley and carried unanimously.
R-480
Resolution Authorizing the Execution of Closing Documents from the City
of Delavan to SCB Properties, LLC. (Poly-Flex, Inc.): Alderman Reddy moved to
adopt the resolution authorizing the execution of the property sale closing
documents to SCB Properties, LLC. The
motion was seconded by Alderman Siedelmann and carried unanimously upon call of
the roll.
R-481 Initial Resolution regarding Industrial Development Revenue Bond
Financing to Benefit Goes Lithographing Company. Information with respect to
the job impact of the project will be available at the time of consideration of
the Initial Resolution: Todd Taves of Ehlers & Associates, financial
advisor for the City of Delavan, explained the City would be lending their name
to the bonds that would not go against the City’s debt capacity. The company is
then required to obtain the financing. Mr. Taves explained arbitrage issues
with the IRS that Goes will need to comply with.
Alderman Siedelmann moved to approve the Initial Resolution regarding Industrial Development Revenue Bond Financing to benefit Goes Lithographing Company. The motion was seconded by Alderman Finley, and carried unanimously upon call of the roll.
Public Hearing - A request to
rezone the southern portions of XAS1 00002 and XA107300001 from Office Park
(OP) to Residential Multi Family-12 (RM-12), located north of Phoenix, east of
Park Avenue, and west of the Delavan Professional Building. Applicant FN Land
Corp. and a request to rezone the northern portions of XAS1 00002, XA107300001
and XA107300001A from Office Park (OP)
to Business Local (BL), located south of
Kunes Country Ford at 1234 E Geneva Street. Applicant FN Land Corp. Mayor Nieuwenhuis opened
the public hearing. Tom Neshek from FN Land Corp. indicated the project was
returned to the Plan Commission for review of the stormwater issues that have
been reviewed by the engineers and approved. The developer will have a $2
million investment in the project.
Dan Hogan, 564 Park Avenue, is opposed to the
project because of the location. Allen Buzzell, 353 Tyrrell Court, was
concerned about quality property management for the project. Jennifer O’Neill
Stone, 1122 Phoenix Street #8, was concerned about parking on Phoenix Street.
Alderman Siedelmann spoke on traffic in the area and
would like to have a road constructed between Phoenix and Geneva Street. He
also expressed concern about the stormwater calculations. Alderman Finley felt
the property should remain zoned for office, since there is properly zoned real
estate on the west side of the city for apartments. Alderman Johnson also
expressed concern about the project.
Mr.
Neshek state that F & N withdraws both of their petitions. There being no
further parties wishing to be heard, the public hearing was closed.
Ordinance
to rezone the southern portions of XAS1 00002 and XA107300001 from Office Park
(OP) to Residential Multi Family-12 (RM-12), located north of Phoenix, east of
Park Avenue, and west of the Delavan Professional Building. Applicant FN Land
Corp. Alderman
Kilkenny move to remove this item from the agenda. The motion was seconded by
Alderman Finley.
Ordinance
to rezone the northern portions of XAS1 00002, XA107300001 and
XA107300001A from Office Park (OP) to
Business Local (BL), located south of
Kunes Country Ford at 1234 E Geneva Street. Applicant FN Land Corp. Alderman Johnson moved, seconded by Alderman Finley,
and unanimously carried to remove this item from the agenda.
RC-276
Petition for Direct Annexation for 4.40 acres of land from the Town of Darien
located at 975 W. Walworth Avenue and Assign Temporary Zoning of Institutional
(I). Petitioner-Walworth County
Metropolitan Sewerage District: Alderman Johnson moved to approve the
petition for Direct Annexation of 4.4 acres owned by WalCoMet and assign the
temporary zoning classification of Institutional. The motion was seconded by
Alderman Finley and carried unanimously.
Consider approval of Development Agreement between
the City of Delavan and Green Isle Properties, LLC: City Attorney Koch
indicated this development agreement has been reviewed for the past two years
with staff. The development agreement provides adequate protection for the
City. Alderman Siedelmann noted this will save approximately $50,000 annually
on irrigation costs for the golf course. Alderman Johnson moved to approve the
Development Agreement between the City of Delavan and Green Isle Properties,
LLC. The motion was seconded by Alderman Siedelmann.
Alderman Kilkenny
moved on page 7, #8 to strike “These private streets must be built to City
street standards and observe all offsets and required in our subdivision code.”
The motion was seconded by Alderman Finley.
Alderman Kilkenny
explained his desire to have the road remain public. Frequently property owners
will request additional services from the City and we are unable to provide the
services since the street is too narrow.
Attorney John Maier, representing Green Isle, explained the Green Isle
Property Owner’s Association is required to maintain the street. Attorney Maier
opined the effect of the motion is to change the preliminary plat as it was
previously approved.
The amending motion was defeated with Alderman Kilkenny
voting in the affirmative. The original
motion to approve the Development Agreement carried with Alderman Kilkenny
dissenting.
Consider approval of Final Plat for Green Isle
Subdivision:
Alderman Finley moved, seconded by Alderman O’Connor, to approve the Final Plat
of the First Phase for Green Isle Subdivision. The motion carried with Alderman
Kilkenny dissenting.
Consider Three-Party Design Engineering
Services Contract between the City of Delavan, the Wisconsin Department of
Transportation and Strand Associates, Inc. for STH 50-East Geneva
Street/Seventh Street from Wisconsin Street to Wright Street. Alderman Siedelmann moved to approve the Three-Party
Design Engineering Services Contract between the City of Delavan, the Wisconsin
Department of Transportation and Strand Associates, Inc for STH 50-East Geneva
Street/Seventh Street from Wisconsin Street to Wright Street at an amount not
to exceed $95,878.97. Alderman Finley
seconded the motion that carried unanimously upon call of the roll.
Consider award of the 2009 Sidewalk
Repair Program Contract to Venske Concrete & Construction in the amount of
$17,704.12:
Alderman Siedelmann moved to award the
2009 Sidewalk Repair Program Contract to Venske Concrete & Construction of
Fort Atkinson, WI in an amount of $17,704.12.
The motion was seconded by Alderman Kilkenny. City Administrator
Salitros noted the bids were on measured quantities and the actual contract
would be for the unit price since some sidewalks may be added or removed. He
asked if staff would need to come back with a change order for the addition of
any sidewalk. The consensus was that would not be necessary. The motion carried
unanimously upon call of the roll.
Consider award of proposal for Drain
Line Installation on McDowell Street to Odling Construction of Delavan in the
amount of $1,860: Alderman Kilkenny
noted the item was approved by the Finance Committee and it does not need
Council consideration. Alderman O’Connor moved, seconded by Alderman Finley to
remove this item from the agenda. The motion carried unanimously.
Review requirement to have Public Sidewalk at 532 S Third Street owned
by Daniel Murphy. Alderman
Kilkenny noted at the Public Works Committee meeting there was a discussion on
sidewalks. At that time the street was included in the public works street
project, however later removed.
Alderman Kilkenny moved that since no Council action was taken, the
public sidewalk should remain and be considered if the road project is brought
forward again. The motion was seconded by Alderman Finley.
Mr. Murphy indicated he was under the impression that the Public Works
Committee said he could bury his sidewalk, and now the City is saying that I
can’t. Mr. Murphy indicated he has paid to have the sidewalk that was in
disrepair covered and he would not have done so without permission. A lengthy
discussion ensued on the value of this sidewalk as it goes to nowhere and was
in disrepair. Alderman Kilkenny moved to amend the motion “Removal be suspended until review by public
works and the Council.” The amendment was seconded by Alderman Finley. After
much discussion, all motions were withdrawn.
Alderman Siedelmann moved to leave the sidewalk alone until such time
as reconstruction is reconsidered for South Third Street. The motion was
seconded by Alderman Reddy. City Administrator Salitros confirmed that it is
the intention of the council that enforcement of sidewalk condition standards
are being waived by Council at this location for the time being. The motion
carried unanimously.
Review Petition to Eliminate
Sidewalk at 111 Walnut Street from Thomas Niquette.
Mr. Niquette
indicated that Walnut Street is under construction and will include rebuilding
the sidewalk in front of his house. He noted this is the only section of
sidewalk on that side of the street. Public Works Assistant Weckel indicated
the Water Department is doing the project and will repair curb, gutter and
sidewalk damaged during construction, but no additional sidewalk would be
added. Alderman Finley moved to remove the Walnut Street sidewalk at 111 Walnut
Street. The motion was seconded by Alderman Johnson. The motion carried
unanimously.
R-482 Resolution designating Surplus Property of
Fire Department Truck #1: Alderman Finley moved to adopt the resolution designating Truck #1 as
surplus property. The motion was seconded by Alderman Johnson. City
Administrator Salitros explained the fire truck may be sold on E-bay. The Council had no objection to utilizing
E-bay. The motion carried unanimously.
Approval
of Bills: Alderman
Siedelmann moved to approve Warrant 09-06 and Supplemental List of Bills in
Excess of $5,000 for June, 2009. The
motion was seconded by Alderman Johnson and carried unanimously upon call of
the roll.
Schedule Goal
Setting Session: The Council consensus was to
use the same facilitator as last time, and to schedule a goal setting session
possibly for a Saturday morning at the Community Meeting Room at 820 East
Geneva Street.
Discussion and
possible action on City Administrator Search: Alderman Kilkenny noted the current
administrator’s contract ends January 9th and the hiring process
takes time. A discussion ensued on whether the administrator should be
replaced. City Attorney Koch indicated the meeting was not properly agendicized
to discuss personnel issues. Alderman O’Connor moved to table for further
discussion and a possible closed session. The motion was seconded by Alderman
Johnson. The motion carried with Aldermen Reddy, Kilkenny and Finley dissenting
and Mayor Nieuwenhuis voting in the affirmative.
Suggested
Future Agenda Items: Alderman Finley asked for a discussion and possible action from
moving the cable PEG station from the school to city hall. Mayor Nieuwenhuis
asked that the Communications Commission review the matter.
Adjourn:
There being no further business to come before the Common Council, the meeting
adjourned at 9:18 p.m. upon a motion by Alderman O’Connor, seconded by Alderman
Finley and unanimously carried.
Susan Kitzman
City Clerk
SPECIAL COMMON COUNCIL
June 16, 2009
Call to Order: Mayor Nieuwenhuis called the special meeting to
order at 9:30 p.m. in the Municipal Building Council Chambers. The special
meeting was called by Aldermen Reddy, Finley and Kilkenny.
Roll
Call: The following members were
present: Mayor Nieuwenhuis, Aldermen Siedelmann, Reddy, O’Connor, Johnson,
Kilkenny and Finley. Also Present: City Administrator Salitros, City Attorney
Koch, Public Works Assistant Weckel and City Clerk Kitzman..
Public Comment: Steve Clardy, 309 S 4th Street, Royce
DeBow, 628 Westbury Lane, Dan Kilkenny, N3616 Elm Ridge Road, Dory Block, S 7th
Street, Joe Bell, 54 Arbor Ridge Drive all expressed concerns or opinions on
the proposal for the YMCA to provide parks and recreation services.
Discussion and possible action
regarding proposal of YMCA to provide the City with contract recreational
services. Alderman Kilkenny moved to confirm
that the July 20th meeting will convene as scheduled and to have the
city attorney review legal requirements for adopting the YMCA proposal if
desired by the Council. The motion was seconded by Alderman Finley. After much
discussion the motion carried unanimously upon call of the roll.
Adjourn:
There being no further business to come before the Common Council, Mayor
Nieuwenhuis adjourned the meeting at 10:10 p.m.
Susan Kitzman
City Clerk