CITY OF DELAVAN
COMMON COUNCIL
Call
to Order: Mayor Nieuwenhuis called
the regular meeting of the 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, O’Connor, Johnson, Kilkenny
and Finley. Also Present: City Administrator Salitros, City Attorney Koch,
Director of Public Works Wendorf, Captain Hansen, Building/Zoning Administrator
Walling, and City Clerk Kitzman.
Pledge
of Allegiance and Invocation: Mayor
Nieuwenhuis led the pledge and invocation.
Consider
Appointment of Second District Alderman:
The three people interested in the position, Sam Riggs, Joe Guido and Bruce
DeWitt, were given an opportunity to introduce themselves. After much discussion, Alderman Siedelmann
nominated Bruce DeWitt to serve until April of 2010. The motion was seconded by
Alderman Johnson and carried with Alderman O’Connor dissenting. City Clerk
Kitzman swore in Alderman DeWitt.
Approval of Minutes: Alderman Siedelmann moved to approve the minutes
of July 14, 2009 (2) and July 20, 2009 with a minor correction. The motion was
seconded by Alderman Finley and carried unanimously.
Public
Comments: Kevin Armstrong, 216 N 4th
Street, spoke on the status of Lake Lawn and their financial situation. Shirley
Petersen, 335 Spring Lane, spoke on open government. Lauren Pohn, North Fifth,
offered comments on several items of concern. Merlyn Dahl, 403 E. Wisconsin
Street, spoke on several items on the agenda as well as TIF districts. Melinda
Allen, 313 North Sixth Street, spoke on Lake Lawn. Dan Kilkenny, N3616 Elm
Ridge Road, Delavan, spoke on Lake Lawn.
Reports
of Standing Committees - Finance
and Treasurer’s Report: Alderman Siedelmann reported on the meeting of
August 10th. Minutes are on file and available to the public. Based
on the review and recommendation of the Finance Committee, Alderman Siedelmann
moved to receive the Treasurer’s Report for July 31, 2009 and place it on file.
The motion was seconded by Alderman Johnson and carried unanimously.
General
Operations: Alderman Johnson reported
on the meetings of July 21st and July 28th. He noted the
Committee has changed their regular meeting day to the first Tuesday of the
month.
Public
Works: Alderman Kilkenny reported on
the meeting of July 28th. He reported on the activities with
American Transmission Company and their request for additional easements. The
Committee is also looking to expand parking on Wisconsin Street to add more
angle parking.
Town
of Delavan Lake Committee: Alderman
Finley reported on the meeting of August 5th. An ordinance
prohibiting noxious lake weeds was discussed as well as current projects, such
as Brown’s channel and repair of the dam gates.
Library
Board of Trustees: Alderman Finley
noted they last met on July 15th. Topics included the Friends of the
Library parade entry, 2009 projected and 2010 budget requests, and new laptops
that have been purchased to be used by the public.
Fire
Station Task Force: Mayor Nieuwenhuis
indicated there has not been a meeting as they are waiting for the fire
services study to be completed.
Tri-Community Meeting: No meeting last month.
Lake
Comus Protection and Rehabilitation District: Alderman Kilkenny noted the District has not met, however ATC will be
removing power poles on the District property.
Communications Commission: No report.
A request to amend the existing Conditional Use Permit for exterior
finishes and signage for WalMart located at 1819 East Geneva Street. Mayor Nieuwenhuis
opened the public hearing. The applicant was not present, therefore Alderman
Finley moved to continue the public hearing to September 8th at 6:30
p.m. The motion was seconded by Alderman Siedelmann and carried unanimously.
Resolution to amend the existing Conditional Use Permit for exterior
finishes and signage for WalMart located at 1819 East Geneva Street. Alderman
Johnson moved to table this item to September 8th, 2009. The motion
was seconded by Alderman Finley and carried unanimously.
R-483 Resolution amending the Sidewalk Repair Policy to address Damage
from City Terrace Trees. Alderman Johnson moved to approve the resolution
amending the Sidewalk Repair Policy to clarify that repairs caused by tree
root damage would be paid by the City. The motion was seconded by Alderman Kilkenny.
The motion carried unanimously.
Class B (Beer) license for Brodie’s Inc. at 1741 E Geneva Street, Suite #500, Christopher Gertmann, agent. Alderman Johnson moved to approve the Class B fermented malt beverage license for Brodie’s Inc at 1741 E Geneva Street. The motion was seconded by Alderman Finley and carried unanimously.
Consider
Amendment to Municipal Code regarding Parks and Recreation and possible
alternatives to a Director: Alderman Johnson explained the General Operations
Committee unanimously recommended to maintain the ordinance as it is written at
the present time and therefore moved that motion. The motion was seconded by
Alderman Siedelmann. Alderman Kilkenny noted the Council had requested the GOC
to consider alternatives to the ordinance to allow for private contracting to
allow the City flexibility to hire in-house or utilize an outside agency. After
a lengthy discussion, Alderman Finley moved to call the question. The motion
was seconded by Alderman Johnson and carried with Alderman Kilkenny dissenting.
The motion to maintain the ordinance as written regarding the Parks and
Recreation Director carried with Alderman Kilkenny dissenting.
Approval
of Bills:
Alderman Siedelmann moved to approve Warrant 09-07 and the Supplemental List of
Bills in Excess of $5,000 for July, 2009.
The motion was seconded by Alderman Johnson and carried unanimously upon call
of the roll.
Mayor’s
Appointment to Library Board of Trustees:
Alderman O’Connor moved to approve the recommendation of Mayor Nieuwenhuis to
appoint Allen Buzzell and Jean Black for a 3-year term to the Library Board
beginning August 1, 2009. The motion was seconded by Alderman Johnson and
carried unanimously.
City
Administrator’s Appointment of Building Inspector Walling: Alderman O’Connor move to
approve the City Administrator’s appointment of Fred Walling as Building
Inspector. The motion was seconded by Alderman Finley and carried unanimously
upon call of the roll.
Mayor’s appointment to Tri-Community group: Alderman Finley moved to
approve the appointment of Mayor Nieuwenhuis to the Tri-Community Group. The
motion was seconded by Alderman O’Connor and carried unanimously upon call of
the roll.
Discussion and update on the status of Lake Lawn Resort. Alderman Siedelmann noted a foreclosure
action has been filed by Anchor Bank in connection with Lake Lawn Resort and
expressed concerns about protecting the City’s investments. Alderman Kilkenny
suggested Special Counsel Schroeder and City Attorney Koch should obtain the
pleadings and review the Development Agreements to advise on future actions.
After much discussion, City Attorney Koch indicated he would proceed as
suggested and advise the Council at a later date.
Suggested Future Agenda Items: None
Adjourn:
There being no further business to come before the Common Council, the meeting
adjourned at 8:30 p.m. upon a motion by Alderman Siedelmann, seconded by
Alderman Finley and unanimously carried.
Susan Kitzman
City Clerk