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, DeWitt, O’Connor, Johnson,
Kilkenny and Finley. Also Present: City Administrator Salitros, City Attorney
Koch, Director of Public Works Wendorf, Building/Zoning Administrator Walling,
Utility Director Stebnitz, Police Chief O’Neill and City Clerk Kitzman.
Pledge
of Allegiance and Invocation: Mayor
Nieuwenhuis led the pledge and invocation.
Approval of Minutes: Alderman Siedelmann moved to approve the minutes of
November 7, 2009, November 10, 2009, November 17, 2009, and November 24, 2009.
The motion was seconded by Alderman Finley and carried unanimously.
Public Comments: Merlyn
C Dahl, 403 E Wisconsin Street, Shirley Petersen, 335 Spring Lane, and
Dan Kilkenny, Elm Ridge Road, all spoke on the TIF District, Lake Lawn and the
Smart Growth Plan.
Reports of Standing Committees - Finance and Treasurer’s Report: Alderman
Siedelmann reported on the meeting earlier this evening and moved to approve
the Treasurer’s Report and place it on file. The motion was seconded by
Alderman Johnson and carried unanimously.
General Operations: Alderman Johnson reported on the meeting of December
1, 2009. Minutes are available through the City Clerk’s office. Alderman DeWitt
added that they are also discussing the feral cat situation.
Public Works: Alderman Kilkenny reported on the meeting of November 23, 2009. The
next meeting has been changed to December 15th to review the 2010
street plans.
Town of Delavan Lake Committee: Alderman Finley explained the Committee had an update
on Browns Channel, Inlet, and Wetlands projects.
Library Board of Trustees: Alderman Finley noted the flag at the library is now
lit. He also reported on the activities of the Friends of the Aram Public
Library.
Fire Station Task Force: Mayor Nieuwenhuis explained there has been no recent
meeting. The report is available.
Tri-Community
Meeting: Alderman Finley reported
there had been no meeting.
Lake Comus Protection and Rehabilitation District: Alderman Kilkenny reported there was no meeting last
month.
Communications
Commission: Alderman DeWitt reported
there was no meeting this last month.
Public Hearing on a request for a Conditional Use Permit to
construct a 3,840 square foot building at 112 South Third Street, which is an
in-vehicle Sales and Service land use in the Business Central (BC) Zoning
District. Applicant: Al Betker.
Also a Public Hearing on a request for a Conditional Use Permit for a Group Development containing two principal land uses on the same lot at 112 South Third Street, in the Business Central (BC) Zoning District. Applicant: Al Betker. Mayor Nieuwenhuis opened the public hearing. Mr. Betker noted he is trying to replace the building that was recently burned by a fire. Joe Bores, owner of 107 South Third Street, requested the zoning be denied as there is not enough parking on Third Street and another building will damage his business by taking up parking. Mr. Betker noted his business had been there for 40 years. Shirley Peterson asked about the two uses on the property. Mr. Betker explained one will be his automotive business and the other unit he will rent to some type of retail business. When asked, Building/Zoning Administrator Walling noted the business is in the historic district and the Plan Commission has approved the exterior finishes and historic appearance. There being no further parties wishing to speak, the public hearing was closed.
Alderman Kilkenny moved, seconded by Alderman Johnson to take the following item out of order. The motion carried unanimously.
R-489 Conditional Use Permit to construct a 3,840 square foot building at 112 South Third Street, which is an in-vehicle Sales and Service land use in the Business Central (BC) Zoning District. Applicant: Al Betker. And a Conditional Use Permit for a Group Development containing two principal land uses on the same lot at 112 South Third Street, in the Business Central (BC) Zoning District. Applicant: Al Betker: Alderman Finley moved to approve the resolution authorizing the Conditional Use Permit for 112 South Third Street. The motion was seconded by Alderman Johnson.
Alderman DeWitt asked about the concerns of the Plan Commission regarding lighting. Building/Zoning Administrator Walling indicated the lighting shown on the revised plans meets the full cut-off requirements. Mr. Walling indicated the Commission did review several design issues and unanimously recommended approval. The motion carried unanimously.
A public hearing to consider the City’s Clerk’s proposed schedule of assessments for Weights and Measures: Mayor Nieuwenhuis opened the public hearing. City Clerk Kitzman explained the schedule to assess the business owners for their portion of what the State of Wisconsin charges the City to assure the accuracy of weights and measuring devices, ranging from deli scales to gasoline pumps. There being no further parties wishing to speak, the public hearing was closed.
Alderman Siedelmann moved, seconded by Alderman Dewitt to amend the agenda and take the following item out of order. The motion carried unanimously.
R-490
Resolution Authorizing Fee Assessments for Weights and Measures License
Holders: Alderman Siedelmann moved to
adopt the resolution Authorizing Fee Assessments for Weights and Measures
License Holders. The motion was seconded by Alderman DeWitt and carried
unanimously upon call of the roll.
RC-284 Ordinance to amend the Amount of Sewer Service Charges: Utility Director
Stebnitz reviewed the ordinance to amend the sewer rates. She explained the
Walworth County Metropolitan Sewerage District adopts their budget and rates in
November and then the City must develop a rate to pass on those WalCoMet
charges. The average residential
customer will have a $20 increase per quarter. Alderman Kilkenny moved to adopt
the Ordinance to amend the Amount of Sewer Services Charges. The motion was
seconded by Alderman Finley and carried with Alderman DeWitt dissenting.
Amendment No. 12 for our
2010 Engineering Services Agreement with Baxter & Woodman, Inc. Alderman Siedelmann moved to approve
Amendment No. 12 for our 2010 Engineering Services Agreement with Baxter &
Woodman, Inc. The motion was seconded by Alderman Johnson and carried
unanimously upon call of the roll.
Approval
of Bills:
Based upon the review and recommendation of the Finance Committee, Alderman
Siedelmann moved to approve Warrant 09-11 and Supplemental List of Bills in
Excess of $5,000 for November, 2009. The
motion was seconded by Alderman Johnson and carried unanimously upon call of
roll.
Appointment of City of Delavan Election Workers for
2010-2011: City
Clerk Kitzman recommended a list of potential election workers for the next two
years. Alderman Finley moved to approve
the appointment of City of Delavan Election Workers for 2010-2011. The motion
was seconded by Alderman Siedelmann and carried unanimously.
Agreement with Delavan
Rescue Squad, Inc.: City
Administrator Salitros noted recent negotiations with Delavan Rescue Squad will
allow the City to assist them with the purchase of their own building and they
will provide ambulance service to the citizens of Delavan at a reduced rate.
The charge for 2010 will remain unchanged at $5,000, and the City will advance
$38,000 for the purchase and development of their new facility. Fees for 2011
to 2015 will range from $24,000 to $40,000 under the terms of the agreement.
City Administrator Salitros noted many communities have been paying about $8
per capita for this type of service. Alderman Siedelmann moved to approve the
Agreement with Delavan Rescue Squad, Inc. The motion was seconded by Alderman
Finley and carried with Alderman DeWitt abstaining.
Discussion and possible action on municipal water
service for Lake Lawn Lodge, for existing buildings that do not have service
from the City.
Alderman
Kilkenny moved to direct this question to the Water and Sewage Commission under
Section 9-1-50 of the Municipal Code and upon approval of the Water and Sewage
Commission that the Clerk provide notice to the owner or the occupant of the
premises. The motion was seconded by Alderman Finley. Alderman Kilkenny
reported that City Attorney Koch provided letter in details outlining rights of
City to require connection to the City. Also Special Counsel Schroeder who has
dealt with Lake Lawn, that in original developer agreement with Lake Lawn
Resorts dated 17 May 2005 page four under G Development of Lot 1 CSM. “The
Developer shall install laterals to connect to the public water mains provided
by the City to the existing and proposed structures on the Lake Lawn Resort
Property such that no portion of the Lake Lawn Resort Property shall be served
by a private water system except for irrigation purposes…”
When asked
Utility Director Stebnitz explained the phases for water service as set forth
in the development agreement. Phase 1 included hooking up Norwood, Shorewood,
Timber and Boulder Lodges. Phase 2 was the extension down Highway 50 to serve
the Villas at the marina. Phase 3 was
to be the completion of the watermain extension to connect the convention
center, hotel and a water park. The
building construction for phase 2 and 3 haven’t started yet. Costs for hooking up the water services have
not been determined. Alderman O’Connor asked Barb Stebnitz Utility Director
to explain phase 3 but the Utility Director indicated she preferred Mr. Salitros
address that as it was agreement with Common Council, nothing to do with Water
& Sewer. City Administrator Salitros described phases on the map with
assistance from Public Works Director Wendorf. After a lengthy discussion,
the motion carried unanimously upon call of the roll.
Discussion and update from City Administrator
regarding PEG channel which is currently not utilized. City Administrator
Salitros noted the city has two public access channels with the cable company.
The Wisconsin School for the Deaf channel was active many years ago, however is
dark at this time. He confirmed there
is no date in the law that says it will be lost if not utilized. The Council
agreed to have the Communications Commission continue to review the matter
Suggested Future Agenda Items: Alderman Siedelmann asked
to have a meeting with Special Counsel and the City Attorney to determine how
to proceed with Lake Lawn.
Adjourn: There being no further business to come before the
Common Council, the meeting adjourned at 8:15 p.m. upon a motion by Alderman
Siedelmann, seconded by Alderman Finely and unanimously carried.
Susan
Kitzman
City
Clerk
Italics
indicates changes made by Common Council at January 12th meeting.