CITY OF DELAVAN
COMMON COUNCIL
February 9, 2010
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, 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, Chief O’Neill, and City Clerk Kitzman.
Pledge of Allegiance and Invocation: Mayor Nieuwenhuis led the pledge and
invocation.
Approval
of Minutes: Alderman Kilkenny offered
several amendments to the January 12th meeting. Alderman Kilkenny
moved to approve the minutes of January 12, 2010, as amended, and January 13,
2010. The motion was seconded by Alderman Finley and carried unanimously.
Communications:
Alderman Kilkenny read the communication from the City of Delavan requiring
Lake Lawn to connect to the water system.
Public
Comments: Shirley Petersen, Spring
Lane, shared her opinion about the inappropriate comments made at the January
12th Council meeting. Joe Bell, 54 Arbor Ridge Drive, spoke on open
meetings, meetings by e-mail and increased taxes. Jack Vahe asked that green
technology be introduced to the City of Delavan. Lauren Pohn, 314 Fifth Street,
encouraged signing the Mayor’s initiative for green technology, and spoke about
the last Council meeting. Merlyn Dahl, 403 E Wisconsin, asked that public comments
be answered at the meeting. Mary O’Connor, 518 North Terrace Street, and Dave
Kilkenny, both speaking as citizens explained their comments from the meeting
of January 12th.
Reports
of Standing Committees - Finance
and Treasurer’s Report: Alderman Siedelmann reported on the meeting of
February 9th. Based upon the review and recommendation of the
Finance Committee, Alderman Siedelmann moved to approve the Treasurer’s Report
for January 31, 2010. The motion was seconded by Alderman Finley and carried
unanimously.
General Operations – Alderman
Johnson reported on the meeting of February 2nd. Minutes are available at the
City Clerk’s office. Feral cats are a concern for many citizens and an action
plan has been coordinated at no cost to the citizens.
Public
Works – Alderman Kilkenny reported on
the meeting of January 26th. They reviewed bids for the 2010 Street
Project and have cut back on some of the projects to stay within budget.
Town
of Delavan Lake Committee – Alderman
Finley noted the meeting will be February 10th at the Delavan Town
Hall.
Library Board of Trustees – Alderman Finley noted the meeting will be later
this week.
Fire
Station Task Force – Mayor
Nieuwenhuis reviewed their 4-hour long meeting where they interviewed
architects and have specifically asked for green technology for the new fire
station. The Task Force is recommending negotiating with Bray Architects for
the contract.
Tri-Community Meeting – No meeting was held.
Lake Comus Protection and
Rehabilitation District: Alderman Kilkenny
– no meeting
Communications Commission: Alderman DeWitt noted the next meeting is March 3rd.
Public Hearing on a request to extinguish the Planned Infill Development of the property formerly known as the Fields of Delavan, XFIC 00002A from a condominium PID to 12 individual fee simple lots now known as Linden Fields. Applicant: BRE Ventures Delavan, LLC. Mayor Nieuwenhuis opened the public hearing. Warren Hansen, Farris, Hansen & Associates, explained the project originally allowed for 14 duplex condominium units on the site. The petitioners are requesting 12 fee simple lots with a net reduction of 2 units. All of the lots would have frontage off existing public streets. The parcel is 5 acres and each lot will be just under half an acre per lot.
Joe Bell, 54 Arbor Ridge, noted the plan depicts a large open space and asked if there is public access to this. Mr. Hansen indicated that it is part of the lots and is restricted green space that cannot be built upon but is not open to the public.
Dan Jacobsen, representing First Real Estate Partners and Herb Golding, objected to the zoning change as there are sufficient empty lots on the west side of town, and it would hurt the sale of lots that First Real Estate Partners owns that are more expensive.
When asked, Building/Zoning Administrator Walling indicated this property is zoned RM-8 and could have either single family or duplex houses on each lot. When asked about storm water issues, Director of Public Works Wendorf indicated the stormwater basin is located adjacent to this property. The City has an easement to maintain the stormwater basin.
Allen Buzzell, 353 Tyrrell, asked if the developer had enough money to develop the property. Mr. Wendorf reported all of the public utilities and improvements are already in place for this project. Merlyn Dahl asked what they are doing to conserve energy.
Cheryl Conklin, representing The Fields of Delavan Homeowners Association, asked about restrictions for the new homes and driveways. Mr. Hansen indicated there will be covenants and restrictions for the subdivision submitted with the Final Plat, but the homes will not be required to all look the same. Alderman Kilkenny noted the prior developers have paid for street, water and sewer infrastructure improvements.
Mr. Hansen noted there is an existing driveway from The Fields of Delavan Condominium that is over onto the developer’s property. Arlene Dahl, 1609 Birchwood Street, asked about their driveway and a lengthy discussion was held on how to dedicate an easement, move the driveway or submit a revised condominium declaration to alleviate this issue.
Mayor Nieuwenhuis closed the public hearing. Alderman Kilkenny moved, seconded by Alderman Finley and unanimously carried to take the following agenda item out of order.
Preliminary Plat for Linden Fields for a 12-lot redivision of Lot 1 in the Fields of Delavan Subdivision on Whispering Pines Drive. Applicant: Dan McCoy of BRE Ventures Delavan LLC: Alderman Johnson moved to approve the request for a Preliminary Plat for a 12 lot land division on Whispering Pines Drive identified as Linden Fields, last revised January 22, 2010, for the applicant Dan McCoy of BRE Ventures Delavan LLC. The motion was seconded by Alderman Finley. After some discussion, the motion carried unanimously upon call of the roll.
RC-285 Ordinance to extinguish the currently approved Planned Infill Development per Ordinance RC-64 on Lot 1 in The Fields of Delavan Subdivision. Applicant: Dan McCoy of BRE Ventures Delavan LLC: Alderman Johnson moved to approve the Zoning Map amendment for Linden Fields to eliminate the existing Planned Infill Development per Ordinance RC-64, dated April 13, 1999, on Lot 1 in The Fields of Delavan Subdivision. The motion was seconded by Alderman Finley. The motion carried unanimously upon call of the roll.
Public Hearing on a request for a Conditional Use Permit for construction of a 1,620 square foot two-story, ADA accessible entry which is an indoor institutional land use in the Institutional Zoning District located at 213 South Second Street. Applicant: Delavan United Methodist. Mayor Nieuwenhuis opened the public hearing. Steve Knutson from McGill construction reviewed the project. This will provide handicap accessible bathrooms and an elevator to the sanctuary. They will also have a canopy for the new entrance and change their driveway location onto Second Street.
Allen Buzzell, Tyrrell Court, spoke in favor of the church. Director of Public Works Wendorf noted that the Fire Chief, Police Chief and other staff members are in favor of the reduced setback for the driveway from the Washington Street intersection as they feel it will be safer. There being no further parties wishing to speak, the public hearing was closed. Alderman Johnson moved to address the following two agenda items out of order. The motion was seconded by Alderman Siedelmann and carried unanimously.
R-492
Resolution for a Regular Conditional Use Permit for a 1,620 square foot 2-story
addition to the north side of an existing church located at 213 S. Second
Street, which is an Indoor Institutional land use in the Institutional (I)
Zoning District. Applicant: Delavan
United Methodist Church: Alderman Johnson moved to approve the regular conditional use permit
for an addition to the north side of the Delavan United Methodist Church at 213
S. Second Street, pursuant to the plans prepared by Magill Construction
Company, Inc. dated December 17, 2009, identified as Job #807510 and the Site
Plans prepared by Farris, Hansen & Associates, Inc., identified as Project
No. 8020, dated 10/20/2009 with approval of the entrance from South Second
Street as described. The motion was
seconded by Alderman Dewitt and carried unanimously.
Revocable
Occupancy Permit to allow for an existing sign to remain located in the public
right-of-way in front of 213 S. Second Street. Applicant: Delavan United
Methodist Church. Alderman Johnson moved to approve the
Revocable Occupancy Permit to allow for the existing sign to remain located in
the public right-of-way at 213 S Second Street until it must be replaced. The
motion was seconded by Alderman Finley. Mr. Wendorf noted the sign is currently
located in the right of way and there are several additional properties with
the same issue. The standard Department of Transportation process is to record
a revocable occupancy permit against the property. The motion carried
unanimously.
Public Hearing on a request for a regular Conditional Use Permit for fabrication and assembly of tankers for fire trucks which is a light industrial land use in the Manufacturing General Zoning District located at 1827 Hobbs Drive. Applicant: US Tanker: Mayor Nieuwenhuis opened the public hearing. Mark Meaders representing US Tanker, indicated they would like to take over a portion of the former Stock Lumber property. US Tanker has been in business for about 25 years and make fire truck apparatus tankers and pumpers. The business is light manufacturing, has one shift of 25 employees and is currently located in Burlington.
Jack Vahe, Laurel Heights Drive asked if they have hazardous material. Mr. Meaders indicated they do not. Merlyn Dahl asked about the 10,000 gallon underground water tank. Mr. Meaders indicated it is used to test the pumps on the tanker trucks they manufacture. The water is cycled back through the storage tank. Alderman O’Connor read the letter from Dave Weber at Mode Industries in favor of the project. There being no further parties wishing to speak, the public hearing was closed.
Consider
a two-lot Certified Survey Map at 1827 Hobbs Drive (former Stock Lumber retail
store). Applicant: Mark A. Meaders
representing US Tankers: Alderman
Johnson moved to approve the two-lot land division at 1827 Hobbs Drive pursuant
to the preliminary drawings prepared by Vierbicher, dated 12-23-09, identified
as Project No. 75097134.00. The motion was seconded by Alderman Finley and
carried unanimously upon call of the roll.
R-493
Resolution for a Regular Conditional Use Permit to allow assembly and
fabrication of tankers located at 1827 Hobbs Drive (former Stock Lumber retail
store), which is a Light Industrial land use in the Manufacturing General (MG)
Zoning District. Applicant: Mark A.
Meaders representing US Tankers:
Alderman Johnson moved, seconded by Alderman O’Connor to approve the regular
conditional use permit to allow assembly and fabrication of tankers at 1827
Hobbs Drive. The motion carried unanimously.
Mayor Nieuwenhuis declared a
5 minute recess.
R-494
Resolution Establishing a Numerical Standard Goal for City of Delavan Roadway
Pavements: Alderman Kilkenny moved to approve the resolution establishing a ratings
goal of 6.75 in 2011 and 7.0 in 2013. The motion was seconded by Alderman
Finley. Alderman Kilkenny spoke on the street repair program and how the paser
ratings work. Alderman Johnson confirmed this is a goal and not a binding
resolution. Aldermen Johnson, DeWitt and Siedelmann expressed concern about
spending money for roads at the detriment to other needs. The motion carried unanimously upon call of
the roll.
2010
Purchase of Orion Meters and Radio Transmitters from Badger Meter at a total
cost of $80,833.15. Alderman Siedelmann moved to approve the 2010
purchase of Orion Meters and Radio Transmitters from Badger Meter at a total
cost of $80,833.15. The motion was seconded by Alderman DeWitt. Alderman
Kilkenny noted this is an on-going program to modernize the water meters. The
motion and carried unanimously.
Preliminary
Special Assessment Resolution for sidewalk on the west side of South Second Street
from Washington Street to Wisconsin Street: Alderman Finley moved to deny the preliminary Special Assessment
Resolution for sidewalk on the west side of the 200 block of South Second
Street. The motion was seconded by Alderman Kilkenny. The motion carried with
Alderman DeWitt dissenting.
Preliminary
Special Assessment Resolution for sidewalk on the west side of Second Street
from Geneva Street to Phoenix Street.
Alderman Siedelmann moved to deny the Preliminary Special Assessment Resolution
to install sidewalk on the west side of South Second Street from Geneva Street
to Phoenix Street. The motion was seconded by Alderman Finley and carried
unanimously upon call of the roll.
Preliminary
Special Assessment Resolution for sidewalk on the south side of East Geneva
Street from Fifth Street to Sixth Street. Alderman
Siedelmann moved to deny the preliminary special assessment resolution for
sidewalk on the south side of East Geneva Street from Fifth to Sixth Street.
Alderman Finley asked if this is connecting sidewalk to existing sidewalks. Mr.
Wendorf explained there are some sidewalks in parts of this area. The motion
was seconded by Alderman Johnson and carried unanimously.
R-495
Preliminary Special Assessment Resolution for sidewalk on both sides of Elmhurst
Avenue from Barnes Street to the north end. Alderman
Siedelmann moved to approve the preliminary special assessment resolution for
sidewalk on both sides of Elmhurst Avenue from Barnes Street to the north end.
The motion was seconded by Alderman Finley. Alderman Siedelmann noted this is
an area with a lot of children. The motion carried unanimously upon call of the
roll.
Preliminary
Special Assessment Resolution for concrete curb and gutter on both sides of
Creek Road from Beloit Street to a point 150 feet to the west. Mr. Wendorf explained the city engineer is
asking to install curb and gutter for traffic control and to reduce the traffic
hazard. Alderman Kilkenny did not want to install curb at this time, but the
City might want to do so in the future. Alderman Kilkenny moved to deny the
preliminary special assessment resolution for concrete curb and gutter on both
sides of Creek Road. The motion was seconded by Alderman Finley.
When asked, Mr. Wendorf said there would be
a $14,000 cost to the city and $4,000 to Walworth County. The County agrees
that the curbing will help with visibility in the southwest quadrant of the
intersection. This would be curb at the radius area of the intersection only,
then a simple pavement overlay to where the Creek Road construction ended in
2008.
Alderman Kilkenny called the question. The motion was seconded by Alderman Siedelmann and carried unanimously. The motion to deny the preliminary special assessment resolution carried unanimously upon call of the roll.
Preliminary
Special Assessment Resolution for watermain installation on Delview Lane from
Second Street to Swan Creek Avenue. Alderman
Siedelmann moved to approve the preliminary special assessment resolution for
watermain installation on Delview Lane from Second Street to Swan Creek
Avenue. The motion was seconded by
Alderman Kilkenny and carried unanimously upon call of the roll. (Later
during the meeting the item was reconsidered and denied.)
Consider purchase of Street Department 5-Yard Dump Truck with plows and
sander from Lakeside International of Milwaukee, WI, for an amount not to
exceed $126,500: Director of Public Works Wendorf explained
the option of purchasing an on-the-lot chassis for a $7,500 savings versus
ordering a 2010 chassis, however, it would be orange in color. The City budget
included $170,000 for this purchase. Alderman Kilkenny moved to approve the
purchase of a 5-Yard Dump Truck with plows and sander from Lakeside
International of Milwaukee, WI, Northland Equipment of Janesville, and
Wausau-Everest of New Berlin, in an amount not to exceed $126,500. The motion
was seconded by Alderman Johnson and carried unanimously upon call of the roll.
Consider award
of 2010 Street Rehabilitation Contract to Frank Brothers, Inc. of Janesville,
WI in an amount of $528,041.90: Director of Public Works
Wendorf noted the City’s 2010 budget amount for this agenda item and the next
was $995,000. The recommendation of the Public Works Committee was to delete
several of the bid streets to stay within budget, including Elmhurst Avenue
repaving, East Geneva Street repaving, and Marino Avenue repaving for a total
of $312,427.40. Alderman
Johnson moved to use the savings from the purchase of the dump truck and some
fund balance, to add Elmhurst Avenue back into the contract and to
award the 2010
Street Rehabilitation Contract to Frank Brothers, Inc. of Janesville, WI in an
amount of $363,924.15. The motion was
seconded by Alderman Kilkenny. The motion carried unanimously upon
call of the roll.
Consider
award of 2010 Watermain and Street Improvements Contract to GMS Contractors of
Edgerton, WI in an amount of $685,533.00. Alderman Johnson moved to award the 2010 Watermain and Street
Improvement Contract to GMS Contractors of Edgerton, WI in an amount of $634,856.00
which deletes the Delview Lane watermain.
The motion was seconded by Alderman O’Connor. The motion carried
unanimously upon call of the roll. City Administrator Salitros suggested that
the Delview Watermain Special Assessment be reconsidered in light of not
constructing the project.
Preliminary
Special Assessment Resolution for watermain installation on Delview Lane from
Second Street to Swan Creek Avenue. Alderman
Siedelmann moved, seconded by Alderman Kilkenny and unanimously carried, to
reconsider the Delview Lane preliminary special assessment resolution. Alderman
Johnson moved to deny the preliminary special assessment resolution for Delview
Lane. The motion was seconded by Alderman O’Connor and carried unanimously.
Consider a request to amend the existing Development Agreement with Garden Meadows Condominiums. Applicant: Advanced Property Development, LLC. Alderman Johnson moved to have staff work with the developers to request an amendment to the development agreement that includes a date certain for their extension and an increased letter of credit amount. The matter should be returned to Council for consideration. The motion was seconded by Alderman Siedelmann. The motion carried unanimously upon call of the roll.
Consider
request to amend the existing Development Agreement with Glen Oaks Subdivision.
Applicant: Triland Developers, LLC. Alderman Johnson moved
to have staff work with the developers on an amendment to the development
agreement that includes a date certain for their extension and an increased
letter of credit amount. The motion was seconded by Alderman O’Connor and
carried unanimously upon call of the roll.
RC-286
Ordinance to regulate U-Turns by motor vehicles, based upon recent State Law
changes. Alderman Siedelmann moved to
adopt the proposed ordinance regarding U-Turns. The motion was seconded by
Alderman DeWitt. Alderman Kilkenny asked if there have been accidents with this
regard. Chief O’Neill noted the state law was recently changed and U-turns are
now legal at all signalized intersections unless otherwise posted. Staff is
recommending that only the intersection of North Shore and Highway 50 be
restricted due to the conflict of the signalized right-turn lanes. The motion
carried unanimously.
Approval
of Bills:
Based upon the review and recommendation of the Finance Committee, Alderman
Siedelmann moved to approve Warrant 10-01 and Supplemental List of Bills in
Excess of $5,000 for January, 2010. The motion was seconded by Alderman Johnson
and carried unanimously upon call of the roll.
Consider authorizing Fire
Station Task Force and staff to negotiate scope of services, compensation and
agreement with selected design firm for fire station project: City Administrator Salitros noted the
fire station task force has recommended negotiating the scope of services for
the fire station project, compensation for the services, and a corresponding
agreement with the Bray Architect firm.
Alderman Siedelmann moved to authorize the fire station task force to
negotiate with the Bray firm. The motion was seconded by Alderman Johnson. Alderman Kilkenny asked to have the fire
station task force report to the Council and interview the architects. Alderman
DeWitt highlighted the process where 15 statements of qualifications from interested
design firms were received. The Committee members each reviewed the statement
of qualifications with guidelines. Four
firms were interviewed and were highly qualified. DeWitt felt the Council
should trust the work of the task force. Alderman O’Connor noted the interviews
were open to the public and Council members could have attended. The motion
carried unanimously upon call of the roll.
Adjourn: There being no further business to come before the
Common Council, the meeting adjourned at 9:26 p.m. upon a motion by Alderman
DeWitt, seconded by Alderman O’Connor, and unanimously carried.
Susan
Kitzman
City
Clerk