CITY OF DELAVAN
COMMON COUNCIL
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, Kilkenny, O’Connor, Johnson,
DeWitt and Stebnitz. Also Present: City Administrator Salitros, City Attorney
Koch, Director of Public Works Wendorf, Police Chief O’Neill and City Clerk
Kitzman.
Pledge
of Allegiance and Invocation: Mayor
Nieuwenhuis led the Pledge of Allegiance and Invocation.
Approval
of Minutes: Alderman O’Connor moved
to approve the minutes of May 11, 2010 and May 15, 2010. The motion was
seconded by Alderman Johnson and carried unanimously.
Public
Comments: Joe Bell, 54 Arbor Ridge
Drive, spoke on the Comprehensive Plan and how it affects the Shodeen
Development. Noreen Joppa Nelson, 122
North Second Street, owner of Joppa’s Museum that is open on Sunday from 1-3. Lauren
Pohn, 314 N 5th, spoke on Alro Steel, liquor licenses and Shodeen.
John Finley expressed concern on the Shodeen Development.
Reports
of Standing Committees - Finance
and Treasurer’s Report: Alderman DeWitt reported on the meeting of June 7th
where the Committee approved the SCADA system upgrade that will save electrical
costs for the water utility. Based upon the review and recommendation of the
Finance Committee, Alderman DeWitt moved to approve the Treasurer’s Report. The
motion was seconded by Alderman Johnson and carried unanimously.
General
Operations: Alderman Johnson reported
on the meetings of June 1st and June 8th. The next
meeting will be July 6th. Minutes are available with the City
Clerk.
Public
Works: Alderman O’Connor reported on
the meetings of May 25th and June 5th. The Committee has
met with local residents regarding streets that need repair.
Town
of Delavan Lake Committee: Mayor
Nieuwenhuis reported on the meeting of June 2nd where the inlet
dredging bids were rejected as they were too high. The project will be rebid for dredging later this year if
possible.
Library
Board of Trustees: Alderman O’Connor
noted she was unable to attend, however minutes for the meeting were available.
Tri-Community Meeting: No meeting.
Lake
Comus Protection and Rehabilitation District: Alderman Kilkenny reported they did not have a meeting.
Communications Commission: No meeting. The next meeting will be July 6th
at 4:30.
Award 2010 Woolsey Street Elevated Water Storage Tank
Repainting Bid to Aero Painting of Elkhart Lake, WI in the amount of $46,390. Alderman DeWitt reviewed the seven bids received and
moved to award the 2010 Woolsey Street Elevated Water Storage Tank Repainting
Bid to Aero Painting of Elkhart Lake, WI in the amount of $46,390. The motion
was seconded by Alderman Siedelmann and carried unanimously upon call of the
roll.
Award Meter Truck Proposals to Hiller Ford Inc of Franklin, WI in the amount of $26,495. Alderman Dewitt noted two bids were received and moved to approve the bid from Hiller Ford Inc. for a meter truck in the amount of $26,495. The motion was seconded by Alderman Siedelmann and carried unanimously upon call of the roll.
Consider Granting the 2010-2011 Liquor
Licenses pursuant to the attached list and authorizing the City Clerk to issue
the licenses when the statutory requirements have been met. When asked,
City Attorney Koch explained his written opinion that the City could not
withhold issuance of liquor licenses pending payment of real property taxes.
Alderman Kilkenny
moved to divide the question based on those establishments that are in
compliance with Municipal Code Section 7-2-7(m)(1) with the exception of those
owing city taxes. The motion was seconded by Alderman DeWitt. After discussion, the motion carried with
Alderman Johnson dissenting.
Alderman
Kilkenny moved to deny Delavan Resort Management, Delavan Lanes, Buena Vista,
XCS Enterprises/Downtown Deli, Martinez Raul, Inc. d/b/a La Guanajuato based
upon the ordinance excluding real property taxes as recommended by the City
Attorney. The motion was seconded by Alderman Siedelmann. After much discussion
it was agreed to schedule a hearing on the applicants who have been denied
renewal for Tuesday, June 29th at 6:30 p.m. The motion to deny
carried unanimously.
Alderman Kilkenny
moved to approve the balance of the applicants that are in compliance with
Section 7-2-7 (m)(1). The motion was seconded by Alderman Johnson and carried
unanimously.
Consider Granting 6 Month Class B Beer License for
American Legion Post 95 Canteen at Veteran’s Park from May to October. Alderman Johnson moved to grant the 6 month beer
license to the American Legion Canteen. The motion was seconded by Alderman
O’Connor and carried unanimously.
Consider Granting Temporary Class B license for St.
Andrew Festival on July 9th and 10th, 2010, James Damrow,
Agent. Alderman Johnson moved to grant a temporary Class B License for
St. Andrew Festival on July 9th and 10th, 2010. The
motion was seconded by Alderman O’Connor and carried unanimously.
RC-289
Invasive Species Ordinance to amend the Navigable Waters portion of the
Municipal Code to include polluting of waters with aquatic plants or animals. City. Alderman Siedelmann moved to approve the
Invasive Species Ordinance. The motion was seconded by Alderman Kilkenny and
carried unanimously.
Discussion and possible recommendation on request to
permanently close the intersection of Third Street and Geneva Street, south of
the railroad tracks: Alderman Kilkenny moved to permanently close Third and Geneva south of
the railroad tracks. Alderman Siedelmann seconded the motion. Alderman
Siedelmann noted the Fire Department has recommended not closing the
intersection, however residents cite several safety issues at the intersection.
Alderman DeWitt noted several impacts this closing will create. When asked,
Director of Public Works Wendorf indicated the project is not budgeted for
construction for 2010. The motion
carried unanimously upon call of the roll.
Consider approving proposal to conduct a
conditions assessment of the former Israel Stowell Temperance House. Alderman Kilkenny moved to approve the proposal
submitted by LJM Architects, Inc. of Sheboygan WI at a cost of $8,900 to
conduct the conditions assessment of the Israel Stowell Temperance House. The
motion was seconded by Alderman Siedelmann. A lengthy discussion was held on
who would be paying for this cost.
Alderman Kilkenny moved, seconded by Alderman DeWitt, to amend the motion to provide a condition that the award is pending receipt of the National Trust for Historic Preservation grant for one-half the cost. The motion was carried unanimously upon call of the roll. The motion as amended carried with Alderman Stebnitz dissenting.
Receive Notice of Claim for Joseph S
Ricciotti from Attorney Joseph Putzstuck: City Attorney Koch indicated he spoke with Attorney Wassel, who is the
senior partner of the law firm where Attorney Putzstuck is employed. The documents requested by the law firm have
been provided by the City Attorney, and therefore there is no claim. Alderman
Kilkenny moved, seconded by Alderman Siedelmann, and unanimously carried, to
take no action at this time.
Discussion on Shodeen Development
regarding potential impact on the Smart Growth Plan. Alderman Kilkenny, who had requested this item,
spoke on the Smart Growth Plan and expressed concern about amending the
recently adopted plan.
Approval
of Bills: Based
upon the review and recommendation of the Finance Committee, Alderman DeWitt
moved to approve Warrant 10-05 and Supplemental List of Bills in Excess of
$5,000 for May, 2010. The motion was
seconded by Alderman Stebnitz and carried unanimously.
Public Comments: Shirley Peterson, 335 Spring Lane, suggested
weighing very carefully your decision to go into closed session. James
D’Allesandro, who is running for State Assembly, introduced himself. Calvin
Square, 311 East Geneva Street, thanked the Council for agreeing to close Third
and Geneva, however expressed concerns about being assessed for curb and
gutter. John Finley suggested his views on the items to be discussed in closed
session. Allen Buzzell spoke on the 5 year plan. Dan Kilkenny, N3616 Elm Ridge
Road, encouraged the Council to maintain fiscal conservatism on the closed
session items.
Suggested Future Agenda Items: Alderman Siedelmann
suggested an update on the status of the disputed invoices with Lake Lawn.
Alderman DeWitt indicated they will be discussed at a special meeting of the
Finance Committee later this month.
Recess
to Closed Session pursuant to WI Stats. 19.85(1)(e) Deliberating or negotiating
the purchasing of public properties, the investing of public funds, or
conducting other specified public business, whenever competitive or bargaining
reasons require a closed session.
a. Consider NAI MLG Commercial proposal for marketing industrial park properties.
b.
Consider request from Alro Steel for an extension of
their agreement with the City.
And remain in Closed Session pursuant to WI Stats. 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. Re: Lake Lawn Resort Water Projects. Alderman Kilkenny moved to divide the question for all items. The motion died for lack of a second.
Alderman Johnson moved to recess to closed session at 7:45 p.m. The motion was seconded by Alderman O’Connor. Alderman Kilkenny expressed concern about the Alro Steel project as there is an existing agreement with Alro and the public has a right to hear. The motion carried with Alderman Kilkenny dissenting.
Mayor
Nieuwenhuis declared a 10-minute recess.
Reconvene to Open Session with possible
announcement/determination on closed session discussion. Alderman Johnson moved to reconvene to open session at 9:37 p.m.
the motion was seconded by Alderman Kilkenny and carried unanimously.
Adjourn: There being no further business to come before the
Common Council, the meeting adjourned at 9:38 p.m. upon a motion by Alderman
Johnson, seconded by Alderman Kilkenny and unanimously carried.
Susan Kitzman
City Clerk