CITY
OF DELAVAN
COMMON
COUNCIL
July 13, 2010
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: Aldermen Siedelmann, Kilkenny, O’Connor, Johnson, DeWitt and Stebnitz.
Also Present: City Administrator Salitros, City Attorney Koch, Director of
Public Works Wendorf, Building/Zoning Administrator Walling, Police Chief O’Neill
and City Clerk Kitzman.
Pledge of Allegiance and Invocation: Mayor Nieuwenhuis led the pledge and
invocation.
Approval
of Minutes: Alderman Johnson moved to
approve the minutes of June 8, 2010 and June 29, 2010. The motion was seconded
by Alderman O’Connor and carried unanimously.
Communications: Mayor Nieuwenhuis encouraged attendance at the
concerts in Phoenix Park. He also stated that Relay for Life raised $136,171
for cancer research.
Alderman Kilkenny noted the National Trust for Historic Preservation awarded a matching grant of $4,450 to the City to help cover the cost of the conditions assessment of the Israel Stowell Temperance building, and the Chesko family will be closing the sale of the former Temperance House to the Delavan Historical Society by the end of July.
Public
Comments: Barbara Shreves, 640
Holland, thanked the council for their efforts to preserve the Israel Stowell
Temperance house. Ron Wilson, 211 Meadow Court, encouraged use of the
developer’s letter of credit on Tamarack Street that has holes approximately 6
feet across and 5 feet deep. Merlyn Dahl, 403 E Wisconsin Street, asked about
the Use of Electronic Mail policy.
Lauren Pohn, 314 S 5th
Street, spoke against reimbursing Lake Lawn $13,0000 plus interest and fees.
She spoke against offering NAI MLG an exclusive listing.
Reports
of Standing Committees - Finance
and Treasurer’s Report: Alderman
DeWitt moved to approve the Treasurer’s Report for June 30, 2010. The motion
was seconded by Alderman Stebnitz and carried unanimously.
General
Operations: Alderman Johnson reported
on the meeting of July 6, 2010. He noted the minutes are available to the
public.
Public Works: Alderman O’Connor reported on the meeting of June 22, 2010 were
they discussed the North Fourth Street pavement drainage, and use of the letter
of credit to repair Evergreen Drive and Tamarack Street. The Paser goal
standard will be reviewed at the next Public Works meeting.
Town
of Delavan Lake Committee: Mayor
Nieuwenhuis reviewed the meeting of July 7th where they discussed
the inlet dredging project for next spring.
They also reviewed an aquatic plant management plan for Delavan Lake.
Library
Board of Trustees: Alderman O’Connor
reported on the meeting of July 1st, where they worked on the budget
and capital plan. There are many activities at the library including summer
programs in the tent.
Tri-Community Meeting: No meeting.
Lake Comus Protection and
Rehabilitation District: No meeting.
Fire
Station Building Committee: Mayor
Nieuwenhuis reported the Committee reviewed the plans for the building and made
some modifications.
Public Hearing on a request for a Regular Conditional Use Permit to allow for a Two-Flat Residential Dwelling Unit to be located at 303 E. Washington Street, which is a permitted land use in the Office Neighborhood (ON) Zoning District. Applicant: James Beall: Mayor Nieuwenhuis opened the public hearing. Mr. Beall noted he has owned the property for a few years and recently they have not been able to maintain a commercial business for the building. They would like to convert to a residential facility. There being no further parties wishing to speak, the public hearing was closed.
R-503 Resolution to authorize a Regular Conditional Use Permit to allow for a Two-Flat Residential Dwelling Unit to be located at 303 E. Washington Street, which is a permitted land use in the Office Neighborhood (ON) Zoning District. Applicant: James Beall: Alderman Johnson moved to adopt the regular conditional use permit for the building at 303 E Washington Street. The motion was seconded by Alderman O’Connor and carried unanimously.
When asked, City Administrator Salitros
explained that any reimbursement back to Lake Lawn would be paid by check and
would include the administrative fee of 5% and any interest charges. Alderman
DeWitt noted that Lake Lawn is not in arrears to the City in any way at the
present time.
There was also an error in billing from Vandewalle and Associates that was reimbursed from Vandewalle and the City reimbursed Lake Lawn for those charges. Alderman Kilkenny spoke against reimbursing Lake Lawn for engineering and attorney fees as he felt there was no evidence provided to support the reimbursement. Alderman Johnson indicated the documents prepared by Alderman Siedelmann are evidence and the City should reimburse the funds. A lengthy discussion was held on the matter.
Alderman DeWitt moved to amend the motion to include a provision that the check be issued provided the City receives a signed release from the necessary parties including Lake Lawn and Anchor Bank that they will not seek reimbursement for any other claimed cost recovery charges. The amending motion was seconded by Alderman O’Connor.
Alderman Kilkenny asked if
the release would include the $20,000 in later cost recovery invoices that they
also filed an objection. City Attorney Koch indicated the release would be very
open ended. Alderman Kilkenny asked if Baker Tilly would find additional items
in the audit of the cost recovery charges, would the release prevent the City
from recovering the charges. City Attorney Koch indicated it would not.
2010 Sidewalk Repair Program Contract to R.R. Walton & Co. Ltd. of Whitewater, Wisconsin in an amount of $16,125. Alderman Dewitt explained the sidewalk repair program has the City pay 50% of the repair costs for existing sidewalk. The City must also pay 100% of the cost of crosswalks. Approximately $14,000 will be the City’s cost and the remainder will be assessed to the property owners. Alderman DeWitt moved to award the 2010 Sidewalk Repair Program Contract to R. R. Walton & Co. Ltd. of Whitewater, WI in an amount of $16,125. The motion was seconded by Alderman Stebnitz and carried unanimously upon call of the roll.
Policy
for Use of Electronic Mail by the Mayor and Common Council: Alderman DeWitt noted that the General Operations
Committee has recommended the proposed policy on e-mail for the Mayor and
Council and City e-mail accounts shall be the only email account used and
promoted by Delavan elected officials for conducting city-related
business. Alderman Johnson moved to
approve the Policy for Use of Electronic Mail by the Mayor and Common Council.
The motion was seconded by Alderman DeWitt. Mr. DeWitt noted this policy
originated from the Communications Commission. E-mails are subject to open
records and the City has the ability to store and retrieve these e-mails. A
discussion was held on open records and how aldermen can communicate with
others and staff.
Paragraph
B. 2. that requires email accounts to be accessible via the Web was discussed.
City Administrator Salitros explained this will allow the Mayor and Aldermen to
use the e-mail service from remote locations, however would not be available to
the public. Alderman Johnson moved, seconded by Alderman DeWitt, to amend
Section B.2. to state, “Email accounts for elected officials will be accessible
to said elected officials via the Web.” The amending motion
carried unanimously. The original motion as amended also carried unanimously.
RC-290
Smoking Prohibited in Certain Places Law.
Alderman Johnson moved to adopt by reference the smoking prohibited law. The
motion was seconded by Alderman O’Connor. Police Chief O’Neill explained this
allows the charges and fees to go to Municipal Court instead of County Court,
and does not change the state law. The motion carried unanimously.
Consider use of Developers Letter of Credits to repair base pavement
failures on Tamarack Street and Evergreen Drive. Alderman
O’Connor moved to use the developers letter of credit to repair base pavement
failure to Tamarack Street and Evergreen Drive. The motion was seconded by
Alderman Kilkenny. Director of Public Works Wendorf indicated that the Letters
of Credit should have adequate funds to repair the pavement failures and all of
the remaining improvements. The motion carried unanimously upon call of the
roll.
Consider
Change of Date for September, 2010 Council meeting from Tuesday, September 14th
to Monday, September 13th due to conflict with Primary Election. Alderman Johnson moved to change the regular September
meeting to September 13, 2010. The motion was seconded by Alderman Kilkenny and
carried unanimously.
Approval
of Bills-Warrant 10-06 and Supplemental List of Bills in Excess of $5,000 for June,
2010: Based upon the review and
recommendation of the Finance Committee, Alderman DeWitt moved to approve
Warrant 10-06 and the Supplemental List of Bills in Excess of $5,000 for June,
2010. The motion was seconded by Alderman Stebnitz and carried unanimously upon
call of the roll.
R-504 Surplus Property
Resolution for disposal of Old Toro Greens Mower from Delbrook. Alderman
Johnson moved to adopt the Resolution for disposal of the mower. The motion was
seconded by Alderman Siedelmann and carried unanimously.
Consider NAI MLG Commercial proposal for
marketing industrial park properties.
Alderman Johnson moved to approve NAI MLG Commercial proposal for marketing
industrial park properties. The motion was seconded by Alderman Stebnitz. John
Henderson of NAI MLG Commercial noted his proposal is to market industrial park
property. He explained it is an exclusive listing, however the company will
co-broke with any other broker in the country. NAI MLG is actively marketing
the I-43 corridor including industrial property in East Troy, Elkhorn, Clinton,
Darien and Beloit. There is no cost to the City unless there is a sale and then
they are paid a commission.
Upon the recommendation of City Administrator Salitros, Alderman Johnson amended the motion to include the effective term of August 1, 2010 to July 31, 2012. The motion was seconded to Alderman Stebnitz. The amendment carried unanimously. The motion as amended carried unanimously upon call of the roll.
Public Comments: Melinda
Allen, 313 N 6th Street, attended the Town of Delavan meeting about
Shodeen development on the east side of South CTH ‘F’ and that they may be
getting water from the City. John Finley, spoke on fiscal conservatism and felt
that TIF funds makes the City have one of the highest debt per capita rates in
the state. Lauren Pohn, 5th Street, requested that Baker Tilly
actually analyzes Delavan’s cost recovery bills for Lake Lawn and pulls it out
of all of the financial statements.
Alderman Siedelmann suggested that the Water and Sewer Commission and
the Park and Recreation Commissions be included in the standing committees
reports. Steve Cass, 348 Spring Lane, noted that several different school
systems and communities will be meeting tomorrow to discuss fiber and wiring of
public infrastructure. Merlyn Dahl, 403 E Wisconsin Street, expressed concerns
about water and wanted to know what rate people outside of the city would be
receiving. Matt McIntrye, an Alderman in the City of Edgerton, who was visiting
in Delavan, commented on several procedural issues that he felt the Common
Council was doing in an excellent manner.
Suggested Future Agenda Items: None.
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 O’Connor, seconded by Alderman Johnson and
unanimously carried.
Susan Kitzman
City Clerk
These are not official
minutes until approved by the Common Council.