Monday, March 16, 2015 Page 1 of 7 CITY OF DELAFIELD COMMON COUNCIL MINUTES. UAbsent

Transcription

1 Page 1 of 7 Call Common Council Meeting to Order Mayor DeYoe called the meeting to order at. Pledge of Allegiance The Pledge of Allegiance was recited. Roll Call for the Monday, March 16, 2015 Common Council meeting: UPresentU Michele DeYoe, Mayor Jeff Krickhahn, Ald. Jim Behrend, Ald. Jackie Valde, Ald. Chris Smith, Ald. Gerald MacDougall, Ald. Al Zietlow, Ald. Tim Aicher, Ald. Tom Hafner, Administrator / Public Works Director Gina C. Gresch, Clerk-Treasurer UAbsent Announcement of Closed Session. Motion to convene into Closed Session pursuant to Wisconsin State Statute 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, more specifically to discuss the terms of making an offer to purchase the property at 826 Genesee Street; and Wisconsin State Statute 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, more specifically to discuss Reinders Certified Survey Map Claim. C. SMITH MOVED TO CONVENE INTO CLOSED SESSION PURSUANT TO WISCONSIN STATE STATUTE 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, MORE SPECIFICALLY TO DISCUSS THE TERMS OF MAKING AN OFFER TO PURCHASE THE PROPERTY AT 826 GENESEE STREET; AND WISCONSIN STATE STATUTE 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, MORE SPECIFICALLY TO DISCUSS REINDERS CERTIFIED SURVEY MAP CLAIM. J. VALDE SECONDED THE MOTION. THERE WAS NO FURTHER DISCUSSION. ALL WERE IN FAVOR. MOTION CARRIED BY ROLL CALL VOTE. ROLL CALL VOTE: J. KRICKHAHN YES J. BEHREND YES J. VALDE YES C. SMITH YES G. MACDOUGALL YES A. ZIETLOW YES T. AICHER YES Common Council convened into Closed Session at 6:34 PM. Motion to re-convene into Open Session.

2 Page 2 of 7 J. VALDE MOVED TO RECONVENE INTO OPEN SESSION. J. BEHREND SECONDED THE MOTION. THERE WAS NO FURTHER DISCUSSION. ALL WERE IN FAVOR. MOTION CARRIED BY ROLL CALL VOTE. ROLL CALL VOTE: J. KRICKHAHN YES J. BEHREND YES J. VALDE YES C. SMITH YES G. MACDOUGALL YES A. ZIETLOW YES T. AICHER YES 1. City of Delafield Citizen's Comments. Phil Schuman, 1717 Nagawicka Road, stated he has a typical lake lot with a 400 foot long driveway. He would like to continue up-the-drive garbage pickup for his and his neighbor s health and welfare. If there s an option to pay extra for it he s open to that but would prefer it to not be a special charge. Monique Henry, 2804 Burries Road, spoke about garbage pickup and passed around pictures of the new, full garbage carts in Hartland. There isn t another option with automated pickup; if it isn t in the cart, it won t be picked up. It is a fallacy that recycling will only increase if the bins are bigger. Currently, the garbage company takes whatever she puts out there for garbage and recycling. With regard to the survey, a couple of the survey questions felt like they were like trick interview questions. Half of the responses to the survey are against this change. One of the reasons why Delafield is great to live in is you never know when garbage day is because of the up-the-drive service. Nothing in Delafield is cheap, but we aren t about the cheapest here. The difference is more than $1 per week for the up-the-drive service. It s part of what makes Delafield so nice. There is no way to lock or secure the new bins to secure them from the animals. Also the garbage men won t get out of their trucks to pick up anything outside of the cart. Ann Lestina, Jazzercise Owner at 440 Wells Street, spoke about her claim regarding sewer backup damage which is requiring the entire floor to be replaced. A new floor will cost between $8,200 and $9,400. Her business is hurting because her customers won t come back until the floor is replaced. She is worried that this could happen again; she is looking into a waterproof floor. She does have renter s insurance; however, she doesn t have a bathroom downstairs or drainage in the floor. The landlord said he hasn t had any issues with a sewer backup in his buildings. She has since added sewer backup insurance to her policy. She wants to know if this could happen again and what kind of investigation was completed. She finds it ironic a blockage occurred where a new apartment complex is being constructed across the street. Something failed in the system and no one knows what caused it. This situation caused a hardship for her small business, and she is asking for special consideration if at all possible. Bob Borkowski, 4521 Vettelson Road, and spoke for Bill Restock of 4527 Vettelson Road. He read Restock s statement which is attached to the minutes. He then spoke about the Village Square Settlement Agreement on his own accord. He agrees with Mr. Restock s statement and reviewed a list of items he doesn t agree with, which includes: The land to the east (which should never be built on) has a building proposed on it and screening with berms and trees will never be tall enough to block his view since his house is on higher ground than Village Square. The proposal doesn t follow the Master Plan. The access easement should be moved to the north; lighting; noise; hours of operation; and litter from a drive-through. Also, there will be more snow removal operations. With regard to the garbage collection issue on the agenda, he has a 100 foot driveway and doesn t want to take it to the curb. He doesn t want someone to come and empty trash cans in the middle of the night if they are at the roadside. Judy Hanson, 4533 Vettelson Road, agrees with the lady who spoke earlier in public comments. The garbage company picks up everything now but won t if new containers are used. She is not sure if the

3 Page 3 of 7 garbage survey results are a good cross-section since many people might not have known it was in the newsletter. There were no objections from the Common Council; therefore, Citizen s Comments were closed. 2. Consent Agenda - Items listed under the Consent Agenda are considered in one motion unless a Common Council Member requests that an item be removed from the Consent Agenda. a. March 2, 2015 Common Council minutes b. Approved and Issued Operator s Licenses c. February 2015 Treasurer s Report. d. Disallowance of claim by Delafield Jazzercise Ann Lestina, Owner - asserting damage due to sewer backup at 440 Wells Street. There were no objections from the Common Council; therefore, the Consent Agenda items A, B and C were approved. Item D was removed for discussion. Common Council members discussed the backup, how it is an unfortunate situation, but the City is not liable and should disallow the claim. Common Council members suggested the renter contact the landlord and inquire if he has sewer backup insurance on his properties. The Public Works Department investigated the clog as soon as they were notified about it. The manhole at Dopkins/Wells Streets was full and the manhole at Dopkins/Main Streets was clear. Public Works jetted the sewer line, found an obstruction, but there was so much water pressure, they couldn t get a view of the obstruction. The sewer line was also videotaped and excessive grease buildup was found. The City is working with the Building Inspector to check the restaurants grease traps. Del-Hart is also educating those businesses which produce grease. This is a private property issue between a landlord and renter, and the City should not intervene. Laws regarding this issue have been established; the City has and follows a maintenance plan. The laws indicate that the municipally is not liable in a situation like this. C. SMITH MOVED TO DISALLOW THE CLAIM BY DELAFIELD JAZZERCISE ANN LESTINA, OWNER - ASSERTING DAMAGE DUE TO SEWER BACKUP AT 440 WELLS STREET. G. MACDOUGALL SECONDED THE MOTION. THERE WAS NO FURTHER DISCUSSION. MOTION CARRIED WITH ONE NAY BY J. VALDE. 3. Committee Reports - Report on discussion and action taken at previous meetings, future agenda items and upcoming scheduled meetings. a. Licenses 1. Discussion and action on request from Whitney Proebsting of Rustic Manor for a 30 day extension from City of Delafield Municipal Code Sections 12.03(5)(L)(3), Intoxicating Liquor, Fermented Malt Beverages and Wine Commencing Business, related to the 60 day time limit to commence business from the granting of said liquor license, from Sunday Thursday, April 2, 2015 to Friday, May 1, 2015.

4 Page 4 of 7 J. BEHREND MOVED TO APPROVE THE REQUEST FROM WHITNEY PROEBSTING OF RUSTIC MANOR FOR A 30 DAY EXTENSION FROM CITY OF DELAFIELD MUNICIPAL CODE SECTIONS 12.03(5)(L)(3), INTOXICATING LIQUOR, FERMENTED MALT BEVERAGES AND WINE COMMENCING BUSINESS, RELATED TO THE 60 DAY TIME LIMIT TO COMMENCE BUSINESS FROM THE GRANTING OF SAID LIQUOR LICENSE, FROM SUNDAY THURSDAY, APRIL 2, 2015 TO FRIDAY, MAY 1, A. ZIETLOW SECONDED THE MOTION. THERE WAS NO FURTHER DISCUSSION. ALL WERE IN FAVOR. MOTION CARRIED. b. Plan Commission c. Lake Welfare Committee Minutes of March 11, 2015 d. Park and Recreation Commission e. Public Works Committee Minutes of March 4, Discussion and action on recommendation from Public Works Committee to award the construction contract for the City of Delafield 2015 Street Improvement Program to Wolf Paving Company in the amount of $583, C. SMITH MOVED TO APPROVE THE RECOMMENDATION FROM PUBLIC WORKS COMMITTEE TO AWARD THE CONSTRUCTION CONTRACT FOR THE CITY OF DELAFIELD 2015 STREET IMPROVEMENT PROGRAM TO WOLF PAVING COMPANY IN THE AMOUNT OF $583, J. BEHREND SECONDED THE MOTION. THERE WAS NO FURTHER DISCUSSION. ALL WERE IN FAVOR. MOTION CARRIED. 2. Discussion and action on recommendation from Public Works Committee to award the construction contract for the City of Delafield 2015 Grading Improvement Program to Western Contractors, Inc., in the amount of $234, C. SMITH MOVED TO APPROVE THE RECOMMENDATION FROM PUBLIC WORKS COMMITTEE TO AWARD THE CONSTRUCTION CONTRACT FOR THE CITY OF DELAFIELD 2015 GRADING IMPROVEMENT PROGRAM TO WESTERN CONTRACTORS, INC., IN THE AMOUNT OF $234, T. AICHER SECONDED THE MOTION. THERE WAS NO FURTHER DISCUSSION. ALL WERE IN FAVOR. MOTION CARRIED. f. Del-Hart Commission g. Police Commission h. Library Board i. Board of Zoning j. Promotional and Tourism Committee Minutes of March 10, 2015 k. Lake Country Fire Commission l. Lake Country Fire Board October 2014 January 2015 Minutes m. CTH C Streetscape Design Committee 4. Unfinished Business a. Discussion and direction to staff regarding revisions to the proposed amendments to the Village Square Settlement and Development Agreements. City Planner Roger Duper reviewed the proposed modifications from both the property owner and City to the Settlement and Developers Agreements. At this time, there hasn t been any response from the property owner with revised documents. Common Council members discussed various proposed modifications such as the definition of fast food, for which there isn t a clear definition. Also discussed was a possible business which utilizes a drive-through. The neighboring property owners aren t in favor of this change, but it is a concession they are willing to make as long as the speakers and window face north like the bank s does.

5 Page 5 of 7 Other items of concern are the size and intensity of this development adjacent to residential properties, banked parking and the overall square footage of the development and individual units. If the property owner wants consideration today, then approvals/denials should be based on the documents which exist today. The City did suggest to the property owners that they wait for the new settlement agreement to be approved until moving forward with the Plan Commission. 5. Mayor s Report a. Discussion and action to accept the 2015 Arbor Day Proclamation. C. SMITH MOVED TO ACCEPT THE 2015 ARBOR DAY PROCLAMATION. J. BEHREND SECONDED THE MOTION. THERE WAS NO FURTHER DISCUSSION. ALL WERE IN FAVOR. MOTION CARRIED. M. DeYoe stated it is that time of year with elections, and that means she is considering committee appointments. Anyone interested in serving on a committee should submit an application. The Cushing Memorial Day event planning is still underway. The Medal of Honor and remaining family members will be present at the celebration as well as a Brigadier General, a Bugler and color guard. The event will soon have its own website as well. 6. New Business a. Discussion of garbage collection survey results. Common Council members discussed the survey results, and some commented they are inconclusive. People who wish to continue their level of service are more passionate with their comments than those who didn t mind switching. Common Council members made the following conclusions: 220 responses is about 3%, which is standard for mailed out surveys, but it still seems a little low. One side didn t win over the other. They asked for honest input and received it. Up-the-drive service is a way of Delafield and it gives people a sense of pride when living here. Answers to Question #4 directed the Common Council to find a way to balance costs and services. Administrator Hafner is making significant progress in negotiations and is receiving a better price than what the Common Council has been presented with so far. If the Common Council wishes to continue with up-the-drive service, a new contract could be ready in two to four weeks. The contractor has offered advantages to signing a new seven year contract within the next couple of months. Common Council members do not want to see the garbage contract costs drive the budget process. Common Council members discussed how to increase recycling, which would in turn increase recycling revenues. The City s is at a 16% recycling capacity where other municipalities are at a 30% recycling capacity. The Clerk will post information in the usual media posting places regarding the new single-stream recycling methods. The Common Council gave the Administrator direction to continue with up-the-drive service.

6 Page 6 of 7 b. Discussion and action to approve the Recycling Agreement with Waukesha County to provide financial support for municipal recycling collection contracts, including financial support for the cost of new recycling containers and financial support to transport recyclables to Milwaukee instead of Waukesha. Items B and C are related but need separate actions. The Waukesha collection facility is no longer operational so all items must be delivered to Milwaukee, creating a slight increase in costs which needs to be amended in the current contract. Also, Waukesha County will provide financial support to pay for the majority of this cost and the new containers we will eventually receive. If the City enters into a new contract in the next couple months, Advanced Disposal will reduce the price per recycling container by 5 cents per container. J. VALDE MOVED TO APPROVE THE RECYCLING AGREEMENT WITH WAUKESHA COUNTY TO PROVIDE FINANCIAL SUPPORT FOR MUNICIPAL RECYCLING COLLECTION CONTRACTS, INCLUDING FINANCIAL SUPPORT FOR THE COST OF NEW RECYCLING CONTAINERS AND FINANCIAL SUPPORT TO TRANSPORT RECYCLABLES TO MILWAUKEE INSTEAD OF WAUKESHA. J. KRICKHAHN SECONDED THE MOTION. THERE WAS NO FURTHER DISCUSSION. ALL WERE IN FAVOR. MOTION CARRIED. c. Discussion and action to approve an addendum to the City s current Solid Waste and Recyclables Collection and Disposal Contract with Advanced Disposal to address the additional cost to haul recyclable materials to Milwaukee instead of Waukesha. C. SMITH MOVED TO APPROVE AN ADDENDUM TO THE CITY S CURRENT SOLID WASTE AND RECYCLABLES COLLECTION AND DISPOSAL CONTRACT WITH ADVANCED DISPOSAL TO ADDRESS THE ADDITIONAL COST TO HAUL RECYCLABLE MATERIALS TO MILWAUKEE INSTEAD OF WAUKESHA. J. KRICKHAHN SECONDED THE MOTION. THERE WAS NO FURTHER DISCUSSION. ALL WERE IN FAVOR. MOTION CARRIED. 7. Report of City Officials a. Administrator b Clerk-Treasurer 1. Discussion and action on Voucher List J. KRICKHAHN MOVED TO APPROVE THE VOUCHER LIST. J. VALDE SECONDED THE MOTION. THERE WAS NO FURTHER DISCUSSION. ALL WERE IN FAVOR. MOTION CARRIED. 2. Election Update Ballots arrived Friday and those with absentee ballot requests on file were sent their absentee ballot Friday afternoon. In-Person voting begins March Board of Review training and related law changes.

7 Page 7 of 7 c. Council requests for future agenda items - No Discussion of Requested Items. Reinders CSM Claim Closed Session. 8. Correspondence a. Letter from Matt & Tracey Jones supporting CTH C bridge project. b. Letter from Assessor Magnan regarding proposed county assessment system. c. Summary of Governor Walker s State Budget Impact on Municipalities. 9. Adjournment There was no further business; therefore, the Monday, March 16, 2015 Common Council meeting adjourned at 9:38 PM. Minutes Prepared By: Gina C. Gresch, MMC/WCPC City of Delafield Clerk-Treasurer Waukesha County

8

9

10