Monday, August 6, 2012 Page 1 of 7 CITY OF DELAFIELD COMMON COUNCIL MINUTES. Absent

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1 Page 1 of 7 Call Common Council Meeting to Order Mayor McAleer called the meeting to order at Pledge of Allegiance The Pledge of Allegiance was recited. Roll Call for the Common Council meeting: Present Absent Ed McAleer, Mayor Lynn Morrison, Ald. Jeff Krickhahn, Ald. Jim Behrend, Ald. Jane Lazynski, Ald. Michele DeYoe, Ald. Gerald MacDougall, Ald. Tim Aicher, Ald. Tom Hafner, Interim Administrator / Public Works Director Gina C. Gresch, Clerk-Treasurer Motion to convene into Closed Session per 19.85(1)(e) deliberating or negotiating the purchase 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 bargaining for a new Police Union Contract. T. AICHER MOVED TO CONVENE INTO CLOSED SESSION PER 19.85(1)(E) DELIBERATING OR NEGOTIATING THE PURCHASE 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 BARGAINING FOR A NEW POLICE UNION CONTRACT. J. KRICKKAN 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. LAZYNSKI YES M. DEYOE YES G. MACDOUGALL YES T. AICHER YES Common Council convened into Closed Session at 7:01 p.m. Motion to re-convene into Open Session. G. MACDOUGALL MOVED TO RE-CONVENE INTO OPEN SESSION. J. KRICKHAHN 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. LAZYNSKI YES M. DEYOE YES G. MACDOUGALL YES T. AICHER YES

2 Page 2 of 7 SPECIAL ORDER OF BUSINESS: a. Presentation of Mass Casualty Incident Training held April 21, Fire Chief Jack Edwards and Captain Brad Bowen of the Lake Country Fire & Rescue Department, Chief Scott Taubel and Lt. Erik Kehl of the City of Delafield Police Department gave a presentation on the Mass Casualty Incident Training that was held April 21, 2012 at St. John's Northwestern Military Academy. B. Bowen and E. Kehl took turns giving the presentation S. Taubel and J. Edwards both praised their departments and stated they are very proud of how well everyone did. Both stated everyone knew there would be a training session but they had no idea what it would be like. Many of them said as soon as they saw the kids in the gym it felt very real to them. J. Krickhahn asked Chief Edwards to explain the role the Lake Country Fire & Rescue Department played in the Oconomowoc fire last month. J. Edwards stated the fire started Sunday afternoon and the Lake Country Fire & Rescue Department is a part of the MABAS response so they were one of the first departments called. When they arrived there were people in the building, and when they entered the building there was zero visibility which caused confusion which resulted in the crew being separated from the victim. There is also a specially trained team designed to help rescue injured firefighters which they had to do that day. This special team, which includes two members of the Lake Country Fire & Rescue Department, received a mayday and had to go in and rescue a member of the Oconomowoc Fire Department. They found him using thermal imaging cameras and got him out probably within a minute of him losing his life. The Lake Country Fire & Rescue Department was using 6,000 gallons of water per minute. That area of Oconomowoc is very old and if one of the buildings goes up in flames it s possible to lose the whole block, which has structural integrity issues to begin with. After the fire was under control they were able to find the person that fell victim to the fire. The fire started around 1pm and was out around 9pm. There were many times the fire departments felt as though they were going to lose that block of the downtown. b. Discussion and action on items discussed in Closed Session. E. McAleer stated he would like to put together a negotiating committee with the Police Chief, Administrator and Alderpersons DeYoe and Behrend. G. MACDOUGALL MOVED TO APPOINT THE POLICE CHIEF, ADMINISTRATOR AND ALDERPERSONS DEYOE AND BEHREND TO THE POLICE DEPARTMENT UNION CONTRACT NEGOTIATING COMMITTEE. T. AICHER SECONDED THE MOTION. THERE WAS NO FURTHER DISCUSSION. ALL WERE IN FAVOR. MOTION CARRIED. 1. Approve minutes of July 2, 2012 Common Council meeting. M. DEYOE MOVED TO APPROVE THE JULY 2, 2012 COMMON COUNCIL MEETING MINUTES AS PRESENTED. J. BEHREND SECONDED THE MOTION. THERE WAS NO FURTHER DISCUSSION. ALL WERE IN FAVOR. MOTION CARRIED. 2. City of Delafield Citizen's Comments for items not on the agenda. City of Delafield Citizen's Comments for items on the agenda. M. DEYOE MOVED TO CLOSE CITIZEN S COMMENTS AT 8:44 P.M. J. KRICKHAHN SECONDED THE MOTION. THERE WAS NO FURTHER DISCUSSION. ALL WERE IN FAVOR. MOTION CARRIED.

3 Page 3 of 7 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. 3. Consent Agenda a. Resolution , Resolution Establishing The Library Levy T. AICHER MOVED TO APPROVE THE ITEM(S) ON THE CONSENT AGENDA. J. KRICKHAHN SECONDED THE MOTION. THERE WAS NO FURTHER DISCUSSION. ALL WERE IN FAVOR. MOTION CARRIED. 4. Committee Reports - Report on discussion and action taken at previous meetings, future agenda items and upcoming scheduled meetings. a. Licenses 1. Approved and Issued Operator s Licenses G. Gresch stated there were 21 Operator s Licenses issued since the last Common Council meeting. Please note that all of the committee and commission minutes are on the City s website. Items/events that were not discussed at the committee meeting or have taken place since the last meeting will be reported below. b. Plan Commission (Minutes of July 25, 2012) 1. Discussion and action on recommendation from Plan Commission to approve the Certified Survey Map to divide 76 acres north of the Bark River from the 141 acre Walcott Farm for DELC , Hwy 83, Hartland. Owner: Bark River Farm LLC, Pam Krainik, Managing Member. Applicant: CELA Holdings, LLC, c/o Siepmann Realty Corp. M. DEYOE MOVED TO APPROVE THE RECOMMENDATION FROM PLAN COMMISSION TO APPROVE THE CERTIFIED SURVEY MAP TO DIVIDE 76 ACRES NORTH OF THE BARK RIVER FROM THE 141 ACRE WALCOTT FARM FOR DELC , HWY 83, HARTLAND. OWNER: BARK RIVER FARM LLC, PAM KRAINIK, MANAGING MEMBER. APPLICANT: CELA HOLDINGS, LLC, C/O SIEPMANN REALTY CORP. J. BEHREND SECONDED THE MOTION. THERE WAS NO FURTHER DISCUSSION. ALL WERE IN FAVOR. MOTION CARRIED. c. Lake Welfare Committee d. Park and Recreation Commission (Minutes of July 23, 2012) e. Public Works Committee (Minutes of August 1, 2012) f. Del-Hart Commission (Minutes of July 17, 2012) g. Police Commission h. Library Board (Minutes of July 10, 2012) i. Board of Zoning (Minutes of July 26, 2012) j. Promotional and Tourism Committee (Minutes of July 10, 2012) k. Lake Country Fire Board (Minutes of June 14, 2012 & June Stats) 1. Correspondence from Fire Board regarding calls Fire Department staff was involved in. J. Krickhahn stated the Pink Heals Tour s goal is to raise cancer awareness. The event is August 27 and will go all day starting with a motorcycle parade with the state troopers leading it. There will be an opening ceremony from Noon to 1pm. There will be live music, a kid s agility course, restaurant specials, Locks For Love, a sports tournament, silent auction and much more. For more information visit There are also T-shirts for sale for $20.

4 Page 4 of 7 l. Joint Review Board (Minutes of July 9, 2012) m. Board of Review (Minutes of June 26, 28 & July 9, 2012) 5. Unfinished Business a. LOMR Update None. b. Discussion of draft Ordinance 669, Repeal & Recreate Sections 12.01(4) and Licensing and Regulating of Animals and direct changes to the City Attorney. G. MacDougall stated no matter what the Common Council adopts this ordinance will always be a work in progress. The draft ordinance calls for posting signs that dogs should be leashed, do we really want to do that? M. DeYoe stated there is confusing language on page nine regarding riding horses. She doesn t understand it and it should be clarified. G. MacDougall stated there is a section that refers to horses and he believes the Plan Commission is discussing horses right now. M. DeYoe stated that is correct so it should be worked on together. T. Aicher asked if the Common Council can pass the ordinance without the references to horses and add them in later once Plan Commission comes to a resolution. M. DeYoe stated we can probably do that but we should wait until Plan Commission makes a decision. G. MacDougall stated the Common Council can t think of everything that could come up and this affects a large portion of the City since it deals with pets. He stated he would like comments from residents on what they think about this. E. McAleer stated one of the big changes is the draft ordinance states if someone wants three or more dogs they need a public hearing and a new permit called a Fancier Permit. Currently you can have three dogs without the public hearing and permit and wants to keep it that way. G. Gresch stated that could be a change from Attorney Hammes only because he didn t know which option the Common Council wanted. It might be beneficial if he attended the next meeting to field the Common Council s questions and concerns. T. Aicher stated one of the elements in the draft ordinance that needs to be adopted soon is the section on vicious dogs. The City doesn t have anything in the ordinances regarding that and there have been some issues. c. Discussion and action on the following items related to the Delafield Woods Development and TID No. 4: 1. Amendment to the Developer s Agreement for Delafield Woods allowing an early start to constructing the apartment buildings. FROM T. HAFNER S MEMO: Enclosed in the packets for the Common Council s consideration and action is an amendment to the Developer s Agreement for the Delafield Woods Project. It came to light last week that a provision that had previously been incorporated into the agreement and approved by the Plan Commission in May 2011 had been inadvertently omitted from the final agreement that was approved by the Common Council. The provision would allow for the developer to obtain building permits for the apartment buildings once the gravel base course for the roads is in place and emergency access is maintained to the site. Without this provision building permits cannot be issued until the curb & gutter and first lift of asphalt is installed for the roads. The early start provision, if approved, would only apply to the apartment buildings and not the single family homes. I do not see a problem with the early start provision and am recommending that the Council approve the proposed amendment to the Developer s Agreement. M. DEYOE MOVED TO APPROVE THE AMENDMENT TO THE DEVELOPER S AGREEMENT FOR DELAFIELD WOODS ALLOWING AN EARLY START TO CONSTRUCTING THE APARTMENT BUILDINGS. J. KRICKHAHN SECONDED THE MOTION. THERE WAS NO FURTHER DISCUSSION. ALL WERE IN FAVOR. MOTION CARRIED.

5 Page 5 of 7 6. Mayor s Report 7. New Business 2. Resolution , a Resolution Specifying the Purposes and the Maximum Amount of a Bank Qualified Promissory Note to Fund the TIF Eligible Expenses identified in the City of Delafield, Wisconsin Project Plan for the Creation of Tax Incremental District No. 4. FROM M. WILLIAMS MEMO: M. Williams stated at the June 18, 2012 meeting, the Common Council approved the updated developer s agreement for Delafield Woods, which included the TID financing. Requests for bids for a $970, year General Obligation Promissory Note to be issued August 21, 2012 were sent to the following lenders with these results: Chase Bank No response; First Business Bank Declined to bid; Town Bank 3.24% fixed; U.S. Bank Declined to bid; Waukesha State Bank 2.50% fixed, plus $700 origination fee. I recommend the City finance the TID project with Waukesha State Bank. The total savings between the 3.24% from Town Bank and the 2.50% from Waukesha State Bank (including the $700 origination fee) is $56,576 over the 10-year life of the loan. Attached is a resolution to accept the bid from Waukesha State Bank. The note resolution and other legal documents pertaining to this loan will be drafted by Quarles & Brady upon Council approval of this bid. Because the closing date of the loan is scheduled for August 21, 2012, it is possible that a special Council meeting may need to be scheduled prior to that date for formal approval of the Note. Todd Taves from Ehlers presented and explained the bid as it was explained in the memo in the packet. E. McAleer asked how much the lower rate will save the City T. Taves stated the lower interest rate will save about $193,000 in interest which will be enough of a cash flow to possibly close the TIF district perhaps a year earlier. J. BEHREND MOVED TO ADOPT RESOLUTION , A RESOLUTION SPECIFYING THE PURPOSES AND THE MAXIMUM AMOUNT OF A BANK QUALIFIED PROMISSORY NOTE TO FUND THE TIF ELIGIBLE EXPENSES IDENTIFIED IN THE CITY OF DELAFIELD, WISCONSIN PROJECT PLAN FOR THE CREATION OF TAX INCREMENTAL DISTRICT NO. 4. J. LAZYNSKI SECONDED THE MOTION. THERE WAS NO FURTHER DISCUSSION. ALL WERE IN FAVOR. MOTION CARRIED. E. McAleer asked if the Common Council will need to hold a special meeting. M. Williams stated Waukesha State Bank will review the resolution adopted tonight with their attorney. If their attorney is satisfied with the resolution another meeting will not be needed. If they require any changes then it will have to come back to the Common Council for adoption. 3. Discussion and action on proposal from Yaggy Colby for the design and construction administration services for the Wells Street Bike Path Extension Project included as part of the Project Plan for TID No 4. J. BEHREND MOVED TO APPROVE THE PROPOSAL FROM YAGGY COLBY FOR THE DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE WELLS STREET BIKE PATH EXTENSION PROJECT INCLUDED AS PART OF THE PROJECT PLAN FOR TID NO 4. T. AICHER SECONDED THE MOTION. THERE WAS NO FURTHER DISCUSSION. ALL WERE IN FAVOR. MOTION CARRIED.

6 Page 6 of 7 8. Report of City Officials a. Interim Administrator/Public Works Director 1. Special Brush Collection Update T. Hafner stated last week s storm really hit the Delafield area hard and it is amazing how isolated the damage is. He knew it would be a lot of work to clean up the damage but it has proven to be bigger challenge. He thinks the majority of the pickup will be done by the end of this week. The Common Council members thanked the Public Works Department for doing another pickup. 2. Library Garden Project Update T. Hafner stated the contractor has been back on the job and the project is progressing nicely. He expects it to be complete by the end of August. 3. Development Project Updates - Delafield Woods and Main Street Commons T. Hafner stated it is exciting to have two developments starting construction within a week of each other, especially in this economy. The Main Street Commons project has paid all of their fees and is anxious to start, however the developer is looking at changing the name of the development. b Clerk-Treasurer 1. Ordinance and Resolution Update G. Gresch stated Ordinance 669 regarding animals is still outstanding and all other resolutions have been adopted. 2. Excessive Assessment Claims Update G. Gresch stated she requested a status update from Statewide Services on all of the outstanding excessive assessment claims against the City. The letter is in the packet for their review. 3. Possible election fraud investigation response from Waukesha County District Attorney. G. Gresch stated she received a letter from Waukesha County District Attorney Brad Schimel regarding the possible election fraud related to absentee ballots for the last election. After much investigation by the District Attorney s office it appears as though no fraud was committed. She stated she was also shocked that everyone the DA s office interviewed stated they had no idea that they were signing a form requesting an absentee ballot. She stated especially with elections and the scrutiny Waukesha County is under, people need to be more aware of these things and to not sign anything if they don t know what it is. People that are going door to door selling something are required to have a Peddler s Permit. If you find someone at your door that is selling something, ask for their ID and their permit. If they don t provide it please call the Police Department and the Clerk s Office. She stated she will draft a public service announcement about this. She also reported the election is next week Tuesday, August 14, Polls open at 7am and close at 8pm at Christ the King Lutheran Church. Residents can register to vote and vote absentee in the Clerk s Office until 5pm, Friday, August 10, c. Council requests for future agenda items - NO DISCUSSION OF REQUESTED ITEMS.

7 Page 7 of 7 9. Financial Report a. Discussion and action to approve the Voucher List G. MACDOUGALL MOVED TO APPROVE THE VOUCHER LIST AS PRESENTED. J. BEHREND SECONDED THE MOTION. THERE WAS NO FURTHER DISCUSSION. ALL WERE IN FAVOR. MOTION CARRIED. b. Discussion and action to approve June Treasurer s Report M. DEYOE MOVED TO APPROVE THE TREASURER S REPORT AS PRESENTED. T. AICHER SECONDED THE MOTION. THERE WAS NO FURTHER DISCUSSION. ALL WERE IN FAVOR. MOTION CARRIED. 10. Correspondence a. Waukesha County Recycling Statistics b. Waukesha County Technical College Budget c. Shoreland & Floodland Newsletter d. Chamber of Commerce 5K Run/Walk Donation to City Park Fund. 11. Adjournment M. DEYOE MOVED TO ADJOURN THE MONDAY, AUGUST 6, 2012 COMMON COUNCIL MEETING AT 9:38 P.M. J. BEHREND SECONDED THE MOTION. THERE WAS NO FURTHER DISCUSSION. ALL WERE IN FAVOR. MOTION CARRIED. Minutes Prepared By: Gina C. Gresch, MMC/WCPC City of Delafield Clerk-Treasurer Waukesha County