CITY OF DELAVAN COMMON COUNCIL October 9, 2007

CITY OF DELAVAN COMMON COUNCIL October 9, 2007 CALL TO ORDER: Mayor Nieuwenhuis called the regular meeting of the City of Delavan Common Council to order at 6:30 in the Municipal Building Council Chambers. ROLL CALL: The following members were present: Mayor Nieuwenhuis, Aldermen Schroeder, Reddy, C Finley, Johnson, Kilkenny and J Finley. Also Present: City Attorney Koch, Director of Public Works Wendorf, Parks and Recreation Director Malloy, Fire Chief Flood, Police Chief O Neill and City Clerk Kitzman. PLEDGE OF ALLEGIANCE AND INVOCATION: Pastor Keith Harms led the pledge and invocation. APPROVAL OF MINUTES: Alderman C Finley noted a correction in the September 11, 2007 minutes. Alderman Kilkenny moved to approve the minutes of September 11, 2007 as corrected and September 28-29, 2007. The motion was seconded by Alderman J Finley and carried unanimously. PUBLIC COMMENTS: Noreen Joppa Nelson, 122 N 2 nd invited the Council to visit her Delavan Museum that is now open. REPORTS OF STANDING COMMITTEES Finance: Alderman Johnson reported on the meeting of October 8, 2007. Based upon the review and recommendation of the Finance Committee, Alderman Johnson moved to receive the Treasurer s Report and place it on file. The motion was seconded by Alderman Schroeder and carried unanimously. General Operations: Alderman Reddy reported on the meeting of October 2 nd. She noted that many of the items are included in this agenda. Public Works: Alderman Kilkenny reported on the meeting of September 25 th and explained the budgeting requests for the Public Works Department. Town of Delavan Lake Committee: Alderman Kilkenny reported on the meeting which highlighted the history of Delavan Lake. Library Board of Trustees: Alderman C Finley reported on the new equipment that is being installed at the library. She explained the library website has now added legal forms, educational testing and Chilton vehicle manuals back to the 1950 s. R-425 RESOLUTION FOR A LIMITED CONDITIONAL USE PERMIT FOR EXTERIOR AUTO SALES AT BOND S AUTO AT 106 E WALWORTH AVENUE. APPLICANT: STEVE BOND. Mayor Nieuwenhuis opened the public hearing. Steve Bond indicated he would like to maintain his dealership license that was transferred from this same location several years ago. Director of Public Works Wendorf explained the limited conditional use permit that Mr. Bond had in the past has to be reapplied for because he had stopped selling for a few years and therefore the limited conditional use permit lapsed.

There being no parties wishing to speak the public hearing was closed. Alderman J Finley moved to approve the Limited Conditional Use Permit for exterior auto sales at Bond s Auto at 106 E Walworth Avenue with a limit of 5 vehicles for sale at any one time. The motion was seconded by Alderman Johnson and carried unanimously. Resolution number R-425 was assigned. APPLICATION TO REZONE THE NORTHWEST CORNER OF ANN AND HARRISON STREETS FROM MANUFACTURING GENERAL (MG) TO RESIDENTIAL MULTI-FAMILY (RM-12) FOR A 24 UNIT LOW-INCOME HOUSING DEVELOPMENT. APPLICANT: COMMUNITY ACTION. And APPLICATION FOR A STEP 3 APPROVAL FOR A PLANNED INFILL DEVELOPMENT (PID) FOR A 24 UNIT LOW-INCOME HOUSING DEVELOPMENT TO BE LOCATED AT THE NORTHWEST CORNER OF ANN AND HARRISON STREETS. APPLICANT: COMMUNITY ACTION INC.: Mayor Nieuwenhuis opened the public hearing for both the rezone and the Planned Infill Development applications. Director of Public Works Wendorf explained this meets with the City s Master Plan. John Ramstad, Director of Housing for Community Action reviewed the proposal for a 24-unit apartment building with a community room that could be leased for use as a drop-in homeless shelter. He noted that all residents will have background checks and screening for sexual offender registries. They will have a resident manager on site. He added that they would be willing to have a condition that the drop-in shelter could be reviewed by the Council at a future date to reconfirm their continued use. Don Wright, 305 S Terrace, asked if it would be for people of this community or will it be for people of Milwaukee. John Ramstad indicated that the project was intended to take care of the local population but cannot discriminate against people from other communities. When asked, Lisa Furseth indicted the building would cost approximately $1.5 million. Tina Lendman of the Dance Factory, Jeff Cameron, 202 S Harrison St., expressed general concern about the project Siobhan Allen, North Terrace Street, and Melinda Allen, 314 North Sixth Street, spoke in favor of the project. Joe Stadelman, Angus Young & Associates, architect for the proposed project, indicated the first floor of the building would be brick or block construction, the second floor would be vinyl siding with a singled roof and dormers to match the neighboring properties. The entrance would be to the inside of the site and would not be visible from the street. The parking is along the northern side and the commercial side of the site. The building will shield the view of the traffic from the properties along Ann Street. Lisa Furseth, Director of Community Action, explained all the residents will pay rent and will be required to have an income. However the rents must be reasonable for the

residents to be able to afford the homes. She explained there are lots of strings attached including verification of income levels, and they cannot have additional people move in because they will need to include their income. She stated most of the residents will be single persons. The efficiency units are composed of a single room and a bathroom. The facility will have a part-time social worker that will be on site to assist the residents in obtaining more job skills. Sean Blanton, Ann Street, spoke on the use of brownfields grants on this property. Director of Public Works Wendorf noted that this particular property was not included in the EPA brownfield grant, but a Department of Commerce grant which requires that the property be taxed within 5 years and have a development of jobs. Dustin Jenks, Sr. 353 Tyrrell, read a letter from Super 8 in support of Community Action s proposal, and personally spoke in favor of the project. Judy Hay, 317 South Main, spoke in favor of the project. The Pastor from Wayman Chapel, spoke in favor of the project. In response to a question of Camille Siedelmann, 516 Alder Avenue regarding the sizes of the rooms. Lisa Furseth indicated that the efficiency one room, kitchenette and a bathroom would be 280-320 sq. ft. Furseth expressed that this project is not designed to meet the needs of children but would alleviate some of the pressure on the services provided by Twin Oaks. Current zoning for an efficiency apartment is now 500 sq. ft. Julie Zaukus, 1117 E. Wisconsin Street; Sandy Johnson, 924 Center Court; and Pastor Keith Harms, Birchwood Street spoke in favor of the proposal. Dan Koles, 962 E Wisconsin St., asked what will happen to the property value of neighboring properties. Clyde Pence, 324 Bradley Avenue, expressed concern and indicated he was supportive of their mission, but Ann Street was not the right place for this project. Mary Aldridge, an employee of Community Action, noted Delavan has a need for affordable housing, she stated that Community Action has a strong commitment and connection to the community. Father Bill Myrick, 116 S 8 th Street, explained the drop-in homeless shelter is run by volunteers from 7 churches in the area and performs background checks on the residents. He felt it is important to have the facility located in the City as their work is in the City. He added that most do not drive, many ride bikes to work even during the winter. Frank Bunnel, 225 S 6 th Street, expressed concern with concentrating too many units in one area. Pat Benson, 419 E Wisconsin Street, spoke in favor of the project. Dawn Blanton, 914 Edwards Street, expressed concerns about property values and would like to see Delavan Rescue Squad and the Fire Department have space on the land on Ann Street.

Jody Stickney, 1545 Hobbs Drive is an employee of Community Action and manages Twin Oaks Shelter, said she understands the fear, but has never had anything stolen. Ron Tesch, 126 E Walworth Avenue, asked how this site was selected. John Ramstad, indicated they had met with the City and Community Action felt this was the best location. Iris Peterson, 926 Ann Street, was once homeless with 6 children. Bob Slavin, 122 N 5 th Street, asked questions about the units, to which John Ramstad responded that there will be 24 units, and the predominant population will be single men. There will be no controls on it being only men. The maximum occupancy will be two individuals. Gary Wright, 607 South Second Street, questioned a zoning requirement. City Attorney Koch indicated this would not set a legal precedent. Don Wright, 305 S Terrace, asked if a resident of the drop in shelter became unruly, do they go back out on the street, or is law enforcement contacted. Dustin Jenks explained if you leave the property you cannot come back without a police officer. It was noted that any unruly residents would be turned over to the Police. Elizabeth Walsh, a public health nurse, spoke in favor of the project. Alan Buzzell, 353 Tyrrell Court, spoke against the project. Susan Flood, South 8 th Street, asked what is the ratio between privately owned homes and rental property. Julie Zaukus of Community Action responded that there are a lot of apartments in the community, but not necessarily affordable apartments. Lisa Furseth, stated that research was conducted for the Wisconsin Housing and Economic Development Authority several years ago that suggested that values of neighboring properties appreciate with a development like this. Larry Hinkelman, Freemont Street, asked for a guarantee that his property would have the same value after the project is built. Lisa Furseth stated that Community Action will be required to have a market study to confirm there is sufficient demand to build the building. Bill Pelnar, Tilden Avenue, spoke in favor of the project. John Hembrook, 307 S 4 th Street, explained Twin Oaks gives priority to Walworth County residents. 31% of the residents come from Delavan or Darien. He has worked for Community Action for 14 years and feels the agency is top notch. Alderman J Finley read a letter from Merrybell Seeber, 921 Ann Street against the development.

Alderman Schroeder asked about assistance that would be provided at the facility. Mr. Ramstad, responded that the social worker will provide those skills and coordinate services for the residents. Alderman C Finley, noted the property would receive $7,200 in rent in a month but have considerable expenses with a social worker, manager and maintenance. She questioned how the $300/month figure was arrived at and was told that it was just based on what they thought people could afford. Mr. Ramstad agreed and said the facility will have a very limited cash flow. Alderman Johnson, asked about local funding. Ramstad responded that the primary funding will be federal low income housing tax credits through WHEDA (Wisconsin Housing and Economic Development Authority) HOME funds through the U.S. Department of Commerce and the Federal Home Loan Bank in Chicago. Alderman Kilkenny asked if they would agree to pay taxes after 15 years in the development agreement. Lisa Furseth feels there could be an additional deed restriction on the property to require that taxes be paid. Noreen Joppa Nelson, North Second Street, spoke in favor of the project and noted she donates through Methodist Church who is serving the homeless this week. Mayor Nieuwenhuis closed the public hearing at 9:30 and declared a 5 minute recess. Alderman Reddy quoted City Ordinance 24.905, which says that a Conditional Use Permit shall be denied unless the applicant can demonstrate, to the satisfaction of the City, that the proposed Conditional Use will not create undesirable impacts on nearby properties, the environment, nor the community as a whole. She expressed the opinion that she did not feel that the requirements of this ordinance had been met. Alderman Reddy moved to deny the change in the rezone. The motion was seconded by Alderman J Finley. Alderman Kilkenny spoke against the project due to its location. His concerns were that the location is next to two schools and it would make more sense to have housing for women and children rather than the single men as proposed. He noted that Community Action said the typical resident would lack transportation and would be employed in retail, fast food and the hospitality industry, all of which are located on the east side of the City. In addition, Lake Lawn Resort has expressed potential need for dormitory style housing for their employees which could be a good future partnership option for Community Action. Alderman C Finley spoke against the use of greenspace for additional parking. The motion to deny carried with Aldermen Johnson and Schroeder dissenting. Alderman Kilkenny moved to deny the Planned Infill Development. The motion was seconded by Alderman C Finley and carried with Aldermen Schroeder and Johnson dissenting.

CERTIFIED SURVEY MAP OF CITY-OWNED LAND AT THE SOUTHWEST CORNER OF SEVENTH AND WISCONSIN STREETS. APPLICANT: CITY OF DELAVAN Director of Public Works Wendorf explained this is the parking lot at the southwest corner of 7 th and Wisconsin and contains several tax parcels. Alderman Johnson moved to approve the proposed certified survey map for the Wisconsin Street parking lot as prepared by Farris, Hansen & Assoc. Inc identified as Project No. 7389. The motion was seconded by Alderman J Finley and carried unanimously. AGREEMENT FOR WAIVER OF DAMAGES FOR THE STORM SEWER OUTLET PIPE ADJACENT TO I-43 NEAR WAL-MART. APPLICANT: CITY OF DELAVAN: Director of Public Works Wendorf explained the drainage of the pond behind Lowe s isn t working as it was anticipated, and now a pipe is needed to drain the overflow. Even though the overflow pipe will be constructed by the developer outside of the I-43 right-of-way, the Wisconsin Department of Transportation is requesting a Waiver of Damages for the storm sewer outlet pipe in case there is ever need to widen the freeway. The City would need to pay for the cost of moving the pipe if it is ever requested. Alderman J Finley moved to approve the Waiver of Damages with the D.O.T. for the storm sewer outlet pipe adjacent to I-43 near Wal-Mart. The motion was seconded by Alderman C Finley and carried unanimously. EXTRA-TERRITORIAL PLAT REVIEW FOR A CERTIFIED SURVEY MAP FOR PROPERTY LOCATED IN THE TOWN OF DELAVAN OFF DAM ROAD. APPLICANT: RITA YADON TRUST: Director of Public Works Wendorf indicated the Plan Commission had approved the certified survey and the Pedestrian Trail Easement as drafted by the City Attorney. Alderman Johnson moved to replace the proposed restriction on the certified survey with the separate recordable Pedestrian Trail Easement. The motion was seconded by Alderman Kilkenny and carried unanimously. RC-234 ORDINANCE TO AMEND THE MUNICIPAL CODE REGARDING CROSS CONNECTION CONTROL. Utility Director Stebnitz explained this will provide additional protection to the public water supply system from contaminants. Alderman J Finley moved to approve the ordinance amending the Municipal Code regarding Cross Connection Control. The motion was seconded by Alderman Schroeder and carried unanimously. Ordinance number RC-234 was assigned. R-426 RESOLUTION ESTABLISHING SUBSTITUTE JUDGE S COMPENSA- TION: City Clerk Kitzman reviewed the resolution establishing compensation for a substitute judge. The compensation would not exceed $400 for a day and would be allowed only once a year. Alderman J Finley moved to adopt the Resolution Establishing Substitute Judge s Compensation. The motion was seconded by Alderman Johnson and carried unanimously. Resolution number R-426 was assigned. PURCHASE OF COMMAND VEHICLE FOR THE FIRE DEPARTMENT. Chief Flood reported on the used command vehicle that is available from the Village of Lake Delton at a cost of $60,000 and should be available in April of 2008. He added that the

Village of Lake Delton is still considering the purchase of a new vehicle but the purchase may be delayed for one year. Chief Flood asked for an additional $10,000 for minor repairs, installation of radios and painting of the vehicle. Alderman C Finley moved to approve the purchase of the command vehicle at a cost of $60,000 with an additional $10,000 for updates and to put in our offer, that if the vehicle is not available this year we would like to be first in line for purchase next year at a reduced price if our need still exists. The motion was seconded by Alderman Johnson. Alderman Kilkenny moved to amend the motion to authorize a purchase price of up to $75,000 plus $10,000 for repairs. The motion was seconded by Alderman J Finley. The motion on the amendment carried unanimously upon call of the roll. The original motion as amended carried unanimously upon call of the roll. CGI COMMUNITY VIDEOS ON CITY WEBSITE: Alderman J Finley noted the Ad Hoc Communications Committee has recommended the CGI community videos to be placed on the website. The consensus of the Council was to table for additional information. AWARD BID FOR BASKETBALL COURT AT VETERANS PARK: Parks and Recreation Director Malloy reviewed the bid for installing the basketball court in Veterans Park. There is poor soil in the area and therefore a floating concrete slab will need to be added for the installation of the backboard standards. Alderman J Finley moved to approve the bid from B. R. Amon and Sons. The motion was seconded by Alderman Johnson. Alderman C Finley moved to amend the motion to award the bid to B.R. Amon & Sons at a cost not to exceed $27,860, and to seek a donation from the Lions Club for the project. The motion was seconded by Alderman Kilkenny. The motion on the amendment carried upon call of the roll with Alderman Schroeder dissenting. The original motion as amended carried with Alderman Schroeder dissenting. DISCUSSION AND POSSIBLE ACTION REGARDING SMART GROWTH PLANNING PROCESS: City Attorney Koch explained it is up to the City Council to establish public participation plan as part of the process to revise and update the Master Plan under current legislative criteria for Smart Growth. The Plan Commission forwards the recommended plan to the Common Council who must adopt an ordinance for implementation. OPEN MEETINGS AGENDA DISCLAIMER: City Attorney Koch explained he had reviewed former City Attorney Thorpe s disclaimer and agreed with his opinion.when asked, the City Attorney stated that it would be the City who would be fined if there were an Open Meetings Violation, not the individual aldermen. The disclaimer is as follows: A quorum of the members of the City Common council may be present at this meeting to observe, gather information make comments, ask questions, and actively participate in the meeting. If a majority of any such body is present, their presence constitutes a meeting under the open meeting law as interpreted in State ex. rel. Badke v. Greendale Village Board, 173 wis.2d 553 (1993), even though the visiting body will take no formal action at this meeting. This meeting must be noticed appropriately and is intended to comply with the requirements of Badke and the Wisconsin Open Meetings Law. Alderman J Finley moved to strike make comments, ask questions, and actively participate in the meeting. The motion was seconded by Alderman Kilkenny. After much discussion the motion was tied

with Aldermen Schroeder C Finley and Johnson dissenting. Mayor Nieuwenhuis broke the tie by voting no. Alderman C Finley moved to adopt Attorney Koch s disclaimer as follows: A quorum of the members of the City Common Council who are not also Commission Members may be in attendance to gather information and participate in discussion about an issue over which they have decision making ability. This may constitute a meeting of the City Board pursuant to State ex. Rel. Badke v. Greendale Village Board, 173 Wis.2d 553, even though the Common Council will take no formal action at this meeting. This meeting must be noticed appropriately and is intended to comply with the requirement of Badke and the Wisconsin Open Meetings Law. The motion was seconded by Alderman Johnson and carried unanimously. RC-235 ORDINANCE AMENDING SECTION 11-5-5 (D) PARENTAL RESPONSIBILITY FOR MISCONDUCT OF MINORS: Alderman Reddy explained the lack of an available parent effectiveness training program in our area. An ordinance amendment would require parents to find an approved training program in order to have their forfeitures reduced. Alderman J Finley moved to approve the Ordinance amending Section 11-5-5(5) regarding Parent Effectiveness Training. The motion was seconded by Alderman Johnson and carried unanimously. Ordinance number RC-235 was assigned. R-427 RESOLUTION DECLARING SURPLUS PROPERTY: City Clerk Kitzman indicated the golf course has several items that are no longer of use to Delbrook and would like to dispose of them. Alderman J Finley moved to adopt the Resolution Declaring Surplus Property. The motion was seconded by Alderman Schroeder and carried unanimously. Resolution number R-427 was assigned. MAYOR S APPOINTMENT TO BOARD OF APPEALS: Mayor Nieuwenhuis nominated John Karstetter to serve on the Board of Appeals. Alderman J Finley moved to confirm the appointment of John Karstetter to the Board of Appeals. The motion was seconded by Alderman C Finley and carried unanimously. APPROVAL OF BILLS: Alderman Johnson moved to approve Warrant 07-09 and Supplemental List of Bills in Excess of $5,000 for September, 2007. The motion was seconded by Alderman Schroeder and carried unanimously upon call of the roll. SUGGESTED FUTURE AGENDA ITEMS: Alderman J Finley asked for a discussion and possible action on replacing the thermostat in this room, Director of Public Works Wendorf indicated he would look into the problem. Alderman Kilkenny asked for a policy on the televising of council meetings and other meetings. RECESS TO CLOSED SESSION pursuant to Wis. 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. Re: Offer to Purchase Property for the extension of Elmhurst Avenue. Alderman C Finley moved to recess to closed session at 11:37 p.m. The motion was seconded by Alderman Johnson and carried unanimously.

Mayor Nieuwenhuis asked for a 10 minute recess. RECONVENE TO OPEN SESSION with possible announcement of determination made in closed session. Alderman Johnson moved to reconvene to open session at 11:52 p.m. The motion was seconded by Alderman J Finley and carried unanimously. ADJOURN: There being no further business to come before the Common Council, the meeting adjourned at 11:53 p.m. upon a motion by Alderman C Finley, seconded by Alderman Johnson and unanimously carried. Susan Kitzman City Clerk