MINUTES
VILLAGE OF DEERFIELD
FOR A MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF DEERFIELD TO BE HELD AT THE DEERFIELD VILLAGE HALL, 4 N. MAIN STREET, DEERFIELD, WISCONSIN ON MONDAY, MAY 14, 2007 AT 7:00 P.M.
I. CALL TO ORDER – NOTING OF ROLL BY CLERK
President Mathews called the meeting to order at 7:00 pm. Present: Frutiger, Haag, Kiefer, Mathews, Schreiber, Searle and Wilkinson.
Also present: Attorney Greg Murray, Don Kositzke, Ken Maley from Vierbicher, Walt Olson, Kevin Nelson, Jeff Quamme, Dave Dinkel and Scott Tebon.
II. CONSENT AGENDA
A. APPROVAL OF MINUTES: APRIL 23, 2007
Motion by Wilkinson, second by Searle to approve the minutes from April 23, 2007 as corrected. Motion carried.
B. APPROVAL OF VOUCHERS
Motion by Mathews, second by Kiefer to authorize payment of check #40495 - #40555 in the amount of $75,147.74. Motion carried.
C. COMMITTEE REPORTS
1. FIRE DEPARTMENT (S. MACK) No report made.
2. PLANNING COMMISSION & ECONOMIC DEVELOPMENT COMMITTEE 5/02/07
3. FIRE COMMISSION 5/1/01
4. FINANCE COMMITTEE 4/14/07 VERBAL
5. CABLE 5/9/07 & 4/25/07
6. EMS 4/19/07 - Frutiger stated that a joint meeting of the four governing boards is going to be needed and ask for available dates. It was the consensus of the board that June 26th and 27th are available dates.
7. LIBRARY BOARD 4/20/07
8. JOINT POLICE COMMITTEE 5/8/07
9. POLICE DEPARTMENT REPORT FOR APRIL 2007
III. PUBLIC APPEARANCES
A. PUBLIC HEARING: VILLAGE OF DEERFIELD, DANE COUNTY COMPREHENSIVE PLAN ORDINANCE
Mathews opened the Public Hearing and asked Ken Maley of Vierbicher to explain the changes to the Comprehensive plan. Maley stated the following changes were made:
1) In the plan there is a new land use classification called mix-use.
2) The future land use area was expanded to the West and South reflecting the proposed development of the Nelson farm and the road way to 12/18.
3) Clarification was added to the plan on what happened to the 40 acres of agricultural land.
The hearing was then opened for public comments:
1) Dave Dinkel questioned the environmental corridors indicated on the plan.
2) Jeff Quamme stated that the Liberty Commons area should be designated mix-use rather then commercial. The Board agreed with this recommendation.
3) John Mathews stated that the Fireman’s park is indicated as recreational and that the final designation of this area would be determined at the 5/21 meeting.
4) Dalton Schreiber asked if the commercial designation could be extended on DNR lands on South Industrial Park Rd that are leased to businesses. The Board agreed with this request.
5) Walter Olson asked that the Community Park lands that are being proposed to be added to his subdivision be designated residential not recreational. The Board agreed with this request.
6) A concerned citizen asked if the Township had a comprehensive plan and what the residential designation meant. Maley stated the Township has a plan and explained the residential designation.
Being no further comments, the hearing was closed at 7:30.
B. PUBLIC APPEARANCE: PAUL BLOUMT EMS DIRECTOR (did not appear)
C. PUBLIC COMMENTS
President Mathews stated Kevin Nelson was present to make comments on item 5 under New Business and his comments would be heard at that time. The Board had no objections to this.
There were no other public comments.
IV. UNFINISHED BUSINESS, REVIEW & ACTION THERE ON:
1. FEMA FLOOD PLAIN DELINEATIONS ISSUES
Otte stated the Village received a 3rd proposal on doing a flood plain delineation study, however staff has not had time to review it or forward it to the Township. Mathews stated this item would be held over.
2. WAIVER OF SEWER CHARGES FOR 20 N. MAIN STREET PER VILLAGE POLICY
The Board reviewed the request for a sewer adjustment for 20 N. Main and the Village policy on granting adjustments.
After review, motion by Searle, seconded by Kiefer to deny any adjustment to the sewer charges at 20 N. Main as requested because the water went into the sanitary sewer system. Motion carried
3. FINAL PLAT/DEVELOPMENT AGREEMENT AND OTHER ITEMS RELATED TO THE DRUMLIN HILL PLAT
Attorney Murray stated that the board needed to adopt the following items for the final approval of the Drumlin Hills plat:
1) Resolution
2) Ordinance
3) Developers Agreement
The Board then reviewed the documents and made a change in the payment schedule of the park impact fee to allow the payment in two steps. This will be corrected in the resolution and development agreement.
After discussion on various sets of the documents, motion was made by Mathews, seconded by Searle to approve Resolution #R-2007-12 “Resolution Conditionally Approving the Final Plat of Drumlin Hills” as amended and on file in the clerks office. Motion carried.
Motion was made by Mathews, seconded by Wilkinson to approve Ordinance #O-2007-06 “An Ordinance Amending O-2006-11 and O-2006-21 Relating to the Rezoning of Property (Drumlin Hills) in the Village of Deerfield, Wisconsin” as on file in the clerks office. Motion carried.
Motion was made by Mathews, seconded by Kiefer to approve “Developers Agreement Regarding Improvements in the Plat of Drumlin Hills” as amended and on file in the clerk’s office. Motion carried.
4. FINAL PAYMENT FOR ARCHITECTURE & ENGINEERING SERVICES FOR THE FIRE STATION
Otte stated that Brink, Kolberg & Associates, LLC responded to the Fire Commissions final payment offer with a counter offer to accept the $13,500 payment however, the entire amount would be due and the contract would be terminated.
Mathews stated that the Fire Commission needs to act on this but prior to this he would be asking the attorney to review this proposal, therefore this matter will be held over.
V. NEW BUSINESS
A. RESOLUTIONS
1. RESOLUTION R2007-10 “A RESOLUTION TO ADOPT TIF GRANT PROGRAM FOR TID #3: MANUAL OF POLICIES AND PROCEDURES OF THE VILLAGE OF DEERFIELD, WISCONSIN”
Mathews stated that the Planning Commission/Economic Development Committee had reviewed this manual and recommended its approval. He also stated that he voted against it because of section 3.4 allowed expenditures back to September 27, 2006 and in his opinion expenditures should only be acceptable after the application is approved. The Board then reviewed the manual and added section 3.2(4) regarding delinquent amounts owed to the Village.
Discussion was held on Section 3.1(2) and the consensus was that this wording was acceptable.
Motion was then made by Searle, second by Wilkinson to adopt Resolution #R2007-10 “A Resolution to Adopt TIF Grant Program for TID #3: Manual of Policies and Procedures of the Village of Deerfield, Wisconsin” as on file in the clerks office with the addition of Section 3.2(4). Yay: Kiefer, Searle & Wilkinson. Nay: Frutiger, Haag and Mathews. Abstained: Schreiber. Motion defeated.
Motion was then made by Haag, second by Mathews to adopt Resolution #R2007-10 “A Resolution to Adopt TIF Grant Program for TID #3: Manual of Policies and Procedures of the Village of Deerfield, Wisconsin” as on file in the clerks office with the addition of Section 3.2(4) and section 3.4(1) be amended to reflect that no funds would be allowed for expenses prior to the approval of a grant application. Yay: Frutiger, Haag and Mathews. Nay: Kiefer, Searle and Wilkinson. Abstained: Schreiber. Motion Defeated.
Discussion was then held and Attorney Murray explained that Section 3.4(1) could be omitted however, there would be a gap in the manual.
Motion was then made by Haag, second by Mathews to adopt Resolution #R2007-10 “A Resolution to Adopt TIF Grant Program for TID #3: Manual of Policies and Procedures of the Village of Deerfield, Wisconsin” as on file in the clerks office with the addition of Section 3.2(4) and section 3.4(1) be amended to reflect that no funds would be allowed for expenses prior to the approval of a grant application. Yay: Frutiger, Haag, Kiefer and Mathews. Nay: Searle and Wilkinson. Abstained: Schreiber. Motion carried.
Kiefer then asked for clarification on 3.4(1) and then made a motion to reconsider the previous motion because she miss interrupted what would happen if section 3.4(1) was omitted, second by Seale. Yay: Frutiger, Haag, Kiefer, Mathews, Searle and Wilkinson. Abstained: Schreiber. Motion carried.
Motion was then made by Mathews, second Haag to adopt Resolution #R2007-10 “A Resolution to Adopt TIF Grant Program for TID #3: Manual of Policies and Procedures of the Village of Deerfield, Wisconsin” as on file in the clerks office with the addition of Section 3.2(4) and section 3.4(1) be amended to reflect that no funds would be allowed for expenses prior to the approval of a grant application. Yay: Frutiger, Haag, Mathews and Wilkinson. Nay: Kiefer and Searle. Abstained: Schreiber. Motion carried.
2. RESOLUTION R2007-11 “A RESOLUTION FOR THE ANNUAL COMPLIANCE MAINTENANCE REPORT”
Otte reported that all aspects of the compliance maintenance report requirement had a rating of 4(A) and that at the present time the plant it operating at about 35%.
After review, motion by Searle, second by Wilkinson to approve Resolution R2007-11 “A Resolution for the Annual Compliance Maintenance Report” as on file in the clerk’s office. Motion carried.
Mathews stated he would like to waive the order of the agenda to address item C-5 under New Business ”Fire Commission Appointment Clarification” because Commissioner Kevin Nelson is present. The board had no objections.
B. LICENSES & PERMITS
1. OPERATORS LICENSE FOR JAMES HAAK, CYNTHIA L. NAGEL AND TINA PELLERIN
Motion by Mathews, second by Searle to deny the operators’ license to James Haak as recommended by the Finance Committee because the application was not complete and had incorrect information. Motion carried.
Motion by Mathews, second by Searle to approve the operator licenses to Cynthia Nagel and Tina Pellerin as recommended by the Finance Committee. Motion carried.
2. TEMPORARY CLASS “B”: DEERFIELD VOLUNTEER FIRE DEPARTMENT, DEERFIELD SOFTBALL LEAGUE, AND BUCKY SCHMIDT MEMORIAL FUND
Motion by Mathews, second by Schreiber to approve the Temporary Class B Retail Licenses for Deerfield Softball League, Bucky Schmidt Memorial Fund and Deerfield Fire Department with the condition that the Softball license will only be valid until June 30, 2007 at which time they would need to apply for a new license for the period of July 1, 2007 to June 30, 2008 as recommended by the Finance Committee. Motion carried.
C. REVIEW & ACTION:
1. GRANT EASEMENT TO WISCONSIN POWER AND LIGHT COMPANY ON LAND KNOWN AS COMMUNITY PARK
Otte stated this easement was to serve Drumlin Hills and also provide lines to upgrade the park service in the future. He also stated that John Doyle, Public Works Director reviewed this and recommended its approval.
After discussion, motion by Mathews, second by Frutiger to grant an easement to Wisconsin Power and Light Company on land known as Community Park as on file in the clerks office. Motion carried.
2. LEASE AGREEMENT WITH MADISON CELLULAR TELEPHONE COMPANY FOR CELLULAR EQUIPMENT BUILDING ON CELL TOWER SITE ON INDUSTRIAL PARK RD
Mathews stated due to the time he recommends this item be held over. The board agreed.
3. WAIVER OF SEWER CHARGES FOR 218 STATE STREET PER VILLAGE POLICY
The board reviewed a request from 218 State Street to waive the sewer charges because of having a leaky toilet and an outside hose was running. They are also requesting a waiver of a late fee charge.
After discussion, motion was made by Searle, seconded by Wilkinson to deny the adjustment to sewer charges because if did not meet the 3 times usage test in the policy but to grant a waiver of the $2.84 late fee charged. Motion carried.
4. PROJECTED POLICE DEPT COST FOR 2007 AND PURCHASE NEW RADAR UNIT
Mathews stated due to the timing he recommends this item be held over. The board agreed.
5. FIRE COMMISSION APPOINTMENT CLARIFICATION
Kevin Nelson questioned why Paul Brandenburg was taken off the Commission and replaced with Greg Frutiger. He feels because Greg is a trustee, he is not eligible to serve and asked if Greg would resign. Greg stated he would not resign. Mathews then explained the agreement language allowing Greg to serve and that to keep communications open between the EMS Commission and the Fire Commission he felt Greg is needed on the Commission. The board felt no action was needed. Mathews thanked Nelson for his appearance.
6. CONTINUED PARTICIPATION IN DANE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Mathews stated due to the time he recommends this item be held over. The board agreed.
7. VILLAGE OF DEERFIELD POLICY #2006-1 A-1 “WAIVER OF GARBAGE AND RECYCLING BILLING FOR VACANT BUILDINGS”
Mathews stated due to the timing he recommends this item be held over. The board agreed.
8. PURCHASE OF UTILITY BILLING SOFTWARE
Mathews stated due to the time he recommends this item be held over. The board agreed.
9. STREET CLOSING PERMIT
Mathews stated the Village received a request to close Pheasant Ct. for a block party and that staff had no objections.
Motion by Mathews, second by Kiefer to approve a street closing permit on June 10, 2007 on Pheasant Ct. for a block party. Motion carried.
VI. ORDINANCES
A. ORDINANCE O-2007-03 “AN ORDINANCE TO ADOPT THE COMPREHENSIVE PLAN FOR THE VILLAGE OF DEERFIELD”
Mathews stated that a public hearing was held on the plan and various changes were recommended.
Otte stated because of the special meeting on May 21, 2007 that the effective date of the ordinance will be
May 22, 2007 with the recommendations made at the May 21, 2007 meeting and be incorporated into the plan.
After discussion, motion by Mathews, second by Kiefer to approve Ordinance O-2007-03 “An Ordinance to Adopt the Comprehensive Plan for the Village of Deerfield” with the changes indicated at the public hearing and that the effective date of the ordinance be May 22, 2007 and that any change to the land use made at the May 21, 2007 meeting be incorporated into the plan. Motion carried.
B. ORDINANCE O-2007-04 “AN ORDINANCE CHANGING THE COMPOSITION OF THE BUSINESS PARK COMMISSION”
Otte stated this ordinance redefined the Business Park Committee aka Economic Development Committee to have its membership made up of the Planning Commission members.
After discussion, motion by Mathews, second by Searle to approve Ordinance # O-2007-04 “An Ordinance Changing the Composition of the Business Park Commission”. Motion carried.
VII. COMMUNICATIONS
A. LEAGUE OF WISCONSIN MUNICIPALITIES INSURANCE ANNUAL REPORT
Mathews stated due to the time he recommends this item be held over. The board agreed.
B. DANE COUNTY PLANNING & DEVELOPMENT: DENIAL OF 2007 BUILD GRANT
Mathews stated due to the time he recommends this item be held over. The board agreed.
VIII. STAFF REPORTS
Otte reported that the Community Center will be attending the May 21, 2007 meeting and that Dalton Schreiber has been attending their meetings.
IX. ADJOURN
Motion by Wilkinson, second by Searle to adjourn at 9:35 pm. Motion carried.
/S/ Dean A. Otte
Village Administrator, Clerk-Treasurer