By Michael S. Hoey
Correspondent
The City of Delavan will petition the state Supreme Court to hear an appeal of a lower court’s decision that the city can’t deny the preliminary plat for a housing development in the Town of Delavan.
The council March 4 authorized city attorney Steve Koch to file a petition with the Supreme Court to hear an appeal of the Feb. 12 Appeals Court decision. The appellate court ruling affirmed a March 15, 2013, Circuit Court decision in favor of Lake Delavan Property Co., a division of the Sho-Deen Group.
Lake Delavan Property has been trying to develop land at Mound Road and County Road F in the Town of Delavan but the land falls within the city’s extraterritorial zoning area. The city denied the preliminary plat for the development, called Mound Road Estates, be-cause the plans failed to meet the city’s density requirements for land within its extraterritorial zoning area. Lake Delavan Property sued the city and won.
As a result of the Appeals Court decision, the Town Board approved two separate rezoning requests and a conditional use permit for properties within the proposed development on Feb. 18. The city appeal to the Supreme Court, if heard, could put another hold on the project. Unlike lower court appeals, the Supreme Court hearing the case is not guaranteed. Koch said there is no way to tell how long it will take the court to decide.
Monthly water bills
The council unanimously approved the new monthly billing system for city water and sewer bills that will take effect May 10. Alderman Gary Stebnitz said the new system is not an increase in rates. It simply changes the collection from quarterly to monthly. Nieuwenhuis said that should be easier for customers to budget for.
Administrator Denise Pie-roni said there was a rate increase in January but that was a “pass-along” increase from the Walworth County Metropolitan Sewerage District. The city portion of the bill did not go up.
Finance Director Kelly Hayden presented a sample bill that showed a customer paying $98.81 each month would pay $296.43 over three months versus $296.48 if billed quarterly.
The council passed an ordinance amending munici-pal code so the utility can begin charging a 3 percent late penalty on the current amount due instead of 1 per-cent on the total by a 4-2 vote. Mary O’Connor and Chris Phillips were opposed.
Hayden said the new rate for late fees should actually cost customers less because the fee would not compound over time. It would only ap-ply to current charges.
Curb and gutter costs
The council approved special assessments to pay for the installation of new curb and gutter on both sides of Sixth Street near its inter-section with Phoenix Street. Sixth Street is scheduled to be reconstructed this season and does not have curb and gutter. City policy states that the property owner is responsible for 100 percent of the cost of new curbing.
Two residents opposed the action because they did not want to lose part of their front lawns and curbing has never been needed there before. The motion passed 4-2 with Ryan Schroeder and Jeff Johnson opposed. Residents will have up to five years to pay the special assessment of $14 per lineal foot.
Public safety
The council approved the appointment by Nieuwenhuis of members to the newly created Public Safety Strategic Planning Task Force. The task force will include Nieuwenhuis, Alderman Jeff Johnson, Pieroni, police and fire Chief Tim O’Neill, Ste-ve Louden, Jim Hansen, Bob Chapman, Tom O’Neill and Jay McNeil.
Photos sought
Nieuwenhuis announced that local author and president of the Delavan Historical Society Patti Marsicano is looking for photos for her new book called “Forgotten Delavan.” Anyone willing to allow Marsicano to scan their photos for the book can contact her at 745-9473.
