Fort Atkinson City Council - Minutes - 2001

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MINUTES OF THE CITY COUNCIL MEETING

FORT ATKINSON, WISCONSIN

MAY 15, 2001

 

 

  1. CALL TO ORDER
  2.  

    A regular meeting of the City Council was called to order at 7:30 p.m. by President Day in the Council Chambers of the Municipal Building.

     

  3. ROLL CALL
  4.  

    On call of the roll members present were:

     

    Bill Camplin

    Loren Gray

    Bruce Johnston

    Mark Zastrow

    Gordon Day Jr.

     

    Also present were the City Manager, City Attorney, City Clerk/Treasurer, and City Engineer.

     

  5. MINUTES
  6.  

    (a) APPROVAL OF MINUTES OF THE MAY 1, 2001 REGULAR COUNCIL MEETING.

     

    Cm. Johnston moved to approve the minutes of the May 1, 2001 regular Council meeting. The motion was seconded by Cm. Gray. Motion carried on a voice vote.

     

  7. PUBLIC HEARINGS
  8.  

    None.

     

  9. PETITIONS, REQUESTS AND COMMUNICATIONS
  10.  

    (a) REPORT FROM VIRCHOW, KRAUSE & CO. ON INTERNAL CONTROLS AND YEAR END FINANCIAL STATEMENTS.

     

    The City Manager introduced Mr. Don Rahn of Virchow, Krause & Co. to the Council. Mr. Rahn directed the Council to page 1 of the financial statements, the independent auditors report. Mr. Rahn stated that Virchow Krause is giving the City of Fort Atkinson a clean opinion, which is the best opinion a City can receive from their auditors. Basically it means they found the financial records of the City of Fort Atkinson to be in good order and that the enclosed financial statements present fairly, in all material respects, the financial position of the City of Fort Atkinson as of December 31, 2000.

     

    Mr. Rahn stated that the undesignated fund balance for the City's General Fund was at $721,000 which represents 9% of the City's budget on hand. Mr. Rahn stated that this was down from 10.5% last year however, it is still a proper percentage of undesignated funds for a City our size. He also stated that the reason for the decrease is basically due to some advances the General Fund made to the TIF districts and the designation of some of the funds for specific uses.

     

    Mr. Rahn then directed the Council to page 4 of the financial report and stated that the City's excess of revenues and other sources over and above their expenditures was at $220,090 at the end of 2000 which is a 3% excess of revenues over expenditures which is very good for the City. Mr. Rahn further quoted that the City's long term debt limit could be $28,865,525 according to state statute however, the City of Fort Atkinson's debt is at $10,110,736 which represents only 35% of the total limit the City could have. Mr. Rahn further stated that overall cities in the State of Wisconsin use 10-20% of their budget toward debt payments. In the City of Fort Atkinson that represents only 10% of total expenditures and that is good. He also stated that the City of Fort Atkinson is very good at spending within their budget constraints.

     

    Mr. Rahn wrapped up his report to the Council by stating that the water utility rate of return for 2000 did end up at 7.7% and a 5.5% rate of return for the sewer utility. Both of these percentages are very good and show the City of Fort Atkinson in a solid financial position with both utilities.

     

    Cm. Zastrow, seconded by Cm. Johnston moved to accept the report from Virchow, Krause & Co. on Internal Controls and year end financial statements for the City of Fort Atkinson. The motion carried on a voice vote.

     

    (b) REQUEST FROM RAMESH SHAH TO REZONE LOTS 42-47 ON RANGITA STREET FROM R-1 TO R-2.

     

    Cm. Johnston, seconded by Cm. Gray moved to refer the request from Ramesh Shah to rezone Lots 42-47 on Rangita Street from R-1 to R-2 to the Planning Commission. The motion carried on a voice vote.

     

  11. RESOLUTIONS AND ORDINANCES
  12.  

    None.

     

     

     

     

  13. REPORTS OF OFFICERS, BOARDS AND COMMITTEES
  14.  

    (a) ACCEPTING MINUTES AND REPORTS FROM VARIOUS BOARDS AND COMMITTEES.

     

    Cm. Johnston, seconded by Cm. Camplin moved to accept the minutes of the Historic Preservation Commission meeting held May 2, 2001; minutes of the Dwight Foster Public Library Board meeting held April 2, 2001; minutes of the Traffic Review Committee meeting held May 3, 2001; minutes of the Ad-Hoc Planning Committee meeting held April 30, 2001; Electrical, Plumbing & Building Permit reports for April 2001; minutes of the Police & Fire Commission meeting held May 3, 2001; and minutes of the Planning Commission meeting held May 8, 2001. The motion carried on a voice vote.

     

  15. UNFINISHED BUSINESS
  16.  

    (a) RECOMMENDATION FROM TRAFFIC REVIEW COMMITTEE TO REDUCE SPEED LIMIT TO 10 M.P.H, PLACE A STOP SIGN ON MADISON AVENUE, AND SIGN AS "NO-THRU TRAFFIC" FOR ALLEY BETWEEN ADAMS AND WASHINGTON STREETS NORTH OF MADISON AVENUE.

     

    City Engineer Woods stated that the City has been getting complaints concerning the traffic in the alley in question. The complaints state that citizens are traveling at speeds greater than 15 m.p.h., the trees in front of Jim Woodman's office area are a vision problem, drivers are not stopping when they enter Madison Avenue, and people who are not residents of the area are using the alley to drive north/south to Frostie Freeze.

     

    Discussion was held on the fact that a "no-thru" traffic sign for the alley between Adams and Washington Streets would have no backing by City law. The City Attorney stated that there is no fine in our ordinances for police officers to ticket people for disobeying the "no-thru" traffic sign.

     

    Cm. Gray, seconded by Cm. Camplin moved to approve the recommendation from the Traffic Review Committee to reduce the speed limit to 10 m.p.h. in the alley between Adams and Washington Streets north of Madison Avenue and to place a stop sign at the alley's intersection with Madison Avenue, however no action will be taken on the "no-thru" traffic sign. The motion carried on a voice vote.

     

    (b) RECOMMENDATION FROM TRAFFIC REVIEW COMMITTEE TO INSTALL YIELD SIGNS ON CLOUTE STREET AT HILLCREST DRIVE AND A STOP SIGN ON HILLCREST DRIVE AT WEST BLACKHAWK DRIVE.

     

    The City Manager stated that this is a unanimous recommendation from the Traffic Review Committee.

    Discussion was held that people are driving north on Cloute Street and are not stopping or even slowing down at Hillcrest Drive, then entering onto Blackhawk Drive without stopping or slowing down. After further discussion, Cm. Johnston, seconded by Cm. Camplin moved to approve the recommendation from the Traffic Review Committee to install yield signs on Cloute Street at Hillcrest Drive and a stop sign on Hillcrest Drive at West Blackhawk Drive. The motion carried on a voice vote.

     

    (c) RECOMMENDATION FROM TRAFFIC REVIEW COMMITTEE TO ADOPT ORDINANCE PROHIBITING USE OF JAKE BRAKES BY TRUCKS UNLESS AN EMERGENCY.

     

    The following ordinance was displayed on the overhead projector at this time:

     

    ORDINANCE NO. 575

     

    The City Council of the City of Fort Atkinson does hereby ordain as follows:

     

    That Chapter 58, Offenses and Miscellaneous Provisions, Article II., Crimes Against Property, be amended and that Sec. 58-79, Use of Dynamic Braking Devices Prohibited, be created to read as follows:

     

    Sec. 58.79. Use of Dynamic Braking Devices Prohibited.

     

    (a) Definition. A dynamic braking device (commonly referred to as Jake Brakes, Jacobs Brake, Engine Brake or Compression Brake) means a device primarily on trucks for the conversion of the engine from an internal combustion engine to an air compressor for the purpose of braking without the use of wheel brakes.

     

    (b) Use Prohibited. It is unlawful for any person to operate any motor vehicle with a dynamic braking device engaged within the City limits, except for emergency situations for the purpose of avoiding a collision with another object or vehicle.

     

    All ordinances or parts of ordinances in conflict herewith are hereby repealed.

     

    This ordinance shall take effect and be in force from and after the date of its passage and publication.

     

    Dated: May 15, 2001

     

     

    _________________________

    Pres. of the City Council

    ATTEST:

     

     

    ____________________________

    City Clerk

     

    Cm. Johnston, seconded by Cm. Zastrow moved to suspend the rules and pass this ordinance through its second and third readings. The motion carried on a voice vote.

     

    Cm. Zastrow, seconded by Cm. Johnston moved to adopt Ordinance No. 575 prohibiting the use of jake brakes by trucks unless an emergency. The motion carried unanimously.

     

    (d) REVIEW AND APPROVE CHANGE ORDER FOR RIVERWALL PROJECT.

     

    City Manager Wilmet stated that the change order for the riverwall rehabilitation contract has four parts to it. He stated first of all that with the high river levels, the sand backfill materials that were specified in the contract will not be able to be used. Instead it is proposed to use a 1" to 3" clear stone aggregate. This will provide the stability that is needed and can be placed under water. The contractor will furnish and replace this material for an additional $9.50/lineal foot of trench. The 820 feet of trench means an increase of $7,790. City Manager stated that also when the original contract was awarded the 60 ft. of concrete steps were eliminated and 60 ft. of tuckpointing were added. However this section of wall in fact does require some rebuilding and not just tuckpointing. These two items are an increase to the rebuilding bid item by $6,300 and a decrease to the tuckpointing bid of $1,386.60, for a net increase of $4,913.40. Lastly, the City Manager stated that the contractor was delayed in starting the contract because of having to wait for an approval of a DNR Chapter 30 Permit, therefore a request has been made for an eight week extension to August 10, 2001.

     

    The City Manager stated that the original contract award was $114,400.35, with a budget of $193,200 in grants and City funding. Funds already committed for bidding and design total $35,994.20, leaving a contingency balance prior to this change order of $42,805.45. With the use of the clear stone backfill it will not be necessary to seed and mulch the trenched areas where the walkway will be constructed and therefore it is estimated that there will be a total savings of about $5,000 on the walkway portion of the construction.

     

    Cm. Zastrow, seconded by Cm. Johnston moved to recommend that Change Order No. 1 be approved in the amount of $12,703.40 in contract items and the eight weeks in contract time also be approved. On call of the roll the motion carried unanimously.

     

    (e) RECOMMENDATION FROM PLANNING COMMISSION TO RECOMMEND TO COUNTY ZONING BOARD DENIAL OF REQUEST TO REZONE 5.31 ACRE PARCEL AT HWY 26 AND BUSINESS 26 INTERCHANGE (EXTRA-TERRITORIAL).

     

    City Manager Wilmet stated that the motion at the Planning Commission to deny this request was unanimous.

     

    Cm. Gray stated that the zoning for this building from the County would be industrial and the City's Master Plan for this area is to be commercial and therefore, the Planning Commission did not feel that this building was compatible with our future use. It was also stated that they didn't feel that a blank wall 12,000 sq. ft. building would be an attractive entry point into the City of Fort Atkinson and whatever business or building is the first thing built in that area it will set a precedent for buildings down the road.

     

    Cm. Zastrow, seconded by Cm. Camplin moved to approve the recommendation from the Planning Commission to recommend to the County Zoning Board denial of the request to rezone 5.31 acre parcel at Hwy 26 and Business 26 interchange (extra-territorial). The motion carried on a voice vote.

     

    (f) REVIEW AND APPROVE CHANGE ORDER NO. 4 ON FIRE DEPARTMENT PROJECT.

     

    City Manager Wilmet stated that this change order for the Fire station covers two items discovered during the installation of the EFIS material. The first change is in the amount of $2,890 for mechanical fastening for the EFIS. The bids specifications called for gluing the EFIS material onto the building however, when the siding was removed, it was determined that glue would not adhere and permanent mechanical fastening would be required to keep the EFIS material on the walls. The mechanical fastening is much more labor intensive and we feel the quoted price of $2,890 is justified.

     

    The second part of the change order is to remove the plywood soffit and provide EFIS soffit. This area is at the main entrance to the facility. The plywood is not in very good condition and would have to be repainted and in a short time replaced. Since the City has the chance now to wrap the soffit and walls with EFIS material fully securing the building from the weather elements, the City Manager stated that they feel the quoted price of $2,216 is fair.

     

    The City Manager explained that to date the interest earned on the borrowed funds for the Police Dept. and Fire Dept. remodeling has exceeded the allocation that was approved last December. The excess in interest is approximately $6,000 and there still remains approximately $1,200 in the contingency account. The City Manager stated that therefore he would recommend that this change order be approved using these remaining funds. The City Manager also stated that the Fire station project is now moving along quite nicely after many delays.

     

    Cm. Gray, seconded by Cm. Zastrow moved to approve Change Order No. 4 on the Fire Dept. project in the amount of $5,106. On call of the roll the motion carried unanimously.

     

  17. NEW BUSINESS
  18.  

    (a) REQUEST FROM CITY CLERK FOR SUPPORT OF NOMINATION TO BECOME FIRST VICE-PRESIDENT OF THE WMCA.

     

    City Manager Wilmet referred the City Council to the City Clerk/Treasurer's memo regarding her nomination to become 1st Vice-President of the WI Municipal Clerks' Association. The City Manager stated that the WI Municipal Clerks' Assn. is a large and sound statewide organization that is geared to help with the education and support of municipal clerks across the state. The City Manager further stated that he does support Ms Elford's request.

     

    Cm. Camplin, seconded by Cm. Gray moved to approve the request by the City Clerk for their support of her nomination to become 1st Vice-President of the WI Municipal Clerks' Association. The motion carried on a voice vote.

     

  19. MISCELLANEOUS
  20.  

    (a) GRANTING OPERATOR LICENSES.

     

    Following a report that the applications had been reviewed and approved for accuracy by the Police Dept. upon the motion of Cm. Gray, seconded by Cm. Zastrow, the following operator licenses were granted:

     

    PROVISIONAL: Luke T. Ryan

    REGULAR: Thomas R. Elliott

    Ryan L. Brock

    Ramona F. Stocks

     

    The motion carried on a voice vote.

     

    (b) SPECIAL BEER AND WINE LICENSE FOR FORT FEST INC. TO USE AT JONES PARK ON JUNE 15-17, 2001.

     

    Cm. Johnston, seconded by Cm. Zastrow moved to approve the special beer and wine license for Fort Fest Inc. for use at Jones Park on June 15-17, 2001. The motion carried on a voice vote.

     

    (c) SET MEETING DATE FOR BOARD OF REVIEW.

     

    Cm. Johnston, seconded by Cm. Zastrow moved to set the initial meeting date for the Board of Review for June 5, 2001 at 7:15 p.m. The motion carried on a voice vote.

     

  21. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
  22.  

    (a) VERIFIED CLAIMS.

     

    The following is a list of bills to be approved by the Council.

     

    CITY, SEWER, WATER

     

    AGA Gas Inc Cylinder rent, welding gas, cart $ 478.85

    A T & T Services, long distance 189.48

    Ace Hardware Roof fasteners, supplies, spark plugs, bulbs 766.11

    All Channel Electronics Inc Pool annual alarm monitoring 197.00

    LW Allen Inc Repair switch 1,083.45

    Amerigas - Madison Haummerson-yearly tank rent 20.00

    Ameritech Ralph park phone 22.99

    Aramark Uniform Services Services 1,464.75

    Armstrong Heating & Cooling City Hall A/C; Museum start A/C 147.00

    Arrowhead Backflow Test backflow prevention 48.00

    Badger Swimpools Inc Grate 31.66

    Badger Uniforms Emrick - uniform shirts/pants 319.11

    Barth True Value Inc Pipe, drill bits, supplies, rent sod cutter 200.27

    Big 10 Athletic Supply 16 bats-youth baseball; 8 youth baseball bats 300.00

    Blodgett Garden Center 6 bags mulch-Ralph; 5 bales straw; edging 97.90

    Bowman Distribution Fasteners 56.51

    Brom's Tire & Auto Repair #66 radiator 199.00

    Brown Cab Service April subsidized taxi service 15,714.18

    Buck Inc Mem'l & Ralph Parks ball lime 1,891.80

    Business Health Services Boudreau & Anderson - Hep A & B vaccines 210.00

    CDW Government Inc 3 Windows 98 upgrades 237.60

    Chamber of Commerce 1st qtr/room tax allotment 10,708.10

    Cinderella/Shep's Cleaning April Janitorial service Water/Sewer 640.00

    Jim Coxe Auto Body Labor - paint #92 700.00

    Daily Jefferson Co Union Various publications 1,030.00

    Data Financial Business Serv Burster maintenance contract May 1-April 30, 2002 289.50

    Jeffrey S Davis Athletic shoes/apparel 66.99

    Delta Hydro 2 hose fittings 405.47

    Deluxe Distributors 2 cases paper toweling 87.80

    Diggers Hotline Inc April service, 238 tickets 316.54

    Farm Plan #36 switch 53.71

    Ft Atkinson Mem'l Health 3 blood alcohol tests 70.35

    Ft Atkinson Sentry Election food, supplies, seminar supplies 464.24

    Ft Auto Supply Filters, batteries, auto parts, mower parts 408.53

    Ft Transportation & Service Outgoing freight - mixer 112.70

    Galls, Inc Firefighter pocket guide 16.02

    HFI Fittings 16.53

    Hach Company Lab supplies 46.85

    Hausz Bros Inc Stone, road rock 863.31

    Debra L Hayes Peg shelves 15.59

    ID- Access 3 ID cards $ 24.00

    J N L Wrought Iron Janesville/S Third fencing 2,665.00

    Jeff Co Farmco Co-Op 96 cans athletic paint, grass seed 439.20

    Jeff Co Sheriff's Dept Prisoner board - April 8/Cruz 10.00

    Jeff Co Treasurer Mar - Apr jail assessments 2,576.40

    Jensen Plumbing & Heating Televise storm sewer 135.00

    Jimmy John's Umpire mtg/sandwiches 49.15

    Jonas Office Products LTD Baseball supplies, office supplies, cable, 1,387.05

    Kmart #9543 Cooler, tennis balls, supplies, auto armor-all 222.30

    Lab Safety Supply Inc 1 case coveralls 146.23

    Lanier Worldwide Copier serviced 157.00

    Lemke Fencing of Jeff Inc 7' high chainlink fence @range 14,850.00

    Luedtke Plumbing Inc Museum - faucet repaired 63.15

    Margraf Collection Agency April citations collections 228.65

    Jim May Plumbing LLC Ralph Park - service pipe 50.00

    McIntyre Floral Herro - funeral plant 22.00

    Mid America Sales Assoc Bat holders, line caddy, bases 464.25

    Milton Propane Inc 15.8 gal propane 31.58

    Milwaukee Brewers Sales cost 55 seats 137.50

    Minnesota Life Ins Co Monthly life insurance premiums 706.38

    Monroe Truck Equip Inc Crane repaired 1,292.22

    Moore Sports Rue - athletic shoes, 60 doz softballs 2,149.00

    Motor Age Training 2 sets study guides 214.90

    Municipal Software Inc Budget planning, cash register, receipt printer 3,360.00

    NCL of WI Inc Lab supplies 963.94

    Neher Electric Supply Inc Bulbs 80.60

    Oriental Trading Co Inc Supplies 132.40

    Oshkosh Office Systems Ink, office supplies 286.80

    P.A.B. Services Inc Cut 46 lf pavement-Janesville Ave 650.00

    Scott J Pallan In-service training 51.50

    Pepsi-Cola Company Youth center soda 426.40

    Polydyne Inc Polymer 1,980.00

    Pomp's Tire Service Inc Tires, mount, casings 1,480.00

    Premier Bank Fed withholding, soc security, medicare 38,919.45

    Professional Equip & Supply Nachtigal-holster, shirts; Rice-shirts, pants 263.70

    R & R Home Construction Sr Center-repair water damage 521.00

    Timothy Reel WWOA May 10 seminar 25.00

    Rigid Hitch Inc Jack, brackets, (& credit) 48.34

    Rosemount/Uniloc Acct Sensor, membrane kit 557.50

    James L Rusch WI Mechanics mtg supplies 27.31

    Schenk-Huegel Co S. Hottman - 3 uniform blouses 108.50

    Sign-a-Rama Vehicle logos, Jones sign, park sign 548.68

    Kent F Smith WI Bldg Insp-conf exp lodging/meal/regist 382.88

    Smith Group JJR Inc Master Plan update 617.50

    Spangler Computer Services Front office/P & R-cabling; DPW & Elect-cabling 3,024.50

    Staples Update Master Plan copies 50.40

    Star Fax & Copy Service Inc Copy service 27.50

    State of Wisconsin Mar-Apr penalty assessments 5,061.60

    Stoffel Seals Corp 250 jr. Police badges 106.00

    Superior Services-Ft Atkinson Solid waste pickup/recycle, dumpster service $ 43,360.65

    Terminix International Museum - April pest control 98.00

    Topel's Towing Service #74 hauled on flatbed 280.00

    Town & Country Electric Digester blower install 23,000.00

    Tri/Environmental Inc Truck air bottles air analysis 118.00

    US Cellular Cell phones services 170.48

    US Filter Corp Periodic maint on lab equipment 161.67

    UW Soil Testing Lab Soils analyses 97.50

    United Parcel Service Parcel pickup service 161.20

    VWR Scientific Lab supplies 86.58

    Virchow Krause & Co LLP 2000 audit services 2,744.00

    WI Correctional Center Sys Inmates labor assistance 388.75

    WI Dept of Administration Code supplements 99.00

    WI Dept of Commerce Pool - amusement ride regist 275.00

    WI Dept of Employee Trust Monthly health insurance premiums 33,623.30

    WI Dept Health/Family Serv Pool & concession stand licenses 408.00

    WI Dept of Justice/Crime 10 record checks 50.00

    WI Dept of Revenue April sales tax 133.63

    WI Dept of Revenue State withholding tax 7,970.12

    WI Electric Power Co Electricity, natural gas 32,515.42

    WI Electric Power Co 18 street lites-Janesville Ave 1,242.00

    WI Health Fund Monthly union health ins premiums 18,676.57

    WI Municipal Clerks Conf WMCA conf regist-Faith; Wed activity-Faith/John 200.00

    I.O.S. Capital Copier rent - Library (May 30-June 29) 192.00

     

    TOTAL CITY ACCOUNTS $ 239,334.63

    TOTAL SEWER ACCOUNTS 40,519.34

    TOTAL WATER ACCOUNTS 13,908.25

     

    CAPITAL PROJECTS

     

    Blodgett Garden Center Landscaping material $ 186.75

    Evans Industrial Comm Inc Antenna/tower work 457.40

    First Supply New PD - bowl, return urinal 185.30

    Hausz Bros Inc Road rock 85.70

    Jonas Office Products LTD 3 stools, return & re-purchase dispatch table 153.50

    Lycon Inc Cement-sidewalk/driveway 1,386.00

    PBBS Equipment Corp Bal due - 2 boilers 360.00

     

    TOTAL CAPITAL PROJECTS $ 2,814.65

     

    KLEMENT BUSINESS PARK

     

    Earth Tech Professional services $ 2,785.28

    DOWNTOWN DEVELOPMENT

     

    Earth Tech Professional services $ 1,032.87

    Tri Media Consultants Asbestos project $ 2,073.70

     

    TOTAL DOWNTOWN DEVLPMNT $ 3,106.57

     

    CLEAN WATER FUND

     

    Firstar Bank Principal & interest payment $ 924,840.52

     

    Cm. Gray, seconded by Cm. Zastrow moved that the bills in the amount of $239,334.63 for the City; $2,814.65 for the Capital Projects Fund; $2,785.28 for the Klement Industrial Park; $3,106.57 for the Downtown Economic Development Fund; $40,519.34 for the Sewer Utility; $924,840.52 for the Clean Water Fund ;and $13,908.25 for the Water Utility as per Schedule M-01 on file in the office of the City Clerk/Treasurer and as audited and approved by the Finance Committee be allowed and orders be authorized drawn on the proper funds for their payment. On call of the roll the motion carried unanimously.

     

  23. ADJOURNMENT

 

Cm. Gray, seconded by Cm. Camplin moved to adjourn the May 15, 2001 regular City of Fort Atkinson Council meeting at 8:44 p.m. The motion carried unanimously.

 

 

________________________________

CITY CLERK

 

APPROVED:

 

 

_________________________________

PRESIDENT OF THE CITY COUNCIL