Jefferson City Council - Minutes - 1996

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minutes

CITY OF JEFFERSON COMMON COUNCIL
TUESDAY, MARCH 26, 1996

The Tuesday, March 26, 1996, meeting of the City of Jefferson Common Council was called to order at 7:30 p.m. by Mayor Brawders. Members present: Ald. Wagner, Ald. Mallory, Ald. Rogers, Ald. Polk, Ald. Wendt, Ald. Oppermann and Ald. Beyer. Absent was Ald. Wendorf. Also present was City Administrator Frantz, City Attorney Ristow, Police Chief Besel and City Engineer Schulz.

communications

Ald. Beyer thanked Parks Director Endl and Recreation Supervisor Johnson for the help in organizing a freshman baseball team, when the JV team became to large. Mr. Johnson would be coaching the team. Ald. Beyer commented that their actions displayed a commitment to the community over and above their job responsibilities.

Public participation

James Sullivan of 683 N. Watertown Avenue addressed the Council regarding the offset intersection plan that is being submitted for approval from Graef, Anhalt, Schloemer this evening. Mr. Sullivan stated that he felt the intersection layout as done by G.A.S. could be improved upon and he would like the Council to consider alternate plans.

Mike Sullivan of 757 Hyer Drive informed the Council that he was in favor of keeping the dam on the Rock River so that it remains navigable for boating.

Mr. Al Peters of 217 Hillebrand Drive stated that he also was in favor of keeping the present dam in place. He explained that in the past when the dam has been opened and the water released, his boat touches the bottom of the river bed.

Mr. Dave Lorbecki of 714 Windsor Terrace stated his support for the dam to remain and be repaired. He believes the river is a great recreational tool and that would be eliminated if the dam were taken out. The river is also the home of many wood ducks and geese that will probably move elsewhere when the water level goes down.

water & electric report

Mr. Bruce Folbrecht, Water & Electric Superintendent, gave a report to the Council. Mr. Folbrecht reported that the Water & Electric Commission approved the 1995 Audit Report at their March meeting. Overall the utilities are in good shape. Electric rates will more than likely go down about 6% this year, however, water rates will probably need to be adjusted somewhat in 1997. They have not been adjusted since 1990.

Mr. Folbrecht then stated that he and Mr. Ken Nelson had an opportunity to attend a utility rally in Madison and spent some time with Representative Ward and Senator Fitzgerald. Bruce stated that Rep

Ward was very receptive to concerns on the subject of Retail Wheeling and Senator Fitzgerald stated that he definitely was in opposition to Retail Wheeling.

public hearing and subsequent council action on rezoning from agriculture to single family residential

Mayor Brawders called the public hearing to order.

City Administrator Frantz read the Notice of Public Hearing.

City Engineer Reuben Schulz gave an explanation of the proposed amendment to the official map stating that Mr. Weihert wished to build five single family homes and, therefore, needed the zoning changed from (AG) Agriculture to (R-1) Single Family Residential.

Mayor Brawders then announced that if any citizen wished to address the Common Council on this issue, they could stand and give their name and address and address the Council at this time.

Mr. Mike Sullivan of 757 Hyer Drive stated that he was not in opposition to the land becoming single family residential, he just wanted some assurance from the Council that it would not become multifamily residential. Mr. Sullivan feels that there are too many multifamily houses in the area already. City Administrator Frantz explained that R2 zoning only allows single family homes, except for duplexes under a conditional use permit.

Hearing from no one else, Mayor Brawders closed the public hearing.

Ald. Wendt introduced Ordinance #6-96 for its second reading.

CITY OF JEFFERSON

PROPOSED ORDINANCE #6-96

An ordinance to amend Section 17.04 (1) of the Municipal Code of the City of Jefferson related to rezoning.

The Common Council of the City of Jefferson, Wisconsin, do ordain as follows:

Section 1. Section 17.04(1) of the zoning map, City of Jefferson, Wisconsin, which is herein made a part, is amended to change district boundaries by deleting the following area from the Agriculture (AG) District and adding said property to the Single Family (R-1) District:

Description: A part of the S.E. 1/4 N.E. Frl. 1/4 of Section 3, Township 6 North, Range 14 East, City of Jefferson, Jefferson County, Wisconsin, described as follows: Commencing at the E. 1/4 corner of Section 3; thence N.1o14'54" W., along the east line of Section 3, 1094.65 feet to the south line of Certified Survey Map No. 2321 and the point of beginning; thence N.89o05'33" W., (Recorded as N.89o10'38"W.), along the south line of said Certified Survey Map, 241.00 feet to the East line of Certified Survey Map No. 3162; thence S.1o15'29"E. 260.50 feet more or less to the north line of a parcel of land conveyed to Michael P. Sullivan and wife by deed recorded July 2, 1986, in Vol. 678 of Record P. 908 as Document No. 818190; thence N.87o 57' E., 241 feet along Sullivan's north line and its extension to the East line of said Section 3; thence N.1o14'65"W. 260.50 feet more or less to the point of beginning.

And, A part of the S.E. 1/4 N.E. Frl. 1/4 of Section 3, Township 6 North, Range 14 East, City of Jefferson, Jefferson County, Wisconsin, described as follows: Commencing at the E. 1/4 corner of Section 3; thence N.1o14'54"W. along the east line of Section 3, 682.50 feet more or less to the South line of a parcel of land conveyed to Michael P. Sullivan and wife by deed recorded July 2, 986 in Vol. 678 of Records P. 908 as Document No. 818190 and the place of beginning, thence S. 87o57' W. along Sullivan's south line 241 feet to the East line of Certified Survey Map No. 3162; thence S.1o15'29"E. along Certified Survey Map No. 3162 289.11 feet more or less to the North line of the Fairgrounds; thence S88o25'22"E., 241 feet more or less along the north line of the fairgrounds to the East line of said Section 3; thence N.1o14'54"W. 289.11 feet more or less to the point of beginning.

Parcel #: 06-14-03-14-008 and 06-14-03-14-009

Address: 727, 737, 747, 767 & 771 Hyer Drive

Section 2. This ordinance shall take effect and be in full force after passage and publication as provided by law and notification and attestation of the district boundary changes incorporated herein the zoning map, City of Jefferson.

Ald. Wendt, seconded by Ald. Wagner moved to approve Proposed Ordinance #6-96.

On a voice vote, the motion carried.

zoning change allowing for multiple principle structures in industrial districts

Ald. Rogers introduced Ordinance #7-96 for its first reading.

CITY OF JEFFERSON

PROPOSED ORDINANCE #7-96

An ordinance to amend Section 17.02(6)(d)2. and Create Section 17.05(7)(g) of the Municipal Zoning Code of the City of Jefferson related to Principle Structures.

The Common Council of the City of Jefferson do ordain as follows:

Section 1. Section 17.02(6)(d)2. is hereby amended as follows:

Section 2. 2. All principal structures shall be located on a lot and only one principal structure shall be located, erected or moved onto a lot, except for planned area developments in accordance with the provisions of this Chapter, and Industrial Districts where multiple principal structures may be allowed as a conditional use.

Section 3. Section 17.05(7) Industrial and Agricultural Uses is hereby amended by adding (g) as a conditional use.

Section 4. Section 17.05(7)(g). Multiple Principal Structures on a lot.

Section 5. This ordinance shall take effect and be in full force after passage and publication as provided by law.

This is a first reading. Mayor Brawders referred this ordinance to the Plan Commission for review and recommendation.

annexing territory from the town of aztalan

Ald. Mallory introduced Ordinance #8-96 for its first reading.

city of jefferson
ordinance #8-96

AN ORDINANCE ANNEXING TERRITORY TO THE CITY OF JEFFERSON, WISCONSIN

The Common Council of the City of Jefferson, Wisconsin, do ordain as follows:

SECTION 1. Territory Annexed. In accordance with SS66.021 Wis. Stats., the unanimous petition for direct annexation filed with the city clerk on 26th day of March, 1996, signed by the owner of all of the land in the territory (zero electors reside therein), the following described territory in the Town of Aztalan, Jefferson County, Wisconsin, is annexed to the City of Jefferson, Wisconsin:

Parcel "A"

That part of the SE and NE of the SE Section 35 T. 7 N., R.14E. Town of Aztalan, Jefferson County, WI lying southeast of the Northwestern Railroad more particularly described as follows: Beginning at the southeast corner of said Section 35; thence N.89o47'08" E., along the south line of said Section 35, 917.8 feet to the southeast r/w line of the Northwestern Railroad; thence N27o14'23" W., along said southeast r/w line 2,007.03 feet to the east line of said Section 35; thence S.0o01'39" W. along said east line 1,781.02 feet to the point of beginning containing 18.76 acres.

Parcel "B"

That part of the SW and SE of the SW of Section 36, T.7 N., R.14E., Town of Aztalan, Jefferson County, WI, described as follows: Beginning at the southwest corner of said Section 36; thence N.0o01'39"E., along the west line of said Section 36. 1,329.71 feet to the north line of the south of the SW of said Section 36; thence N.89o29'42"E., along said north line 1485.17 feet to the center line of N. Dewey Road; thence S.22o26'10" W., 98.76 feet and S. 21o10'10"W., 416.57 feet along said centerline to a point of curvature of said centerline; thence along the arc of a curve to the left of said centerline whose chord bears S.15o37'10" W., 397.04 feet to the point of tangency of said curve; thence continuing along said centerline S.10o04'10" W., 476.73 feet to the south line of said Section 36; thence S.89o24'55" W., along said south line 1,107.43 feet to the point of beginning, containing 38.59 acres, including road right-of-way.

SECTION 2. The territory described in Section 1 of this Ordinance is hereby made a part of Ward 2 of the City of Jefferson.

SECTION 3. Zoning Classification. Parcel "A" is hereby zoned (MG) General Industry, Parcel "B" (AG) Agriculture.

SECTION 4. Effect of Annexation. From and after the date of this ordinance the territory described in Section 1 shall be part of the City of Jefferson, Wisconsin, for any and all purposes provided by law and all persons coming or residing within such territory shall be subject to all ordinances, rules and regulations governing the City of Jefferson.

SECTION 5. Severability. If any provision of this ordinance is invalid or unconstitutional, or it the application of this ordinance to any person or circumstances is invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application.

This is a first reading.

grant applications for repair or abandonment of the rock river dam

Ald. Mallory introduced Resolution No. 127.

CITY OF JEFFERSON

RESOLUTION NO. 127

WHEREAS, the City of Jefferson is currently evaluating the rehabilitation of the Rock River Dam, and

WHEREAS, certain dam repairs are required under the State Dam Inspection Program,

WHEREAS, the NR335 Dam Repair fund guidelines, stipulates that a project application must be submitted by April 1, 1996, to be considered, and

WHEREAS, to coordinate necessary dam repairs with the Rock River Dam Rehabilitation Project, the City of Jefferson has contracted with R.A. Smith & Associates, Inc. to complete the plans, specifications and grant application, and

WHEREAS, grant funding for necessary dam repairs may not be available in the future, and

WHEREAS, final construction costs will not be known until after bids are received after the initial grant award has been made,

NOW THEREFORE BE IT RESOLVED, that the City of Jefferson Common Council designates the City Administrator as the authorized representative, and empowers the City Administrator to apply for a grant under s.31.385, Stats., and Chapter NR335,

BE IT FURTHER RESOLVED, that the City of Jefferson Common Council agrees to pay a share of the eligible costs which is equal to the total project cost minus the state share, and that the City of Jefferson Common Council reserves the right to accept or decline a possible grant award based on actual bid results when they become available.

Ald. Mallory, seconded by Ald. Polk moved to approve Resolution No. 127.

Ald. Oppermann inquired as to whether a Lake District could still be created to pay for the repairs or did this resolution lock the City into paying for the repairs.

The City Administrator stated that this resolution does not commit the City to having repairs done or paying for them. A lake district is still an option that can be pursued later.

The City Administrator then explained the DNR's process for deciding which dams are funded. It is done on a point system, and at this time, Jefferson's dam has 58.5 points assigned to it for the repair grant and 58.5 points assigned for the abandonment grant, therefore, the City has an equal chance at either grant.

It was then explained that the preliminary estimates for repair of the dam, without doing any extra aesthetic improvements would be $193,500. The DNR grant would fund 50% or $96,750. To abandon the dam would cost $101,000 with 50% or $50,500 coming from the DNR grant. Karl also stated that the DNR does favor abandonment of any dam because it creates better water quality and allows more natural fish migration.

Ald. Wendt inquired on what the City's balance is in our dam fund. City Administrator Frantz stated that it is currently at $43,000 to $45,000.

The Mayor then called for a voice vote on Resolution No. 127. The motion carried.

Ald. Beyer introduced Resolution No. 128.

CITY OF JEFFERSON

RESOLUTION NO. 128

WHEREAS, the City of Jefferson is currently evaluating the removal of the Rock River Dam, and

WHEREAS, either dam repairs or removal are required under the State Dam Inspection Program, and

WHEREAS, the NR335 Dam Repair fund guidelines, stipulates that a project application must be submitted by April 1, 1996, to be considered, and

WHEREAS, to coordinate dam removal with the Rock River Dam Rehabilitation Project, the City of Jefferson has contracted with R.A. Smith & Associates, Inc. to complete the plans, specifications and grant application, and

WHEREAS, grant funding for dam removal may not be available in the future, and

WHEREAS, final removal costs will not be known until after bids are received after the initial grant award has been made,

NOW THEREFORE BE IT RESOLVED, that the City of Jefferson Common Council designates the City Administrator as the authorized representative, and empowers the City Administrator to apply for a grant under s.31.385, Stats., and Chapter NR335, and

BE IT FURTHER RESOLVED, that the City of Jefferson Common Council agrees to pay a share of the eligible costs which is equal to the total project cost minus the state share, and that the City of Jefferson Common Council reserves the right to accept or decline a possible grant award based on actual bid results when they become available.

Ald. Beyer, seconded by Ald. Rogers moved to approve Resolution No. 128.

Ald. Beyer expressed her approval for passage of both resolutions to give the Council more information on both procedures and then the Council can make a more informed decision later.

Ald. Wagner and Ald. Mallory stated that they could not support the abandonment resolution. They both felt that the dam should be saved.

Ald. Wendt echoed Ald. Beyer stating that we always have the option of turning down any grant the DNR may want to give us, but by passing these resolutions we gain the opportunity to receive more information on our options.

Ald. Oppermann also stated his support on the same grounds.

Roll was then called on Resolution No. 128. On call of the roll, Ald. Rogers, Ald. Polk, Ald. Wendt, Ald. Oppermann, and Ald. Beyer voted aye; Ald. Wagner and Ald. Mallory voted no. The motion carried 5 to 2.

intersection reconfiguration - north puerner street and highway 26

Ald. Polk introduced Resolution No. 129.

CITY OF JEFFERSON
RESOLUTION nO. 129

BE IT RESOLVED by the Common Council of the City of Jefferson that the intersection reconfiguration as developed by the City Engineer and the engineering firm of Graef, Anhalt, Schloemer is hereby accepted. And,

BE IT FURTHER RESOLVED that this reconfiguration be incorporated into the 1996 Highway 26 improvement project.

Ald. Polk, seconded by Ald. Oppermann moved to approve Resolution No. 129.

Mr. Mark Lillegard of Graef, Anhalt & Schloemer, the engineering firm that is working on the Puerner Street Bridge project, explained the proposed Puerner Street and Highway 26 intersection layout that they had developed and that the State had agreed to incorporate into their Highway 26 reconstruction project beginning next month. The plan calls for a right turn lane and combination left turn and straight lane as you approach Highway 26 from west to east on Puerner Street. On the east side of the intersection there would be separate left, right, and straight lanes as you approach Highway 26.

City Engineer Schulz had also developed a proposed intersection with the difference being that there would be three separate lanes as you approach Hwy. 26 from west to east on Puerner Street.

Mayor Brawders asked Mr. Lillegard why his proposal only utilized two lanes on the west side, as compared to Mr. Schulz's version with three lanes.

Mr. Lillegard explained that traffic studies had been done and the traffic counts did not warrant putting in a separate through lane. Their estimates were that only 7 cars per hour want to go straight across Highway 26. Most traffic is either turning left or right. Mr. Lillegard added that the State Department of Transportation concurred with the numbers and would not support the three lane concept. He also stated that there were safety concerns involved with stop signs on three-lane roads, and that wider streets did not always mean increased safety.

Significant discussion took place over safety issues, the offset of the proposed intersection, and whether the west side of Puerner should have three separate lanes or two. City Administrator Karl Frantz stated that perhaps engineering details could be ironed out through a joint meeting, with Mr. Lillegard and Schulz to also include the DOT if possible. Ald. Wendt, seconded by Ald. Beyer moved to table Resolution No. 129 for one week to allow the City Engineer, Mr. Lillegard from Graef, Anhalt Schloemer and the DOT to get together and iron out a compromise on the layout of the intersection that would be acceptable to the Council. On call of the roll, the motion to table Resolution No. 129 passed unanimously.

quotes for repairs to the roof of the greenwood cemetery chapel

Ald. Wagner introduced Resolution No. 130.

CITY OF JEFFERSON
RESOLUTION nO. 130

BE IT RESOLVED by the Common Council of the City of Jefferson that the City Administrator is hereby authorized to review quotes to be obtained by the Greenwood Cemetery Chapel Association for repairs to the roof of the Greenwood Cemetery Chapel.

Ald. Wagner, seconded by Ald. Beyer moved to approve Resolution No. 130.

Ald. Mallory stated that the Finance Committee was of the opinion that the chapel must be fixed or torn down, therefore, their consensus was to recommend this resolution.

On call of the roll, the motion to accept Resolution No. 130 carried unanimously.

 

approving 1995 sewer utility compliance maintenance annual report

Ald. Oppermann introduced Resolution No. 131.

CITY OF JEFFERSON

RESOLUTION NO. 131

BE IT RESOLVED that the Common Council of the City of Jefferson hereby informs the Department of Natural Resources that said Council has reviewed the Compliance Maintenance Annual Report for calendar year 1995 which is attached hereto as part of this resolution.

Ald. Oppermann, seconded by Ald. Beyer moved to approve Resolution No. 131.

Wastewater Treatment Superintendent Michael Kelly reviewed the purpose of this annual Compliance Maintenance Report. He stated that one of the main uses of this report is to inform the Council of any potential and/or future problems that may be occurring at the Wastewater Treatment Plant.

Superintendent Kelly further explained that the report is based on a point system. Voluntary actions are recommended, from 71-120 the Department recommends action and over 121 action is required. The City of Jefferson Wastewater Plant has acquired 20 points. Ten of those points were acquired due to the age of the plant at one point per year of age, and the other 10 points were acquired because of our lack of sludge storage. Six months of storage accumulates 0 points while 4 to 5 equates to 10 months. The DNR best case is that a plant have a 180 day capacity and the Jefferson plant only has capacity enough for 4 to 5 months. Overall, the plant continues to operate well, and rates are comparatively low. Mayor Brawders commended Superintendent Kelly and his staff for a job well done.

Roll was then called on Resolution No. 131. The motion carried on a voice vote.

MINUTES

Ald. Wagner, seconded by Ald. Oppermann moved to approve the minutes of the regular and closed session meetings of the Council on March 5, 1996.

The minutes were approved on a vote of 7 to 0.

FINANCE COMMITTEE

VOUCHERS PAYABLE

Ald. Oppermann, seconded by Ald. Mallory moved to approve the vouchers payable for December, 1995, February and April, 1996, in the amounts of $1,343.85, $21,153.11 and $178,662.87 respectively. On call of the roll, the motion carried unanimously.

PAYROLL

Ald. Oppermann, seconded by Ald. Mallory moved to approve the payroll summary for March 1 and March 15 in the amounts of $25,013.33 and $25,184.15. On call of the roll, the motion carried unanimously.

REGULATORY COMMITTEE

SPECIAL CLASS "B" LICENSES

Ald. Wagner, seconded by Ald. Rogers moved to recommend the issuance of Special Class "B" Licenses to: El Club Campesino, Jefferson County Activity Center, April 6-7 1996, and May 11-12, 1996 (beer and wine); Conquista Club, Jefferson County Activity Center, March 30-31, 1996 and May 18-19, 1996 (beer). Motion carried unanimously.

REPORTS

CITY ATTORNEY

City Attorney Ristow reiterated to the Council that he is resigning as City Attorney to take a Corporate Attorney position at the County. He officially begins work at the County on April 1, however, he will continue to help the City until his replacement is secured. Attorney Ristow stated that he has enjoyed his tenure with the City and he especially enjoyed working with the current Council.

CITY ADMINISTRATOR

The City Administrator reported on some potential street extensions that could be created as Puerner Street is extended next year. There are ongoing constructive negotiations about Clark Street being extended to Jackson and the Plan Commission is recommending the extension of Windsor Terrace beyond Puerner Street south..

Ald. Wendt requested that there be a poll of the tavern owners on how they feel the taxi service is doing. He has heard several complaints.

C.A Frantz stated that the cab service has been contacted and checked logs. Mr. McKinty had stated that the service operates as per contract until 1:50 on weekends. Calls later than that are not taken. City Administrator Frantz said more research could be undertaken.

COMMITTEES

Ald. Wagner stated that the Regulatory Committee did approve the Home Show placing a banner over Main Street.

Ald. Polk reported that the Streets Health Sanitation Committee recommended that Graef, Anhalt Schloemer be hired to do the walking bridge study. Their bid was $1,600. This would be on the next Council agenda.

Ald. Mallory, seconded by Ald. Oppermann moved to adjourn to closed session pursuant to Section 19.85(1)(e) of the Wisconsin State Statutes to discuss the purchase of public property. The motion carried unanimously.

These minutes of the March 26, 1996, meeting of the Common Council are uncorrected. Any corrections made thereto will be noted in the proceedings at which time the minutes are approved.

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