Jefferson City Council - Minutes - 1996

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MINUTES

CITY OF JEFFERSON COMMON COUNCIL MEETING

TUESDAY, SEPTEMBER 17, 1996

 

The Tuesday, September 17, 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. Carnes, Ald. Rogers, Ald. Polk, Ald. Wendt, Ald. Oppermann and Ald. Beyer. Ald. Wendorf was absent. Also present was City Administrator Frantz, City Attorney Scheibel, Police Chief Besel and City Engineer Ludwig.

communications

Mayor Brawders read a letter from property owners on Collins Road voicing their opposition to sidewalk construction from Hillside Drive to Wisconsin Drive on Collins Road.

Ald. Wendt stated that he had received three letters from residents voicing their concerns about the Rock River Dam being open.

public participation

Mr. Ken Pugh of 551 Elm Street voiced his opposition to there being any more St. Coletta group homes in his immediate neighborhood.

Mr. Dave Lorbecki of 714 Windsor addressed the Council on his concerns for the Rock River Dam and requested that the Common Council speak to the DNR and get permission to close the dam. Mr. Lorbecki also loaned the Council a 13 minute video tape of a fly over of the Rock River, north of the dam.

The City Administrator stated that the DNR will be conducting a public meeting in early October to address residents concerns. The DNR also stated that normally at this time of year there would be 250 cubic feet of water per minute running in the Rock River, however, due to the lack of rain there is only 125 cubic feet running now.

Mr. Ed Soleska of W4402 Hwy. 18, talked about the appalling sites on the river banks with the water drawn down. Mr. Soleska also stated that he believed the river would lower another 2 feet with the dam gone entirely.

The City Administrator stated that there have been some benefits to the river draw down in that some sewer drain pipes, probably there since the 1800's have been found and will be connected.

Mr. Merlin Seitz of 424 S. Highland inquired what is happening with Meadow Springs.

Mr. Dave Schroeder of 765 Lucas Lane stated that he wanted to know why item #10-Disbursement of funds to G.A.S. for engineering services on Puerner Street/Hwy. 26, was on the agenda. Why are they owed more money?

Also, Mr. Schroeder stated that he did not believe that the Council should spend taxpayer money on a fly over of the river, however, they should close the dam.

Mr. Pete Schicker of 7 Linden Circle volunteered his services as a local pilot to defray from the cost of a fly over.

Mr. Bob Stade of 726 Oakwood Court stated his opposition to the sidewalk project on Collins Road.

Mr. Tim Bare of 223 W. North Street gave the Council a video tape of a fly over of the river and stated his opposition to the dam gates being open.

consent agenda

Ald. Wagner introduced Resolution No. 77.

CITY OF JEFFERSON
RESOLUTION nO. 77

BE IT RESOLVED by the Common Council of the City of Jefferson that the consent agenda for September 17, 1996, is hereby adopted.

Ald. Wagner, seconded by Ald. Beyer moved to approve Resolution No. 77.

The consent agenda for tonight included:

Vouchers Payable for August and September, 1996, in the amounts of $981.28 & $178,201.79 respectively.

General Payroll Summary for August 30, 1996, in the amount of $65,448.53.

Council Minutes of the regular meeting of September 3, 1996.

Licenses as recommended by the Regulatory Committee as follows:

A Special Class "B" License to: The Humane Society of Jefferson County Inc., October 20, 1996 at the Fair View Inn, 711 West Racine Street, Jefferson, Wisconsin, (BEER ONLY) contingent that they furnish their own bartenders.

sidewalk improvements on collins road

Mayor Brawders called the public hearing to order.

City Administrator Frantz read the Notice of Public Hearing.

City Engineer Dan Ludwig gave an explanation of the proposed sidewalk construction on Collins Road.

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.

The following people spoke out against the sidewalk project on Collins Road: Don Jaeger of 611 Collins Rd.; Ann Copsy of 515 Collins Rd.; James Lischka of 601 Collins Rd.; and Pete Schicker of 7 Linden Circle.

Dan Calloway of 1330 Hillside suggested that the Council wait until Phase I of the sidewalk project is done, which will include his property and let the people see how it looks before going into Phase II.

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

Ald. Polk introduced Resolution No. 78.

CITY OF JEFFERSON

FINAL RESOLUTION NO. 78

Final Resolution authorizing sidewalk improvements and levying special assessments against benefited properties.

WHEREAS, the Common Council of the City of Jefferson, Wisconsin, held a public hearing at City Hall at 7:30 p.m. on the 17th day of September, 1996, for the purpose of hearing all interested persons concerning the preliminary report on the following proposed improvements:

4,780 lineal feet of Sidewalk on the north and south side of Collins Road from Hillside Drive to Wisconsin Drive.


735 lineal feet of retaining wall along Collins Road from Hillside Drive to Wisconsin Drive.


NOW, THEREFORE, BE IT RESOLVED
by the Common Council of the City of Jefferson, as follows:

  1. The report pertaining to the above described public improvement is hereby adopted and approved.
  2. That the City shall carry out the improvements in accordance with the report.
  3. That payment for the improvements shall be made by assessing the costs to the properties benefited as indicated in the report.
  4. That assessments shown in the report representing an exercise of police powers, have been determined on a reasonable basis and are hereby confirmed.
  5. That any interested property owner may object to each assessment separately or all assessments jointly for any purpose.
  6. That the assessments shall be paid in full (or in 4 annual installments) when arrangements have been made in advance with the City Administrator. The minimum principle payments which shall be allowed under the installment plan shall be $100 per year. Deferred payment shall bear interest at a rate of 5.5% per annum on the unpaid balance. Installments or assessments not paid when due shall bear additional interest on the amount due at a rate of 12% per annum.
  7. That the City Administrator shall publish this resolution as a Class One Notice and shall mail a copy of this resolution and a statement of final assessment against the benefited property to every property owner who's name appears on the assessment roll and whose post office address is known or can with reasonable diligence be ascertained.

Ald. Polk, seconded by Ald. Beyer moved to approve Resolution No. 78.

Mayor Brawders stated that this project has been discussed for a couple of years and with the growth of the South Business Park and potential development on the east end of Collins Road, he believes that now is the time to consider a sidewalk along Collins Road, however, the Mayor also stated that the Council might consider just the north side of Collins Road at this time.

Ald. Rogers stated that after speaking with several of her constituents, she believes that this project is premature and should be tabled for further consideration.

Ald. Rogers, seconded by Ald. Wagner moved to table Resolution No. 78.

Ald. Polk stated that as part of the Streets, Health Sanitation Committee they did look initially at just doing Phase I first. However, with the major growth the city has experienced in the last 15 years and county estimates of 500 new residents in the area by the year 2010, the Committee is recommending sidewalks be constructed along all of Collins Road at this time.

Ald. Beyer, also a member of the Streets Committee, stated her agreement with Ald. Polk and added that to wait on this project would only mean that the cost would be higher.

Ald. Oppermann, an alternate member on the Streets Committee, also added that the sidewalk project is in no way connected to the street repair project. The street repair on Collins Road will occur as planned whether the sidewalk is done or not.

The Mayor then called for a vote on the motion to table Resolution No. 78. On call of the roll, Ald. Rogers and Ald. Wagner voted aye; Ald. Carnes, Ald. Polk, Ald. Wendt, Ald. Oppermann and Ald. Beyer voted no. The motion failed on a vote of 2-5.

Ald. Wagner, seconded by Ald. Carnes moved to amend Resolution No. 78 to place sidewalk on the north side of Collins Road only.

Ald. Beyer stated that she believed both sides of the street should be done. The City backed away from sidewalk on both sides of Wisconsin Drive and now people are questioning why there isn't a sidewalk on the west side for people going to the park.

Ald. Oppermann stated that the city needs to keep up with infrastructure needs. The completion of this sidewalk to Wisconsin Drive completes a crucial loop around the city. However, Ald. Oppermann does see some rationale to only doing the north side of the street at this time. Ald. Oppermann suggested that a possible compromise would be to split the cost of a sidewalk on just one side between the residents of both sides.

Ald. Wendt stated that he would support the original resolution for sidewalk on both sides. Sidewalks don't necessarily benefit the property owners. The benefit is to the neighbors and with the rapid growth on the south side, he believes the need for sidewalk will only increase.

Ald. Rogers stated that she knows that no matter what decisions are made, you cannot please everyone. She stated that she will support sidewalk being constructed on the north side of Collins Road.

The Mayor called for a vote on the amendment to change Resolution No. 78 to read the north side of Collins Road only. On call of the roll: Ald. Rogers, Ald. Oppermann, Ald. Wagner, and Ald. Carnes voted aye; Ald. Polk, Ald. Wendt, and Ald. Beyer voted no. The amendment carried on a vote of 4 to 3.

Roll was then called on Amended Resolution No. 78. On call of the roll: Ald. Rogers, Ald. Oppermann, Ald. Wagner, and Ald. Carnes voted aye; Ald. Polk, Ald. Wendt, and Ald. Beyer voted no. The motion carried on a vote of 4 to 3.

Mayor Brawders revised the order of the agenda to discuss the group homes within the proposed Meadow Springs/St. Coletta Development next to accommodate the residents in the gallery.

group homes within proposed meadow springs/st. coletta development

The City Administrator first gave a comprehensive overview of this entire project which has developed over the last year. The City Administrator explained that all aspects of the project between Meadow Springs, St. Coletta, and the City were progressing in good faith until the controversy with the potential group home on Kranz Avenue began. St. Coletta is now looking for some assurance from the City that they will be able to build some group homes within the development around the golf course. Until they have those assurances the financing and lease agreements with Meadow Springs are on hold.

City Administrator Frantz stated that he has had some discussions with the golf course developers and their lawyers, and St. Coletta attorneys. He did explain that due to federal laws and mandates, St. Coletta cannot be denied some group homes in the development area, as long as they are reasonably disbursed. However, St. Coletta is looking for a more substantial, written commitment from the City.

City Attorney Scheibel explained, however, that the City cannot necessarily commit to a specific number of homes. If they did, and another party, other than St. Coletta, in the development approached later asking for permission for a group home and we stated that was not possible because of our agreement with St. Coletta, it could be considered discriminatory.

Ms. Jeanne Whitish of the Madison Golf Development Co. told the Council that this was a very sensitive issue. However, if there is not a resolution in the very near future, the entire project could unravel.

After further discussion on the ins and outs of what the City could do or not do for St. Coletta, Ald. Wendt stated that he wished to read Resolution No. 84 for the record to show the City's support for St. Coletta and the work they do.

Ald. Wendt introduced Resolution No. 84.

CITY OF JEFFERSON
RESOLUTION nO. 84

BE IT RESOLVED by the Common Council of the City of Jefferson that the Common Council hereby recognizes that St. Coletta intends to develop or have developed a substantial residential subdivision contiguous to the Meadow Springs Golf Course Expansion. And,

BE IT FURTHER RESOLVED that the Common Council acknowledges that within said development St. Coletta desires the ability to intersperse residential living arrangements for developmentally disabled clients of St. Coletta and its families, that may include caretakers residences. And,

THEREFORE, BE IT RESOLVED by the Common Council of the City of Jefferson that in recognition of the fact that the proposed development is of positive benefit to the City, St. Coletta, and Meadow Springs, the Common Council hereby indicates its general support for the appropriate interspersing of residential living arrangements and caretakers residences for St. Coletta developmentally disabled clients within said subdivision, subdivision(s), or Planned Residential Developments.

Ald. Wendt moved to approve Resolution No. 84. Ald. Beyer seconded for discussion purposes.

After further discussion, there was a consensus that the Council needed more information from St. Coletta as to what they want and need to continue with their project with Meadow Springs.

Ald. Wagner, seconded by Ald. Polk moved to table Resolution No. 84 until further discussion and information can be brought to the Council. On call of the roll: Ald. Polk, Ald. Oppermann, Ald. Beyer, Ald. Wagner, Ald. Carnes, and Ald. Rogers voted aye. Ald. Wendt voted no. The motion to table passed on a vote of 6 to 1.

CONTRACT WITH TOWN & COUNTRY ENGINEERING FOR SEWER, WATER, STREET ENGINEERING SERVICES ON NORTH PARKWAY

Ald. Oppermann introduced Resolution No. 79.

CITY OF JEFFERSON
RESOLUTION nO. 79

BE IT RESOLVED by the Common Council of the City of Jefferson that the City Administrator is hereby authorized to contract with Town & Country Engineering for sewer, water, street improvement engineering services for the extension of North Parkway with a total estimated cost of $8,300.

Ald. Oppermann, seconded by Ald. Beyer moved to approve Resolution No. 79.

Ald. Oppermann stated that the Finance Committee recommends passage of this resolution.

On call of the roll, the motion carried unanimously.

relocation orders for right-of-way acquisition associated with the puerner street bridge project

Ald. Rogers introduced Resolution No. 80.

CITY OF JEFFERSON
RESOLUTION nO. 80

A Resolution establishing the Relocation Order for the relocation and acquisition of right-of-way and temporary easements on West Puerner Street, City of Jefferson.

WHEREAS, to properly establish, layout, widen, construct, reconstruct, improve, or maintain a portion of the highway hereinafter described, it is necessary to relocate or change and acquire certain lands or interests in lands, as shown on the Right-of-Way plat required for West Puerner Street, City of Jefferson. Project ID 3993-00-06/07, dated September 17, 1996; and

WHEREAS, the termini of the West Puerner Street project is more particularly described as follows:

Beginning at a point 63.163 meters (207.23 feet) south and 24.207 meters (79.42 feet) east of the West corner of Section 2, T6N, R14E and proceeding in an easterly direction to a point 65.763 meters (215.76 feet) and 717.188 meters (2,352.97 feet) east of the West corner of Section 2, T6N, R14E.

NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Jefferson, pursuant to authority granted under Section 62.22, Wisconsin Statutes, the City of Jefferson orders that:

  1. The said local street is laid out and established to the lines and widths as shown on the plat.
  2. The required lands or interests in lands as shown on the plat shall be acquired by the City of Jefferson in accordance with said plat; and
  3. This order supersedes and amends any previous order issued by the City of Jefferson, Wisconsin.

Ald. Rogers, seconded by Ald. Beyer moved to approve Resolution No. 80.

On call of the roll, the motion carried unanimously.

storm water drainage study

Ald. Carnes introduced Resolution No. 81.

CITY OF JEFFERSON
RESOLUTION nO. 81

BE IT RESOLVED by the Common Council of the City of Jefferson that the City Administrator is hereby authorized to enter into a contract with Strand Associates for a storm water drainage study in an estimated amount of $1,900.

Ald. Carnes, seconded by Ald. Rogers moved to approve Resolution No. 81.

Ald. Oppermann stated that the Finance Committee unanimously approved this study.

On call of the roll, the motion carried unanimously.

disbursement to gas for engineering services on puerner street/highway 26 intersection

Ald. Carnes introduced Resolution No. 82.

CITY OF JEFFERSON
RESOLUTION nO. 82

BE IT RESOLVED by the Common Council of the City of Jefferson that the City Administrator is hereby authorized to disburse an additional $2,162.50 for engineering services on the Puerner Street/Highway 26 intersection.

Ald. Carnes, seconded by Ald. Oppermann moved to approve Resolution No. 82.

Ald. Oppermann stated that the Finance Committee approved this amount as a justifiable portion of the billing to cover additional work by G.A.S.

Roll was then called on Resolution No. 82. On call of the roll, the motion carried unanimously.

disbursement to greenwood cemetary association

Ald. Beyer introduced Resolution No. 83.

CITY OF JEFFERSON
RESOLUTION nO. 83

BE IT RESOLVED by the Common Council of the City of Jefferson that the City Administrator is hereby authorized to disburse from the Contingency Fund $4,000 to the Greenwood Cemetery Association.

Ald. Beyer, seconded by Ald. Rogers moved to approve Resolution No. 83.

Ald. Oppermann, seconded by Ald. Wendt moved to amend Resolution No. 83 to $1,000.

Ald. Oppermann stated that the Finance Committee does not recommend the $4,000 payment. The Greenwood Cemetery was budgeted for $10,000 from the City this year and $9,000 of that allotment has been distributed to them to date.

Ald. Beyer and Ald. Wagner stated that they were not in favor of the amendment. The Cemetery Association has no other funding available to use to pay these bills for maintenance of the cemetery.

The City Administrator stated that during the development of the 1996 budget, the understanding was that $10,000 would cover all regular expenses and the re-roofing project that had to be done in 1996. Apparently that was not the case. The Association now states that it takes $10,000 just for the regular maintenance and the $4,000 for the roof was above and beyond that figure.

Roll was then called on the amendment to disburse $1,000 instead of $4,000 to the Greenwood Cemetery Association. On call of the roll: Ald. Oppermann and Ald. Wendt voted aye; Ald. Beyer, Ald. Wagner, Ald. Carnes, Ald. Rogers, and Ald. Polk voted no. The amendment was defeated 2 to 5.

Roll was then called on Resolution No. 83. On call of the roll: Ald. Beyer, Ald. Wagner, Ald. Carnes, Ald. Rogers, Ald. Polk, and Ald. Wendt voted aye; Ald. Oppermann voted no. The resolution passed on a vote of 6 to 1.

placement of yield to pedestrian signs

Ald. Oppermann, introduced Resolution No. 85.

CITY OF JEFFERSON
RESOLUTION nO. 85

BE IT RESOLVED by the Common Council of the City of Jefferson that the Director of Public Works is hereby authorized to purchase and place yield to pedestrian signs on the center lines of South Main Street at the intersections of Milwaukee and Dodge Streets.

Ald. Oppermann, seconded by Ald. Wagner moved to approve Resolution No. 85.

Ald. Wagner stated that the Regulatory approved this resolution unanimously.

After discussion, a voice vote was called on Resolution No. 85. On voice vote the motion carried with one no vote from Ald. Beyer.

planning services agreement

Ald. Wendt introduced Resolution No. 86.

CITY OF JEFFERSON
RESOLUTION nO. 86

BE IT RESOLVED by the Common Council of the City of Jefferson that the City Administrator is hereby authorized to enter into an agreement with Vandewalle Associates for development of a planning proposal to develop the Slawson property in an amount not to exceed $3,000.

Ald. Wendt, seconded by Ald. Oppermann moved to approve Resolution No. 86.

On call of the roll, the motion carried unanimously.

contract for municipal building cleaning services

Ald. Beyer introduced Resolution No. 87.

CITY OF JEFFERSON
RESOLUTION nO. 87

BE IT RESOLVED by the Common Council of the City of Jefferson that the City Administrator is hereby authorized to enter into a two year contract for municipal building cleaning services with Happy Vac Cleaning Service in the amount of $1,479 per month in 1997, and the amount of $1,508.50 per month in 1998, on the same terms and conditions of the contract entered into January 1, 1995.

Ald. Beyer, seconded by Ald. Wendt moved to approve Resolution No. 87.

On call of the roll, the motion carried unanimously.

committee of the whole meeting and fly over of rock river

Ald. Wendt stated that he wished to withdraw Resolution No. 88, since receiving the two video tapes of the river north of the dam, it is no longer necessary for the Council to fly over the river themselves.

Ald. Wagner, seconded by Ald. Carnes, moved to adjourn to Closed Session pursuant to Section 19.85(1)(c) and (e) of the Wisconsin State Statutes to discuss employment and purchase of public property.

On call of the roll, the motion carried unanimously.

Ald. Oppermann, seconded by Ald. Beyer, moved to reconvene to open session.

On call of the roll, the motion carried unanimously.

resignation of city administrator and appointing city attorney as acting city administrator

Ald. Wagner introduced Resolution No. 89.

CITY OF JEFFERSON
RESOLUTION nO. 89

BE IT RESOLVED by the Common Council of the City of Jefferson that the Common Council hereby accepts the resignation of Karl P. Frantz, the City Administrator, and hereby appoints Scott Scheibel as acting City Administrator, to be compensated accordingly, until a successor is employed.

Ald. Wagner, seconded by Ald. Rogers moved to approve Resolution No. 89.

The consensus of the Mayor and Common Council was that Karl has done a fine job for the City of Jefferson and he will be missed.

Roll was then called on Resolution No. 89. On call of the roll, the motion carried unanimously.

 

hire of wwtp operator

Ald. Carnes introduced Resolution No. 90.

CITY OF JEFFERSON
RESOLUTION nO. 90

BE IT RESOLVED by the Common Council of the City of Jefferson that the City Administrator is hereby authorized to hire Mr. Todd Clark to the position of Wastewater Treatment Plant Operator, and in conformance with the AFSCME union compensation plan at a starting salary of $11.2050 per hour.

Ald. Carnes, seconded by Ald. Beyer moved to approve Resolution No. 90.

On call of the roll, the motion carried unanimously.

Labor negotiations with jefferson police officers association

Ald. Rogers introduced Resolution No. 91.

CITY OF JEFFERSON
RESOLUTION nO. 91

BE IT RESOLVED by the Common Council of the City of Jefferson that the City Administrator is hereby authorized to commence negotiations with the Jefferson Police Officers' Association and Roger Walsh, of the firm Davis & Kuelthau is hereby retained for legal assistance in said negotiations.

Ald. Rogers, seconded by Ald. Carnes moved to approve Resolution No. 91.

On call of the roll, the motion carried unanimously.

REPORTS

CHIEF OF POLICE

Police Chief Besel thanked the Council for the use of the Ganser farm for training. He reported that they had a very good training session there with the FBI.

Ald. Wendt expressed concern for people walking out on the spillway to fish now that the water is down.

Chief Besel explained that there is only one sign on the east side of the dam warning that people should stay off the dam.

Chief Besel was asked to post the other side of the dam before the rocks become wet from a rain.

CITY ENGINEER

City Engineer Ludwig reported that he had inspected the North Street Bridge, as requested by the Council at the last meeting, and believes that it would be overkill to totally resurface the bridge. Patching will be done as necessary.

The City Engineer also reported speaking with the developers of Meadow Springs regarding bicycle lanes on South Dewey and they are looking into that consideration in their final plans.

Mr. Ludwig also reported that the contractors for the handicapped ramps on the east side of the City had completed their first eight ramps and the City Engineer inspected and approved them. He also gave the contractor the go ahead to work on the next 20 ramps.

CITY ATTORNEY

The City Attorney reported on the status of the Strassberg variance denial and Richie property condemnation.

CITY ADMINISTRATOR

The City Administrator reported that the DIHLR inspector had returned for his re-inspection of the City and commended the City on our thorough job of complying with their orders.

Karl also reported that he would be working on setting up a meeting with the DNR and the public on the dam issue.

The City Administrator also reported that the 1997 budget process was proceeding.

In closing, Karl stated that he has enjoyed working for the City of Jefferson and that the Mayor, Council, Department Heads and staff have made his job here very pleasurable. He also commented that it was sad to hear that Mr. Coffman was also resigning to run the new Shell Station on the south end of town. The City will miss his contribution also.

Ald. Wagner, seconded by Ald. Wendt moved to adjourn the Tuesday, September 17, 1996, meeting of the City of Jefferson Common Council. The motion carried unanimously.

These minutes of the Tuesday, September 17, 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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