MINUTES

CITY OF JEFFERSON COMMON COUNCIL MEETING

TUESDAY, JUNE 3, 1997

 

The Tuesday, June 3, 1997, 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 Schornack, City Attorney Scheibel, Police Chief Besel, City Engineer Ludwig and Administrative Assistant Sellnow.

communications

Ald. Beyer announced that the Jefferson Eagles Baseball Team is going to State. Congratulations and continued success to the Jefferson Eagles.

Mayor Brawders read a letter of thanks from Paul Kronis, for the well wishes extended by the Mayor and Alderpersons during his illness.

Water & electric report

Water & Electric Superintendent Bruce Folbrecht reported that the Electric Department has spent a great deal of time preparing for the possible power shortages that could occur this summer. They have identified the homebound that rely on electricity for medical needs and they have been assigned a priority. Superintendent Folbrecht stated that the Electric Department is as prepared as they can be in case of a power shortage. It is estimated that the nuclear power plants around Wisconsin will be back in service some time in June.

Superintendent Folbrecht then reported that the Water Department has awarded a contract for new water main across the new West Puerner Street bridge. The Water Department is also in the design phase of a new water tower to replace the 1920 water tower on the northeast side of the city. The new tower will hold 4 times the amount of water as the old tower and cost approximately $800,000. (Funding for this project has been reserved and will require no borrowing.) Construction is set for 1998. Mr. Folbrecht also stated that the water pressure and supply should not be effected during the construction unless something extraordinary happens.

PUBLIC HEARING & PROPOSED ORDINANCE ON REZONING OF 152 w. CANDISE

Mayor Brawders called the public hearing to order.

City Administrator Schornack read the Notice of Public Hearing.

City Engineer Dan Ludwig gave an explanation of the proposed amendment to the official map.

The City Engineer reported that this rezoning is requested to accommodate a Home Health Care Service to be run from this location. This request was presented to the Plan Commission who actually tabled the matter until the City Engineer could contact the neighboring property, 142 W. Candise, to request that it also be rezoned to Central Business to avoid spot zoning.

The City Engineer then stated that he has talked with the owner of 142 W. Candise and he is favorable to the rezoning and the first reading of that rezoning is on tonight's agenda also.

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.

Ms. Bonnie DeVault, owner of 152 W. Candise, stated that she has talked with the neighboring properties and they have no objections to the rezoning.

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

Ald. Wendt introduced Ordinance #11-97 for its second reading.

CITY OF JEFFERSON

ORDINANCE #11-97

An ordinance to amend Section 17.04 (2)(b) 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(2)(b) 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 Single Family (R-1) District and adding said property to the Central Business (BC) District:

Description: Lot 9, Block 8, Howell's Addition

Parcel #: 06-14-02-34-71

Address: 152 W. Candise Street

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 #11-97.

Ald. Wendt, seconded by Ald. Polk moved to amend Proposed Ordinance #11-97 to make it conditional on 142 W. Candise being rezoned to Central Business District. The motion carried on a voice vote.

public hearing and final resolution on sPECIAL ASSESSMENTS for bITUMINOUS, sIDEWALK, sTORM SEWER, AND CURB AND GUTTER IMPROVEMENTS ON NORTH JACKSON AND CLARK

Mayor Brawders called the public hearing to order.

City Administrator Schornack read the Notice of Public Hearing.

City Engineer Dan Ludwig gave an explanation of the proposed improvements.

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. John Spangler, owner of the property along Clark Street requested a tabling of that portion of the special assessments until further details could be worked out.

Mr. Don Smith of 747 Hyer Drive stated that he felt that sidewalk was not needed in the area.

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

Ald. Polk introduced Resolution No. 29.

CITY OF JEFFERSON

FINAL RESOLUTION NO. 29

Final Resolution authorizing bituminous, sidewalk, storm sewer, and curb & gutter 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 3rd day of June, 1997, for the purpose of hearing all interested persons concerning the preliminary report on the following proposed improvements:

Bituminous: Approximately 1,545 lineal feet along N. Jackson Avenue from Clark Street to Hyer Drive and approximately 450 lineal feet along Clark Street from Hyer Drive to N. Jackson Avenue.

Sidewalk: Approximately 900 lineal feet along Clark Street from Hyer Drive to N. Jackson Avenue.

Storm Sewer: Approximately 750 lineal feet along N. Jackson Avenue from Clark Street to Hyer Drive and approximately 390 lineal feet along Clark Street from Hyer Drive to N. Jackson Avenue.

Curb and Gutter: Approximately 2,585 lineal feet along N. Jackson Avenue from Clark Street to Hyer Drive and approximately 900 lineal feet along Clark Street from Hyer Drive to N. Jackson Avenue.

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 10 annual installments) when arrangements have been made in advance with the City Administrator. The minimum principal payments which shall be allowed under the installment plan shall be $100 per year. Deferred payment shall bear interest at a rate of 9% 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. Oppermann moved to approve Final Resolution No. 29.

Ald. Wagner motioned to amend Final Resolution No. 29 to not include sidewalk from Bayfield Drive north to West Spangler Street on either side. The motion died for the lack of a second.

Ald. Oppermann asked what the ramifications would be to the overall project if Clark Street was postponed.

The City Engineer stated that it would not effect the rest of the project.

Ald. Oppermann, seconded by Ald. Beyer, moved to remove the Clark Street improvements from Final Resolution No. 29. The motion carried on a voice vote.

Ald. Wendt, seconded by Ald. Oppermann moved to add 5,200 lineal feet of sidewalk to both sides of North Jackson from West Spangler Street to the south fairgrounds entrance.

On call of the roll: Ald. Carnes, Ald. Rogers, Ald. Polk, Ald. Wendt, Ald. Oppermann and Ald. Beyer voted aye; Ald. Wagner voted no. The motion carried 6 to 1.

Roll was then called on the amended Final Resolution No. 29. The motion carried unanimously.

consent agenda

Ald. Beyer introduced Resolution No. 30.

CITY OF JEFFERSON
RESOLUTION nO. 30

BE IT RESOLVED by the Common Council of the City of Jefferson that the consent agenda for June 3, 1997, is hereby adopted.

The consent agenda for tonight includes:

Licenses as recommended by the Regulatory Committee.
OPERATOR'S LICENSES - One yr. renewals

Bentheimer

Christopher S.

105 Aztalan Lot 20

Johnson Creek

Bredlow

Brenda L.

N3720 Highway K

Jefferson

Brown

Russell S.

210 West Cramer

Fort Atkinson

Buck

Sandra L.

147 N. Main Street

Jefferson

Decoto

Michael E.

305 South Street, Apt. 6

Johnson Creek

Demoe

Robert C.

424 S. Center Ave

Jefferson

Geneman

Jeanette M.

609 W. Racine Street

Jefferson

Hagedorn

Haley L.

220 S. Watertown

Johnson Creek

Heinichen

Erich H.

N5619 Hillside Dr

Sullivan

Heinichen

Jeanne E.

N5619 Hillside Dr

Sullivan

Hibbard

Michael B.

W9317 Oakland Rd

Cambridge

Kucken

Mary L.

105 S. Main Street

Jefferson

Lorbecki

Jennifer M.

714 Windsor Terrace

Jefferson

Null

Charles W.

411 Wisconsin Drive #306

Jefferson

Orton

Minnie A.

205 W. Milwaukee Street

Jefferson

Pinnow

Scott A.

W1952 Staude Rd

Sullivan

Seeber

Linda L.

973 N. Dewey

Jefferson

Seisser

Jeffrey G.

423 East Dodge Street

Jefferson

Tucker

Melvin L.

411 North Elizabeth Ave

Jefferson

Wiese

Lana L.

309 W. Clark

Jefferson

Witkins

Donald R.

N2429 Highway D

Fort Atkinson

Witkins

Harold L.

711 W. Racine St

Jefferson

Witkins

Shirley K.

711 W. Racine St

Jefferson

Zick

Debra K.

205 Wisconsin Drive

Jefferson

Two Year

Renewals

   

Bieck

Dennis D.

224 Hillcrest

Jefferson

Braun

Cindy L.

124 E. Milwaukee Street

Jefferson

Castillo

Roberto V

Rt N1554 Hwy 106

Palmyra

Endl

Aaron J.

520 E. Racine

Jefferson

Fischer

Joann J.

152 N. Main Street, Apt B

Jefferson

Foskett

Mary L.

216 Maple Grove Dr

Jefferson

Frohmader

Brian S.

N3214 Will Rd

Jefferson

Jeffery

Gerald L.

926 Hillside Dr

Jefferson

Koehler

James G.

1201 Hickory Drive

Jefferson

Lavasser

Myrtle

906 Edgewood

Jefferson

Pfeifer

Lester E.

W4076 Hwy 18

Helenville

Pitzner

Susan

N4750 Popp Road

Jefferson

Reisdorf

Richard R.

660 Wisconsin Dr

Jefferson

Sanchez

Mary A.

238 E. John St

Jefferson

Sinicin

Mary L.

1306 Hillside Drive #1

Jefferson

Wolff

Cindy M.

N5576 Cty Q

Jefferson

New-One Year Licenses

Aumann

Jane R.

214 W. Riverview Drive

Jefferson

Becker-Whiting

Patricia A.

243 W. Racine Street

Jefferson

Hussey

James C.

813 East South Street

Jefferson

Mcdonald

Joselynn E.

215 Sloap Street

Johnson Creek

ALCOHOLIC BEVERAGE LICENSES

COMBINATION CLASS B LICENSES:

ESTABLISHMENT OWNER/AGENT/LEASEE ADDRESS

Butch's Corner Tap Brian J. Janke 101 E. Racine St.

Chicken's Riverfront Bar LLC Chicken's Riverfront Bar LLC/Edward E. Soleska AGENT 200 W. Milwaukee St.

Deegs Taco-N-Burger James R. Deegan 339 E. Racine St.

Fair View Inn, Inc. Fair View Inn, Inc./Jerry R. Witkins AGENT 711 W. Racine St.

Harder's Tavern Valeria E. Streich 202 S. Center Ave.

Imperial Saloon LKS., Inc./Lynda K. Strom AGENT 138 S. Main St.

Jane's Jane R. Calvillo 129 E. Racine St.

Ken's Towne Inn, Inc. Ken's Towne Inn, Inc./Kenneth A. Stuessi AGENT 124 W. Rockwell St.

Meadow Springs Country Club Jefferson Golf Management, LLC/Jeanne Whitish AGENT 424 S. Sanborn Ave.

Miss Kitty's Jefferson House B. B. & T. of Jefferson Inc../Michael L. Bein AGENT 135 S. Main St./123 W. Milwaukee

Ray's Bar Suck Em Up The Dog's Bollox, LLC/Mark Davey 115 E. Milwaukee St.

Rue's Premiere Lanes Gregory D. Rue 511 E. Racine St.

The Depot Richard T. Lien 211 S. Gardner St.

Veterans Foreign Wars Post 3589 Endl-Gruennert CMH Post 3589 VFW/Les Pfeifer AGENT 1420 S. Main St.

CLASS A BEER & LIQUOR RETAIL LICENSES

Liquor Shanty Gerald Pasutin/P.E. Boucher 138 W. Garland St.

M & J Liquor & Sports Store LLC M & J Liquor & Sports Store, LLC/Judith C. Bolger AGENT 625 S. Main St.

The Pitz Stop Liquor Jefferson Liquor & Sport Shop, Inc./Ronald Pitzner AGENT 120 W. North St.

CLASS A BEER LICENSES

Dave's Piggly Wiggly Dave L. Lorbecki 921 W. Racine St.

Frank's County Market Elkhorn-Lueptow's, Inc./Frank Lueptow 1525 S. Hwy 26

CLASS B BEER LICENSES

The Bronze Bean Bronze Bean Inc./Isa Riley AGENT 141 Collins Road

River Front Restaurant Neim Bekiri 149 Collins Road

St. John-Baptist Catholic Church St. John the Baptist Catholic Church/Father Terrence Connors 333 E. Church St.

CLASS "B" BEER LICENSE-LOS DOS AMIGOS, LLP

A Class "B" Beer license to Los Dos Amigos, LLP, Robert D. Hackney AGENT.

SPECIAL CLASS B' LICENSES

A Special Class "B" Licenses to the Jefferson Jaycees, Riverfront Park, July 5th, 1997 (BEER & WINE) and Jefferson County Fairgrounds June 21st, 1997 (BEER & WINE).

Ald. Beyer, seconded by Ald. Wagner moved to approve Resolution No. 30.

Ald. Wendt moved to amend the Closed Session Minutes to state that he was in favor of a new TIF District but not the land purchase.

Roll was then called on amended Resolution No. 30. The motion carried unanimously.

park land dedication or impact fees

Ald. Rogers introduced Ordinance #12-97 for its first reading.

CITY OF JEFFERSON

PROPOSED ORDINANCE #12-97

An ordinance to repeal and recreate Section 18.06 of the Municipal Code of the City of Jefferson.

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

Section 1. Section 18.06 of the municipal code, City of Jefferson, related to Public Sites and Open Spaces is hereby repealed and recreated, as follows:

Section 2. Section 18.06 PARK LAND DEDICATION OR IMPACT FEES

(1) DEDICATION OF PUBLIC PARKS & OTHER PUBLIC SITES. (a) In the design of a subdivision, including minor subdivisions, or planned area developments, the subdivider shall dedicate sufficient land area and/or fees to provide adequate park, playground, recreation and open space to meet the needs to be created by and to be provided for the subdivision, minor subdivision, or planned area development project. At least 1,750 square feet of land shall be dedicated for each proposed residential dwelling unit within the approved final subdivision, minor subdivision or planned area development project and 484 square feet of land for each institutional residential unit.
Where a definite commitment is made by the subdivider with respect to the number of dwelling units to be constructed on any parcel of land, the dedication shall be based on that number. Where no such commitment exists, the dedication shall be based on the maximum number of dwelling units permitted in the zoning district. If the number of lots in the plat or survey is increased, or the zoning classification is changed to increase the number of dwelling units allowed or the committed number of dwelling units is increased by the subdivider, developer or landowner, the Plan Commission shall require additional dedications for the allowed increase in dwelling units.

(b) Where, at the discretion of the Plan Commission, acting on the recommendation of the Park, Recreation and Forestry Commission, there is no land suitable for parks within the proposed subdivision or planned development project, or the dedication of land is not feasible, or the dedication of land would not be compatible with the City's Master Plan and Park and Open Space Plan, or
The Commissions determine that a cash contribution or combination of land and fees will better serve the public interest, and shall thereby require the developer to pay a fee-in-lieu of making the required land dedication.

(c) The amount of any fee imposed in lieu of land dedication shall be based on the lesser of either the "fair market value" of the amount of land which would otherwise be required to be dedicated or $150 for each institutional residential housing unit and $450 each for all other dwelling unit types. The maximum fee per dwelling unit may be adjusted annually for inflation per Common Council approval.

(d) Payment shall be in a lump sum prior to the recording of a final plat or certified survey map or prior to the issuance of any building permit for a development where no plat or certified survey map is involved.

  1. CREDIT FOR PRIVATE PARK AND RECREATION AREAS. Where private park and recreation areas are provided in a proposed planned area development district and such space is to be privately owned and maintained by the future residents of the development, such areas may be credited toward, but not to exceed 25% of, the requirement of dedication for park and recreation purposes.

Ald. Rogers, seconded by Ald. Wendt moved to approve Proposed Ordinance #12-97.

City Attorney Scheibel stated that he would prefer that this ordinance be tabled at this time. The City Attorney is awaiting verification from the League of Municipalities on the legality of some points in the ordinance.

Ald. Beyer, seconded by Ald. Rogers moved to table Proposed Ordinance #12-97. On call of the roll, the motion carried unanimously.

proposed ordinance to rezone 142 w. candise street

Ald. Carnes introduced Ordinance #13-97 for its first reading.

CITY OF JEFFERSON

ORDINANCE #13-97

An ordinance to amend Section 17.04 (2)(b) 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(2)(b) 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 Single Family (R-1) District and adding said property to the Central Business (BC) District:

Description: Lot 8, Block 8, Howell's Addition

Parcel #: 06-14-02-34-70

Address: 142 W. Candise Street

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.

This is a first reading.

proposed ordinance to repeal code related to fencing

Ald. Wagner introduced Ordinance #14-97 for its first reading.

CITY OF JEFFERSON

PROPOSED ORDINANCE #14-97

An ordinance to repeal Section 17.06(8)( c) of the Municipal Code of the City of Jefferson.

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

Section 1: Section 17.06(8)( c) is hereby repealed.

Section 2. This ordinance shall take effect upon passage and publication as required by law.

This is a first reading. This ordinance will be referred to the Plan Commission.

approval of bid for curb & gutter improvements on n. jackson and clark streets

Ald. Beyer introduced Resolution No. 31.

CITY OF JEFFERSON
RESOLUTION nO. 31


BE IT RESOLVED by the Common Council of the City of Jefferson that the City Administrator is hereby authorized to execute a contract with Parisi Construction of Verona, Wisconsin, for curb and gutter construction on North Jackson, in an amount not to exceed $37,609.60.

Ald. Beyer, seconded by Ald. Polk moved to approve Resolution No. 31. On call of the roll, the motion carried unanimously.

accepting bid for sidewalk improvements on north jackson and clark street

Ald. Oppermann introduced Resolution No. 32.

CITY OF JEFFERSON
RESOLUTION nO. 32


BE IT RESOLVED by the Common Council of the City of Jefferson that the City Administrator is hereby authorized execute a contract with Cattell of Madison, Wisconsin, for sidewalk construction on North Jackson, in an amount not to exceed $23,924.60.

Ald. Oppermann, seconded by Ald. Beyer moved to approve Resolution No. 32.

Ald. Beyer, seconded by Ald. Oppermann moved to amend the amount not to exceed $37,000, in lieu of the Council's decision to place sidewalk along North Jackson on both sides. The motion to amend passed on a voice vote.

Roll was then called on amended Resolution No. 32. The motion carried unanimously.

Ald. Beyer, seconded by Ald. Rogers, moved to adjourn to Closed Session pursuant to Section 19.85(1)( c) & (e) of the Wisconsin State Statutes to discuss the hire of personnel and the purchase of public property.

On call of the roll, the motion carried unanimously.

The Mayor reconvene to open session.

hire of park crew person

Ald. Beyer introduced Resolution No. 33.

CITY OF JEFFERSON
RESOLUTION nO. 33

BE IT RESOLVED by the Common Council of the City of Jefferson that the City Administrator is hereby authorized to hire Mr. Thomas Sukow for the position of Parks Crew Person, at a starting wage of $11.1268 per hour.

Ald. Beyer, seconded by Ald. Rogers moved to approve Resolution No. 33.

On call of the roll, Ald. Carnes, Ald. Rogers, Ald. Polk, Ald. Wendt, Ald. Oppermann, and Ald. Beyer voted aye; Ald. Wagner voted no. The motion carried 6 to 1.

hire of wwtp supervisor

This resolution was removed from the agenda.

frankiewicz property

Ald. Oppermann introduced Resolution No. 35.

CITY OF JEFFERSON
RESOLUTION nO. 35

BE IT RESOLVED by the Common Council of the City of Jefferson that the City Administrator and the City Attorney are hereby authorized to execute documents and consummate the purchase of approximately 18 acres of property from Allen & Frances Frankiewicz in the amount not to exceed $180,000, (with the DNR grant of $72,000), and the contingencies agreed upon by the Common Council.

Ald. Oppermann, seconded by Ald. Beyer moved to approve Resolution No. 35.

On call of the roll, Ald. Beyer, Ald. Oppermann, and Ald. Carnes voted aye; Ald. Wagner, Ald. Rogers, Ald. Polk, and Ald. Wendt voted no. The motion was defeated 4 to 3.

REPORTS

CHIEF OF POLICE

Chief Besel reported on a conference he attended with the State Attorney, in which the topic was the when and how to inform the public of sexual offenders living in your community.

CITY ENGINEER

The City Engineer reported that Crawfish Avenue will be ready for blacktop by mid-June.

CITY ATTORNEY

The City Attorney gave a report on Deer Creek Court.

CITY ADMINISTRATOR

City Administrator Schornack reported on the following:

Ald. Carnes, seconded by Ald. Rogers moved to adjourn the June 3, 1997, meeting of the City of Jefferson Common Council. The motion carried unanimously.

These minutes of the June 3, 1997, meeting of the Common Council are uncorrected. Any corrections made thereto will be noted in the proceedings at which time the minutes are approved.

Please Publish: by Monday

need an affidavit

not in the legal section