MINUTES

CITY OF JEFFERSON

COMMON COUNCIL MEETING

TUESDAY, JULY 1, 1997

 

The Tuesday, July 1, 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. Wendorf, Ald. Carnes, Ald. Rogers, Ald. Polk, Ald. Oppermann and Ald. Beyer. Also present was City Administrator Schornack, City Attorney Scheibel, Police Chief Besel, City Engineer Ludwig and Administrative Assistant Sellnow.

communications

Mayor Brawders read a letter from Mr. Bill Brandel in which he stated that he wanted to withdraw his name from consideration as an Alderperson-At-Large. Mr. Brandel stated that he was very pleased to hear that four other residents of the city had come forward for consideration to sit on the Common Council, any of whom are well qualified to be an Alderperson. And since Mr. Brandel has been on the Council previously, he felt that he would withdraw his name to allow for someone new to have the opportunity to serve.

public participation

Mr. Tim Bare, 223 W. North, candidate for Alderperson-at-large, stated that he hoped the Council would consider him for the vacant position on the Council.

Ms. Sue Johann, 431 E. Dodge St., candidate for Alderperson-at-large, gave the Council an insight into her background and stated that her main concerns were in the areas of the elderly, disabled, and families.

Mr. Jim Hetzel, 733 Pinecrest, candidate for Alderperson-at-large, stated that he is a life-long resident of Jefferson and believes that his background in retail for the last 15 years could bring another important viewpoint to the Council. Jim stated that he believes the Highway 26 corridor is an important focus for the future of the City of Jefferson.

Ms. Hildegarde Will, 324 N. Elizabeth Ave., candidate for Alderperson-at-large, stated that she has lived in Jefferson for the last 8 years and lived in rural Jefferson area before that. Ms. Will stated that she is retired, has 4 children and 10 grandchildren. She also stated that she does not have a business background, however, she is a good communicator and believes that she could provide the Council with the perspective of the senior citizen that may be lacking at this time.

Dave Olsen, CIA Director, reported on the success of the Spectacular Summer Sizzler sponsored by the Chamber of Commerce. Dave also reported that all the flower barrels are completed.

 

APPOINTMENT OF VACANT ALDERPERSON-AT-LARGE POSITION

The Mayor stated that it is wonderful to have so many candidates to chose from to fill the vacant Alderperson seat. The only problem is how to chose just one. It was proposed to just take the candidates in alphabetical order and vote on each one.

Ald. Oppermann introduced Resolution No. 43.

CITY OF JEFFERSON

RESOLUTION NO. 43

BE IT RESOLVED by the Common Council of the City of Jefferson, that,

WHEREAS, The Common Council has through Public Notice, sought candidates for appointment to the vacant position of Alderperson-At-Large, and

WHEREAS, the Common Council of the City of Jefferson has reviewed all individuals expressing an interest in said position,

NOW, THEREFORE, BE IT RESOLVED that Tim Bare is appointed to fill the unexpired term of Alderperson-At-Large, Jim Wendt, Sr., in the City of Jefferson beginning July 1, 1997.

Ald. Oppermann, seconded by Ald. Beyer,(for discussion) moved to approve Resolution No. 43.

It was noted that every one of the candidates would be a good choice for Alderperson. It was also the sentiment of the Council that the three candidates that are not chosen tonight should seriously consider running for Alderperson next Spring.

On call of the roll, the motion was defeated on a vote of 6 to 1, with Ald. Wagner, Ald. Wendorf, Ald. Carnes, Ald. Rogers, Ald. Polk, and Ald. Oppermann voting no; and Ald. Beyer voting aye.

Ald. Polk introduced Resolution No. 51.

CITY OF JEFFERSON

RESOLUTION NO. 51

BE IT RESOLVED by the Common Council of the City of Jefferson, that,

WHEREAS, The Common Council has through Public Notice, sought candidates for appointment to the vacant position of Alderperson-At-Large, and

WHEREAS, the Common Council of the City of Jefferson has reviewed all individuals expressing an interest in said position,

NOW, THEREFORE, BE IT RESOLVED that James V. Hetzel is appointed to fill the unexpired term of Alderperson-At-Large, Jim Wendt, Sr., in the City of Jefferson beginning July 1, 1997.

Ald. Polk, seconded by Ald. Rogers, moved to approve Resolution No. 51.

On call of the roll, Ald. Wendorf, Ald. Carnes, Ald. Rogers, Ald. Polk, and Ald. Wagner voted aye; Ald. Oppermann and Ald. Beyer voted no. The motion carried 5 to 2.

Ald. Polk introduced Resolution No. 52.

CITY OF JEFFERSON

RESOLUTION NO. 52

BE IT RESOLVED by the Common Council of the City of Jefferson, that,

WHEREAS, The Common Council has through Public Notice, sought candidates for appointment to the vacant position of Alderperson-At-Large, and

WHEREAS, the Common Council of the City of Jefferson has reviewed all individuals expressing an interest in said position,

NOW, THEREFORE, BE IT RESOLVED that Susanne M. Johann is appointed to fill the unexpired term of Alderperson-At-Large, Jim Wendt, Sr., in the City of Jefferson beginning July 1, 1997.

Ald. Polk, seconded by Ald. Beyer, moved to approve Resolution No. 52.

On call of the roll, the motion to appoint Susanne Johann was defeated on a vote of 5 to 2 with Ald. Carnes, Ald. Rogers, Ald. Polk, Ald. Oppermann, and Ald. Wagner voting no; Ald. Beyer and Ald. Wendorf voted aye.

Ald. Oppermann introduced Resolution No. 53.

CITY OF JEFFERSON

RESOLUTION NO. 53

BE IT RESOLVED by the Common Council of the City of Jefferson, that,

WHEREAS, The Common Council has through Public Notice, sought candidates for appointment to the vacant position of Alderperson-At-Large, and

WHEREAS, the Common Council of the City of Jefferson has reviewed all individuals expressing an interest in said position,

NOW, THEREFORE, BE IT RESOLVED that Hildegarde Will is appointed to fill the unexpired term of Alderperson-At-Large, Jim Wendt, Sr., in the City of Jefferson beginning July 1, 1997.

Ald. Oppermann, seconded by Ald. Polk, moved to approve Resolution No. 53.

On call of the roll, the motion was defeated on a vote of 5 to 2 with Ald. Rogers, Ald. Polk, Ald. Wagner, Ald. Wendorf, and Ald. Carnes voting no; and Ald. Oppermann and Ald. Beyer voting aye.

James V. Hetzel was sworn in as the new Alderperson-At-Large and took his seat on the Council.

The Mayor thanked the remaining candidates for their interest in their city government.

PUBLIC HEARING & PROPOSED ORDINANCE ON REZONING OF 142 w. CANDISE

Tonight is the public hearing and second reading of this rezoning ordinance. This matter was referred to the Plan Commission. Plan Commission reviewed rezoning 142 W. Candise Street and recommends rezoning to the (BC) Central Business District along with 152 Candise. On June 3, 1997, the Common Council conditionally approved rezoning 152 W. Candise as long as 142 W. Candise would also be rezoned to BC district. Approval of rezoning 142 W. Candise tonight will fulfill the condition for 152 W. Candise to be rezoned to BC district as well.

Rezoning two parcels to BC district was deemed necessary to avoid the spot zoning issue. BC zoning district complies with the current and past land use for 142 W. Candise (Jefferson Glass) and complies with the proposed land use for 152 W. Candise (Home Health Care Service).

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. Dan explained that the Plan Commission reviewed the proposed rezoning of 152 W. Candise Street and recommends rezoning to the (BC) Central Business District along with 142 W. Candise. On June 3, 1997, the Common Council conditionally approved rezoning 152 W. Candise, as long as 142 W. Candise would also be rezoned to BC district. Rezoning the two parcels to BC district was deemed necessary to avoid the spot zoning issue. BC zoning district complies with the current and past land use for 142 W. Candise (Jefferson Glass) and complies with the proposed land use for 152 W. Candise (Home Health Care Service).

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.

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

Ald. Carnes introduced Ordinance #13-97 for its second 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.

Ald. Carnes, seconded by Ald. Wagner moved to approve Proposed Ordinance #13-97.

After further discussion on spot zoning, roll was called on Proposed Ordinance #13-97. The motion carried unanimously.

parkland dedication or FEE IN LIEU OF PARKLAND DEDICATION

This proposed ordinance was removed from the agenda.

THANK YOU TO JIM WENDT, SR. FOR HIS DEDICATED SERVICE

Ald. Wagner introduced Resolution No. 44.

CITY OF JEFFERSON

RESOLUTION NO. 44

BE IT RESOLVED That the Common Council does hereby thank Ald. Jim Wendt, Sr. for his dedicated service as an Alderperson for the City of Jefferson.

Ald. Wagner, seconded by Ald. Carnes moved to approve Resolution No. 44. On a voice vote, the motion carried.

CONSENT AGENDA

Ald. Beyer introduced Resolution No. 45.

CITY OF JEFFERSON
RESOLUTION nO. 45

BE IT RESOLVED by the Common Council of the City of Jefferson that the consent agenda for July 1, 1997, is hereby adopted.

The consent agenda for tonight includes:

Ald. Beyer, seconded by Ald. Rogers moved to approve Resolution No. 45.

Ald. Oppermann noted one correction to the Common Council minutes of June 17. Ald. Oppermann stated that during the public hearing on the sidewalk improvements on N. Jackson and Hyer Drive, it was Denise Zastrow, not Diane that spoke.

Roll was then called on Resolution No. 45. On call of the roll, the motion carried unanimously.

CABLE TELEVISION FRANCHISE ORDINANCE

Ald. Carnes introduced Ordinance #15-97 for its first reading.

CITY OF JEFFERSON

PROPOSED ORDINANCE # 15-97

An ordinance to repeal and recreate Chapter 21 of the Municipal Code of the City of Jefferson related to cable television franchise.

The Common Council of the City of Jefferson, Wisconsin repeals and recreates Chapter 21 of the Municipal Code as follows:

"Due to its length, In lieu of printing the complete text of this ordinance a complete copy is on file at the office of the City Clerk and is available for public inspection."

This was a first reading.

ROCK RIVER DAM IMPROVEMENTS

Mr. James Joehnk of R.A. Smith & Associates addressed the Common Council and reviewed the next steps to the repair of the Rock River Dam now that the DNR has approved our grant application this year.

Mr. Joehnk reviewed the basic design plan and the deadlines for the next steps of the project.

Mr. Joehnk concluded that his estimate of the repair at this time is $210,000 including engineering, inspection and construction. Mr. Joehnk stated that with good weather conditions, this repair project would take three months.

Ald. Oppermann inquired if it would be possible to do the dam repair this year yet.

Mr. Joehnk replied that it would be a very tight time frame but possible.

The Council inquired about fish ladders.

Mr. Joehnk stated that there are three variations that could be used, however, each version would add an approximate $80,000 to the project.

  1. Remove a small area in the spillway
  2. Build up area behind spillway
  3. Utilize one or both of the gates and have rapids-type situation on high side.

It was the consensus of the Council for R.A. Smith to continue with the repair plans as presented, with an emphasis on safety features and beautification enhancements-not a fish ladder.

Ald. Wendorf did express concern as to how the City is going to pay our half of the cost for the repairs. At $210,000, therefore, $105,000 to be paid by the City, the City has a $75,000 shortfall at this time.

MILWAUKEE DELIVERY SERVICE PROJECT

Ald. Wendorf introduced Resolution No. 46.

CITY OF JEFFERSON
RESOLUTION NO. 46

WHEREAS, Mr. T. J. Alfuth of Milwaukee Delivery Service signed an agreement with the City of Jefferson that landscaping, paving and completion of the building fascia would be done by June 1, 1997 and

WHEREAS, a portion of the said improvements have not been made, and

WHEREAS, the City has notified Mr. T. J. Alfuth and his bank, the First American Bank & Trust Company of Fort Atkinson, Wisconsin, that the City plans on completing the improvements in an amount not to exceed $7,000 for landscaping, which will be reimbursed to the City by the irrevocable letter of credit from the First American Bank & Trust Company dated July 23, 1996.

Ald. Wendorf, seconded by Ald. Carnes moved to approve Resolution No. 46. On a voice vote, the motion carried.

MUTUAL COOPERATION AGREEMENT UNDER THE NATIONAL AFFORDABLE HOUSING ACT.

Ald. Oppermann introduced Resolution No. 47.

CITY OF JEFFERSON

RESOLUTION NO. 47

BE IT RESOLVED by the Common Council of the City of Jefferson that the Mayor is hereby authorized to sign the Mutual Cooperation Agreement under the National Affordable Housing Act.

Ald. Oppermann, seconded by Ald. Beyer moved to approve Resolution No. 47.

On a voice vote, the motion carried.

PROPOSED ORDINANCE TO amend SECTION 18 OF THE MUNICIPAL CODE CONCERNING EXTRATERRITORIAL LAND DIVISIONS.

Ald. Rogers introduced Ordinance #16-97 for its first reading.

CITY OF JEFFERSON

PROPOSED ORDINANCE #16 -97

An ordinance to amend Section 18.02(1), and create Sections 18.04(4) and 18.05(8) of the City of Jefferson Municipal Code related to extraterritorial plat review.

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

Section 1. Section 18.02(1) is amended and Sections 18.04(4) and 18.05(8) are created in the City of Jefferson Municipal Code related to extraterritorial plat review as follows:

Section 2. Section 18.02 General. (1) Any division of land within the City or its ex-territorial plat approval jurisdiction which results in a subdivision as defined herein shall be, and any other division may be, surveyed and a plat thereof approved and recorded as required by this chapter and Ch. 236 and Section 66.32, WI Stats.

Section 3. Section 18.04(4) EXTRATERRITORIAL PLAT APPROVAL JURISDICTION(a) Compliance Required. No person, firm or corporation shall divide any land located within the extraterritorial plat approval jurisdiction of the City of Jefferson which shall result in a subdivision, minor land division or re-plat as defined herein without complying with the applicable provisions or Chapter 236, Wis. Stats., the provisions of this subsection and to the fullest extent allowed by Chapter 236, Wis. Stats., to the requirements of this Chapter.

    1. Application Required. When the land to be subdivided lies within the City's extraterritorial plat approval jurisdiction, the subdivider shall proceed as specified in this subsection.
    2. Extraterritorial Land Division Requirements. No subdivision or minor land division within the City's extraterritorial plat approval jurisdiction shall be approved by the Plan Commission or the Common Council which does not satisfy each of the following requirements:
    1. Each subdivision or minor land division shall comply with the minimum lot size requirements set forth in subs. 18.05(8) of this Chapter.
    2. No subdivision or minor land division shall be considered for approval which does not have the prior approval by the approving authorities for the town(s) and Jefferson County, where required by town and county ordinances or by the Wisconsin Statutes.
    3. The Plan Commission and/or City Council may require placement of covenants or deed restrictions that are deemed necessary and appropriate to protect the purpose and intent of the City's Master Plan and this Chapter. Any such restrictions or covenants shall be recorded.
    4. All subdivisions and minor land divisions shall be required to meet the design standards of Section 18.05 and the required improvements of Section 18.07 of this Chapter, where applicable, unless town or county ordinances control.
    5. Each subdivision or minor land division shall comply with the provisions of this Chapter.

Section 4. Section 18.05(8) In order to maintain the quality of a subdivision or minor land division and the orderly layout and use of land and to prevent undue concentration of population using private sanitary systems and to protect the groundwater and the environment and to insure the best possible environment for human occupation, it is necessary in the public health, safety and welfare to establish minimum lot or parcel sizes for any lot or parcel not served by a public sanitary sewer system. The minimum lot or parcel size for a lot or parcel to be used for residential purposes where the lot or parcel is not served by a public sanitary sewer system shall be 20 acres per dwelling unit. The minimum lot or parcel size for a lot or parcel to be used for a commercial, business or industrial use where the lot or parcel is not served by a public sanitary sewer system shall be 20 acres. The minimum lot or parcel size requirements of this subsection shall not apply to a lot or parcel used exclusively for agricultural purposes. The minimum lot size requirements for a lot served by a public sanitary system shall be in accordance with the zoning requirements as set forth in the City's Zoning Code. The provisions of this subsection shall supersede and control the minimum lot size requirements set forth in Section 18.05(7) of this Chapter. The type, design, installation and maintenance of a private sanitary system, where approved, shall meet the requirements of all State and local codes and regulations. Whenever a tract is subdivided into large parcels, each parcel shall be arranged and dimensioned as to allow re-subdivision of any such parcels into normal lots in accordance with the provisions of this Chapter.

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.

 

APPRAISAL SERVICES FOR PROPOSED CLARK STREET

Ald. Wendorf introduced Resolution No. 48.

CITY OF JEFFERSON

RESOLUTION NO. 48

BE IT RESOLVED by the Common Council of the City of Jefferson that the City Administrator is hereby authorized to contract with Buchta Appraisal Company of Fort Atkinson, Wisconsin to perform a narrative appraisal for the purpose of acquiring street right-of-way for the extension of West Clark Street in an amount not to exceed $400.

Ald. Wendorf, seconded by Ald. Carnes moved to approve Resolution No. 48.

On call of the roll, the motion carried unanimously.

BRAUN'S DEVELOPMENT LLC DEVELOPMENT AGREEMENT, PERFORMANCE BOND AND IRREVOCABLE LETTER OF CREDIT

Ald. Oppermann introduced Resolution No. 49.

CITY OF JEFFERSON

RESOLUTION NO. 49

BE IT RESOLVED by the Common Council of the City of Jefferson that the City of Jefferson authorize the City Administrator to sign the developers agreement with Braun's Development LLC upon receiving the performance bond signed by Mr. Glenn Wenzel, as drafted by the City Attorney, and an irrevocable letter of credit in a form acceptable to the City Attorney.

Ald. Oppermann, seconded by Ald. Rogers moved to approve Resolution No. 49.

Ald. Wendorf stated that the Finance Committee did not have a recommendation on this motion. The Committee had questions and wanted further explanations from the City Attorney.

There was a lengthy discussion between the Council and Mr. Wenzel over the necessity of a signed personal guarantee and a letter of credit.

The City Attorney explained that this is not an unusual request, it follows current City policy. It was also mentioned that a Letter of Credit is good, however, the signed personal guarantee is an added safety feature to protect Jefferson taxpayers.

Mr. Wenzel stated that he is only one of approximately 40 shareholders, with only a 10-15% ownership and he should not have to sign a personal guarantee. He stated that Braun's Development LLC has lots in Fort Atkinson and other cities and has never had to have both a letter of credit and a personal guarantee. Mr. Wenzel also stated that his Board of Directors has told him not to sign.

Ald. Beyer motioned to amend the Resolution to exclude the performance bond signed by Mr. Glenn Wenzel. The motion died for the lack of a second.

Roll was then called on Resolution No. 49 to authorize the developers agreement between the City of Jefferson and Braun's Development LLC upon receiving the performance bond signed by Mr. Wenzel and an irrevocable letter of credit. On call of the roll the motion carried 7 to 1. Ald. Wagner, Ald. Wendorf, Ald. Carnes, Ald. Rogers, Ald. Polk, Ald. Hetzel, and Ald. Oppermann voted aye; Ald. Beyer voted no.

ACCEPTING BID FOR EXTENSION OF LUCAS LANE

Ald. Polk introduced Resolution No. 50.

CITY OF JEFFERSON

RESOLUTION NO. 50

BE IT RESOLVED by the Common Council of the City of Jefferson that the City Administrator is hereby authorized to contract with E&N Hughes Company for the extension of Lucas Lane, sanitary sewer extension, sanitary sewer laterals, and storm sewer for an amount not to exceed $68,920.35.

Ald. Polk, seconded by Ald. Oppermann moved to approve Resolution No. 50. On call of the roll, the motion carried unanimously.

REPORTS

CITY ENGINEER

City Engineer Ludwig reported that Crawfish Avenue is open and Hyer Drive is now closed. He also stated that the curb and gutter was being done this week and the blacktop should be laid the week of July 15.

CITY ATTORNEY

City Attorney Scheibel reported on the status of the court case on 123 N. Main.

CITY ADMINISTRATOR

City Administrator Schornack reported that the State will be having another meeting with the downtown business owners regarding the possible Historic District. The meeting will be July 9 in the Wisconsin Room from 6:30-8:00 PM.

The City Administrator also reported that the Committee of the Whole meeting/Bus Tour of the City will be set up for July 8 at 5:30 PM.

Ald. Wagner, seconded by Ald. Beyer moved to adjourn the July 1, 1997, meeting of the City of Jefferson Common Council. The motion carried unanimously.

These minutes of the July 1, 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