CITY OF JEFFERSON COMMON COUNCIL MEETING
minutes
TUESDAY, JULY 15, 1997

The Tuesday, July 15, 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. Hetzel, and Ald. Beyer. Ald. Oppermann was absent. Also present was City Administrator Schornack, City Attorney Scheibel, Police Chief Besel, and City Engineer Ludwig.

water & electric superintendent's report

Water & Electric Superintendent Bruce Folbrecht reported that the city's electrical usage hit a new all-time high on June 24, 1997, with a peak of 27 megawatts.

Superintendent Folbrecht also reviewed the status of our state's power plants and stated that our distribution system is handling our demand very well.

appointments to council committees

With the resignation of Ald. Wendt, the Mayor made some changes to the rosters of two Council Committees. The Mayor formally announced the appointment of Ald. Carnes to the Finance Committee and Ald. Hetzel's appointment to Regulatory Committee.

appointment to plan commission

Ald. Wagner, seconded by Ald. Carnes moved to recommend Ald. Rogers' appointment to the Plan Commission. On a voice vote, the motion carried.

Mayor Brawders noted that Mr. Paul Strong was in attendance in regard to Resolution No. 56 and 57, therefore, the Mayor brought items 15 and 16 forward on the agenda.

accepting park land dedication adjacent to rock park

Ald. Hetzel introduced Resolution No. 56.

CITY OF JEFFERSON
RESOLUTION nO. 56

BE IT RESOLVED by the Common Council of the City of Jefferson that the park land dedication to the City of Jefferson by Paul Strong, for property adjacent to Rock Park, is hereby accepted; contingent on Paul Strong filing a release of the mortgage on the property, and releasing any other liens on said property.

Ald. Hetzel, seconded by Ald. Beyer moved to recommend Resolution No. 56.

On call of the roll: Ald. Wendorf, Ald. Rogers, Ald. Polk, Ald. Hetzel, and Ald. Beyer voted aye. Ald. Carnes and Ald. Wagner voted no. The motion carried on a vote of 5 to 2.

approving final plat for rock park

Ald. Rogers introduced Resolution No. 57.

CITY OF JEFFERSON
RESOLUTION nO. 57

BE IT RESOLVED by the Common Council of the City of Jefferson that the final plat for Rock Park in the City of Jefferson, Paul Strong, owner, is hereby approved per the terms and conditions as set forth by the Plan Commission, and

BE IT FURTHER RESOLVED that the City Administrator is hereby authorized to sign the final plat contingent upon Paul Strong signing quit claim deed for Park Land Dedication, and filing a release of the mortgage on the Park Land Dedication, and releasing any other liens on said property.

Ald. Rogers, seconded by Ald. Beyer moved to approve Resolution No. 57. On call of the roll: Ald. Carnes, Ald. Rogers, Ald. Polk, Ald. Hetzel, Ald. Beyer, and Ald. Wendorf voted aye; Ald. Wagner voted no. The motion carried 6 to 1.

public hearing and council action on parkland dedication or FEE IN LIEU OF PARKLAND DEDICATION

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 code change.

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. Rogers introduced Ordinance #12-97 for its second 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 REQUIREMENT AND FEE IN LIEU OF PARKLAND DEDICATION

  1. DEDICATION OF PUBLIC PARKS & OTHER PUBLIC SITES.
    1. 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. This includes any land division which creates new lots. It would also include any building permit for any more than one dwelling unit per existing lot (duplex, 2-flat or multi-family building). Single family homes to be constructed on vacant lots, which predate the adoption of the new subdivision ordinance would be the only dwelling unit which would be exempt.
      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. All lands dedicated under this section shall have at least 100' of frontage on a public street. The Plan Commission and Park, Recreation & Forestry Commission may adjust this frontage requirement if better alternatives for access are provided. Of the abutting frontage, all costs of public streets, sidewalks and utilities shall be paid for by the subdivider or developer.
      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.
    2. 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.
    3. 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 $500 each for all other dwelling unit types. The maximum fee per dwelling unit may be adjusted annually for inflation per Common Council approval.
    4. The City shall place any fee collected pursuant to the provisions of this section in a separate account to be used for land acquisition and development of adequate park, playground, recreation and open space to meet the needs created by the land development, land division or subdivision.
    5. 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.

Section 3. This Ordinance shall take effect and be in full force after passage and publication as provided by law.

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

Ald. Beyer, seconded by Ald. Rogers moved to amend proposed Ordinance #12-97 (1) a) paragraph one, last sentence, to read, "Single family and multifamily homes to be constructed on vacant lots which predate the adoption of the new subdivision ordinance would be the only dwelling units which would be exempt." On call of the roll, Ald. Wagner, Ald. Carnes, Ald. Rogers, Ald. Polk, Ald. Hetzel, and Ald. Beyer voted aye. Ald. Wendorf abstained.

After discussion, Ald. Wagner, seconded by Ald. Wendorf moved to amend Amended Proposed Ordinance #12-97 to accept only money and no land dedication. After discussion, with Ald. Wendorf in agreement, Ald. Wagner withdrew his amendment.

Roll was then called on amended proposed Ordinance #12-97. On call of the roll, Ald. Wagner, Ald. Carnes, Ald. Rogers, Ald. Polk, Ald. Hetzel, and Ald. Beyer voted aye. Ald. Wendorf abstained.

public hearing and council action on PROPOSED ORDINANCE TO amend PORTIONS OF SECTION 18 OF THE MUNICIPAL CODE CONCERNING EXTRATERRITORIAL LAND DIVISIONS

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 code change.

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. Wendorf introduced Ordinance #16-97 for its second 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.

Ald. Wendorf, seconded by Ald. Rogers moved to approve proposed Ordinance #16-97 as presented. On call of the roll, the motion carried unanimously.

 

CONSENT AGENDA

Ald. Beyer introduced Resolution No. 54.

CITY OF JEFFERSON
RESOLUTION nO. 54

BE IT RESOLVED by the Common Council of the City of Jefferson that the consent agenda for July 15, 1997, is hereby adopted.

The consent agenda for tonight includes:

Ald. Beyer, seconded by Ald. Wagner moved to approve Resolution No. 54. On call of the roll, the motion carried unanimously.

CABLE TELEVISION FRANCHISE ORDINANCE

Ald. Carnes introduced Ordinance #15-97 for its second 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 repeal and recreate Chapter 21 of the Municipal Code as follows:

"Due to its length, in lieu of reading 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."

Ald. Carnes, seconded by Ald. Beyer moved to approve Proposed Ordinance #15-97. The motion carried on a voice vote.

an ordinance to amend chapter 18 of the municipal code regarding public improvements in subdivisions and platting

Ald. Polk introduced Ordinance #17-97 for its first reading.

CITY OF JEFFERSON

PROPOSED ORDINANCE #17-97

An ordinance to create Section 18.07(4) & (5) of the Municipal Code of the City of Jefferson Related to Subdivisions and Platting.

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

Section 1. Section 18.07(4) & (5) of the Municipal Code, City of Jefferson, related to Public Improvements is hereby created, as follows:

Section 2. Section 18.07(4) REQUIREMENTS. After submission of the preliminary plat, the subdivider shall provide engineering plans showing the layout and design standards for making and installing the following public improvements for each lot. Public improvements include, without limitation by enumeration: streets, curbs, gutters, sidewalks, sewer service, water service, electrical service, street lights, and fire protection. The City Engineering Department shall provide the subdivider with the design standards and construction requirements for the foregoing public improvements.

  1. SURETY. Pursuant to SS236.13, WI Stats., the subdivider shall be responsible for all costs in making and installing any public improvements shown on the engineering plans, and approval of the final plat shall be contingent upon the subdivider executing a surety bond, irrevocable letter of credit, escrow account, or other security approved by the Council to insure that the subdivider will make those improvements within a reasonable time.

Section 3. 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 their recommendation.

changing a portion of hyer drive to North Jackson Avenue

Ald. Wendorf introduced Resolution No. 55.

CITY OF JEFFERSON
RESOLUTION nO. 55

BE IT RESOLVED by the Common Council of the City of Jefferson that the name of the street known as Hyer Drive, beginning at a point 340' south of the center of Bayfield Drive and continuing to the north city limits of the City of Jefferson, is hereby changed to North Jackson Avenue.

Ald. Wendorf, seconded by Ald. Polk moved to recommend Resolution No. 55 as presented. The motion carried unanimously.

sanitary sewer system evaluation

Ald. Wendorf introduced Resolution No. 58.

CITY OF JEFFERSON
RESOLUTION nO. 58

BE IT RESOLVED by the Common Council of the City of Jefferson that the City Administrator is hereby authorized to sign an agreement with Town & Country Engineering, Inc. for a sanitary sewer system evaluation for an estimated cost of $10,950.

Ald. Wendorf, seconded by Ald. Beyer moved to approve Resolution No. 58. On call of the roll, the motion carried unanimously.

CABLE TV FRANCHISE RENEWAL AGREEMENT

Ald. Wagner introduced Resolution No. 59.

CITY OF JEFFERSON
RESOLUTION nO. 59

BE IT RESOLVED by the Common Council of the City of Jefferson that the City Administrator is hereby authorized to sign the Cable TV Franchise Renewal Agreement with Marcus Cable Partners, L.P. subject to Marcus Cable paying the City of Jefferson Cable TV consultant's fee.

Ald. Wagner, seconded by Ald. Carnes moved to approve Resolution No. 59 as presented. On call of the roll, the motion carried unanimously.

REPORTS

CITY ENGINEER

City Engineer Ludwig reported on:

 

 

CITY ATTORNEY

City Attorney Scheibel reported:

CITY ADMINISTRATOR

City Administrator Schornack reported:

Ald. Beyer, seconded by Ald. Hetzel moved to adjourn the July 15, 1997, meeting of the City of Jefferson Common Council. The motion carried unanimously.

These minutes of the July 15, 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

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