MINUTES

CITY OF JEFFERSON COMMON COUNCIL MEETING

TUESDAY, AUGUST 19, 1997

 

The Tuesday, August 19, 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. Rogers, Ald. Polk, Ald. Hetzel, and Ald. Oppermann. Ald. Carnes and Ald. Beyer were absent. Also present was City Administrator Schornack, City Attorney Scheibel, City Engineer Ludwig and Administrative Assistant Sellnow.

communications

Ald. Oppermann read a letter from Governor Thompson regarding our Rock River Dam.

public participation

Mr. Dave Olsen, CIA Director, reported that the Jefferson Development Corporation is recommending the annexation of the Sally Gross property into the City.

Mr. Olsen also commented that although the Chamber has not discussed the matter thoroughly, the idea of a Milwaukee Street Pedestrian Bridge is very appealing, not only for convenience and safety sake for the children on their way to school, but also it will be one more way of opening up the downtown and giving access to our businesses.

public hearing and council action on rezoning of Parcel on S. whitewater avenue

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 and the location of the proposed rezoning. The Engineer also reported that the Plan Commission had tabled this issue at their last meeting due to questions regarding whether the BHN zoning district covers all of the owner's potential uses of the property.

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 #18-97 for its second reading.

CITY OF JEFFERSON

ORDINANCE #18-97

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

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

Section 1. Section 17.04(1) of the zoning map, City of Jefferson, Wisconsin, which is herein made a part, is amended to change district boundaries by deleting the following area from the Single Family (R1) District and adding said property to the Highway and Neighborhood Business (BHN) District:

Description: COM 633.60FT S OF E1/4/P, W 1188FT TO CTH N,SE ON HGY TO PT 1265FT N OF S/S/L & POB,S TO PT 125.20FT N OF RIV W TO RIV, NWLY ON RIV BK TO E/LOF MAIN ST, N TO SW/C OF BLK 43,ORIG PLAT,E TO CTH N, SE ON HGY TO POB.EX BEG 1936.10 W OF E1/4C,S44DG25'E 148.5FT S45DG35'W 107.25FT, N44DG24'W 99 FT, N9DG15'E TO N/L SD , S86DG12 E 24.57FT TO POB EXHWYIN302-271. EX BEG ON S/L OF ROCK ST, 40FT S3DG33'W & 128.45FT N86DG12'W FR SE/C BLK 43, ORIG PLAT, N86DG12'W 132 FT, S1DG36'E 140FT, S86DG12'E 132FT, N1DG36'W 140 FT TO POB. EX ST IN 466-142.
EX CSM 2507-9-100
EX CSM 2614-10-32.
EX COM SE/C BLK 43 ORIG PLAT S3DG33'W 40FT TO POB, N86DG12'W 128.45FT, S1DG36'E 157.5FT, N88DG08'E 131.27FT, N3DG48'E 143.84FT, N86DG12'W 17FT TO POB. EX CSM 3146-13-159. ALC946-85
LC828-931/875-23/938-444.

Parcel #: 06-14-11-42-005

Address: Parcel southeast of 821 S. Whitewater Avenue

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. Rogers, seconded by Ald. Polk moved to approve Proposed Ordinance #18-97 contingent upon Plan Commission approval.

After discussion concerning possible changes to the area to be rezoned, and the inappropriateness of the Council approving the rezoning before hearing the final recommendation from the Plan Commission, Ald. Wendorf, seconded by Ald. Oppermann moved to table Proposed Ordinance #18-97. On a voice vote, the motion carried.

public hearing and final special assessment resolution for storm sewer on E. Puerner and N. Marion

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 storm sewer project and related assessments. The Engineer stated that the total cost of the project would be $25,200.

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. Ron Mueller of 323 N. Elizabeth questioned why storm sewer had not been installed to drain the swale in the area years ago when the Towering Trails subdivision was first established.

City Engineer Ludwig explained that there was a difference of opinion between the former City Engineer and Engineer Ludwig as to the need for formal drainage in that area. At this point the original developer will not pay for the improvements.

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

Ald. Polk introduced Final Resolution No. 72.

CITY OF JEFFERSON

FINAL RESOLUTION NO. 72

Final Resolution authorizing storm sewer 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 19th day of August, 1997, for the purpose of hearing all interested persons concerning the preliminary report on the following proposed improvements:
Storm Sewer: 855 feet of storm sewer along E. Puerner Street and N. Marion 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 principle 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. Rogers moved to approve Resolution No. 72. On call of the roll, the motion carried unanimously.

CONSENT AGENDA

Ald. Wagner introduced Resolution No. 73.

CITY OF JEFFERSON
RESOLUTION nO. 73

BE IT RESOLVED by the Common Council of the City of Jefferson that the consent agenda for August 19, 1997, is hereby adopted.

The consent agenda for tonight includes:

Ald. Wagner, seconded by Ald. Hetzel moved to approve Resolution No. 73. On call of the roll, the motion carried unanimously.

ANNEXATION OF LAND OWNED BY SALLY GROSS

Ald. Oppermann introduced Ordinance #19-97 for its second reading.

CITY OF JEFFERSON

PROPOSED ORDINANCE #19-97
ANNEXING TERRITORY FROM THE TOWN OF AZTALAN

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

SECTION 1: Territory Annexed. In accordance with s. 66.021 of the Wisconsin Statutes of 1989, the unanimous petition for direct annexation filed with the City Clerk on the 17th day of June, 1997, signed by the owner of all of the land in the territory (one elector resides therein), the following described territory in the Town of Aztalan, Jefferson County, Wisconsin, is annexed to the City of Jefferson, Wisconsin:

The northwest quarter of the southwest quarter of Section 36, Town 7 North, Range 14 East, Town of Aztalan, Jefferson County, Wisconsin.

Also beginning at the southwest corner of the northeast quarter of the southwest quarter of Section 36, Town 7 North, Range 14 East; thence north on quarter quarter line, 6.97 chains; thence east 6.72 chains to the center of highway; thence southwesterly in the center of said Highway, 8.51 chains to a point on the south line of said northwest quarter of the southwest quarter, 1.84 chains east of the place of beginning; thence west 1.84 chains to the place of beginning.

EXCEPTING THEREFROM 2 acres heretofore deeded to the Chicago & Northwestern Railway Company.

FURTHER EXCEPTING THEREFROM lands conveyed to Charles J. Ganser by Warranty Deed recorded on August 21, 1962 in Volume 333 of Deeds on Page 606.

FURTHER EXCEPTING THEREFROM lands conveyed by Quit Claim Deed dated September 2, 19988, and recorded on October 11, 1988 in Volume 724 of Records on Page 798, as Document Number 845212.

SECTION 2. Effect of Annexation. From and after the date of this ordinance, the territory described in Section 1 shall be a part of the City of Jefferson for any and all purposes provided by law and all persons coming or residing within such territory shall be subject to all ordinances, rules and regulations governing the City of Jefferson.

SECTION 3. Ward Designation. The territory described in Section 1 of this ordinance is hereby made a part of the 2nd ward of the City of Jefferson, subject to the ordinances, rules and regulations of the City governing wards.

SECTION 4. Zoning Classification. The plan commission is directed to prepare an amendment to the zoning ordinance setting forth permanent classifications and regulations for zoning of the annexed area and submit its recommendations to the council.

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

SECTION 6. Effective Date: This ordinance shall take effect upon passage and publication as provided by law.

Ald. Oppermann, seconded by Ald. Rogers moved to approve Ordinance #19-97.

After discussion, roll was called on proposed Ordinance #19-97. The motion carried unanimously.

HISTORIC PRESERVATION ORDINANCE

Ald. Hetzel introduced Ordinance #20-97 for its second reading.

CITY OF JEFFERSON

PROPOSED ORDINANCE #20-97

An ordinance to create Section 19 of the Municipal Code of the City of Jefferson related to historic preservation.

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

Section 1. Section 19 of the Municipal Code of the City of Jefferson, Historic Preservation, is hereby created 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. Hetzel, seconded by Ald. Oppermann moved to approve Proposed Ordinance #20-97.

Ald. Wagner, seconded by Ald. Hetzel moved to amend Section 19.05(1) to exempt the State designated Central Business Historic District. On a voice vote, the motion carried.

The Mayor then called for a voice vote on amended Ordinance #20-97. On a voice vote, the motion carried.

TABLED RESOLUTION ON carnegie building lease

Ald. Oppermann moved to remove Resolution No. 64 from the Table. Ald. Wendorf seconded. The motion carried on a voice vote.

Ald. Oppermann introduced Resolution No. 64.

CITY OF JEFFERSON
TABLED RESOLUTION nO. 64

BE IT RESOLVED by the Common Council of the City of Jefferson that the Mayor and city Administrator are hereby authorized to sign a lease with the Council for the Performing Arts for the Carnegie Building.

Ald. Oppermann, seconded by Ald. Wendorf, moved to approve Resolution No. 64.

Ald. Wendorf stated that the Finance Committee had reviewed and are recommending the continuation of the lease of the Carnegie Building with the CPA.

The Mayor called for a voice vote on Resolution No. 64. The motion carried.

authorizing lease of city right-of-way

Ald. Hetzel introduced Resolution No. 74.

CITY OF JEFFERSON
RESOLUTION nO. 74

BE IT RESOLVED by the Common Council of the City of Jefferson that the 200 block of West Milwaukee Street is hereby closed from the hours of 3:00 p.m. to 10:00 p.m. on Sunday, September 14, 1997, and that the street right-of-way is hereby leased to Chicken's Riverfront Tavern in the amount of $1 for a street dance.

Ald. Hetzel, seconded by Ald. Wagner moved to approve Resolution No. 74.

Ald. Wagner stated that the Regulatory Committee unanimously approved this request. Ald. Wagner also stated that the band will quit playing at 9 p.m.

The motion carried to approve Resolution No. 74 on a voice vote.

creating tax incremental district no. 2

Ald. Wendorf introduced Resolution No. 75.

CITY OF JEFFERSON
RESOLUTION nO. 75

A RESOLUTION CREATING, DESCRIBING AND MAKING CERTAIN FINDINGS AND APPROVING PROJECT PLAN FOR TAX INCREMENTAL DISTRICT NO. 2, JEFFERSON, WISCONSIN.

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

Ald. Wendorf, seconded by Ald. Oppermann moved to approve Resolution No. 75.

Dave Wagner of Ehlers & Associates reviewed the proposed project schedule and cost estimates, as well as the projected growth over the next 23 years.

On call of the roll, the motion to approve Resolution No. 75 carried unanimously.

ACCEPTING BID FOR PURCHASE OF VACUUM LEAF LOADER

Ald. Oppermann introduced Resolution No. 76.

CITY OF JEFFERSON
RESOLUTION nO. 76

BE IT RESOLVED by the Common Council of the City of Jefferson that the City Administrator is hereby authorized to purchase one vacuum leaf loader from Bruce Municipal Equipment, Inc. of Menomonee Falls, WI, for an amount not to exceed $13,099.

Ald. Oppermann, seconded by Ald. Wendorf moved to approve Resolution No. 76.

Ald. Wendorf explained that the Finance Committee is unanimously recommending the purchase of the vacuum leaf loader from Bruce Municipal Equipment.

On call of the roll, the motion carried unanimously.

accepting bid for purchase of wing for snow plow truck

Ald. Wendorf introduced Resolution No. 77.

CITY OF JEFFERSON
RESOLUTION nO. 77

BE IT RESOLVED by the Common Council of the City of Jefferson that the City Administrator is hereby authorized to purchase one snow plow wing from Madison Truck Equipment, Inc. of Madison, WI, for an amount not to exceed $6,770.

Ald. Wendorf, seconded by Ald. Hetzel moved to approve Resolution No. 77.

Ald. Wendorf explained that the Finance Committee is unanimously recommending the purchase of a wing for a snow plow truck from Madison Truck Equipment.

On call of the roll, the motion carried unanimously.

approving 1997-98 agreement with jefferson school district

Ald. Wagner introduced Resolution No. 78.

CITY OF JEFFERSON
RESOLUTION nO. 78

BE IT RESOLVED by the Common Council of the City of Jefferson that the Mayor and City Administrator is hereby authorized to execute the facility use agreement by and between the City of Jefferson and the Jefferson School District for 1997-98.

Ald. Wagner, seconded by Ald. Oppermann moved to approve Resolution No. 78.

On a voice vote, the motion carried.

MILWAUKEE STREET WALK BRIDGE

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 pursue the construction of the Milwaukee Street Walk Bridge.

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

City Engineer Ludwig explained two possible scenarios for a pedestrian walk bridge. A six foot wide, pedestrian bridge to be done by Spring of 1998, will cost the city $210,000. There is no grant money available at this time to help with the cost.

A second type of "Recreational" bridge which would be 12 foot wide and include lighting, an outlook, signage and pavement markings for $450,000. However, there will be federal funding available that could reduce the city's portion by 80%, or only $90,000. This larger bridge would accommodate two-way bicycle traffic, and the width of the bridge will accommodate the use of a snow plow truck in the winter.

Ald. Oppermann stated that it is disappointing that the city cannot provide a walking bridge for next year when the Racine Street Bridge is down, however, the recreational bridge could be a key economic development opportunity.

Ald. Rogers agreed that we should not spend $210,000 to alleviate a one year inconvenience. The 80% federal funding is a great opportunity worth waiting for.

Ald. Hetzel agreed with Ald. Rogers.

Roll was then called on Resolution No. 79. On call of the roll, the motion carried unanimously.

REPORTS

CITY ENGINEER

City Engineer Ludwig reported:

CITY ATTORNEY

City Attorney Scheibel updated the Council concerning the building at 122 N. Main and the Tennyson situation.

CITY ADMINISTRATOR

City Administrator Schornack reported:

COMMITTEES

Ald. Wendorf resigned from the Streets Health Sanitation Committee. He has been unable to make the meeting times due to his work schedule. Mayor Brawders will appoint another Alderperson at the next Council meeting.

Ald. Oppermann, seconded by Ald. Hetzel moved to adjourn the August 19, 1997, meeting of the City of Jefferson Common Council. The motion carried unanimously.

These minutes of the August 19, 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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