CITY OF JEFFERSON
COMMON COUNCIL minutes
TUESDAY, MARCH 3, 1998

The Tuesday, March 3, 1998, meeting of the City of Jefferson Common Council was called to order at 7:42 p.m. by Mayor Brawders. Members present: Ald. Wagner, Ald. Wendorf, Ald. Carnes, Ald. Polk, Ald. Hetzel, Ald. Oppermann and Ald. Beyer. Also present was City Administrator Schornack, City Attorney Scheibel, Police Chief Besel, City Engineer Ludwig and Administrative Assistant Sellnow.

public participation

Mr. Lyman Tracy, 415 N. Pleasant stated that he felt the City should turn their concerns to the pollution in the Rock River and the speed of the boaters in the city. The fish need a fit place to live. He suggested that the river be posted with "No Wake" signs, even though the city does not have the equipment to enforce the "No Wake" law, most law-abiding citizens would comply and refrain from speeding on the river.

Mr. Paul Gagnon of 733 Lucas Lane suggested that bouys be placed in the river like Fort Atkinson does.

Mr. Bob Coffman of 523 E. Linden addressed the Council on the resolution on tonight's agenda for retaining counsel to represent the Jefferson Zoning Board of Appeals regarding the appeal of the variance granted to Wanico LLC. Mr. Coffman stated that he felt only the attorneys would gain from this situation.

Mr. Bruce Calloway of 826 Rosemary Court also addressed tonight's resolution regarding the retaining of counsel for the appeal of the variance. Mr. Calloway feels that the Council, City Engineer and Chamber of Commerce group should sit down and talk about a new sign ordinance.

WATER & ELECTRIC SUPERINTENDENT'S REPORT

Water & Electric Superintendent Bruce Folbrecht addressed the Council and updated them on the Wisconsin Reliability Act. The resolution on the Council's agenda this evening is designed to show the City of Jefferson's support to have the state construct at least 500 megawatts of new generation capacity plants in eastern Wisconsin and more transmission lines to avoid the critical situation that was created last summer when the existing plants in the state were out-of-service during high electric usage times. Superintendent Folbrecht stated that Representatives David Ward and Fitzgerald are also on board and in favor of this legislation.

Consent agenda

Ald. Beyer introduced Resolution No. 184.

CITY OF JEFFERSON
RESOLUTION nO. 184

BE IT RESOLVED by the Common Council of the City of Jefferson that the consent agenda for March 3, 1998, is hereby adopted.

The consent agenda for tonight includes:

Ald. Beyer, seconded by Ald. Wagner moved to approve Resolution No. 184. The motion carried unanimously.

proposed liquor license ordinance change

Ald. Hetzel introduced Ordinance #4-98 for its second reading.

CITY OF JEFFERSON

ORDINANCE #4-98

An Ordinance to Amend Section 12.01(5)(i) of the Municipal Code of the City of Jefferson related to Licenses and Permits.

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

Section 1. Section 12.01(5)(i) of the Municipal Code of the City of Jefferson, Wisconsin, is hereby amended to read as follows:

Revocation or Non-Renewal of License Due to Non-use.

If the holder of any license granted under this section does not open the premises to the public for a minimum of 8 hours per week, such failure to hold the premises open to the public for the minimum hours specified shall be grounds for revocation or non-renewal of the license due to non-use in accordance with the provisions of this section. The hours of operation shall be displayed on the outside facade of the premises. Prior to the revocation or non-renewal of any license, the City shall notify the licensee in writing of the City's intention to revoke or not renew the license for non-use and provide the licensee with an opportunity for a hearing. Such hearing shall be conducted in accordance with (SS)125.12(2)(b), WI Stats., or any amendments thereto. Judicial review shall be as provided in (SS)12(2)(d), Wis. Stats., or any amendments thereto.

The purpose of this ordinance is to assure that the licenses are issued to individuals who maintain regular business hours within the community, and not to individuals who merely hold them for speculative purposes. Exceptions to this ordinance may be made due to such factors as: damage to the premises rendering it temporarily unfit for safe operation under the license; closing for reasonable periods to alter, repair, remodel or redecorate the premises; or any other closing for periods beyond that permitted due to unusual circumstances not under the control of the license holder.

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

Ald. Hetzel, seconded by Ald. Beyer, for discussion, moved to approve Proposed Ordinance #4-98.

It was stated that the Regulatory Committee is not in favor of this ordinance. Their was discussion on the posting of hours, however, it was decided to leave the city's ordinances on liquor licenses as they are now.

City Attorney Scheibel noted that this new ordinance would create problems for some businesses like the Legion and VFW, which is not the intent.

Ald. Wagner encouraged the Council to vote down this ordinance.

Roll was then called on Proposed Ordinance #4-98. On call of the roll, the motion was defeated 7 to 0.

stipulation by and between the state of wisconsin dot division of transportation infrastructure development and the city of jefferson and union pacific railroad co. racine street overpass

Ald. Polk introduced Resolution No. 185.

CITY OF JEFFERSON
RESOLUTION nO. 185

STIPULATION BY AND BETWEEN THE STATE OF WISCONSIN DEPARTMENT OF TRANSPORTATION DIVISION OF TRANSPORTATION INFRASTRUCTURE DEVELOPMENT AND THE CITY OF JEFFERSON AND UNION PACIFIC RAILROAD COMPANY RACINE STREET OVERPASS

Located at the intersection of USH 18 (Racine Street) and the Fort Atkinson - Johnson Creek line of the Union Pacific Railroad Company in the City of Jefferson, Jefferson County.

STIPULATION is made and entered into by and between the State of Wisconsin, Department of Transportation, Division of Transportation Infrastructure Development, hereinafter referred to as the "STATE", the City of Jefferson, hereinafter referred to as the "CITY", and Union Pacific Railroad Company, hereinafter referred to as the "COMPANY".

WHEREAS, the STATE AND CITY, in accordance with authority vested in them by law, propose the reconstruction of a portion of USH 18 (Racine Street), and such reconstruction will cross the right of way and track of the COMPANY at the location heretofore described and as shown on the Title Sheet (Exhibit "A") and Location Plan (Exhibit "B") which are attached hereto and made a part hereof, and

WHEREAS, USH 18 (Racine Street) presently crosses the track of the COMPANY at the above location, by means of a highway overpass structure, and

WHEREAS, such overpass structure is considered inadequate for highway traffic; and

WHEREAS, it is determined in the interest of public safety and convenience that the existing overpass be removed and a new overpass structure be constructed at this crossing.

NOW, THEREFORE, in consideration of the premises and of their mutual dependent agreements hereinafter set forth, the parties hereto hereby stipulate as follows:

    1. SEPARATION OF GRADES. A separation of grades between the highway and the railroad shall be effected at the location hereinbefore described by means of a highway overpass structure. Said structure shall have the arrangement and provide the minimum horizontal and vertical clearances as shown on the general plans for Structure B-28-89 (Exhibits "C" and "D"), prints of which are hereto attached and made a part hereof.
    2. GENERAL. (a) Detail plans for the structure, the highway approaches, and for such other incidental or appurtenant work for which plans will be necessary will be subject to the approval of the parties to this Stipulation.

(b) Should federal aid funds be authorized to finance this separation project, the plans, contracts, agreements, and the work done under them, will be subject to the review of the United States Department of Transportation, Federal Highway Administrator or authorized representative, and the regulations pertinent to the work issued by the Federal Highway Administration.

(c) Construction operations by the STATE or its contractors will be subject to the inspection of the Manager Special Projects of the COMPANY or his authorized representatives to insure safety of railroad operations during construction.

(d) Construction operations by the COMPANY with its own forces, performed in connection with this project, will be subject to the inspection and approval of the Administrator of the STATE or his authorized representatives.

3. CONSTRUCTION. The STATE will undertake the removal of the existing overpass structure, the construction of the new grade separation structure, the highway approaches, and work incidental or appurtenant thereto in accordance with the Plans therefor, the Standard Specifications for Highway and Structure Construction of the State of Wisconsin, Department of Transportation, Edition of 1996, and pertinent Special Provisions to be incorporated into the contracts for the work. Such work will be undertaken by the STATE at its sole cost and expense. Special Provision items entitled "Relations with Railroad Company" and "Information to Bidders" (Exhibit "E"), in form similar to the copies attached hereto and made a part hereof, will be made a part of the proposal to be furnished to the highway contractors for bidding purposes.

4. COST SHARING. This project is considered within classification No. b(2) of 23 CFR Part 646.210, under which there will be no assessment of benefits against the COMPANY.

5. MAINTENANCE. Upon completion of the work, the STATE shall perform routine repairs and maintenance for the preservation of Structure B-28-89 and shall maintain the highway approaches thereto.

Obligation with respect to maintenance shall not include replacement, reconstruction, or modification of the Structure arising from the requirements of railroad usage.

In the event a major restoration or replacement of the Structure becomes necessary due to disaster, deterioration, or serious accident affecting the safe use of the Structure, the cost of such restoration or replacement shall be apportioned between the parties, as mutually agreed between them.

The maintenance of all highway or street approaches and the drainage therefrom, and retaining walls, will be by the CITY.

The STATE shall notify the COMPANY in advance of undertaking any maintenance operations on the structure except the structure deck and such work shall be conducted and performed in a manner satisfactory to the COMPANY.

6. RIGHT OF WAY. The COMPANY hereby grants its assent to this separated crossing, and the STATE and CITY may occupy or cross property owned or controlled by the COMPANY, its successors or assigns, at this location as necessary for the construction of this project and as long as required for the continued operation and maintenance of the highway.

The right for the construction of Structure B-28-89 on and across COMPANY lands and the continued operation and use thereof shall be limited to the area outlined in red on the attached Exhibit "B".

The COMPANY further agrees to permit the STATE or its agents to remove the existing highway overpass structure and to construct cut and fill slopes on COMPANY lands in accordance with the approved project plans.

7. PREVIOUS STIPULATION TERMINATED. This stipulation supersedes and terminates the previous stipulation relating to the structure that was executed by the Chicago and North Western Railway Company in 1935, the City of Jefferson on April 23, 1935, and the Wisconsin State Highway Commission on May 2, 1935.

8. SALE OR TRANSFER OF CONTROL OR PROPERTY. The COMPANY agrees that any purchaser or other recipient of ownership or control of the property of the COMPANY involved in this Stipulation shall be bound by this Stipulation to the same extent as the COMPANY. The COMPANY shall include specific notice of this Stipulation in any sale or transfer document and shall require the purchaser or other recipient of ownership or control to acknowledge and assume the COMPANY'S rights and/or obligations included herein.

All land outlined in red on Exhibit "B" is owned by the City with an easement granted to the COMPANY by 1859 Ordinance #42. (Exhibit "F").

Ald. Polk, seconded by Ald. Hetzel moved to approve Resolution No. 185.

On call of the roll, the motion carried unanimously.

 

resolution authorizing the redemption of general obligation promissory notes, series 1992

Ald. Wendorf introduced Resolution No. 186.

City of Jefferson

Resolution No. 186

RESOLUTION AUTHORIZING THE REDEMPTION OF GENERAL OBLIGATION PROMISSORY NOTES, SERIES 1992

WHEREAS, the City of Jefferson, Jefferson County, Wisconsin (the "City") has outstanding its General obligation Promissory Notes, Series 1992, dated April 1, 1992 (the 111992 Notes"); and

WHEREAS, this Common Council has determined that it is necessary and desirable to call the 1992 Notes maturing in the years 1999 and 2000 for redemption on April 1, 1998;

NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Jefferson, Jefferson County, Wisconsin, that the 1992 Notes maturing in the years 1999 and 2000 are called for prior payment on April 1, 1998 at the price of par plus accrued interest to the date of redemption.

The City Clerk shall cause timely notice of the call of the 1992 Notes in substantially the form attached hereto as Exhibit A to be given as described in the resolution authorizing the issuance of the 1992 Notes. Any actions previously taken by or on behalf of the City in order to call the 1992 Notes for redemption are hereby ratified and approved.

Ald. Wendorf, seconded by Ald. Oppermann moved to approve Resolution No. 186.

City Administrator Schornack explained that there are two years left on the payments of these notes. They are rated at 6% and 6.2% interest, and the City should be able to get a much more favorable rate at this time. The Administrator also stated that even if the police department portion of the bond does not go through, there is the possibility of a short term note or to pay this note off with the budgeted moneys that would not be used to make the new bond's first payment this year.

Roll was then called on Resolution No. 186. On call of the roll, the motion carried unanimously.

creation of a river improvement fund

Ald. Oppermann introduced Resolution No. 187.

CITY OF JEFFERSON
RESOLUTION nO. 187

BE IT RESOLVED by the Common Council of the City of Jefferson that a River Improvement Fund is hereby created. And,

THEREFORE, BE IT RESOLVED that upon approval of the contributors, donations in the Dam Improvement Fund will also be transferred to the River Improvement Fund.

Ald. Oppermann, seconded by Ald. Carnes moved to approve Resolution No. 187.

On a voice vote, the motion carried.

retaining counsel to represent the jefferson zoning board of appeals

Ald. Carnes introduced Resolution No. 188.

CITY OF JEFFERSON
RESOLUTION nO. 188

BE IT RESOLVED by the Common Council of the City of Jefferson that Attorney Bennett J. Brantmeier is hereby retained at the rate of $95 per hour for out-of-court time, and $110 per hour for in-court time, to represent the City of Jefferson Zoning Board of Appeals concerning the appeal of the conditional use permit for the Police Department building, and the appeal of the variance granted to Wanico LLC.

Ald. Carnes, seconded by Ald. Beyer moved to approve Resolution No. 188.

The City Administrator explained that there will be no action on the police department until after the April election.

City Attorney Scheibel stated that even if the appeal would be dropped by the Common Council, the process is far enough along that the Board of Appeals needs to be able to consult with an attorney about existing paperwork from the courts.

After a lengthy discussion on the temporary sign issue and the pending appeal with the Board of Appeals, roll was called on the motion to hire an attorney for the Board of Appeals. On call of the roll, Ald. Oppermann, Ald. Beyer, Ald. Wagner, Ald. Carnes, and Ald. Polk voted aye; Ald. Hetzel and Ald. Wendorf voted no. The motion carried 5 to 2.

showing support of the wisconsin reliability act

Ald. Oppermann introduced Resolution No. 189.

CITY OF JEFFERSON
RESOLUTION nO. 189

WHEREAS an ample, reliable supply of low-cost electric power is vital to the citizens and economy of the City of Jefferson and communities across the state; and

WHEREAS the state has an obligation to ensure such a supply of electric power to individuals and businesses in Wisconsin, an obligation that has not been reduced in any way by the movement toward deregulation of electric utilities nationally; and

WHEREAS Wisconsin's inventory of electric generating stations is delicately balanced with consumer demand, and a high percentage of the state's generating capacity comprises aging nuclear power plants; and

WHEREAS existing owners of electric transmission facilities in Wisconsin have not provided the capacity to move supplies of electric power to the citizens and businesses of the City of Jefferson if utility's aging nuclear power plants are shut down for repairs; and

WHEREAS these factors combined in the summer of 1997 to threaten the electric power supply to the City of Jefferson and other Wisconsin communities, particularly in eastern Wisconsin and;

WHEREAS, Senators Rodney Moen (D-Whitehall) and Brian Rude (R-Coon Valley), and Representatives John Gard (R-Peshtigo) and Rosemary Potter (D-Milwaukee), have proposed the Wisconsin Reliability Act to help ensure a reliable electric power supply for the City of Jefferson and Wisconsin communities for years to come, by:

NOW THEREFORE BE IT RESOLVED that the Common Council of the City of Jefferson supports the Wisconsin Reliability Act, asks Governor Tommy Thompson to support the bill and expresses its thanks to Senator Scott Fitzgerald and Representative David Ward along with Senators Moen and Rude and Representatives Gard and Potter for sponsoring the measure.

BE IT FURTHER RESOLVED that copies of this resolution be forward to the above legislators and the Municipal Electric Utilities of Wisconsin.

Ald. Oppermann, seconded by Ald. Beyer moved to approve Resolution No. 189.

Ald. Oppermann stated that the Water & Electric Commission has been a supporter of this Act.

The Mayor called for a voice vote on Resolution No. 189. The motion carried.

 

 

approving contract to equip the brush truck

Ald. Wagner introduced Resolution No. 190.

CITY OF JEFFERSON
RESOLUTION nO. 190

BE IT RESOLVED by the Common Council of the City of Jefferson that the City Administrator is hereby authorized to sign a contract with Custom Fire Apparatus, Inc. in the amount of $23,546 for equipping the brush truck.

Ald. Wagner, seconded by Ald. Oppermann moved to approve Resolution No. 190.

The City Administrator explained that the Council had already voted to spend $25,000 on equipping a brush truck, however, now Custom Fire Apparatus, Inc. wants a contract. This resolution will allow the City Administrator to sign the contract.

Roll was then called on Resolution No. 190. The motion carried unanimously.

authorizing account name change at jefferson county bank

Ald. Hetzel introduced Resolution No. 191.

CITY OF JEFFERSON
RESOLUTION nO. 191

BE IT RESOLVED by the Common Council of the City of Jefferson that the City Administrator is hereby authorized to sign a depository declaration for the Jefferson County Bank to change the account names of the TIF Redevelopment Plan Funds to the Redevelopment Plan Funds, (Acct. #128-872 and #230-148.)

Ald. Hetzel, seconded by Ald. Wagner moved to approve Resolution No. 191.

The motion carried on a voice vote.

Ald. Polk, seconded by Ald. Beyer, moved to adjourn to Closed Session pursuant to Section 19.85(1)(c) of the Wisconsin State Statutes to discuss employee compensation and promotion.

On call of the roll, the motion carried unanimously.

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

On call of the roll, the motion carried unanimously.

 

vacation request from tanya parlow

Ald. Beyer introduced Resolution No. 192.

CITY OF JEFFERSON
RESOLUTION nO. 192

BE IT RESOLVED by the Common Council of the City of Jefferson that Tanya Parlow's past service be reinstated for the purposes of calculating vacation time and that as of June 22, 1998, she be placed at the seven year service level on the vacation schedule.

Ald. Beyer, seconded by Ald. Carnes moved to approve Resolution No. 192.

Ald. Beyer stated that the Personnel Committee unanimously approved this resolution.

Roll was then called on Resolution No. 192. The motion carried unanimously.

REPORTS

CHIEF OF POLICE

Chief Besel reported that the same set of juveniles that were caught stealing cars two weeks ago, stole another car last night in the Friskies employee parking lot. The juveniles had been released to their parents custody.

CITY ENGINEER

City Engineer Ludwig reported:

CITY ATTORNEY

City Attorney Scheibel reported on the status of the Braun's Employee Co-op foreclosure.

CITY ADMINISTRATOR

City Administrator Schornack reported:

COMMITTEES

There was discussion and a consensus to have a Committee of the Whole meeting on Marcy 10 at 6:00 p.m. to discuss a possible police department site referendum.

It was requested that Regulatory Committee consider a "No Parking" ordinance between the Fair View Inn driveways at their next meeting.

Ald. Wagner, seconded by Ald. Polk moved to adjourn the March 3, 1998, meeting of the City of Jefferson Common Council. The motion carried unanimously.

These minutes of the March 3, 1998, 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