MINUTES
city of jefferson common council meeting
tuesday, may 5, 1998

The Tuesday, May 5, 1998, 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. Coffman, Ald. Carnes, Ald. Wenzel, Ald. Johann, Ald. Tennyson and Ald. Beyer. Also present was City Administrator Schornack, City Attorney Scheibel, Police Chief Besel, and City Engineer Ludwig.

communications

Mayor Brawders read a letter from Ms. Catherine Klug of 414 S. Fischer Ave. and her concern of the obstructed view at the intersection of S. Center Avenue and E. Milwaukee Street.

public participation

Mr. Tim Bare of 223 W. North Street addressed the Common Council regarding his opposition to the "No Wake" ordinance. He doesn't feel that property owners are that effected by the boats on the river and they do not erode the shore.

Mr. Paul Gagnon of 733 Lucas Lane also stated he was against the "No Wake" ordinance. He feels that there should only be a "no wake" for personal watercraft.

Mr. Bruce Calloway of 826 Rosemary Court stated that he opposes sidewalk on his property. He does not want it on the west side of South Dewey Avenue.

Mr. Richard Fisher of 1239 S. Gafke Avenue stated that he is in favor of the Westphal property purchase.

Mr. Jim Van Lieshout of 229 Meadow Court stated that he is in favor of the Westphal property purchase.

Mr. Dave Schroeder of 765 Lucas Lane stated that he would like to see the "No Wake" ordinance extended even further to the north. Mr. Schroeder stated that he has lost three feet of bank due to boats and personal water craft.

Mr. Lyman Tracy of 415 N. Pleasant Avenue stated that there are safety and noise problems on the river. Mr. Tracy stated that he has lost 10-15 ft. of riverbank in places and is in favor of the "No Wake" ordinance.

committee appointments

Mayor Brawders announced the followings committee appointments: (*signifies Chairperson)
Streets Health Sanitation Committee . . . . . . . . . . . . . . . . . .*Coffman, Wenzel, Alt. Tennyson
Historic Preservation Commission-Council Representative . . . . . . . . . . . . . . . Margaret Beyer
Senior Center Committee
*Ald. Peg Beyer Ald. Tennyson Ald. Johann
Maryann Gleisner Don Buelow Bob & Mary Serns

Nancy Haberman Florence Veith Hilde Will
Stuart Hake Rosalie Betzold Mary Mataya

Frank Doebereiner Sandy Statz & Jan Vannow(non-voting members)

Police Facility Committee *Ald. Carnes Ald. Wenzel

Ald. Johann Ald. Tennyson Det. Gary Bleecker
Paul Gagnon Bob Martin Don Kraus

Chris Adams Dave Knutson

Ald. Wagner, seconded by Ald. Beyer moved to approve the appointments. The motion carried unanimously.

public hearing on proposed rezoning of daniel spangler property on west racine

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.

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. Dan Spangler of 817 W. Milwaukee asked the City Engineer what the new address would be for his property.

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

Ald. Johann introduced Ordinance #9-98 for its second reading.

CITY OF JEFFERSON

PROPOSED ORDINANCE #9-98

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 Residential (R-1) District and adding said property to the Highway and Neighborhood Business (BHN) District:

Description: Commencing at the northeast corner of section 10, town 6 north, range 14 east, thence N 87o 00'00"W, 1333.74 feet; thence S3o 00'00"W, 41.25 feet to the point of beginning; thence S3o 00'00"W, 135.00 feet; thence N 87o 00'00"W, 90.00 feet; thence N 3o 00'00"E, 47.00 feet; thence N87o 00'00"W, 91.00 feet; thence N 3o 00'00"E, 88.00 feet; thence S87o 00'00"E, 181.00 feet to the point of beginning. Said parcel contains 0.46 acres more or less.

Parcel #: portion of 06-14-10-12 and a portion of 06-14-10-12-001

Address: 824 W. Racine 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. Johann, seconded by Ald. Beyer moved to approve Proposed Ordinance #9-98. The motion carried unanimously.

CONSENT AGENDA

Ald. Beyer introduced Resolution No. 11.

CITY OF JEFFERSON
RESOLUTION nO. 11

BE IT RESOLVED by the Common Council of the City of Jefferson that the consent agenda for May 5, 1998, is hereby adopted.

The consent agenda for tonight includes:

Ald. Beyer, seconded by Ald. Tennyson moved to approve Resolution No. 11. The motion carried unanimously.

proposed ordinance to establish a no wake area on the rock and crawfish rivers

Ald. Coffman introduced Ordinance #10-98 for its second reading.

CITY OF JEFFERSON

PROPOSED ORDINANCE #10-98

An ordinance to create new section 9.32, of the Municipal Code of the City of Jefferson related to waterways.

The Common Council of the City of Jefferson does ordain as follows:

Section 1. 9.32 WATERWAYS. (1) Intent. The intent of this chapter is to provide safe and healthful conditions for the enjoyment of aquatic recreation consistent with public rights and interests, and the capability of the water resources upon the waters of the Rock and Crawfish Rivers within the city.

(2) Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Slow no wake means as defined in Wis. Stats. 30.50(12),
Waterway markers means all official waterway markers (signs, buoys, lights, etc.) designed to assist the boater by marking unsafe areas, directing traffic through safe channels, preventing, accidents, and protecting resources.

(3) Applicability and Enforcement. (a) The provisions of this chapter shall apply to the waters of the Rock and Crawfish Rivers that lie within the boundaries of the city, established as shown on the plat of those rivers and filed in the office of the city engineer, and the line of ordinary water mark in these rivers shall be deemed its boundaries at all places elsewhere.

(b) This chapter shall be enforced by the officers of the city.

(4) Boating regulations and safety laws adopted. (a) The state boating laws as found in Wis. Stats. 30.50-30.71 are adopted by reference in this section as if fully set forth.
(b) No person shall operate a boat faster than slow no wake in the waters of the Rock River from the Puerner Street bridge to the South Main Street bridge and on the Crawfish River from the Wisconsin Drive bridge to South Jackson Avenue at any time.

(5) Public access to rivers. The city provides public access to the waters of the Rock and Crawfish Rivers from two municipal boat launches. The first is located on West Riverview Drive east of the Wisconsin Drive Bridge. The second is located on West Candise Street. These shall be the designated points of public access within the city limits. Recreational use of the rivers within the city limits is permitted on publicly owned property adjacent to waters of the Rock and Crawfish Rivers.

(6) Posting requirements. The city shall place and maintain a copy if this chapter at all public access points within the jurisdiction of the city.

(7) Refuse/littering/obstruction. (a) The noxious substance laws as found in Wis. Stats. (SS) 29.29 are adopted and by reference made a part of this section.
(b) It shall be unlawful for any person to throw or allow to be placed bottles, cans or any other debris in the water of the Rock and Crawfish River within the city limits.
(c) No person shall drive any piles, lay any foundation, construct any wall, or build or maintain any building, platform or other structure in or over any part of the Rock or Crawfish Rivers without the permission of the building inspector, and no person shall place or deposit in either river any, earth, stone, ashes, paper boxes, brush, refuse, rubbish or other substance whatsoever, tending to pollute either river or to obstruct their flow to render them unsightly.

(8) Penalties. (a) Any person who intentionally violates sections 3-5 shall be subject to penalties as found in Wis. Stats. 30.80, 30.50 to 30.71 which are adopted by reference in this section as if fully set forth. Failure to satisfy such fine will be subject to the laws of Wis. Stats. Ch. 778.

(b) Any person who intentionally violates section 7 shall be subject to a fifty dollar fine plus costs as set out in Section 25.04(3)(b). Anyone failing to satisfy such fine will be subject to Wis. Stats. ch. 778.

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

Ald. Coffman, seconded by Ald. Wagner moved to approve Proposed Ordinance #10-98.

Ald. Beyer, seconded by Ald. Wagner moved to amend proposed Ordinance #10-98 to include the extension of the "No Wake" for personal watercraft only to the north city limits on the Rock River. The motion to amend was approved unanimously.

Roll was then called on amended Ordinance #10-98. On call of the roll, the motion carried unanimously.

 

resolution authorizing soliciting competitive proposals for general obligation promissory notes

Ald. Carnes introduced Resolution No. 12.

CITY OF JEFFERSON
RESOLUTION nO. 12

RESOLUTION AUTHORIZING EHLERS AND ASSOCIATES, INC.

TO SOLICIT COMPETITIVE PROPOSALS FOR

NOT TO EXCEED $855,000 GENERAL OBLIGATION PROMISSORY NOTES

OF THE CITY OF JEFFERSON, WISCONSIN

WHEREAS, Wisconsin Statutes, Section 67.12(12) authorizes the City of Jefferson to issue General Obligation Promissory Notes; and

WHEREAS, the City needs to provide reimbursement of funds used to purchase land in the industrial park; and

WHEREAS, the City needs to finance public improvements, including, but not limited to, road and bridge repairs: and

WHEREAS, Ehlers and Associates, Inc. is the financial advisor for the City of Jefferson,

NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Jefferson, Jefferson County, Wisconsin, that Ehlers and Associates, Inc. is authorized to solicit competitive proposals for the purchase of not to exceed $855,000 General Obligation Promissory Notes of the City of Jefferson for consideration by the Common Council on June 2, 1998, and that the previous authorization given to Ehlers & Associates to solicit bids for $2,120,000 of General Obligation Corporate Purpose Bonds is rescinded.

BE IT FURTHER RESOLVED, that Ehlers & Associates is authorized to prepare an Official Statement in behalf of the issuer in accordance with Rule 15c2-12 of the General Rules and Regulations, Securities Exchange Act of 1934.

Ald. Carnes, seconded by Ald. Johann moved to approve Resolution No. 12. The motion carried unanimously.

 

accepting offer to purchase and authorizing purchase of westphal property

Ald. Wenzel introduced Resolution No. 13.

CITY OF JEFFERSON
RESOLUTION nO. 13

BE IT RESOLVED by the Common Council of the City of Jefferson that the offer to purchase for the Westphal property is hereby accepted; and

BE IT FURTHER RESOLVED that the City Administrator and City Attorney are hereby authorized to execute documents and consummate the purchase of approximately 14 acres of property from Erna Westphal in the amount of $149,000 with the contingencies provided for in the offer to purchase.

Ald. Wenzel, seconded by Ald. Carnes moved to approve Resolution No. 13. On call of the roll: Ald. Coffman, Ald. Carnes, Ald. Wenzel, Ald. Johann, Ald. Tennyson, and Ald. Beyer voted aye; Ald. Wagner voted no. The motion carried 6 to 1.

extension of dam repair deadline

Ald. Wagner introduced Resolution No. 14.

CITY OF JEFFERSON
RESOLUTION nO. 14

BE IT RESOLVED by the Common Council of the City of Jefferson that the City Engineer is hereby authorized to send a letter to the DNR requesting a six month extension to the dam repair order to enable the Corps of Engineers time to design a fish ladder and incorporate the design into the dam repair plan.

Ald. Wagner, seconded by Ald. Beyer moved to approve Resolution No. 14. The motion carried unanimously.

changing the sidewalk from the east side to the west side of south dewey

Ald. Tennyson introduced Resolution No. 15.

CITY OF JEFFERSON

RESOLUTION NO. 15

BE IT RESOLVED by the Common Council of the City of Jefferson that a four foot sidewalk be constructed along the west side of South Dewey Avenue from East Spring Street to the south property line of Parcel #06-14-11-41-002 and not on the east side as originally planned. And,

BE IT FURTHER RESOLVED that no special assessments will be levied on the property owners.

Ald. Tennyson, seconded by Ald. Beyer moved to approve Resolution No. 15.

After discussion, Ald. Beyer, seconded by Ald. Tennyson moved to withdraw Resolution No. 15. On call of the roll, the motion carried unanimously.

City Attorney Scheibel was directed to draw up a new resolution.

wage schedule for aquatic center personnel

Ald. Beyer introduced Resolution No. 16.

CITY OF JEFFERSON

RESOLUTION NO. 16

BE IT RESOLVED by the Common Council of the City of Jefferson that the Aquatic Center Employee Wage Scales are hereby adopted on a graduated basis as follows:

Manager (420 hrs): 1st yr. $7.75

2nd yr. $8.25

3rd yr. $8.75

($.50 increase for each add'l year of experience)

Lesson Coordinator (225 hrs): 1st yr. $7.25

2nd yr. $7.50

3rd yr. $7.75

($.25 increase for each add'l year of experience)

Lesson Instructors (360 hrs): 1st yr. $6.25

2nd yr. $6.50

3rd yr. $6.75

($.25 increase for each add'l year of experience)

Head Lifeguard (315 hrs): 1st yr. $6.25

2nd yr. $6.50

3rd yr. $6.75

($.25 increase for each add'l year of experience)

Lifeguards/Concession (220 hrs): 1st yr. $5.25

2nd yr. $5.50

3rd yr. $5.75

($.25 increase for each add'l year of experience)

BE IT FURTHER RESOLVED that employees must meet the hour specification listed in category during the regular season in order to be eligible to receive the step increase listed for the following year.

Ald. Beyer, seconded by Ald. Tennyson moved to approve Resolution No. 16. The motion carried unanimously.

AUTHORIZING SUBORDINATION OF CITY'S LIEN ON THE ASSETS OF ANDERSON MACHINING SERVICE, INC TO THE U.S. SMALL BUSINESS ADMINISTRATION

Ald. Carnes introduced Resolution No. 17.

CITY OF JEFFERSON
RESOLUTION nO. 17

BE IT RESOLVED by the Common Council of the City of Jefferson that the City hereby subordinates its liens on the assets of Anderson Machining Service, Inc as granted under two Uniform Commercial Code Financing Statements recorded August 16, 1993 as document numbers 1373569 and 1373570, copies of which are attached, to the Uniform Commercial Code Financing Statements to be filed by the Wisconsin Business Development Finance Corporation with said UCC Financing Statements to be Assigned to the U.S. Small Business Administration, which will secure a certain indebtedness by Anderson to the U.S. SBA under its "504" loan program;

BE IT FURTHER RESOLVED that this subordination shall extend to any financing statements filed by the City of Jefferson on the real property assets of Anderson Machining Service, Inc with the Jefferson County Register of Deeds;

BE IT FURTHER RESOLVED that the City Administrator is hereby authorized to sign the attached Lien Subordination Agreement between the City and Wisconsin Business Development Finance Corporation and the U.S. Small Business Administration, which is incorporated herein.

Ald. Carnes, seconded by Ald. Wenzel moved to approve Resolution No. 17. The motion carried unanimously.

Ald. Wagner, seconded by Ald. Carnes moved to adjourn to Closed Session pursuant to Section 19.85(1)(e) & (g) of the Wisconsin State Statutes to discuss the Purchase of Public Property and to consult with legal counsel.

On call of the roll, the motion carried unanimously.

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

On call of the roll, the motion carried unanimously.

 

withdrawing request for review in circuit court of the variance granted by the zoning board of appeals

Ald. Johann introduced Resolution No. 18.

CITY OF JEFFERSON
RESOLUTION nO. 18

BE IT RESOLVED by the Common Council of the City of Jefferson that the City withdraws the Request of Review in Circuit Court of the variance granted by the Zoning Board of Appeals to WANICO, LLC.

Ald. Johann, seconded by Ald. Wagner moved to approve Resolution No. 18. On call of the roll: Ald. Wagner, Ald. Carnes, Ald. Wenzel, Ald. Johann, and Ald. Tennyson voted aye; Ald. Beyer voted no; and Ald. Coffman abstained. The motion carried 5 to 1 with one abstention.

REPORTS

CHIEF OF POLICE

Chief Besel reported on the problems and challenges of the car show.

CITY ENGINEER

City Engineer Ludwig reported:

CITY ATTORNEY

City Attorney Scheibel reported on the Braun's Employee Cooperative foreclosure, trying to move things along so that the buildings can be sold.

CITY ADMINISTRATOR

City Administrator Schornack reported that:

Ald. Beyer, seconded by Ald. Carnes moved to adjourn the May 5, 1998, meeting of the City of Jefferson Common Council. The motion carried unanimously.

These minutes of the May 5, 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.

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