minutes
CITY OF JEFFERSON COMMON COUNCIL
TUESDAY, JUNE 2, 1998

The Tuesday, June 2, 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. Tennyson and Ald. Beyer. Ald. Johann was absent but expected to arrive later. Also present were City Administrator Schornack, City Attorney Scheibel, Police Chief Besel, City Engineer Ludwig and City Clerk/Treasurer Elford.

public participation

Mr. Bruce Calloway of 826 Rosemary Court addressed the Council on the sidewalk issue on South Dewey. Mr. Calloway stated his opposition to a sidewalk on his property. He stated he would like to see a plan first.

Ms. Kathleen Miller of 921 S. Dewey showed the Council a five-gallon bucket of golf balls that were collected on her front lawn. Ms. Miller told the Council that she feels that a sidewalk on South Dewey, no matter which side of the street you pick, will be too dangerous until the golf course changes the direction of their driving range.

Mr. Jeff Langholff of 461 E. Clancy also stated his opposition to a sidewalk in the area. He stated that the golf course has already paid out $1,200 in damages to him due to the golf ball situation.

Mr. Rick Roll of Vandewalle and Associates addressed the Council and walked them through the proposed revised Master Plan that will be going to a Public Hearing with the Plan Commission on Wednesday, June 24, at 7:00 p.m. Mr. Roll invited all council members and citizens to attend and have their input into the final version of the City of Jefferson Master Plan.

sign committee

Mayor Brawders announced the formation of a Sign Committee to review the city's ordinances. The following citizens were appointed by the Mayor:

Mark Kraner Zoning Board of Appeals Robert Mau Citizen
Jack Dabareiner Zoning Board of Appeals Becky Ashburn Citizen
Bill Brandel Plan Commission Marv Havill Chamber member
Tim Babcock Plan Commission Valerie Lehman Chamber member
Bob Coffman Alderperson Mike Bolger Business Owner
Kevin Wenzel Alderperson Paul Essock Business Owner

board of review

Boards of Review members appointed by the Mayor are Mayor Brawders, Ald. Beyer, Ald. Carnes, Ald. Wagner, and Ald. Wenzel.

All remaining Alderpersons are considered to be alternates, if any members cannot attend. It was announced that there will be a short meeting of the Board of Review after the Common Council meeting to select a chairperson and then the Board will adjourn until the 1998 assessment roll is complete.

consent agenda

Ald. Beyer introduced Resolution No. 24.

CITY OF JEFFERSON
RESOLUTION nO. 24

BE IT RESOLVED by the Common Council of the City of Jefferson that the consent agenda for June 2, 1998 is hereby adopted.

The consent agenda for tonight includes:

annual liquor license renewals

COMBINATION CLASS B LICENSES:

   

American Legion Post 164

Reinhardt-Windl American Legion Post 164/ Michael Bubolz

321 N. Main St.

Butch's Corner Tap

Brian J. Janke

101 E. Racine St.

Chicken's Riverfront Bar

Edward E. Soleska

200 W. Milwaukee St.

Deegs Taco-N-Burger

James R. Deegan

339 E. Racine St.

Duck In

Jane L. Bentheimer

105 N. Main St.

Endl-Gruennert CMH Post 3589 VFW

Endl-Gruennert CMH Post 3589 VFW/Les Pfeifer

1420 S. Main St.

Fair View Inn, Inc.

Fair View Inn, Inc./Jerry R. Witkins

711 W. Racine St.

Harder's Tavern

Valeria E. Streich

202 S. Center Ave.

Jefferson Depot

Jefferson Depot LLC/Richard T. Lien

211 S. Gardner St.

Ken's Towne Inn, Inc.

Ken's Towne Inn, Inc./Kenneth A. Stuessi

124 W. Rockwell St.

RH Landmark Saloon

Furlo LLC./Thomas E. Giorgi

138 S. Main St.

Meadow Springs Country Club

Jefferson Golf Management LLC/Steven M. Stumbras

424 S. Sanborn Ave.

Miss Kitty's Jefferson House

B.B.&T. of Jefferson Inc./Michael Baxter

135 S. Main St.

Ray's Bar Suck ‘Em Up

The Dog's Bollox, LLC/Mark Davey

115 E. Milwaukee St.

Rue's Premiere Lanes

Gregory D. Rue

511 E. Raince St.

Shakers

M & B of Watertown, Inc./Boro Buzdum

209 S. Main St.

     

CLASS A BEER & LIQUOR RETAIL LICENSES:

   

Liquor Shanty

Gerald Pasutin/P.E. Boucher

138 W. Garland St.

M & J Liquor & Sports Store

M & J Liquor & Sports Store, LLC/Judith C. Bolger

625 S. Main St.

The Pitz Stop

Jefferson Liquor & Sport Shop, Inc./Ronald Pitzner

120 W. North St.

     

CLASS A BEER LICENSES:

   

Dave's Piggly Wiggly

Dave L. Lorbecki

921 W. Racine St.

Frank's County Market

Elkhorn-Lueptow's, Inc./Frank Lueptow

1525 S. Hwy 26

     

CLASS B BEER LICENSES:

   

La Azteca

Tomas & Alejandra Rodriguez

125 South Main St.

River Front II

Neim Bekiri

149 Collins Rd.

St. John-Baptist Catholic Church

St. John the Baptist Catholic Church/Father Terrence Connors

333 E. Church St.

   

CLASS C WINE LICENSES:

 

River Front II

Neim Bekiri

149 Collins Rd.

OPERATOR'S LICENSES

LAST

FIRST

ADDRESS

CITY

STATE

Two Year

NEW

     

Austin

Amy C.

221 South Prince Street

Whitewater

WI

Miller

Thomas F.

221 South Prince Street

Whitewater

WI

Strike

Geraldine L.

905 Erik Street

Fort Atkinson

WI

Stumbras

Steve M.

15 Marshall Place

Janesville

WI

One Year

RENEWAL

     

Barrett

Monica S.

330 Grant Street

Fort Atkinson

WI

Bauer

Raphael

154 W. Plymouth

Jefferson

WI

Fenner

Michelle E.

402 N. Main St

Jefferson

WI

Hagedorn

Haley L.

220 S. Watertown

Johnson Creek

WI

Jaquish

David A.

131 Union Street

Sun Prairie

WI

Krebs

Shirley M.

208 Hillcrest Lane

Jefferson

WI

Neuville

Victoria M.

W. Milwaukee Street

Jefferson

WI

Pinnow

Scott A.

W1952 Staude Rd

Sullivan

WI

Tucker

Melvin L.

411 North Elizabeth Ave

Jefferson

WI

Turnipseed

Nancy

137 North Main Street

Jefferson

WI

Witkins

Donald R.

N2429 Highway D

Fort Atkinson

WI

Witkins

Harold L.

711 W. Racine St

Jefferson

WI

Witkins

Shirley K.

711 W. Racine St

Jefferson

WI

Two Year

RENEWAL

     

Allegretti

Linda S.

905 Rosemary Court

Jefferson

WI

Aumann

Joe J.

N5037 Aztalan Court

Jefferson

WI

Bare Sr.

Andy

512 West Linden Drive

Jefferson

WI

Bentheimer

Glenn A.

868 Hillside Drive

Jefferson

WI

Bolger

Daniel

817 Boldt Street

Fort Atkinson

WI

Bolger

Michael

218 South Braun Avenue

Jefferson

WI

Bolger

Terry

218 S. Braun Ave

Jefferson

WI

Bolger

Timothy

N4968 County N

Jefferson

WI

Brown

Russell S.

210 West Cramer

Fort Atkinson

WI

Decoto

Michael E.

305 South Street, Apt. 6

Johnson Creek

WI

Demoe

Robert C.

424 S. Center Ave

Jefferson

WI

Hibbard

Michael B.

W9317 Oakland Rd

Cambridge

WI

Jilek

Lana L.

309 W. Clark

Jefferson

WI

Levake

Darlene R.

302 East Dodge Street

Jefferson

WI

Lorbecki

Jennifer M.

714 Windsor Terrace

Jefferson

WI

Null

Charles W.

411 Wisconsin Drive #306

Jefferson

WI

Orton

Minnie A.

205 W. Milwaukee Street

Jefferson

WI

Pitzner

David

N4750 Popp Road

Jefferson

WI

Seisser

Jeffrey G.

423 East Dodge Street

Jefferson

WI

Sickels

Marcella M.

100 Maple Grove Drive

Jefferson

WI

Simdon

Barbara R.

N4750 Popp Road

Jefferson

WI

Zimdars

Carole J.

326 Union Street

Johnson Creek

WI

Ald. Beyer, seconded by Ald. Tennyson moved to approve Resolution No. 24.

On call of the roll, the motion carried unanimously.

proposed ordinance to change to 2 hour parking on s. center ave

Ald. Tennyson introduced Ordinance #11-98 for its second reading.

city of jefferson
proposed ordinance #11-98

An Ordinance to Amend Section 7.03(2)( c) of the Municipal Traffic Code Related to Two Hour Parking Zones.

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

Section 1. Section 7.03(2)( c)1. is hereby amended to add the following to the Two Hour Parking Zone:

Along South Center Avenue, west side, from a point 110 feet south of the south right-of-way of East Dodge Street and extending south 185 feet to the Court House access across from East Linden Drive.

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

Ald. Tennyson, seconded by Ald. Wagner moved to approve Proposed Ordinance #11-98.

Regulatory Committee reported that they are unanimously in favor of this ordinance change. The committee stated that they reviewed a traffic (parking) count and felt that W. Washington Street is under-utilized and encourages county employees to consider parking on W. Washington.

Roll was then called on proposed Ordinance #11-98. On call of the roll, the motion carried unanimously.

proposed ordinance to create no parking zones near the intersection of puerner and north main street

Ald. Wagner introduced Ordinance #12-98 for its second reading.

city of jefferson

proposed ordinance #12-98

An Ordinance to Amend Section 7.03(4)(h) of the Municipal Traffic Code Related to No Parking Zones.

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

Section 1. Section 7.03(4)(h) is hereby amended to add the following no parking zones:

-East Puerner St., south side, from the east right-of-way of North Main St., to the east right-of-way of Rail Street;
-West Puerner St., south side, from the west right-of-way of North Main St., to the west right of way of N. Watertown Avenue extended;
-East Puerner Street, north side, from the east right-of-way of North Main St., to the east right of way of the Union Pacific Railroad Company;
-West Puerner St., north side, from the west right-of-way of North Main Street, to the west right-of-way of N. Watertown Avenue;
-North Main Street, east side, from the north right-of-way of E. Puerner Street, north 75 feet; and
-North Main Street, west side, from the north right-of-way of W. Puerner Street, north 150 feet.

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

Ald. Wagner, seconded by Ald. Beyer moved to approve Proposed Ordinance #12-98. City Engineer Ludwig explained that the Wisconsin Department of Transportation requires this ordinance for the city to be eligible to obtain permanent traffic signals at the intersection of N. Main and Puerner streets.

The Mayor called for a voice vote. The motion carried.

amending traffic code to remove parking restrictions on n. high avenue

Ald. Beyer introduced Ordinance #13-98 for its first reading.

city of jefferson

proposed ordinance #13-98

An Ordinance to Amend Section 7.03(4)(p) of the Municipal Traffic Code Related to No Parking Zones.

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

Section 1. Section 7.03(4)(p) is hereby amended to delete the following No Parking from April 1 to December 1 zone:

The west side of North High Street, from its intersection with W. Racine Street north to its intersection with Clark Street.

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

This is a first reading.

 

amending the traffic code to add no parking on north main across from candise street

Ald. Tennyson introduced Ordinance #14-98 for its first reading.

city of jefferson

proposed ordinance #14-98

An Ordinance to Amend Section 7.03(4)(h) of the Municipal Traffic Code Related to No Parking Zones.

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

Section 1. Section 7.03(4)(h) is hereby amended to add the following no parking zone:

North Main Street, east side, starting 234 ft. south of the E. North Street south right-of-way line, extending 66 ft. south

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

This is a first reading.

 

street dedication of the extension of browning avenue

Ald. Wenzel introduced Ordinance #15-98 for its first reading.

CITY OF JEFFERSON

PROPOSED ORDINANCE #15-98

An ordinance amending Section 8.01, the Official Map of the City of Jefferson.

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

Section 1. The Official Map of the City of Jefferson is hereby amended to include the following street extension of Browning Avenue:

A part of the SE ¼ of the fractional NW ¼ of Section 2, Town 6 North, Range 14 East, City of Jefferson, Jefferson County, Wisconsin, described as commencing at the railroad spike that marks the SW corner of the fractional NW ¼ of said Section 2; thence S89o01'02"E along the east-west ¼ line of said fractional NW ¼, 2,072.49 feet; thence N00o58'58"E, 26.14 feet, to the point of beginning, thence S80o38'12"E, 124.96 feet; thence N18o15'56"W, 241.33 feet; thence S89o12'00"E, 169.67 feet; thence S18o15'56"E, 230.00 feet, to the point of beginning.

The above amendments shall be entered and attested to in a Certified copy of the Official Map; and a copy hereof shall be recorded at the office of the Register of Deeds.

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 street extensions incorporated herein the Official Map, City of Jefferson.

This is a first reading.

INSTALLING SIDEWALK ON THE WEST SIDE OF SOUTH DEWEY AVENUE

Ald. Carnes introduced Resolution No. 25.

CITY OF JEFFERSON

RESOLUTION NO. 25

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.

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

Ald. Carnes, seconded by Ald. Beyer moved to approve Resolution No. 25.

Ald. Wagner, seconded by Ald. Carnes moved to amend Resolution No. 25 by adding, "Be it further resolved that sidewalks will be placed on the north side of E. Clancy and on South Whitewater Avenue in 1999."

Ald. Johann arrived at this time.

After discussion of whether or not adding this amendment would mean that the added sidewalks would not be special assessed, Ald. Carnes withdrew his second. The motion then died due to the lack of a second.

Ald. Johann, seconded by Ald. Beyer moved to amend Resolution No. 25 to include sidewalk on the west side of E. Spring Street through Stoppenbach Park north to Linden.

Ald. Wenzel stated that the Streets, Health Sanitation Committee discussed this option, however, there would be no funding for that portion of sidewalk until 1999.

The City Engineer stated that it would cost approximately $5,000 to $8,000 to do that portion of the sidewalk.

Ald. Johann withdrew her amendment.

Ald. Coffman stated his opposition of the sidewalk noting that it is a sidewalk starting in a golf course and ending in the golf course and it is next to a driving range.

Ald. Johann inquired if there would be enough room on the street for bike lanes.

The City Engineer explained that the agreed upon street width is too narrow for bike lanes, however, South Dewey is designated a collector street and people are bound to walk or bike on South Dewey.

City Administrator Schornack stated that the Streets Committee voted not to make a recommendation to the Council on the sidewalk on South Dewey.

Ald. Beyer suggested that our City Attorney write the golf course regarding the city's concerns for the stray golf balls from their driving range.

The Mayor called for a vote on Resolution No. 25. On call of the roll, Ald. Wenzel, Ald. Johann, AT, Ald. Beyer, Ald. Wagner, and Ald. Coffman voted aye; Ald. Carnes voted no. The motion carried 6 to 1.

BRAUN'S EMPLOYEE PRODUCTION COOPERATIVE PROPERTY APPRAISALS

Ald. Johann introduced Resolution No. 26.

CITY OF JEFFERSON

RESOLUTION NO. 26

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin that the City Administrator is authorized to sign an agreement with Aari Roberts of AJ Appraisals of Watertown, Wisconsin to perform an appraisal of two Braun Employee Production Cooperative buildings. The two buildings are the Quonset next to City Hall and the Jensen Plumbing & Heating building in Lake Mills. The cost of the appraisals is $500 each.

Ald. Johann, seconded by Ald. Beyer moved to approve Resolution No. 26.

The City Administrator explained that the City Attorney has now received the judgement of the courts on the issue of foreclosure so that we can sell the last of the Braun's Employee Production Cooperative property. This consists of the Quonset building to the west of the Police Department, the vacant lot directly across Gardner Avenue from the Quonset, and the Jensen Heating and Cooling property in Lake Mills. It was also stated that the city only has a two-month window of time to accomplish this.

The City Administrator also stated that Mr. Roberts says he can do the appraisals in two weeks.

After further discussion, roll was called on Resolution No. 26. On call of the roll, Ald. Johann, Ald. Tennyson, Ald. Beyer, Ald. Wagner, Ald. Coffman, and Ald. Carnes voted aye; Ald. Wenzel abstained. The motion carried 6 to 0, with one abstention.

 

SURVEY OF WESTPHAL PROPERTY AND PREPARING CERTIFIED SURVEY MAP

Ald. Beyer introduced Resolution No. 27.

CITY OF JEFFERSON

RESOLUTION NO. 27

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin that the City Administrator is authorized to sign an agreement with Southwest Surveying & Engineering to survey and prepare a certified survey map of the Westphal property for an amount not to exceed $3,355.

Ald. Beyer, seconded by Ald. Tennyson moved to approve Resolution No. 27.

The City Administrator explained that there is some dispute regarding the property lines and a CSM is required, therefore, a survey is necessary at this time.

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.

PROPOSED LAND SALES FORMULA FOR SOUTH INDUSTRIAL PARK

Ald. Coffman introduced Resolution No. 28.

CITY OF JEFFERSON

RESOLUTION NO. 28

BE IT RESOLVED by the Common Council of the City of Jefferson that the proposed land sales formula for the South Industrial Park dated June 2, 1998, is hereby approved.

Ald. Coffman (for discussion purposes), seconded by Ald. Carnes moved to approve Resolution No. 28.

Ald. Coffman stated that he really has always believed that a new employer in town is more important than the land price.

The City Administrator explained that the Jefferson Development Corporation approved this sales formula back in January. However, the Finance Committee tonight does not have a recommendation for the Council.

After further discussion, the Mayor called for a voice vote. The motion carried with only one no vote from Ald. Coffman.

 

REQUEST TO TEMPORARILY CLOSE NEWMAN COURT TO PUBLIC ACCESS

Ald. Wagner introduced Resolution No. 29.

CITY OF JEFFERSON

RESOLUTION NO. 29

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin that Newman Court is hereby closed to public access (except emergency vehicles) on Saturday, June 27, 1998 from the hours of 3:00 p.m. to 10:30 p.m. and that the street right-of-way is hereby leased to Marie Linse in the amount of $1 to facilitate a block party.

Ald. Wagner, seconded by Ald. Johann moved to approve Resolution No. 29.

The motion carried on a voice vote.

hire of fireworks display company

Ald. Tennyson introduced Resolution No. 30.

CITY OF JEFFERSON
RESOLUTION nO. 30

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin that the City Administrator is hereby authorized to contract with Bartolotta's Fireworks to provide and display the 1998 fireworks for an amount not-to-exceed $4,500. This money was budgeted for in 1998.

Ald. Tennyson, seconded by Ald. Wenzel moved to approve Resolution No. 30. On call of the roll, the motion carried unanimously.

approval of park facility maintenance proposal

This item was removed from the agenda.

AUTHORIZING THE ISSUANCE AND SALE OF $855,000 GENERAL OBLIGATION PROMISSORY NOTES

Ald. Carnes introduced Resolution No. 32.

CITY OF JEFFERSON

RESOLUTION NO. 32

A RESOLUTION AUTHORIZING THE CITY OF JEFFERSON

TO BORROW THE SUM OF $855,000 BY ISSUING

GENERAL OBLIGATION PROMISSORY NOTES PURSUANT TO

SECTION 67.12(12) OF THE WISCONSIN STATUTES

AND AUTHORIZING THE SALE OF THE NOTES

WHEREAS the City of Jefferson, Jefferson County, Wisconsin (sometimes hereinafter called the "City") is presently in need of the sum of Eight Hundred Fifty-Five Thousand Dollars ($855,000) for public purposes, including paying the cost of the purchase of land in the industrial park, road and bridge repairs and other public improvements; and

WHEREAS the Common Council deems it necessary and in the best interest of the City that the monies needed for such purposes be borrowed by issuing general obligation promissory notes pursuant to the provisions of Section 67.12(12), Wis. Stats., upon the terms and conditions hereinafter provided; and

WHEREAS the City has duly received bids for its proposed issue of $855,000 General Obligation Promissory Notes (the "Notes"); and

WHEREAS it has been determined that the best bid received was that submitted by Bankers' Bank;

NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Jefferson, Jefferson County, Wisconsin, that:

Section 1. Award. The bid of Bankers, Bank, for the purchase price of $853,290, be and it hereby is accepted and the Mayor and City Clerk are authorized and directed to execute an acceptance of the offer of said successful bidder on behalf of the City. The good faith deposit of the successful bidder shall be retained by the City Treasurer until the closing of the note issue, and any good faith deposits submitted by unsuccessful bidders shall be promptly returned.

Section 2. The Notes. The Mayor and City Clerk shall make, execute and deliver the Notes to said purchaser, for and on behalf of the City. The Notes shall be negotiable, general obligation promissory notes of the City, registered as to both principal and interest, in the denomination of Five Thousand Dollars ($5,000) each, or whole multiples thereof, numbered from R-1 upward and dated June 1, 1998. The Notes shall mature on June 1 of each of the years and shall bear interest at the rates per annum as follows:

Year Amount Interest Rate

1999 $175,000 4.10%

2000 100,000 4.10

2001 100,000 4.15

2002 50,000 4.20

2003 50,000 4.25

2004 380,000 4.30

Said interest shall be payable on June 1 and December 1 of each year, commencing December 1, 1998. Interest shall be computed upon the basis of a 360-day year of twelve 30-day months and will be rounded pursuant to the rules of the Municipal Securities Rulemaking Board.

Notes maturing in the years 2002 through 2004 shall be subject to call and prior payment at the option of the City in whole or from time to time in part on June 1, 2001 or on any day thereafter at the price of par plus accrued interest to the date of redemption. The amounts and maturities of the Notes to be redeemed shall be selected by the City. If less than the entire principal amount of any maturity is to be redeemed, the Notes of that maturity which are to be redeemed shall be selected by lot.

Section 3. Form of Notes. The Notes shall be in substantially the form set forth on Exhibit A.

Section 4. Tax Provisions.

(A) Direct, Annual Irrepealable Tax. For the purpose of paying the principal of and interest on each of said Notes as the same respectively falls due, the full faith, credit and taxing powers of the City are hereby irrevocably pledged and there be and there hereby is levied on all of the taxable property in the City a direct, annual irrepealable tax in an amount and at the times sufficient for said purpose, such tax to be for the following years and in the following minimum amounts:

For the year 1998 $225,397.50

For the year 1999 126,765.00

For the year 2000 122,640.00

For the year 2001 69,515.00

For the year 2002 67,402.50

For the year 2003 388,170.00

(B) Tax Collection. The City shall be and continue without power to repeal such levy or obstruct the collection of said tax until all such payments have been made or provided for. After the issuance of the Notes, said tax shall be, from year to year, carried into the tax rolls of the City and collected as other taxes are collected, provided that the amount of tax carried into said tax rolls may be reduced in any year by the amount of any surplus money in the Debt Service Account created in Section 5(A) hereof.

(C) Additional Funds. If at any time there shall be on hand insufficient funds from the aforesaid tax levy to meet principal and/or interest payments on said Notes when due, the requisite amounts shall be paid from other funds of the City then available, which sums shall be replaced upon the collection of the taxes herein levied.

(D) Appropriation. There be and there hereby is appropriated from funds of the City on hand a sum sufficient to be deposited in the Debt Service Account to meet payments with respect to debt service due on December 1, 1998, which sum may be returned to the general fund upon collection of the taxes herein levied for the year 1998.

Section 5. Debt Service Fund and Account.

(A) Creation and Deposits. There be and there hereby is established in the treasury of the City, if one has not already been created, a debt service fund, separate and distinct from every other fund, which shall be maintained in accordance with generally accepted accounting principles. Sinking funds established for obligations previously issued by the City may be considered as separate and distinct accounts within the debt service fund.

Within the debt service fund, there be and there hereby is established a separate and distinct account designated as the "Debt Service Account for $855,000 'General Obligation Promissory Notes' dated June 1, 199811 (the "Debt Service Account") and such account shall be maintained until the indebtedness evidenced by the Notes is fully paid or otherwise extinguished. The City Treasurer shall deposit in such Debt Service Account (i) all accrued interest received by the City at the time of delivery of and payment for the Notes; (ii) the taxes herein levied for the specific purpose of meeting principal of and interest on the Notes when due; (iii) such other sums as may be necessary at any time to pay principal of and interest on the Notes when due; (iv) any premium which may be received by the City above the par value of the Notes and accrued interest thereon; (v) surplus monies in the Borrowed Money Fund as specified in Section 6 hereof; and (vi) such further deposits as may be required by Sec. 67.11, Wis. Stats.

(B) Use and Investment. No money shall be withdrawn from the Debt Service Account and appropriated for any purpose other than the payment of principal of and interest on the Notes until all such principal and interest has been paid in full and canceled; provided (i) the funds to provide for each payment of principal of and interest on the Notes prior to the scheduled receipt of taxes from the next succeeding tax collection may be invested in direct obligations of the United States of America maturing in time to make such payments when they are due or in other investments permitted by law; and (ii) any funds over and above the amount of such principal and interest payments on the Notes may be used to reduce the next succeeding tax levy, or may, at the option of the City, be invested by purchasing the Notes as permitted by and subject to Section 67.11(2)(a), Wis. Stats., in interest-bearing obligations of the United States of America, in other obligations of the City or in other investments permitted by law, which investments shall continue to be a part of the Debt Service Account.

(C) Remaining Monies. When all of the Notes have been paid in full and canceled, and all permitted investments disposed of, any money remaining in the Debt Service Account shall be deposited in the general fund of the City, unless the Common Council directs otherwise.

Section 6. Proceeds of the Notes. All monies received by the City upon the delivery of the Notes to the purchaser thereof, except for accrued interest and premium, if any, shall be deposited by the City Treasurer into a special fund (the "Borrowed Money Fund") which shall be maintained separate and distinct from all other funds of the City and shall be used for no purpose other than the purposes for which the Notes are issued. monies in the Borrowed Money Fund may be temporarily invested as provided in Section 66.04(2), Wis. Stats. Any monies, including any income from permitted investments, remaining in the Borrowed Money Fund after the purposes for which the Notes have been issued have been accomplished, and, at any time, any monies as are not needed and which obviously thereafter cannot be needed for such purposes shall be deposited in the Debt Service Account.

Section 7. No Arbitrage. All investments permitted by this resolution shall be legal investments, but no such investment shall be made in such a manner as would cause the Notes to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"), or the Regulations of the Commissioner of Internal Revenue thereunder (the "Regulations"); and an officer of the City, charged with the responsibility for issuing the Notes, shall certify as to facts, estimates, circumstances and reasonable expectations in existence on the date of closing which will permit the conclusion that the Notes are not "arbitrage bonds," within the meaning of the Code or Regulations.

Section 8. Persons Treated as owners; Transfer of Notes. The City Clerk shall keep books for the registration and for the transfer of the Notes. The person in whose name any Note shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes and payment of either principal or interest on any Note shall be made only to the registered owner thereof. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Note to the extent of the sum or sums so paid.

Any Note may be transferred by the registered owner thereof by surrender of the Note at the office of the City Clerk, duly endorsed for the transfer or accompanied by an assignment duly executed by the registered owner or his attorney duly authorized in writing. Upon such transfer, the Mayor and City Clerk shall execute and deliver in the name of the transferee or transferees a new Note or Notes of a like aggregate principal amount, series and maturity, and the City Clerk shall record the name of each transferee in the registration book. No registration shall be made to bearer. The City Clerk shall cancel any Note surrendered for transfer.

The City shall cooperate in any such transfer, and the Mayor and City Clerk are authorized to execute any new Note or Notes necessary to effect any such transfer.

The fifteenth day of each calendar month next preceding each interest payment date shall be the record dates for the Notes. Payment of interest on the Notes on any interest payment date shall be made to the registered owners of the Notes as they appear on the registration book of the City at the close of business on the corresponding record date..

Section 9. Compliance with Federal Tax Laws. (a) The City represents and covenants that the projects financed by the Notes and their ownership, management and use will not cause the Notes, to be "private activity bonds" within the meaning of Section 141 of the Code, and that the City shall comply with the provisions of the Code to the extent necessary to maintain the tax-exempt status of the interest on the Notes including, if applicable, the rebate requirements of Section 148(f) of the Code. The City Clerk or other officer of the City charged with the responsibility of issuing the Notes shall provide an appropriate certificate of the City certifying that the City can and covenanting that it will comply with the provisions of the Code and Regulations.

(b) The City also covenants to use its best efforts to meet the requirements and restrictions of any different or additional federal legislation which may be made applicable to the Notes provided that in meeting such requirements the City will do so only to the extent consistent with the proceedings authorizing the Notes and the laws of Wisconsin and to the extent that there is a reasonable period of time in which to comply.

Section 10. Designation as Qualified Tax-Exempt Obligations. The Notes are hereby designated as "qualified tax-exempt obligations" for purposes of Section 265 of the Internal Revenue Code of 1986, as amended, relating to the ability of financial institutions to deduct from income for federal income tax purposes, interest expense that is allocable to carrying and acquiring tax-exempt obligations.

Section 11. Utilization of The Depository Trust Company Book-Entry-Only System. In order to make the Notes eligible for the services provided by The Depository Trust Company, New York, New York, the City agrees to the applicable provisions set forth in the Blanket Issuer Letter of Representations previously executed on behalf of the City and on file in the City Clerk's office.

Section 12. Payment of Issuance Expenses. The City authorizes the purchaser to forward the amount of Note proceeds allocable to the payment of issuance expenses to Resource Bank & Trust Company, Minneapolis, Minnesota on the closing date for further distribution as directed by the City's financial advisor, Ehlers and Associates, Inc.

Section 13. Official Statement. The Common Council hereby approves the Official Statement with respect to the Notes including addenda and deems the Official Statement and addenda as "final" for purposes of SEC Rule 15c2-12. All actions taken by officers of the City in connection with the preparation of such Official Statement and addenda are hereby ratified and approved. In connection with the closing for the Notes, the appropriate City official shall certify the Official Statement and addenda. The City Clerk shall cause copies of the Official Statement and addenda to be distributed to the purchaser of the Notes.

Section 14. Records. The City Clerk shall provide and keep a separate record book and shall record a full and correct statement of every step or proceeding had or taken in the course of authorizing and issuing these Notes.

Section 15. Closing. The Mayor and City Clerk of the City are hereby authorized and directed to execute and deliver the Notes to the purchaser thereof upon receipt of the borrowed funds, accrued interest to date of delivery and premium, if any. The Mayor and City Clerk may execute the Notes by manual or facsimile signature, but at least one of said officers shall sign the Notes manually.

The officers of the City are hereby directed and authorized to take all steps necessary or convenient to close this issue as soon as practicable hereafter, in accordance with the terms of sale thereof; and said officers are hereby authorized and directed to execute and deliver such documents, certificates and acknowledgments as may be necessary or convenient in accordance therewith.

Ald. Carnes, seconded by Ald. Wenzel moved to approve Resolution No. 32. On call of the roll, the motion carried unanimously.

REPORTS

CHIEF OF POLICE

Chief Besel reported on the Bike Rodeo held last weekend.

CITY ENGINEER

City Engineer Ludwig reported:

CITY ADMINISTRATOR

City Administrator Schornack reported:

COMMITTEES

Ald. Carnes stated that the Police Facilities Committee will meet again on June 9 at 7:00 p.m.

Ald. Beyer stated that the Senior Center Committee will meet either on Tuesday or Thursday, June 9 or 11, at 5:00 p.m. (depending upon when the Jefferson baseball team plays at state tournament.)

Ald. Wagner, seconded by Ald. Tennyson moved to adjourn the Jefferson Common Council meeting of Tuesday, June 2, 1998. The motion carried unanimously.

These minutes of the June 2, 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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