CITY OF JEFFERSON
COMMON COUNCIL MEETING
TUESDAY, AUGUST 4, 1998

The Tuesday, August 4, 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. Ald. Stevens was absent. Also present were City Administrator Schornack, City Attorney Scheibel, City Engineer Ludwig and City Clerk/Treasurer Elford.

communications

Ald. Wagner thanked everyone that participated in the Tomorrow's Hope events last weekend.

public participation

Mr. Lyman Tracy of 415 N. Pleasant addressed the Common Council regarding the city-owned property on W. Puerner Street. Mr. Tracy feels that site 3 (the parcel on the west bank of the Rock River and south side of W. Puerner Street) would be good for green space. The rest of the city property should be sold for single-family residential. Mr. Tracy gave two petitions to the Mayor that were signed by neighbors, that reflected his opinion.

Mr. Paul Gagnon of 733 Lucas Lane also addressed the Common Council stating that he believes the area should remain single-family residential. There is a river access area already on Lucas Lane. The City doesn't need another access in the area.

Mr. Don Kraus of 702 Windsor Terrace stated that he agrees with single family housing in W. Puerner Street area. He does not agree about a park on site #3. The City could use the tax base and does not need another park.

Mr. Kraus also stated that he feels it is premature to pick the police department site tonight. There should be more information out to the people before a final choice is made.

Mr. Will Larson of 135 S. Fischer stated that as a taxpayer, former council member and former Park & Recreation board member, the Slawson property should be sold to get the most for the citizens' tax dollar. Site #3 should not be a park. Maybe a walkway and something on site #2 could be done since that is a small parcel. Mr. Larson stated that the City has $125,000 in the price of the land and money in infrastructure. It doesn't matter if they are single, duplexes or multi-family, the City needs to get the most money possible. Mr. Larson also stated that he is in favor of the land purchase from Jefferson County, across from the fair grounds.

Mr. Dave Schroeder of 765 Lucas Lane is in favor of single family residential with covenants just like on Lucas Lane. Mr. Schroeder would also like to see Site #3 as residential instead of a park.

Mr. Schroeder also stated that he would like to see the police department site go to referendum before the city spends any money for the fairground site.

A PROCLAMATION

Mayor Brawders read the following proclamation:

WHEREAS: The annual sale of Buddy Poppies by the Veterans of Foreign Wars of the United States has been officially recognized and endorsed by governmental leaders since 1922, and

WHEREAS: VFW Buddy Poppies are assembled by disabled veterans, and the proceeds of this worthy fund-raising campaign are used exclusively for the benefit of disabled and needy veterans, and the widows and orphans of deceased veterans, and

WHEREAS: The basic purpose of the annual sale of Buddy Poppies by the Veterans of Foreign Wars is eloquently reflected in the desire to "Honor the Dead by Helping the Living", therefore

I, Arnold M. Brawders, Mayor of the City of Jefferson do hereby urge the citizens of this community to recognize the merits of this cause by contributing generously to its support through the purchase of Buddy Poppies on the day set aside for the distribution of these symbols of appreciation for the sacrifices of our honored dead.

I urge all patriotic citizens to wear a Buddy Poppy as mute evidence of our gratitude to the men and women of this country who have risked their lives in defense of the freedoms which we continue to enjoy as American citizens.

consent agenda

Ald. Beyer introduced Resolution No. 50.

CITY OF JEFFERSON
RESOLUTION nO. 50

BE IT RESOLVED by the Common Council of the City of Jefferson that the consent agenda for August 4, 1998 is hereby adopted.

The consent agenda for tonight includes:

Operator's license to: Melanie Duursma, 201 Main St., Jefferson, pending proof of class; Michael Crandall, 251 E. Racine, Jefferson, pending completion of background check; and Bunny Shaurette, pending background check completion.

Ald. Beyer, seconded by Ald. Tennyson moved to approve Resolution No. 50. The motion carried unanimously.

updating of the municipal codebook

Ald. Tennyson introduced Ordinance #17-98 for its second reading.

CITY OF JEFFERSON

ORDINANCE #17-98


An ordinance to amend the general ordinances of the City of Jefferson, Wisconsin.

WHEREAS, it is deemed expedient and necessary that the Municipal Code of the City of Jefferson be brought up-to-date; and

WHEREAS, ordinances adopted through Ordinance #15-98, dated June 16, 1998, (excluding Ordinance #10-98), and changes necessitated by changes in State law have now been incorporated into the Municipal Code; and

WHEREAS, a copy of such amended Code has been on file and open for public inspection in the office of the City Clerk for not less than 2 weeks, as required by 66.035, Wis. Stats., and notice thereof was given by publication on July 10, 1998, in the Daily Jefferson County Union;

NOW, THEREFORE, the City Council of the City of Jefferson ordains as follows:

Section 1. That the Code of Ordinances in book form entitled, "Municipal Code of the City of Jefferson, Wisconsin", as amended, shall be and hereby is adopted as the general ordinances in and for the City of Jefferson, Wisconsin.

Section 2. This ordinance shall take effect the day after passage and publication as provided by law.

Ald. Tennyson, seconded by Ald. Wagner moved to approve Proposed Ordinance #17-98. The motion carried on a voice vote.

annexation of a portion of south hwy 26

Ald. Coffman introduced Ordinance #18-98 for its first reading.

CITY OF JEFFERSON

ORDINANCE #18-98


ANNEXING TERRITORY FROM THE TOWN OF JEFFERSON

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 6th day of April, 1998, signed by the owner of all of the land in the territory (zero electors reside therein), the following described territory in the Town of Jefferson, Jefferson County, Wisconsin, is annexed to the City of Jefferson, Wisconsin:

A PART OF THE NE 1/4 OF THE NW 1/4 OF SECTION 14, T. 6 N., R. 14 E., JEFFERSON COUNTY, WISCONSIN.

COMMENCING AT THE NORTHWEST CORNER OF SECTION 14; THENCE S 88o 33' E, 2214.26 FEET ALONG THE NORTH LINE OF SAID SECTION 14; THENCE S 29o 15' W, 90.44 FEET ALONG THE WEST RIGHTOF-WAY LINE OF S.T.H. 26 TO THE POINT OF BEGINNING; THENCE S 88o33'E, 214.80 FEET PARALLEL TO SAID NORTH LINE OF SECTION 14 TO THE EAST LINE OF S.T.H. 26; THENCE S 29o15'W, 1370.08 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF S.T.H. 26; THENCE N 60o45'W, 190.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF S.T.H. 26; THENCE N 29o15' E, 1269.90 FEET ALONG SAID WEST RIGHT-OF-WAY LINE OF S.T.H. 26 TO THE POINT OF BEGINNING. CONTAINING 5.76 ACRES.

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 6th ward of the City of Jefferson, subject to the ordinances, rules and regulations of the City governing wards.

SECTION 4. 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 e which can be given effect without the invalid or unconstitutional provision or application.

SECTION 5. Effective Date: This ordinance shall take effect upon passage and publication as provided by law.

Ald. Beyer, seconded by Ald. Tennyson moved to waive the second reading of proposed Ordinance #18-98. The motion carried unanimously.

Ald. Beyer, seconded by Ald. Tennyson moved to approve proposed Ordinance #18-98. The motion carried on a voice vote.

adding portion of sth 26 to official map

Ald. Wenzel introduced Ordinance #19-98 for its first reading.

CITY OF JEFFERSON

PROPOSED ORDINANCE #19-98

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 street extension of South Main Street (STH 26) from Collins Road to Ryan Road:

A PART OF THE NE 1/4 OF THE NW 1/4 OF SECTION 14, T. 6 N., R. 14 E., JEFFERSON COUNTY, WISCONSIN.

COMMENCING AT THE NORTHWEST CORNER OF SECTION 14; THENCE S 88o 33' E, 2214.26 FEET ALONG THE NORTH LINE OF SAID SECTION 14; THENCE S 29o 15' W, 90.44 FEET ALONG THE WEST RIGHTOF-WAY LINE OF S.T.H. 26 TO THE POINT OF BEGINNING; THENCE S 88o33'E, 214.80 FEET PARALLEL TO SAID NORTH LINE OF SECTION 14 TO THE EAST LINE OF S.T.H. 26; THENCE S 29o15'W, 1370.08 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF S.T.H. 26; THENCE N 60o45'W, 190.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF S.T.H. 26; THENCE N 29o15' E, 1269.90 FEET ALONG SAID WEST RIGHT-OF-WAY LINE OF S.T.H. 26 TO THE POINT OF BEGINNING. CONTAINING 5.76 ACRES.

Section 2. 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 3. 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.

ACCEPTING THE DEDICATION OF a section of n. watertown avenue FOR STREET PURPOSES adjacent to westphal property

Ald. Wagner introduced Resolution No. 51.

CITY OF JEFFERSON

RESOLUTION nO. 51

BE IT RESOLVED by the Common Council of the City of Jefferson that the City hereby accepts the dedication of the section of N. Watertown Avenue, described below, for street purposes:

COMMENCING at the South 1/4 corner of Section 35 T 7N, R 14E, City of Jefferson, Jefferson Co., WI; THENCE S89o59'59"W, along the South line of the said SW 1/4, a distance of 716.55 feet, to the centerline of N. Watertown Avenue, and to a SET Parker-Kalon Masonry Nail (SET P.K.); THENCE S05o 50' 03"W, a distance of 40.26 feet, along said centerline, to a SET P.K., and to the POINT of BEGINNING of the lands to be described; THENCE N88o 26' 01"W, along North line of Lot 7 of the recorded survey of the North West Fractional Quarter Section No 2. T.6 N. R. 14 E. (known as the Stoppenbach Plat), as recorded at the register of deeds office, a distance of 266.74 feet, to a SET I" x 24" Iron Pipe (1.68 lbs/ft) with a yellow plastic plug stamped J.C. KANNARD R.L. S. S-2248 inserted in its top (SET I.P.); THENCE N 05o 50' 03"E, a distance of 187.00 feet, to a SET I.P.; THENCE S88o 26' 01" E, a distance of 266.74 feet, to the Centerline of N. Watertown Avenue, and to a SET I.P.; THENCE S 05o 50' 03"W, along said Centerline, a distance of 187.00 feet, to the POINT OF BEGINNING, containing 49,742 square feet or 1.142 Acres of land, more or less.

Ald. Wagner, seconded by Ald. Johann moved to approve Resolution No. 51.

The motion carried on a voice vote.

 

ACCEPTING THE DEDICATION OF a section of n. watertown avenue FOR STREET PURPOSES adjacent to miller property

Ald. Coffman introduced Resolution No. 52.

CITY OF JEFFERSON

RESOLUTION nO. 52

BE IT RESOLVED by the Common Council of the City of Jefferson that the City hereby accepts the dedication of the section of N. Watertown Avenue, described below, for street purposes:

COMMENCING at the Railroad spike monument that marks the Southwest comer of the Fractional NW 1/4 of Section 2 T 6N, R 14E, City of Jefferson, Jefferson County, WI; THENCE S89o 01' 02"E, along the East West 1/4 line of the said Fractional NW 1/4, a distance of 2072.49 feet; THENCE N00o 58' 58"E, a distance of 264.14 feet, to the Northerly Right of Way (R.O.W.) line of Puerner Street, and to the Easterly R.O.W. line of Browning Avenue, and to a found 1" x 24" Iron Pipe; THENCE N80o 38' 21"E, along said Northerly R.O.W. line, a distance of 156.66 feet, to the Westerly line of Lot 1 of CSM 998; THENCE N18o 15' 56"W, along said Westerly line, a distance of 85.26 feet, to the Northwest corner of said Lot 1; THENCE S89o 12' 00"E, along the Northerly line of said Lot 1, a distance of 144.48 feet, to the Centerline of N. Watertown Avenue, and to a SET Parker-Kalon Masonry Nail (SET P.K.), and to the POINT OF BEGINNING; THENCE N 18o 15' 56"W, along said Centerline, a distance of 115.50 feet, to a SET P.K.; THENCE N89o 12' 00"W, a distance of 34.92 feet, to the West R.O.W. line of said N. Watertown Avenue, and to a found 1" iron pipe; THENCE S 18o 15' 56"E, along said West R.O.W. line, a distance of 115.50 feet; THENCE S89o 12' 00"E, 34.92 feet, to the centerline of N. Watertown Avenue to the POINT OF BEGINNING, containing 3,812 square feet.

Ald. Coffman, seconded by Ald. Wenzel moved to approve Resolution No. 52. The motion carried on a voice vote.

authorizing use of CITY-OWNED PROPERTY ON WEST PUERNER STREET

Ald. Johann introduced Resolution No. 53.

CITY OF JEFFERSON

RESOLUTION NO. 53

BE IT RESOLVED by the Common Council of the City of Jefferson that the sites on West Puerner Street be dealt with as follows:

Site 1 (NW quadrant W. side of bridge): Sell parcel for single family development,

nothing more than duplexes;

Site 2 (NE quadrant W. side of bridge): Keep parcel for park;

Site 3 (SE quadrant W. side of bridge): Sell parcel for condominium construction;

Site 4 (SW quadrant W. side of bridge): Sell parcel for single family development,

no duplexes;

Former police department site: Sell parcel for single family development;

Site east of former police dept. site: Sell parcel for single family development.

Ald. Johann (moved for discussion), seconded by Ald. Beyer on Resolution No. 53.

Ald. Wagner, seconded by Ald. Johann moved to amend Resolution No. 53 as follows: Site #2 for single family development; and Site #3 to be green space or a park.

Ald. Tennyson stated that as a member of the Park & Recreation Commission, he had voted for the scenario as listed in the original resolution, however, after consideration he will now support the amendment.

Ald. Beyer stated that she would not support this amendment. If the City makes Site #3 a park, the Bayfield Estates children will have to cross a very busy street to get to the park. It would be better if the park was kept on Site #2.

Ald. Wenzel stated that the City does have a lot of money tied up in these parcels and he agrees with Will Larson that Site #3 is prime for development.

Ald. Coffman stated that he spoke with the Park, Rec & Forestry Director Cyndi Keller. Director Keller stated that both site #2 and #3 would be high maintenance. Coffman added that when the City purchased the property, it was stated that we could recoup the funds when sold. And while he is not in favor of condos, Ald. Coffman would not be opposed to single family residential to recoup the money.

Ald. Carnes verified that the Council did talk about recouping the money by selling the lots for condominiums and single-family and he believes the Council should follow through on that plan.

Ald. Tennyson inquired on the possibility of the front portion of Site #3 for a park and backside for single family residential.

The City Engineer stated that it would be possible to have two single-family lots.

Ald. Tennyson stated that he feels site #3 is still good for a park now, and could be developed later.

Ald. Wagner called the question. The Mayor asked for a roll call vote on the amendment to Resolution No. 53. On call of the roll, Ald. Johann, Ald. Tennyson, and Ald. Wagner voted aye; Ald. Coffman, Ald. Carnes, Ald. Wenzel, and Ald. Beyer voted no. The amendment was defeated 4 to 3.

Ald. Johann, seconded by Ald. Beyer moved to send Site #2 and Site #3 back to the Plan Commission and Park & Recreation Commission for further consideration. On call of the roll: Ald. Johann, Ald. Tennyson, Ald. Beyer, Ald. Wagner, and Ald. Coffman voted aye; Ald. Carnes and Ald. Wenzel voted no. The amendment passed on a vote of 5 to 2.

Roll was then called on Amended Resolution No. 53. On call of the roll: Ald. Johann, Ald. Tennyson, Ald. Beyer, Ald. Wagner, and Ald. Coffman voted aye; Ald. Carnes and Ald. Wenzel voted no. The amended Resolution passed on a vote of 5 to 2.

 

Approval of New Police Department Building SitE

Ald. Carnes introduced Resolution No. 54.

CITY OF JEFFERSON

RESOLUTION NO. 54

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin that the North Jackson Avenue site across from the fairgrounds is the preferred site, and the Collins Road/South Industrial Avenue site is the second preferred site, for the construction of a new police department building.

Ald. Carnes, seconded by Ald. Wenzel moved to approve Resolution No. 54.

Ald. Wagner, seconded by Ald. Coffman, (for discussion) moved to amend Resolution No. 54 to have 317 S. Main as the preferred site, and the second site as the N. Jackson Avenue site.

Ald. Wagner stated that he has taken a poll of 116 people, of which 50% feel we need a new police department. Out of the 50% for a new P.D., two people want it at some other site, everyone else wants it here, at 317 S. Main.

Ald. Carnes, who had been the chairperson of the Police Facility Committee, asked what purpose there was in having a Police Facility Committee, if the Council is just going to change their decision anyway. The Facility Committee meetings were announced in the paper and on the radio and open to the public. This is the recommendation coming out of the Committee and it should stand as is.

Ald. Johann stated that it would be premature to vote for the 317 S. Main site until after the Braun's Employee Cooperative property auction.

Ald. Tennyson stated that he agrees with Ald. Carnes.

Ald. Beyer stated that she supports the Police Facility Committee's choices.

Ald. Wagner stated that he wished to amend his amendment just include 317 S. Main as a third site. Ald. Coffman seconded.

Ald. Beyer stated that she would want to see comparable prices for the building on each of the sites. Professionally done quotes on 317 S. Main are needed before we see apples to apples.

Roll was then called on the amendment to Resolution No. 54. On call of the roll: Ald. Wagner, Ald. Coffman, and Ald. Carnes voted aye; Ald. Johann, Ald. Wenzel, Ald. Tennyson, and Ald. Beyer voted no. The amendment was defeated 4 to 3.

Ald. Tennyson suggested that there be a referendum on the sites.

Ald. Beyer stated that she believes that the Council is elected to make these decisions.

Roll was then called on Resolution No. 54. On call of the roll: Ald. Johann. Ald. Tennyson, Ald. Beyer, Ald. Wagner, Ald. Carnes, and Ald. Wenzel voted aye; Ald. Coffman voted no. The motion carried 6 to 1.

APPROVING CALLOWAY DEVELOPMENT, LLC DEVELOPER'S AGREEMENT

Ald. Beyer introduced Resolution No. 55.

CITY OF JEFFERSON

RESOLUTION NO. 55

BE IT RESOLVED by the Common Council of the City of Jefferson that the City Administrator is hereby authorized to sign the developer's agreement with Calloway Development, LLC upon receiving the performance bond signed by Mr. Bruce Calloway, as drafted by the City Attorney, and an irrevocable letter of credit in a form acceptable to the City Attorney, and

BE IT FURTHER RESOLVED that in lieu of the irrevocable letter of credit the developer may provide a performance bond from a bonding company in a form acceptable to the City Attorney. And,

BE IT FURTHER RESOLVED that Lake Mills Blacktop or any other entity that provides a surety shall sign the developer's agreement and the performance bond.

Ald. Beyer, seconded by Ald. Wenzel moved to approve Resolution No. 55.

The City Administrator gave an explanation of the developer's agreement with Mr. Bruce Calloway for 18 lots off of S. Dewey Avenue. Mr. Calloway will also be using a performance bond as a personal guaranty instead of a letter of credit.

Roll was then called on Resolution No. 55. On call of the roll: Ald. Beyer, Ald. Wagner, Ald. Coffman, Ald. Carnes, Ald. Wenzel, and Ald. Johann voted aye; Ald. Tennyson voted no. The motion carried 6 to 1.

Ald. Wagner, seconded by Ald. Beyer, moved to adjourn to Closed Session pursuant to Section 19.85(1)(e) of the Wisconsin State Statutes to discuss the Purchase of Public Property.

On call of the roll, the motion carried unanimously.

Ald. Beyer, seconded by Ald. Tennyson moved to reconvene to open session.

On call of the roll, the motion carried unanimously.

REPORTS

CITY ENGINEER

City Engineer Ludwig reported on:

CITY ATTORNEY

City Attorney Scheibel reminded the Council that the Braun's Employee Cooperative Auction is tomorrow at 10 a.m. in the County Courthouse lobby.

CITY ADMINISTRATOR

City Administrator Schornack reported:

CITY CLERK/TREASURER

City Clerk/Treasurer Elford thanked the Common Council for the opportunity for Deputy Clerk Parlow and herself to go to the University of Green Bay again this summer for a week of Municipal Treasurer's schooling. Elford has now graduated from both the Clerk's course and the Treasurer's course.

The City Clerk also stated that the next City Newsletter will be published for September/October in the next two weeks. We will include information on the new police department sites in that issue.

COMMITTEES

Ald. Beyer stated that the next Senior Center Committee meeting will be held on Monday, August 10 at 5:00 p.m., at which time reports will be given by the sub-committees on goals and location.

Ald. Wenzel, seconded by Ald. Carnes moved to adjourn the August 4, 1998, meeting of the City of Jefferson Common Council. The motion carried unanimously.

These minutes of the August 4, 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 Friday, August 14.

need an affidavit

not in the legal section