MINUTES

city of jefferson common council meeting
tuesday, NOVEMBER 17, 1998

The Tuesday, November 17, 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. Stevens, Ald. Johann, Ald. Tennyson and Ald. Beyer. Also present were City Administrator Schornack, City Attorney Scheibel, Police Chief Besel, City Engineer Ludwig and City Clerk/Treasurer Elford.

public participation

Mr. Merlyn Seitz, 424 S. Highland asked when the Racine Street bridge will be open and if the traffic lights will stay on Puerner and Main Streets after the bridge project is completed. Mayor Brawders stated that the dedication of the Racine Street bridge will be December 8, however, it may be open to traffic before that date. The Mayor also stated that as far as we know at this time, the traffic lights at Puerner and Main will become permanent. Mr. Seitz also asked about traffic lights at Main & Plymouth Street. The Mayor replied that the state will not allow traffic lights at that intersection.

Ms. Hilde Will, 324 N. Elizabeth, Apt. 1 addressed the Council regarding her disapproval of the proposal to transfer funds from the Senior Center fund to the General fund. Ms. Will also stated that she is working on the Friends of the Seniors Committee, which intends to develop fundraising programs to help the Senior Center become more self-sufficient.

Scott Johnson of Healthy Youth, Healthy Community distributed literature to inform the public about what our children are doing and how the community can help with their development.

Kenneth Pugh, 551 E. Elm Street wanted to show the Council how many residents were in attendance to show their support of the zoning change of the St. Coletta property. Mr. Pugh asked for a show of hands and 20 to 30 hands raised.

MAYORAL APPOINTMENTS

Ald. Wagner, seconded by Ald. Tennyson to approve the appointments of Mr. Bennett Brantmeier to the Police & Fire Commission to replace Mr. Gilbert Lenz, and Mr. Ron Blair to the Parks & Recreation Commission to replace Mr. Jeff Seisser.

The motion carried on a voice vote.

mayoral proclamation

Mayor Brawders read the following proclamation:

AMERICAN EDUCATION WEEK

WHEREAS, The schools represent a major investment by any community; and

WHEREAS, Teachers are a most important part of our community's leadership; and

WHEREAS, Schools represent the best possible avenue of improving the quality of life in our Country; and

WHEREAS, There is a need for better communication an a more cooperative relationship between professional educators and the community; now, therefore,

I, Mayor Arnold M. Brawders, of the City of Jefferson, do hereby design and declare November 15-21, 1998, to be American Education Week and do urge all citizens to:

Reaffirm their commitment to improving and supporting education at all levels; and

Translate this commitment into action by visiting our local schools.

proposed ordinance amending the zoning map from multi-family to single family residential on south highland ave from luchenbach st to e. spring st

Mayor Brawders called the public hearing to order.

City Administrator Schornack read the Notice of Public Hearing.

City Engineer Dan Ludwig gave an explanation of the proposed amendment to the official map and showed area via overhead 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.

Arnold Schumann, 537 S. Fischer addressed the Council in favor of the rezoning on behalf of the neighborhood. They do not believe there will be any adverse effect on St. Coletta. They will be selling the property to developers and the developers are the people the city wants to control. They have no desire to hurt St. Coletta. The neighborhood just wants to minimize traffic and the number of residents that multifamily zoning would allow.

Jack Monco, on the Board of Directors of St. Coletta, addressed the Council. He stated that St. Coletta was approached by Meadow Springs and asked to allow expansion. Hearings were held, several of them, in 1995 that talked about this development and the zoning requested. Mr. Monco stated that he feels this change does hurt St. Coletta because the value of the property as multifamily is greater than as single family. St. Coletta went into negotiations with Meadow Springs with the understanding of the zoning being done in 1995. Actions to strip our value does give us cause of concern. He stated that it is a dangerous precedent for a Council to down zone and change their decision. The City now has a very nice golf course, a new road, and residential housing starts. The only change St. Coletta has made in the last three years is to build one group home. It would be devastating to St. Coletta to change the zoning. Mr. Monco stated that he hopes it is not an act of prejudice or fear of what could happen on this property and respectfully requested that the Council consider this.

Arnold Schumann, 537 S. Fischer, addressed the Council with a rebuttal to Mr. Monco. He stated that the neighborhood is in no way prejudice and that is not their reason for being here. There are no traffic studies or specific plans for the area-not then, not now. They want the rezoning for the protection of the residents in the area from excessive traffic and overcrowding multifamily housing would bring.

Merlyn Seitz, 424 S. Highland, stated that he was in agreement that the rezoning should be done.

Dale Oppermann, 224 S. Wilson, addressed the Council to state that he was a council person in 1995 and he did not feel at that time that the rezoning was looking out for the citizens of Jefferson, only a special interest group. Mr. Oppermann stated that he is in favor of the rezoning.

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

Ald. Johann introduced Ordinance #22-98 for its second reading.

CITY OF JEFFERSON

PROPOSED ORDINANCE #22-98

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 Multi-Family (RM) District and adding said property to the Single Family (R-1) District:

Description: Beginning at a point of the centerline of South Kranz Avenue at its intersection with the south line of a 20' public alley presently named Luckenbach Lane; thence N.87o05'W., along said south line 649.50 feet to the centerline of South Highland Avenue; thence S.0o20'W., along said centerline 630 feet to the centerline of East Spring Street; thence S.87o05'W., along the centerline of a proposed extension of East Spring Street 460 feet to a point of intersection with the centerline of a proposed extension of the centerline of South Kranz Avenue; thence N.21o24"E., 526.66 feet and N.0o20'E., 130.00 feet along the centerline of the proposed extension of the centerline of South Kranz Avenue to the point of beginning.

Parcel #: Part of 06-14-12-23

Address: St. Coletta Property along S. Highland and Luchenbach St.

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. Tennyson moved to approve Proposed Ordinance #22-98.

Ald. Johann stated that she takes offense to the prejudice comment.

Ald. Beyer stated that she was a Councilperson in 1995 and voted for the multifamily zoning because the concept of the project was exciting and she was under the impression that it would happen soon. There was a real need for more residential lots in the city then, but not now. The Council can change its mind. The City has always been in support of St. Coletta for 90 years. This is not a slight to those residents.

Ald. Wagner stated that he had voted for the rezoning in 1995. It was part of the overall deal made with Meadow Springs and St. Coletta in 1995. Therefore, he would like to make an amendment to keep multifamily on the south 4 acres and only change the north 4 acres to single family. The motion died for lack of a second.

Mayor Brawders stated that he does not consider changing from multifamily to single family as "down zoning".

On call of the roll, Ald. Coffman, Ald. Carnes, Ald. Wenzel, Ald. Stevens, Ald. Johann, Ald. Tennyson, and Ald. Beyer voted aye; Ald. Wagner voted no. The motion carried 7 to 1.

proposed ordinance amending the zoning map from limited industry (ml) district to single family (r-1) residential district at 683 n. watertown rd

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.

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

Ald. Wenzel introduced Ordinance #23-98 for its second reading.

CITY OF JEFFERSON

PROPOSED ORDINANCE #23-98

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 Limited Industry (ML) District and adding said property to the Single Family Residential (R-1) District:

Description: Commencing at the West corner of section 2, T6N, R14E; thence S89o01'02" E., thence N18o15'56"W, 148.10 feet to the point of beginning; thence N89o01'02"W, 180.00 feet; thence N18o15'56"W, 53.72 feet; thence N81o14'09"E, 35 feet; thence S18o15'56"E, 60 feet; thence S89o01'02"E, 145.00 feet; thence S18o15'56"E, 35.00 feet to the point of beginning.

Parcel #: portion of 06-14-02-24-015

Address: adjacent to 683 N. Watertown Road

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. Wenzel, seconded by Ald. Wagner moved to approve Proposed Ordinance #23-98.

Mayor Brawders asked Jim Sullivan if there were any conditions set down by the County for the purchase of the land. Mr. Sullivan stated that the County has the right of first refusal, if Mr. Sullivan should sell his property.

On call of the roll, the motion carried unanimously.

consent agenda

Ald. Beyer introduced Resolution No. 98.

CITY OF JEFFERSON
RESOLUTION nO. 98

BE IT RESOLVED by the Common Council of the City of Jefferson that the consent agenda for November 17, 1998 is hereby adopted.

The consent agenda for tonight includes:

Ald. Beyer, seconded by Ald. Tennyson moved to approve Resolution No. 98.

On call of the roll, the motion carried unanimously.

AN ORDINANCE PROHIBITING NUDE DANCING

Ald. Wagner introduced Ordinance #24-98 for its first reading.

CITY OF JEFFERSON

PROPOSED ORDINANCE #24-98

An ordinance to repeal and recreate Sec. 12.01(9)(e) prohibiting live, totally nude, non-obscene, erotic dancing in establishments licensed to sell alcohol beverages and creating an exception from such prohibition for theaters, civic centers, performed arts centers, and dinner theaters where live dance, ballet, music and dramatic performances of serious artistic merit are offered on a regular basis.

WHEREAS, the Common Council of the City of Jefferson, Wisconsin, has explicit authority under sec. 125. 1 0(l), Stats., to adopt regulations governing the sale of alcohol beverages which are in addition to those set forth in ch. 125, Stats., and

WHEREAS, the Common Council has authority under its general police powers set forth in sec. 62.11(5), Stats., to act for the good order of the municipality and for the health, safety and welfare of the public; and may carry out its powers by regulation and suppression; and

WHEREAS, the Common Council recognizes it lacks authority to regulate obscenity in light of sec. 66.051(3), Stats., and does not intend by adopting this ordinance to regulate obscenity, since nudity in and of itself is not obscene, it declares its intent to enact an ordinance addressing the secondary effects of live, totally nude, non-obscene, erotic dancing in bars and taverns; and

WHEREAS, bars and taverns featuring live, totally nude, non-obscene, erotic dancing have in other communities tended to further the increase of criminal and other offensive activity, to disrupt the peace and order of the communities, to depreciate the value of real property, to harm the economic welfare of the communities and to negatively affect the quality of life of the communities, and such secondary effects are detrimental to the public health, safety and general welfare of citizens; and

WHEREAS, the Common Council recognizes the U.S. Supreme Court has held that nude dancing is expressive conduct within the outer perimeters of the First Amendment to the United States Constitution and therefore entitled to some limited protection under the First Amendment, and the governing body further recognizes that freedom of speech is among our most precious and highly protected rights, and wishes to act consistently with full protection of those rights; and

WHEREAS, however, the governing body is aware, based on the experiences of other communities, that bars and taverns in which live, totally nude, non-obscene, erotic dancing occurs may and do generate secondary effects which the governing body believes are detrimental to the public health, safety and welfare of the citizens of the City of Jefferson, Wisconsin; and

WHEREAS, among these secondary effects are: (a) the potential increase in prostitution and other sex-related offenses, as well as other crimes and offenses, (b) the potential depreciation of property values in neighborhoods where bars and taverns featuring nude dancing exist, (c) health risks associated with the spread of sexually transmitted diseases, and (d) the potential for infiltration by organized crime for the purpose of unlawful conduct; and

WHEREAS, the governing body desires to minimize, prevent and control these adverse effects and thereby protect the health, safety and general welfare of the citizens of the City of Jefferson, Wisconsin; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods; and deter the spread of urban blight; and

WHEREAS, the governing body has determined that enactment of an ordinance prohibiting live, totally nude, non-obscene, erotic dancing in bars and taverns licensed to serve alcohol beverages promotes the goal of minimizing, preventing and controlling the negative secondary effects associated with such activity,

NOW, THEREFORE, An ordinance to repeal and recreate Sec. 12.,01(9)(e). The Common Council of the City of Jefferson, Wisconsin, does ordain as follows:

Section 1. Sec. 12.01(9)(e) is hereby repealed and recreated as follows:

Section 12.01(9)(e). Nude dancing prohibited.

1. Nude dancing in licensed establishments prohibited. It is unlawful for any person to perform or engage in, or for any licensee or manager or agent of the licensee to permit any person, employee, entertainer or patron to perform or engage in any live act, demonstration, dance or exhibition on the premises of a licensed establishment which:

Shows his or her genitals, pubic area, vulva, anus, anal clef or cleavage with less than fully opaque covering; or

Shows any portion of the female breast below a point immediately above the top of the areola; or

Shows the covered male genitals in a discernibly turgid state.

2. Exemptions. The provisions of this ordinance do not apply to the following licensed establishments: theaters, performing arts centers, civic centers, and dinner theaters where live dance, ballet, music and dramatic performances of serious artistic merit are offered on a regular basis and in which the predominant business or attraction is not the offering to customers of entertainment which is intended to provide sexual stimulation or sexual gratification to such customers and where the establishment is not distinguished by an emphasis on, or the advertising or promotion of employees engaging in nude erotic dancing,

3. Definitions. For purposes of this ordinance, the term "licensed establishment" means any establishment licensed by the Common Council of the City of Jefferson, Wisconsin, to sell alcohol beverages pursuant to ch. 125, Stats. The term "licensee" means the holder of a retail "Class A", "Class B", "Class B", "Class A", or "Class C" license granted by the Common Council of the City of Jefferson, Wisconsin pursuant to Ch. 125, Stats.

4. Penalties. Any person, partnership, or corporation who violates any of the provisions of this ordinance shall be subject to a forfeiture as stated in 25.04 of the Municipal Code. A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues. In addition, violation of this ordinance constitutes sufficient grounds for suspending, revoking or non-renewing an alcohol beverage license under sec. 125.12, Stats.

5. Severability. If any section of this ordinance is found to be unconstitutional or otherwise invalid, the validity of the remaining sections shall not be affected.

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

This is a first reading.

CERTIFIED SURVEY MAPS FOR WEST PUERNER STREET PROPERTIES

Ald. Coffman introduced Resolution No. 99.

CITY OF JEFFERSON

RESOLUTION NO. 99

BE IT RESOLVED by the Common Council of the City of Jefferson to authorize the City Administrator to sign an agreement with Southwest Surveying & Engineering to prepare certified survey maps for the six City owned parcels on West Puerner Street.

Ald. Coffman, seconded by Ald. Wenzel moved to approve Resolution No. 99.

Finance Committee did recommend unanimously.

On call of the roll, the motion carried unanimously.

Authorizing agreement with Tessman Concrete for extension of sidewalk along north parkway

Ald. Stevens introduced Resolution No. 100.

City of Jefferson
RESOLUTION NO. 100

BE IT RESOLVED by the Common Council of the City of Jefferson that the City Administrator be authorized to sign a contract with Tessman Concrete for the extension of sidewalk along North Parkway in an amount of $3,255.

Ald. Stevens, seconded by Ald. Johann moved to approve Resolution No. 100.

Finance Committee recommended this unanimously. On call of the roll, the motion carried unanimously.

REQUEST BY FIRE CHIEF TO PURCHASE NON-BUDGETED EQUIPMENT FOR FIRE DEPARTMENT

Ald. Johann introduced Resolution No. 101.

CITY OF JEFFERSON

RESOLUTION NO. 101

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin to authorize the Fire Chief to purchase a 35 mm digital camera, $850; digital video camera, $2,600; Firesoft software, $1,800; and a laser jet printer, $900.

Ald. Johann, seconded by Ald. Stevens moved to approve Resolution No. 101.

The City Administrator explained that there was $9,200 in the Fire Department budget for 1998. The Fire Department applied and received a grant for $6,900 to go along with their budget this year. The Fire Department is asking for these extra purchases with the grant money. These purchases were not in the budget, therefore, Council action is needed to purchase.

Roll was then called on Resolution No. 101. The motion carried unanimously.

STATE/MUNICIPAL AGREEMENT FOR A HIGHWAY IMPROVEMENT PROJECT

Ald. Tennyson introduced Resolution No. 102.

CITY OF JEFFERSON

RESOLUTION NO. 102

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin that the City Administrator is authorized to sign the State/Municipal Agreement for a Highway Improvement Project for the improvement of Highway 26.

Ald. Tennyson, seconded by Ald. Beyer moved to approve Resolution No. 102.

The City Administrator explained the revisions of this amended agreement.

The motion carried unanimously.

AUTHORIZING BUDGET ADJUSTMENTS

Ald. Coffman introduced Resolution No. 103.

CITY OF JEFFERSON

RESOLUTION NO. 103

BE IT RESOLVED by the Common Council of the City of Jefferson that the following 1998 budget adjustments are hereby authorized.

CURRENT

BUDGET

REVISED

BUDGET ITEM

ACCOUNT #

BUDGET

ADJUSTMNT

AMOUNT

Gen'l Admin.-Wages (FT)

01-51410-10-113

$134,411.00

$5,000.00

$139,411.00

Forestry Services

01-55610-20-232

$8,800.00

$2,000.00

$10,800.00

Contingencies

01-51910-75-789

$40,000.00

$7,000.00

$33,000.00

Ald. Coffman, seconded by Ald. Tennyson moved to approve Resolution No. 103.

The City Administrator explained the expected overages that there are funds available. This is a housekeeping resolution required by law for the auditors.

The motion carried unanimously.

Authorizing agreement with ehlers & associates for professional services for setting up tif #3 for the PUERNER BLOCK BUILDING/BIG A PROPERTY

Ald. Carnes introduced Resolution No. 104.

CITY OF JEFFERSON

RESOLUTION NO. 104

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin to authorize the City Administrator to sign an agreement with Ehlers & Associates for professional services for setting up Tax Incremental District No. 3.

Ald. Carnes, seconded by Ald. Beyer moved to approve Resolution No. 104.

The City Administrator introduced Mr. Dave Wagner of Ehlers & Associates, the city's financial advisor, and Mr. Russ Endres, the developer that is interested in the Puerner building.

Mr. Dave Wagner explained the pay-as-you-go TIF, which is designed for redevelopment with its no up-front money out of the city's pocket.

Mr Russ Endres, has the option on the Puerner building, stated that he is proposing 16 apartment units on the upper floors and the first floor would remain commercial. The TIF, along with tax credits would help make this project possible. A major part of the project would rely on the Big A property becoming a parking lot. Mr. Endres stated that he wants the City of Jefferson to purchase the land and develop it as a parking lot in conjunction with the Puerner building project.

Mr. Endres stated that the County will have about $34,000 worth of past taxes and assessments against the Big A property and would consider foreclose if the city lets them know they will purchase it.

Mr. Endres stated that there would be 4-5% of non-refundable costs plus $7,500 for clean up of the contamination on the property through the PECFA fund. However, the fund is running out of money and the limit may be raised to $15,000 for clean up.

Mike Shmoeller of the DNR stated that if a local government involuntarily acquires a delinquent property, they are only liable for clean up of any contamination, according to state statutes. However, the entity could have liability for offsite contamination caused by the property the city owns. Third party suits could compel remediation.

The City Administrator stated that the city would have to buy the property. It would fall involuntarily to the County, not to the city.

DNR stated that then we would not be exempt. But possibly the County could acquire and give to City and that would still be exempt.

Mr. Endres stated that his proposal would be to continue to clean the site, not just cover it up. It is reasonable that there will be some sort of PECFA funding available. His concern is the increase from $7,500 to $15,000. He stated that after the $25,000 to $30,000 for the purchase and remediation of the property, the cost per stall for the parking lot would be $1,800 conservatively for 33 stalls.

Mr. Endres concluded that the Big A site is vital to the restoration project. He stated that they need parking and need to make sure there is adequate parking for all. Current project costs are looking at $1 million just utilizing what is there. Haven't determined underground parking or some garage, covered parking in their plans yet. The developers want to make the first floor at grade so that it is handicap accessible.

There was much discussion about being able to get guarantees from the DNR on the contamination liability and from Mr. Endres that the project will be done, before the Council commits to spending money on the Big A building.

Mr. Endres says time is running out and they need an answer and a commitment from the City of Jefferson soon or the project will be abandoned.

Mr. Dave Wagner explained that Ehlers contract for TIF #3 is three phased. The first phase costs nothing. The second phase would be about $4,000 and there would have to be authorization by the Finance Committee and Council before any actual money is spent.

The Finance Committee recommends this resolution unanimously.

Roll was then called on Resolution No. 104. On call of the roll, the motion carried unanimously.

Ald. Wagner, seconded by Ald. Tennyson moved to adjourn to Closed Session pursuant to Section 19.85(1)(c) & (g) of the Wisconsin State Statutes related to considering employment and consulting with legal counsel with respect to litigation.

On call of the roll, the motion carried unanimously.

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

On call of the roll, the motion carried unanimously.

REPORTS

CITY ENGINEER

City Engineer Dan Ludwig reported that the Racine Street bridge is railing due next week. December 3 is looking like the completion date for the bridge. The grand opening ceremony will be December 8 at 10 a.m.

CITY CLERK/TREASURER

City Clerk/Treasurer Elford reminded the Council that it is time to think about the election next Spring. There are four alderperson positions up for election in 1999 District B-Ald. Wagner, District D-Ald. Beyer, and two alderperson-at-large positions-Ald. Carnes & Ald. Johann. Anyone who wishes to run can pick up candidacy papers from the City Clerk.

Nomination papers can be circulated from December 1 until January 5, 1999 at 5:00 p.m. Elford also noted that if you are not going to run for office again, she needs to know that and have you sign a form to that effect by December 28, 1998.

CITY ADMINISTRATOR

The City Administrator stated that this Thursday at 6 p.m. the Ambulance Negotiation Committee will be meeting, along with the townships to discuss a new ambulance agreement for 1999.

COMMITTEES

Ald. Beyer announced that the Senior Center Committee is now being chaired by Ald. Johann. Ald. Beyer will still be a member.

Ald. Tennyson, seconded by Ald. Stevens moved to adjourn the November 17, 1998, meeting of the City of Jefferson Common Council. The motion carried unanimously.

The minutes of the November 17, 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