city of jefferson
common council MINUTES
tuesday, DECEMBER 1, 1998

The Tuesday, December 1, 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 was City Administrator Schornack, City Attorney Scheibel, Police Chief Besel, City Engineer Ludwig and City Clerk/Treasurer Elford.

communications

Ald. Johann reported that she had a call from a disabled person regarding the disabled ramps on the corner of Main and Racine.

City Engineer said they will be modified next spring to adjust the side slopes, even though they are to DOT standard.

public participation

Mrs. Nancy Habermann, 536 E. North Street addressed Council regarding a petition with 239 signatures urging the City Council to designate the Slawson property, (Site #4) for a center and to not remove moneys from the Senior Center Fund. The Senior Center Committee feels it is an excellent location because it is close to senior housing in the city. It will be helpful to have a site to begin fund raising for a center. Ms. Habermann asked the Council to vote yes to resolution 108.

Ms. Hilde Will, 324 N. Elizabeth Ave, Apt. 1 addressed the Council to approve Site #4 for the Senior Center. Ms. Will and others are working on the "Friends of the Senior Center Committee". The bylaws and articles for the committee are with the City Attorney. The group will be looking at grants in the near future, however, they need the site set and the established Senior Center funds to qualify for the grants. Ms. Will stated that the seniors do have a lot of support and the funds will come together with the Council's support.

David Schroeder, 765 Lucas Lane stated that he supports Resolution No. 108. He inquired of the Council what the status was of the rest of the city owned lots on Puerner Street.

The City Administrator explained that the lots will be going up for sale, however, appraisal work needs to be done. The Jefferson County Board of Realtors has already been notified to assist in the sale.

Mr. David Schroeder also stated that the Council needs to look at a Police Department and the dam, as well as the Senior Center. He also believes that the Council should not put in the walking bridge between Miss Kitty's and Chickens.

Ms. Hilde Will readdressed the Council to state that when she helped circulate the petition for the Senior Center, the residents in the area of the Puerner Street bridge were very happy to have the center in that area. There seemed to be no opposition to that site.

Michael Baxter of Miss Kittys at 135 S. Main, stated that he supports the pedestrian bridge. He believes it will help the downtown businesses and will be a safer route for people. It would compliment Rotary Park and a great asset for families and seniors.

public hearing and adoption of the 1999 general, special funds and wastewater utility budgets

Mayor Brawders called the public hearing to order.

City Administrator Schornack read the Notice of Public Hearing.

City Administrator Schornack gave an explanation of the proposed 1999 budget and showed several overhead transparencies explaining the revenues, expenses, and transfers in and out, along with end-of-the-year balances for 1999. The tax levy for 1999 is $1,706,000, as compared to $1,560,000 in 1998. The Administrator also explained the special funds and the moneys that the city has been saving for several years for the new fire ladder truck and other items. The other major project for 1999 is the city's portion of the reconstruction of Hwy. 26/Main Street.

The Administrator explained that the Sewer Utility is going to be having some major improvements in the next few years and a sewer increase may be coming. There has not been an increase in several years.

The Administrator then showed how the taxes come out for different property values in the city. He showed that the major increase to property taxes this year is the 23% increase by the school district. The City's increase is 6.6%.

The City Administrator also gave a recap of the other projects included in the 1999 budget roadwork, sidewalks, park development and aquatic center repair, library carpeting, roof repairs at the City Hall and Fire Department, and purchase of the Westphal property for a future park.

Ald. Tennyson suggested that there are a number more projects that should be done and the note issue for next year should be $750,000 instead of $500,000 to get them done.

Ald. Coffman stated that he agrees, however, next year is not the year because Main Street will be under reconstruction and the County will be working on Highway N also. We will need all other streets to get traffic through the city.

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. Carnes introduced Resolution No. 105.

CITY Of jEFFERSON

RESOLUTION NO. 105

BE IT RESOLVED by the Common Council of the City of Jefferson that the 1999 General Fund budget attached hereto and the 1999 budgets for Special Funds and the Wastewater Treatment Utility are hereby adopted. And,

BE IT FURTHER RESOLVED that any budgetary figures stipulated in the Municipal Code shall be amended to reflect changes authorized in the Municipal budget.

Ald. Carnes, seconded by Ald. Wagner moved to approve Resolution No. 105.

Ald. Tennyson commented that the Finance Committee did a great job and put in more hours than ever before. Ald. Wagner stated he felt the same.

Ald. Johann thanked Deputy Clerk/Treasurer Parlow and the rest of the staff for all of their efforts and the good job done on the budget packet.

Roll was then called on Resolution No. 105. The motion carried unanimously.

approving the 1998 tax levy

Ald. Coffman introduced Resolution No. 106.

CITY OF JEFFERSON

RESOLUTION NO. 106

BE IT RESOLVED by the Common Council of the City of Jefferson that the 1998 General Fund Property Tax Levy for Municipal Services in 1999 in the amount of $1,706,000 is hereby approved; and

BE IT FURTHER RESOLVED that the following tax rates are hereby adopted:

State of Wisconsin .210768533

Jefferson County 4.144281589

Jefferson School District 12.558056028

VTAE - Technical College 1.559789364

CITY OF JEFFERSON 6.336731696

SUBTOTAL: 24.809627210

Less State School Credit -1.603195354

NET TAX RATE: 23.206431856

Ald. Coffman, seconded by Ald. Wenzel moved to approve Resolution No. 106.

Ald. Tennyson wanted to point out that the school district is the largest part of this year's tax bill.

Roll was then called on Resolution No. 106. The motion carried unanimously.

consent agenda

Ald. Beyer introduced Resolution No. 107.

CITY OF JEFFERSON
RESOLUTION nO. 107

BE IT RESOLVED by the Common Council of the City of Jefferson that the consent agenda for December 1, 1998 is hereby adopted.

The consent agenda for tonight includes:

Ald. Beyer, seconded by Ald. Tennyson moved to approve Resolution No. 107. The motion carried unanimously.

AN ORDINANCE PROHIBITING NUDE DANCING

Ald. Wagner introduced Ordinance #24-98 for its second 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.

Ald. Wagner, seconded by Ald. Stevens moved to approve Proposed Ordinance #24-98.

The Regulatory Committee was unanimous in their recommendation of this ordinance.

On call of the roll, the motion carried unanimously.

proposed ordinance to eliminate three parking stalls on north main street across from candise street

Ald. Tennyson introduced Ordinance #25-98 for its first reading.

city of jefferson

proposed ordinance #25-98

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 86 ft. south

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

This is a first reading.

 

proposed ordinance to amend the zoning code related to approved uses in the bc central business district to include restaurants

Ald. Beyer introduced Proposed Ordinance #26-98 for its first reading.

city of jefferson

ordinance #26-98

An Ordinance to Amend Section 17.04(b)1. of the Zoning Code of the City of Jefferson Related to Approved Uses in the BC, Central Business District.

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

Section 1. Section 17.04(b)1. Related to Approved Uses in the BC, Central Business District, is hereby amended by adding the following:

Section 2: Section 17.04(b)1. Approved Uses. Art and school supply stores; automotive parts stores; automobile sales lots and showrooms and lots, including incidental servicing and repair provided however, that all vehicles be in operative condition; antique shops; apartment hotels; appliance stores; barber shops and beauty parlors; banks and other financial institutions; including loan and finance companies; business offices, candy and ice cream stores; caterers; clothing repair shops; clinics; clubs; cocktail lounges and taverns, with permit by Plan Commission; commercial school; confectioneries; delicatessens; dental clinics; department stores; drug stores; electrical supply; florist shops; food lockers; furniture stores; gasoline stations; heating supply; hotels; ice delivery stations; insurance agencies; jewelry stores; liquor stores; lumber yards, medical clinics; opticians and optical stores; paint stores, retail only; parking facilities (see Section 17.07); photographic studios; professional offices; small animal offices; tourist information and hospitality centers; undertaking establishments; upholsterer's shops; variety stores; vegetable stores; also self service Laundromats (11-72) and restaurants.

Section 3. This ordinance shall take effect upon passage and publication as required by law.

This is a first reading and will be referred to the Plan Commission.

approving the SITE FOR a NEW SENIOR CENTER BUILDING

Ald. Johann introduced Resolution No. 108.

CITY OF JEFFERSON

RESOLUTION NO. 108

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin that the parcel of City owned land north of West Puerner Street and west of Windsor Terrace be designated as the future site of the new senior center building.

Ald. Johann, seconded by Ald. Tennyson moved to approve Resolution No. 108.

Ald. Wagner, seconded by Ald. Beyer moved to amend the resolution to state that it would be the future site of a senior center/community center building.

Ald. Johann stated that the Senior Center Committee is just looking for the site to be held for future investigation. No money will be spent yet at this time.

Ald. Beyer stated that she seconded because perhaps more grants and funding would be available if it were a community center.

Ald. Johann stated that the seniors want the building designated as theirs but are planning on community activities when the seniors are not using the center.

Ald. Stevens stated that as long as this doesn't cost us anything at this time, we should allow the designation.

Hilde Will commented that if the building is not designated as strictly a senior center, some grants will not be available.

The Council agreed to remove the friendly amendment.

After further discussion, roll was called on the designation of the property for a senior center. The motion carried unanimously.

APPROVING THE 1999-2000 JEFFERSON POLICE OFFICERS CONTRACT

Ald. Wenzel introduced Resolution No. 109.

CITY OF JEFFERSON

RESOLUTION NO. 109

BE IT RESOLVED by the Common Council of the City of Jefferson that the collective bargaining agreement by and between the city of Jefferson and the Jefferson Police Officers' Association for 1999-2000 is hereby approved.

Ald. Wenzel, seconded by Ald. Carnes moved to approve Resolution No. 109.

The Personnel Committee was unanimous in their recommendation of this resolution. On call of the roll, the motion carried unanimously.

authorizing negotiations with an AMBULANCE SERVICE PROVIDER

Ald. Tennyson introduced Resolution No. 110.

CITY OF JEFFERSON

RESOLUTION NO. 110

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin that the City negotiate with Curtis Ambulance Service for ambulance service for the City of Jefferson.

Ald. Tennyson, seconded by Ald. Johann moved to approve Resolution No. 110.

Ald. Tennyson stated that the Ambulance Negotiation Committee was unanimous in their recommendation. The committee feels that Curtis Ambulance Service will fit the City well.

Roll was then called and the motion carried unanimously.

RAZING OF QUONSET BUILDING ADJACENT TO CITY HALL

Ald. Coffman introduced Resolution No. 111.

CITY OF JEFFERSON

RESOLUTION NO. 111

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin to authorize the City Administrator to sign an agreement with Jaeckel Brothers to raze the Quonset building adjacent to City Hall along with removing the concrete floor for $8,800.

Ald. Coffman, seconded by Ald. Johann moved to approve Resolution No. 111.

The Finance Committee was unanimous in recommending Jaeckel Bros. remove the building. It is a hazard and needs to come down.

The City Administrator explained that Jaeckel wants to wait until the ground freezes and then they will remove the building and cement slab.

On call of the roll, the motion carried unanimously.

CONTRACT FOR MUNICIPAL BUILDING CLEANING SERVICES

Ald. Stevens introduced Resolution No. 112.

CITY OF JEFFERSON

RESOLUTION NO. 112

BE IT RESOLVED by the Common Council of the City of Jefferson that the City Administrator is hereby authorized to enter into a two year contract for municipal building cleaning services with Happy Vac Cleaning Service in the amount of $1,539.00 per month in 1999, and the amount of $1,570.00 per month in 2000.

Ald. Stevens, seconded by Ald. Beyer moved to approve Resolution No. 112.

The Finance Committee was unanimous in its approval of this contract.

The motion carried unanimously.

AUTHORIZING PURCHASE OF 1999 SQUAD VEHICLE

Ald. Carnes introduced Resolution No. 113.

CITY OF JEFFERSON
RESOLUTION nO. 113

BE IT RESOLVED by the Common Council of the City of Jefferson that the City Administrator is hereby authorized to purchase a 1999 Ford Crown Victoria from Havill-Spoerl for an amount not to exceed $19,578.

Ald. Carnes, seconded by Ald. Wenzel moved to approve Resolution No. 113.

Ald. Beyer and Ald. Wagner commented that they are glad that the low bid was local.

After discussion, roll was called on Resolution No. 113. The motion carried unanimously.

Ald. Wagner, seconded by Ald. Tennyson, moved to adjourn to Closed Session pursuant to Section 19.85(1)(g) of the Wisconsin State Statutes to consult with legal counsel with respect to litigation.

On call of the roll, the motion carried unanimously.

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

On call of the roll, the motion carried unanimously.

REPORTS

CHIEF OF POLICE

Chief Besel reported that the Police Department took possession of a pick-up truck a few months ago due to an OWI program. By law the vehicle can be resold and the profits are split between the Police Department and the School District. The vehicle is in bad shape and not saleable. The cost of repair would exceed the value. The Chief has talked to the shop class teacher at Jefferson High School, and they have agreed to fix it up the vehicle for sale.

CITY ENGINEER

The City Engineer Dan Ludwig reported that the Racine Street Bridge railing is being installed. The D.O.T. anticipates possibly a Friday opening.

The Engineer also reported that an engineering company has been found that does fish ladders and they are coming to look at the Jefferson Dam. The Corp of Engineers is also coming to town soon to discuss their proposal for a fish ladder.

city clerk/treasurer

The City Council float for the Christmas parade on Saturday is #2 in line. Council members are to meet at the float on Walworth Street by 5:45 p.m.

Nomination papers are now available from the City Clerk for anyone interested in running for alderperson next April in District B, District D, or for one of two alderperson-at-large seats.

CITY ADMINISTRATOR

City Administrator Schornack reported on the latest Tri-County Home Consortium meeting. They are working on a home repair program loans and grants for home purchase.

The Administrator also reported that the non-union compensation plan was presented to the Personnel Committee tonight by Marian Walluks and there will be a meeting with the non-union employees within the next week.

Ald. Tennyson, seconded by Ald. Stevens, moved to adjourn the December 1, 1998, meeting of the City of Jefferson Common Council. The motion carried unanimously.

These minutes of the December 1, 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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