Jefferson City Council - Minutes - 1999

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MINUTES
city of jefferson common council
tuesday, february 16, 1999

The Tuesday, February 16, 1999, 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.

communications

Ald. Beyer presented the Mayor with 348 signatures of people requesting that the Council reconsider accepting the $403,000 grant and build the Milwaukee Street Walk Bridge.

Mayor Brawders read a letter from the Watertown Outboarders who are pledging another $3,000 toward the purchase of a dock adjacent to the Rotary Waterfront Park. The money will be given to the city when a C.D. matures on July 31.

The Mayor also read a letter from the East and West Elementary Schools announcing the "Read Across America Day" which will be held on March 2, from 8:15 am to 2:30 p.m. All adults are encouraged to take a little time and come and read to the children.

public participation

Mr. Roger Ware of 934 Garity stated his support for the Milwaukee Street Walk Bridge.

Mr. Rick Lien, owner of the Depot, at 211 Gardner, stated that he cannot understand why the Common Council turned down the $403,000 in grant money. The bridge would be a wonderful addition to the downtown and a nice way to enjoy the river.

Mr. Jim Van Lieshout of 229 Meadow Court stated that he would like to mirror the comments of Mr. Lien. The walk bridge is just a piece of what is needed to revitalize our downtown. This city turned down the bypass 15 yrs. ago and we are paying for it today. They are offering the money now, we need to get it now and build the bridge for our future.

Mr. Peter Monfre of 103 Wisconsin Drive stated that he wants the walkway. He believes the bridge would be a big asset and a real incentive to fix up the backsides of our downtown buildings.

Mr. Al Foskett, 522 W. Linden, stated that he was in favor of a Milwaukee Street Walk Bridge. He used to walk the old Milwaukee Street bridge. The Racine Street bridge is hazardous to walk-it's the coldest walk in town. The Milwaukee Street Walk Bridge would be good for bikers, kids going to school, and walkers for generations to come. Eventually we will get a Highway 26 bypass and the safety issue of crossing Main Street will be gone.

Ms. Marilyn Higgins, 203 W. Milwaukee stated that she was in favor of the walkway bridge because it would enhance the community and be safer for the kids than what she currently sees them doing – walking across on the river.

Mr. Dave Schroeder, 765 Lucas Lane, stated that he is against the Milwaukee Street Walk Bridge because of the $130,000 that the city would have to spend on it. Mr. Schroeder also asked the status of the selling of the Puerner Street lots.

City Administrator Schornack explained that the city did have the lots appraised but are now in the process of getting CSM's done. The maps should be done by the end of February.

Mr. Schroeder asked why there are no lot stakes.

The City Administrator explained that the lot layout will be done by the developer that purchases the parcel.

Mr. Jeff Higgins, 201 W. Milwaukee stated that he was in favor of the bridge. Our gas taxes make up this grant, and it is a 286% return on our investment. It would also improve the quality of life in our downtown area.

Mr. Scott Pierce, the Superintendent of Schools, stated that at this point there are 1,740 students and the new middle school that is being built will have a capacity of 2,000 students, in anticipation for the future. Many of our students are crossing on the Crawfish river in the winter. The City will need to think about another bridge over the Crawfish in the future, and if the city turns down this grant for the Milwaukee Street bridge, we will lose out on money tomorrow for a bridge over the Crawfish.

Mr. Kenneth Pugh, 551 E. Elm, stated that he is not in favor of the Milwaukee Street bridge, we have five bridges over the Rock River already. However, he does agree with a bridge over the Crawfish River. Mr. Pugh doesn't believe that a Milwaukee Street bridge will be used to connect to the Glacial Drumlin trail and he believes the Racine Street bridge is the only bridge needed in the area.

Mr. Kevin Torme, 736 Lucas Lane, stated that there is no such thing as free money and if there was no grant money we wouldn't be considering doing this bridge.

Mr. Lowell Starkey, owner of 107 S. Main, stated that he is in favor of the Milwaukee Street walk bridge. He stated that the backs of the downtown buildings are seen already and just because they may not look very good at this time, it is no reason not to do the project. A lower bridge will give everyone a better appreciation of the area and our river.

Mr. Dave Knutson, owner of 117 S. Main, stated that he made an investment in Jefferson by having his business in Jefferson, now the Council should make an investment in the downtown.

Mr. Jerry Keiser, 303 W. Clark, stated that if the bridge will be a benefit to Jefferson's future, he supports it. We need to use our tax dollars to our advantage.

Mr. Bill Brandel, 835 Lucas Lane, stated that a walk bridge has been talked about for 12 years. It has been part of the Parks & Recreation Plan for years and there is very little sense in turning down a $403,000 grant. Take advantage of the money and build the bridge.

Mr. Bill Schmoldt, 514 Hyer, spoke in favor of the Milwaukee St. Bridge. He stated that he works in Waukesha and has a lot of people comment that they come to Jefferson to fish and they spend money in Jefferson. The bridge would only be an even better attraction.

Mr. Tim Bare, 217 Meadow Court, stated that for a lot of projects, the people say, "not in my backyard," however, this time the businesses want the project. 80% of the structure is being paid for by the state and it is our money and we should get it back. The Racine Street bridge is too cold in the winter to walk on, let's go forward with the Milwaukee Street bridge.

Mr. Dave Schroeder of 765 Lucas Lane stated that he believes the Council should take care of the North Street bridge and the dam, instead.

Mayor Brawders explained that there is money budgeted to work on North Street bridge.

City Engineer Ludwig explained that the dam is on hold until the Army Corp. of Engineers is finished designing the fish ladder, which could take 2 to 3 years and the DNR is going to wait to refurbish the dam until they are ready with the ladder.

Mr. Dan Calloway, 1330 Hillside, asked if the bridge would be a four-season bridge. The reply was yes.

Ms. Hilde Will, 324 N. Elizabeth, stated her opposition to the Milwaukee Street Bridge. She stated that we have other routes to take to get to and from the bike trails.

Ms. Barb Sokolik, 714 N. Watertown, stated that she has concerns over the policing of the Walk Bridge. She fears it would be too out of site and kids would try to get away with things there.

Ms. Sharon Calloway, 1330 Hillside, questioned the safety issue of the bridge. There was a lot of opposition to sidewalk along Collins Road, however, people like and use the sidewalks now.

Ms. Wendy Higgins, 201 W. Milwaukee, stated that the kids are sliding down the steep embankments to the river now. Who's watching out for their safety now?

Mr. Paul Gagnon, 733 Lucas Lane, stated that he believed a Crawfish River Bridge would be more beneficial.

Mr. Michael Baxter, owner of 135 S. Main, stated that the city's share of $100,000 @ 4.5% based on a 10 year amortization would only mean about $1.58 per family per year. He stated that he feels the bridge is needed downtown.

Mr. Elvis Brassfield, 237 N. Dewey, stated that the bridge doesn't effect him one way or the other except for the spending of tax money. We pay for bus service for our kids to school.

Mr. Mike Soleska, 200 W. Milwaukee stated that he is in favor a the Milwaukee Street Walk Bridge.

mayoral appointment to the PARKS & RECREATION COMMISSION

Mayor Brawders announced his request for confirmation of the appointment of Richard Kassner of 685 Oak Drive to the Parks & Recreation Commission.

Ald. Wagner seconded by Ald. Tennyson moved to approve the appointment of Richard Kassner to the Parks & Recreation Commission. The motion carried on a voice vote.

consent agenda

Ald. Beyer introduced Resolution No. 145.

CITY OF JEFFERSON
RESOLUTION nO. 145

BE IT RESOLVED by the Common Council of the City of Jefferson that the consent agenda for February 16, 1999 is hereby adopted.

The consent agenda for tonight includes:

• Approval of the Distribution of 1/3 of the CIA Funding for 1999 - $14,550.

• Vouchers Payable for December, 1998, and February, 1999, in the amounts of $2,534.38 and $98,927.61 respectively.
• Payroll Summary of January 29, 1999 in the amount of $72,377.91.
• Council Minutes for the regular and closed session meeting of February 2, 1999.

• Licenses as recommended by the Regulatory Committee.
  A. Operator's licenses.
  B. Special Class B licenses.

Ald. Beyer, seconded by Ald. Tennyson moved to approve Resolution No. 145.

The motion carried unanimously.

proposed ordinance to rezone a parcel on the corner of west madison and north jackson from single family (R1) to multi-family (rm)

Ald. Beyer introduced Ordinance #1-99 for its first reading.

PROPOSED ORDINANCE #1-99

An ordinance to amend Section 17.04 (2)(b) of the Municipal Code of the City of Jefferson related to rezoning.

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

Section 1. Section 17.04(2)(b) of the zoning map, City of Jefferson, Wisconsin, which is herein made a part, is amended to change district boundaries by deleting the following area from the Single Family Residential (R-1) District and adding said property to the Multi-Family (RM) District:

Description: Commencing at the SE corner of Section 3, T6N, R14E; thence North along the east line of said SE ¼, 179.04 feet; thence N86^o36'35"W, 66.12 feet to the west line of North Jackson Avenue and the point of beginning; thence continue N86^o36'35"W, 66.12 feet to the west line of North Jackson Avenue and the point of beginning; thence continue N86^o36'35"W, 68.85 feet; thence N0o04'37"E, 14.87 feet; thence N86^o30'40"W, 133.99 feet; thence North, 104.27 feet to the south line of West Madison Avenue; thence S84^o34'28"E, along said south line; 202.61 feet to the west line of North Jackson Avenue; thence south, 119.26 feet to the point of beginning, containing 22,127 square feet.

Parcel #: 06-14-03-44-002

Address: southwest corner of W. Madison St. and N. Jackson Ave.

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.

This is a first reading.

ACCEPTING FEDERAL/STATE/CITY PROJECT AGREEMENT FOR THE MILWAUKEE STREET PEDISTRIAN/BIKE TRANSPORTATION FACILITY (MILWAUKEE STREET WALK BRIDGE)

Ald. Carnes introduced Resolution No. 146.

BE IT RESOLVED by the Common Council of the City of Jefferson that the Federal/State/Project Sponsor Statewide Transportation Enhancement Program (TEA 21) Project Agreement for the Milwaukee Street Pedestrian/Bike Transportation Facility (Milwaukee Street Walk Bridge) is hereby accepted, and

BE IT FURTHER RESOLVED that the City Administrator is hereby authorized to sign said agreement.

Ald. Carnes, seconded by Ald. Wenzel moved to approve Resolution No. 146.

Ald. Beyer stated that she was in support of the bridge. There is not that much train activity to consider that a safety issue but children walking on the ice is a problem. We do have other projects that this $100,000 could be spread thinly to or we can take advantage of the $403,000 grant and build this bridge.

Ald. Wagner stated that the last two weeks have been the most miserable of his life, because of the calls he has received about the bridge. Ald. Wagner stated that he cares about his people and worries about the safety. He disagrees with putting kids on a Milwaukee Street Bridge. He believes you are taking your life in your hands to get across S. Main Street to get to the bridge. He will not support.

Ald. Coffman stated that he felt he was chastised for not giving his reasons for his vote at the last meeting, so he will give his reasons tonight. We don't have the $100,000, the will have to bond for it. We couldn't fund several projects for several departments. Our wastewater treatment plant needs fixing. We have a chance to buy the old ‘Big A' property and rejuvenate the Puerner Building. As Steve Lewis stated at the last meeting, on his side of the bridge there will be trucks going in and out and it will not be safe. The Racine Street bridge is beautiful. Ald. Coffman doesn't feel that we can ask for money for a bridge 275 feet from another bridge and we have a walk bridge three blocks from this one- the North Street Bridge. Ald. Coffman stated that people say we are short sited if don't do this bridge, but he thinks we are short sited to put a bridge so close to other existing bridges. We need the $100,000 for other things.

Ald. Tennyson stated that he is against the bridge. We don't have money to repair and build sidewalks, build a police department, or buy fire department equipment. We don't have money for ambulance service. People talk about the bridge revitalizing the downtown. We lost two stores downtown this week and the bridge will not bring them back.

Ald. Wenzel stated that Jim Van Lieshout said it best – our greatest frailty is our shortsightedness. This bridge would be great for bikers and walkers. If you look at the Comprehensive Park Plan a walk bridge is a #1 priority. A Crawfish bridge is #5 on the priority list.

Ald. Beyer read a letter from the DNR, in favor of bridge. The letter stated that the money given in 1993 for the park was partially contingent on the plan that showed a walk bridge in the park.

Ald. Johann stated that she was asked if was legal that this issue be brought back. However, in conversations with City Attorney Scheibel and Atty. Curt Witinzki of the League of Wisconsin Municipalities she was told that it is legal.

City Attorney Scheibel stated that if reconsideration is done at the same meeting, then it would have needed to be someone from the ‘no' side of the vote that could bring it back. However, after that meeting it is not reconsideration but new business and perfectly legal for anyone to bring it up again.

Ald. Johann stated that she spoke with Dave McKosh and Mike Rewey from the state for about one-half hour. They felt there would be a decrease in vandalism because of potential of more people in the area. Ald. Johann stated that she felt the Racine St. Bridge is user friendly to bikers, but not really because of traffic. Ald. Johann further stated that 80% of the people that called her were against the bridge.

Ald. Carnes stated that he only had one person call him against the bridge and all the rest were in favor. $1.75 per year for 10 years is not that much to spend for a bridge that will last for generations. We were foolish to vote down bypass, we will be called fools again in the future if we turn down this bridge. We have a responsibility to all the citizens of Jefferson. Ald. Carnes stated that he will vote in favor of the bridge.

Ald. Stevens stated that he has gotten over 100 calls in the last week with the tally about 60/40 against bridge. 98% of our students are bussed to school and would not use the bridge and he feels it is a safety nightmare at the intersection of Milwaukee Street and S. Main.

Ald. Johann stated that she feels the money would be better spent on a main street program instead.

Ald. Beyer stated that she was on the old Council when they were yelled at for money spent on the new Racine Street Bridge. Now everyone talks about how great it looks. This bridge will be worth it in Jefferson's future, too.

Roll was then called on Resolution No.146 to accept the $403,000 grant for the building of a Milwaukee Street Walk Bridge. On call of the roll: Ald. Carnes, Ald. Wenzel, and Ald. Beyer voted aye; Ald. Coffman, Ald. Stevens, Ald. Johann, Ald. Tennyson, and Ald. Wagner voted no. The motion was defeated 5 to 3.

Police Chief Besel left the meeting at this time.

authorizing TRANSFER OF CONTROL OF CABLE TELEVISION FRANCHISEE

Ald. Tennyson introduced Resolution No. 147.

WHEREAS, Marcus Cable Partners, L.L.C. ("Marcus Cable") is the holder of a franchise (the "Franchise") to provide cable television service in the City of Jefferson (the "Municipality") pursuant to the provisions of a franchise agreement between the Municipality and Marcus Cable (together with any amendments, the "Franchise Agreement") and/or subject to any ordinance of the Municipality pertaining to cable television service ("Cable Ordinance"). The Franchise Agreement and the Cable Ordinance are collectively referred to as the "Franchise Documents"; and

WHEREAS, Marcus Cable Properties, L.L.C. ("Marcus Properties"), which is a parent of Marcus Cable, and Vulcan Cable, Inc. ("Vulcan") jointly submitted to the Municipality their application on Federal Communications Commission ("FCC") Form 394, dated August 28, 1998 (the "Application"), requesting that the Municipality approve the ownership changes involving the transfer of control of Marcus Cable to Vulcan as more fully described therein (the "Franchise Transfer"); and

WHEREAS, pursuant to the information requests of the Municipality, Vulcan and Marcus Properties supplemented the Application with additional documents and information; and

WHEREAS, various representations have been made in the Application and supplemental information thereto, including that the Franchise Transfer will not result in an increase in cable television service rates or reduce the quality of cable television customer service or the quality of cable television service in the Municipality; and

WHEREAS, the Municipality and Vulcan have negotiated an agreement regarding certain conditions of this consent (the "Transfer Agreement"), a copy of which is attached as Exhibit A and is incorporated by reference.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF JEFFERSON, in reliance upon the representations and information submitted in the Application and supplemental information thereto and subject to the conditions set forth in the Transfer Agreement, hereby consents to the Franchise Transfer as described in the Application and supplemental information thereto; and

BE IT FURTHER RESOLVED that following the Franchise Transfer, Vulcan may, at any time within eighteen (I 8) months after the Franchise Transfer: (i) undergo additional transfers of control, and/or (ii) assign or grant or otherwise convey all or part of its assets, including the Franchise; provided that the transferee of control, assignee, grantee or transferee of the assets or Franchise, is a person or entity in which Paul G. Allen holds majority ownership, which is primarily in the cable communications business and which is affiliated with and operated by, or is managed by Charter Communications pursuant to terms and conditions substantially similar to the management agreement attached hereto as Exhibit B; and further provided that Vulcan shall remain liable for any breach of the Franchise Documents or this Transfer Agreement, that any such transfer, assignment, grant or other conveyance shall not result in an increase in cable television service rates or reduce the quality of cable television customer service or the quality of cable television service in the Municipality, and that Vulcan shall promptly inform the Municipality in writing of any such change; and

BE IT FURTHER RESOLVED that following the Franchise Transfer, the franchise holder may, at any time and from time to time, assign, grant or pledge or otherwise convey one or more liens or security interests in its assets, including its rights, obligations and benefits in and to the Franchise (collectively, "Liens"), to any lender ("Secured Party") providing financing to the franchise holder and that such Secured Party shall have the rights of a secured creditor with respect thereto; provided, however, any such Liens shall be subject to and subordinate to the rights of the Municipality under the Franchise Documents, the Transfer Agreement and applicable laws; and

BE IT FURTHER RESOLVED that the Municipality's consent is subject to Vulcan executing and delivering to the Municipality by no later than March 31, 1999, a Transfer Agreement in the form of the attached Exhibit A. If Vulcan fails to do so, the Municipality's consent to the Franchise Transfer shall be null and void and the Application shall be timely denied as of February 28, 1999; and

BE IT FURTHER RESOLVED that, by this consent, the Municipality does not agree to any renewal or extension of the Franchise. Any pending or future renewal or extension of the Franchise shall be subject to applicable federal, state and local laws, the Franchise Documents, and the Transfer Agreement; and

BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to execute and deliver the Transfer Agreement in substantially the form of the attached Exhibit A, together with such mutually agreed upon changes as the Mayor may approve as necessary or desirable, such approval to be conclusively evidenced by the execution of the Transfer Agreement.

Ald. Tennyson, seconded by Ald. Wagner moved to approve Resolution No. 147.

Ald. Tennyson stated that it doesn't look like any change in management, just a name change. Ald. Tennyson also stated his concern that Marcus has never come up with the number of subscribers that have left since the price hike.

City Administrator Schornack stated that by passing this resolution we will gain some rights, but basically nothing changes. The sale is going to go through anyway.

Ald. Wagner asked if the upgrade has been totally done?

City Administrator Schornack stated that the cabling was done last fall.

Roll was then called on Resolution No. 147. The motion carried unanimously.

authorizing ASBESTOS REMOVAL from QUONSET BUILDING

Ald. Johann introduced Resolution No. 148.

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin that the City Administrator is authorized to sign an agreement with Environmental Specialists, Inc. for $2,000 to perform the asbestos abatement for the Quonset building.

Ald. Johann, seconded by Ald. Stevens moved to approve Resolution No. 148.

The City Administrator reported on the fact that Dick Jaeckel, who is taking down the Quonset, suspected asbestos on the outside bottom three feet of the building. The City had the material tested and it was asbestos. With today's laws on asbestos, the city will have to use a certified firm to remove the asbestos. At least it is not the worst kind of asbestos.

Ald. Carnes stated that this resolution was recommended unanimously in Finance Committee.

Roll was then called on Resolution No. 148. On call of the roll: Ald. Stevens, Ald. Johann, Ald. Tennyson, Ald. Beyer, Ald. Wagner, Ald. Coffman, and Ald. Carnes voted aye. Ald. Wenzel abstained. The motion carried 7 to 0 with 1 abstention.

AUTHORIZING TRANSFER FROM GENERAL FUND TO REVOLVING LOAN FUND

Ald. Coffman introduced Resolution No. 149.

BE IT RESOLVED by the Common Council of the City of Jefferson that the City Administrator is hereby authorized to transfer $20,588.32 from the General Fund/Fund Equity to the Revolving Loan Fund for the City's purchase of the Quonset building and vacant parcel west of the Quonset building as a result of the City's foreclosure of Braun's Employee Production Cooperative.

Ald. Coffman, seconded by Ald. Beyer moved to approve Resolution No. 149.

On call of the roll: Ald. Carnes, Ald. Johann, Ald. Tennyson, Ald. Beyer, Ald. Wagner, Ald. Coffman, and Ald. Stevens voted aye. Ald. Wenzel abstained. The motion carried 7 to 0 with 1 abstention.

Ald. Tennyson, seconded by Ald. Johann, moved to adjourn to Closed Session pursuant to Section 19.85(1)(c) of the Wisconsin State Statutes to discuss Employee compensation.

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.

AUTHORIZING ADJUSTMENT TO LIBRARY DIRECTOR COMPENSATION

Ald. Wagner introduced Resolution No. 150.

BE IT RESOLVED by the Common Council of the City of Jefferson that the Library Director's salary be upgraded $1,500 with $750 coming from the city library budget and $750 from the county library budget.

Ald. Wagner, seconded by Ald. Johann moved to recommend Resolution No. 150.

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

CITY CLERK/TREASURER

City Clerk/Treasurer Elford reported that the Primary Election turnout today was only about 8%. Atty. Koschnick won in the City of Jefferson, with Atty. Levi second.

CITY ADMINISTRATOR

City Administrator Schornack reported that he is having Mr. Keith Munson, the city's assessor, check into the value of old Big A property, since it is contaminated.

COMMITTEES

Ald. Johann reported that the Senior Committee met on February 10 and will meet again on February 22 at 5 pm. with the architect. Ald. Johann stated that Design Alliance will be coming to the Senior Committee every two weeks with updates.

Ald. Beyer, seconded by Ald. Tennyson moved to adjourn the February 16, 1999, meeting of the City of Jefferson Common Council. The motion carried unanimously.

These minutes of the February 16, 1999, meeting of the Common Council are uncorrected. Any corrections made thereto will be noted in the proceedings at which time the minutes are approved.

not in the legal section