Jefferson City Council - Minutes - 1999

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city of jefferson common council
tuesday, MARCH 2, 1999

The Tuesday, March 2, 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 was City Administrator Schornack, City Attorney Scheibel, Police Chief Besel, City Engineer Ludwig and City Clerk/Treasurer Elford.

communications

Mayor Brawders read the resignation letter from Faith A. Elford, City Clerk/Treasurer, explaining that she has taken the City Clerk/Treasurer position in the City of Fort Atkinson.

Mayor Brawders also read a letter from the Tour de Fort Bicycle Club, stating their disappointment that the Council voted down the walk bridge. They offered $5,000 toward bridge.

public participation

Roger Schleif of the Watertown Boat Club addressed the Council to state that it is difficult, to impossible to boat to downtown Jefferson and tie up to shore due to the rocks underneath the water. He stated that boaters would like to be able to dock to get to Puffins or Armstrongs, and he encouraged the Council to go forward with a boat dock in Rotary Riverfront Park.

David Lorbecki, 714 Windsor Terrace, also addressed the Council in favor of Resolution No. 155, to go for a grant for a boat dock in Waterfront Park. Mr. Lorbecki stated that he felt that if needed, more funding through donations could be found, to make sure dock is done.

mayoral appointment to the library board

Mayor Brawders announced the appointment of Mrs. Rhonnie (Chad) Garcia of 639 W. Racine Street for the Library Board, to finish the term of Mrs. Betty Tennyson, who retired.

Ald. Wagner, seconded by Ald. Tennyson moved to approve the appointment of Mrs. Rhonnie Garcia for the Library Board. The motion carried on a voice vote.

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

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 zoning map. The Engineer stated that currently the property is zoned single family residential and has a conditional use permit for two duplexes. The owners are looking to have the zoning changed to multi-family.

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.

Chuck Heath, 3006 Shady Oak Lane, Madison, from Horizon Development, stated that he is confused as to what zoning option is before the Council tonight?

City Attorney Scott Scheibel stated that the Plan Commission had said o.k. to the rezoning at their February 10 meeting with the stipulation that only a four unit be built. However, after the meeting, the City Attorney consulted with the League of Wisconsin Municipalities Attorney and came to the conclusion that the Plan Commission cannot restrict a multi-family zoned property to four units because that capability is not in the ordinance. Therefore, the rezoning was brought back up at the next Plan Commission meeting and they have now voted not to recommend.

Mr. Heath stated that Horizon Development is willing to limit the number of units.

Mayor Brawders stated that the Plan Commission is also worried about the fact that West Madison is not in.

Mr. Heath stated that their land contract with Mr. Spangler states that he will pay the special assessments for the street, so he doesn't understand why the street cannot just be developed by the city.

The City Engineer explained that West Madison has been a very low priority and there is no money in the budget this year.

The City Administrator also explained that the City Council made a decision a couple of years ago to no longer put in new streets. It has been left up to the developer to do that.

Mayor Brawders stated that the Plan Commission did not know that Spangler would pay for the street to go in.

Ald. Johann asked who Horizon Development would be targeting as residents for this property.

Mr. Heath stated that their main target would be empty nesters.

Mr. Redggy Pohlman, 116 N. Franklin, stated that the neighborhood was under the assumption that duplexes would be on that parcel but now the owner wants fourplexes and the neighborhood doesn't want to have multifamily.

Mr. Gary Gross, owner of 200 N. Jackson, stated that the area was zoned R-1, and it was agreed upon once before to leave the R-1 single family zoning. He would like to see it left as R-1.

Mr. Mark Eilenfeldt, 122 N. Franklin, stated that he would like to see the zoning stay R-1, and would not like to see the street put in back.

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

Ald. Johann introduced Ordinance #1-99 for its second 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.

Ald. Johann moved for discussion, seconded by Ald. Beyer, to approve Proposed Ordinance #1-99.

Ald. Wagner stated that he believes we have enough multi-family and the neighbors don't want it, therefore, he will not vote in favor of multi-family zoning.

Ald. Carnes stated that the City has a shortage of R-1, and he would like to see the parcel stay single family.

Ald. Beyer stated that first Plan Commission offered the fourplex option and that could not be enforced, however, Horizon can build two duplexes. Also Ald. Beyer did hear from the neighbors later and will vote against multifamily. But maybe the Streets, Health Sanitation Committee could talk with Mr. Spangler about getting West Madison put in.

Ald. Tennyson stated that the Witkin Brothers have no problem with the multifamily zoning.

Ald. Johann stated that she wants the zoning to stay as is.

Ald. Stevens stated that he wants R-1 single family but wants the street in. Ald. Stevens stated that he doesn't believe the area will get development without the street.

Roll was then called on Proposed Ordinance #1-99. On call of the roll, the motion was defeated 8 to 0.

consent agenda

Ald. Beyer introduced Resolution No. 151.

CITY OF JEFFERSON
RESOLUTION nO. 151

BE IT RESOLVED by the Common Council of the City of Jefferson that the consent agenda for March 2, 1999 is hereby adopted.

The consent agenda for tonight includes:

• Vouchers Payable for December, 1998, and February and March, 1999, in the amounts of $3,583.99, $598,110.30, and $69,717.23 respectively.
• Payroll Summary of February 12, 1999 in the amount of $69,453.68.
• Council Minutes for the regular and closed session meeting of February 16, 1999.

• Licenses as recommended by the Regulatory Committee.
  One Special Class "B" license to Gemuetlichkeit Days Inc. for May 1^st & 2^nd, 1999, and September 17 through 19, 1999, at the Jefferson County Fairgrounds Activity Center.

Ald. Beyer, seconded by Ald. Tennyson moved to approve Resolution No. 151. The motion carried unanimously.

approving the final plat for the first addition to fairway place

Ald. Coffman introduced Resolution No. 152.

CITY OF JEFFERSON
RESOLUTION nO. 152

BE IT RESOLVED by the Common Council of the City of Jefferson that the final plat for the First Addition to Fairway Place is hereby approved and the City Clerk/Treasurer is hereby authorized to sign the final plat.

Ald. Coffman, seconded by Ald. Carnes moved to approve Resolution No. 152.

It was stated that the Plan Commission unanimously recommends the replatting.

Mayor Brawders called for a voice vote on Resolution No. 152. The motion carried with the only no vote by Ald. Tennyson.

approving MAGGILU PLAT SUBDIVISION DEVELOPER'S AGREEMENT

Ald. Tennyson introduced Resolution No. 153.

BE IT RESOLVED by the Common Council of the City of Jefferson that the City Administrator is hereby authorized to sign the developers agreement with David J. Rorge upon receiving the performance bond signed by Mr. Rorge, as drafted by the City Attorney, and an irrevocable letter of credit in a form acceptable to the City Attorney.

Ald. Tennyson, seconded by Ald. Beyer moved to approve Resolution No. 153.

The developer's agreement was unanimously recommended by Plan Commission. On a voice vote, the motion carried.

APPROVAL OF FINAL PLAT FOR MAGGILU PLAT SUBDIVISION

Ald. Stevens introduced Resolution No. 154.

BE IT RESOLVED by the Common Council of the City of Jefferson that the City Clerk is authorized to sign the final plat contingent upon the receiving the total park fee and the developer's agreement having been fully executed by both the City and David J. Rorge.

Ald. Stevens, seconded by Ald. Johann moved to approve Resolution No. 154. The motion carried on a voice vote.

approval of re-submittal for dnr grant for boat dock

Ald. Carnes introduced Resolution No. 155.

CITY OF JEFFERSON
RESOLUTION nO. 155

BE IT RESOLVED by the Common Council of the City of Jefferson that the Parks, Recreation & Forestry Director Cyndi Keller is hereby authorized to submit a grant application to the Wisconsin Department of Natural Resources for a boat dock on the Rock River in the Rotary Waterfront Park.

Ald. Carnes, seconded by Ald. Tennyson moved to approve Resolution No. 155.

Ald. Wagner asked for the reason that the Milwaukee Street dock was eliminated.

Parks, Recreation & Forestry Director Cyndi Keller stated that the DNR would not accept the first plan for two docks adjacent to the Waterfront Park because the Milwaukee Street dock could not be handicap accessible. Therefore, a new plan was developed to move the Dodge Street dock further away from the dam and make just one dock that is handicap accessible.

Ald. Johann stated that she would support this dock because of the support of the many people and organizations that have donated to this project.

Ald. Stevens asked about the status of the cable that is to be placed across the river before the dam.

It was stated that the first of two cables is already in place. The cable with the dam warning signs on it is in place, and the cable that a person in a boat could grab to keep from floating over the dam will be installed this spring.

Mayor Brawders called for a voice vote on Resolution No. 155. The motion carried.

CITY ENGINEER

City Engineer Ludwig reported that the Hwy. 26/Main Street Pre-construction meeting has been set for March 10 at 10 am in the Jefferson & Wisconsin rooms at city hall.

The City Engineer also stated that the Department of Transportation has hired a consultant to begin looking at a bypass.

CITY CLERK/TREASURER

City Clerk/Treasurer Elford thanked the Council for the opportunities she has had working for the City of Jefferson.

The City Clerk also reminded the Council that the Annual City Appreciation Dinner is this Saturday, March 6 at 6 p.m. at the Fairview Inn.

CITY ADMINISTRATOR

City Administrator Schornack reported:

• He and CIA Director Olsen have been looking into a new location for the Farmers market for 1999, due to the Main Street reconstruction. It is looking like the Farmers market will be able to be at the Jefferson County fairgrounds for this summer.
• Need to call a Personnel Committee meeting to start the process of replacing the City Clerk/Treasurer. Looking at Thursday at 4:30 p.m.
• Hyer Drive extension land purchase – The offer of purchase has been given to the County. The County has turned it over to their Building & Insurance Committee. They are going to have a joint closed session meeting with the Fair Committee Thursday night.
• Liability insurance for seniors to park cars - Wausau Insurance, the city's insurance carrier said no to the "Friends of Seniors" being able to park cars. However, just today it was talked about the possibility of the Senior Center Committee being eligible under the city's insurance.
• Old "Big A" property – an appraisal needs to be done. The City Administrator has contacted Keith Munson of National Appraisal to re-appraise the property with the known contamination.

COMMITTEES

Ald. Stevens reported that Chief Besel has met with the architect and will get back with us in about 2 weeks with an update.

Ald. Johann reported that the Senior Center Committee met on February 22 and finalized bylaws for Friends committee and discussed car parking and set up a budget group to meet this week. They will be setting up a fund raising committee.

Ald. Tennyson seconded by Ald. Wagner moved to adjourn the March 2, 1999, meeting of the City of Jefferson Common Council. The motion carried unanimously.

These minutes of the March 2, 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