Jefferson City Council - Minutes - 1999

This goJefferson.com Web presentation of these public documents is Copyright 1999 Syndesis Corporation.

The Tuesday, May 4, 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. Oppermann, Ald. Wenzel, Ald. Stevens, Ald. Johann, Ald. Tennyson and Ald. Beyer. Also present were City Administrator Schornack, City Attorney Scheibel, City Engineer Ludwig, Police Chief Besel and City Clerk/Treasurer Parlow.

COMMUNICATIONS

Mayor Brawders welcomed Boy Scout Troup #147 from St. Mark's Church, he commented that they were working towards their "Communications Badge".

Ald. Beyer announced that on May 16^th at 10:00 a.m., John Holmes Gravesite was going to be dedicated. She encouraged everyone to attend.

Mayor Brawders announced that a Strawberry Social will be held at Woven Hearts on May 23^rd. The proceeds from the social will go towards pool passes for disadvantaged youth.

Mayor Brawders then read a status report from Curtis Ambulance, which was compiled by Mark Fischer.

PUBLIC PARTICIPATION

Tim Bare, 217 Meadow Court, then spoke regarding the Proposed Brush Pickup Ordinance. Mr. Bare was concerned about the limited compost site hours and felt that the $150 an hour fee for brush pick-up was double taxation. Ald. Stevens noted that Ordinance #4-99 would not effect most property owners and that the Ordinance was directed primarily towards a few developers who were cleaning off lots and placing large amounts of brush at the curb. In general, people who were abusing the system. Ald. Stevens also noted that the City's proposed ordinance was similar, if not more lenient, than other similar communities.

Patty Pohlman, 312 Ruth Drive, was also opposed to the Proposed Brush Ordinance. She also felt that it was double taxation and that it sent a conflicting message to property owners. She further stated that if the City wants pleasant looking yards, they are going to have to continue their current method of brush pick-up.

Sharon Calloway, 1330 Hillside Drive, stated her concerns with the County N Project, specifically curb and gutter. She was distraught to find 255 ft of unplanned curb and gutter was in place by the Calloway subdivision on South Whitewater Avenue. She stated that this was not discussed at the Informational Meeting held by the City Engineer.

City Engineer Ludwig noted that he was instructed by the Finance Committee and the Common Council to place curb and gutter along the entire north side of Whitewater Avenue. He further stated that he made attempts to contact all the affected property owners, however, he was unable to reach the Calloways.

Tom Reiss, of Watertown, WI, then addressed the Council. He requested that the Council give him permission to perform a feasibility study on the Jefferson Dam. Mr. Reiss is the owner of several hydroelectric power dams throughout the state and he would like to explore the possibility of using Jefferson's Dam for this purpose. But in order to do so, Mr. Reiss needs the consent of the Council to perform the study and to apply for a preliminary application which would give him exclusive rights (for study purposes) to the dam for a three year period. Ald. Johann requested that Mr. Reiss outline his proposal in a formal written request to the Council.

WATER & ELECTRIC SUPERINTENDENT REPORT

Superintendent Folbrecht then addressed the Common Council:

• Water Main – Folbrecht stated that the water main from Woolcock to Racine Street was completed and that installation was progressing well on the South portion as well. Folbrecht commended Mann Brothers for the professional job they are doing.
• Joint Use Facility – Folbrecht stated that the Joint Use Facility Plan had been well received by the Water & Electric Commission members. He noted that a Commission Meeting is scheduled for Monday to take action on the proposed plan.
• Summer Power Shortages – Folbrecht stated that the Utility is less likely to have power outages during a sustained period of hot weather than in past summers. Superintendent Folbrecht noted that problems facing neighboring power plants will have less of an effect on us in 1999.

PUBLIC HEARING ON THE PROPOSED ORDINANCE TO AMEND SECTION 8.01(6)(B) OF THE MUNICIPAL CODE TO ADD THE STREET EXTENSION OF WINDSOR TERRACE

Ald. Wagner, seconded by Ald. Tennyson moved to adjourn to a public hearing.

Mayor Brawders called the public hearing to order.

City Administrator Schornack read the Notice of Public Hearing.

City Engineer Ludwig stated that a portion of the lands the City acquired for the Puerner Street Bridge project should be set aside for a future public street access lands between West Puerner Street and Clark Street. The right of way width shown on the certified survey map is 60 feet wide and follows alignment that was discussed with and acceptable to the adjacent landowner. He also stated that the Ordinance had unanimous approval of the Plan Commission.

Lyman Tracy, 415 North Pleasant Avenue, asked what the elevation of the street would be. City Engineer Ludwig stated that the street had not yet been designed, however, he anticipated a 7% grade.

Tim Bare, 217 Meadow Court, questioned if the public access easement would be used as a boat launch. Engineer Ludwig stated that the easement was primarily unbuildable and that a boat launch was not a possibility.

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

Ald. Wenzel introduced Ordinance #2-99 for its second reading.

CITY OF JEFFERSON
PROPOSED ORDINANCE #2-99

.
An Ordinance to Amend Section 8.01(6)(b) of the Municipal Code of the City of Jefferson to Add to the Official Map.

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

Section 1. Section 8.01(6)(b) of the Municipal Code pertaining to the Official Map of the City of Jefferson is hereby amended to include the following street extension of Windsor Terrace:

A part of Government Lot 5 located in the NW ¼ of the SW ¼ corner of Section 2, T6N, R14E, City of Jefferson, Jefferson County, WI., commencing at a railroad spike marking the NW corner of the SW ¼ of said Section 2; thence S01^o23'47"E, 295.03 feet, along the West line of the said NW ¼; thence N88^o36'14"E, 625.34 feet to a point of beginning; thence south easterly 162.58 feet along the arc of a curve having a radius of 2030.00 feet and a chord length of 162.53 feet and having a chord bearing of S25^o55'03"E; thence S89^o45'12"E, 68.55 feet; thence north westerly 190.44 feet along the arc of a curve having a radius of 1970.00 feet and a chord length of 190.37 feet and having a chord bearing of N26^o23'33"W; thence S66^o22'37W", 60.00 feet to the point of beginning.

Section 2. The above amendment shall be entered and attested to in a certified copy of the Official Map; and a copy hereof shall be recorded at the office of the Register of Deeds.

Section 3. This ordinance shall take effect and be in full force after passage and publication as provided by law and notification and attestation of the street extensions incorporated herein the Official Map, City of Jefferson.

Ald. Wenzel, seconded by Ald. Johann moved to recommend Ordinance #2-99. On call of the roll motion carried unanimously.

PROPOSED ORDINANCE RELATED TO BRUSH PICK UP

Ald. Oppermann introduced Ordinance #4-99 for its second reading.

An Ordinance to Create Section 11.07 of the Municipal Code Related to Brush Pick Up.

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

Section 1. Section 11.07 BRUSH PICK UP (1) SCHEDULE: The City will begin brush pick up the first Monday of each month and go through the City one time. Residents are asked to have their brush at the curb by 7:00 a.m. on that Monday or their brush may not get picked up until the following month.

(2) COLLECTION FEES: Brush located at the curbside will be collected and

chipped. The first twenty (20) minutes of chipping (with a two man crew) will be free of charge. Any chipping after the first twenty (20) minutes will be charged to the property owner at a rate of $25.00 per ten minute increment. Any property owner who does not want the City to collect their brush must contact the City Public Works Department at 674-7737 prior to the first Monday of each month.

1. COLLECTION PROCEDURE: Brush must be placed at the curb by 7:00 a.m. on the first Monday of the month. The brush must be placed at the curb with all of the larger, heavy ends of the branches facing in one direction with the flow of traffic. Maximum diameter of brush to be picked up is 4 inches. The City reserves the right to not collect brush for a just cause.
2. MAJOR STORM DAMAGE BRUSH COLLECTION: Major storm damage brush collection will be done at no charge. The City will determine and announce emergency storm related brush collections.
3. TAX LIEN FOR UNPAID FEES: The City shall bill the property owner for brush pick up under paragraph 2. Any amount not paid after thirty (30) days shall be levied and collected as a special tax upon such lot or parcel. The invoice shall advise the owner that a special tax shall be levied against the property if not paid within thirty (30) days.

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

Ald. Oppermann, seconded by Ald. Johann moved to recommend Ordinance #4-99 for discussion.

Ald. Johann, seconded by Ald. Beyer, for discussion purposes, moved to amend Ordinance #4-99 in the following manner:

• Delete reference to collection fees
• Delete Section 5 relating to a tax lien for unpaid fees

Ald. Beyer stated that she was concerned about the vagueness of the Ordinance, specifically how we would keep track of time spent at a residence.

Ald. Johann felt that it was double taxation.

Ald. Stevens noted that he understands the need to get rid of abusers of the system, but he was not in favor of the ordinance as written.

Ald. Oppermann stated that the City was informally using this type of policy already.

Ald. Johann, as well as Ald. Beyer made a motion to withdraw Johann's amendment.

Ald. Wenzel stated that some days the Public Works Crew is only able to accomplish brush pick-up and that other projects "fall by the wayside".

On call of the roll, the motion was defeated by a vote of 6 to 2.

CONSENT AGENDA

Ald. Beyer introduced Resolution No. 5.

CITY OF JEFFERSON
RESOLUTION nO. 5

BE IT RESOLVED by the Common Council of the City of Jefferson that the consent agenda for May 5, 1999 is hereby adopted.

The consent agenda for tonight includes:

• Authorize execution of 1999 Federal Section 5311 Operating Assistance Contract.
• Vouchers Payable for April 1999 and May 1999, in the amounts of $26,682.82 and $32,910.76 respectively.
• Payroll Summary of April 23, 1999 in the amount of $74,860.29.
• Council Minutes for the regular and closed session meeting of April 20, 1999.

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

C. Combination Class "B" License-Wize Guyz

Ald. Beyer, seconded by Ald. Tennyson moved to recommend Resolution No. 5 for discussion.

Ald. Tennyson questioned why we had not received any cable television revenues for the month. Staff explained that Marcus Cable makes payments on quarterly basis.

On call of the roll, motion carried unanimously.

REQUEST FOR FUNDING FROM THE JEFFERSON FRIENDS OF SENIORS

Ald. Johann introduced Resolution No. 6.

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin that the City contribute $3,000 to the Jefferson Friends of Seniors, and

BE IT FURTHER RESOLVED that the $3,000 will come from Senior Center Fund.

Ald. Johann stated that the Finance Committee had unanimously approved the request. The Committee had also taken into account the fact that this "donation" would come back to the City in the form of a Senior Center, a City facility. It was further noted that the Committee considered the Friends of the Senior Center similar to the Friends of the Library; both organizations directly benefit a City Facility. She also noted that this was a one-time request to be made by the Friends Organization.

Ald. Johann, seconded by Ald. Tennyson moved to recommend Resolution No. 6. On call of the roll, motion carried unanimously.

DNR RECYCLING PROGRAM ASSISTANCE

Ald. Coffman introduced Resolution No. 7.

WHEREAS, The City of Jefferson Common Council hereby requests financial

assistance under SS. 159.23, Wis. Stats., Chapter NR 542 and Chapter NR544 Wis. Admin. Code, for the purpose of planning constructing or operating a recycling program with one or more components specified in SS. 159.11(2)(a) to (h), Wis. Stats.,

THEREFORE, BE IT RESOLVED, that the City of Jefferson Common Council hereby authorizes the City Administrator of the City of Jefferson, to act on its behalf to submit and application to the Department of Natural Resources for financial assistance under SS. 287.23, Wis. Stats., Chapter NR 542 and Chapter NR544, Wis. Admin. Code.

Ald. Coffman, seconded by Ald. Stevens moved to recommend Resolution No. 7. Motion carried on a voice vote.

FEASIBILITY STUDY FOR JOINT USE FACILITY FOR POLICE DEPARTMENT/WATER & ELECTRIC DEPARTMENT

Ald. Stevens introduced Resolution No. 8.

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin that the feasibility study (Option No. 2) for joint use facility for police department/water & electric department is hereby approved.

Water & Electric Superintendent Folbrecht then gave a short presentation regarding the proposed Water & Electric/Police Department Building.

The Mayor stated that the Police Site Committee had favored Option #2.

Ald. Stevens noted that the cost per square foot was approximately $66-67 a square foot, a substantial savings over a stand-alone facility.

Ald. Stevens, seconded by Ald. Tennyson moved to recommend Resolution No. 8. On call of the roll, motion carried unanimously.

RESOLUTION AUTHORIZING EHLERS & ASSOCIATES TO SOLICIT PROPOSALS

Ald. Johann introduced Resolution No. 9.

RESOLUTION NO. 9

OF THE CITY OF JEFFERSON, WISCONSIN

WHEREAS, Wisconsin Statutes, Section 67.12(12) authorizes the City of Jefferson to issue General Obligation Promissory Notes; and

WHEREAS, the City needs to provide funds construct public improvements in the north industrial park (Tax Increment District No. 2) in an amount not to exceed $90,000; and

WHEREAS, the City needs to finance public improvements, including, but not limited to, street improvement, city hall roof repair, fire station roof and siding repair, purchase of park property, removal of Quonset building and acquisition and improvements of property for a parking lot in an amount not to exceed $600,000; and

WHEREAS, Ehlers and Associates, Inc. is the financial advisor for the City of Jefferson,

NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Jefferson, Jefferson County, Wisconsin, that Ehlers and Associates, Inc. is authorized to solicit competitive proposals for the purchase of not to exceed $690,000General Obligation Promissory Notes of the City of Jefferson for consideration by the Common Council on June 1, 1999.

BE IT FURTHER RESOLVED, that Ehlers & Associates is authorized to prepare and Official Statement in behalf of the issuer in accordance with Rule 15c2-12 of the General Rules and Regulations, Securities Exchange Act of 1934.

David Wagner from Ehlers and Associates then provided the Common Council with a handout referencing the City's debt service payments with the addition of a $690,000 Note Issuance. Mr. Wagner stated that his estimates were based on conservative interest rates. He drew the Council's attention to the proposed $90,000 in funding for TIF #2 infrastructure. It was noted that this figure could be possibly overstated, but at this time this was staff's best estimate. He noted that staff would have the ability to reallocate some of the funds to other TIF #2 projects or City projects if the entire $90,000 was not needed. Wagner noted that the proposed issuance would increase the levy approximately .04 to .05¢ per $1,000 of assessed value.

Ald. Wagner commended Dave Wagner of Ehlers & Associates on the handout and his presentation. He stated that the information was presented in an easy to read (and understand) manner.

Ald. Tennyson asked what a $60,000 increase to the note would mean in City dollars. Dave Wagner noted that it would be approximately $8,000 per year in additional debt service expenditures. Tennyson stated that he was concerned about the condition of North Dewey Avenue, Sanborn Avenue and South Center Avenue. City Engineer Ludwig stated that $60,000 would accomplish only 3½ blocks worth of reconstruction.

City Administrator Schornack noted that at budget time the Common Council could rearrange their Capital Improvement Plan. He stated that the Council could reprioritize the streets projects and bump Sanborn and Center Avenues up to the year 2000. He cautioned the Council against issuing small debt yearly. He further stated that the costs associated with issuing the debt (Ehler's and Moody's) are not relative to the size of the debt.

Dave Wagner commented that if we tripled our debt, we most likely would not even double our issuance costs. He also stated that it would be in the City's best interest to put a cap on the yearly small debt issuance.

Ald. Johann, seconded by Ald. Stevens moved to recommend Resolution No. 9. On call of the roll, motion carried on a vote of 7 to 1.

TWENTY YEAR DESIGN NUMBERS FOR THE WASTEWATER TREATMENT FACILITY

Ald. Wagner introduced Resolution No. 10.

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin that the Common Council has reviewed and concurs with the future projections of the twenty year design numbers for the wastewater treatment facility, as per Attachment No. 1.

BE IT FURTHER RESOLVED that these design numbers be submitted to the Wisconsin Department of Natural Resources for their review and approval.

Gene Laschinger of Town and Country Engineering then outlined the twenty year design numbers for the Wastewater Treatment Plant Facility.

After discussion, it was decided that several other factors need to be considered before the design numbers are approved.

Ald. Oppermann felt that the City needs to consider additional Industrial acreage, by-pass concerns and the "Countryside Farm".

After review, the Common Council moved to table Resolution No. 10. A Committee of the Whole meeting is scheduled of Tuesday, May 11 at 5:30 p.m. to discuss the twenty-year design numbers.

Ald. Stevens, seconded by Ald. Coffman moved to table Resolution No. 10. On call of the roll motion carried unanimously.

Ald. Wagner, seconded by Ald. Tennyson moved to adjourn to closed session pursuant to Sections 19.85(1)(g) and 19.85(1)(e) of the Wisconsin State Statutes related to Consulting with Legal Counsel with Respect to Litigation and Sale of Public Property.

On call of the roll the motion carried unanimously.

Ald. Tennyson, seconded by Ald. Stevens moved to reconvene to open session. The motion carried on a voice vote.

HIRE OF WASTEWATER TREATMENT PLANT SUPERVISOR

Removed from the agenda.

LAND PURCHASE FROM ESTELLA GANSER

Acted upon in Closed Session pursuant to Section 19.85(1)(e).

PURCHASE OF PROPERTY FROM JEFFERSON COUNTY FOR HEYER DRIVE EXTENSION

Ald. Tennyson introduced Resolution No. 13.

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin that the counter offer submitted by Jefferson County for the purchase of .5 acre, along with a .15 remnant, for the extension of Hyer Drive is accepted, and

BE IT FURTHER RESOLVED that the City Administrator is authorized to purchase the .5 acre, along with a .15 remnant, for the extension of Hyer Drive and to execute documents needed to make this purchase.

Ald. Wenzel then asked if the County was looking for a quit claim deed. City Attorney Scheibel stated that the counteroffer did not make mention of a deed.

Ald. Tennyson, seconded by Ald. Stevens moved to recommend Resolution No. 13. On call of the roll, motion carried unanimously.

ARMSTRONG HAMBURGER STAND

Ald. Wagner introduced Resolution No. 14.

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin that the City Administrator is authorized to sign a Quit Claim deed conveying to Richard Armstrong the property that the former hamburger stand was located on for an amount equal to what the survey cost is to the City.

Ald. Wagner, seconded by Ald. Wenzel moved to amend the resolution to include that the parcel could only be sold with the related business and that the primary use of the stand must remain for food service. Motion carried on a voice vote.

DIVIDING THE NE QUADRANT OF WEST PUERNER STREET/WINDSOR TERRACE INTO ONE LOT INSTEAD OF TWO

After discussion, this resolution tabled. Staff was instructed to have the lot reappraised and report back to the Council.

REPORTS

CHIEF OF POLICE

Chief Besel reported:

• The bike rodeo will be held on May 15^th. There will be free food and drawings for bike helmets. The Police Department will also be conducting a bike sale.
• Besel also addressed the issue of trucks using North Center. He stated that not all semis were using this as a detour, some of them make deliveries to the businesses on the North end of the City. Therefore, it would be difficult to enforce a "No Semi Traffic" policy on North Center.

CITY ENGINEER

City Engineer Ludwig reported:

• The North section of Highway 26 within the City limits is scheduled to be open by May 28^th. Paving on the North section and at the Dane and Plymouth intersections should occur on or around May 12^th and 13^th. The second phase of the project is scheduled to begin June 1^st.
• South Whitewater Avenue is progressing, some of the curb and gutter is now in place. Proposed completion date is June 15^th.

CITY CLERK/TREASURER

City Clerk Treasurer Parlow reported:

• The Council was reminded to reply no later than Friday if they were interested in attending the New Official Workshop sponsored by the WI League of Municipalities.
• Nine applications have been received for the Deputy position, many more are still to be returned. Deadline is Friday, May 7.
• The City was awarded a 2% dividend check for prompt reporting of worker compensation claims. The incentive program, for the last six months of 1998, was sponsored by the WI League of Municipalities.
• It was noted that a memo was included in the Council packet regarding some commonly asked questions about the liquor license issued to Dave's Piggly Wiggly. Parlow stated that if anyone has questions that were not addressed in the memo to let her know.

• Scheibel stated that a letter had been sent to the golf course and the high school regarding Ms. Kathy Miller's golf ball problem. The golf course has made an attempt to contact City Attorney Scheibel, but they have been unable to connect. Scheibel noted that the golf course was given 30 days from the date on the correspondence to correct the problem before the City will start issuing citations.

CITY ADMINISTRATOR

City Administrator Schornack reported:

• Administrator Schornack invited the Council to attend the Home Consortium Annual Meeting to be held in Hartford. Anyone interested should contact Dave.

COMMITTEES

Ald. Stevens stated that he would be setting up an informational meeting of the Police Site Committee sometime in Mid-May. He will coordinate the date with Superintendent Folbrecht.

Ald. Johann stated that the Senior Committee would be meeting on May 24^th to go over the feasibility study and center design. The next steps would be Plan Commission, Park & Recreation Commission and then Common Council.

Ald. Wenzel stated that the Board of Review for TIF #3 had met. Members present were Al Foskett-County Representative, Scott Pierce-School District Representative, Kevin Wenzel-City Representative. It is anticipated that Jim Polk will be the Community Representative, however, this is not confirmed.

Ald. Tennyson, seconded by Ald. Johann, moved to adjourn the May 4, 1999, meeting of the City of Jefferson Common Council. The motion carried on a voice vote.

These minutes of the May 4, 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