Jefferson City Council - Minutes - 1999

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MINUTES
city of jefferson common council
jUNE 1, 1999

The Tuesday, June 1, 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.

mayoral proclamation

The Mayor then read a proclamation commemorating 1999 as the VFW's 100^th Anniversary Year.

COMMUNICATIONS

Ald. Wagner commented that the Memorial Day Program had been well attended and that we all owe a great deal of gratitude to those who have fought for our country.

Ald. Johann stated that she had received calls from Mr. Haas and Mr. Pitzner this past week. She invited both individuals to address the Council during Public Participation.

PUBLIC PARTICIPATION

Claude Stehling, 821 South Whitewater Avenue, addressed the Council regarding the proposed special assessments and the destruction caused by the work on County Highway N. Mr. Stehling provided the Council with pictures outlining the damage to his brick home. Mr. Stehling also felt that it was unreasonable to ask the property owners adjacent to South Whitewater Avenue to pay assessments for curb and gutter work that many of the owners did not feel necessary.

Maryann Gleisner, 211 North Midway Avenue, addressed the Council regarding the Milwaukee Street Walk Bridge. Ms. Gleisner felt that the bridge would provide a safe walkway for children and seniors versing the very busy Racine Street Bridge. She also stated that she was worried about the possibility of the City receiving subsidized funding for any projects in the future if this grant was not accepted. Ms. Gleisner concluded by stating that we all pay state taxes and that the acceptance of this grant would not only provide a wonderful resource for the community, but it would also bring our state tax dollars home.

John Foust, 235 South Main Street, addressed the Council regarding the openness and the accountability of the JDC, CIA and Chamber meetings. Mr. Foust believes that the Council, because it funds these organizations, needs to demand that all meetings are held in accordance with open meetings law. He also questioned how City tax dollars were being spent in these "secretive" organizations. Mr. Foust concluded by calling the Council to action to demystify and make these organizations accountable to the general public.

Dow Didion, 418 Newman Court, addressed the Council about the improvements along County Highway N and the proposed special assessments. Mr. Didion questioned the change in plans from the preliminary informational meeting, regarding curb and gutter, held by the engineer to the City's current course of action. He also felt that the curb and gutter was not being done efficiently. Mr. Didion's final concern was the 24" drainage pipe which runs adjacent to his property. He questioned the engineering of the plan and how a pipe so small could service such a large area.

David Pitzner, 120 West North Street, addressed the Council regarding the issuance of a Combination Class B License which was issued to Dave's Piggly Wiggly. Mr. Pitzner believed that the Council had issued the license in error and called for a reversal action. He stated that his sources indicate that the City should not have issued the license to Piggly Wiggly and cited case law from the 1940s defining what a "tavern" is.

David Schroeder, 765 Lucas Lane, addressed the Council regarding the Walk Bridge and the Puerner Street Lots. Mr. Schroeder felt that City tax dollars should not be spent on a pedestrian bridge, he felt people should use the Racine Street Bridge. Mr. Schroeder then addressed the Puerner Street lots. He felt that the proposed high end condos would compliment the area, but he was concerned that the remaining river lots were priced too high.

Gerald Haas, 1012 South Main Street, addressed the Council regarding the Walk Bridge. Mr. Haas felt that the walk bridge would enhance the downtown area and provided a needed resource for citizens of all ages. Mr. Haas further stated that he believed that the bridge would compliment Rotary Park and increase its usage.

Kay Reinders, N5830 Thrush Lane, addressed the Council regarding the Walk Bridge. Ms. Reinders stated that the Walk Bridge would be a great improvement to the community and that it would tie in nicely with Rotary Park. Ms. Reinders encouraged the Council to support such a positive project.

Don Kraus, 702 Windsor Terrace, addressed the Council on several issues. Mr. Kraus referred to the Milwaukee Street Pedestrian Bridge as a want, not a need. He feels that the project has too narrow of a scope and is concerned about the policing costs. Mr. Kraus then questioned the fate of the 80' easement included on the Puerner Street lots, which were recently sold. Kraus questioned how the Council could require the easement without Council approval. Mr. Kraus then stated that he was in support of the combination of lots on the northeast quadrant of West Puerner Street/Windsor Terrace.

Ida Mae Marshall, N5025 Hillebrand Drive, addressed the Council regarding the walk bridge. Ms. Marshall encouraged the Council to vote in favor of the walk bridge. She acknowledged the fact that the project is a want, but that the project would greatly enhance the downtown and Rotary Park.

Mr. Steve Grabow, UW Extension-Jefferson County, then gave the Council an overview of the Countryside Farm Master Plan. Mr. Grabow stated that this plan was born in 1995 out of a need for single family housing. The plan involved the use of 600+ acres of County land for development purposes. The 1995 land use study utilized 200 acres for developments and approximately 445 acres for green space. Grabow noted that the current plan called for approximately 400 single-family homes and the extension of Hillside, Collins and Tifwood Drives. A new collector street, with possible attachment to Highway 26 would also need to be added if this project would commence. Mr. Grabow stated that the final report on the Countryside Farm Master Plan is do in any day now.

PUBLIC HEARING ON THE PRELIMINARY RESOLUTION ON PROPOSED SPECIAL ASSESSMENTS OF STORM SEWER AND CURB AND GUTTER IMPROVEMENTS ON SOUTH WHITEWATER AVENUE FROM SOUTH STREET TO ROCK STREET.

Ald. Wagner, seconded by Ald. Beyer moved to adjourn to a public hearing. Motion carried on a voice vote.

Mayor Brawders called the public hearing to order.

City Administrator Schornack read the Notice of Public Hearing.

City Engineer Ludwig gave background on the curb and gutter project evolution. Ludwig stated that at the April 20^th meeting of the Finance Committee the project scope at been changed to include curb and gutter along both sides of South Whitewater Avenue. Ludwig noted that the City was in a time crunch to get the curb and gutter project completed because the City was using the County as our general contractor and we needed to comply with their time lines.

Mr. Dow Didion and Mr. Claude Stehling reiterated their concerns, as noted in public participation, regarding the South Whitewater Project.

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

Ald. Johann, introduced Preliminary Resolution No. 20.

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin:

1. That the Common Council declares its intention under Section 66.60 of the Wisconsin Statutes to levy special assessments upon the following described properties benefited by the proposed improvements, which improvements and assessments constitute an exercise of the City's police powers.

Storm Sewer and Curb and Gutter on South Whitewater Avenue from South Street to Rock Street

2. The Common Council determines that the improvements and assessments constitute an exercise of the City's police powers, properties to be assessed are benefited by the project and the amounts assessed against each parcel shall be based on front footage.
3. The Assessments against any parcel may be paid in full or in annual installments, the number of which shall be determined at the public hearing on the proposed assessments.
4. The City Engineer shall prepare a report which will consist of the following:

1. Plans and specifications for the improvements.
2. An estimate of the entire cost of the improvements.
3. Schedule of proposed assessments.

1. The City Administrator is hereby directed to give a Class One Notice of public hearing pertaining to the proposed projects as specified in section 66.60 of the Wisconsin Statutes, scheduled for June 15, 1999, at 7:30 p.m. in the City Council Chambers, 317 South Main Street, Jefferson, Wisconsin.

Ald. Johann, seconded by Ald. Beyer moved to recommend Preliminary Resolution No. 20 for discussion purposes.

Ald. Stevens stated that he felt we should not assess the project because the project was done so quickly.

Ald. Tennyson asked what the cost would be to the City. City Administrator Schornack stated that the total cost, for curb & gutter and storm sewer, would be approximately $58,000.

Ald. Johann asked if the total cost had been reflected in the note. City Administrator Schornack stated that the City's portion had been reflected, however, the City has built a contingency into the note which may be enough to cover the project, provided none of the other projects listed in the note go over budget.

Ald Wagner questioned how we could not special assess. He felt that this was setting a dangerous precedent for future assessing.

Ald. Coffman felt that the project should not be assessed because it was the Finance Committee's decision to proceed with the project.

Ald. Oppermann asked how much the City saved on the project. Ald. Stevens commented that the City did not qualify for a grant for the project this year, but that the County had qualified. And that by doing the project at the same time as the County we were utilizing economies of scale, making it difficult to assign to a dollar amount to a cost savings. Ald. Johann commented that Mr. Haas stated the savings could be as high as $50,000, but with recent problems concerning the project, this number is up in the air.

Ald. Oppermann was concerned that the cost of the project had escalated from $109,000 to $260,000. He further stated that he supported the concept of the project but communication between the City and the County must improve.

Ald. Beyer felt that not assessing would set a bad precedent against the ordinance, but it was necessary under the circumstances.

On call of the roll, Resolution No. 20 was defeated by a vote of 7 to 1. Ald. Tennyson voted nay.

CREATING SECTION 7.03(2)(f) OF THE mUNICIPAL cODE rELATED TO 2 hOUR pARKING

Ald. Tennyson introduced Ordinance #5-99 for its second reading.

CITY OF JEFFERSON
PROPOSED ORDINANCE #5-99

.
An Ordinance to Create Section 7.03(2)(f) of the Municipal Code of the City of Jefferson Related to Two Hour Parking.

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

Section 1. Two Hour Parking. No vehicle shall be parked for more than two consecutive hours between the hours of 8 a.m. and 5 p.m., Monday through Friday, except as otherwise stated:

1. On the following streets and portions thereof:

East Dodge Street, north side, from a point 103'from the east right-of-way line of South Main Street, east 31'

2. The prohibitions in sub-par (f) above shall not apply on Saturday, Sunday, New Years Day, Memorial Day, Thanksgiving Day, 4^th of July, Labor Day and Christmas Day.
3. The Penalty for violating this subsection shall be $2. If this forfeiture is not paid within 10 days from the issuance of the citation, the penalty shall be $5. If this forfeiture is not paid within 30 days of the issuance of the citation, the forfeiture shall be not less than $45 nor more than $200.

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

Ald. Wagner stated that the Regulatory Committee had voted unanimously in favor of the Ordinance.

It was noted that a person parked in the stall could get a ticket every 2 hours.

Ald. Tennyson, seconded by Ald. Oppermann moved to approve Ordinance #5-99. On call of the roll, motion carried unanimously.

consent agenda

Ald. Wagner introduced Resolution No. 21.

CITY OF JEFFERSON
RESOLUTION nO. 21

BE IT RESOLVED by the Common Council of the City of Jefferson that the consent agenda for June 1, 1999 is hereby adopted.

The consent agenda for tonight includes:

• 1999 Handicap Ramp Project, in an amount not to exceed $10,000.
• Vouchers Payable for May and June 1999, in the amount of $4,457.37 and $50,844.84 respectively.
• Payroll Summary of May 21, 1999 in the amount of $69,807.52.
• Council Minutes for the regular and closed session meeting of May 18, 1999.

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

2. Renewal Operator's licenses.
3. Special Class B licenses.
4. Renewal Liquor/Beer/Wine licenses.

Ald. Wagner, seconded by Ald. Tennyson moved to approve Resolution No. 21.

Ald. Oppermann asked that a correction be made to page 4 of the May 21, 1999 regular session Common Council Minutes, the vote should read 5 to 1, with 2 abstentions, not 6 to 0, with 2 abstentions.

Ald. Johann made a motion to table the issuance of the Combination Class B License to Dave's Piggly Wiggly.

City Attorney Scheibel said the City would have problems if we would not renew Mr. Lorbecki's license. At this time there is not legal basis for non-renewal.

Ald. Beyer spoke as an "ex-member" of the Regulatory Committee, stating that at worst, the Pitzners have been told by the DOR that the action was "legal, but it shouldn't have been done". Ald. Tennyson stated that all information that the City has obtained thus far has indicated that the City has not done anything illegal.

Ald. Johann moved to rescind her motion.

On call of the roll, motion carried unanimously.

AUTHORIZING THE ISSUANCE AND SALE OF $690,000 GENERAL OBLIGATION PROMISSORY NOTES

Mr. Dave Wagner of Ehlers and Associates then updated the Council how the bid opening went on Tuesday morning. Mr. Wagner then provided the Council with supplemental handouts. Mr. Wagner noted that six bids were received and that preliminary interest estimates were within $3,000 of actual numbers. Mr. Wagner added that the City had received good bids considering the days market activity. He noted that the bid had been awarded to Banker's Bank out of Madison, WI.

Ald. Stevens then introduced Resolution No. 22.

(Due to its length, In lieu of printing the complete text of this resolution a complete copy is on file at the office of the City Clerk and is available for public inspection.)

Ald. Johann indicated that the Finance Committee unanimously supported Resolution No. 22.

Ald. Stevens, seconded by Ald. Beyer moved to recommend Resolution No. 22. On call of the roll, motion carried unanimously.

CREATING TAX INCREMENTAL DISTRICT NO. 3

Ald. Coffman introduced Resolution No. 23.

(Due to its length, In lieu of printing the complete text of this resolution a complete copy is on file at the office of the City Clerk and is available for public inspection.)

City Administrator Schornack noted that the TIF district will assist the developer with the renovation of the Puerner Block building. He noted that the City still needs to have a Join Review Meeting and that the developer's agreement would need to be drawn up. He further elaborated that the agreement would spell out the number of years the district will exist and the percentage of revenues to be retained by the developer. When all is said and done the City's costs are expected to be around $4,000 to $5,000.

Ald. Tennyson asked when the adjacent parking lot would be done. City Administrator Schornack noted that completion was not likely before late fall.

Ald. Coffman, seconded by Ald. Stevens moved to recommend Resolution No. 23. Motion carried on a voice vote.

ADDENDUM TO CITY ATTORNEY CONTRACT

Ald. Wenzel introduced Resolution No. 24.

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin that Addendum No. 1 to the City Attorney's contract be approved setting the monthly fee at $2,500 for general legal services and the hourly fee at $75 for specialized legal services, and

BE IT FURTHER RESOLVED that the City Administrator is authorized to sign Addendum No. 1 to the City Attorney's contract.

City Attorney Scheibel noted that the increase was to cover an increase in his time. He noted that he was covering costs and in essence not requesting a "raise". He also stated that he had not asked the Council for an increase in the last three years.

Ald. Wagner commended Scheibel for his hard work and progress in the ever complicated municipal environment.

Ald. Wenzel, seconded by Ald. Johann moved to approve Resolution No. 24. On call of the roll, motion carried unanimously.

MILWAUKEE STREET WALK BRIDGE

Ald. Johann introduced Resolution No. 25.

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin to proceed with the Milwaukee Street walk bridge project if a minimum $50,000 is raised in private donations.

Mr. Dave Olsen spoke on behalf of the Bridge Builders Association. He stated that the organization has numerous fundraisers planned, they include: selling of bricks, cold calling, direct mailing, a street dance, and the Jefferson Jaycees will be donating their 4^th of July proceeds.

Ald. Johann made a motion to allocate the Wenzel development park dedication fees to pay for the City's remaining portion of the Milwaukee Street Pedestrian Walk Bridge. Ald. Oppermann seconded the motion for discussion.

Ald. Beyer stated that the Brick Builders Group is motivated and ready to raise money. She felt that it was premature to determine where the remainder of the funding is going to come from.

Ald. Tennyson stated that the park fees should be used to maintain our parks and their facilities. He further stated that he could not support the bridge when projects such as the Aquatic Center, North Street Bridge and North Main Street parking lot need to be addressed.

Ald. Beyer noted that by constructing the walk bridge we are not taking money from other projects. She felt the Council should support the project and get behind the citizen involvement to allow something good for the community.

Ald. Johann and Ald. Oppermann withdrew their amendment.

Ald. Oppermann stated that he felt the community has many needs. Above all, keeping taxes down. However, he felt that this is something the community wants and it was an opportunity for the Council to right a wrong.

Ald. Johann, seconded by Ald. Beyer moved to approve Resolution No. 25. On call of the roll, motion carried by a vote of 5 to 3. Ald. Coffman, Ald. Stevens and Ald. Tennyson voted nay.

COMPUTER SYSTEM FOR POLICE DEPARTMENT

Ald. Beyer introduced Resolution No. 26.

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin that the police department computer network operating system be upgraded to a Windows NT system at a cost of $7,853 to be paid for out of the Computer Fund.

City Administrator Schornack noted that this was not a budgeted item.

Ald. Beyer, seconded by Ald. Tennyson moved to approve Resolution No. 26. On call of the roll, motion carried unanimously.

RESOLUTION AUTHORIZING AN INCREASE IN THE PROPOSED TRANSFER TO THE COMPUTER UPDATE FUND

Ald. Coffman introduced Resolution No. 27.

RESOLUTION NO. 27

BE IT RESOLVED, by the Common Council of the City of Jefferson, Wisconsin that the 1999 Transfer into the Computer Update Fund be increased from $17,000 to $20,500.

Ald. Beyer asked if the Police Department was to relocate would the computer system still be adequate. Chief Besel stated that the system would be adaptable.

Ald. Coffman, seconded by Ald. Stevens moved to recommend Resolution No. 27. On call of the roll, motion carried unanimously.

AUTHORIZATION FOR CHANGE ORDERS #1 & #2 R.L. VENSKE FOR CURB AND GUTTER ALONG SOUTH WHITEWATER AVENUE

Ald. Tennyson introduced Resolution No. 28.

BE IT RESOLVED by the Common Council of the City of Jefferson that the City Administrator is hereby authorized to sign Change Orders #1 and #2 with R. L. Venske for $14,775.00 for an additional 1500 lineal feet of curbing along the CTH N (south) project and for $13,297.50 for an additional 1350 lineal feet of curbing along the CTH N project.

Ald. Johann noted that Resolution No. 28 was unanimously approved at Finance Committee.

Ald. Tennyson, seconded by Ald. Johann moved to approve Resolution No. 28. On call of the roll, motion carried unanimously.

4^th OF JULY FIREWORKS DISPLAY

Ald. Wagner introduced Resolution No. 29.

RESOLUTION NO. 29

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin that the City Administrator is hereby authorized to contract with Mad Bombers Fireworks to provide and display the 1999 fireworks for an amount no-to-exceed $4,500. This money was budgeted for in 1999.

Ald. Wagner, seconded by Ald. Stevens moved to recommend Resolution No. 29 for discussion.

Ald. Stevens asked why we chose Mad Bombers instead of Bartolatta.

Park, Recreation & Forestry Director Keller stated that, on paper, it looked like Mad Bombers would provide the City with a bigger show. Keller noted that neither company was from Jefferson. She further stated that staff didn't have strong feelings for either company.

Ald. Stevens preferred that we stay with the local representative. Ald. Coffman pointed to Bartolatta's safety record.

Ald. Wagner moved to amend Resolution 29 to read Bartolatta Fireworks instead of Mad Bombers Fireworks. Ald. Tennyson seconded the amendment. Motion carried on a voice vote.

On call of the roll, Amended Resolution #29 carried unanimously.

AQUATIC CENTER REPAIRS

Ald. Beyer introduced Resolution No. 30.

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin that the retaining wall located by the volleyball courts at the Aquatic Center be replaced in an amount not to exceed $6,130 to be paid for out of the Park Development Fund.

Park, Recreation and Forestry Director Keller then described the damage at the aquatic center to the Common Council.

Ald. Beyer, seconded by Ald. Tennyson moved to recommend Resolution No. 30. On call of the roll, motion carried unanimously.

Ald. Tennyson, seconded by Ald. Wenzel moved to adjourn to closed session pursuant to Sections 19.85(1)(e) of the Wisconsin State Statutes related to the Sale of Public Property.

On call of the roll the motion carried unanimously.

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

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

Ald. Stevens introduced Resolution No. 31.

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin that the parcel of land known as the northeast quadrant of West Puerner Street/Windsor Terrace be divided into one lot instead of two, a deed restriction be recorded on this property so that it cannot be split into two lots and a new certified survey map be completed for this parcel of land.

Ald. Stevens, seconded by Ald. Tennyson moved to recommend Resolution No. 31. Motion carried on a voice vote.

HIRE OF Deputy CLERK/TREASURER

Ald. Wenzel introduced Resolution No. 32.

BE IT RESOLVED by the Common Council of the City of Jefferson that the City Administrator is hereby authorized to hire Rita Baumann for the position of Deputy Clerk/Treasurer at a salary of $30,000.

Ald. Wenzel noted that Resolution No. 32 was approved unanimously at Personnel Committee.

Ald. Wenzel, seconded by Ald. Tennyson moved to recommend Resolution No. 32. On call of the roll, motion carried unanimously.

REPORTS

CHIEF OF POLICE

Chief Besel reported:

• The Police Department had received another bomb threat, this time at the

Middle School.

• Besel then reported on the downtown attempted suicide incident, the individual was removed without any injuries.

CITY ENGINEER

City Engineer Ludwig reported:

• Highway 26, phase I is nearing completion. The new opening date is scheduled for next Wednesday, provided we have good weather.
• South Whitewater Avenue had some soft spots, crews are currently doing repair.
• A small slide presentation, regarding the dam, was then given with slides provided to the City by the Army Corp of Engineers. City Engineer Ludwig anticipates the report by the Corp to arrive around June 1^st.

CITY CLERK/TREASURER

City Clerk Treasurer Parlow reported:

• Staff is very excited about the hire of Rita Baumann, she will be an excellent addition to the City.

CITY ADMINISTRATOR

City Administrator Schornack reported:

• Gave information on the May 16/17 storm. It was noted that the City received 4.8" of rain between 5:30 p.m. to 2:35 a.m., 4.14" falling between 11:35 p.m. and 1:35 a.m. He further noted that the rain received was in excess of a 100 year event, a 100 year rain would be considered 4.09".

COMMITTEES

Ald. Stevens reported on the Police Department Site Committee. He stated that a public informational meeting had been held May 20^th and another is scheduled for June 17 at 7:30 p.m. in the Senior Center. Presentations will also be given to the civic organizations.

Ald. Johann reported on the Senior Center Committee. She stated that the Committee would be going to the Park & Recreation Commission on June 8^th to present the feasibility study and the building plan. Ald. Johann also noted that Hilde Will, Nancy Haberman and herself attended a Community Block Grant Session in Madison.

Ald. Tennyson noted that the Ambulance Committee would be meeting on June 2^nd to discuss problems that the City has been experiencing with Curtis.

Ald. Oppermann gave a presentation regarding the Joint JDC/Common Council Annual Meeting. Oppermann expressed the importance of the openness of the meeting and expressed his concern for the manner in which the meeting is being held. He noted that he would be paying for his own meal and leave JDC funds for development purposes only.

Ald. Tennyson, seconded by Ald. Wenzel, moved to adjourn the June 1, 1999, meeting of the City of Jefferson Common Council. The motion carried on a voice vote.

These minutes of the June 1, 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.

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