Jefferson City Council - Minutes - 1999

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MINUTES
city of jefferson common council
July 20, 1999

The Tuesday, July 20, 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. 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. Absent was Ald. Stevens.

 

COMMUNICATIONS

Ald. Johann read a letter from Sue Torum, Jefferson County Human Services, in support of a new Senior Center. Torum noted that the current site is inadequate for the nutrition site project.

Mayor Brawders read a letter from Gail Chamberlain, Jefferson County Health Department, in support of a new Senior Center. Chamberlain stated that the current site is too small and is inadequate for the needs of the population.

Ald. Johann read a letter from Fay Alatalo, Former Health Department Employee, in support of a new Senior Center. Faye noted that the current site has many shortcomings.

It was noted that the above letters were written in support of a Community Block Grant for the Proposed Senior Center.

 

 

PUBLIC PARTICIPATION

Bruce Calloway, 826 Rosemary Court, addressed the Council regarding the Preliminary Resolution No. 50. Mr. Calloway stated that he was against any type of special assessments along Highway N. Mr. Calloway also stated that he felt the curb and gutter project did not benefit his property and therefore would be unlawful to charge him for the improvements.

Mark Rollefson, Jefferson High School Assistant Principal, addressed the Council regarding Proposed Ordinance #8-99. He stated that Wisconsin's truancy law is not strong enough and that the Proposed Ordinance would provide much needed structure for habitually truant pupils.

William Brandel, 835 Lucas Lane, addressed the Council regarding Proposed Ordinance #8-99. Mr. Brandel stated that truancy has become worse and worse over the years and because of this, he feels that additional truancy legislation is necessary. He encouraged the Council to adopt the ordinance.

Scott Pierce, Superintendent of Schools, addressed the Council regarding Proposed Ordinance #8-99. Mr. Pierce stated that this issue is being addressed county-wide and he encouraged the Council to adopt the Ordinance. Mr. Pierce also drew the Council's attention to Whitewater and Watertown where a similar ordinance is in place and working well.

Hilde Will, 324 North Elizabeth Avenue, addressed the Council regarding the Senior Center Feasibility Study. Ms. Will encouraged the Council to approve the feasibility study. She also informed the Council that she (and others) have been working on a CDB Grant and wished to acknowledge the hard work of the Committee. Ms. Will read a letter from Mayor Brawders supporting the CDB Grant.

Nancy Haberman, 536 East North Street, addressed the Council regarding the Senior Center Feasibility Study. Ms. Haberman asked the Council to approve the feasibility study. She felt that the time had come for the Council to move forward on a Senior Center.

Mr. Randy Miller, 921 South Dewey, addressed the Council regarding the ongoing golf ball problem at his residence. He requested that the Council take action on this continuing nuisance.

Ms. Kathy Miller, 921 South Dewey, addressed the Council regarding the ongoing golf ball problem at her residence. She demanded that the Council take action immediately.

Mr. Allen Vine, 911 South Dewey, addressed the Council regarding problems he was experiencing with golf balls from Meadow Springs. Mr. Vine was also looking for the Council to find some type of answer to this ongoing problem.

Ms. Kay Reinders, N5038 Thrush Lane, addressed the Council regarding the "Buy-A-Brick" Fund Drive. She wanted to clarify that all proceeds from the fundraiser will be going to support the Milwaukee Street Pedestrian Bridge not a pedestrian bridge located at an alternate location.

 

prohibition of truancy

Ald. Tennyson introduced Proposed Ordinance #8-99 for its second reading.

 

CITY OF JEFFERSON

PROPOSED ORDINANCE #8-99

 

An ordinance to create Section 9.32.

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

 

Section 1. To create Section 9.32:

9.32 TRUANCY (1) DEFINITION.

A pupil is truant if he or she is absent from school without an acceptable excuse under Wisconsin Statutes 118.15 and Wisconsin Statutes 118.16(4) for part or all of any day on which school is held during a school semester.

(2) PROHIBITED.

No pupil under the age of eighteen shall be truant.

(3) COURT ACTION. The Court is hereby empowered to enter the following dispositions for a violation of (1):

(a) An order for the person to attend school;

(b) A forfeiture of not more than fifty dollars, plus costs, for the first violation, or forfeiture of not more than one hundred dollars, plus costs, for any second or subsequent violations committed within twelve months of a previous violation, subject to Wisconsin Statutes 938.37, and subject to a maximum cumulative forfeiture amount of not more than five hundred dollars for all violations committed during a school semester. All or part of the forfeiture, plus costs, may be assessed against the person, the parent or guardian of the person, or both, subject to 938.342, Wis. Stats.

Section 2. To amend 25.04(3) to include the following:

9.32 TRUANCY. First Offense $50 plus (b)

Second Offense $100 plus (b)

Ald. Tennyson, seconded by Ald. Wagner moved to recommend Proposed Ordinance #8-99, on call of the roll, motion carried unanimously.

Ald. Wagner noted that Regulatory Committee unanimously supported this ordinance.

Ald. Mayor then introduced that the Council would be considering Resolution No. 57 next.

 

 

FEASIBILITY STUDY FOR SENIOR CENTER

Ald. Johann introduced Resolution No. 57.

 

CITY OF JEFFERSON

RESOLUTION NO. 57

 

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin that the feasibility study for the senior center is hereby approved and Design Alliance Architects is approved to start the final design.

Mr. Pete Weston of Design Alliance Associates gave a presentation regarding the Proposed Senior Center Facility. He stated that the facility he designed would be approximately 11,000 sq ft and approximately 1M+ in funding would be needed to build the facility as designed. He further stated that he created this design without a budget in mind, his focus was to reach a design to fit the Seniors needs and wants.

Ald. Oppermann asked if this facility would also be considered a community center.

Mr. Weston's feeling was that the facility should be used solely for a Senior Center, but could serve some community uses if the seniors wished.

Ald. Johann stated that it was her understanding that a CDBG was only available for a Senior Center not a community center. If the Grant was awarded, the City would receive $600,000 in funding.

Ald. Wenzel stated that he felt there is merit to the City Hall site and asked if this site was considered in Mr. Weston's Feasibility Study.

Mr. Weston stated that the City Hall site would only provide about ½ of the space needed.

Ald. Johann stated that the Windsor Terrace/Puerner Street site was selected for a number of reasons: high concentration of seniors, parking availability, and lower traffic count.

Mr. Weston felt that the proposed site would eliminate some of the insecurities that the older population may have about traveling to the Center, thus increasing attendance.

Ald. Wagner stated that he was concerned about the proposed size of the facility. Ald. Wagner went on to state that many of the larger communities surrounding Jefferson have smaller senior centers.

Mr. Weston stated that the entire plan would need to be redrawn if the building was to be downsized.

Ald. Beyer stated that the Committee would be conducting public presentations, much like the Police Department Committee did for the Joint Use Facility.

Ald. Oppermann commented that the facility will be an asset to the community. However, he wished to remind the Council and the public that the City was making a substantial donation in the form of land—appraised cost of $98,000.

Ald. Johann noted that the $98,000 donation was counted as an in-kind donation on the CDBG application.

Ald. Johann, seconded by Ald. Tennyson moved to recommend Resolution No. 57. On call of the roll, motion carried unanimously.

 

 

 

consent agenda

Ald. Wagner introduced Resolution No. 48.

 

CITY OF JEFFERSON
RESOLUTION nO. 48

BE IT RESOLVED by the Common Council of the City of Jefferson that the consent agenda for July 20, 1999 is hereby adopted.

The consent agenda for tonight includes:

  1. Special Class B licenses.

Ald. Wagner, seconded by Ald. Tennyson moved to recommend Resolution No. 48. On call of the roll, motion carried unanimously.

 

 

APPROVING TRANSFER OF FUNDS FROM THE GENERAL FUND TO THE TID NO. 3 SPECIAL FUND

Ald. Beyer introduced Resolution No. 49.

 

CITY OF JEFFERSON

RESOLUTION NO. 49

 

BE IT RESOLVED by the Common Council of the City of Jefferson that the City Administrator is hereby authorized to transfer $7,500 from the General Fund balance to the TID No. 3 Fund, and

BE IT FURTHER RESOLVED that these funds will be reimbursed to the General Fund by TID No. 3 as funding becomes available.

Ald. Johann noted that Resolution No. 49 was unanimous at Finance Committee.

Ald. Beyer, seconded by Ald. Wenzel moved to recommend resolution No. 49. On call of the roll, motion carried unanimously.

 

 

 

PRELIMINARY RESOLUTION ON PROPOSED SPECIAL ASSESSMENTS OF STORM SEWER AND CURB & GUTTER IMPROVMENTS ON SOUTH WHITEWATER AVENUE FROM SOUTH STREET TO ROCK STREET.

Ald. Tennyson introduced Preliminary Resolution No. 50.

 

CITY OF JEFFERSON

PRELIMINARY RESOLUTION NO. 50

 

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

    3. 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.
    4. 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.
    5. 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 August 17, 1999, at 7:30 p.m. in the City Council Chambers, 317 South Main Street, Jefferson, Wisconsin.

Ald. Tennyson said that it was proper to reverse the previously made decision. It was his feeling that the City needed to "do it right".

Ald. Wagner stated that he would vote in favor of the preliminary resolution. His reasons for supporting the resolution are as follows: the property owners do benefit from the improvements, it is unfair to show preferential treatment to one area over another, and $50,000 in special assessments is too much money to "write-off".

Ald. Oppermann felt the City had made an unplanned, hasty decision which would now cost us money.

Ald. Beyer felt that the City was not setting a precedent for future assessing procedures and that the City should pay for improvements because the project came up too fast.

Ald. Tennyson reiterated that the City had made an error and it was now time to correct it.

Ald. Coffman stated that according to City Engineer Ludwig, CTH N could have lasted another 10 years with maintenance. The decision to replace the road was what the Streets Committee wanted, not because a need existed. Therefore, the City should pay for the improvements.

Ald. Oppermann asked if the City had saved any money by piggy-backing the project with the County. He voiced concern over the additional $160,000 that the City had spent on the project because the City had not received a grant this year and had chosen to forego the special assessments.

Ald. Wagner felt that the Council's actions set a precedent for future assessing procedures.

Ald. Tennyson, seconded by Ald. Wagner moved to deny Preliminary Resolution No. 50. On call of the roll, motion carried by a vote of 5 to 2, Ald. Tennyson & Ald. Wagner cast the dissenting votes.

 

 

APPROVING TRANSFER OF FUNDS FROM THE SIDEWALK FUND TO THE STREET CONSRUCTION FUND

Ald. Wenzel introduced Resolution No. 51.

 

CITY OF JEFFERSON

RESOLUTION NO. 51

 

BE IT RESOLVED by the Common Council of the City of Jefferson that the City Administrator is hereby authorized to transfer $10,000 from the Sidewalk Fund balance to the Street Construction Fund.

Ald. Wenzel, seconded by Ald. Johann moved to recommend Resolution No. 51. On call of the roll, motion carried by a vote of 6 to 1, Ald. Oppermann cast the dissenting vote.

 

 

 

ACCEPTANCE OF BIDS FOR SIDEWALK

Ald. Johann introduced Resolution No. 52.

 

CITY OF JEFFERSON

RESOLUTION NO. 52

 

BE IS RESOLVED, by the Common Council of the City of Jefferson that the City Administrator is hereby authorized to sign an agreement with Ptaschinski Construction Inc. for $19,471.80 for sidewalk work.

 

 

Ald. Beyer stated that Resolution No. 52 died in Finance Committee for a lack of a motion.

Ald. Johann, seconded by Ald. Wenzel moved to recommend Resolution No. 52 for discussion. On call of the roll, the motion was unanimously defeated.

It was noted that this project could be completed in 2000.

 

 

ACCEPTANCE OF BIDS FOR CURB & GUTTER

Ald. Oppermann introduced Resolution No. 53.

 

CITY OF JEFFERSON

RESOLUTION NO. 53

 

BE IS RESOLVED, by the Common Council of the City of Jefferson that the City Administrator is hereby authorized to sign an agreement with Ptaschinski Construction, Inc. for $7,744.00 ($6.40/lineal foot) for curb and gutter.

Ald. Johann stated that Resolution No. 53 was unanimous at Finance Committee.

Ald. Oppermann, seconded by Ald. Beyer moved to recommend Resolution No. 53. On call of the roll, motion carried unanimously.

 

 

DISALLOWANCE OF INSURANCE CLAIM

Ald. Stevens introduced Resolution No. 54.

 

CITY OF JEFFERSON

RESOLUTION NO. 54

 

BE IT RESOLVED by the Common Council of the City of Jefferson that claims submitted by Roy & Susan Markwardt concerning a sewer back-up of April 1999, are hereby disallowed and the City Administrator is hereby directed to serve a notice of disallowance on claimant and,

 

BE IT FURTHER RESOLVED that no action on this claim may be brought after 6 months of service of this notice.

City Administrator Schornack noted that Wausau Insurance Company had completed its investigation of a sewer backup claim involving the Roy & Susan Markwardt home. As the Markwardt's submitted specific damages, it is Wausau recommendation that this claim be formally disallowed by the Common Council. Schornack stated that the City has used this procedure in the past when such claims are made. The sewer backup occurred as a result of the rain/thunderstorm on April 23, 1999. Wausau Insurance found no negligence on the part of the City and thus denied the claim.

Ald. Tennyson asked if the backup was due to the volume of rain.

City Administrator Schornack noted that the rain we received was in excess of a 100 year rain event. He further stated that City infrastructure, in general, is not built to sustain a rain of this magnitude. However, Schornack eluded to some possible solutions for the future.

Ald. Beyer stated that sewer work on the Wisconsin Drive manhole may help eliminate some of the problems that the Markwardt's have experienced. This preventative measure may help alleviate any possible, if any, involvement the City had.

Ald. Beyer, seconded by Ald. Johann moved to recommend Resolution No. 54. Motion carried on a voice vote.

 

 

CANCELLATION OF regularly scheduled council meeting-AUGUST 3, 1999

Ald. Coffman introduced Resolution No. 55.

 

CITY OF JEFFERSON
RESOLUTION nO. 55

BE IT RESOLVED by the Common Council of the City of Jefferson that the regularly scheduled Common Council and Committee meetings on August 3, 1999, will be cancelled.

Ald. Coffman, seconded by Ald. Beyer moved to deny Resolution No. 55. On call of the roll, motion carried unanimously.

 

 

 

STOP SIGN ON NORTH SANBORN AVENUE AND EAST WOOLCOCK STREET

Ald. Wagner introduced Resolution No. 56.

 

city of jefferson

Resolution No. 56

 

BE IT RESOLVED by the Common Council of the City of Jefferson that the Streets Superintendent is hereby authorized to erect a stop sign on the corner of North Sanborn Avenue and East Woolcock Street.

Ald. Oppermann noted that Mayor Brawders received a request from Mr. Steve Adams to place a stop sign on the corner of North Sanborn Avenue and East Woolcock Street.

Ald. Wagner noted that this request was unanimously approved at the July 6, 1999 meeting of the Regulatory Committee.

Ald. Beyer felt that the traffic in this area was only seasonal.

Ald. Oppermann added that this intersection has limited sight lines.

Ald. Wagner, seconded by Ald. Oppermann moved to recommend Resolution No. 56. Motion carried on a voice vote.

 

APPROVAL OF DESIGN CONSULTANT FOR PROPOSED AQUATIC CENTER BATHHOUSE RENOVATION

Ald. Oppermann introduced Resolution No. 58.

 

CITY OF JEFFERSON

RESOLUTION NO. 58

 

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin that the City Administrator is hereby authorized to contract with R. Johnson Design Associates for the feasibility study in the amount of $6,400.00, and design for 8% less amount expended for the feasibility study, for the renovation of the Aquatic Center bathhouse.

Ald. Johann asked what the time frame would be for completion.

Mr. Rollins from R Johnson Design Company indicated that this fall is unrealistic. He would anticipated 2001.

Ald. Wagner felt that the timing is not right for the project.

Ald. Oppermann stated that the facility receives a lot of use and is functional. However, serious structural problems exist. He noted that the open roof design of the facility has aged the already 30-year-old structure.

Ald. Wenzel, as a patron of the facility, felt that the building is in definite need of upgrades.

Ald. Oppermann, seconded by Ald. Tennyson moved to recommend Resolution No. 58. On call of the roll, motion carried on a vote of 6 to 1—Ald. Wagner casting the dissenting vote.

Ald. Tennyson, seconded by Ald. Johann moved to adjourn to closed session pursuant to Sections 19.85(1)(c) of the Wisconsin State Statutes related to Employment. Motion carried on a voice vote.

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

 

 

HIRE OF ASSISTANT CITY ENGINEER

Ald. Wenzel introduced Resolution No. 59.

 

CITY OF JEFFERSON

RESOLUTION NO. 59

 

BE IT RESOLVED by the Common Council of the City of Jefferson that the City Administrator is hereby authorized to hire Jennifer Williams for the position of Assistant City Engineer at a salary of $31,400.

Ald. Wenzel, seconded by Ald. Tennyson moved to recommend Resolution No. 59. On call of the roll motion carried by a vote of 5 to 2—Ald. Coffman and Ald. Wagner cast the dissenting votes.

 

REPORTS

CITY ENGINEER

City Engineer Ludwig reported:

 

CITY ADMINISTRATOR

City Administrator Schornack reported:

 

COMMITTEES

Ald. Tennyson reported that Charter Communications has just under 2,000 subscribers in Jefferson. He noted that he would continue to investigate cable access for the Council Meetings.

Chief Besel reported that Ald. Stevens and himself would be doing a radio broadcast on Monday about the Proposed Joint Use Facility.

Ald. Johann reported that the Senior Center Committee would be holding a public education meeting on Monday, July 26th at 5PM.

Ald. Wagner reported that he had been contacted by the Gemuetlichkeit Parade Committee. Wagner noted that he has a vehicle in the parade and anyone wishing to ride in the parade should let him know.

Ald. Tennyson, seconded by Ald. Wenzel, moved to adjourn the July 20, 1999, meeting of the City of Jefferson Common Council. The motion carried on a voice vote.

These minutes of the July 20, 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.