Jefferson City Council - Minutes - 1999

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

The Tuesday, September 21, 1999, meeting of the City of Jefferson Common Council was called to order at 7:35 p.m. by Mayor Brawders. Members present: Ald. Wagner, Ald. Coffman, Ald. Oppermann, Ald. Wenzel, Ald. Johann, Ald. Tennyson, Ald. Stevens and Ald. Beyer. Also present were City Administrator Schornack, City Attorney Scheibel, Police Chief Besel, City Engineer Ludwig and Clerk/Treasurer Parlow.

Mayor Brawders stated that a Street Dance is scheduled as a fundraiser for the Milwaukee Street Walk Bridge Program. The dance is scheduled for September 25^th from 3 to 11 p.m. A "mini" car show is also scheduled for the 25^th.

Mayor Brawders read a letter from the Wisconsin League of Municipalities awarding a $29,000 insurance dividend check to the City.

Mayor Brawders read a letter from the Gemuetlichkeit Days Committee thanking the city for their $3,000 contribution. They were also requesting that the City continue to fund Gemuetlichkeit Days, at the $3,000 level, each year.

Mayor Brawders drew the Council's attention to the letter from Doskocil, which was read at the September 7 meeting, included in their packet.

Superintendent Folbrecht stated that he was happy to report that the department had survived the summer heat with little or no problem. He also stated that the City had reached a new peak in electrical usage, 30 MW.

Folbrecht also gave an explanation of the two power outages that occurred the beginning of September.

Folbrecht noted that the Main Street water main project was finished up a couple of months ago. He also stated that the Water Department had replaced the water main on Center and Ogden in anticipation of the City Public Works Department repairing these streets this fall.

Superintendent of Schools Scott Pierce addressed the Council regarding the proposed improvements for Reed, Taft, and Willow Streets. He specifically addressed the installation of a lift station and the placement of sidewalk along the east side of Taft Street.

It was noted that the school's original financial plan had not included these two items. The lift station and additional sidewalk were added to the street construction plan after the adjoining property owner, Mr. Spangler indicated that if he would be responsible for the street construction costs he would also want utilities to make his land saleable (to recoup his costs). These costs in turn had driven the budget for the Middle School construction into a deficit. And now the School District was looking for a compromise from the City on the lift station and the additional sidewalk.

City Administrator Schornack noted that, according to preliminary estimates from City staff and School District engineers, the City would have sufficient funds to cover the portion of assessments that Mr. Spangler would incur.

Superintendent of Schools Pierce indicated that the District had misunderstood the assessing procedures and later realized that they would be responsible for 62% of the project costs versus 50%.

Superintendent Pierce and the School District's consultants then outlined why the believed that the lift station and additional sidewalk were unnecessary.

The School District indicated that their plans are to install a grinder pump inside the school that would eliminate the need for a lift station. It was the District's position that much of the Spangler land towards the river is undevelopable, therefore making it difficult for Mr. Spangler to recoup development costs. If Mr. Spangler did not develop the adjacent lands, there would not be a need to install the lift station.

Superintendent Pierce felt that the proposed sidewalk on the east side of Taft Street is a terrible safety concern. Mr. Pierce indicated that the buses would now be lining up along the west side of Taft Street next to the new Middle School. It is his position that sidewalk along the east side of the street would cause a safety concern with children crossing the street to use the other sidewalk. Later it was noted that the High School children would still need to cross the street to walk back and forth from the buses. Pierce also noted that installation of sidewalk would interfere with the ball diamond on the east side of the street because the backstop is currently located in the city right-of-way. If sidewalk went in, the diamond would need to be relocated.

Superintendent Pierce reiterated that the current street construction plans would cause the Middle School to run over budget. Mr. Pierce questioned where the extra money would come from and stated that he felt it was not fair to take money out of the School building. Pierce acknowledged that he had signed the developer's agreement, but that was done so the project could commence. Now Superintendent Pierce was requesting that the City reconsider the installation of a lift station and the additional sidewalk.

Jim Renz, 805 South Whitewater Avenue, addressed the Council regarding the building of eight-family units along Dane Street. He stated that he and several of his neighbors are opposed to the eight family units. He asked the Council to consider not issuing a conditional use permit for the eight family units.

Ald. Wenzel, seconded by Ald. Wagner 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 and storm sewer proposed projects.

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

Ald. Wenzel introduced Final Resolution No. 84.

Final Resolution authorizing curb & gutter and storm sewer improvements and levying special assessments against benefited properties.

WHEREAS, the Common Council of the City of Jefferson, Wisconsin, held a public hearing at City Hall at 7:30 p.m. on the 21^st day of September, 1999, for the purpose of hearing all interested persons concerning the preliminary report on the following proposed improvements:

1185 ft of Curb and Gutter and 480 ft of Storm Sewer along North Jackson Avenue (east side)

330 ft of Curb and Gutter along Ogden Street (north side)

420 ft of Curb and Gutter along South Fischer Avenue (east side)

370 ft of Curb and Gutter along Copeland Avenue (west side)

NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Jefferson, as follows:

1. The report pertaining to the above-described public improvement is hereby adopted and approved.
1. That the City shall carry out the improvements in accordance with the report.
2. That payment for the improvements shall be made by assessing the costs to the properties benefited as indicated in the report.
3. That assessments shown in the report representing an exercise of police powers, have been determined on a reasonable basis and are hereby confirmed.
4. That any interested property owner may object to each assessment separately or all assessments jointly for any purpose.
5. That the assessments shall be paid in full within 30 days of invoicing (or in 4 annual installments) when arrangements have been made in advance with the City Clerk. The minimum principle payments which shall be allowed under the installment plan shall be $100 per year. Deferred payment shall bear interest at a rate of 9% per annum on the unpaid balance. Assessments not paid when due shall bear additional interest on the amount due at a rate of 12% per annum.

That the City Clerk shall publish this resolution as a Class One Notice and shall mail a copy of this resolution and a statement of final assessment against the benefited property to every property owner who's name appears on the assessment roll and whose post office address is known or can with reasonable diligence be ascertained.

Ald. Johann stated that discussion during the Finance Committee had indicated that the bid for the 1999 Streets Projects had come in over budget and that several projects would need to be postponed until 2000. Among those projects were Copeland and South Fischer Avenue.

Ald. Johann, seconded by Ald. Beyer moved to removed South Fischer Avenue and Copeland Avenue from Resolution 84. Motion carried on a voice vote.

City Engineer Ludwig explained why staff was recommending certain projects for 1999 construction. He also noted that a small amount of money would be left over after the proposed projects were completed. He stated that if the Council wished the City could mill and overlay South Fischer Avenue.

Ald. Coffman felt that we should only tear up South Fischer once. The City should plan on doing street reconstruction and curb and gutter work at one time.

Ald. Wagner questioned why we were not reconstructing Copeland this year. Engineer Ludwig indicated that construction on this street would be better next year when the Middle School traffic has moved to the new school.

Ald. Wenzel, seconded by Ald. Johann moved to recommend Final Resolution No. 84. Motion carried on a vote of 7 to 1, Ald. Tennyson cast the dissenting vote.

Ald. Stevens introduced Resolution No. 85.

WHEREAS, Wisconsin Statutes, Section 67.04 authorizes the City of Jefferson to issue General Obligation Bonds; and

WHEREAS, the City needs to provide funds for police facilities; 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 bids for the purchase of note to exceed $1,600,000 General Obligation Bonds of the City of Jefferson for consideration by the Common Council on October 19, 1999.

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

Mr. Dave Wagner of Ehlers and Associates noted that this resolution allows Ehlers to put together bond documents. He indicated that the City had passed a preliminary resolution and no one petitioned for a referendum. This gives the City the ability to go out for bids.

It was noted that the City would not be making principle payments for the first four years of the bond, theoretically eliminating the impact to the tax levy.

City Administrator Schornack then outlined the City's debt service requirements for the past several years as well as future projections. He noted that debt service payments will be kept around the 1998 level of $360,000.

Ald. Wagner thanked the Committee for making the "much needed" Police Department a reality.

Ald. Stevens, seconded by Ald. Tennyson moved to recommend Resolution No. 85. On call of the roll, motion carried unanimously.

Ald. Tennyson introduced Proposed Ordinance #10-99 for its first reading.

An ordinance to amend Section 12.01(e), Section 12.01(g) and to create Section 12.16 of the Municipal Code of the City of Jefferson related to permits and licenses.

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

Section 1. Section 12.01(3)(g) of the Municipal Code is hereby amended as follows:

Section 12.01(3)(g) Operator's Licenses $20 per year new; $15 per year renewal; $30 per two year new; $22 per two year renewal.

Section 2. Section 12.01(3)(e) of the Municipal Code is hereby amended as follows:

Section 12.01(3)(e) Retail Class B Liquor License. $300 per year. A retail Class B liquor license shall permit its holder to sell liquor in original packages or containers in multiples not to exceed 4 liters at any one time to be consumed off the licensed premises. Wine may be sold in original packages or otherwise in any quantity to be consumed off the licensed premises. If issued in conjunction with a Class B Fermented Malt Beverage License the fee is $400 per year.

1. A license may be issued after July 1 in any license year. The license shall expire on the following June 30. The fee for the license shall be prorated according to the number of months or fractions thereof remaining until the following June 30.
2. Licenses valid for 6 months may be issued at any time. The fee for the license shall be 50% of the annual license fee. The license may not be renewed during the calendar year in which issued.

Section 3. Section 12.16 of the Municipal Code is hereby created as follows:

16. CIGARETTE AND TOBACCO PRODUCTS. (1) STATE STATUTES ADOPTED. The provisions of Ch. 134.65 and Ch. 134.66 WI Stats., defining and regulating the sale, procurement, and dispensing of cigarettes and tobacco products, including provisions relating to the penalty to be imposed or the punishment for violation of such statutes, are adopted and made a part of this chapter by reference. A violation of any such provision shall constitute a violation of this chapter.

2. LICENSES. (a) When Required. No person shall, within the City, shall sell cigarette or tobacco products without a license, as required by State Statute Ch. 134.
3. LICENSE AND FEE.

(a) Cigarette License. $100/yr.

Section 4. This ordinance shall take effect and be in full force after passage and

publication as provided by law.

This was a first reading.

Ald. Wagner introduced Resolution No. 86.

BE IT RESOLVED by the Common Council of the City of Jefferson that the consent agenda for September 21, 1999 is hereby adopted.

The consent agenda for tonight includes:

• Vouchers Payable for September 1999, in the amount of $176,519.43.
• Payroll Summary of September 10^th in the amount of $73,762.57.
• Council Minutes for the regular and closed session meeting of September 7, 1999.

• Lease of Right of Way-The Jefferson House 9/25/99.
• Licenses as recommended by the Regulatory Committee.
  A. Operator's licenses.

2. Special Class B licenses.

Ald. Wagner, seconded by Ald. Tennyson moved to recommend Resolution No. 86. On call of the roll, motion carried by a vote of 7 to 0, Ald. Wenzel abstained from the vote.

City Attorney Scheibel asked for a correction to the September 7^th regular and closed session of the Common Council Minutes to note his attendance.

Ald. Johann introduced Resolution No. 87.

WHEREAS, the Jefferson County Board has established a county library and levies a county library tax as authorized under Section 43.57(3) of the Wisconsin Statutes, and

WHEREAS, Section 43.64(2)(b) of the Wisconsin Statutes provides that a village or city which levies a tax for public library service and appropriates and expends for a library fund as defined by s.43.52(1) during the year for which the county tax levy is made a sum at least equal to the county tax rate in the prior year multiplied by the equalized valuation of the property in the city or village for the current year is exempt from the county library tax and

WHEREAS, the City of Jefferson will in 1999, appropriate and expend an amount in excess of that calculated above,

NOW THEREFORE BE IT RESOLVED, that the City of Jefferson hereby requests of the Jefferson County Board of Supervisors that the City of Jefferson be exempted from the payment of any tax for the support of the County Library Service as provided in Section 43.64(2).

BE IT FURTHER RESOLVED, that copies of the resolution be forwarded by the City Clerk to the following parties.

Director Lorenz stated that in 1979 the County adopted a library tax which was not levied against any municipality with a library. What this did was open up all County libraries to County residents at no cost. Now the state decided that this policy would be a good practice state-wide, however, Jefferson County was already doing so. Lorenz noted that this resolution was "more-or-less" a paper trail to comply with State Statutes, but would not mean any policy changes for Jefferson County Libraries

Ald. Johann, seconded by Ald. Tennyson moved to recommend Resolution No. 87. On call of the roll, motion carried unanimously.

Ald. Coffman introduced Resolution No. 88.

BE IT RESOLVED, by the Common Council of the City of Jefferson that the City Administrator is hereby authorized to accept the bid from B.R. Amon & Sons in the amount of $84,397.50 for 1999 Street Reconstruction Projects.

Ald. Coffman, seconded by Ald. Oppermann moved to recommend Resolution No. 88. On call of the roll, motion carried unanimously.

Chief Besel reported:

• The position vacated earlier this year by Officer Durkee was recently filled.
• Gemuetlichkeit Parade went well. Chief will ask Committee to make this a permanent route.
• A routine stop for a speeding violation ended up with the collection of ˝ pound of marijuana.

City Engineer Ludwig reported:

• Highway 26 Project is on schedule. Ludwig noted that he had heard an opening date as early as November 1^st.
• The North Jackson project will begin next Monday with the curb and gutter portion of the project.

City Attorney Scheibel reported:

• An action has been started against Doskocil, Scheibel expects an appeal soon. This will be brought to Council for reconsideration. Scheibel noted that he has reviewed discharge for the past couple of months and has noticed a decrease in their exceedences.

City Clerk Treasurer Parlow reported:

• City Newsletter will go to the printer tomorrow. Issue should be out by October 1^st.

City Administrator Schornack reported:

• The truck wash was fined for their discharge and paid all fines in full.
• Budget work in on track, it will be two to three weeks until Budget Workshops.
• Contact Dave if you would like to attend the League Conference in Milwaukee 10/22-10/22.

Ald. Johann noted that a Senior Committee Meeting is scheduled for October 5^th. The Committee still has no word on the status of CDBG. They will also be setting up educational meetings similar to the meetings held for the Police Department.

Ald. Stevens stated that the Police Department was now a reality. The next step is to have the premises vacated.

Ald. Oppermann thanked the members of the Police Department Committee for a job well done. He also requested that the City look into creating a Building and Grounds Committee—possibly using the same staff as the Police Department Committee. Ald. Oppermann also requested that JDC and CIA Minutes be included in their Common Council Packets.

Ald. Wagner, seconded by Ald. Tennyson, moved to adjourn the September 21, 1999, meeting of the City of Jefferson Common Council. The motion carried on a voice vote.

These minutes of the September 21, 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.