Jefferson City Council - Minutes - 1999

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MINUTES
city of jefferson common council
OCTOBER 5, 1999

The Tuesday, October 5, 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, Ald. Stevens and Ald. Beyer. Also present were City Administrator Schornack, City Attorney Scheibel, Police Chief Besel, City Engineer Ludwig and Clerk/Treasurer Parlow.

COMMUNICATIONS

Mayor Brawders read a letter from Ms. Judy Lins requesting funding for a bullet proof vest for the Sheriff Departments new canine officer.

Mayor Brawders read a letter from Mr. David Ward thanking city officials for meeting with him during his bike tour. Mr. Ward indicated that he would continue his communications with the Township of Jefferson regarding the Highway 26 Bypass.

Mayor Brawders read a letter from Mr. Todd Temperly of the Lake Mills City Council informing the Council of the date for the first County-wide "City Official" meeting.

JEFFERSON DEVELOPMENT CORPORATION REPORT

Mr. David Olsen of the Jefferson Development Corporation gave an update of the Corporation's 1999 accomplishments. Among the items he discussed were Downtown Revitalization, Jefferson Bridge Builders, Wisconsin Management Company, the Highway 26 Corridor Study and the Jefferson Community Guide.

PUBLIC PARTICIPATION

David Pitzner, N5070 Martin Road, addressed the Council regarding the Proposed Liquor and Cigarette License increase. Mr. Pitzner questioned why the fee was being increased by such a large amount and why the Council was considering an increase at this time.

Mike Bolger, 218 South Braun Avenue, addressed the Council regarding the Proposed Liquor and Cigarette License increase. Mr. Bolger echoed Mr. Pitzner's sentiments, he also felt that this was a poor time to look at fee increases. (In light of the past several years of construction.)

Jane Bentheimer, 868 Hillside Drive, addressed the Council regarding the Proposed Liquor and Cigarette License increase. Mrs. Bentheimer felt that the Council was requesting too great of an increase. She agreed with Mr. Bolger's and Mr. Pitzner's opinions. She also stated that a few years ago the Council increased the fee for the Combination Class B License, she stated that she was told the increase was to cover publication costs. Bentheimer further stated that she had tested out the "publication theory" by purposely turning in her application late and she was still charged an increased publication fee.

Tim Bare, 217 Meadow Court, addressed the Council on several issues. Mr. Bare stated that he believes that the Council should stand firm on the issue of sidewalk on both sides of the street by the new middle school. Mr. Bare felt that it would be ridiculous to eliminate the sidewalk on the east side of the street. Mr. Bare also indicated that the County Board was looking at a possible 25% budget increase, he trusts that the City would be more conservative when adopting the City's final budget. Mr. Bare then questioned the repayment schedule for the new Police Department. He questioned why the City would only be making interest payments for the first four years of the loan.

ORDINANCE TO amend SECTION 12.01(E) RELATED TO RETAIL CLASS B LIQUOR LICENSE FEES AND sECTION 12.01(G) RELATED TO OPERATOR'S LICENSE FEES AND TO CREATE sECTION 12.16 REGARDING THE ISSUANCE AND FEE STRUCTURE FOR CIGARETTE LICENSES.

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

CITY OF JEFFERSON

ORDINANCE #10-99

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 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:

    1. 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.
  1. 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.
  2. 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.

Ald. Johann questioned why the Regulatory Committee was requesting such a large increase. Johann felt that the City should only be covering their costs when it comes to issuing licenses.

Ald. Johann, seconded by Ald. Stevens moved to amend Ordinance #10-99 to a $25 Cigarette License Fee instead of $100 and a $250 Class B Liquor License Fee (no change from current charges) instead of $300, renewal operator's license fees as written. Motion carried on a vote of 4 to 3, Ald. Coffman abstained. Ald. Wagner, Ald. Tennyson and Ald. Wenzel cast the dissenting votes.

Ald. Wagner stated that the Regulatory Committee had proposed a change similar to what had been done in other communities. The Committee felt that they were bringing the City's fee structure up-to-date.

Ald. Beyer felt that the proposed changes were too steep. She felt that the City should take it easy on owners for this year and that the City should only be charging enough to cover the cost of the license.

Ald. Oppermann stated that he felt license fees were one area that the City could look to capture additional revenue from. With decreasing state aids the City needs to look at other means of raising revenues without adding to the general tax levy which effects everyone.

Ald. Tennyson commented that other costs, besides issuance costs, are involved with the issuing of licenses, such as police service and enforcement. Ald. Tennyson also commented that he did not feel that the increase was too severe. With the cost of cigarettes being upwards of $3.00+ a pack, revenue could be quickly generated to cover the cost of the license.

Ald. Beyer stated that she felt the City should not be out to earn money, that the focus should be to offer a service.

Mayor Brawders stated that he felt that the business owners had little opposition to reasonable increases in license fees.

Ald. Wenzel stated that, as in any business, the cost (of the license) will be defrayed to the consumer. In turn, this would take the burden off of the average taxpayer.

Ald. Wagner, seconded by Ald. Tennyson moved to increase the Cigarette License fee from $25 to $50. On call of the roll, motion was defeated by a vote of 4 to 3 with Ald. Coffman abstaining from the vote. Ald. Wenzel, Ald. Wagner, and Ald. Tennyson voted in favor of the amendment.

Ald. Tennyson, seconded by Ald. Johann moved to recommend Proposed Ordinance #10-99. On call of the roll motion carried on a vote of 4 to 3 with Ald. Coffman abstaining from the vote. Ald. Wenzel, Ald. Wagner, and Ald. Tennyson cast the dissenting votes.

PROPOSED ORDINANCE RELATED TO UPDATES OF BUILDING CODE

Ald. Oppermann introduced Proposed Ordinance #11-99 for its first reading.

CITY OF JEFFERSON

PROPOSED ORDINANCE #11-99

 

An Ordinance to Repeal & Recreate Section 14.01(7) of the Municipal Code Related to Building Permit Fees.

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

    1. BUILDING CODE
FEES FOR BUILDING PERMITS. The fees for building permits shall be as follows:

BUILDING AND ZONING PERMITS

Minimum Permit Fee for All Permits $ 25.00

Residence: New One Family $375.00

New Two Family $475.00

Buildings: Apartments, Three Family & $ .12/sq ft or

Over, Accessory, Local Business, fraction

Office Buildings, Institutional, thereof for all

Additions, Or Alterations Thereto floor areas

 

4. Manufacturing or Industrial (Office areas $ .08/sq ft or

to be included under No. 3) fraction thereof

Permit to Start Construction of Footings and

Foundations:

a. One and Two Family $50.00

b. Multi-Family and Industrial/Commercial $75.00

6. All other Buildings, Structures, Alterations, $25 minimum

Repairs where square foot contents or $5/$1,000

can't be calculated of value

7. Wrecking or Razing $25 minimum+

(Building Inspector may waive fee, if $1/100 sq ft

structure is condemned)

8. Moving Buildings Over Public Ways $50 +  $2/100 sq ft principal buildings

$30 + $2/100 sq ft accessory buildings

Special Inspections – inspection necessary to $75.00

confirm continued failure to correct municipal code violation, or other special inspection

Re-inspection-additional inspection $30.00

necessary to verify correction of code violation

10. Wisconsin Uniform building Permit Seal $25.00

  1. Occupancy Permit:

a. Residential – only Multi-family $25.00/unit

b. Commercial and Industrial $50.00

12. Zoning permits', pools, fences, signs and $25 minimum or

other required zoning permits $5/$1,000 value

MECHANICAL AND MISCELLANEOUS

 

  1. Plumbing:
  2. a. Automatic washer $ 5.00

    b. Sink, dishwasher, garbage disposal $ 5.00

    c. Water closet, lavatory, urinal $ 5.00

    d. Laundry tray $ 5.00

    e. Bath tub/shower $ 5.00

    f. Hot tub, spa, whirpool, wash fountain $ 5.00

    g. High pressure boiler $25.00

    h. Drinking fountain sillcock $ 5.00

    i. Floor drain, sight drain $ 5.00

    j. Water heater, water softener $ 5.00

    k. Sump pump, ejectors or pump $ 5.00

    l. Manhole $10.00

    m.Catch basin $ 5.00

    n. Sprinkler heads $ .25

    o. Sanitary building drain $10.00

    Over 75ft. (add'l per ft.) $ .35

    p. Storm building drain $10.00

    Over 75ft. (add'l per ft.) $ .35

    q. Sanitary sewer lateral $25.00

    Over 100ft. (add'l per ft.) $ .35

    r. Storm sewer lateral $25.00

    Over 100ft. (add'l per ft.) $ .35

    s. Water lateral $25.00

    Over 75ft. (add'l per ft.) $ .35

    t. Other permits $25.00

     

  3. HVAC

NEW BUILDING

a. Commercial Heating, Ventilating & Air $.02/sq ft

Conditioning for all areas

EXCEPT

unheated garages

b. One and Two Family Heating, Ventilating $.02/sq ft

& Air Conditioning for all areas

EXCEPT

unheated garages

REPLACEMENT & MODIFICATION OF HEATING, AIR CONDITIONING EQUIPMENT, MISC.

Gas, Oil, Electric & Coal Furnace and Boiler

One & Two Family-First 150,000 BTU $15.00

Commercial-First 150,000 BTU $25.00

All Over 150,000 BTU $3.00/50,000 BTU

Air Conditioning

One and Two Family $15.00

Commercial $25.00

All Over 36,000 BTU $2.00/12,000 BTU

e. Fireplace and Wood Burning Stove $15.00

f. Electric Baseboard, Wall Unit and $1.25/KW

Cabinet Unit

g. Duct Work Alteration $20.00

h. Other permits $25.00

 

ELECTRICAL

a. Light switch and convenience outlet or $ .35

communication device

b. Power receptacle over 150 volts $ 5.00

over 30 amps $ 6.00

c. Lighting fixture $ .50

d. Temporary or permanent service, switch $25.00

alteration

Over 200 amps-additional per 100 amps $ 5.00

e. Refrigerating unit-per hp (4.00 minimum) $ .25

f. Heating furnace $ 5.00

g. Electric unit heating device (including $ 2.00

remote thermostat)

h. Air conditioning-per hp (5.00 minimum) $ .25

i. Combination heating and air condition- $10.00

ing unit

j. Feeder and sub-feeder-per 100 amp $ 5.00

capacity

k. Each motor, per hp $ 1.00

over 100 hp $ 2.50

l. Dispenser-gas, fuel oil, permanent $ 6.00

vending machine & well pump

m. Each generator and similar device $ 1.00

over 500 kw $ 2.50

n. Swimming pool (electrical wiring and $25.00

grounding)

o. Neon sign-per transformer (4.00 mini- $ .50

mum)

p. Florescent tube sign – (4.00 minimum) $ .15

q. Plug-in strip, trolley duct, trolley wire, $ .50

ect.

r. Wireway, busway, underfloor raceway $ .50

or auxiliary gutter

s. Visual electric signal or communication $ .50

device

t. Other permits $25.00

  1. Fees will double if work is started before permit is issued.

Minimum fee $25.00

Reinspection fee $25.00

Failure to call for inspection fee $25.00

This was a first reading.

 

consent agenda

Ald. Wagner introduced Resolution No. 89.

CITY OF JEFFERSON
RESOLUTION nO. 89

BE IT RESOLVED by the Common Council of the City of Jefferson that the consent agenda for October 5, 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. 89. On call of the roll, motion carried unanimously.

 

SLUDGE STORAGE CONTRACT

Ald. Johann introduced Resolution No. 90.

CITY OF JEFFERSON

RESOLUTION NO. 90

 

BE IT RESOLVED by the City Council of the City of Jefferson, Wisconsin that the City Administrator is authorized to sign a contract with Tracy and Sons, Inc. of Watertown, Wisconsin for sludge storage.

City Administrator Schornack noted that this would give the City an additional one million gallons in storage space. The expenditure, at a worst case scenario, would be a maximum of $50,000.

Ald. Johann, seconded by Ald. Stevens moved to recommend Resolution No. 90. On call of the roll, motion carried unanimously.

 

RESOLUTION ACCEPTING BID FOR SIDEWALK CONSTRUCTION AND REMOVAL

Ald. Beyer introduced Resolution No. 91.

CITY OF JEFFERSON

RESOLUTION NO. 91

BE IT RESOLVED, by the Common Council of the City of Jefferson that the City Administrator is hereby authorized to accept the bid from Johnson Brothers in the amount of $9,103.20 for 1999 Construction and Removal of Sidewalk in the City of Jefferson.

Ald. Beyer stated that Finance Committee did not make a recommendation. The Committee needed additional information on the location of the sidewalk.

Ald. Oppermann stated that the sidewalk would not interfere with the ball diamond or green space.

It was also noted that the sidewalk bid included the replacement of 5 sections of sidewalk throughout the City. These replacements were for areas in the City where trees had uprooted the sidewalk.

Mayor Brawders indicated that City residents could contact Johnson Brothers directly if they had sidewalk which they would like replaced.

Ald. Wagner stated that he was not in favor of sidewalk in the park, because there is no sidewalk on the south side of Linden Drive leading up to the park.

It was noted that sidewalk was being added to the park to comply with ADA standards and to make the park stroller accessible.

Ald. Beyer, seconded by Ald. Wenzel moved to recommend Resolution No. 91. On call of the roll, motion carried by a vote of 7 to 1. Ald. Wagner cast the dissenting vote.

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

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

 

REPORTS

CHIEF OF POLICE

Chief Besel reported:

CITY ENGINEER

City Engineer Ludwig reported:

CITY ADMINISTRATOR

City Administrator Schornack reported:

COMMITTEES

Ald. Johann stated that the Friends of the Seniors raised over $4,000 parking cars at the car show. The seniors will be holding a Press Conference on October 7 at 4:30 p.m. about the proposed center. Ald. Johann noted that the focus of the center was being moved from a senior center to a senior/community center.

Ald. Tennyson, seconded by Ald. Wagner, moved to adjourn the October 5, 1999, meeting of the City of Jefferson Common Council. The motion carried on a voice vote.

These minutes of the October 5, 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.