Jefferson City Council - Minutes - 1999

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The Tuesday, December 8, 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.

Hilde Will, 324 North Elizabeth Avenue, addressed the Council regarding the Senior Center. Ms. Will thanked the members of the Committees and Sue Johann for their hard work and dedication to the Senior Center Project. She urged the Council to remove the $80,000 from the budget which was earmarked for the Senior Center. She added that she hoped the Senior Center issue would be resolved in the near future.

Jim Schroeder, 539 East Reinel, addressed the Council on several issues. Mr. Schroeder stated that the "People had spoken, 72% voted against the Senior Center". He encouraged the Mayor to disband the current Senior Committees and reappoint new faces with fresh ideas to explore the options for the Center. Mr. Schroeder then addressed the "reprehensible behavior exhibited by one of the Council people". He commented on the advertisements and mailers which were based upon false statements and he questioned who was financially responsible for them, he also commented on letters to the editor which were not signed. Jim stated, as a member of the Taxpayers for Realistic Spending, that they were legally filed with the clerk, spoke truth about the issue at hand and did not sink to personal attacks. Mr. Schroeder felt that this individual had dishonored the entire Council and called for a "Resolution of Censure".

Tim Bare, 217 Meadow Court, addressed the Council regarding the sewer line to the new Middle School. Mr. Bare wondered who was paying for this project. He stated that he feels the burden should not be shifted to all the users of the system, rather to those individuals or groups which benefit directly.

Robert Mau, 207 East Racine Street, addressed the Council regarding the Senior Center Project. Mr. Mau stated that he would be willing to make a financial contribution TO the Senior Center if the site was committed to the downtown location.

City Attorney Scott Scheibel stated that he had made several revisions to the City's agenda after attending information sessions regarding Open Meetings Laws. Atty. Scheibel stated that the courts have construed open meetings laws very narrowly. As a rule of thumb, any item which may concern anyone should be clearly stated on the agenda. The only exception being Public Participation.

After Council discussion, Atty. Scheibel stated that the "Works in Progress" section of the agenda was too vague and left the City open to potential Open Meetings Law violations. It was noted that this item could be placed back on the agenda if the items to be discussed were clearly stated.

Ald. Wagner, seconded by Ald. Tennyson moved to confirm the following Mayoral appointments. Motion carried on a voice vote.

ADA Advisory Committee…………..………….Tony LokDuca, St. Coletta Representative

ADA Advisory Committee……………………..Jerry Rader, School District Representative

ADA Advisory Committee…………………………Bob Kober, Community Representative

Ald. Stevens introduced Resolution No. 122.

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin that the City Administrator and Mayor are authorized to sign a satisfaction of the mortgage from Foremost Buildings, Inc. to the City which was filed on August 26, 1999 in Volume 1118 of Records on Page 173 as Document No. 1024547 with the stipulation that said satisfaction is to be recorded only after a new mortgage has been given to and filed in the Jefferson County Register of Deeds by the City by Foremost Properties, LLC, said new mortgage being in an amount not less than the original amount of $170,000 and with verification that the new mortgages are filed in amounts not greater than and in the same order as those presently filed.

Jim Van Lieschout, President of Premier Bank, spoke on behalf of Foremost Buildings. He explained the transfer of property and debt to the Council. He assured the Council that staff and the City Attorney would be able to review all documents before they were filed at the County Register of Deeds.

Mayor Arnie Brawders indicated that the City Administrator and himself had had an opportunity to tour Foremost Buildings and that he was very pleased with the improvements that had been made.

Ald. Stevens, seconded by Ald. Johann moved to recommend Resolution No. 122. On call of the roll, motion carried unanimously.

Mayor Brawders called the public hearing to order.

City Administrator Schornack read the Notice of Public Hearing.

City Administrator Schornack gave an explanation of the proposed 2000 budget and showed several overhead transparencies explaining the revenues, expenses, and transfers in and out, along with end-of-the-year balances for 2000. The tax levy for 2000 is $1,985,792, as compared to $1,706,000 in 1999. The Clerk and Administrator then outlined the streets and building projects for 2000.

The Administrator explained that the Sewer Utility is going to be having some major improvements in the coming years and a sewer rate increase in the neighborhood of 17%. He also noted that the Utility has not experienced a rate increase for many years and in fact the Utility rates had decreased. Schornack noted that the Utility was no longer at the break even point with expenses and revenues.

Mayor Brawders then announced that if any citizen wished to address the Common Council on this issue, they could stand and give their name and address and address the Council at this time.

Tim Bare, 217 Meadow Court, stated that he felt the double-digit increase was too steep. Mr. Bare calculated that an average worker would need a $.15 increase per hour to pay for the overall proposed tax increase. Mr. Bare then questioned the Sewer Utility Project and once again questioned who would be responsible for the costs. Mr. Bare also requested that the Council remove the $80,000 for the Senior Center in light of Tuesday's vote.

Ald. Coffman questioned what portion of the fund balance was going to be utilized for projects in 2000. City Clerk/Treasurer Parlow indicated that somewhere in the neighborhood of $550,000 – 600,000 would be utilized.

City Administrator Schornack then gave an overview of the tax impact upon a taxpayer of a $100,000 home.

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

Ald. Johann introduced Resolution No. 116.

BE IT RESOLVED by the Common Council of the City of Jefferson that the 2000 General Fund budget attached hereto and the 2000 budgets for Special Funds and the Wastewater Treatment Utility are hereby adopted. And,

BE IT FURTHER RESOLVED that any budgetary figures stipulated in the Municipal Code shall be amended to reflect changes authorized in the Municipal budget.

Ald. Johann provided an explanation of the budgetary increases for citizen Dave Carnes.

Ald. Oppermann, seconded by Ald. Wagner amended Resolution No. 116 to remove the $80,000 earmarked for the new Senior Center.

Ald. Beyer stated that she would support the removal of the $80,000. She felt that these funds had to be deleted at this time until a new approach or a new idea was developed.

On call of the roll, motion carried unanimously.

Ald. Oppermann, seconded by Ald. Beyer amended Resolution No. 116 to remove $13,000 earmarked for a new City travel vehicle.

Ald. Wagner asked if anyone had checked into the cost of a lease. City Administrator Schornack indicated that the cost to lease a vehicle would be approximately $300-330 a month.

Ald. Beyer suggested that staff use rental vehicles from one of the local car rental places when they need to travel outside of town.

Ald. Stevens pointed out that other departments are also in need of vehicles and that other arrangements will need to be made if this amendment passes.

Ald. Oppermann asked how much the vehicle is used. City Administrator Schornack indicated that in the Spring and Summer season the vehicle spends most of the time away from the City. However, in the winter months the vehicle receives little use.

Ald. Beyer suggested that the City remove the $14,000 budgeted for the travel car and utilize rentals when staff needs to travel out of town.

City Administrator Schornack requested that $1,000 be left in the budget for vehicle repairs.

On call of the roll, motion carried by a vote of 7 to 1. Ald. Coffman cast the dissenting vote.

Ald. Oppermann, seconded by Ald. Beyer amended Resolution No. 116 to remove the $6,000 earmarked for defibrillators. Ald. Oppermann felt that these items could be purchased by service groups.

Ald. Coffman asked how many squads the City had on the road at all times. Police Chief Besel indicated two or three, depending upon the season.

Ald. Johann felt that the City should purchase all three defibrillators immediately after the new year.

City staff explained that a budget adjustment would need to take place at the first meeting in January if the Council removed the expenditure and then purchased the three units. The only other alternative would be to remove funds from the Contingency line item.

After discussion, the amendment was withdrawn.

Ald. Wagner, seconded by Ald. Johann moved to amend line item 267 (Services to Maintain Streets) in the Public Works budget from $277,000 to $222,000.

Ald. Wagner requested that the $55,000 be removed from the North Dewey project. Wagner stated that the street could be overlayed and milled instead of a complete reconstruction.

City Engineer Ludwig indicated that sufficient asphalt does exist to be milled, however, several areas show severe distress for base patch. Ludwig noted that if a lot of base patching needs to be completed that $50,000 may not be adequate to complete the project. Ludwig went on to note that obtaining right-of-way for the North Dewey project will be difficult and cost is unknown. He stated that a mill and overlay would last 10-15 years, less with heavy truck traffic. A new road should last 25 years.

Ald. Beyer asked if the easements had been negotiated. City Engineer Ludwig stated that he cannot negotiate something that's not a project. Ald. Beyer suggested that the project be completed in phases, allowing Ludwig time to work on obtaining the easements and finalize cost estimates. She further stated that the phasing of the project would help eliminate a big hit to the budget.

Ald. Stevens felt that the project wouldn't be any cheaper next year and that the City could realize savings from doing the project all at once.

Ald. Oppermann stated that he supported breaking the project into two phases. It was his opinion that mill and overlay would not be a sufficient fix.

City Engineer Ludwig indicated that he was unable to provide the Council with cost estimates or how much of the project could be completed with $50,000.

On call of the roll, motion was defeated. Ald. Wagner voted in favor of the amendment.

Ald. Wagner, seconded by Ald. Johann moved to amend line item 267 (Services to Maintain Streets) in the Public Works budget from $277,000 to $227,000.

Ald. Beyer requested that the $50,000 be removed from the budget for the North Dewey project. Beyer indicated that this would be the first phase of the project and would allow the Engineering Department time to investigate the cost of obtaining easements from the Cemetery.

Ald. Stevens stated that he was concerned that the road would be torn up two years in a row.

On call of the roll, motion carried by a 5 to 4 vote. Mayor Brawders, Ald. Johann, Ald. Beyer, Ald. Wagner, and Ald. Oppermann voted in favor of the amendment. Ald. Stevens, Ald. Tennyson, Ald. Coffman, and Ald. Wenzel vote against the amendment.

Ald. Johann, seconded by Ald. Oppermann moved to remove $4,000 for a Sand Volleyball Court. Ald. Johann requested that this project be removed after discussions regarding the Sewer Utility Inteceptor Line which would disturb sections of Riverfront Park this summer.

Ald. Johann asked if Park, Recreation and Forestry Director Keller had any concerns with the removal of the project. Keller indicated that the project would resurface for 2001.

On call of the roll, motion carried by a vote of 5 to 3. Ald. Coffman, Ald. Wenzel, and Ald. Stevens cast the dissenting votes.

Ald. Johann, seconded by Ald. Tennyson moved to approve Amended Resolution No. 116. Roll was then called on Resolution No. 116. The motion carried on a vote of 6 to 2. Ald. Coffman and Ald. Wenzel cast the dissenting vote.

Ald. Stevens introduced Resolution No. 117.

BE IT RESOLVED by the Common Council of the City of Jefferson that the 1999 General Fund Property Tax Levy for Municipal Services in 2000 in the amount of $1,838,792 is hereby approved; and

BE IT FURTHER RESOLVED that the following tax rates are hereby adopted:

State of Wisconsin .225059810

Jefferson County 5.353583224

Jefferson School District 13.121977189

VTAE - Technical College 1.664642507

CITY OF JEFFERSON 6.769392853

SUBTOTAL: 27.134655583

Less State School Credit -1.776996678

NET TAX RATE: 25.357658905

Ald. Stevens, seconded by Ald. Tennyson moved to approve Resolution No. 117. Roll was then called on Resolution No. 117. The motion carried by a vote of 7 to 1. Ald. Coffman cast the dissenting vote.

Ald. Oppermann introduced Ordinance #12-99.

An ordinance to amend the general ordinances of the City of Jefferson, Wisconsin.

WHEREAS, it is deemed expedient and necessary that the Municipal Code of the City of Jefferson be brought up-to-date; and

WHEREAS, ordinances adopted through Ordinance #11-99, dated November 2, 1999, (excluding Ordinance #10-98), and changes necessitated by changes in State law have now been incorporated into the Municipal Code; and

WHEREAS, a copy of such amended Code has been on file and open for public inspection in the office of the City Administrator for not less than 2 weeks, as required by 66.035, Wis. Stats., and notice thereof was given by publication on November 22, 1999, in the Daily Jefferson County Union;

NOW, THEREFORE, the City Council of the City of Jefferson ordains as follows:

Section 1. That the Code of Ordinances in book form entitled, "Municipal Code of the City of Jefferson, Wisconsin", as amended, shall be and hereby is adopted as the general ordinances in and for the City of Jefferson, Wisconsin.

Section 2. This ordinance shall take effect the day after passage and publication as provided by law.

This is first reading.

Ald. Coffman introduced Proposed Ordinance #13-99.

WHEREAS, as part of the Budget Adjustment Act, 1997 Wisconsin Act 237, a number of significant changes regarding property tax assessment appeals and Board of Review procedures were enacted; and

WHEREAS, at Section 279(K) of 1997 Wisconsin Act 237, Section 70.47(7)(af) of the Wisconsin Statutes was created; and

WHEREAS, Section 70.47(7)(af), Wis. Stats., requires that the municipality provide by ordinance for the confidentiality of information about income and expenses that is provided to the Assessor under Section 70.47(7)(af), Wis. Stats., and shall provide exceptions for persons using the information in the discharge of duties imposed by law or of the duties of their office or by order of the court,

NOW, THEREFORE, the City Council of the City of Jefferson, Jefferson County, Wisconsin DO ORDAIN AS FOLLOWS:

Section 1: Whenever the Assessor, in the performance of the Assessor's duties, requests or obtains income and expense information pursuant to Section 70.47(7)(af), Wis. Stats., or any successor statute thereto, then, such income and expense information that is provided to the Assessor shall be held by the Assessor on a confidential basis, except, however, that the information may be revealed to and used by persons: in the discharging of duties imposed by law; in the discharge of duties imposed by office (including, but not limited to, use by the Assessor in performance of official duties of the Assessor's office and use by the Board of Review in performance of its official duties); or pursuant to order of a court. Income and expense information provided to the Assessor under Section 70.47(7)(af), unless a court determines that it is inaccurate, is, per Section 70.47(7)(af), not subject to the right of inspection and copying under Section 19.35(1), Wis. Stats.

Section 2: SEVERABILITY.

The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and shall not affect the validity of any other provision, sections or portions thereof of the ordinance. The remainder of the ordinance shall remain in full force and effect. Any other ordinances whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict.

SECTION 3: EFFECTIVE DATE.

This ordinance shall take effect immediately upon passage and posting or publication as provided by law.

This is a first reading.

Ald. Wagner introduced Resolution No. 118.

BE IT RESOLVED by the Common Council of the City of Jefferson that the consent agenda for December 8, 1999 is hereby adopted.

The consent agenda for tonight includes:

• Approval of the Joint Powers Agreement for the County 911 Emergency System.

• Vouchers Payable for December 1999 in the amount of $141,058.31. Payroll Summary of November 19^th in the amount of $72,087.03.
• Council Minutes for the regular session meeting of November 16, 1999.

• 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. 118. On call of the roll, motion carried unanimously.

Ald. Wenzel introduced Resolution No. 119.

BE IT RESOLVED by the Common Council of the City of Jefferson that the maximum salary for the library director for 2000 is $48,027.27.

Ald. Oppermann, seconded by Ald. Beyer moved to recommend Resolution No. 119. On call of the roll, motion was defeated by a vote of 5 to 3. Ald. Wagner, Ald. Coffman, Ald. Oppermann, Ald. Wenzel and Ald. Beyer cast the dissenting votes.

Removed from the agenda.

Ald. Beyer introduced Resolution No. 121.

BE IT RESOLVED by the Common Council of the City of Jefferson that the City Administrator is hereby authorized to purchase a 2000 Ford Crown Victoria from Havill-Spoerl for an amount not to exceed $20,225.

Ald. Coffman stated that he had investigated the low bid and agreed that the Crown Victoria is the better vehicle for the Police Department.

Ald. Wagner stated that he had spoken to several members of the Police Department staff and they all like the Crown Victoria.

Ald. Beyer, seconded by Ald. Stevens moved to recommend Resolution No. 121. 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)(e) of the Wisconsin State Statutes related to the sale of public property. 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.

Action taken in closed session.

Ald. Oppermann introduced Resolution No. 124.

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin that Lots 3 and 4 of Certified Survey Map No. 3823, approximately .968 acres of land, be sold to Michael J. and Susan Kutz for $38,000 with no realtor commission and to authorize the City Administrator to sign related sale documents.

Ald. Wenzel asked that the pending special assessment's estimated costs be noted on the closing documents.

Ald. Oppermann, seconded by Ald. Tennyson moved to recommend Resolution No. 124. Motion carried on a voice vote.

Ald. Wagner introduced Resolution No. 125.

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin, that the City Administrator is hereby authorized to sign the Deed transferring Lot 1 of Certified Survey Map No. 3889 to J.C. Landholding, LLC, upon payment of the purchase price.

Ald. Wagner, seconded by Ald. Tennyson moved to recommend Resolution No. 125. On call of the roll, motion carried on a voice vote.

Ald. Tennyson, seconded by Ald. Wenzel, moved to adjourn the December 8, 1999, meeting of the City of Jefferson Common Council. The motion carried on a voice vote.

These minutes of the December 8, 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.