Jefferson City Council - Minutes - 1999

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The Tuesday, December 21, 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. Tennyson, Ald. Stevens and Ald. Beyer. Ald. Johann arrived at 7:45 p.m. Also present were City Administrator Schornack, City Attorney Scheibel, Police Chief Besel, City Engineer Ludwig and Clerk/Treasurer Parlow.

Lyman Tracy, 457 North Pleasant Avenue, addressed the Council regarding recent changes to the agenda. Mr. Tracy felt that the deletion of "Communications" and "Works-in-Progress" would adversely impact the communication between the public and the staff. He encouraged the Council to reinstate "Communications" and "Works-in-Progress". Mr. Tracy then addressed the Council regarding the sale of the lot formerly dedicated for the proposed new Senior Center. Mr. Tracy felt the resolution for the sale of the lot should be tabled until a new committee is formed and new ideas are generated. He noted that the Seniors were criticized for "moving too fast" and now he felt the Council was "moving too fast".

Russ Endres addressed the Council regarding the resolution to appraise the "Big A" parcel. Mr. Endres encouraged the Council to support the resolution. He indicated that the "Big A" parcel is integral to the renovation of the Puerner Building and the condemnation of the property is also necessary to assure the renovation of the Puerner Building.

Craig Ellsworth, 138 South Main Street, addressed the Council on several issues. Mr. Ellsworth spoke to the Council as a chamber member and a member of the Downtown Revitalization Committee. He stated that he felt the Council should do whatever it takes to ensure that a deal is made with Mr. Endres for the revitalization of the Puerner Building. Mr. Ellsworth also indicated that he felt the Council should support the return of the Farmers Market to the downtown location.

Dave Olsen, 221 South Center Avenue, addressed the Council regarding the Farmers Market. Mr. Olsen indicated that due to the Hwy 26 construction the Farmers Market had been temporarily moved to the Jefferson County Fairgrounds. He was now asking for the Council's support to move the Market back to the downtown location. Mr. Olsen indicated that it was also the position of City and Chamber Staff that the Market would return to the downtown location after the highway reconstruction.

The Mayor then introduced the new reporter from WFAW, Jan Simon.

Discussion of city attorney memo regarding agenda changes

Mayor Brawders indicated that he felt the recent changes to the agenda would interfere with the dissemination of the information to the public. Mayor Brawders drew the Council's attention to his memo included in their Council packet.

City Attorney Scheibel indicated that he felt the addition of the "Communications" and "Works-in-Progress" to the agenda poses potential open meetings violations for the City and the Council Members. Attorney Scheibel presented the Council with an excerpt from the Attorney General's Open Meetings Laws Compliance Guide. He stated that he felt the Council should indicate which direction staff should take. Scheibel indicated that if an open meetings law complaint was filed, each Council member would be directly involved in any claim.

Ald. Wagner indicated that the Council needs more latitude in how the law is interpreted. He felt that the information must be brought to the public.

After full Council discussion, it was the consensus of the Council to include "Communications" and "Works-in-Progress" on the City agendas.

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

Water & Electric Commission…………..……………………………………………Bill Brandel

Ald. Wagner felt that Mr. Brandel would do an exceptional job for the City.

Ald. Johann arrived (7:45).

Ald. Oppermann introduced Proposed Ordinance #12-99 for its second reading.

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.

Ald. Oppermann, seconded by Ald. Wenzel moved to recommend Ordinance #12-99. On call of the roll, motion carried unanimously.

Ald. Beyer inquired about the status of the "No Wake Ordinance".

Ald Coffman introduced Proposed Ordinance #13-99 for its second reading.

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.

Ald. Coffman, seconded by Ald. Johann moved to recommend Ordinance #13-99. On call of the roll, motion carried unanimously.

Ald. Tennyson asked why the assessor needs this information. City Administrator Schornack indicated that this information is used to more accurately assess properties in the City.

Ald. Wenzel introduced Proposed Ordinance #14-99 for its first reading.

An Ordinance to Create Section 7.03(4)(h) of the Municipal Code of the City of Jefferson Related to a No Parking Zone.

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

Section 1. 7.03(4)(h) No person shall park on any of the following:

1. N. Sanborn Ave., east side, 100 block.

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

This is a first reading.

Ald. Wagner introduced Resolution No. 126.

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

The consent agenda for tonight includes:

• Nutrition Site Lease Agreement.
• Humane Society Contract at $1.50/capita.
• Vouchers Payable for November & December 1999 in the amounts of $710.26 and $358,884.22 respectively and Payroll Summary for December 3, 1999 in the amount of $75,881.74.
• Council Minutes from the December 8, 1999 Regular and Closed Session Meetings.
• Licenses as Approved by the Regulatory Committee

Operator's Licenses-NONE

Special Class B Licenses-United Way of Jefferson & Walworth Counties

Ald. Wenzel made the following correction to the regular session minutes of the December 8, 1999 Council Meeting. Ald. Oppermann introduced Resolution #119.

Ald. Johann indicated that, during budget workshops, the Finance Committee had recommended the Humane Society Contract at $1.50/capita. Johann indicated that this is the same amount that the surrounding communities are contributing.

Ald. Wagner, seconded by Ald. Tennyson moved to recommend Resolution No. 126. On call of the roll, motion carried by a vote of 7 to 1. Ald. Coffman cast the dissenting vote.

Ald. Stevens introduced Resolution No. 127.

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin that the Senior Center Committee, which includes all sub committees thereof, is hereby disbanded and the Common Council thanks the members of the committee for their hard work.

Mayor Brawders extended a sincere thanks to the members of the Committee for a job well done.

Ald. Stevens, seconded by Ald. Tennyson moved to recommend Resolution No. 127. Motion carried on a voice vote.

Ald. Wagner introduced Resolution No. 128.

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin that the Senior Center Facility Committee, which includes all sub committees thereof, is hereby disbanded and the Common Council thanks the members of the committee for their hard work in investigating a new stand alone senior center.

Mayor Brawders extended sincere thanks on behalf of the City and Council to the members of the Committee for a job well done.

Ald. Wagner, seconded by Ald. Tennyson moved to recommend Resolution No. 128. Motion carried on a voice vote.

Ald. Wagner asked the Mayor if he could be appointed to the new committee.

Ald. Johann introduced Resolution No. 129.

BE IT RESOLVED by the Common Council of the City of Jefferson Wisconsin that the City Administrator is hereby authorized to sign an agreement with Jaeckel Brothers to demolish, remove and dispose of two building on City property along North Jackson Avenue in the amount of $5,000.

Ald. Tennyson asked if any contamination exists on this property. City Administrator Schornack indicated that none had been discovered.

Ald. Johann, seconded Ald. Beyer moved to recommend Resolution No. 129. On call of the roll, motion carried unanimously.

Ald. Beyer introduced Resolution No. 130.

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin that the land previously designated for the site of a new senior center known as the northwest quadrant of the intersection of West Puerner Street and Windsor Terrace be put up for sale.

Ald. Johann stated that she felt this resolution demanded discussion and requested input from all the members of the Council. Johann stated that the Seniors were accused of moving too fast and now she felt that the Council was moving too fast. She felt that the resolution should be tabled until the new committee has a chance to investigate and make their own recommendations. Ald. Johann also indicated that the Friends of the Seniors have intended to use this lot for future fundraising activities.

Ald. Tennyson, seconded by Ald. Oppermann made a motion to table Resolution No. 130.

Ald. Beyer reminded the Council that the community had voted 3 to 1 in favor of not bonding. She noted that she understood that the vote did not include a location, but with the location comes money. The voters did vote down spending a significant amount of money on a senior center. She stated that it was OK to table the resolution, but wanted to remind the Council to listen to the voters.

Ald. Coffman stated that he felt the Council may be moving a little fast and that he supported tabling the resolution. However, he noted that he is in support of selling the lot and the City should not be retaining the lot for fundraising purposes.

On call of the roll, motion carried on a voice vote. Ald. Beyer voted against tabling the resolution.

PRELIMINARY RESOLUTION AUTHORIZING THE LEVYING OF SPECIAL ASSESSMENTS AGAINST EFFECTED PROPERTY

Ald. Oppermann introduced Preliminary Resolution No. 131.

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:

6,200 sq ft of Concrete Sidewalk along the West side of Hillside Drive and 1,300 sq ft of Concrete Sidewalk along the North side of East Washington Street

1. 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 footages.
2. The Assessments against any parcel may be paid in full or in 4 annual installments when arrangements have been made with the City Administrator.
3. The City Engineer shall prepare a report that will consist of the following:
   a. Plans and specifications for the improvements
   b. An estimate of the entire cost of the improvements.
   c. Schedule of proposed assessments.
4. 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 January 18, 2000, at 7:30 p.m. in the City Council Chambers, 317 S. Main Street, Jefferson, Wisconsin.

Ald. Beyer asked if the Streets Committee had made a recommendation about the sidewalk.

City Administrator Schornack indicated that this item was put into the 1999 budget and was recommended by the Finance Committee. Schornack noted that this item was once again placed into the 2000 budget by the Finance Committee.

Mayor Brawders indicated that the Public Hearing would be held on January 18, 1999.

Ald. Oppermann, seconded by Ald. Stevens moved to recommend Preliminary Resolution No. 131. Motion carried on a voice vote.

Ald. Coffman introduced Resolution No. 132.

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin that A.J. Appraisals be hired to perform an appraisal of the Big A property.

Ald. Beyer asked if the City already had an appraisal on the property.

City Administrator Schornack indicated that the City Assessor had put a value on the property.

Mayor Brawders indicated that this is the first step towards condemnation.

Ald. Tennyson asked if the City would have to pay the landowner for the $20,000 in taxes he just paid if we condemned the property.

City Attorney Scheibel stated that the City would not have to reimburse the property owner. Scheibel also stated that approximately $19,000 in back taxes remains to be paid on the property.

Ald. Beyer stated that the Council must support the condemnation of the property since we are the only people granted permission by the DNR to use the land as a parking lot.

Ald. Coffman, seconded by Ald. Stevens moved to recommend Resolution No. 132. Motion carried on a voice vote.

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. Beyer moved to reconvene to open session. The motion carried on a voice vote.

Ald. Wenzel introduced Resolution No. 133.

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin that Lots 1 and 2 of Certified Survey Map No. 3823, approximately .736 acres of land, be sold to David and Karen Olszak for $25,000 with the City paying no realtor commission and providing a deed restriction be placed on Lot 1 stating that no buildings would be placed on Lot 1and to authorize the City Administrator to sign related sale documents.

Ald. Wenzel, seconded by Ald. Stevens moved to recommend Resolution No. 133. Motion carried on a voice vote.

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

These minutes of the December 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.