Jefferson City Council - Minutes - 2000

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

MINUTES
city of jefferson common council
MARCH 21, 2000

The Tuesday, March 21, 2000, 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. Oppermann, Ald. Beyer, Ald. Stevens, Ald. Coffman and Ald. Wenzel. Absent was Ald. Johann and Ald. Tennyson. Also present were City Administrator Schornack, City Attorney Scheibel, Police Chief Besel and City Clerk/Treasurer Parlow.

PUBLIC PARTICIPATION

Denise Breuer, N4962 Highway 89, addressed the Council regarding the Children's Playland. Ms. Bruer requested that the Council consider a firm monetary donation to support the Playland project.

Dan Wilharm, 409 West Linden Drive, addressed the Council regarding the Children's Playland. Mr. Wilharm hoped the Council would financially support the Playland project.

Leigh Ann Sherer, N4814 Highway 89, addressed the Council regarding the Children's Playland. Ms. Sherer asked the Council to support the project.

Laura Sedlar, 416 North Midway, addressed the Council regarding the Children's Playland. Ms. Sedlar asked the Council to support the project.

Joanne Beck, 403 East Linden Drive, addressed the Council regarding the Children's Playland. Ms. Beck asked the Council to support the Playland project.

Noel Wilharm, 409 West Linden Drive, addressed the Council regarding the Children's Playland. Mrs. Wilharm asked the Council to support the Playland project. She also noted that this structure would be well utilized by her family and many others.

Jeff Haas, 713 Fairway Lane, addressed the Council regarding the Children's Playland. Mr. Haas asked the Council to keep an open mind about the project and to consider the long-term impact the addition of this structure would have to the City and its park system. Mr. Haas requested that the Council fund the Playland project.

Wendy Klug, 417 North Elizabeth Avenue #3, addressed the Council regarding the Children's Playland. Ms. Klug indicated that she (and her daughter) were very excited about the new playland. She requested that the Council consider funding the project.

Terry Meidl, N5819 Cty N, addressed the Council regarding the Children's Playland. Mr. Meidl indicated that this project is for the future of the City, for its children. He reminded the Council that the children's parents are City voters and the Council should be responsive to them. He noted that the Committee has logged many, many hours of hard work and has involved over 300+ volunteers. He requested that the Council consider funding the Playland project.

Jim Schroeder, 539 East Reinel, addressed the Council regarding the Children's Playland. Mr. Schroeder indicated that he was in favor of the project and that it would be a positive addition to the City.

Dave Olsen, 305 South Main Street, addressed the Council regarding the Children's Playland. Mr. Olsen, acting as the Director of the Chamber of Commerce, indicated that he and the entire Chamber of Commerce is 100% behind this project. Mr. Olsen noted that he had been canvassing the City businesses and asking for donations. He indicated that he would continue to visit businesses and ask for donations. Mr. Olsen indicated that the impact of this play structure would be significant for the Chamber as well as the City. On a personal note, Mr. Olsen indicated that he commitment put forth (on the Playland project) by the City's children should be matched by its adults.

Dale Breuer, N4962 Highway 89, addressed the Council regarding the Playland project. Mr. Breuer thanked the Council for their support of the Playland project and requested that they also consider making a financial contribution to support the project.

Mayor Brawders then read a letter from the absent Ald. Sue Johann. Ald. Johann indicated her support for the Playland project and requested that the Council provide financial support in the amount of $15,000 for the Committee. Ald. Johann also requested that the Playland be moved to the top of the agenda.

Mayor Brawders then addressed City Staff, Alderpeople and organizations submitting requests to the Council. Mayor Brawders noted that all requests needing to be heard by Council must be received no later than noon on the Tuesday preceding the Council meeting.

Mayor Brawders then honored Ald. Johann's request to modify the order of the Council agenda. Mayor Brawders noted that he would move the Playland Committee's request after Resolution No. 153.

PURCHASE OF A 2000 TON PICKUP TRUCK

Ald. Beyer introduced Resolution No. 151.

CITY OF JEFFERSON

RESOLUTION NO. 151

 

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin that the City Administrator be authorized to purchase a 2000 ton pickup truck from Fagan Truck & Trailer Center of Janesville, WI for the amount of $20,966.68.

Ald. Coffman indicated that this was unanimous at Finance Committee

Ald. Wagner felt that using the mechanic's input was a good move.

Ald. Beyer, seconded by Ald. Stevens moved to recommend Resolution No. 151. On call of the roll, motion carried unanimously.

CONSENT AGENDA

Ald. Wagner introduced Resolution No. 153.

 

CITY OF JEFFERSON
RESOLUTION nO. 153

 

BE IT RESOLVED by the Common Council of the City of Jefferson that the consent agenda for March 21, 2000 is hereby adopted.

The consent agenda for tonight includes:

Operator's Licenses

Special Class B Licenses

Class B Combo License for Fair View Inn

Ald. Wagner, seconded by Ald. Wenzel moved to Recommend Resolution No. 153. On call of the roll, motion carried by a vote of 5 to 0, with Ald. Beyer abstaining from the vote.

REQUEST FROM CHILDREN'S PLAYGROUND COMMITTEE

Ald. Wagner introduced Resolution No. 165.

CITY OF JEFFERSON

RESOLUTION NO. 165

 

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin to .

Ald. Coffman stated that the funding of the project was unanimous at Finance Committee. The Committee had approved $13,000 in funding, contingent upon the remainder of the funds being raised by the Playland Committee. Ald. Coffman indicated that the Finance Committee did not specify where the funds were to come from.

Ald. Coffman also acknowledged the need for additional parking at Riverfront Park, he indicated that the addition of this structure to the park would most likely increase the vehicle traffic, thus creating more of a need for parking.

Ald. Wagner acknowledged that he was in favor of the project and that Playland Committee had worked very hard to get where it is at. However, he noted that the City sets its budget a year in advance and nothing was allocated in the budget for this purpose. Wagner indicated that the Playland Committee had put the cart before the horse by not securing funding before making the project a reality.

Ald. Oppermann indicated that the Playland Committee was looking for a firm commitment from the City, not just a funding pledge. Oppermann indicated that he is confident that the committee will reach its goal.

Ald. Stevens reiterated that the Council had already made a substantial contribution to the Playland Committee by agreeing to maintain the structure on a yearly basis.

Ald. Oppermann stated that he agreed with Ald. Stevens and that the structure would be substantially maintenance intensive (annual sanding & sealing). Oppermann indicated that one community even hired a retired individual for 10 hours a week to maintain their playland. Ald. Oppermann indicated that he would like to see a voluntary committee set up to oversee the annual maintenance of the structure.

Ald. Beyer then pointed to the set of e-mails presented to the Council for informational purposes. Beyer indicated that almost all of the communities indicated that the Playland was a positive community effort. However, some of the respondents noted that they were towards the end of their Playland life span (Approx. 8 years) and were experiencing problems such as structure deterioration, bees and wasp nests, slivers, etc. Beyer asked if building materials other than wood had been considered, like plastic and steel. She asked the Council to look long-term and consider the financial investment that the City would have if the structure only lasted 8 years. Ald. Beyer felt that the wood structure could be a serious liability issue for the City. Beyer also indicated that even in communities where a volunteer group was set up for the ongoing maintenance of the structure, after eight years the volunteer's children have grown and they have moved on to new projects.

Dale Breuer indicated that the Committee had not investigated the cost difference between wood and plastic construction.

Terry Meidl then addressed some of the concerns presented by Ald. Beyer. Mr. Meidl indicated that the products and construction methods used eight years ago vary greatly from current practices. He also indicated that portions of the project, when practical or allowed, would be constructed of a manufactured recycled material that is given the appearance of wood. Mr. Meidel indicated that this product would not splinter or need the routine staining and sanding of a wood plank. Mr. Meidl indicated that the screws that will be used in the project are also from a special manufacturer and will be countersunk to avoid injuries to children.

Ald. Wenzel asked if the Park and Recreation Commission had made a recommendation on the funding of the Playland. Park, Recreation & Forestry Director Keller indicated that the Commission recommended a financial contribution to the Committee, however, they did not specify an amount and requested that Council determine where the funds would come from.

Ald. Wenzel questioned why the Playland Committee had originally told the Council that they would not be asking the City for any money for the project and why now they were requesting $15,000.

Dale Breuer stated that if he could turn back the clock he would. Breuer noted that the original intent of the committee was not to request funds from the City, however, the Playland Committee now felt it important to come back to the Council and request funds.

Ald. Wagner then made an amendment to disburse $15,000 to the Playground Committee on May 1st to come out of the General Fund. Motion died for a lack of a second.

Ald. Coffman clarified that it was the Finance Committee's intent to only disburse the funds if the project was "a go". He then asked the Playland Committee when they would need the funds.

Dale Breuer noted that they would be receiving another bill in a week to 10 days and that they needed to purchase additional lumber. Mr. Breuer indicated that a financial pledge may not help the committee at this point because of the upcoming bills.

Ald. Oppermann indicated that the parking lot at Riverfront Park could be "tweaked" or rerequested in the 2001 budget.

Ald. Wagner then amended to table the resolution until the May 4th meeting. Motion was withdrawn.

Ald. Beyer recommended that the funds be put into the Community Foundation. She encouraged the Committee to move the funds, noting that donations made to the Community Foundation (for the Playland) would then be tax deductible. She also noted that the City (and possibly citizens) may feel more comfortable donating to the Foundation rather than the Playland Committee.

Ald. Stevens, seconded by Ald. Oppermann moved to recommend a donation of $15,000 to the Playland Committee to be taken from the Park Development Fund, $13,700 to come from the Riverfront Overflow Parking Lot Line item and $1,300 to be found elsewhere, contingent upon an account being set up with the Community Foundation and that the money not be disbursed by the Community Foundation to the Playland Committee until it is know that the Playland project will proceed. On call of the roll, motion carried unanimously.

APPROVAL OF AQUATIC CENTER BATHHOUSE FEASIBILITY STUDY AND AUTHORIZATION TO PROCEED WITH FINAL DESIGN

Ald. Oppermann introduced Resolution No. 159.

CITY OF JEFFERSON

RESOLUTION NO. 159

 

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin that the Aquatic Center bathhouse feasibility study is approved and R. Johnson Design Associates is authorized to proceed with final design.

R Johnson Design gave a brief presentation of the bathhouse feasibility study. Mr. Phil Twohig presented the shortcomings of the facility, namely the fact that the facility is largely out of compliance with the American with Disabilities Act. Mr. Twohig then outlined the proposed replacement schedule for the bathhouse. He noted that if the City went "full steam ahead" with the project, the City could potentially have a new bathhouse for the 2001 season. Mr. Twohig estimated that the facility upgrades and reconstruction would cost approximately $465,000.

Ald. Coffman stated that the Finance Committee had accepted the feasibility study, but did not authorize the Park & Recreation Department to proceed with the final design. Coffman noted that funds are not budgeted for the final design. He felt that the entire project could be addressed during the next budget season.

Ald. Oppermann felt that the project was too great to fit into one budget season and that debt of some type would need to be issued. Oppermann asked how much the final engineering would cost.

Park, Recreation & Forestry Director Keller indicated that the construction document phase would run approximately $25,000.

Ald. Oppermann stated that the pictures of the facility tell the story. He encouraged the Council to proceed with the engineering and noted that whenever it comes time to build the facility it would be a tough call financially.

Ald. Wagner stated that he could not support the project, because it would be at the expense of the seniors.

Ald. Oppermann stated that it's not an either/or proposition. Oppermann felt that the projects could be combined for debt purposes, but stressed that it is not an either/or situation.

Ald. Stevens stressed the importance of the Facility Committee. He noted that the establishment of this Committee would help eliminate City facilities from deteriorating to this point before corrective action is taken.

Ald. Coffman noted that the Finance Committee had worked extremely hard on the 2000 Budget and had struggled with proposing an estimated 11% tax increase which was later reduced to 6% at the Committee of the Whole. Coffman noted that we were now paying for some of the reductions we made.

Ald. Oppermann, seconded by Ald. Wenzel moved to recommend Resolution No. 159. On call of the roll, motion carried by a vote of 5 to 1, Ald. Wagner cast the dissenting vote.

AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY

Ald. Beyer introduced Resolution No. 154.

CITY OF JEFFERSON

RESOLUTION NO. 154

 

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin to authorize the City Administrator to sign an agreement with the Union Pacific Railroad Company relating to crossing under the tracks for the construction of a sanitary sewer interceptor main.

Ald. Beyer, seconded by Ald. Wagner moved to recommend Resolution No. 154. On call of the roll, motion carried unanimously.

APPROVAL OF RIVER WALK I SUBDIVISION DEVELOPER'S AGREEMENT

Ald. Coffman introduced Resolution No. 155.

CITY OF JEFFERSON

RESOLUTION NO. 155

 

BE IT RESOLVED by the Common Council of the City of Jefferson that the City Administrator is hereby authorized to sign the developer's agreement with Marc Rhodes upon receiving the performance bond signed by Mr. Rhodes, as drafted by the City Attorney, and an irrevocable letter of credit in a form acceptable to the City Attorney.

Ald. Oppermann asked if the Developer's Agreement was our template or if Mr. Rhodes had authored it.

City Administrator Schornack indicated that it is the City's template. Schornack noted that the only difference in this agreement is the portion dealing with the sewer hookups.

Ald. Coffman noted that Resolution No. 155 was unanimous at Finance Committee.

Ald. Coffman, seconded by Ald. Wenzel moved to recommend Resolution No. 155. On call of the roll, motion carried unanimously.

APPROVAL OF FINAL PLAT FOR RIVER WALK I

Ald. Stevens introduced Resolution No. 156.

CITY OF JEFFERSON

RESOLUTION NO. 156

 

BE IT RESOLVED by the Common Council of the City of Jefferson that the City Clerk is authorized to sign the final plat contingent upon the receiving the park fee and the developer's agreement having been fully executed by both the City and Marc Rhodes.

Ald. Oppermann asked if the plat had an illegal cul-de-sac?

City Engineer Ludwig noted that that eventually the development will have an improved access to Watertown Avenue. However, during construction a haul road will be in place to take the construction traffic so the residents of Lucas Lane will not experience the additional traffic.

Mayor Brawders indicated that the Plan Commission was comfortable with the plat.

Ald. Oppermann asked what type of housing would be developed on these lots.

Ald. Beyer stated that the development would be single family homes.

Ald. Stevens, seconded by Ald. Beyer moved to recommend the approval of Resolution No. 156. On call of the roll, motion carried unanimously.

SANITARY SEWER INTERCEPTOR MAIN

Ald. Coffman introduced Resolution No. 162.

CITY OF JEFFERSON

RESOLUTION NO. 162

 

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin that the City Administrator is authorized to sign a contract with Henshue Construction, Inc. in the amount of $1,347,660.54 for the construction of a sanitary sewer interceptor main.

Gene Laschinger of Town and Country Engineering gave a brief overview of the bids received for the interceptor project. Mr. Laschinger noted that many bids were taken out, but less were returned do to the complexity of the project. Laschinger noted that the bids were about $100,000 higher than originally estimated. However, he noted that the bid included the removal of approximately 8,000 yards of clay and complete street reconstruction. These two costs could be lower than anticipated, in turn saving the Utility money.

Overall, Laschinger noted that the bids received were good. He added that it looked as though the Utility would receive DNR approval for Clean Water Funds. He commented that the water main and storm sewer portions of the project would not be Clean Water Fund eligible.

Ald. Wagner asked how much the School District would be contributing towards the project, since they would benefit greatly from the installation.

City Administrator Schornack indicated that discussions with the School District have indicated that the City would be looking for a contribution from the School somewhere in the neighborhood of what a lift station would have cost the District. Schornack further stated that a final agreement had not yet been reached, but this was the declared funding intent from previous discussions with the School District.

Ald. Beyer asked Mr. Laschinger if he had worked with Henshue Construction.

Mr. Laschinger stated that he had not directly worked with Henshue, however in the jobs in which he did have contact with them, the job was done satisfactorily. Laschinger noted that Henshue had met the criteria requested by the Utility.

Ald. Coffman, seconded by Ald. Stevens moved to recommend Resolution No. 162. On call of the roll, motion carried unanimously.

 

ACKNOWLEDGING REVIEW OF 1999 COMPLIANCE MAINTENANCE ANNUAL REPORT

Ald. Beyer introduced Resolution No. 157.

CITY OF JEFFERSON

RESOLUTION NO. 157

BE IT RESOLVED by the Common Council of the City of Jefferson that the Common Council hereby informs the Department of Natural Resources that said Council has reviewed the Compliance Maintenance Annual Report for calendar year 1999, which is attached hereto as part of this resolution.

Wastewater Treatment Plant Superintendent Kelly gave an overview of the Compliance Maintenance Annual Report. Kelly indicated that the Utility is required to file a CMAR yearly with the DNR. He indicated that this document is used to evaluate the overall health of the Treatment Facility. Kelly then reviewed the contents of the document with the Council.

Ald. Beyer, seconded by Ald. Wagner moved to recommend Resolution No. 157. Motion carried on a voice vote.

change order for north main street parking lot

Ald. Wenzel introduced Resolution No. 158.

CITY OF JEFFERSON

RESOLUTION NO. 158

WHEREAS, the Street Committee has recommended to the Common Council and the Common Council concurs that additional work be done to the North Main Street parking lot consisting of using 200# block instead of 85# blocks, additional pavement removal, using larger fence posts along the west wall, painting the fence black, asphalt paving the entire parking lot and asphalt paving the sidewalk adjacent to the north wall,

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin that a change order for the North Main Street parking lot project be approved in the amount of $12,867.00.

Ald. Wagner stated that he would not support the changes because he no longer felt Forest was the low bidder.

City Engineer Ludwig indicated that all contractors bid on the exact same project. These changes were made in place of and in addition to the original specifications.

Ald. Wenzel, seconded by Ald. Oppermann moved to recommend Resolution No. 158. On call of the roll, motion carried by a vote of 5 to 1, Ald. Wagner cast the dissenting vote.

 

residing the south side and east side of fire station

Ald. Wenzel introduced Resolution No. 160.

CITY OF JEFFERSON

RESOLUTION NO 160

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin that the City Administrator be authorized to sign agreements with Patterson Building & Remodeling to reside the south side of the fire station for an amount not to exceed $3,450.00 and also the east side for an amount not to exceed $7,975.00.

Ald. Wenzel, seconded by Ald. Stevens moved to recommend Resolution No. 160. On call of the roll, motion carried unanimously.

Condemnation proceeding on "big A property"

Ald. Stevens introduced Resolution No. 161.

CITY OF JEFFERSON

RESOLUTION NO. 161

WHEREAS, the Common Council of the City of Jefferson deems it a public necessity to acquire land located at 122 North Main Street, Jefferson, Wisconsin, more particularly described as follows:

Lots 12 and 13 in Block 1 of Sanborn's Addition to the Village (now City) of Jefferson, Jefferson County, Wisconsin.

Within the corporate limits of the City of Jefferson for the purpose of transportation facility, in particular a parking lot; and

WHEREAS, due to increased traffic in the main business district, and due to loss of parking as a result of reconstruction of Main Street/Highway 26, it is determined that additional parking area in the central business district is required at this time;

NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin that the following be adopted as its Relocation Order, pursuant to Section 32.05(1) of the Wisconsin Statutes:

  1. It is deemed necessary that the City acquire the foregoing property, Plat of which is shown on Exhibit A which is attached hereto and incorporated herein for the purposes of public parking in the central business district for the reasons stated; and
  2. The Office of the City Engineer and City Attorney to take whatever steps are necessary to prosecute the land acquisition/condemnation proceedings necessary to effect this acquisition under Section 32/05, Wis. Stats.

City Attorney Scheibel indicated that this relocation order is required by law. Scheibel indicated that he is pursing Mr. Steve Simpson who specializes in condemnation negotiations. Atty. Scheibel indicated that the approximate cost for Mr. Simpson's services would be $750.

Ald. Stevens, seconded by Ald. Beyer moved to recommend Resolution No. 161. On call of the roll, motion carried unanimously.

declaring official intent to reimburse expenditures for clean water fund project

Ald. Coffman introduced Resolution No. 163.

CITY OF JEFFERSON

RESOLUTION NO. 163

RESOLUTION DECLARING OFFICIAL INTENT

TO REIMBURSE EXPENDITURES

FOR CLEAN WATER FUND PROJECT

WHEREAS, the City of Jefferson, Jefferson County, Wisconsin (the "Municipality") owns and operates a sewerage system (the "System") as a public utility; and

WHEREAS, the Municipality plans to construct improvements and extensions to the System, including sanitary sewer interceptor extensions and reconstruction (the "Project"); and

WHEREAS, the Municipality expects to receive a loan (the "Loan") from the State of Wisconsin Clean Water Fund Program (the "Program") to finance the Project and expects to issue tax-exempt bonds (the "Bonds") to the Program in evidence of the Loan; and

WHEREAS, because the Loan will not become available prior to Summer of 2000, the Municipality must provide interim financing to cover costs of the Project incurred prior to receipt of the Loan; and

WHEREAS, it is necessary, desirable, and in the best interests of the Municipality to advance moneys from its funds on hand on an interim basis until the Loan becomes available and the Bonds can be issued.

NOW, THEREFORE, BE IT RESOLVED by the City of Jefferson, Jefferson County, Wisconsin, that:

Section 1. Expenditure of Funds. The Municipality shall make expenditures as needed from its funds on hand to pay the costs of the Project until Bond proceeds become available.

Section 2. Declaration of Official Intent. The Municipality hereby officially declares its intent under 26 CFR Section 1.103-18 to reimburse said expenditures with proceeds of the Bonds, the principal amount of which is not expected to exceed $1,500,000.

Section 3. Unavailability of Long-Term Funds. No funds for payment of the Project from sources other than the Bonds are or are reasonably expected to be, reserved, allocated on a long term basis, or otherwise set aside by the Municipality pursuant to its budget or financial policies.

Section 4. Public Availability of Official Intent Resolution. This Resolution shall be made available for public inspection at the Municipal Clerk's office within 30 days after its approval in compliance with applicable State law governing the availability of records of official acts including subchapter II of Chapter 19, and shall remain available for public inspection until the Bonds are issued.

Section 5. Effective Date. This Resolution shall be effective upon its adoption and approval.

City Administrator Schornack stated that he was comfortable with the $1.5M reimbursement amount. He noted that engineering was not included in the $1.5M dollar figure. Schornack did note that he was concerned about the use of Sewer Utility fund cash reserves for the project. City Administrator Schornack indicated that the Utility would, most likely, not be able to disburse the entire $1.5 out of reserve funds until the Clean Water Fund Money is received.

Ald. Coffman, seconded by Ald. Beyer moved to approve Resolution No. 163. On call of the roll, motion carried unanimously.

CANCELLATION OF APRIL 4TH, 2000 COUNCIL MEETING

Ald. Oppermann introduced Resolution No. 164.

CITY OF JEFFERSON
RESOLUTION nO. 164

BE IT RESOLVED by the Common Council of the City of Jefferson that the regularly scheduled April 4th Common Council meeting is canceled due to the Spring Election.

Ald. Oppermann, seconded by Ald. Beyer moved to recommend Resolution No. 164. Motion carried on a voice vote.

Ald. Wagner, seconded by Ald. Beyer moved to adjourn to closed session pursuant to Section 19.85(1)(e) of the Wisconsin State Statutes to Discuss Conducting Public Business for Conducting Public Business for Competitive and Bargaining Reasons. The motion carried unanimously.

 

Ald. Stevens, seconded by Ald. Beyer moved to reconvene to open session. The motion carried unanimously.

Ald. Wenzel, seconded by Ald. Beyer moved to adjourn the March 21, 2000 meeting of the City of Jefferson Common Council. The motion carried unanimously.

Please Publish: ASAP

need an affidavit

not in the legal section