Jefferson City Council - Minutes - 2000

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MINUTES
city of jefferson common council
mAY 2, 2000

The Tuesday, May 2, 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, Ald. Johann and Ald. Carnes. Also present were City Attorney Scheibel, Police Chief Besel and City Clerk/Treasurer Parlow.

PUBLIC PARTICIPATION

Nancy Haberman, 536 East North Street, addressed the Council regarding the "Friends of the Senior Center" car show success. Ms. Haberman indicated that the group had raised $1,455 on Saturday and $1,280 on Sunday for a total car show parking profits of $2,735. Haberman noted that the Catholic Knight's gave matching funds of $1,000 raising the weekend profits to $3,735.

Tim Bare, 217 Meadow Court, addressed the Council regarding the extraterritorial resolution. Mr. Bare asked the Mayor to be able to participate during the meeting when this resolution was discussed.

Dan Calloway, 1330 Hillside Drive, addressed the Council regarding the proposed sidewalk along Hillside Drive. Mr. Calloway was concerned with the number of feet the sidewalk was going to be placed from the street. He questioned if the sidewalk could be moved to accommodate the homeowners along both sides of the street. Mr. Calloway was concerned that he may be unable to legally park his truck and/or trailer in his driveway. He noted that many of his neighbors have the same concerns, but have resigned themselves that the project is already a done deal. Mayor Brawders indicated that the public hearing for the sidewalk project is scheduled for May 16th.

Dave Olsen, 315 South Main Street, addressed the council regarding the proposed contract with McLeod. Mr. Olsen, speaking on behalf of the Chamber of Commerce, stated that McLeod is a Chamber member and that the Chamber had recently changed its phone service to McLeod. Olsen indicated that the switching of phone service is a win-win situation for the Chamber and the City.

mayoral proclamation

Mayor Brawders read a proclamation celebrating National Nurses Week.

preliminary resolution to authorize special assessments for curb and gutter along south fischer, copeland and north dewey avenues

Ald. Beyer introduced Preliminary Resolution No. 5.

CITY OF JEFFERSON

PRELIMINARY RESOLUTION NO. 5

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:
  2. 450 ft of Curb & Gutter along the East side of South Fischer Avenue

    330 ft of Curb & Gutter along the West side of Copeland Avenue

    75 ft of Curb & Gutter along North Dewey Avenue

  3. 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.
  4. The Assessments against any parcel may be paid in full or in 4 annual installments when arrangements have been made with the City Administrator.
  5. 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.
  6. 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 June 6, 2000, at 7:30 p.m. in the City Council Chambers, 317 S. Main Street, Jefferson, Wisconsin.

Ald. Beyer, seconded by Ald. Stevens moved to recommend Preliminary Resolution No. 5. On call of the roll, motion carried unanimously.

CONSENT AGENDA

Ald. Wagner introduced Resolution No. 6.

 

CITY OF JEFFERSON
RESOLUTION nO. 6

 

BE IT RESOLVED by the Common Council of the City of Jefferson that the consent agenda for May 2, 2000 is hereby adopted.

The consent agenda for tonight includes:

Operator's Licenses

Special Class B Licenses

Ald. Wagner, seconded by Ald. Johann moved to recommend Resolution No. 6, less the April 18 Regular and Closed Session Minutes. On call of the roll, motion carried unanimously.

Ald. Wagner, seconded by Ald. Johann moved to recommend the approval of the April 18 Regular and Closed Session Minutes. On call of the roll, motion carried on a vote of 7 to 0, with Ald. Carnes abstaining.

Ald. Beyer indicated concern over the "openess" of Closed Session discussions. Beyer felt that greater confidentiality is needed by all when questioned about closed session items.

SEWER RATE ORDINANCE

Ald. Stevens introduced Ordinance #2-00 for its second reading.

CITY OF JEFFERSON

ORDINANCE # 2-00

 

An ordinance amending Section 13.24 of the Municipal Code of the City of Jefferson relating to sewer charges.

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

Section 1. Section 13.24 (2) (b) is hereby amended to read:

13.24 (2) (b) "Fixed" service charges are as follows:

 

Meter Size Monthly Charges

5/8" $ 9.00

" 14.00

1" 23.00

1 &1/2" 45.00

2" 72.00

3" 150.00

4" 226.00

6" 451.00

6" contract 181.02

Section 2. Section 13.24 (3) b is hereby amended to read:

13.24 (3) (b) Normal Domestic Sewage. Volume charge (metered user); $1.34 per 1,000 gallons or $0.999 per 100 cubic feet.

Section 3. Section 13.24 (3) (c) 1, (3) (c) 2, and (3)(c) 3 are hereby amended to read:

13.24 (3) (c) Sewage of Greater Than Normal Strength. 1. Charges to users discharging wastewater of greater than normal strength will be assessed a surcharge based on the amount by which the wastewater exceeds the normal strength of wastewater, which is 275 mg/ 1 BOD5. 320 mg/1 SS and 23 mg/1 NH3-N. The following rates will be used.

Parameter Cost

BOD5 .181 per lb.

SS .096 per lb.

NH3 .781 per lb.

  1. Charges to users discharging wastewater of greater than normal strength shall be computed in accordance with the formula presented below:
  2. C = $1.34 X V + .00834 X V X [($0.181 X B) + ($.096 X S) + ($0.781 X NH3N)]

  3. Where:

C = Charge to sewer user for operation, maintenance and replacement costs for

treatment works.

V = Wastewater volume in 1,000 gallons.

B = Concentration of BOD from a user above the normal strength of 275 mg/l

S = Concentration of suspended solids from a user above the normal strength of

320 mg/l

NH3-N = Concentration of ammonia nitrogen from a user above the normal

strength of 23 mg/l

$1.34 = Charge for that portion of the waste equal to normal strength wastewater.

Includes cost for treating 275 mg/l

BOD5, 320 mg/l SS and 23 mg/l NH3-N.

.00834 = Conversion factor (mg/l to lb.)

Section 4. Section 13.24 (3)(d) is hereby amended to read:

 

13.24 (3) (d) Holding Tank and Septage Wastes Charges to licensed dischargers shall be computed on the following basis.

    1. Holding Tank Discharges shall include the following:
    1. Total Strength Charge $ 3.64
    2. Dumping Charge $ 5.00
    3. 25% Surcharge $ 2.16
    4. Total Charge per Thousand Gallons $10.80
    1. Septage Waste Discharges shall include the following:
    1. Total Strength Charge $15.47
    2. Dumping Charge $ 7.50
    3. 25% Surcharge $ 5.74
    4. Total Charge per Thousand Gallons $28.71

Section 5. This ordinance shall take effect after passage and publication as required by law.

 

Ald. Stevens, seconded by Ald. Johann moved to recommend Proposed Ordinance #2-00 for discussion.

Ald. Johann indicated that Finance Committee had no recommendation on the ordinance. The Committee indicated concern over the impact that the Ordinance would have on Doskocil.

Dev Travor of Doskocil Foods indicated that the general increase for the average resident was approximately 26%. Mr. Travor indicated that the increase for Doskocil would be somewhere in the neighborhood of 70-71%, an anticipated increase of $100,000 per year. Mr. Travor indicated that need for the industry to "pay its fair share", however he asked if possibly the Council could enact an incremental increase.

Wastewater Treatment Plant Superintendent Mike Kelly indicated that the City is interested in working with Doskocil. However, Virchow Krause had based the proposed rates on current operation and maintenance costs and the interceptor project. Kelly indicated that an incremental increase would be OK, but the deficit would need to be made up somewhere along the line.

Ald. Johann indicated concern for the impact on Doskocil. She asked if the rates went back to Virchow Krause for reconsideration.

WWTP Superintendent Kelly stated that Virchow Krause had been spoke to regarding the rates, however, they had not been asked to change them.

Ald. Beyer asked if we could implement a graduated increase.

WWTP Superintendent Kelly indicated that the plant is anticipating another increase, but on a much smaller scale. He indicated that even if an incremental increase was put in place the City Council could still anticipate an additional increase.

Mr. Dev Travor indicated that a gradual approach would be much easier for Doskocil to implement.

Ald. Wagner asked staff to "retool" the Ordinance.


Ald. Johann asked staff to look into a possible quarterly increase.

Ald. Wagner, seconded by Ald. Beyer moved to table Proposed Ordinance #2-00. Motion carried on a voice vote.

AN ORDINANCE AMENDING SECTION 1.03(1) AND (2) OF THE MUNICIPAL CODE OF THE CITY OF JEFFERSON RELATING TO APPOINTED POSITIONS

Ald. Wenzel introduced Ordinance #3-00.

CITY OF JEFFERSON

ORDINANCE # 3-00

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

Section 1. Section 1.03(1) is hereby amended to read:

1.03 APPOINTED OFFICIALS (Am. #3-00) (1) APPOINTMENT AND TERM.

The following officials shall be appointed in the manner and for the term indicated:

OFFICIAL HOW APPOINTED TERM

Administrator See Sub. (3)(b) Indefinite

Clerk-Treasurer See Sub. (4) Indefinite

Assessor City Council (Ch. Ord. 17-84) 2 Years

Attorney City Council 1 Year

Building Inspector Mayor, subject to confirmation by Council 1 Year

Director of Public Works/

Engineer See Sub. (2) Indefinite

Emergency Government Mayor, subject to confirmation by Council 1 Year

Forester Mayor, subject to confirmation by Council 1 Year

Plumbing Inspector Mayor, subject to confirmation by Council 1 Year

Recreation Director Mayor, subject to confirmation by Council 1 Year

Sewage Treatment Plant Mayor, subject to confirmation by Council 1 Year

Operator

Street Foreman Mayor, subject to confirmation by Council 1 Year

Superintendent of Utilities Utilities Commission Indefinite

Weed Commissioner Mayor, subject to confirmation by Council 1 Year

Section 2. Section 1.03(2) is hereby amended to read:

(2) DIRECTOR OF PUBLIC WORKS/ENGINEER. (a) The Director of Public Works/Engineer shall have supervision and control over all employees assigned to the City Street Department and Public Works Department.

(b) The Director of Public Works/Engineer shall have charge of and supervision

over all public property of the City, including all streets, parks, parkways, side-

walks, municipal buildings, garages, storage buildings and all other property of

the City not specifically assigned to some other officer.

(c) The Director of Public Works/Engineer shall have charge of and be respon- sible for the care, maintenance and operation of the streets and sidewalks and

drainage thereof. All construction, repair or extension of any pavement,

building and all other construction, repair or maintenance work conducted by

the City shall be done by or under the supervision of the Director of Public

Works/Engineer unless specific direction to the contrary is made by the City Council.

(d) The Director of Public Works/Engineer shall also have charge of and be

responsible for the condition of all motor vehicles, trucks, and other equipment

of the City except vehicles operated by the Police and Fire Departments, and

shall be responsible for all buildings or places in which such equipment is

housed or kept.

(e) Appointment and Term. The Director of Public Works/Engineer shall

be appointed by 2/3 vote of the Common Council from a list of not less than

three nor more than five candidates, such list to be presented to the Common

Council by the Personnel Committee, after coordination with the Mayor. The

Director of Public Works/Engineer shall hold office for an indefinite term, sub-

ject to removal for cause by a 3/4 vote of all the members of the Common

Council, pursuant to Section 17.12(1)(d), WI Stats. The appointment may

be terminated by the Director of Public Works/Engineer upon ninety (90)

days written notice to the Mayor and Common Council prior to such termi-

nation.

Section 3. This ordinance shall take effect after passage and publication as required by law.

Ald. Johann indicated that Personnel Committee had voted 2 to 1 in favor of Proposed Ordinance #3-00. Ald. Johann indicated that the committee had vote in favor of the ordinance for the following reasons: continuity of position, public relations (relationship with industries, etc.) and recruitment purposes. Johann indicated that the dissenting vote at committee level had felt that other staffing would also want their terms to become indefinite.

Ald. Wagner indicated that he was the dissenting vote at Committee level. Wagner stated that the other employees would also then want an indefinite term. Wagner indicated that he simply didn't like lifetime employees.

Ald. Wenzel, seconded by Ald. Stevens moved to recommend Ordinance #3-00. Motion carried by a vote of 7 to 1, Ald. Wagner cast the dissenting vote.

FRONT END LOADER

Ald. Johann introduced Resolution No. 7.

CITY OF JEFFERSON

RESOLUTION NO. 7

 

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin that the City Administrator is authorized to purchase a Four Wheel Drive Rubber Tired Front End Loader with 80 amp Charging System with Snow Plow, Wing and Forks from Brooks Tractor, Inc. of Sun Praire, WI in the amount of $94,593.00.

Ald. Beyer indicated that the purchase was unanimous at Finance Committee. Beyer noted that $100,000 had been budgeted and that the City was receiving an outstanding trade in on the old front end loader.

Public Works Superintendent Haffelder indicated that the City had purchased its previous piece of equipment in 1986 for approximately $41,000. Now, fourteen years later we were receiving a $28,000 trade in. He thanked the Council for their foresight in building a facility large enough to keep this type of equipment under cover.

Ald. Johann, seconded by Ald. Beyer moved to recommend Resolution No. 7. On call of the roll, motion carried unanimously.

DELAYING THE RECONSTRUCTION OF WATERTOWN ROAD UNTIL 2001

Ald. Oppermann introduced Resolution No. 8.

CITY OF JEFFERSON

RESOLUTION NO. 8

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin that the reconstruction of North Watertown Road be delayed until 2001 and the funds budgeted in the 2000 Budget for the reconstruction of Watertown Road be used for the reconstruction of West Linden Drive and a portion of Wisconsin Drive.

Ald. Beyer indicated that Watertown Road must be done soon. She added that she would support the resolution, but could not support any further delays of the project.

Ald. Coffman then gave a brief overview of the urgency to redirect funding for the reconstruction of Wisconsin Drive and Linden Drive. These two projects can also be found in the five-year reconstruction plan.

Ald. Wagner indicated that Watertown Road should be reconstructed no later than in the 2001 budget.

Ald. Oppermann, seconded by Ald. Wenzel moved to recommend Resolution No. 8. On call of the roll, motion carried unanimously.

telecommunications service

Ald. Coffman introduced Resolution No. 9.

CITY OF JEFFERSON

RESOLUTION NO. 9

Be it resolved by the Common Council of the City of Jefferson that the City Administrator is hereby authorized to sign a sixty month contract with McLeod USA for long distance and local telecommunications services.

BE IT FURTHER RESOLVED that McLeod USA will "buy" the City out of any existing telecommunication contracts and provide the City with three months of free long distance phone service.

Ald. Johann indicated that the contract would be beneficial to staff because it would combine local and long distance services. Johann also indicated that the City would save about $20,000 over the next five years.

Ald. Coffman asked about rate increases over the upcoming years.

Clerk/Treasurer Parlow indicated that the rates were fairly "fixed" over the upcoming years and that they would match any lower rate over the period of the contract.

Ald. Coffman, seconded by Ald. Beyer moved to recommend Resolution No. 9. On call of the roll, motion carried unanimously.

Resolution No. 10 was tabled until the May 16th meeting.

RECOMMENDATION OF LAND DIVISION IN THE EXTRATERRITORIAL AREA FOR THE CITY OF JEFFERSON

Ald. Stevens introduced Resolution No. 11.

 

CITY OF JEFFERSON

RESOLUTION NO. 11

 

WHEREAS, on April 18, 2000 the City of Jefferson officially supported the STH 26 by-pass, and

WHEREAS, the City of Jefferson officially did not support the downtown by-pass route, and

WHEREAS, the Town of Aztalan officially voted against any STH 26 by-pass,

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin that the Mayor and City Administrator is hereby authorized to discuss the future needs of the Town of Aztalan and the future needs of the City of Jefferson with respect to the requested subdivision in the extraterritorial area of the City of Jefferson and the needed by-bass in the Town of Aztalan.

 

 

 

Tim Bare asked how the Council could hold a land owner hostage over a political issue.

City Engineer Ludwig indicated that this development could have a potential impact upon where the Highway 26 bypass run. Ludwig indicated that Aztalan has gone on record as not recommending a bypass, a direct conflict with the City's intentions. Ludwig stated that the Township was rejecting a bypass because of the destruction of prime farmland. Yet the Township has endorsed several developments which are developing "prime farmland".

Tim Bare indicated that the property owner is not effected by the proposed bypass.

City Engineer Ludwig indicated that the DOT is looking to the City for a corridor to put the bypass in. Therefore, at this time we do not know if the owner would be effected by the bypass.

Ald. Oppermann questioned why we would be opposing the division? For political reasons only? Oppermann indicated that the proposed subdivision is a natural extension of the existing subdivision and felt that the involvement with the bypass was minimal if at all.

Ald. Wenzel agreed with Ald. Oppermann's comments. Wenzel indicated that we have no idea how long negotiations could go on with the Township of Aztalan and how long this would hold up the development.

Ald. Beyer indicated that she is worried about these "cluster" developments. She questioned how many the Council were going to approve. She asked why this item was not taken to Plan Commission first and why the Council was not following its own 20 acre parcel requirement.

Ald. Wenzel indicated that Riverview Heights North, a 35-year-old development, with a closer proximity to the City is still largely not on City sewer and water.

Ald. Beyer commented that a few homes already are on City sewer and that others have expressed an interest in hooking up to City utilities.

Ald. Johann suggested amending the resolution to keep the issues separate.

Ald. Johann, seconded by Ald. Oppermann moved to remove all references to the proposed Highway 26 bypass and waive the city's extraterritorial rights.

Ald. Beyer indicated that this should have been sent to the Plan Commission.

Mayor Brawders indicated that he had received the request and he had placed it on the agenda.

Ald. Wagner agreed with Ald. Beyer, we need to live by the City ordinances or we need to change them.

Ald. Johann, seconded by Ald. Stevens moved to recommend that this subdivision be sent to Plan Commission for their approval. On call of the roll, motion carried by a vote of 7 to 1, Ald. Wenzel cast the dissenting vote.

RESOLUTION THANKING MR. JACK HEBBE FOR HIS SERVICE TO THE CITY OF JEFFERSON

Ald. Wagner introduced Resolution No. 12.

CITY OF JEFFERSON

RESOLUTION NO. 12

 

BE IT RESOLVED that the Common Council of the City of Jefferson does hereby thank Mr. Jack M. Hebbe for his thirteen years of dedicated service on the Jefferson Housing Authority, the last ten years as Chairperson.

Ald. Wagner, seconded by Ald. Beyer moved to recommend Resolution No. 12. Motion carried on a voice vote.

CHANGE ORDER DIRECTIVE FOR THE SANITARY INTERCEPTOR PROJECT

Ald. Coffman introduced Resolution No. 13.

CITY OF JEFFERSON

RESOLUTION NO. 13

 

BE IT RESOLVED, by the Common Council of the City of Jefferson that the City Administrator is hereby authorized to sign a change order with Henshue Construction in an amount not to exceed $7,750 for the sanitary sewer interceptor project.

After a brief discussion, Ald. Stevens, seconded by Ald. Johann moved to amend Resolution No. 13 to Mayor in place of City Administrator. Motion carried on a voice vote.

Ald. Coffman, seconded by Ald. Beyer moved to recommend Amended Resolution No. 13. On call of the roll, motion carried unanimously.

Ald. Wagner, seconded by Ald. Wenzel moved to adjourn to closed session pursuant to Section 19.85(1)(e) of the Wisconsin State Statutes to the Sale of Public Property. The motion carried unanimously.

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

Ald. Beyer, seconded by Ald. Stevens moved to adjourn the May 2, 2000 meeting of the City of Jefferson Common Council. The motion carried unanimously.