Jefferson City Council - Minutes - 2000

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MINUTES
city of jefferson common council
JUNE 6, 2000

The Tuesday, June 6, 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 and Ald. Carnes. Absent was Ald. Johann. Also present were City Attorney Scheibel, City Clerk/Treasurer Parlow and City Administrator Schornack.

PUBLIC PARTICIPATION

Dave Pitzner,120 West North Street, addressed the Council regarding the reissuance of the Piggly Wiggly liquor license. Mr. Pitzner felt the City's issuance of the license is illegal and that the Piggly Wiggly is violating the City's Zoning Ordinance. Mr. Pitzner indicated that the City and State have created license quotas and that the City's issuance of a Class B license to the Lorbecki's was a way of getting around them.

Mike Bolger, 625 South Main Street, addressed the Council regarding the reissuance of the Piggly Wiggly liquor license. Mr. Bolger felt that the Class A license had lost its value because of the issuance of a Class B license to the Piggly Wiggly—thus harming the resale value of their business.

Gerald Pasutin, 138 West Garland Street, addressed the Council regarding the reissuance of the Piggly Wiggly liquor license. Mr. Pasutin indicated that the Council had stated that they would not issue another Class A license until the City reached a population of 8,001, therefore he felt the Piggly Wiggly issuance was not right.

Dave Lorbecki, 714 Windsor Terrace, addressed the Council regarding the reissuance of his liquor license. Mr. Lorbecki noted that any bar holding a Combination Class B license can open up a "liquor store", because of an Ordinance in the City of Jefferson Municipal Code allowing for the sale of alcohol for off-premise consumption. Lorbecki also stated that the Zoning Board has also discussed the issuance of his license and they found no zoning violation as Piggly Wiggly is currently using their license.

Ron Pitzner, 120 West North Street, addressed the Council regarding the reissuance of the Piggly Wiggly liquor license. He stated that he believed that the issuance should have been a Class A license instead of a Class B. He stated that he was begging the Council, just as Mr. Lorbecki had done, for them to table the reissuance. Mr. Pitzner felt that the Council needed to reconsider the facts.

Pat Lorbecki, 714 Windsor Terrace, addressed the Council regarding the reissuance of her liquor license. Mrs. Lorbecki indicated that the store had been looking to implement a liquor store for some time as a way to augment their sales. She indicated that they had contacted numerous professionals, as the City had, to ensure that the issuance of the license would be legal. She indicated that all sources concurred that the issuance was legal, however unconventional it may appear. Lorbecki also indicated that the Zoning Board also believed that the license use was not conflicting with the current zoning.

Dave Lorbecki, 714 Windsor Terrace, addressed the Council one more time regarding the issuance. Mr. Lorbecki stated that he did not beg the Council for the liquor license issuance. He indicated that he filed the paperwork required just as the other applicants had done and furthermore had not spoke to the Committee or Council members prior to the issuance of the license.

Dave Olsen, 305 South Main Street, addressed the Council regarding his Quarterly Update. He indicated that recently he had done a walk through of the Schweiger Building with a realtor. He encouraged the Council's participation in a June 21st Economic Development Presentation.

Mayor Brawders then read a letter from Mr. Bob Mau regarding the possibility of a Downtown TIF and a plan to revitalize the downtown. Mr. Mau encouraged the Council to support funding of the feasibility study. He urged the Council to encourage public participation and indicated that he was worried about the district becoming a tax burden to the taxpayers. He also indicated that any type of private/public commingling of funds should be subject to a high degree of scrutiny.

RESOLUTION THANKING CHILDREN'S PLAYLAND COMMITTEE, LEATHERS & ASSOCIATES, LABORERS AND DONORS OF THE CHILDREN'S PLAYLAND

Ald. Wenzel introduced Resolution No. 25.

CITY OF JEFFERSON

RESOLUTION NO. 25

 

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin that the City of Jefferson thanks the Children's Playland Committee, Leathers & Associates, all of the businesses & individuals who donated materials and all of the men, women & children who graciously committed their time and efforts toward building this wonderful addition to our City.

Ald. Wenzel took a moment to recognize the many people who were involved in the Playland Project. He commented on what a huge success the playland had been and the positive outcomes from the project. Wenzel stated that it was great to see the community come together.

Ellen Meidl then spoke on behalf of the Playland Committee. She indicated that the committee appreciated the support received from the Council not only as administrators, but their contributions as individuals. She noted that they had more than 2,000 volunteers and over $90,000 in donations. Meidl indicated that they would be having a "Grand Opening" on July 3.

Ald. Oppermann stated that a real sense of spirit was created by the construction of the Playland. He indicated that the Park and Recreation Department would help work on a plaque that would recognize the volunteer's efforts.

Ald. Beyer offered the Committee congratulations. She indicated that Jefferson is the smallest community to put up a playland of this size.

Ald. Wenzel, seconded by Ald. Oppermann moved to approve Resolution No. 25. The Council showed their unity and appreciation by a round of applause for all of the Playland Volunteers.

PUBLIC HEARING FOR A FINAL RESOLUTION ON PROPOSED SPECIAL ASSESSMENTS OF CURB & GUTTER IMPROVEMENTS ON THE EAST SIDE OF SOUTH FISCHER AVENUE, THE WEST SIDE OF COPELAND AVENUE, AND NORTH DEWEY AVENUE

Mayor Brawders called the public hearing to order.

City Administrator Schornack read the Notice of Public Hearing.

City Engineer Dan Ludwig gave an explanation of the proposed sidewalk project.

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.

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

Ald. Beyer introduced Final Resolution No. 26.

CITY OF JEFFERSON

FINAL RESOLUTION NO. 26

 

Final Resolution authorizing sidewalk improvements and levying special assessments against benefited properties.

WHEREAS, the Common Council of the City of Jefferson, Wisconsin, held a public hearing at City Hall at 7:30 p.m. on the 6th day of June, 2000, for the purpose of hearing all interested persons concerning the preliminary report on the following proposed improvements:

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

NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Jefferson, as follows:

  1. The report pertaining to the above-described public improvement is hereby adopted and approved.
  2. That the City shall carry out the improvements in accordance with the report.
  3. That payment for the improvements shall be made by assessing the costs to the properties benefited as indicated in the report.
  4. That assessments shown in the report representing an exercise of police powers, have been determined on a reasonable basis and are hereby confirmed.
  5. That any interested property owner may object to each assessment separately or all assessments jointly for any purpose.
  6. That the assessments shall be paid in full within 30 days of invoicing (or in 4 annual installments) when arrangements have been made in advance with the City Clerk. The minimum principle payments which shall be allowed under the installment plan shall be $100 per year. Deferred payment shall bear interest at a rate of 9% per annum on the unpaid balance. Assessments not paid when due shall bear additional interest on the amount due at a rate of 12% per annum.

That the City Clerk shall publish this resolution as a Class One Notice and shall mail a copy of this resolution and a statement of final assessment against the benefited property to every property owner who's name appears on the assessment roll and whose post office address is known or can with reasonable diligence be ascertained.

Ald. Beyer, seconded by Ald. Stevens moved to recommend Resolution No. 26. On call of the roll motion carried unanimously.

ORDINANCE PROHIBITING THE USE OF JAKE BRAKES

Ald. Carnes introduced Ordinance #4-00 for its first reading.

CITY OF JEFFERSON

ORDINANCE #4-00

 

An ordinance creating Section 7.15 and amending Section 25.04(3) of the Municipal Code of the City of Jefferson relating to the Traffic Code.

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

Section 1. The following section 7.15 is hereby created:

    1. Definition. A Dynamic Braking Device (commonly referred to as jake brakes, jacobs brake, engine brake, or compression brake) means a device primarily on trucks for the conversion of the engine from an internal combustion engine to an air compressor for the purpose of braking without the use of wheel brakes.
    2. Use Prohibited. It is unlawful for any person to operate any motor vehicle with a Dynamic Braking Device engaged, except for the aversion of imminent danger within the City limits.

Section 2. Section 25.04(3) is amended to add the following penalty:

7.15……………….Dynamic Braking Devices Prohibited………………$50 & (b)

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

The Mayor stated that if the Council wished they could waive the second reading of this ordinance and act upon it this evening.

Ald. Wagner, seconded by Ald. Carnes moved to waive the second reading of Ordinance #4-00. On call of the roll, motion carried unanimously.

Ald. Carnes, seconded by Ald. Wagner moved to approve Ordinance #4-00. On call of the roll, motion carried unanimously.

Ald. Coffman asked if signs would be located on Highway N. City Administrator Schornack stated that they are currently on Highway 18 and Highway 26, but they could be added to Highway N.

ORDINANCE CHANGING THE DEFINITION OF A RESTAURANT AND THE APPROVED USES OF A BHN DISTRICT

Ald. Stevens introduced Ordinance #5-00 for its first reading.

CITY OF JEFFERSON

ORDINANCE #5-00

 

An ordinance amending Section 17.03(75) and Section 17.04(4)(a)1. Of the Municipal Code of the City of Jefferson relating to the definition of a restaurant and the approved uses of a BHN District.

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

Section 1. Section 17.03(75) is hereby amended to read:

(75) RESTAURANT. A space within a suitable building provided with adequate and sanitary kitchen equipment and a dining room of related capacity, having employees for preparing, cooking and serving suitable food, for sale to the general public.

Section 2. Section 17.04(4)(a)1. Is hereby amended to read:

    1. Approved Uses. (Am. #5-00) Barber shops, beauty parlors, clinics, drug stores, food stores, insurance, agencies, professional and business offices, restaurants, gift stores, confectioneries, liquor stores, and taverns.

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

This was a first reading.

CONSENT AGENDA

Ald. Wagner introduced Resolution No. 27.

 

CITY OF JEFFERSON
RESOLUTION nO. 27

 

BE IT RESOLVED by the Common Council of the City of Jefferson that the consent agenda for June 6, 2000 is hereby adopted.

The consent agenda for tonight includes:

Operator's Licenses

Renewal Liquor Licenses

Renewal Operator Licenses

Ald. Wagner indicated that approval of the licenses was unanimous at Regulatory Committee.

Ald. Wagner, seconded by Ald. Beyer moved to recommend Resolution No. 27. On call of the roll, motion carried unanimously.

URBAN FORESTRY CONSULTANT

Ald. Oppermann introduced Resolution No. 28.

CITY OF JEFFERSON

RESOLUTION NO. 28

BE IT RESOLVED by the Common Council of the City of Jefferson that the City Administrator is hereby authorized to contract with Bluestem Forestry Consulting, Inc of Iron River, WI to perform an urban forestry inventory, management plan and provide a computerized software program along with the training and support necessary at a not to exceed price of $11,700.

Ald. Beyer indicated that this was unanimous at Finance Committee. Beyer also indicated that Park, Recreation & Forestry Director Keller had "investigated" Bluestem and received good reports. Beyer noted that this was a budgeted expenditure and that the City would receive 50% of this expenditure back from the Department of Natural Resources.

Ald. Oppermann, seconded by Ald. Beyer moved to recommend Resolution No. 28. On call of the roll motion carried unanimously.

AUTHORIZATION TO APPLY FOR CLEAN WATER FUNDS

Ald. Carnes introduced Resolution No. 29.

CITY OF JEFFERSON

RESOLUTION NO. 29

 

AUTHORIZED REPRESENTATIVE TO FILE APPLICATIONS FOR

FINANCIAL ASSISTANCE FROM

STATE OF WISCONSIN CLEAN WATER FUND PROGRAM

 

WHEREAS, it is the desire of the City of Jefferson, Wisconsin, a municipal corporation, to file two applications for state financial assistance, in the form of low interest rate revenue bonds, for its wastewater treatment and transport facilities under the Wisconsin Clean Water Fund Program (NR 162); and

WHEREAS, it is necessary to designate a representative for filing said applications;

BE IT THEREFORE RESOLVED by the Common Council of the City of Jefferson that David Schornack, City Administrator, is hereby appointed as the authorized representative for the City of Jefferson Wastewater Treatment Facility for the purpose of filing these applications, and that the representative is further authorized and empowered to do all necessary things and take all necessary steps in connection with said applications.

Ald. Beyer indicated that this was unanimous at Finance Committee.

Ald. Carnes, seconded by Ald. Beyer moved to recommend Resolution No. 29. On call of the roll, motion carried unanimously.

AGREEMENT FOR FLOOR PLAN AND SCOPE OF WORK FOR REMODELING PRESENT JEFFERSON SENIOR CENTER AND PRESENT JEFFERSON POLICE DEPARTMENT

Ald. Wagner introduced Resolution No. 30.

CITY OF JEFFERSON

RESOLUTION NO. 30

 

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin that the City Administrator is authorized to sign an agreement with Helmut Ajango Architect to design a floor plan and scope of work for the remodeling of the present Jefferson Senior Center and the present Jefferson Police Department at a cost not to exceed $950.00.

BE IT FURTHER RESOLVED that no advanced payments will be made and the funding for the work will come from the Senior Center Fund.

Ald. Beyer indicated that this was unanimous at Finance Committee.

Ald. Wagner indicated that the Senior Facility Committee had requested that he find an architect who would be able to provide a cost estimate for a possible senior center in the lower level of City Hall. He indicated that he had contacted Mr. Ajango out of Fort Atkinson for the service.

Ald. Wagner, seconded by Ald. Wenzel moved to recommend Resolution No. 30. On call of the roll, motion carried unanimously.

AUTHORIZATION TO PURCHASE A 16 CHANNEL RADIO FOR THE FIRE DEPARTMENT

Ald. Beyer introduced Resolution No. 31.

CITY OF JEFFERSON

RESOLUTION NO. 31

BE IT RESOLVED by the Common Council of the City of Jefferson that the Fire Department is hereby authorized to purchase a HT1000 16 Channel Radio with accessories from Tri-County Radio in an amount not to exceed $1,200.

Ald. Beyer indicated that this was unanimous at Finance Committee.

Ald. Oppermann asked how the radios were damaged. City Administrator Schornack indicated that the leak was so severe that it ran down several walls causing the damage.

Ald. Beyer suggested covering the radios to prevent any future damage.

Ald. Beyer, seconded by Ald. Stevens moved to recommend Resolution No. 31. On call of the roll, motion carried unanimously.

CHANGE ORDER NO. 3 TO MAGILL CONSTRUCTION AGREEMENT

Ald. Stevens introduced Resolution No. 32.

CITY OF JEFFERSON

RESOLUTION NO. 32

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin that the City Administrator is authorized to sign Change Order No. 3 to the Magill Construction Company agreement for a net deduction of $78,854.65.

City Administrator Schornack indicated that the money we are saving is a direct result of savings associated with the use of owner purchase orders, but noted that the savings was the sales tax that the City did not have to pay on items purchased by owner purchase orders.

Ald. Stevens, seconded by Ald. Wenzel moved to recommend Resolution No. 32. On call of the roll, motion carried unanimously.

Ald. Wagner, seconded by Ald. Oppermann moved to adjourn to closed session pursuant to Section 19.85(1)(c), 19.85(1)(e), and 19.85(1)(g) of the Wisconsin State Statutes to Discuss Employment, Negotiation of the Acquisition of Public Property and Litigation. The motion carried unanimously.

Ald. Wenzel, seconded by Ald. Carnes moved to reconvene to open session. The motion carried unanimously.

 

RESOLUTION AUTHORIZING A DEVELOPMENT AGREEMENT WITH SCHOOL HOUSE APARTMENTS-JEFFERSON, LLC AND PROVIDING FOR THE ISSUANCE OF A TAX INCREMENT PROJECT REVENUE BOND

Ald. Coffman introduced Resolution No. 33.

CITY OF JEFFERSON

RESOLUTION NO. 33

(Due to its length, In lieu of inclusion of the complete text of Resolution No. 33 a copy is on file at the office of the City Clerk & is available for public inspection. )

Dave Wagner of Ehlers and Associates indicated that this is the final document which relates to the TIF#4. Wagner indicated that the "Bond Payments" to Stonehouse would never exceed 90% of the increment therefore the TIF is at no risk to the City. Mr. Wagner noted that the document before the Council this evening has been extensively reviewed. He stated that the district is scheduled to close out three years sooner than the state statutes require. Wagner indicated that after 2020 the City would have no financial liability.

Ald. Wagner asked Ms. Helen Bradbury of Stonehouse Development LLC if the north end of the building would be parking and the proposed income level of the occupants.

Ms. Helen Bradbury of Stonehouse Development LLC indicated that the north end of the building would be parking and that the income level would be moderate income with some mixed.

Ald. Coffman, seconded by Ald. Beyer moved to recommend Resolution No. 33. On call of the roll, motion carried unanimously.

PROPOSAL FOR CREATING A DOWNTOWN TAX INCREMENTAL FINANCING DISTRICT

Ald. Beyer introduced Resolution No. 34.

CITY OF JEFFERSON

RESOLUTION NO. 34

 

BE IT RESOLVED by the Common Council of the City of Jefferson, Wisconsin that the City Administrator is authorized to sign a proposal with Ehlers & Associates to create a downtown tax incremental financing district.

Ald. Beyer indicated that this was unanimous at Finance Committee.

Dave Wagner of Ehlers and Associates stated that once the agreement is signed, no work beyond the feasibility study will be conducted without prior Council approval. He indicated that the approximate cost of the study would be $2,500.

City Administrator Schornack indicated that we would need to consider a transfer from the General Fund Fund Balance for the payment of Ehler's fees.

Ald. Wagner indicated that he is in favor of the project, but he would need the area defined before he makes a decision.

Ald. Beyer, seconded by Ald. Carnes moved to recommend Resolution No. 34. On call of the roll, motion carried unanimously

HIRE OF STREET CREWPERSON

Ald. Coffman introduced Resolution No. 35.

CITY OF JEFFERSON
RESOLUTION nO. 35

BE IT RESOLVED by the Common Council of the City of Jefferson that the City Administrator is hereby authorized to hire Jeffery Schopen to the position of Street Crewperson at a starting rate of $11.8357.

Ald. Coffman, seconded by Ald. Wagner moved to recommend Resolution No. 35. Motion carried on a voice vote.

HIRE OF A COOP STUDENT

Ald. Johann introduced Resolution No. 36.

CITY OF JEFFERSON
RESOLUTION nO. 36

BE IT RESOLVED by the Common Council of the City of Jefferson that the City Administrator is hereby authorized to hire Lisa Schulz for the position of Coop Student at a starting rate of $7.00.

Ald. Beyer, seconded by Ald. Stevens moved to recommend Resolution No. 36. Motion carried on a voice vote.

DOSKOCIL FOODS EXCEEDANCE AGREEMENT

Ald. Wenzel introduced Resolution No. 37.

 

CITY OF JEFFERSON

RESOLUTION NO. 37

 

BE IT RESOLVED, by the Common Council of the City of Jefferson, Wisconsin that the Wastewater Treatment Exceedance Agreement with Doskocil Foods is approved with a violation amount of $23,691.00.

City Administrator Schornack indicated that only minor language details had been changed and that staff did not find any problems with the agreement.

Ald. Beyer stated that she was happy we could come to an agreement.

Ald. Wenzel, seconded by Ald. Beyer moved to recommend Resolution No. 37. On call of the roll, motion carried unanimously.

Ald. Carnes, seconded by Ald. Beyer moved to adjourn the June 6, 2000 meeting of the City of Jefferson Common Council. The motion carried unanimously.