City Council Minutes March 06, 2007
CITY COUNCIL MINUTES
FORT ATKINSON, WISCONSIN
March 6, 2007
1. CALL MEETING TO ORDER
A regular meeting of the City Council was called to order by President Simdon at 7:00 p.m. in the Council Chambers of the Municipal Building.
2. ROLL CALL
On call of the roll, members present were:
LaVerne Behrens
John Mielke
Jim Simdon
Steve Tesmer
Mark Zastrow
Also present were the City Manager, City Engineer, City Attorney and City Clerk/Treasurer.
3. APPROVAL OF MINUTES OF FEBRUARY 20, 2007 REGULAR COUNCIL MEETING
Cm. Mielke, seconded by Cm. Tesmer, moved to approve the minutes of the February 20, 2007 regular Council meeting. The motion carried on a voice vote.
4. PUBLIC HEARINGS
None
5. PETITIONS, REQUESTS AND COMMUNICATIONS
a. REQUEST BY BUCKSKINNERS RENDEZVOUS COMMITTEE TO HOLD ANNUAL EVENT AT ROCK RIVER PARK FROM MAY 25-27, 2007.
Cm. Zastrow, seconded by Cwmn. Behrens, moved to approve the request by the Buckskinners Rendezvous Committee to hold its annual event at Rock River Park from May 25-27, 2007. The motion carried on a voice vote.
b. REQUEST BY BUCKSKINNERS RENDEZVOUS COMMITTEE TO WAIVE GUN DISCHARGE ORDINANCE FOR ANNUAL EVENT AT ROCK RIVER PARK ON MAY 26-27, 2007.
Cwmn. Behrens, seconded by Cm. Tesmer, moved to approve the request by the Buckskinners Rendezvous Committee to waive the gun discharge ordinance for its annual event at Rock River Park on May 26-27, 2007. The motion carried on a voice vote.
Joel Winn, Chairman of the Buckskinners Rendezvous Committee thanked the Council for its continued support of this event.
6. RESOLUTIONS AND ORDINANCES
a. RESOLUTION COMBINING WARDS FOR APRIL 3, 2007 SPRING ELECTION.
The following resolution was displayed on the overhead projector at this time:
BE IT RESOLVED by the City Council of the City of Fort Atkinson pursuant to Section 5.15(6)(b), Wisconsin Statutes, that the wards in the City of Fort Atkinson shall be combined as follows for the April 3, 2007 Spring Election:
WARDS 1 - 3
WARDS 4 - 6
WARDS 7 - 9 BE IT FURTHER RESOLVED that each group of combined wards shall use one ballot box and separate voter counts will not be maintained for the combined wards, however separate ballots shall be maintained as needed for each ward as required under State Statute Section 5.60 and 5.655.
Cm. Zastrow, seconded by Cwmn. Behrens, moved to approve and adopt the resolution combining Wards for the April 3, 2007 Spring Election. On call of the roll, the motion carried unanimously.
b. RESOLUTION DECLARING THE CITY AS A THIRD CLASS CITY INSTEAD OF FOURTH CLASS.
The following resolution was displayed on the overhead projector at this time:
WHEREAS, the last federal census taken indicates that the official population of the City of Fort Atkinson, Wisconsin, now exceeds ten thousand (10,000) and;
WHEREAS, said federal census indicates that the population of said City is less than thirty-nine thousand (39,000); and
WHEREAS, Section 62.05, Wisconsin Statutes, indicates that cities with a population between 10,000 and 39,000 are deemed to be cities of the third class; and
WHEREAS, said City has made all other necessary changes to become a City of the third-class.
NOW THEREFORE, BE IT RESOLVED AND PROCLAIMED:
That the City of Fort Atkinson is and hereinafter shall be a City of the third class pursuant to Section 62.05, Wisconsin Statutes.
Be it further resolved that a copy of this Resolution shall be published in the City's official newspaper.
Cm. Zastrow, seconded by Cm. Tesmer, moved to approve and adopt the resolution declaring the City as a Third Class City instead of a Fourth Class. On call of the roll, the motion carried unanimously.
c. INITIAL RESOLUTION AUTHORIZING $853,000 GENERAL OBLIGATION BONDS FOR SANITARY SEWER IMPROVEMENT.
The following resolution was displayed on the overhead projector at this time:
RESOLUTION NO. 1111
INITIAL RESOLUTION AUTHORIZING
$853,000 GENERAL OBLIGATION BONDS
FOR SANITARY SEWER IMPROVEMENTS RESOLVED that the City of Fort Atkinson, Jefferson County, Wisconsin, borrow an amount not to exceed $853,000 by issuing its general obligation bonds for the public purpose of financing sewerage projects, consisting of sanitary sewer improvements.
The City Manager stated the next six items all relate to a combination of borrowing the City is proposing for the year 2007. The Finance Committee did review this at a meeting February 19, 2007 and recommended the City move forward.
These are the initial resolutions which get the ball rolling and put the notice in the paper stating the City is planning a borrowing. If anything would change, the City does have the opportunity yet to add or delete.
This first resolution covers the cost for the Sewer Utility as it relates to the Sherman Avenue project and a little bit of the overage costs from the Westside Interceptor project.
Cm. Zastrow, seconded by Cm. Tesmer, moved to approve and adopt the initial resolution authorizing $853,000 in General Obligation bonds for sanitary sewer improvements. On call of the roll, the motion carried unanimously.
d. INITIAL RESOLUTION AUTHORIZING $1,545,000 GENERAL OBLIGATION BONDS FOR WATER SYSTEM IMPROVEMENTS.
The following resolution was displayed on the overhead projector at this time:
RESOLUTION NO. 1112
INITIAL RESOLUTION AUTHORIZING
$1,545,000 GENERAL OBLIGATION BONDS
FOR WATER SYSTEM IMPROVEMENTS RESOLVED that the City of Fort Atkinson, Jefferson County, Wisconsin, borrow an amount not to exceed $1,545,000 by issuing its general obligation bonds for the public purpose of financing water system improvements.
The City Manager stated this resolution covers the Water Utility for the Sherman Avenue project, various developer reimbursements and potential land acquisition for the water booster station.
It was clarified that none of these borrowings would be funded through general property tax dollars.
Cm. Zastrow, seconded by Cm. Tesmer, moved to approve and adopt the initial resolution authorizing $1,545,000 in General Obligation bonds for water system improvements. On call of the roll, the motion carried with Cwmn. Behrens abstaining.
e. INITIAL RESOLUTION AUTHORIZING $600,000 GENERAL OBLIGATION BONDS FOR COMMUNITY DEVELOPMENT PROJECTS IN TAX INCREMENTAL DISTRICT NO. 6.
The following resolution was displayed on the overhead projector at this time:
RESOLUTION NO. 1113
INITIAL RESOLUTION AUTHORIZING
$600,000 GENERAL OBLIGATION BONDS
FOR COMMUNITY DEVELOPMENT PROJECTS
IN TAX INCREMENTAL DISTRICT NO. 6 RESOLVED that the City of Fort Atkinson, Jefferson County, Wisconsin, borrow an amount not to exceed $600,000 by issuing its general obligation bonds for the public purpose of providing financial assistance to community development projects under Section 66.1105, Wisconsin Statutes, in the City's Tax Incremental District No. 6.
The City Manager stated this resolution is to cover the booster station which is included in the TIF No. 6 business plan. The booster station is to provide better pressure on the south side of town and to supply pressure to the businesses in the business park.
Cm. Tesmer, seconded by Cm. Zastrow, moved to approve and adopt the initial resolution authorizing $600,000 in General Obligation bonds for community development projects in Tax Incremental District No. 6. On call of the roll, the motion carried unanimously.
f. INITIAL RESOLUTION AUTHORIZING $257,000 GENERAL OBLIGATION BONDS FOR REFUNDING PURPOSES.
The following resolution was displayed on the overhead projector at this time:
RESOLUTION NO. 1114
INITIAL RESOLUTION AUTHORIZING
$257,000 GENERAL OBLIGATION BONDS
FOR REFUNDING PURPOSES RESOLVED that the City of Fort Atkinson, Jefferson County, Wisconsin, borrow an amount not to exceed $257,000 by issuing its general obligation bonds for the public purpose of refunding obligations of the City, including interest on them.
The City Manager stated this resolution is to repay the temporary loan previously taken out to fund the Westside Interceptor project.
Cwmn. Behrens, seconded by Cm. Zastrow, moved to approve and adopt the initial resolution authorizing $257,000 in general obligation bonds for refunding purposes. On call of the roll, the motion carried unanimously.
g. RESOLUTION DIRECTING PUBLICATION OF NOTICE TO ELECTORS.
The following resolution was displayed on the overhead projector at this time:
RESOLUTION NO. 1115
RESOLUTION DIRECTING PUBLICATION OF NOTICE TO ELECTORS
WHEREAS initial resolutions authorizing general obligation bonds have been adopted by the City Council of the City of Fort Atkinson, Jefferson County, Wisconsin (the "City") and it is now necessary that said initial resolutions be published to afford notice to the residents of the City of their adoption;
NOW, THEREFORE, BE IT RESOLVED that the City Clerk shall, within 15 days, publish a notice to the electors in substantially the form attached hereto as Exhibit A in the official City newspaper as a class 1 notice under ch. 985, Wis. Stats.
Cm. Zastrow, seconded by Cm. Tesmer, moved to approve and adopt the resolution directing publication of notice to electors. On call of the roll, the motion carried unanimously.
h. RESOLUTION PROVIDING FOR THE SALE OF $3,255,000 GENERAL OBLIGATION CORPORATE PURPOSE BONDS.
The following resolution was displayed on the overhead projector at this time:
RESOLUTION NO. 1116
RESOLUTION PROVIDING FOR THE SALE OF $3,255,000
GENERAL OBLIGATION CORPORATE PURPOSE BONDS WHEREAS the City Council of the City of Fort Atkinson, Jefferson County, Wisconsin (the "City") has adopted initial resolutions authorizing the issuance of general obligation bonds for the following public purposes and in the following amounts:
$853,000 to finance sanitary sewer improvements;
$1,545,000 to finance water system improvements;
$600,000 to finance community development projects in Tax Incremental District No. 6; and
$257,000 to refund obligations of the City, including interest on them.
NOW, THEREFORE, BE IT RESOLVED that:
Section 1. Combination of Issues. The issues referred to in the preamble hereof are hereby combined into one issue of bonds designated "General Obligation Corporate Purpose Bonds," and the City shall issue bonds in an amount not to exceed $3,255,000 for the purposes above specified.
Section 2. Sale of Bonds. The City Council hereby authorizes and directs that the Bonds be offered for public sale. At its meeting on April 5, 2007, the City Council shall consider such bids for the Bonds as may have been received and take action thereon.
Section 3. Notice of Bond Sale. The City Clerk be and hereby is directed to cause notice of the sale of the Bonds to be disseminated in such manner and at such times as the City Clerk may determine and to cause copies of a complete, official Notice of Bond Sale and other pertinent data to be forwarded to interested bidders as the City Clerk may determine.
Section 4. Official Statement. The City Clerk shall cause an Official Statement concerning this issue to be prepared by the City's financial advisor, Robert W. Baird & Co., Incorporated. The appropriate City officials shall determine when the Official Statement is final for purposes of Securities and Exchange Commission Rule 15c2 12 and shall certify said Statement, such certification to constitute full authorization of such Statement under this resolution.
Cm. Zastrow, seconded by Cm. Tesmer, moved to approve and adopt the resolution providing for the sale of General Obligation Corporate Purpose bonds in an amount not to exceed $3,255,000. On call of the roll, the motion carried with Cwmn. Behrens abstaining.
7. REPORTS OF OFFICERS, BOARDS AND COMMITTEES
Cm. Mielke, seconded by Cm. Tesmer, moved to accept and file the minutes of the Public Works Committee meeting held February 19, 2007; the minutes of the Finance Committee meeting held February 19, 2007; and the minutes of the Ambulance Advisory Committee meeting held February 22, 2007. The motion carried on a voice vote.
8. UNFINISHED BUSINESS
a. RECOMMENDATION FROM PUBLIC WORKS COMMITTEE TO APPROVE 2007 SIDEWALK AND STREET PROGRAMS, AND PRELIMINARY RESOLUTION.
The following resolution was displayed on the overhead projector at this time:
RESOLUTION NO. 1117
PRELIMINARY RESOLUTION DECLEARING INTENT TO EXERCISE
SPECIAL ASSESSMENT POWERS UNDER SECTION 66.0703,
WISCONSIN STATUTES 2005-2006 RESOLVED, by the City Council of the City of Fort Atkinson:
1). The City Council hereby declares its intention to exercise its police power pursuant to Sec. 66.0703(4), Wisconsin Statues to levy special assessments upon property fronting upon the following streets and alleys as stated, namely:
A. Level 1 Street Maintenance (sealcoat) for the following named streets:
| Apache Court | from Sioux Trail to termini (west end) |
| Aztec Court | from Cherokee Lane to termini (north end) |
| Blackhawk Drive | from North Main Street to Monroe Street |
| Cherokee Lane | from Blackhawk Dr. to termini (west end) |
| Cheyenne Court | from Blackhawk Dr. to termini (north end) |
| Comanche Court | from Cherokee Lane to termini (north end) |
| Hillcrest Drive | from Zaffke Street to Blackhawk Drive |
| Iroquois Court | from Cherokee Lane to termini (north end) |
| Menomonee Court | from Sioux Trail to termini (east end) |
| Mohawk Court | from Sioux Trail to termini (west end) |
| Monroe Street | from Blackhawk Dr. to termini (north end) |
| Navaho Court | from Seminole Dr. to termini (north end) |
| Pawnee Court | from Sioux Trail to termini (west end) |
| Seminole Drive | from Sioux Trail to Monroe Street |
| Shawnee Street | from Cherokee Lane to termini (north end) |
| Sioux Trail | from Blackhawk Dr. to termini (north end) |
| Zaffke Street | from Hillcrest Drive to Messmer Street |
Proposed assessments for Level 1 Street Maintenance shall be $0.22 per parcel street frontage foot.
B. Alley Reconstruction for the following named alleys:
| Alley from 600 block of Roosevelt St. | to 600 block of Cloute Street |
| Alley from 500 block or Roosevelt St. | to 500 block of Cloute Street |
| Alley from 800 block of Charles St. | to 800 block of Harriette St. |
| Alley from 800 block of W. Sherman Ave. | to 800 block of Van Buren St |
| Alley from 900 block of Van Buren St. | to 0 block of Shirley Street |
| Alley from 0 block of Rankin Street | to termini (west end) |
| Alley from 0 block of Rankin Street | to 0 block of Shirley Street |
| Alley from 500 block of Taft Street | to 500 block of Garfield St. |
| Alley from 500 block of Madison Ave. | to 500 block of Barrie Street |
| Alley from 500 block of Barrie St. | to 500 block of W. Sherman |
| Alley from 400 block of Madison Ave. | to 400 block of Barrie Street |
| Alley from 300 block of Hickory St. | to 300 block of Linden Street |
| Alley from 0 block of S. Fourth St. | to 0 block of S. Fifth Street |
| Alley from 0 block of S. Fifth St. | to 0 block of S. Sixth Street |
| Alley from 600 block of S. Main St. | to 600 block of Whitewater |
| Alley from 1100 block of Whitewater Ave. | to 1100 block of East Street |
Proposed assessment for alley reconstruction shall be $10.92 per parcel alley frontage foot.
C. Sidewalk construction for the following sections of Endl Boulevard:
West side from South property line of Parcel 226-0514-0914-101 to Highland Avenue
West side from South property line of Parcel 226-0514-0913-055 to Erick Street
East side from Erick Street to Adrian Boulevard
Proposed assessment for sidewalk construction shall be $13.53 per parcel sidewalk frontage foot.
2). The City Engineer is directed to prepare a report consisting of the following:
a. Plans and specifications.
b. Cost of entire project.
c. For each parcel of property, assessment of benefits.
A copy of said report is to be filed with the City Clerk for public inspection.
3). Upon receiving the report, the Clerk is directed to have notice of public hearing on such report as specified in Sec. 66.0703(7)(a), Wisconsin Statutes.
Said hearing is to be held in the Council Chambers at a time set by the Clerk in accordance with Section 66.0703(7)(a), Wisconsin Statutes.
The City Manager assured the Council there would be advanced notice given to residents who would be assessed along with the approximate amount they would be charged.
Cm. Zastrow, seconded by Cwmn. Behrens, moved to approve and adopt the preliminary resolution establishing the 2007 Sidewalk and Street Programs and to set a public hearing for April 5, 2007. On call of the roll, the motion carried unanimously.
b. RECOMMENDATION FROM AMBULANCE ADVISORY COMMITTEE TO ACCEPT AND FILE ANNUAL REPORT ON AMBULANCE SERVICE FROM RYAN BROS. AMBULANCE.
The City Manager briefly reviewed the highlights of the report with the Council.
Cm. Tesmer, seconded by Cm. Zastrow, moved to accept and file the annual report on ambulance service from Ryan Bros. Ambulance. The motion carried on a voice vote.
9. NEW BUSINESS
a. APPROVE MAKE-UP OF STEERING COMMITTEE TO WORK WITH CONSULTANT ON MASTER PLAN UPDATE.
The following Committee make-up was proposed by the City Manager:
- City Manager
- City Engineer
- City Councilperson
- School District representative
- Industrial Development Corporation representative
- Chamber of Commerce representative from retail/commercial
- Citizen at large
The City Manager stated the citizen at large seat would be advertised in the newspaper. The Committee will be a sounding board to give direction to the consultant and the Planning Commission and Council will retain decision-making authority.
Cm. Tesmer stated he would like to see more citizens at large on the Committee. The City Manager explained the process includes a number of community events in addition to the public hearings that will be conducted. He also added the entire process will take approximately one year.
Cm. Zastrow, seconded by Cwmn. Behrens, moved to approve the make-up of the steering committee as recommended by the City Manager. The motion carried 4-1 on a voice vote with Cm. Tesmer opposing.
b. REVIEW AND APPROVE OFFER TO PURCHASE FOR LAND AND BUILDINGS NEAR SOUTH ELEVATED STORAGE FOR WATER UTILITY.
Cwmn. Behrens stepped down prior to discussion due to a conflict of interest.
The City Manager stated this land would be used for the Water Booster Station for the Water Utility. The property is located on Hackbarth Road surrounding the Water Tower, is about 1.8 acres and includes two buildings.
In 2005 the DNR put the City on notice that it is required to have this booster station in place by the end of 2007. If the City ignores the DNR's orders, they will not allow any future growth in the City above a certain elevation.
The City's consultant identified this location as the best possible site for the booster station. The consultant also indicated that it may also be an ideal site for a future well for the City. The next best site would be in the Business Park, but would require an extensive extension of water main down Poeppel Road.
The offer to purchase is in an amount of $525,000 with a condition that the seller pays for a Phase 1 environmental study. There was an appraisal done just over a year ago which valued the property at just over $600,000.
Cm. Zastrow, seconded by Cm. Tesmer, moved to approve the offer to purchase for land and buildings near south elevated storage for the Water Utility in an amount of $525,000. On call of the roll, the motion carried with Cwmn. Behrens abstaining.
10. MISCELLANEOUS
a. GRANTING OPERATOR LICENSES.
Cm. Tesmer, seconded by Cwmn. Behrens, moved to approve the following list of applicants for operator licenses for the 2006-2008 license period:
| REGULARS: | Matthew J. McGuire | for use at "Open" |
|---|
| Elizabeth A. Schilling | for use at Blackhawk Tavern |
|---|
| Matthew G. Smits | for use at Southside Shell |
|---|
The motion carried on a voice vote.
b. REQUEST TO SET PUBLIC WORKS COMMITTEE MEETING DATE.
It was decided to set a date at the next meeting. No action taken.
c. SPECIAL BEER LICENSE FOR LIONS CLUB'S ANNUAL SMELT FRY AT THE MUNICIPAL BUILDING ON FRIDAY, MARCH 30, 2007.
Cwmn. Behrens, seconded by Cm. Mielke, moved to approve the special beer license for the Lions Club's annual smelt fry at the Municipal Building on Friday, March 30, 2007. The motion carried on a voice vote.
11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
a. VERIFIED CLAIMS.
Cm. Mielke, seconded by Cm. Tesmer, moved the bills in the amounts of $218,543.22 for the City (Fund 1); $45,872.05 for the Sewer Utility (Fund 2); $12,130.43 for the Water Utility (Fund 3); and $126,884.81 for Payroll's #4 & 4A as per Schedule N-41 on file in the office of the City Clerk/Treasurer and as audited and approved by the Finance Committee be allowed and orders be authorized drawn on the proper funds for their payment. On call of the roll, the motion carried unanimously.
12. ADJOURNMENT
Cm. Zastrow, seconded by Cm. Tesmer, moved to adjourn the March 6, 2007 regular City of Fort Atkinson Council meeting at 7:59 p.m. The motion carried on a voice vote.
/s/ Matt Trebatoski
City Clerk/Treasurer
|
