Jefferson takes no action on ordinance

JEFFERSON - Jefferson aldermen on Tuesday evening voted unanimously not to act on a controversial proposed ordinance that would have tightened the annexation process in the city for parcels in excess of 15 acres.

After hearing the Coalition For a Better Jefferson's John Rhiel speak in favor of the ordinance and Scott Matthews of the Metropolitan Builders Association, as well as alderman Bob Coffman urge its defeat, the council made its decision.

The proposed ordinance would have required that all lands in excess of 15 acres acquired by the city through annexation to undergo an environmental impact study, traffic impact assessment, infrastructure analysis and community impact statement.

Rhiel defended the proposed ordinance as being a document that was “not anti-development.” Coffman attacked it, stating it was administrative in nature and not legislative - a key component allowing for its defeat.

“It also violates and is contrary to Wisconsin state law,” Coffman said. “And finally, it conflicts with existing ordinances within the city of Jefferson. Therefore, the council should not act in any manner on this proposed ordinance.”

Coffman added that it is “untrue” that the council only had the options of approving the proposed ordinance or sending it to a spring referendum. He also said the ordinance is subject to four judicial limitations and if it violates one, the council cannot accept it. He said the ordinance violated the legislative versus administrative ruling, one regarding how such a petition cannot modify state annexation statutes, as well as another stating the ordinance and petition cannot be used to compel a city to repeal an existing ordinance or resolution. Coffman cited other violations.

“I already know the first question many council members will ask,” Coffman said. “And that is ‘Will the Coalition For a Better Jefferson take us to court?' They did that on Monday, with a restraining order keeping the city from proceeding with the annexation of the Sherman and Pinnow properties. Thanks to city attorney Ben Brantmeier, Jefferson County Judge John Ullsvik today at 2 p.m. ruled in favor of the city.”

The city council then conducted its first reading of the proposed ordinance related to the possible future annexation of the Sherman and Pinnow properties on the south side of the city. That site has been considered for location of a Wal-mart Supercenter and has been at the root of the annexation controversy for many. The second reading of the ordinance will likely come at the next meeting of the common council.

In other business, the council approved rescinding a tree-planting fee and one to adopt amended building permit fees.

A resolution to impose a fire department and emergency medical facilities and equipment impact fee was tabled, as one that would have provided raises backpay for nonrepresented employees for 2005.