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1989-02-20 Council MeetingPROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING 20 February 1989 Vol. 39 No. 27 Approved 6 March 1989 Regular meeting of the City Council of the City of Janesville, held in the Municipal Building 20 February 1989 at 7:30 p.m. The meeting was called to order by Council President McLean. Present: Council President McLean, Councilmembers Pierson, Mittness, Stockwell, Stehura, Pulliam and Collins. CONSENT AGENDA Minutes of the regular meeting of the City Council held 6 February 1989. Minutes of the study session of the City Council held 13 February 1989. Financial gain request: Request from the retired Teacher Association to sponsor a public card party on Saturday, 11 March 1989 at the Senior Center. Council President McLean stated that if there were no objections, the Consent Agenda would stand approved. There were no objections. T.TrF.NGF.G Councilmember Stockwell made a motion that the licenses, as listed on the license agenda and on file in the office of the City Clerk, be approved and issued as presented, except for Walter Ruud of 326 Swan Lane for an Operator (bartender) license, as well as Paul Rebman of 214 East State Street. Motion seconded by Councilmember Stehura and adopted by the following vote: Aye: Council President McLean, Councilmembers Pierson, Mittness, Stockwell, Stehura and Pulliam. Nay: Councilmember Collins. Councilmember Pulliam moved to approve Mr. Walter Ruud's license, seconded by Council - member Pierson and failed by the. following vote: Aye: Councilmembers Pierson, Pulliam, and Collins. Nay: Council President McLean, Councilmembers Mittness, Stockwell and Stehura. (All applications of licenses are on file in the office of the City Clerk and are incorporated by reference herein and may be examined upon request at all reasonable times.) SPECIAL RECOGNITION Council President McLean presented Resolution 89-1155 commending Elaine Holiday for her 20 years of service, and Resolution 89-1156 commending Catherine Schweiger for ten years of service to the City of Janesville. Both ladies are retiring. Council - member Pulliam moved to adopt Resolutions 89-1155 and 89-1156, seconded by Councilmember Stehura and adopted unanimously. Council President McLean read the Certificate of Commendation and presented it to Mrs. Holiday. Mrs. Schweiger was not present. (File Resolutions No. 89-1155 & 89-1156) OLD BUSINESS 1. Requests and comments from the public on matters which can be affected by Council action. Mr. Brendan Kaiser, Secretary -Treasurer of the Teamsters Local Union No. 579, spoke about their concern relative to the sidewalk ordered in their area. He explained to the Council that they intended to put in the sidewalk voluntarily. Robert O'Donnell of 1111 South Cherry Street spoke about the area at 1251 South Cherry Street that has "junk cars" and the unsafe conditon for children and that it is causing the neighborhood to be down graded. 2 and 3. Two proposed ordinances: 89-609 amending Section 8.32.010A of the Code of General Ordinances so as to more clearly incorporate all State of Wisconsin fire statutes, codes, regulations and provisions, and 89-610 creating a City Fireworks Code were given their second reading by title only and public hearing. No one appeared for the public hearing on these matters. Councilmember Stehura moved to adopt Ordinance 89-609 and Ordinance 89-610, seconded by Councilmember Stockwell. Councilmember Pierson questioned the sales of various types of fireworks, and then asked that the question be divided so as to show a separate vote on each ordinance.'_ After further discussion, Councilmember Pierson moved to postpone action until 20 March 1989. Motion died for lack of a second. Council President McLean then called for a vote on Ordinance 89-609 and it was adopted unanimously. Council President McLean called for the vote on Ordinance 89-610 and it was adopted by the following vote: Aye: Council President McLean, Councilmembers Mittness, Stockwell, Stehura and Pulliam. Nay: Councilmembe.r_s Pierson and Collins. (File Ordinance No. 89-609 and Ordinance 89-610) 4. A proposed ordinance repealing and recreating Janesville's Equal Housing Opportunities Code was reviewed by City Manager Sheiffer and Mike King, Community Development Director, and then given its second reading by title only and public hearing. The following persons appeared before the public hearing to speak in favor of the ordinance: Judith Kneece - 1705 Eastwood Av., Ilah Hartung of 121 South Academy St., and Pat August of the Janesville Board of Realtors. Councilmember Stockwell moved to adopt Ordinance 89-611, and to correct Section 16.04.070 under B, paragraph 8 the word "enforcement" should be "enforce". Seconded by Council - member Mittness. Councilmember Pulliam moved to amend the proposed Ordinance, in particular Section 16.04.070 C., to read as follows: "4. Within sixty (60) days of being retained by the City and being assigned a discrimination case for determination, render and serve upon the respondent, complainant, and Fair Housing Officer, a written determination of whether probable cause exists to believe that one or more provisions of this chapter was, may be, or is being violated by one or more named persons and the facts supporting such determination. Upon request of the Hearing Examiner, the Fair Housing Officer may extend the time for determination to not more than ninety (90) days. Councilmember Stockwell stated that he would accept that as a friendly amendment. Council President McLean then called for the vote and it was adopted unanimously. -2- NEW BUSINESS 1. A proposed resolution authorizing a Supplemental Appropriation to provide funds for the City of Janesville Recycling Program for fiscal year 1989 in the amount of $23,750. was presented by City Manager Sheiffer and reviewed by Mr. Tom Rogers, Assistant City Manager. Councilmember Pulliam moved to adopt said resolution as presented, seconded by Councilmember Stockwell and adopted unanimously. (File Resolution No. 89-1159) 2 and 3. Two proposed resolutions: 89-116,0 authorizing a Supplemental Appropria- tion to provide additional funds for the Police Department for overtime for fiscal year 1988 in an amount of $24,320, and 89-1161 authorizing a Supplemental Appropria- tion to provide funds for the recreation b,udget for fiscal year 1988 in an amount of $5,649, was reviewed by City Manager Sheiffer. Councilmember Stehura moved to adopt Resolutions 89-1160 and 89-1161 as presented, seconded by Councilmember Pulliam and adopted unanimously. (File Resolutions No. 89-1160 and 89-1161) 4. A proposed resolution for the 1989 New Sidewalk Program was reviewed by Assistant City Manager Tom Rogers. Council President McLean set the public hearing for 6 March 1989. No further aciton was taken. (File Resolution No. 89-1157) 5. A proposed resolution accepting a donation of land for park purposes was introduced by Council President McLean and referred to the Plan Commission for its report and recommendation and set for public hearing for 6 March 1989. (File Resolution No. 89-1158) 6. A proposed ordinance to rezone property located at 215 Rockport Road from B3 to R2 was introduced by Council President McLean and given its first reading by title only and referred to the Plan Commission for a report and recommendation. A public hearing was set for 20 March 1989 at 7:30 p.m. (File.Ordinance No. 89-612) 7. A proposed ordinance amending the zoning ordinance to add radio and television transmitting facilities as a conditional use in the B4 District was introduced by Council President McLean and given its first reading by title only and referred to the Plan Commission for a report and recommendation. A public hearing was set for 20 March 1989 at 7:30 p.m. (File Ordinance No. 89-613) 8. Matters not on the Agenda. Councilmembers Pulliam and Collins requested that Ordinance 89-610, as adopted tonight, be amended to exempt existing retail establish- ments from having to acquire a permit to sell Class C fireworks. City Manager Sheiffer stated it would come before the Council in about four weeks. 9. Councilmember Pulliam moved to convene into closed session pursuant to Wisconsin State Statute Section 19.85 (1)(e) for the purpose of deliberating or negotiating the purchase of public properties, in particular, northeast parkland acquisition, and such other specified public business where competitive or bargaining reasons require a closed session. Motion seconded by Councilmember Stehura and adopted unanimously. The meeting was adjourned at 9:35 p.m. to reconvene in closed session. These minutes are not official until approved by the City Council. Angelo Lamendola Deputy City Clerk -3-