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1989-03-06 Council MeetingPROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING 6 March 1989 Vol. 39 No. 28 Approved (with amendments) 3/20/89 Regular meeting of the City Council of the City of Janesville, held in the Municipal Building 6 March 1989 at 7:30 p.m. The meeting was called to order by Council President McLean. Present: Council President McLean, Councilmembers Pierson, Mittnass, Stockwell, Stehura, Pulliam and Collins. CONSENT AGENDA Minutes of the regular meeting of 20 February 1989. Financial Statement for the month of December 1988. Council President McLean stated that if there were no objections, the Consent Agenda would be approved. Councilmember Stehura requested that the matter of licenses be considered separately. The minutes and Financial Statement were approved by consent. LICENSES Councilmember Stehura 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, except for one not recommended (Taxi -cab driver). Motion seconded by Councilmember Stockwell and adopted unanimously. (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.) OLD BUSINESS 1. Requests and comments from the public on matters which can be affected by Council action. No one appeared. 2. A proposed ordinance, amending the sign code to permit ground signs with lesser that ten -foot minimum clearance, and create a provision in the Zoning Code to permit expansion of existing structures with non -conforming setbacks, was reviewed by Director of Planning Brad Murphy and given its second reading by title only and public hearing. No one appeared at the public hearing. Councilmember Collins moved to adopt Revised Ordinance 89-608, seconded by Council - member Stockwell, who offered a friendly amendment by adding ",and" at the end of paragraphs B-2 (a) and (b). This was accepted by the Councilmembers and the Revised Ordinance adopted unanimously. (File Revised Ordinance No. 89-608) 3. A proposed resolution accepting a donation of land for park purposes was reviewed by Assistant City Manager Tom Rogers and given its public hearing with no one appear- ing to be heard. Councilmember Stockwell moved to adopt said resolution as presented. Motion seconded by Councilmember Stehura and adopted unanimously. (File Resolution No. 89-1158) 4. A proposed resolution for the 1989 New Sidewalk Program was reviewed by City Manager Sheiffer. Councilmember Stockwell suggested that the public hearing be opened and then continued at the March 20th Council Meeting. Council President McLean directed the administration to re -notify all interested citizens that the public hearing would be continued at the March 20, 1989 Council Meeting. Council President McLean then opened the public hearing. Priority I: N. Wright Rd. - Ray Stiggen of the Janesville Medical Center suggested sidewalk be put in from Stuart St. to the driveway, and this would enable people to continue through the parking lot. City Manager Sheiffer mentioned this request came from a person who uses a motorized wheelchair. Center Avenue - Robert Montgomery of 2203 Center Av. and his neighbor, Donald Oakley, as well as Steve Williams from Burger King, oppose sidewalks. William Irving said he was not against sidewalks, but felt it was not necessary at this time. Priority II. Burbank Av. - Brendan Kaiser, of Teamsters Local Union 579, opposed to sidewalk. Royal Oaks Dr. - Patrick Roach, 1317 Royal Oaks Dr. opposed. Paula Everson, 1415 Royal Oaks Dr. in favor of sidewalk. Wesley Av. - Ray Stiggen of the Janesville Medical Center, Leo Fugate of 11 S. Martin Rd. and Steve Carpenter were all opposed to new sidewalk. City Manager Sheiffer presented a letter from Frank K. Stritof stating he was in favor of sidewalk in the area. Campus Lane - David Pierson of 23 Campus Lane was in opposition. City Code 17.32-120. Hearthstone Dr. - Robert Ausen of 4515 Hearthstone Dr. presented a petition signed by 80 people opposed to new sidewalks. Dan J. Schicker of 4501 Hearthstone Dr. was opposed. Royal Oaks Dr. - Robert Schuh of 1807 Royal Oaks Dr. was opposed. Jame F. Hay of 3041 Bond Place wants to delay building sidewalks, Don Marklein also wants to post- pone sidewalks for the time being. Cottonwood Dr. - Opposing sidewalks in the area were Ron Sterk of 1727 Royal Oaks Dr., Jeff Foster of 2119 Cottonwood Dr., and Dave Anderson of 2005-07 Cottonwood Dr. Council President McLean continued the public hearing until 20 March 1989. Councilmember Stockwell requested that Wesley Av. be added to the Public Works tour on 10 March 1989. NEW BUSINESS 1. A proposed resolution accepting a donation of $10,000 from the Janesville Noon Kiwanis for the purpose of park improvements at Kiwanis Pond was reviewed by Assistant City Manager Tom Rogers. Councilmember Stehura moved to adopt said resolution as presented, seconded by Councilmember Collins and adopted by the following vote: Aye: Council President McLean, Councilmembers Pierson, Mittness, Stockwell, Stehura and Collins. Pass: Councilmember Pulliam. (File Resolution No. 89-1166) 2. City Manager Sheiffer presented the City Council Policy decision on the clarifica- tion of the approach that would be used to fund the Wright Road improvement by citing three potential options: 1) assess 100% of the net cost, or approximately $35 per linear foot, 2) assess no part of the net cost and have the TIF District pay it, and 3) assess one-half of the net cost at $17.50 per linear foot and have the TIF District pay one-half. Councilmember Pierson moved to assess at 50 percent of net cost, as presented in -2- the third option for the curb, gutter and road, seconded by Councilmember Collins and adopted by the following vote: Aye: Council President McLean, Councilmembers Pierson, Mittness, Pulliam and Collins. Nay: Councilmember Stockwell. Pass: Councilmember Stehura. 3. A proposed resolution authorizing the City Manager to enter into an agreement to amend the Option Agreement between the City of Janesville and Nancy A. Flood for the purchase of up to 85 acres of land for industrial purposes was reviewed by City Manager Sheiffer. Councilmember Collins moved to adopt said resolution as presented, seconded by Councilmember Pulliam and adopted by the following vote: Aye: Council President McLean, Councilmembers Pierson, Mittness, Stockwell, Pulliam and Collins. Pass: Councilmember Stehura. (File Resolution No. 89-1165) 4. A proposed resolution authorizing the City Manager to exercise an option to purchase 25 acres of land in TIF District No. IV, and authorizing the City Manager_ to execute an agreement to sell this twenty-five acre parcel of land to HUFCOR, Inc. Councilmember Collins moved to adopt said resolution as presented, seconded by Councilmember Pierson and adopted by the following vote: Aye: Council President McLean, Councilmembers Pierson, Mittness, Stockwell, Pulliam and Collins. Pass: Councilmember Stehura. (File Resolution No. 89-1167) 5. City Manager Sheiffer presented the review of the proposed City Council Policy Statement on liquor licensing. This was followed by a long discussion and amendments to the main motion as to when it should come before the Council again. Councilmember * Stehura moved to refer it lack to the Liquor License Advisory Committee for its report and recommendations, seconded by Councilmember Pulliam. Councilmember Stockwell moved to amend the motion to bring it back to the Council on 20 March 1989, seconded•by Councilmember Stehura and failed by the following vote: Aye: Councilmembers Mittness, Stockwell and Stehura. Nay: Council President McLean, Councilmembers Pierson, Pulliam and Collins. Councilmember Pulliam moved to amend the main motion (to bring back to Council) to 17 April 1989, seconded by Councilmember Collins and failed by the following vote: Aye: Councilmembers Pierson, Pulliam and Collins. Nay: Council President McLean, Councilmembers Mittness, Stockwell and-Stehura. Councilmember Collins moved to amend the main motion to 3 April 1989, seconded by Councilmember Pulliam and failed by the following vote: Aye: Councilmembers Pierson, Pulliam and Collins. Nay: Council President McLean, Councilmembers Mittness, Stock- well and Stehura. At this point, Councilmember Pulliam withdrew his second to the main motion and the motion then died for lack of a second. Councilmember Stehura moved to postpone action for two weeks, seconded by Councilmember Stockwell and failed by the following vote: Aye: Councilmembers Stockwell and Stehura. Nay: Council President McLean, Councilmembers Pierson, Mittness, Pulliam and Collins. Councilmember Pulliam moved to postpone the matter indefinitely, seconded by Council - member Pierson and failed by the following vote: Aye: Councilmembers Pierson, Pulliam and Collins. Nay: Council President McLean, Councilmembers Mittness, Stock- well and Stehura. Councilmember Pierson moved to postpone the matter until 17 April 1989, seconded by Councilmember Collins and failed by the following vote: Aye: Councilmembers Pierson, Pulliam and Collins. Nay: Council President McLean, Councilmembers Mittness, Stockwell and Stehura. -3- Councilmember Stehura moved to postpone until 3 April 1989 and then refer the matter * back to the Liquor License Advisory Committee for its report and recommendations. Motion seconded by Councilmember Collins and adopted by the following vote: Aye: Councilmembers Mittness, Stockwell, Stehura, Pulliam and Collins. Nay: Council President McLean and Councilmember Pierson. 6. A proposed preliminary resolution for Public Works Program #1-1989 was reviewed by City Manager Sheiffer. Councilmember Stehura moved to adopt said resolution as presented, seconded by Councilmember Collins and adopted unanimously. Council President McLean set the public hearing for 20 March 1989. (File Resolution No. 89-1162) 7. A proposed ordinance creating a four-way stop intersection at West Holmes and Lincoln Street was introduced by Council President McLean and given its first reading by title only. A public hearing was set for 20 March 1989 at 7:30 p.m. (File Ordinance No. 89-615) 8. A proposed resolution authorizing the City Manager to proceed with the sale of land in the Kennedy Road Industrial Park was referred to the Plan Commission for its report and recommendation and set for public hearing March 20, 1989 by Council President McLean. No further action taken. (File Resolution No. 89-11 ) 9. A proposed resolution authorizing the City Manager to proceed with the sale and option of land in the Kennedy Road Industrial Park to Thomas and Michele Baer, Newco Welding and Engineering, was referred to the Plan Commission for its report and recommendation. Council President McLean set 20 March 1989 for the public hearing. No further action was taken at this time. (File Resolution No. 89-1164) 10. A proposed ordinance annexing property located south of Briar Crest Drive and east of Amhurst Road was introduced by Council President McLean and given its first reading by title only and referred to the Plan Commission for a report and recommenda- tion. A public hearing was set for 3 April 1989 at 7:30 p.m. (File Ordinance No. 89-616) 11. A proposed ordinance establishing the zoning classification of land located south of Briar Crest Drive and east of Amhurst Road 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 3 April 1989 at 7:30 p.m. (File Ordinance No. 89-617) 12. Matters not on the Agenda. Councilmember Stehura moved to deny the claim of Kelly Linville for her and her son, David Linville, seconded by Councilmember Stockwell and passed unanimously. Councilmember Pulliam moved to buy 11 chairs (Steelcase Model #454-221) for the Council Chamber, seconded by Council President McLean and passed by the following vote: Aye: Council President McLean, Councilmembers Pierson, Pulliam and Collins. Nay: Councilmembers Mittness, Stockwell and Stehura. 13. Councilmember Stehura moved to convene into closed session pursuant to Section 19.85 (1)(e), Wisconsin Statutes, for the purpose of deliberating or negotiating the potential purchase and/or sale of public property and Section 19.85 (1)(c), Wis. Stats., for the purpose of evaluating the terms of employment of the City Manager, seconded by Councilmember Pulliam and passed unanimously. The meeting was adjourned at 10:40 p.m. to reconvene in closed session. These minutes are not official until approved by the City Council. Angelo Lamendola Deputy City Clerk -4-