1989-04-03 Council MeetingPROCEEDINGS OF THE CITY COUNCIL
CITY OF JANESVILLE, WISCONSIN
REGULAR MEETING
3 April 1989
Vol. 39
No. 30
APPROVED 17 April 1989
Regular meeting of the City Council of the City of Janesville, held in the Municipal
Building 3 April 1989 at 7:30 p.m.
Council President McLean called the meeting to order.
Present: Council President McLean, Councilmembers Pierson, Mittness, Stockwell, Stehura,
Pulliam and Collins.
CONSENT AGENDA
The minutes of the regular meeting of the Council held 20 March 1989 should be changed
under "Old Business" item 1, second sentence, from "Councilmember Stehura" to "Council
President McLean."
Minutes of the closed session held 20 March. Licenses; and recommendations of the
Liquor License Advisory Committee. Financial gain request for March of Dimes Walk
America. Financial statement for February 1989. Action on a proposed resolution
proclaiming April as Fair Housing Month. Council President McLean stated that if
there were no objections, the Consent Agenda would be approved.
SPECIAL RECOGNITION
Council President McLean introduced Mary Ellen Cooke, President of the Community Housing
Resource Board, who presented the winners of the poster contest. Kindergarten through
third grade was Zachary Steurer from Lincoln School; fourth grade through sixth grade
was Tremaine Titus of Roosevelt School, and seventh through ninth grade went to Trinity
Dix of St. Matthews School. The winning posters will be entered into the state-wide
contest sponsored by HUD's Milwaukee office.
OLD BUSINESS
1. Requests and comments from the public on matters which can be affected by Council
action. No one appeared.
2. City Manager Sheiffer introduced Brad Murphy, Director of Planning, who gave a
presentation relative to Ordinances 89-616, 89-617 on property located south of Briar
Crest Drive and east of Amhurst Road that is being annexed and zoned. These two ordinances
were given their second reading by title only and public hearing. No one appeared
for the public hearing. Councilmember Stehura moved to adopt said ordinance 89-616
as presented, seconded by Councilmember Stockwell and adopted unanimously.
Councilmember Stockwell then moved to adopt Ordinance 89-617, seconded by Councilmember
Stehura and adopted unanimously. (File Ordinances No. 89-616 & 89-617)
4. A proposed ordinance, recommended for approval by the Plan Commission, and discussed
by Planning Director Brad Murphy with the preceding ordinances, to rezone property
located at 215 Rockport Road from B3 to R2 was given its second reading by title only
and public hearing. No one appeared. Councilmember Pulliam moved to adopt said ordinance
as presented, seconded by Councilmember Collins and adopted unanimously. (File Ordinance
No. 89-612)
5. City Manager Sheiffer presented the recommendation of the Committee of Public
Works to award the contracts for PWP#-1989 (Group 2).
H. New Sidewalk
Schultz Construction Company
601 Washington Street, P. 0. Box 18
Edgerton, WI 53534 $49,000.00
I. Landfill Sidewalls
P. W. Ryan Sons, Inc.
P. 0. Box 1979
Janesville, WI 53545
J. Rockport Pool Painting
$53,799.00
Burkel Construction, Inc.
3346 Spur Lane
Green Bay, WI 54313 $13,264.00
Councilmember Collins moved to award the contracts as recommended by the Committee
of Public Works, seconded by Councilmember Pulliam and adopted unanimously.
6. Proposed Council Policy Statement on alcoholic beverage licensing was reviewed
by City Manager Sheiffer and the public hearing was opened by Council President McLean.
Those appearing at the public hearing to speak on this matter were: Bruce Monson
of 602 E. Milwaukee who spoke on the underage drinking and improper I.D., as well
as fines and penalty schedule; Jim Hay, a school counselor spoke on teenage drinking;
Stephany Moore of 2403 Laurel Av. pointed out the difference in the policy in Rock
County as compared to the City of Janesville on drinking; Bryan Smith of 2749 Elizabeth
St. said Janesville did not recognize the drinking problem like the County does; Kurt
Brose of 302 St. Lawrence spoke on the drinking issue as well as the licensing and
monitoring of same; Tom Herman discussed teenagers obtaining alcoholic beverages with-
out proper I.D.; Bob Elliott of 470 Mohawk thinks the Liquor License Advisory Committee
should be retained at seven members and members should participate in a counseling
program; Robert Peterson of 2213 N. Lexington also would like to retain seven members
on the Liquor License Advisory Committee. The public hearing was closed.
Councilmember Stockwell moved to adopt the policy as presented, seconded by Councilmember
Stehura.
Councilmember Collins moved to amend Section I.A. to retain "seven" persons, seconded
by Councilmember Pulliam and passed by the following vote: Aye: Councilmembers Pierson,
Stehura, Pulliam and Collins. Nay: Council President McLean, Councilmembers Mittness
and Stockwell.
Councilmember Collins moved to amend Section VII.B.l.c. to read as follows: "Upon
a third conviction within twelve months, the A.L.A.C. shall examine the circumstances
and shall recommend that the Common Council hold a suspension, revocation or non -renewal
hearing, as applicable, unless strong mitigating reasons exist not to recommend the
commencement of said proceedings.", seconded by Councilmember Pierson and passed by
the following vote: Aye: Councilmembers Pierson, Stehura, Pulliam and Collins. Nay:
Council President McLean, Councilmembers Mittness and Stockwell.
Councilmember Stockwell moved to amend Section VII. B.2.c. to read as follows: "Upon
a third conviction within twelve months, the A.L.A.C. shall examine the circumstances
and shall recommend that the Common Council hold a suspension, revocation or non -renewal
hearing, as applicable, unless strong mitigating reasons exist not to recommend the
commencement of said proceedings.", seconded by Councilmember Stehura and passed by
the following vote: Aye: Council President McLean, Councilmembers Pierson, Mittness,
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Stockwell, Stehura and Pulliam. Nay: Councilmember Collins.
Councilmember Pierson moved to amend the policy by deleting Section IV B.2., seconded
by Councilmember Stehura and passed unanimously.
Councilmember Stehura asked the Councilmembers to pass the Council Policy unanimously.
Councilmember Pulliam stated that he believed very strongly in that the policy had
been clarified and sends a message out to the industry and the community, and also
asked that it be adopted unanimously. A vote was then taken on the original motion
as amended and it was adopted unanimously.
NEW BUSINESS
1. Recommendations of the Plan Commission: a) Council President McLean presented
the final Certified Survey Map 89004-C, Merdon, a four lot survey located on Fulton
Street. Councilmember Stehura moved to approve Certified Survey Map 89004-C as presented.
Motion seconded by Council President McLean and adopted by the following vote: Aye:
Council President McLean, Councilmembers Stehura and Collins. Pass: Councilmember
Pierson. Absent: Councilmembers Mittness, Stockwell and Pulliam. (File CSM No.
89004-C)
b) The final Certified Survey Map 89011-C, a two lot survey located on the northwest
corner of Barberry and Plainfield Drs. was presented by Council President McLean.
Councilmember Stehura moved to approve Certified Survey Map 89011-C as presented, seconded
by Council President McLean and adopted by the following vote: Aye: Council President
McLean, Councilmembers Pierson, Stehura and Collins. Pass: Councilmember Pulliam.
Absent: Councilmembers Mittness and Stockwell. (File CSM No. 89011-C)
2. A proposed resolution indicating the City Council's support for strict penalties
for conviction of underage persons for consumption of alcoholic beverages was reviewed
by City Manager Sheiffer. Councilmember Pierson moved to postpone action for one
month so that the Council could review Rock County's policy on this subject. Motion
seconded by Councilmember Collins and adopted by the following vote: Aye: Council
President McLean, Councilmembers Pierson, Stockwell, Stehura, Pulliam and Collins.
Nay: Councilmember Mittness. (File Resolution No. 89-1174)
3. City Manager Sheiffer outlined the various options on the proposed plan of action
for a new golf course lease, and recommended a two-step process of: Step 1 - collection
of information needed, and Step 2 - deciding whether to seek open proposals or sole
party negotiations. Councilmember Collins moved to select V. Plan of Action outlining
Option 3, seconded by Councilmember Pierson.
Councilmember Stockwell moved to amend item 3 of V. Plan of Action by deleting the
language "and decide whether to conduct sole party negotiations with Rajon Corporation
or". Motion seconded by Council President McLean and failed by the following vote:
Aye: Council President McLean, Councilmembers Mittness and Stockwell. Nay: Council -
members Pierson, Stehura, Pulliam and Collins.
Councilmembers then voted on the main motion and it was adopted unanimously.
4. A proposed ordinance amending the sewer use ordinance was introduced by Council
President McLean and given its first reading by title only and set for public hearing
for 17 April 1989 at 7:30 p.m. (File Ordinance No. 89-623)
5. A proposed ordinance rezoning property located within the 2900 block of Milton
Avenue from B2 to B4 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.
The public hearing was scheduled for 1 May 1989 at 7:30 p.m. (File Ordinance No.
89-622)
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6. A proposed resolution authorizing the City Manager to proceed with the sale of
Lot 12 in the Kennedy Road Industrial Park to Janesville Group, Ltd. was reviewed
by City Manager Sheiffer and then introduced by Council President McLean who referred
to the Plan Commission for a report and recommendation. A public hearing was set
for 17 April 1989 at 7:30 p.m. (File Resolution No. 89-1173)
7. A proposed ordinance exempting the indoor storage and sale of lawful fireworks
from the permit application and permit fee payment requirements of the City's Fire-
works Code was reviewed by City Manager Sheiffer. Councilmember Pulliam objected
to the introduction of the ordinance and made a motion to refer it to the administration
to treat permanent structures and temporary structures the same in regards to the
sale of minor Class C fireworks sales, seconded by Councilmember Pierson and failed
by the following vote: Aye: Council President McLean, Councilmembers Pierson and
Pulliam. Nay: Councilmembers Mittness, Stockwell, Stehura and Collins.
The ordinance was then introduced by Council President McLean and given its first
reading by title only and set for public hearing for 17 April 1989 at 7:30 p.m. (File
Ordinance No. 89-621)
8. Matters not on the agenda. Councilmember Pierson suggested that if the Council
was concerned about "clustering" bars in a particular area, that future applicants
be informed of this. He also mentioned he had received complaints about the litter
on school parking lots that eventually blows on to adjoining property. City Manager
Sheiffer stated that he would take this problem up with the school administration.
Councilmember Pulliam requested a report from the administration as to the course
of action they are proposing to take against the circuit riders for the downtown.
April 15, 1989 is Project Clean Sweep for the City and the Council agreed to meet
at the Janesville Landfill site at 7:30 a. m. to participate in this project.
Council President McLean set the Council's Reorganizational Meeting for 7:30 a.m.
on Tuesday 18 April 1989.
City Manager Sheiffer informed the Council that street sweeping would start next Monday.
There being no further business, the meeting was adjourned at 11:07 p.m.
These minutes are not official until approved by the City Council.
Angelo Lamendola
Deputy City Clerk
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