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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, -2- 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) -3- 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 -4-