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1989-04-17 Council MeetingPROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING 17 April 1989 Vol. 39 No. 30 Approved 1 May 1989 Regular meeting of the City Council of the City of Janesville, held in the Municipal Building 17 April 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 3 April 1989. Licenses; and recommendations of the Liquor License Advisory Committee. Council President McLean stated that if there were no objections, the Consent Agenda would be approved. (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 89-1176 citing Councilmember Mittness' service on the City Council for the past two years, plus the various boards, committees and commissions that he was a part of during that time. Councilmember Stehura moved to adopt said resolution as presented, seconded by Councilmember Stockwell and adopted by the following vote: Aye: Council President McLean, Councilmembers Pierson, Stock- well, Stehura, Pulliam and Collins. Pass: Councilmember Mittness. Council President McLean then presented Councilmember Mittness with a commendation plaque and a picture plaque of all the current Councilmembers. (File Resolution No. 89-1176) OLD BUSINESS 1. Requests and comments from the public on matters which can be affected by Council action. The following persons appeared before the Council to talk on the issue of the cable television stations. Joe Baisch, one of the original founders of Total TV explained originally the FCC assigned the station numbers and then that number was assigned for the television channels by Total TV, Everette Funk of 1105 Kellogg, Bruce Hamilton of 4225 South Wyck, Veronica Weber of 1700 South River Rd., Merle Derpinghaus, Rock Vale Trailer Court, Chuck Neeson - 1106 Center Av., Gary Shaw - 3223 Ruger Av., Stewart Wixon of 2735 West State St., and Roy Wanda of 2317 Highland. 2. A proposed resolution authorizing the City Manager to proceed with the sale of Lot 12 in the Kennedy Road Industrial Park to the Janesville Group, Limited. Council - member Pulliam moved to adopt said resolution as presented. Motion seconded by Councilmember Collins and adopted unanimously. (File Resolution No. 89-1173) 3 & 4. A proposed ordinance (89-618) annexing property located at the southwest corner of West Court Street and Crosby Avenue, and a proposed ordinance (89-619) establishing the zoning classification of the same property were given their second reading by title only and public hearing. Appearing at the public hearing were: Frederick Wesner, Attorney for Accudyne Corp., who spoke in favor of the ordinances. Attorney Bill White representing Mr. and Mrs. Tuescher spoke in favor of certain parts of the ordinances and under certain conditions, which they would like spelled out in an agreement. He said his client would like the same treatment as Accudyne. John Ryan, representing the Ryan property, questioned the size of the Conservancy District and agreed with the thoughts of both parties. Jean Koopman of 812 Victoria Place spoke against the annexation, Paul Bass of 740 Milton Av. felt the City should have to dis- close all improvements to the property, just as he must do for his clients as a real estate broker. Cheryl Gieseke of 603 Linn St. was opposed and James Newmeyer of 2919 West Court wanted the property to remain as is. Councilmember Collins moved to postpone action for two weeks to allow the administration time to attempt to negotiate some sort of contract along the lines suggested by the attorney representing Mr. and Mrs. Tuescher, seconded by Councilmember Pierson. After considerable discussion, Councilmember Pierson withdrew his second. Councilmember Collins then moved to postpone the matter for four weeks to allow the administration to go over all aspects of a contract with the Tueschers and advise the Councilmembers on how the negotiations might be handled. Motion was seconded by Council - members Pierson and passed by the following vote: Aye: Councilmembers Pierson, Stehura, Pulliam and Collins. Nay: Council President McLean, Councilmembers Mittness and Stock- well. (File Ordinance No. 89-618) No action was taken by the Council on the proposed ordinance establishing zoning classification of the property discussed. (File Ordinance No. 89-619) 5. A proposed ordinance, recommended for approval by the Plan Commission, rezoning property located north of and adjoining 1301 Black Bridge Road from M1 to B3 was given its second reading by title only and public hearing. No one appeared for the public hearing. Councilmember Stehura moved to adopt said ordinance as presented, seconded by Councilmember Pulliam and adopted unanimously. (File Ordinance No. 89-620) 6. A proposed ordinance for an amendment to the sewer use ordinance was given its second reading by title only and public hearing. No one appeared for the public hearing. Councilmember Pulliam moved to adopt said ordinance as presented, seconded by Councilmember Collins and adopted unanimously. (File Ordinance No. 89-623) 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 Fireworks Code was presented by City Manager Sheiffer, and then given its second reading by title only and public hearing. No one appeared for the public hearing. Councilmember Pierson questioned the need for such an ordinance. Councilmember Pulliam requested the adminis- tration to prepare a list of items that can be sold under this ordinance for the local merchants. Councilmember Pulliam moved to adopt said ordinance as presented, seconded by Councilmember Collins and adopted by the following vote: Aye: Council President McLean, Councilmembers Mittness, Stockwell, Stehura, Pulliam and Collins. Nay: Council - member Pierson. (File Ordinance No. 89-621) NEW BUSINESS 4. After a brief discussion, it was agreed by Councilmembers to take this item, "Meet- ing with Rockford Television Managers concerning Jones Intercable", as the first item of new business. The following persons appeared from the Rockford television stations to explain their -2- r concerns regarding the realignment of the channel they represent and the effect it has*made for them: Jim Grimes of WIFR, Harold Frelick of WTVO, Ray Chumley from WREX and Robb Gray of WQRF (Channels 23, 17, 13 and 39 respectively). Phil Spindt, General Manager of Jones Intercable, as well as Mary Fuller, Marketing Manager, explained why Jones Intercable reached their decision and the action they took. Councilmembers spoke on their opinions and told the citizens that due to the 1984 Cable Communications Act there was nothing they or the City Administration could do. 1. Recommendation of the Plan Commission. Council President McLean presented the final Certified Survey Map 89010-C, Terry Campbell, a 3-lot survey located on Alden Road in the City of Janesville. Councilmember Stehura moved to approve Certified Survey Map 89010-C as presented, seconded by Councilmember Stockwell and adopted unani- mously. (File CSM No. 89010-C) 2. A request from Janesville Sand & Gravel Co. for a one-year blasting permit was presented by Council President McLean. Councilmember Pierson moved to grant the request for a one-year blasting permit as outlined, seconded by Councilmember Pulliam and adopted unanimously. Councilmember Collins left the meeting. 3. A proposed resolution authorizing the City Manager to exercise an option to purchase 15 acres of land in TIF District IV, and authorizing the City Manager to sell all or part of this 15 acre parcel to Megal Development Corporation. Councilmember Stockwell moved to adopt said resolution as presented. Motion seconded by Councilmember Pulliam and adopted by the following vote: Aye: Council President McLean, Councilmembers Pierson, Mittness, Stockwell and Pulliam. Pass: Councilmember Stehura. (File Res.89-1177) 5. Review of the water rate increase. No action by the Council was required or taken. 6. A proposed resolution establishing a claims administration procedure and empowering certain settlement payments by the administration. Councilmember Stockwell moved to adopt said resolution as presented, seconded by Councilmember Pulliam and adopted unani- mously. (File Resolution No. 89-1175) 7. Consideration of a motion to rescind Council Policy Statement Numbers 7, 9, 13, 16, 35, 44, 51, 52 and 56. Councilmember Stehura moved to rescind the Council Policy Statement Numbers as listed, seconded by Councilmember Stockwell and adopted unanimously. 8. A proposed ordinance permitting dogs year round and without a leash in specially designated and signed City park "Pet Exercise Areas" was introduced by Council President McLean and given its first reading by title only. A public hearing was set for 1 May 1989. Councilmember Stehura asked that the administration review how the current ordinance "clean up after pets" would affect the proposed ordinance. (File Ordinance No. 89-624) 9. Matters not on the Agenda. Councilmember Stehura questioned the administration if the bright blue water run-off across the Crosby Avenue spillway was some unwanted material (because of the color) and asked that it be investigated. Councilmember Stehura commended Councilmember Mittness for his service on the Council and Judy Berg, a reporter for WCLO, who is retiring from her duties. 10. Councilmember Pulliam moved to convene into closed session pursuant to Section 19.85 (1)(c), Wis. Stats., for the purpose of evaluating the terms of employment of the City Manager and Section 19.85(1)(g), Wis. Stats., for the purpose of conferring -3- with legal counsel for the governmental body who is rendering oral and/or written advice concerning strategy to be adopted by the body with respect to a claim which may likely result in litigation, seconded by Councilmember Stockwell and adopted unanimously. There being no further business, the meeting was adjourned at 12:20 a.m. to reconvene in closed session. These minutes are not official until approved by the City Council. Angelo Lamendola Deputy City Clerk STATE OF WISCONSIN ) SS. COUNTY OF ROCK ) I do hereby certify that the foregoing is a true and correct copy of the minutes of the meeting of the Common Council held 17 April 1989. City Clerk Date -4-