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1988-03-07 Council MeetingPROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING Adopted 3/21/88 7 March 1988 Vol. 38 No. 32 Regular meeting of the City Council of the City of Janesville, held in the Municipal Building 7 March 1988 at 7:30 p.m. The meeting was called to order by Council President Pulliam. Present: Council President Pulliam, Councilmembers Mittness, Collins, Stockwell, Stehura and Pierson. Council President Pulliam welcomed Boy Scout Troop 407 from the Church of the Nazarene and Scoutmaster Orville Collins. The troop was in attendance because they are working on Citizenship in Community and Citizenship in Nation merit badges. The minutes of the regular meeting of 22 February 1988 were presented. Councilmember Stehura made a motion to approve the minutes of the regular meeting of 22 February 1988 as distributed. Motion was seconded by Councilmember Pierson and adopted unanimously. The minutes of the special meeting of 24 February 1988 were presented. Councilmember Pierson made a motion to approve the minutes of the special meeting of 24 February 1988 as distributed. Motion was seconded by Councilmember Stehura and adopted unanimously. 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, except for "Taxi -cab Driver - Original" , and issued as presented. Motion seconded by Councilmember Pierson and adopted unanimously. (All applications of licenses are on file in the office of the City Clerk and are incorproated by reference herein and may be examined upon request at all reason- able times.) OLD BUSINESS 1. Requests and comments from the public on matters which can be affected by Council action. Carol Roherty, 4247 North River Road, a member of the Tourism and Visitors Convention Committee of the Chamber of Commerce, appeared before the Council to request that the Council consider using some of the money from the room tax to fund the promotion of tourism in Janesville. 2. A proposed ordinance establishing a separate fee for the landfill deposit of waste originating.from outside of Rock County, with a penalty range of $100 to $300 for each violation, was given its second reading by title only and public hearing. Council President Pulliam opened the public hearing at 7:43 p.m. No one appeared. Councilmember McLean arrived at 7:45 p.m. Councilmember Mittness made a motion to adopt said ordinance as presented. Motion seconded by Councilmember Stockwell and adopted by the following vote: Aye: Councilmembers Mittness, Collins, Stockwell, Stehura and McLean. Nay: Council President Pulliam and Councilmember Pierson. (File Ordinance No. 88-552) 3. A proposed ordinance, recommended for approval by the Plan Commission, rezoning land located south of Conde Street and east of Beloit Avenue within the City of Janesville, was given its second reading by title only and public hearing. Council President Pulliam opened the public hearing at 7:52 p.m. John Holzhuter, attorney for the applicant, spoke in support of the rezoning and stated he was available for any questions from Councilmembers. Councilmember McLean made a motion to adopt said ordinance as presented. Motion seconded by Councilmember Stehura and adopted unanimously. (File Ordinance No. 88-554) 4. A proposed ordinance changing the zoning classification of land located at 1215-1221 South Cherry Street was given its second reading by title only and public hearing. City Manager Sheiffer informed the Council that the Plan Commission, on an unanimous vote, recommended that the rezoning be forwarded to the City Council with an unfavor- able recommendation. Council President Pulliam opened the public hearing at 7:57 p.m. Those appearing at the hearing in opposition were: Alvin Newlin - 1227 S. Cherry St., Lawrence Roenneburg - 1220 S. Cherry St., and Rita O'Donnell of 1111 S. Cherry St. Appearing in support of the rezoning was the owner of the property, Ernest Downing Councilmember Collins made a motion to postpone indefinitely said ordinance as presented. Motion seconded by Councilmember Mittness and passed unanimously. (File Ordinance No. 88-556) 5. Proposed resolutions by the Common Council of the City of Janesville, that pursuant to Wisconsin Statute Section 66.615 (3), standard concrete sidewalks shall be constructed in front of all herein described parcels of property where standard concrete sidewalks have not been constructed. Council President Pulliam opened the public hearing on Resolutions 88-1052 and 88-1053 at 8:10 p.m. Those appearing to be heard pertaining to: Mineral Point Av. - Penney Haugen, 630 Cambridge Dr., said she was the petitioner and, therefore, supported the sidewalk. Parkview Dr. - John Melaas, 813 Victoria Pl., supports parts of the sidewalks; Janet Edwards, 3754 Parkview Dr., opposed sidewalks. Others opposed were: Leslie Stiff - 3746 Parkview Dr., and Jim Koch - 3722 Parkview Dr. Wurthering Hills Dr. - Wally Leitzke - 947 N. Wright Rd., owner of a lot on this street, opposed sidewalks. City Code 17.32.120. 1) East Milwaukee St. - no one appeared. 2) North Pontiac Dr. - no one appeared. Councilmember McLean made a motion to adopt Resolution 88-1052. Motion seconded by Councilmember Stockwell. Councilmember Collins moved to amend the motion by deleting, under Priority I - Item 2, Southside of Parkview Drive from Princeton Road to Wuthering Hills Drive. Motion to amend seconded by Councilmember Stockwell. Motion to amend failed by the following vote: Aye: Councilmembers Collins, Stockwell and Pierson. Nay: Council President Pulliam, Councilmembers McLean, Stehura and Mittness. Councilmembersthen voted on the original motion and it was adopted unanimously. (File Resolution 88-1052) -2- Appearing to be heard on Resolution 88-1053 were: Robert Williams - 1607 S. Arch St., spoke in favor of all the sidewalks, since he was the petitioner. Joliet Street - David Newcomb, Pastor of Faith Bible Chapel, spoke in opposition to sidewalks, but if sidewalks were ordered in, the church would like a deferrment on payments. Carol J. Lukas - 604 Stafford Rd. - opposed sidewalks. Also, Delbert Diehl of 1727 Cottonwood Dr., Assistant Pastor of Faith Bible Chapel, opposed sidewalks. South Walnut St. Joyce Meyers -1243 S. Walnut St., Jim McGuire - 1305 S. Walnut St., Bill Sheridan - 1265 S. Walnut St., and June Cook of 1311 S. Walnut St., all opposed to sidewalks. Don Marklein of 900 Morningside Dr., owner of lots on the street, opposed sidewalks here and on Wolcott St. Wolcott Street. Don Marklein - 900 Morningside Dr., opposed sidewalks. King Street. No one appeared. Councilmember Mittness made a motion to adopt Resolution No. 88-1053. Motion seconded by Councilmember Stockwell. Councilmember Mittness moved to amend the motion by deleting Item 2, southside Joliet St. Motion to amend seconded by Councilmember Collins and was adopted unanimously. Councilmember Stehura moved to amend the motion by deleting Item 3, eastside of South Walnut St. Motion to amend seconded by Councilmember Collins and passed by the following vote: Aye: Council President Pulliam, Councilmembers Collins, Stockwell, Stehura, Pierson and McLean. Pass: Councilmember Mittness. Councilmember Collins moved to amend the motion by deleting Item 4, northside of Wolcott St. Motion to amend seconded by Councilmember Stehura and passed unanimously. Councilmember Pierson moved to amend the motion by deleting Item 5, northside King St. Motion to amend seconded by Councilmember McLean and passed by the following vote: Aye: Council President Pulliam, Councilmembers Mittness, Collins, Stehura, Pierson and McLean. Nay: Councilmember Stockwell. Councilmember Mittness requested an opinion from Assistant City Attorney Klimszyk about voting, since he owned a piece of property that would be affected. Attorney Klimczyk stated he could vote "yes", but not "no". Councilmembers then voted on the main motion as amended and adopted uhmjimously. (Res.88-1053' Councilmember Mittness requested that the administration draw up a resolution for installation of sidewalk on the north side of Burbank Av. from Center Av. to South Terrace St. Councilmember Pierson made a motion to reconsider the adoption of Resolution 88-1052. Motion to reconsider was seconded by Councilmember Stehura and passed by the following vote: Aye: Council President Pulliam, Councilmembers Stehura, Stockwell, Collins and Pierson. Nay: Councilmembers Mittness and McLean. Councilmember Pierson moved to amend the motion by deleting Item 2 - southside Park - view Dr. Motion to amend seconded by Councilmember Stehura and passed by the following vote: Aye: Councilmembers Collins, Stockwell, Stehura and Pierson. Nay: Council President Pulliam, Councilmembers Mittness and McLean. The main motion as amended was then voted on and passed unanimously. (File Res. 88-1052) -3- NEW BUSINESS 7. (This item of business was taken out of order) A proposed resolution proclaiming April as Fair Housing Month in the City of Janesville. Randy Borman, President of the Janesville Community Housing Resources Board, appeared and asked the Council to approve the resolution to show support of fair housing. Councilmembers and the news media personnel were presented T-shirts supporting Fair Housing Month. Councilmember McLean made a motion to adopt said resolution as presented. Motion seconded by Councilmember Stehura and adopted unanimously. (File Resolution No. 88-1058) Councilmember Collins left the Council meeting at 10:08 p.m. Ia. Approval of Certified Survey Map of part of the NE$ of the. SWk of Section 28, T.3N., R.13E., of the 4th P.M., City of Janesville, Rock County, Wisconsin. Council - member Pierson made a motion to approve Certified Survey Map 88007-C, including granting waivers to the parkland dedication requirements and the subdivision ordinance require- ment that remaining parcels less than 15 acres, be included within the survey. Motion seconded by Councilmember McLean and adopted unanimously. (File CSM No. 88007-C) 2. A proposed Preliminary Resolution Declaring Intent to Exercise Special Assessment Powers Under Section 66.60, Wisconsin Statutes and Requiring Installation of Water, Sewer, and Gas Service Pipes and Providing for Assessment of Costs Under Section 66.625, Wisconsin Statutes. Councilmember Pierson made a motion to adopt said resolution as presented. Motion seconded by Councilmember Stockwell and adopted unanimously. Council President Pulliam set the public hearing for 21 March 1988 at 7:30 p'.m. in the Council Chambers. (File Resolution No. 88-1057) 3. Action on proposed Waiver of Special Assessment procedure for storm sewer charges for Briar Crest East Second Addition Subdivision. Councilmember Stehura made a motion to approve the Waiver of Special Assessment notices and hearing under Section 66.60 Wisconsin Statutes for storm sewer charges for Briar Crest East Second Addition Subdivision. Motion seconded by Councilmember Stockwell and adopted unanimously. 4. Appointment to the Business Improvement District Board. City Manager Sheiffer proposed the appointment of Mr. David Grosenick to fill the vacancy on the Business Improvement District Board, and stated that this required Council approval. Councilmember Stehura made a motion to approve the appointment of David Grosenick of 911 Princeton Road to the Business Improvement District Board. Motion seconded by Councilmember Pierson and adopted unanimously. 5. Action on request from the Retired Teachers' Association to use the Senior Citizen Center. Councilmember Stehura made a motion to approve the Retired Teachers' Associa- tion request to use the Senior Citizen Center on Saturday - 19 March 1988 for a card party.for financial gain. Motion seconded by Councilmember Pierson and adopted unani- mously. 6. Action on request from the Janesville Swingin' Squares Square Dance Club. Council - member Stehura made a motion to approve the Janesville Swingin' Squares Square Dance Club request to use the Senior Citizen Center for dances and lessons for financial gain. Motion seconded by Councilmember Pierson and adopted unanimously. 7. This item was the first item of "New Business". 8. Matters not on the Agenda. Councilmembers Stehura and Pierson requested that the administration draft the necessary amendment to the room tax ordinance to delete the -4- the requirement that the monthly reports be signed under oath and modify the current reporting dates to correspond to the state sales tax payments. Councilmember Stockwell requested information concerning the amount of traffic and police activity associated with the "Circuit" on Saturday evening, 5 March 1988. Councilmember Mittness inquired as to when the administration will complete its study on recycling cans, newspapers and glass at the City's landfill. City Manager Sheiffer stated that this study would be completed by the end of the year. Council President Pulliam allowed Mr. Bill Tolbert to speak to the Council about re- considering its action ordering sidewalk installed on Wuthering Hills Drive from Bristol Drive to Skyview Drive. Council took no action on the request. Consideration of a motion to convene into closed session. Councilmember Stehura made a motion to convene into closed session, pursuant to State Statute 19.85 (1)(e) for the purpose of considering and/or discussing the potential purchase and/or sale of property. Motion seconded by Councilmember McLean and adopted unanimously. There being no further business, the meeting was adjourned at 10:41 p.m. These minutes are not official until approved by the City Council. Frank L. Spoden City Clerk -5-