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1988-07-25 Council MeetingPROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING 25 July 1988 Vol. 39 No. 8 * Approved with amendment 8/8/88 Regular meeting of the City Council of the City of Janesville, held in the Municipal Building 25 July 1988 at 7:30 p.m. The meeting was called to order by Council President McLean. Present: Council President McLean. Councilmembers Pierson, Stockwell, Stehura, Pulliam and Collins. Absent: Councilmember Mittness. The minutes of the regular meeting of 11 July 1988 were presented. Council minutes of 11 July 1988 were revised to show that Councilmember Pulliam arrived at 7:40 p.m. and that Councilmember Pierson was absent. Councilmember Stehura made a motion to approved the minutes of the regular meeting of 11 July 1988 as revised. Motion was seconded by Councilmember Pulliam and adopted by the following vote: Aye: Council President McLean, Councilmembers Stockwell, Stehura, Pulliam and Collins. Pass: Councilmember Pierson. The minutes of the closed session of 27 June 1988 were presented. Councilmember Stockwell made a motion to amend the minutes by deleting the words "pursuant to existing City policy on page 2 under paragraph 7. Motion to amend seconded by Councilmember Pulliam. Motion to amend passed by the following vote: Aye: Council President McLean, Councilmembers Pierson, Stockwell, Stehura and Pulliam. Nay: Councilmember Collins. Councilmember Stockwell made a motion to approve the minutes of the closed session of 27 June 1988 as amended. Motion was seconded by Councilmember Stehura and adopted unanimously by the following vote: Aye: Council President McLean, Councilmembers Pierson, Stockwell, Stehura, Pulliam and Collins. LICENSES Councilmember Pierson made a motion that the licenses, as listed on the license agenda and on file in the office of the City Clerk, except Special Event One Day Beer Only for Vietnam Veterans of America #236 and Operator (Bartender) - Original for Barbara Lueck, be approved and issued as presented.* Motion seconded by Councilmember Pulliam and passed unanimously. John Kettle, 4701 Wood Edge Road, appeared on behalf of the Vietnam Veterans of America #236 and answered questions from Councilmembers. Councilmember Pierson made a motion to approve the license for Special Event One Day Beer Only for Vietnam Veterans of America #236, to be held 7 August 1988. Motion seconded by Councilmember Collins. Motion passed unanimously. *delete "and issued as presented." Councilmember Pierson made a motion to approve the Operator (Bartender) - original license for Barbara Lueck. Motion seconded by Councilmember Collins and passed 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. Request to waive City Council Resolution No. 83-619 regarding the purchase of American made vehicles. Jim Fagan, Fagan Chevrolet - Cadillac, Inc., appeared to comment on his waiver request. Mr. Fagan stated the waiver request was for two pick-up trucks ordered by the City and built in Canada by General Motors, and not a blanket waiver of Resolution 83-619. Mr. Fagan responded to Councilmembers' questions on how General Motors assigns truck orders to different plants and how the problem was created. Councilmember Pulliam made a motion to waive City Council Resolution No. 83-619 regarding the purchase of American made vehicles. Motion seconded by Councilmember Pierson and adopted by the following vote: Aye: Council President, McLean, Councilmembers Pierson, Stehura, Pulliam and Collins. Pass: Councilmember Stockwell. 3. A revised ordinance, recommended for approval by the Plan Commission, changing the zoning classification of land located at 1038 Jerome Avenue was given its second reading by title only and public hearing. Council President McLean opened the Public Hearing at 3:07 p.m. Appearing in opposition to the rezoning wa'obert Sage, 1051 Jerome Avenue, who presented several pictures of the arear d a letter froiurchard McCoy, 11 4 Jerome Avenue, opposing t45L-,request P�teven Cawkins, 1109 JergRe Avenue rad Roeber, 1115 Jerome Ave ue;�-_'Richard Romack, 1339 Jerome Auenue,P_David Habeck, 1.102 Jerome A,venue;-Chris Bennett, 1114 Jerome ven.ue,Q3Uaanita Habeck, 1102 Jerome Avenue John Balas, 1045 Jerome Avenue-, an « iane Cawkins, 1109 Jerome Avenue. Appearing in support of rezoning was Mr. Wendell Boyer, Plant Engineer for Gilman Engineering and Manufacturing. Councilmember Pierson made a motion to adopt Revised Ordinance No. 88-584. Motion seconded by Councilmember Stockwell. Councilmember Collins made a motion to amend the motion by deleting the last sentence in Section III(b). Motion to amend seconded by Councilmember Pulliam. Motion to amend passed unanimously. IKE Councilmember Collins made a motion to amend the motion by replacing the last sentence in Section III(c) with the following sentence, "That Jerome Avenue not be used for receiving truck access to the plant after July 31, 1990, but the truck access on Jerome Avenue for the purpose of shipping will be permitted". Motion to amend seconded by Councilmember Pulliam. Motion to amend failed by the following vote: Aye: Councilmembers Pierson, Stockwell, and Collins. Nay: Council President McLean, Councilmembers Stehura and Pulliam. Councilmember Collins made a motion to amend the motion by replacing the last sentence of Section III(c) with the following language, "That Jerome Avenue not be used for receiving truck access to the plant after July 31, 1990, but that truck access on Jerome Avenue for the purpose of shipping will be permitted provided that such truck traffic shall only be allowed to travel in a southerly direction on Jerome Avenue from Delavan Drive to the truck access point and in a northerly direction from the truck access point to Delavan Drive". Motion to amend seconded by Council President McLean. Motion to amend passed by the following vote: Aye: Council President McLean, Councilmembers Pierson, Stockwell, and Collins. Nay: Councilmembers Stehura and Pulliam. The main motion as amended passed by the following vote: Aye: Council President McLean, Councilmembers Pierson, Stockwell and Collins. Nay: Councilmembers Stehura and Pulliam. Councilmember Stockwell requested the administration to draft an ordinance to prohibit truck traffic on Jerome Avenue south of the railroad crossing. 4. Review and adoption of Council Policy Statement No. 62 regarding City Manager's performance and compensation evaluation. Councilmember Collins made a motion to adopt Council Policy No. 62, regarding City Manager's performance and compensation evaluation with the deletion of paragraph 2(D). Motion seconded by Councilmember Stockwell. Councilmember Stehura made a motion to amend the main motion by adding Paragraph "D" under Procedure, which states that the Council President shall distribute to each Councilmember compensation information prior to the meeting on compensation". Motion to amend seconded by Council President McLean. Motion to amend passed unanimously. As a friendly amendment the reference to "he" in pargraph B under Procedures was changed to "he or she". The main motion as amended passed unanimously. Councilmember Stockwell left the meeting at 9:45 p.m. 5. & 6. An ordinance annexing territory in Section 12, T. 2 N., R. 11 E., Town of Rock, and Section 18, T. 2 N., R. 13 E., Town of LaPrairie, Rock County, Wisconsin, (File Ordinance No. 88-573), and an ordinance establishing the zoning classification of land located in the 2600 block of Beloit Avenue within the City of Janesville (File Ordinance No. 88-574) were given their second reading by title only and public hearing. -3- Council President McLean stated that the Public Hearings on these two ordinances would be held jointly. Council President McLean opened the Public Hearing at 9:45 p.m. No one appeared to be heard. Councilmember Collins made a motion to adopt Ordinance No. 88-573 as presented. Motion seconded by Councilmember Stehura and passed unanimously by the following vote: Aye: Council President McLean, Councilmembers Pierson, Stehura, Pulliam and Collins. Councilmember Collins made a motion to adopt Ordinance No. 88-574 as presented. Motion seconded by Councilmember Stehura and adopted unanimously by the following vote: Aye: Council President McLean, Councilmembers Pierson, Stehura, Pulliam and Collins. 7. Request for variance of a distance requirement to establish a Community Living Arrangement at 113-117 East Milwaukee Street. Council President McLean opened the Public Hearing at 9:45 p.m. No one appeared to be heard. Councilmember Collins made a motion to approve a variance to the Community Living Arrangement's spacing requirement from 2500 feet to 690 feet to establish a Community Living Arrangement at 113-117 East Milwaukee Street. Motion seconded by Councilmember Stehura and adopted unanimously by the following vote: Council President McLean, Councilmembers Pierson, Stehura, Pulliam and Collins. NEW BUSINESS 1. Action on waiver of special assessment procedures for water main and preliminary grading and graveling on Nantucket Drive. Councilmember Stehura made a motion to approve the request for waiver of special assessment procedures. Motion seconded by Councilmember Collins and adopted unanimously by the following vote: Aye: Council President McLean, Councilmembers Pierson, Stehura, Pulliam and Collins. 2. A proposed resolution authorizing the City Manager to proceed with the sale and option of land in the Kennedy Road Industrial Park to the Topline Corporation, Inc. was presented by Council President McLean. Council President McLean referred said resolution to the Plan Commission for recommendations, and scheduled it for final action at the 8 August 1988 Council Meeting. (File Revised Resolution No. 88-1102) 3. A revised resolution, recommended for approval by the administration, approving the Project Plan and creating Tax Increment Finance District No. V within the City of Janesville, Rock County, Wisconsin was presented by Council President McLean. Councilmember Collins made a motion to adopt said revised resolution as presented. Motion seconded by Councilmember McLean and adopted unanimously by the following vote: Aye: Council President McLean, Councilmembers Pierson, Stehura, Pulliam and Collins. (File Revised Resolution No. 88-1073) -4- 4. A resolution, recommended for approval by the administration, authorizing the City Manager to apply for a Grant under the Wisconsin Transportation Economic Assistance Program for the South Wright Road Project, was presented by Council President McLean. Councilmember Pierson made a motion to adopt said resolution as presented. Motion seconded by Councilmember Pulliam and adopted by the following vote: Aye: Council President McLean, Councilmembers Pierson, Pulliam and Collins. Pass: Councilmember Stehura. (File Resolution No. 88- 1101) 5. A proposed resolution, recommended for approval by the administration, authorizing the issuance of $1,750,000 General Obligation Promissory Notes, Series 1988, of the City of Janesville, Wisconsin, confirming the sale thereof, determining the interest rate thereon and levying taxes in connection therewith, was presented by Council President McLean. Councilmember Pulliam made a motion to adopt said resolution as presented. Motion seconded by Councilmember Collins and adopted unanimously by the following vote: Aye: Council President McLean, Councilmembers Pierson, Stehura, Pulliam and Collins. (File Resolution No. 88-1104) 6. Matters not on the Agenda. Councilmember Pierson, Chairman of the Liquor License Advisory Committee, informed the Council that with the annexation of Diana's House of Prime Rib to the City, there was some confusion as to their liquor license. Everything has been resolved and Philip L. Tripke, agent for Diana's House of Prime Rib, has completed and submitted an application and paid the fees for a Class "B" Intoxicating Liquor and Fermented Malt Beverage license. Councilmember Pulliam made a motion to approve a Class "B" Intoxicating Liquor and Fermented Malt Beverage License for Diana's House of Prime Rib, with Philip L. Tripke as agent. Motion seconded by Councilmember Collins and passed unanimously by the following vote: Aye: Council President McLean, Councilmembers Pierson, Stehura, Pulliam and Collins. There being no further business, the meeting was adjourned at 10:03 p.m. These minutes are not official until approved by the City Council. Frank L. Spoden City Clerk -5-