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1988-08-22 Council MeetingPROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING 22 August 1988 Vol. 39 No. 10 Approved 6 September 1988 Regular meeting of the City Council of the City of Janesville, held in the Municipal Building 22 August 1988 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. The minutes of the regular meeting of 8 August 1988 were presented. Councilmember Stehura moved to approve the minutes of the regular meeting of 8 August 1988 as dis- tributed. Seconded by Councilmember Stockwell and adopted unanimously. LTCENSES Councilmember Pierson moved that the licenses, as listed on the license agenda and on file in the office of the City Clerk, be approved, as recommended by the Liquor License Advisory Committee. Seconded by Councilmember Collins and adopted 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. A proposed resolution authorizing acceptance of three acres of donated property fronting on the Rock River from Mrs. Hazel Ormsbee. The public hearing was opened; no one appeared. Councilmember Stehura moved to adopt said resolution as presented. Seconded by Councilmember Pulliam and adopted unanimously. (File Resolution No. 88-1105) 3. A proposed ordinance establishing the authority for all City departments to bill for the actual cost of abatement and containment of hazardous and toxic material spills was given its second reading by title only and public hearing. No one appeared for the public hearing. Councilmember Pulliam moved to adopt Ordinance 88-588, seconded by Councilmember Stockwell. After some discussion, Councilmember Pierson moved to postpone action on Ordinance 88-588 for two months for further research relative to what other cities are doing. Motion died for lack of a second. Councilmember Collins moved to amend Ordinance 88-588 by changing Section 8.36.080 to read: "Sanitary sewerage discharges --Exemption. The provisions of this chapter do not apply to discharges to the city sanitary sewerage systems which are governed by state law and other ordinances.", and adding Section 8.36.090 to read: "Violations --Penalties. Any person, firm or corporation in violation of this section shall forfeit amounts and be jointly and severally subject to the other penalties and injunctive relief set forth in JGO Section 8.32.140." Councilmember Pulliam seconded the motion and it was adopted by the following vote: Aye: Council President McLean, Councilmembers Pierson, Stockwell, Pulliam and Collins. Nay: Councilmembers Mittness and Stehura. Councilmembers then voted on the main motion, as amended, and it was adopted by the following vote: Aye: Council President McLean, Councilmembers Mittness, Stockwell, Stehura, Pulliam and Collins. Nay: Councilmember Pierson. (File Revised Ord. 88-588) 4. A proposed ordinance increasing the current fee of $850 per acre storm sewer assessment rate $200 per acre annually, effective each subsequent 1 January of each year until it reaches $2,250 per acre on 1 January 1995, was given its second reading by title only and public hearing. No one appeared for the public hearing. Council - member Pulliam moved to adopt said ordinance as presented. Seconded by Councilmember Collins and adopted unanimously. (File Ordinance No. 88-591) NEW BUSINESS 1. Recommendations of the Plan Commission: Final Certified Survey Map 88039-C, City of Janesville, 1 lot survey on Barberry Drive was presented by City Manager Sheiffer. Councilmember Pulliam moved to approve Certified Survey Map 88039-C as presented, seconded by Council President McLean and adopted unanimously. (File CSM 88039-C) 2. A proposed resolution, recommended for approval by the administration, adopting Council Policy Statement No. 63 as the City's official policy governing the administra- tion of special assessment programs for public works improvements. Councilmember Collins moved to adopt said resolution as presented. Motion seconded by Councilmember Stockwell and adopted unanimously. (File Resolution No. 88-1109) 3. A proposed ordinance amending Chapter 12.20 so as to empower the Chief of Police with the authority to close streets and other public right of way, and permitting appeals upon denial to the City Manager was introduced by Council President McLean and given its first reading by title only. A public hearing was set for 6 September 1988 at 7:30 p.m. (File Ordinance No. 88-589) 4. A proposed ordinance repealing Section 12.60.050 and creating Chapter 12.62 so as to empower the Director of Leisure Services with the authority to permit the use of City property for financial gain and permitting appeals upon denial to the City Manager was introduced by Council President McLean and given its first reading by title only. A public hearing was set for 6 September 1988 at 7:30 p.m. (File Ordinance No. 88-592) 5. A proposed resolution amending Resolution No. 88-1098 so as to authorize use of $600,000 State Trust Fund Loan authorized therein for public works improvements and other directly related acquired property purposes, as well as the previously authorized land acquisition. Councilmember Pulliam moved to adopt said resolution as presented. seconded by Council President McLean and adopted by the following vote: Aye: Council President McLean, Councilmembers Pierson, Mittness, Stockwell and Pulliam. Pass: Councilmembers Stehura and Collins. (File Resolution No. 88-1110) 6. A proposed resolution, recommended for approval by the administration, authorizing the City Manager to enter into an Agreement of Rescission terminating the Three Party Land Sale Agreement authorized by Resolution 88-1056, and enter into an agreement, on behalf of the City, to sell the same parcel to Midland Steel Products, Inc. for in- dustrial development purposes was presented by City Manager Sheiffer. Councilmember Collins moved to adopt said resolution as presented. Seconded by Council President McLean and adopted unanimously. (File Resolution No. 88-1106) 7. City Manager Sheiffer presented the request to authorize the City Manager and the City Attorney to execute a settlement with City Cash and Carry Furniture. Council - member Collins moved that the City Manager and the City Attorney be authorized to execute the settlement on behalf of the City in the amount of $32,000. Seconded by -2- r Councilmember Pulliam and adopted by the following vote: Aye: Council President McLean, Councilmembers Mittness, Stockwell, Stehura, Pulliam and Collins. Nay: Councilmember Pierson. 8. A proposed resolution authorizing the City Manager to execute right-of-way grant in Monterey Park to Wisconsin Bell, Inc. was presented by the City Manager and reviewed by City Engineer Ron Beatty. Councilmember Collins moved to adopt said resolution as presented. Seconded by Council President McLean and adopted unanimously. (File Resolution No. 88-1112) 9. A proposed resolution authorizing a supplemental appropriation for the uniforms and salaries of crossing guards in front of Wilson School on Rockport Road, and Monroe School on South Pontiac Drive. City Manager Sheiffer referred the matter to Assistant City Manager Rogers, due to a conflict of interest (daughter attends Monroe School). Assistant City Manager Rogers proceeded to give a brief review. Councilmember Pierson moved to adopt Resolution 88-1114 as presented. Seconded by Councilmember Mittness. Councilmember Mittness moved to amend the resolution by adding $1,359 to hire more crossing guards for Jackson Street and Rockport Road. Motion died for lack of a second. After further discussion, Councilmember Mittness moved to amend the resolution by re- allocating $500 to the police department for the purpose of assigning an officer there for short periods of time to assist children crossing the street at this particular intersection. Motion died for lack of a second. A vote was then taken on the original motion and was adopted unanimously. (File Resolution No. 88-1114) 10. A proposed resolution vacating portions of South Walnut Street, Riverside Street, Mill Street and an alley was reviewed by City Manager Sheiffer. Council President McLean referred the matter to the Plan Commission for its report and recommendation and set the public hearing for 3 October 1988. No further action was taken. (File Resolution No. 88-1113) 11. Matters not on the Agenda. Councilmember Pierson cited the flooding that took place at the Crosby Avenue Bridge and stated that situation should be reviewed before work is started on Center Avenue Bridge next year. Councilmember Pulliam requested that the administration study and rp-part b.ack'.tQ Council the possibility of changing the criteria, as well as the Council Policy Statement, so that crossing guards could be authorized in an event that total hazard points of over 50 were attained regardless of the volume of children crossing. Council President -McLean joined in support of the request. There being no further business the meeting was adjourned at 9:12 p.m. These minutes are not official until approved by the City Council. Angelo Lamendola Deputy City Clerk -3-