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1988-10-31 Council MeetingPROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING 31 October 1988 Vol. 39 No. 15 APPROVED 14 November 1988 Regular meeting of the City Council of the City of Janesville, held in the Municipal Building 31 October 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 17 October 1988 were presented. Councilmember Pierson moved to approve the minutes of the regular meeting of 17 October 1988 as distributed. Motion was seconded by Councilmember Stehura and adopted by the following vote: Aye: Council President McLean, Councilmembers Pierson, Mittness, Stockwell, Stehura and Collins. Pass: Councilmember'Pulliam. Councilmember Pierson made a motion that the licenses, as listed on the license agenda and on file in the office of the City Clerk, be approved as presented. Motion seconded by Councilmember Stehura 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 ordinance, recommended for approval by the Plan Commission, amending the zoning code to add a portion of Memorial Drive to the list of streets which may be considered for establishment of a gasoline service station was given its second reading by title only and public hearing. Council President McLean opened the public hearing at 7:38 p.m. Attorney Jim Cripe, 153 Hillside Court, appeared on behalf of Jim Fitzgerald, owner of the property, and spoke in favor of the change to the zoning code. Karen Brunsell, 556 Harding St., appeared in opposition to the change in the zoning code and presented a petition with 56 names opposing the change. Gary Hayes, representing Kwik Trip, appeared and spoke in favor of the zoning code change. Councilmember Pierson moved to adopt Ordinance 88-593. Motion seconded by Councilmember Stockwell. Councilmember Stockwell moved to amend the ordinance by substituting Railroad Street for Parker Drive. Motion to amend seconded by Councilmember Stehura. Councilmember Collins stated he would not be voting, because of a possible conflict of interest. Motion to amend passed: Aye: Council President McLean, Councilmembers Pierson, Mittness, Stockwell, Stehura and Pulliam. Pass: Councilmember Collins. The original motion as amended passed by the following vote: Aye: Council President McLean, Councilmembers Pierson, Mittness, Stockwell and Stehura. Nay: Councilmember Pulliam. Pass: Councilmember Collins. (File Ordinance No. 88-593) 3. A proposed ordinance, recommended for approval by the administration, permitting the sale and consumption of wine coolers and similar state permitted alcohol beverages at temporary special Class "B" Fermented Malt Beverage licensed events, with a penalty as set forth in Janesville City Ordinance - Chapter 5.06, was given its second reading by title only and public hearing. Council President McLean opened the public hearing at 8:21 p.m. No one appeared. Councilmember Pulliam moved to adopt Ordinance 88-594. Motion seconded by Councilmember Collins. Councilmember Stockwell moved to amend the ordinance by deleting the following language in Section I, paragraphs I and II, "other alcohol beverages including, but not limited to," . Motion to amend seconded by Councilmember Collins. After some discussion, Councilmember Collins withdrew his second. Motion to amend was then seconded by Councilmember Mittness and passed by the following vote: Aye: Council members Mittness, Stockwell, Stehura and Pulliam. Nay: Council President McLean, Councilmembers Collins and Pierson. Council then voted on the main motion as amended and it was adopted by the following vote: Aye: Council President'McLean, Councilmembers Pierson, Stockwell, Stehura, Pulliam and Collins. Nay: Councilmember Mittness. (File Ordinance No. 88-594) 4. Approval of Certified Survey Map 88045-C, part of the SEz of Section 18, T.3N., R.13E., of the 4th P.M., City of Janesville, Rock County, Wisconsin. Councilmember Collins moved to approve Certified Survey Map 88045-C and waive the $890 for monies in -lieu -of parkland dedication. Motion seconded by Councilmember Stockwell. Councilmember Pierson moved to postpone action on said Certified Survey Map until the City has received a petition requesting rezoning of the property involved, and then the Certified Survey Map and rezoning could be acted on at the same time. Motion to postpone seconded by Councilmember Mittness, and passed by the following vote: Aye: Councilmembers Pierson, Mittness, Stockwell and Pulliam. Nay: Council President McLean, Councilmembers Stehura and Collins. (File CSM No. 88045-C) NEW BUSINESS 1. Recommendation of the Plan Commission. Approval of Certified Survey Map 88038-C, Lots 166, 167 and the Southeasterly # of Lot 165 of Smith, Bailey and Stone's Addition located in the NWj of the SEJ and the NEJ of the SWz of Section 36, T.3N., R.12E., of the 4th P.M., City of Janesville, Rock County, Wisconsin. Councilmember Stehura moved to approve Certified Survey Map 88038-C. Motion seconded by Councilmember Stockwell and adopted unanimously. (File CSM No. 88038-C) 2. Awarding of contract for Water Utility System Improvements. -2- Contract 1-88 Well Rehabilitation, Pumping Station Nos. 4 & 7 Municipal Well & Pump, Inc. - 1903 MacArthur Road, Waukesha, Wi. $ 83,470.00 Contract 2-88 General, Plumbing & Mechanical, Pumping Station Nos. 4 & 7 Gilbank Construction, Inc., 407 Church St., P.O.Box 718, Clinton,Wi. $169,400.00 Contract 3-88 Pumping Equipment, Pumping Station No. 4 Municipal Well & Pump, Inc., 1903 MacArthur Road, Waukesha, Wi. $ 54,645.00 Contract 4-88 Electrical - Pumping Station No. 4 & Systemwide SCADA Westphal & Company, Inc., 123 St. Mary's Court, Janesville, Wi. $346,450.00 Councilmember Stockwell moved that the contracts be awarded to the apparent low bidders as recommended by the Committee of Public Works. Motion seconded by Councilmember Collins and adopted unanimously. 3. A proposed ordinance changing the order of business at regularly scheduled meetings of the City of Janesville Common Council was introduced by Council President McLean and given its first reading by title only. A public hearing was set for 28 November 1988 at 7:30 p.m. (File Ordinance No. 88-596) 4. A proposed ordinance changing the zoning classification of land located at the southwest corner of Rockport Road and South Crosby Avenue within the City of Janesville 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. A public hearing was set for 28 November 1988 at 7:30 p.m. (File Ordinance No. 88-597) 5. Consideration of a request from Wisconsin Power and Light for the City to waive its Right of First Refusal for property at the southwest corner of Rockport Road and South Crosby Avenue. Council President McLean referred this matter to the Plan Commission and to the Parkland Acquisition Committee for a report and recommendation, and scheduled this item for the 28 November 1988 Council meeting. 6. The financial statement for the month of September 1988 was presented. Council - member Pulliam moved that the financial statement be accepted and placed on file for audit. Motion seconded by Councilmember Collins and adopted unanimously. 7. Review of 1989 Proposed City Budget. City Manager Sheiffer requested that the Council waive the "Notice of Special Meeting" for the budget review sessions on Thursday, 3 November 1988; Monday, 7 November 1988; Wednesday, 9 November 1988, and Thursday, 10 November 1988. Councilmember Pulliam moved that Council waive the "Notice of Special Meeting" for the above mentioned dates. Motion seconded by Councilmember Collins and passed unanimously. Council President McLean stated that straw votes would be taken on individual items in the budget and that the vote would stand, unless a Councilmember made a motion to change it before adoption of the budget. Council then reviewed the following budgets: City Council - page 50. Alliance of Cities dues were reduced $248.00. Councilmember Pierson requested that the adminis- tration explore the cost of replacing the City Councilmember's chairs. City Manager's Budget - pages 51 & 52, Clerk -Treasurer's Budget - pages 53 & 54, -3- Assessor's Budget - pages 55 & 56, City Attorney's Budget - pages 57 & 58, Finances Budget - pages 59 & 60, Personnell Budget - pages 61 & 62, Elections Budget - page 63. Councilmember Stockwell requested information from the City Clerk's Office on how the voter registration lists are purged, including a copy of the State Statutes. Budget discussion will continue on 3 November 1988. 8. Matters not on the Agenda. City Manager Sheiffer informed the Council that the State Department of Transportation had cancelled the traffic survey on North Parker Drive that was announced earlier in the news media. Mike King, Community Development Director, announced that the NBC Television Network will be filming a segment of "Unsolved Mysteries" in Janesville on Friday, 4 November 1988. 9. Consideration of a motion to convene into closed session, pursuant to Section 19.85 (1)(e), Wisconsin Statutes, for the purpose of deliberating or negotiating the potential purchase and/or sale of public property. Councilmember Stehura moved to convene into closed session pursuant to Section 19.85 (1)(e), Wisconsin Statutes, for the purpose of deliberating or negotiating the potential purchase and/or sale of public property. Motion seconded by Councilmember Pulliam and adopted unanimously. There being no further business, the meeting was adjourned into closed session at 10:03 p.m. These minutes are not official until approved by the City Council. Frank L. Spoden City Clerk -4-