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1987-04-13 Council MeetingPROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING April 13, 1987 Vol. 37 No. 58 Approved 18 May 1987 Regular meeting of the City Council of the City of Janesville, held in the Municipal Building 13 April 1987 at 7:30 p.m. The meeting was called to order by Council President Pierson Councilmember Stehura lead the Pledge of Allegiance Present: Council President Pierson, Councilmembers Collins, Pulliam, Miles, Stehura and McLean. Absent: Councilmember Stockwell. The minutes of the regular meeting of 30 March 1987 were presented. Councilmember Miles made a motion to approve the minutes of the regular meeting of 30 March 1987 as dis- tributed. Motion seconded by Councilmember Stehura and adopted unanimously. Councilmember Miles made a motion that the licenses, as listed on the license agenda and on file in the office of the City Clerk, be approved and issued as presented, with the exception of the application of Michael Unseth which was not recommended by the Liquor License Advisory Committee. Motion seconded by Councilmember McLean. Councilmember Stehura made a motion to amend the hours for the Playhouse Arcade, an amusement center, for Monday, Thursday and Friday to open at 3:15 p.m. rather than to open on Monday and Thursday at 2:30 p.m. and Friday at 12 noon. Motion seconded by Councilmember Miles. After further discussion, Councilmember Stehura withdrew his motion and Councilmember Miles withdrew his second. A vote was taken on the original motion 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 reason- able times.) SPECIAL RECOGNITIONS Council President Pierson presented a Special Recognition to Councilmember Miles for his twelve years service to the City of Janesville as a Councilmember and all the various committees he has served on during this time. Councilmember Stehura made a motion to adopt the Resolution of Commendation. Motion seconded by Councilmember McLean. Council President Pierson requested that approval be shown by a standing ovation. It was. Acting City Manager Rogers presented a Commendation siting former Acting City Manager Jerold P. Franke for his seven years service to the City of Janesville. Councilmember Miles made a motion to adopt the Certificate of Commendation as presented. Motion seconded by Councilmember Stehura. Council President Pierson requested that the Council show approval by a standing ovation. It was. Referrals to the Plan Commission. Council President Pierson referred the following item to the Plan Commission for a recommendation and report. Ordinance No. 87-515 proposing amendments to the Zoning Ordinance to allow private outdoor recreational activity was given its first reading by City Attorney Hoesly. Council President Pierson set the public hearing for 18 May 1987. OLD, BUSINESS 1. A proposed ordinance permitting, with restrictions, projecting signs in Sign Overlay District D (downtown) was presented by Acting City Manager Rogers and given its second reading by title only and public hearing. No one appeared for the public hearing. Councilmember McLean made a motion to adopt Ordinance 87-514 as presented. Motion seconded by Councilmember Miles. Councilmember Collins made a motion to amend the motion by deleting item 3 of the ordinance. Motion seconded by Councilmember McLean and failed by the following vote: Aye: Councilmembers Collins, Miles and McLean. Nay: Council President Pierson, Councilmembers Pulliam and Stehura. Councilmember Collins then made a motion further amending the motion by deleting item 7 of the ordinance. Motion seconded by Councilmember Miles and passed by the following vote: Aye: Council President Pierson, Councilmembers Collins, Miles and McLean. Nay: Councilmembers Pulliam and Stehura. Councilmember Miles made a motion to delete item number 10 of the ordinance. Motion seconded by Councilmember McLean and failed by the following vote: Aye: Council President Pierson, Councilmembers Miles and McLean. Nay: Councilmembers Collins, Pulliam and Stehura. Councilmember Miles made a motion to further amend the ordinance by deleting item number 12. Motion seconded by Councilmember McLean and adopted by the following vote: Aye: Council President Pierson, Councilmembers Collins, Miles and McLean. Nay: Council - members Pulliam and Stehura. Councilmember Pulliam urged the Council to defeat the adoption of the ordinance. Councilmember McLean made a motion to amend item 10 of the ordinance to read: "Project- ing signs shall contain only the business name and may contain the name of the type of service that the business provides." Motion seconded by Councilmember Miles and adopted by the following vote: Aye: Council President Pierson, Councilmembers Pulliam, Miles, Stehura and McLean. Nay: Councilmember Collins. After further discussion, a vote was taken on the original motion with amendments and failed by the following tie vote: Aye: Councilmembers Collins, Miles and McLean. Nay: Council President Pierson, Councilmembers Pulliam and Stehura. (File Ordinance No. 87-514) 2. A proposed ordinance, repealing and recreating Chapter 5.56 regulating the practice of massage and the administration of massage establishments, was reviewed by Acting City Manager Rogers, and given its second reading by title only. The public hearing was opened and the following persons appeared: Donna May - 1519 Primrose Lane, and Barbara Coleman in favor of the ordinance. Rev. David Newcomb of 2323 Claremont Dr. and Delbert Diehl of 1727 Cottonwood Dr. opposed. Councilmember Miles made a motion to adopt the ordinance as presented. Motion seconded by Councilmember McLean. Councilmember Miles made a motion to amend the ordinance under Section 5.56.080 (C) by deleting "registration book" to "record". Motion seconded by Councilmember McLean and adopted by the following vote: Aye: Council President Pierson, Councilmembers Collins, Miles and McLean. Nay: Councilmembers Pulliam and Stehura. Councilmember Miles made a motion to amend Section 5.56.080 (G) to read "unless acting under the written prescription of a licensed physician and any such peescription shall be kept on file for a period of seven years." Motion seconded by Councilmember -2- McLean and adopted by the following vote: Aye: Council President Pierson, Council - members Pulliam, Miles, Stehura and McLean. Nay: Councilmember Collins. Councilmember Pulliam made a motion to amend Section 5.56.100 by deleting all the words after the word "displayed" and insert "on the licensed premises." Motion seconded by Councilmember Miles and adopted unanimously. A vote was then taken on the original motion with the amendments and adopted by the following vote: Aye: Council President Pierson, Councilmembers Collins, Pulliam, Miles and McLean. Nay: Councilmember Stehura. (File Ordinance No. 87-513) 3. Requests and comments from the public on matters which can be affected by Council action. No one appeared. NEW BUSINESS Ia. Acting City Manager Rogers reviewed the one lot survey located on Robert Drive. Councilmember Stehura made a motion to approve Certified Survey Map 87010-C which includes the waiver of the parkland dedication requirements. Motion seconded by Council - member Miles and adopted unanimously. (File CSM No. 87010-C) lb. Licensed sign erectors. Council President Pierson stated that no action was required for the licensed sign erectors at this time. 2. Acting City Manager Rogers presented a brief review of the proposed Council Policy Statement amendment for special assessments for public works improvement. Council - member Pulliam made a motion to cancel Council Policy Statement No. 10 and adopt the Council Policy Statement presented. Motion seconded by Councilmember Miles. Councilmember Collins made a friendly amendment to delete the words in Section 1 F in parenthesis "(the normal assessment)". This amendment was accepted by Councilmembers Pulliam and Collins. Councilmembers then voted on the original motion with the amend- ment. It was adopted unanimously. 3. Request of Janesville Figure Skating Club for a speed skating exhibition at the Ice Arena on Saturday, 18 April 1987 was presented by Acting City Manager Rogers. Councilmember Pulliam made a motion to grant the request of the Janesville Figure Skating Club to hold a speed skating exhibition at the Ice Arena 18 April 1987. Motion seconded by Councilmember McLean and adopted unanimously. 4. Acting City Manager Rogers presented the request from the Blackhawk Autocar Club to hold their Third Annual Hill Climb on 3 May 1987 between the hours of noon until 4:00 p.m. at Riverside Park. Councilmember Pulliam made a motion to grant the use of Riverside Park by the Blackhawk Autocar Club on 3 May 1987 between the hours of 12:00 noon until 4:00 p.m. for the Third Annual Hill Climb. Motion seconded by Councilmember Miles and adopted unanimously. 5. The financial statement for the month of February 1987 was presented. Councilmember Miles made a motion that the financial statement be accepted and placed on file for audit. Motion seconded by Councilmember McLean and adopted unanimously. 6. Council President Pierson announced that the time for the Council's Organizational Meeting would be at 7:30 a.m., 21 April 1987. 7. Matters not on the Agenda. Councilmember Collins was being done at Kiwanis Pond (formerly Atlas Pit). to Mr. :Tom Presny who informed the Councilmembers what landscaping that is to be done. Councilmember Collins that was what he had voted on. asked about the type of work that Acting City Manager Rogers referred has been done and the planned stated that he did not realize -3- `8. Council President Pierson stated that he would consider a motion to convene in closed session for the purpose of considering the sale of public property under Wisconsin State Statute Section 19.85 (1)(e), and would not reconvene in open session. Councilmember Miles made a motion to convene in closed session for the purpose of considering the sale of public property under Wisconsin Statute Section 19.85 (1)(e) Motion seconded by Councilmember Pulliam and adopted unanimously (without Councilmember McLean voting, because he had left the room). There being no further business, the meeting adjourned at 10:35 p.m. to reconvene in closed session in Room 406. These minutes are not official until approved by the City Council. Angelo Lamendola Deputy City Clerk -4-