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1987-06-29 Council MeetingPROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING 29 June, 1987 Vol. 38 No. 7 Approved: 13 July 1987 Regular meeting of the City Council of the City of Janesville, held in the Municipal Building 29 June 1987 at 7:30 p.m. Council President Pulliam called the meeting to order. Present: Council President Pulliam, Councilmembers Mittness, Collins, Stockwell, Stehura, Pierson and McLean. The minutes of the regular meeting of 15 June 1987 were presented. Councilmember Collins made a motion to approve the minutes of the regular meeting of 15 June 1987 as distributed. 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 and issued as presented. Motion 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. Reverend James R. Harrison of the Wesleyan Church requested a deferment for the laterals, curb and gutter and also for the paving that has been levied against the church property located on the northeast corner of Clover Lane and Lucerne Dr. He was told to make a written request to the City Manager for placement in two weeks on the Council Agenda. Councilmember Mittness reviewed the history and background of the Declaration of Independ- ence and also read an excerpt from the Declaration of Independence. He asked that the citizens reflect on the meaning of the Fourth of July and to exercise our duties as citizens of a free nation by voting, by running for office at all levels and to serve on committees and commissions when asked. He continued by urging everyone to be more aware of our liberties and to cherish our freedom so as not to lose it. 2. A proposed ordinance annexing territory in Section 8, T.3N., R.13E., Town of Harmony, Rock County, Wi. was presented by Council President Pulliam. He informed the Council that the petitioner for this annexation had requested to withdraw the petition, so a motion to table or postpone Ordinance No. 87-520 and the ordinance (87-521) dealing with the zoning of such annexation would be in order. Councilmember McLean made a motion to postpone Ordinance No. 87-520 indefinitely. Motion seconded by Councilmember Pierson and adopted by the following vote: Aye: Council President Pulliam, Councilmembers Collins, Stockwell, Pierson and McLean. Pass: Councilmember Mittness. (File Ordinance No. 87-520) 3. A proposed ordinance establishing the zoning of land located along East Rotamer Road and State Highway 26 within the City of Janesville. Councilmember McLean made a motion to postpone Ordinance No. 87-521 indefinitely. Motion seconded by Councilmember Pierson and adopted unanimously. (File Ordinance No. 87-521) 4. A proposed ordinance repealing the inspection and licensing of food and drink handlers, candy and related items vending/dispensing machines, and City health department was given its second reading by title only and public hearing. No one appeared for the public hearing which was followed by a review of this ordinance by City Manager Sheiffer. Councilmember Collins made a motion to adopt Ordinance 87-524 including the amendments as outlined in the memo dated 24 June 1987. Motion seconded by Councilmember Mittness and adopted by the following vote: Aye: Council President Pulliam, Councilmembers Mittness, Collins, Pierson and McLean. Nay: Councilmembers Stockwell and Stehura. (File Ordinance No. 87-524) 5. A proposed ordinance, recommended for approval by the Liquor License Advisory Committee, requiring that the corporate alcohol license agent be a resident of the City of Janesville was given its second reading by title only and public hearing. No one appeared for the public hearing. City Manager Sheiffer gave a brief review why the Committee proposed the ordinance. Councilmember McLean made a motion to adopt Ordinance 87-525. Motion seconded by Councilmember Stehura. This was followed by a discussion as to what was meant by a corporate agent and if a partnership and sole ownership required agents. Councilmember Stockwell made a motion to postpone the ordinance until later in the meeting. Motion seconded by Councilmember Stehura and passed unanimously, during which time the City Attorney reviewed this matter. Police Chief Voelker informed the Councilmembers that he did not have problems with sole ownership or partnerships, but he did have problems with corporations, since at times they could not get in contact with the agent or officers. The City Attorney informed the Council that partnership and sole owners had to be residents of the State of Wisconsin for 90 days, and the ordinance applies to agents of corporations only. A vote was then taken on the original motion and was adopted by the following vote: Aye: Council President Pulliam, Councilmembers Mittness, Collins, Stockwell, Stehura and McLean. Absent at the time of the vote was Councilmember Pierson. (File Ordinance No. 87-525) Councilmember Stockwell requested the Liquor License Advisory Committee to address the issue of requiring residency for sole proprietors and partnerships, when the Committee has the opportunity to do so. 6. A proposed resolution modifying Resolution No. 87-995 - 1987 Sidewalk Improvement Program to delete the sidewalk on the east side of North Lexington Drive from Holiday Drive to Old Humes Road was presented by Councilmember Collins and reviewed by him. Councilmember Collins then made a motion to adopt Resolution No. 87-1006 as presented. Council President Pulliam stated that he would pass on this issue to be consistent with his past participation on this issue, and that this resolution would require five affirmative votes, since it involves amending a resolution previously adopted. Motion was seconded by Councilmember Stockwell and failed by the following vote: Aye: Councilmembers Collins, Stockwell, Pierson and McLean. Nay: Councilmembers Mittness and Stehura. Pass: Council President Pulliam. (File Resolution No. 87-1006) NEW BUSINESS Ia. Recommendation of the Plan Commission. A proposed ordinance amending the zoning code to permit hotel and motels within the B5 District, and other amendments to the zoning code regarding outdoor cafes and beer gardens was reviewed by City Manager Sheiffer. Councilmember Stockwell suggested that the term "automobiles" be changed to "vehicle". It was then introduced by Council President Pulliam and given its first reading by title only. A public hearing was set for 13 July 1987 at 7:30 p.m. (File Ordinance No. 87-528) -2- 2. City Manager Sheiffer presented the claim of Joshua Roehl and recommended to disallow the claim and to list all of the names as part of the motion. Councilmember McLean made a motion to disallow the claims of Joshua Roehl, Bradley Roehl and Verlene Roehl as sub- mitted to the City of Janesville on 26 May 1987. Motion seconded by Councilmember Stockwell and adopted unanimously. 3. City Manager Sheiffer presented the request from the YMCA to hold an invitational swim meet at Rockport Pool for financial gain on July 18 & 19, 1987. Councilmember Stehura made a motion to grant the request for the YMCA to hold an invitational swim meet at Rock- port Pool for financial gain on 18 & 19 July 1987 as presented. Motion seconded by Councilmember Mittness and adopted unanimously. 4. City Manager Sheiffer presented the waivers of special assessment procedure for storm sewers for Sherwood Hills West being developed by Marklein Builders and Wuthering Hills N.W. being developed by Wellnitz Builders. Councilmember Collins made a motion to approve the waiver of special assessment procedure for storm sewers for Sherwood Hills West and Wuthering Hills N.W. as presented. Motion seconded by Councilmember Stockwell and adopted unanimously. 5. A proposed Initial Resolution for Industrial Revenue Bond for Midland Steel, including the waiver of public bidding requirements not to exceed $10,000,000 was reviewed by City Manager Sheiffer. Council President Pulliam announced that the resolution did not waive non-discrimination requirements as had been shown on the Agenda. Councilmember Collins made a motion to adopt said resolution as presented. Motion seconded by Councilmember McLean and adopted unanimously. (File Resolution No. 87-1007) 6. The finance statement for the month of May 1987 was presented. Councilmember Stehura made a motion that the financial statement be accepted and placed on file for audit. Motion seconded by Councilmember McLean and adopted unanimously. 7. City Manager Sheiffer presented the recommendation of the Committee of Public Works to award the contract for new sidewalks to Schultz Construction Company of 601 Washington Street, Edgerton, Wi. in an amount of $31,702.50. Council President Pulliam made a motion to accept and award the bid of Schultz Construction Co. for $31,702.50, as recommended by the Committee of Public Works. Motion seconded by Councilmember McLean and adopted unani- mously. 8. A proposed ordinance, recommended for approval by the Liquor License Advisory Committee, requiring a new alcohol license for each substantial change in the beneficial ownership of an alcohol licensed business was introduced by Council President Pulliam and given its first reading by title only and the public hearing was set for 13 July 1987 at 7:30 p.m. (File Ordinance No. 87-526) 9. City Manager Sheiffer introduced City Engineer Ron Beatty and Fire Chief Art Stearns. They made a presentation of the plans for the fire training classroom building and answered questions from Councilmembers. No action was taken. 10. City Manager Sheiffer presented the name of Larry Everhart of 734 Lyndhurst Drive for an appointment to a three-year term as an alternate member of the Board of Zoning Appeals. Councilmember Collins made a motion to approve the appointment of Larry Everhart as an alternate member of the Board of Zoning Appeals. Motion seconded by Councilmember Stehura and adopted by the following vote: Aye: Council President Pulliam, Councilmembers Mittness, Collins, Stockwell, Stehura and Pierson. Absent at the time of the vote: Councilmember McLean. 11. A proposed ordinance to rezone properties at 232-234 North Terrace St. from R2 to R3 was introduced by Council President Pulliam 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 27 July 1987 at 7:30 p.m. (File Ordinance No. 87-529) -3- 12. Matters not on the Agenda. There were none. There being no further business, the meeting adjourned at 9:13 p.m. These minutes are not official until approved by the City Council. Anbelo Lamendola Deputy City Clerk -4-