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)
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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)
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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
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