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1987-07-13 Council MeetingPROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING 13 July 1987 Vol. 38 No. 8 Approved: 27 July 1987 Regular meeting of the City Council of the City of Janesville held in the Municipal Building 13 July 1987 at 7:30 p.m. Meeting was called to order by Council President Pulliam. Present: Council President Pulliam, Councilmembers Mittness, Collins, Stockwell, Stehura, Pierson and McLean. The minutes of the regular meeting of 29 June 1987 were presented. Councilmember McLean made a motion to approve the minutes of the regular meeting of 29 June 1987 as distributed. Motion was seconded by Councilmember Pierson and adopted unanimously. 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, except for bartender - original, Sean Glynn and taxi -cab driver, Everett R. Smith. Motion seconded by Council - member McLean 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. Mr. Robert Williams, 1607 South Arch St., appeared and talked about what he felt was a need for more sidewalk in the southwest area of the City. Pastor James R. Harrison, Janesville Wesleyan Church, and Reverend Russell Buck, District Superintendent of Wesleyan Church of Wisconsin, appeared and requested a ten-year agricultur- al deferment for curb and gutter and paving assessments on Lucerne Drive. 2. A proposed revised ordinance amending the zoning code to permit hotels and motels with- in the B5 District, and other amendments to the zoning code regarding outdoor cafes and beer gardens was given its second reading by title only and public hearing. Council President Pulliam opened the public hearing at 8:08 p.m. No one appeared. Councilmember McLean made a motion to adopt said ordinance as presented. Motion seconded by Councilmember Collins and adopted unanimously. (File Revised Ordinance No. 87-528) 3. A proposed ordinance, recommended for approval by the administration, requiring a new alcohol license for each substantial change in beneficial ownership of an alcohol licensed business, with a penalty of not less than $50 nor more than $500 together with the costs of prosecution, was given its second reading by title only and public hearing. Council President Pulliam opened the public hearing at 8:10 p.m. No one appeared. Councilmember McLean made a motion to adopt said ordinance as presented. Motion seconded by Councilmember Stockwell. Councilmember Collins made a motion to amend the ordinance by changing the percentage figure in Sec. 5.06.200 (B) and (C) from twenty percent (20%) to fifty percent (50%). Councilmember Pierson offered a friendly amendment to change the fifty percent (50%) to fifty-one percent (51%) which was accepted by Councilmember Collins. Motion to amend was seconded by Councilmember Pierson and failed by the following vote: Aye: Councilmembers Collins and Pierson. Nay: Council President Pulliam, Councilmembers Mittness, Stockwell, Stehura and McLean. The main motion was then voted on and adopted by the following vote: Aye: Council President Pulliam, Councilmembers Mittness, Stockwell, Stehura and McLean. Nay: Councilmembers Collins and Pierson. (File Ordinance No. 87-526) NEW BUSINESS Ia. A proposed resolution, recommended for approval by the Plan Commission, to accept and approve the final plat of Tamarack Subdivision located in the NEB of the SEz of Section 20 T.3N., R.13E., of the 4th P.M., City of Janesville, Rock County, Wisconsin. Council - member Stehura made a motion to adopt the resolution with the acceptance of land to satisfy the parkland dedication requirements. Motion seconded by Councilmember McLean and adopted unanimously. (File resolution No. 87-1005) 2. Authorization for Janesville Parker FFA Chapter to hold "River City Bazaar". Council - member Pierson made a motion to grant permission to the Janesville Parker FFA Chapter to hold the River City Bazaar on the parking plaza for ten consecutive Saturdays from 15 August to 17 October 1987 from 8:30 a.m. to 12:30 p.m. Motion seconded by Councilmember Stehura and adopted unanimously. 3. Authorization for the Janesville Fast Pitch Association to hold a special event at Dawson Park for financial gain on 18 July 1987. Councilmember McLean made a motion to grant permission to the Janesville Fast Pitch Association to hold a special event at Dawson Park on 18 July 1987. Motion seconded by Councilmember Stehura and adopted unanimously. 4. Appointments to committees, commissions and boards. City Manager Sheiffer submitted the name of Mr. Stan Darden, 2513 Lombard Av., to the Council for appointment as an alternate member of the Zoning Board of Appeals. Councilmember Stehura made a motion to appoint Mr. Stan Darden of 2513 Lombard Av. to a three-year term as an alternate member of the Zoning Board of Appeals. Motion seconded by Councilmember McLean and adopted unanimously. 5. Consideration of 1986 Audit Reports. Councilmember Stehura made a motion to accept the 1986 Audit Reports and take them under advisement. Motion seconded by Councilmember McLean and adopted unanimously. 6. Recommendation of the Committee of Public Works and awarding of contract for sidewalk replacement. Councilmember McLean made a motion to award Contract "H" - Sidewalk Replace- ment, TIF District #3 to the apparent low bidder, Schultz Construction Co. of 601 North Washington St., P.O. Box 18, Edgerton, Wi. 53534 in an amount of $54,983.75. Motion seconded by Councilmember Pierson and adopted unanimously. 7. Request for deferment of lateral costs and street assessments for Janesville Wesleyan Church. City Manager Sheiffer recommended that the Council first take action to waive Council Policy No. 33 and then take action on whether the deferment should be granted. Councilmember Pierson made a motion that Council Policy No. 33 be waived for the Janesville Wesleyan Church as it pertains to this request. Motion seconded by Council President Pulliam and passed by the following vote: Aye: Council President Pulliam, Councilmembers Pierson, Mittness, McLean and Stehura. Nay: Councilmembers Collins and Stockwell. Councilmember Pierson made a motion to grant a five-year agricultural deferment without interest, followed by a standard five-year payment plan with interest for the curb and gutter and paving assessment on Lucerne Drive for Janesville Wesleyan Church. Motion seconded by Councilmember McLean and adopted by the following vote: Aye: Council President -2- Pulliam, Councilmembers Mittness, Collins, Stehura, Pierson and McLean. Nay: Council - member Stockwell. 8. Waiver of special assessment procedure for storm sewer charges for Tamarack Subdivision. Councilmember McLean made a motion to approve the waiver of special assessment procedure for storm sewer charges on Tamarack Subdivision for Don McGrath. Motion seconded by Councilmember Pierson and adopted unanimously. 9. Matters not on the agenda. Councilmember Stehura commented on the list of alcohol beverage license holders, provided the Council, as requested by Councilmember Stockwell, showing the business agents' residency. City Manager Sheiffer said the administration would like to have the Council hold a study session to discuss the City's financial status and the Manager's proposed reorganization. After a short discussion, Council President Pulliam scheduled the study session for 29 July at 7:00 p.m. There being no further business, the meeting was adjourned at 9:11 p.m. These minutes are not official until approved by the City Council. Frank L. Spoden City Clerk -3-