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1984-04-30 Council MeetingPROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING 30 April, 1984 Vol. 35 No. 3 Approved with amendment 14 May, 1984 Regular meeting of the City Council of the City of Janesville, was held in the Municipal Building on 30 April, 1984 at 7:30 p.m. Present: Council President Stehura, Councilmembers Pierson, Terrill, Schmidt, Miles, Schroder and Jakoubek. The minutes of the regular meeting of 16 April, 1984 were presented. Councilmember Schmidt pointed out that on page 1, "Old Business" - item 1, paragraph 3, the words "or an administration center" should be deleted. Councilmember Miles made a motion to approve the minutes of the regular meeting of April 16, 1984 with the words "or an administration center" deleted. Motion seconded by Council - member Schroder and adopted by the following vote: Aye: Council President Stehura, Councilmembers Schmidt, Miles, Schroder and Jakoubek. Pass: Councilmembers Pierson and Terrill. The minutes of the Organizational Meeting of 17 April, 1984 were presented, Councilmember Pierson stated that the motion to nominate Councilmember Pierson to the Plan Commission showed the vote was unanimous; however, the motion passed with six Councilmembers voting in favor and Councilmember Pierson passing. Councilmember Miles made a motion to approve the minules of the Organizational Meeting of April 17, 1984 with the amendment. Motion seconded by Councilmember Schmidt and adopted unanimously. The minutes of the special meeting of 23 April, 1984 were presented. Councilmember Schmidt stated that under item 3 - the motion was made by Councilmember Miles and not by Council - member Schmidt. Councilmember Schroder made a motion tc approve the minutes of the special meeting of 23 April with the change. Motion seconded by Councilmember Miles and adopted unanimously. LICENSES Councilmember Miles made a motion that the license application, as listed on the License Agenda and on file in the office of the City Clerk, be approved and issued. Motion seconded by Councilmember Schmidt 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. Recommendation of the Plan Commission and public hearing on resolution vacating and discontinuing an access road along the south side of U. S. Highway 14 east of Pontiac Drive. Mr. Jack Fagan, owner of the described property, appeared at the public hearing and spoke in favor of the resolution. Councilmember Schmidt made a motion to adopt said resolution as presented. Motion seconded by Councilmember Miles and adopted unanimously. (File Resolution No. 84-707) 2. Recommendation of the Plan Commission and public hearing on a resolution vacating and discontinuing a portion of South Terrace Street was presented. No one appeared at the public hearing. Councilmember Miles made a motion to adopt said resolution as presented. Motion seconded by Councilmember Terrill and adopted unanimously. (File Resolution No. 84-708) 3. Public hearing atd Final Resolution on $9,400,000.00 Pollution Control Industrial Revenue Bonds for General Motors Assembly Division. Council President Stehura introduced the Final Resolution on $9,400,000 Pollution Control Industrial Revenue Bonds for General Motors Assembly Division and asked City Manager Deaton if he would review the resolution. The City Manager stated that the administration had received instructions from King and Spaulding, bond counsel, regarding the amendment of Resolution Number 84-724. The City Manager then informed the Council of the amendments which were to be made to Resolution Number 84-724. The total amount of the bond was to be amended from $9,400,000 to $9,200,000. This amendment was to be made to the introduction to the bond resolution, to the fifth WHEREAS clause on page 1, to Section 4. on page 2, and to the Clerk -Treasurer's Certificate. The City Manager then read several WHEREAS clauses which were to be added to follow the last WHEREAS clause on page 2, immediately before the phrase that reads "NOW, THEREFORE, BE IT RESOLVED, as follows: ." The additional WHEREAS clauses are as follows: " WHEREAS, notice of the intention of the Issuer to hold a public hearing at its regular meeting on April 30, 1984, with respect to the proposed issuance of the bonds was published in the Janesville Gazette, a newspaper having a general circulation in the city of Janesville, on April 14, 1984; and WHEREAS, the Issuer has afforded an opportunity to all persons desiring to be heard on the question of the proposed issuance of the bonds at said public hearing; and WHEREAS, the Issuer has heard from all persons requesting to be heard on the question of the proposed issuance of the bonds, and the City Council finds that there was no evidence presented as to why the bonds should not be issued; and WHEREAS, the Issuer has been advised by King & Spalding, Atlanta, Georgia, bond counsel with respect to the Bonds, that Section 103(k) of the Internal Revenue Code of 1954, as amended, provides that the governmental unit having jurisdiction over the issue of industrial development revenue bonds and over the area in which any project financed with the proceeds of the industrial development revenue bonds is located, shall approve the issuance of such revenue bonds following the holding of such public hearing; and WHEREAS, the City Council constitutes the elected legislative body of the City of Janesville, Wisconsin, in which the Project is located." The City Manager then read an amendment which contains language that is to substitute for the language set forth in Section 1, which immediately follows the phrase "NOW, THEREFORE, BE IT RESOLVED, as follows:". The substitute language is as follows: it Section 1. Approval Required to Comply with :3,'103(k) of Internal Revenue Code; Authority for Bond Resolution. (a) The financing of the Project through the issuance of the Bonds here- inafter authorized is hereby approved to the extent required by %103 (k) of the Code. (b) This Bond Resolution is adopted pursuant to the provisions of the Act." Council President Stehura opened the public hearing. Mr. Donald Doering of 2126 Mt. Vernon Avenue asked where this new facility would be located, and was told by City Manager Deaton that the information Mr. Doering was looking for should come from General Motors. Mr. Maurice Frey, plant engineer for General Motors in Janesville, stated that the plan is to locate the facility on 82 acres of land located at the bottom of the hill from the Vets Club. Councilmember Schmidt made a motion to adopt Resolution Number 84-724, with the amendments mentioned by the City Manager. The motion was seconded by Councilmember Pierson and passed unanimously. -2- 4. Requests and comments from the public on matters which can be affected by Council action. Mr. Donald Doering of 2126 Mt. Vernon, an unsuccessful candidate for Councilmember in the April 3rd spring election, told the Council that he was interested in keeping his campaign pledges and asked the Councilmembers for their consideration in the following matters: 1) a 5% reduction in salary as well as no merit increase in July, 1984 for city attorney and department heads. No merit increase until July 1986. 2) if the Assistant City Manager position is not discontinued a $10,000 pay reduction to bring the salary in line with the position; 3) Councilmembers to advise the administration to increase user fees of $10.00 per hour and 25 cents per person at the swimming pool; and 4) the Council to ask for the resignation of the City Manager. 5. Further consideration of proposed ordinances annexing and rezoning of a 71.3 acre parcel of land at the southwest corner of Highway 11 and Wright Road was postponed until the Council meeting of May 14 by Council President Stehura. This postponement was requested by the owners of the property. - (File Ordinances No. 84-370 and 84-371) NEW BUSINESS 1. Appointments to committees, commissions, boards and authority made by the City Manager or Council President and subject to confirmation by the City Council. Committee of Public Works for a term of 1 year - Thomas Stehura, Dr. J. R. Schroder and George Jakoubek. Transportation Committee for a term of three years - Merlin Kanter, and for a term of 1 year - Thomas Stehura, Chrmn., James Terrill and Mary Schmidt. Park- land Acquisition Committee for a term of 1 year - Bruce Pierson, Chrma,, James Terrill and Dr. J. R. Schroder. Golf Advisory Committee for a term of 3 years - Jean Brown and Mary Schmidt, Liquor License Advisory Committee for a term of 3 years - Robert Krohn and Ron Fraser, and a 1 year term as Chairman, Mike Miles. Community Development Authority for a term of 4 years - Ed Pulliam, and 2 years term - James Terrill and George Jakoubek. Board of Zoning Appeals for a term of 3 years - Jewel Liebenstein (Alternate No. 1), Bruce Monson (Alternate No. 2), Walden Thiede and Warren Kukla. Citizens Board of Review for a term of 5 years - John Macdonald. Janesville Historic Commission for a term of 3 years - Duane Rath and Thomas Jeffris. Library Board for a term of 3 years - Alan Bates and William Lee. Janesville Industrial Development for a term of 1 year - Dr. J. R. Schroder. Committee on Aging for a term of 1 year - George Jakoubek. Leisure Services Advisory Committee for a term of 3 years - Roger Schwartz, David MacDougall and Beverly Stuka; for a term of 2 years - David Johnson, Leo Anderson and David Soderberg; and for a term of 1 year - Frank Stratton, Connie Sattel, Eugene Lawrence and Thomas Stehura. Councilmember Schroder made a motion to approve the appointments to the committees, commissions, boards and authority as submitted by the Council President and the City Manager. Motion seconded by Councilmember Miles and adopted unanimously. 2. Recommendations of the Plan Commission: a) Final Certified Survey Map 84010-C of land located at the southwest corner of I-90 and Highway 14. This is approximately 15 acres in size and is zoned B4, Business Highway, and since the survey involves the dedication of a street and easements, City Council approval is necessary. Councilmember Schroder made a motion to accept the dedications and approve Certified Survey Map 84010-C. Motion seconded by Councilmember Miles and adopted unanimously. (File CSM No. 84010-C) b) Final Certified Survey Map 84012-C of land located at 1621 West Court Street. This is 30,500 square feet in size and is zoned B3, General Commercial and since the Survey involves dedication of easements, City Council approval is necessary. Councilmember Miles made a motion to accept the dedication and approve Certified Survey Map 84012-C. Motion seconded by Councilmember Schroder and adopted unanimously. (File CSM No. 84012-C) 3. The request by the Downtown Merchants Council to hold their Annual Flea Market on Saturday, June 9 was presented by City Manager Deaton. Councilmember Miles made a motion to grant the request by the Downtown Merchants Council to hold their Annual Flea Market on June 9th. Motion seconded by Councilmember Terrill and adopted unanimously. 4. A proposed ordinance, changing the zoning classification of land located south of U.S. Highway 14 and adjoining I-90 was referred to the Plan Commission for its report and recommendation, after being introduced by Council President Stehura and given its first read- ing by title only. A public hearing was set for June 11, 1984 at 7:30 p.m. (File Ordinance No. 84-378) -3- 5. Recommendation of the Committee of Public Works and awardingg of contract for Janes- ville -Rock County Landfill was postponed until the May 14, 1984 Council Meeting by Council President Stehura. 6. Consideration of authorizing the administration to pay dues to the Wisconsin Alliance of Cities. City Manager Deaton explained the dues are $2,783.00 and were provided for in the budget, but the administration had been directed not to make this payment until Council approved. City Manager Deaton explained the goals and objectives of the Wisconsin Alliance of Cities. Councilmember Terrill asked if the dues were based on the population and was told by the City Manager that dues are based on the equalized value. Councilmember Miles made a motion to approve the allocation of $2,783.00 for 1984 dues to the Wisconsin Alliance of Cities. Motion seconded by Councilmember Jakoubek and adopted unanimously. 7. The Financial Statement for the month of February was presented. Councilmember Schroder made a motion that the Financial Statement be accepted and placed on file for audit. Motion seconded by Councilmember Miles and adopted unanimously. 8. City Manager Deaton presented the Waiver of Special Assessment Notices and Hearings for storm sewer assessments for Hamilton Heights First Addition. This request was made by Donald F. Marklein for a total assessment of $13,391.75 covering 15.755 acres. Councilmember Schroder made a motion to accept the Waiver of Special Assessment Notices and Hearings and levying the assessment of $13,391.75. Motion seconded by Councilmember Schmidt and adopted unanimously. 9. City Manager Deaton presented a request from the Mulrooney Moving and Storage Company, Inc. for permission to close West Wall Street for the purpose of holding a public auction on Saturday, 12 May, 1984. Councilmember Miles made a motion to allow Mulrooney Moving and Storage Company, Inc. to close West Wall Street on Saturday, 12 May, 1984. Motion seconded by Councilmember Schmidt and adopted unanimously. 10. Matters not on the Agenda. Councilmember Miles inquired about the progress of the ordinance that was proposed by the Ad Hoc Animal Control Committee and was told by the City Attorney that the ordinance would be presented for Council consideration in 30 days. Councilmember Miles inquired about repairs to the railroad crossing on North Parker Drive near the,Owen Vending office and the railroad crossing on Rockport Road that needed repair. City Engineer Ron Beatty stated that these two improvements would be included in Public Works Program Number 2. Council President Stehura requested the administration hold a study session on the financial statement. Council President Stehura asked that the Councilmembers contact him with their input regarding the 1985 budget process. Council President Stehura presented the request of Donald Emerson for approval of an Amusement Center License for his new business (Trax Complex, Inc.) Councilmember Schroder made a motion to grant the license for Amusement Center to Donald Emerson, on condition that all necessary inspections were approved. The hours of this license would be for the same hours the tavern would be open. Motion seconded by Councilmember Miles and adopted unanimously. There being no further business, the meeting was adjourned at 8:35 p.m. These minutes are not official until approved by the City Council. Angelo Lamendola Deputy City Clerk Chambers and Owen office -4-