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1983-07-11 Council Meeting,_`PkOCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING 11 July, 1983 Vol. 34 No. n Regular meeting of the City Council for the City of Janesville was held in the Municipal Building on 11 July, 1983. Present: Council President Schroder, Councilmembers Jakoubek, King, Stehura, Bolton, Miles and Schmidt. The minutes of the regular meeting of 27 June, 1983 were presented. Councilmember Bolton made a motion to approve the minutes of the regular meeting held June 27, 1983 as distributed. Motion was seconded by Councilmember Miles and adopted by the following vote: Aye: Council President Schroder, Councilmembers Jakoubek, King, Stehura, Bolton and Miles. The minutes of the special meeting held 29 June, 1983 were presented. Councilmember Miles made a motion to approve the minutes of the special meeting of 29 June as distributed. Motion seconded by Councilmember Schmidt and adopted unanimously. LICENSES 1. Councilmember Stehura made a motion that all licenses on the license agenda.be approved and -issued except the bartender (original) application of Gary Burns, and bartender (renewal) applications.of Thomas Bolton and Mary Schmidt, as well as Class "B" intoxicating liquor and fermented malt beverage for Bruce.Monson d/b/a "The Office" for relocation. Motion seconded by Councilmember Bolton and adopted unanimously. Assistant City Manager Wentzloff told the Council that Mr. Monson had withdrawn his request for a transfer. 2. Councilmember Stehura made a motion that the following license applications be approved and issued: Bartender (renewal) for Thomas Bolton and Mary Schmidt. Councilmember Miles seconded the motion and it was adopted by the following vote: Aye: Council President Schroder, Councilmembers Jakoubek, King, Stehura and Miles. Pass: Councilmembers Bolton and Schmidt. 3. Councilmember Bolton made a motion to set a date for a special meeting to consider the application of UAW Local 95 for a special event two day beer only license. Motion Seconded by Councilmember Schmidt. City Attorney Hoesly stated it was not necessary to make a motion for a special meeting, Councilmembers can simply request a special meeting. Councilmember Stehura, a member of the Liquor License Advisory Committee, told the Council that the application of UAW Local 95 did not meet the required 15 day waiting period from the time application was filed, July 1, until the Council could grant the license. Council President Schroder said he would set a special meeting for the week of July 18th to consider UAW's request for a two day beer only license. (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.) REQUESTS AND COMMENTS FROM THE PUBLIC ON MATTERS WHICH CAN BE AFFECTED BY COUNCIL ACTION No one appeared. ORDINANCES 1. A proposed ordinance annexing territory in Sections 13 and 14 located on U.S. Hwy. 51 south of Sportsman's Park in the Town of Janesville, recorimiended by the Plan Corimission, was given its second reading by title only and public hearing. Assistant City Manager Dan Wentzloff presented the administration's views on the annexation - and mentioned that Mr. Peter Jacobs, trustee for the Hemningway Estate, and Mr. George Mark, the developer, would present their views and answer any questions. George Mark, who has been retained by the Hemmingway Estate to develop the proposed annexation, told the Council that the property would be developed as a residential area and wanted the annexation for the use of City water and sewer, since the soil in the area is not conducive to onsite waste treatment facilities. Mr. Marks went on to say the location was excellent and had a good potential for north -side development. When Councilmember Miles questioned Mr. Marks about the subdivision to the south having problems with their septic tanks, because of the soil in that area, Mr. Marks answered he did not know. T-he County Planning Dept. had indicahed to him the condition of the heavy soil in his proposed subdivision. Councilmember Bolton questioned the price range and was told by Mr. Mark that the land and improvements would be in the $100,000 plus range for each lot. Councilmember Jakoubek wanted to know if the land was developed as a rural subdivision would the lots be larger. Mr. Mark said they would. Councilmember Stehura questioned Mr. Mark :.bout 'che locatid.n of the green belt.. Mr. Mark described the area and Assistant City Manager Wentzloff pointed out that 13 acres would be donated by the developers. Mr. Ed Marshall, Chairman of the Janesville Township, appeared in opposition to the annexation and presented to Council a petition he said was signed by over 90 percent of the property owners adjoining the proposed site objecting to the annexation. He stated these citizens were concerned about: 1) their belief that the annexation would create an island, 2) the loss of about $3,000,000 in tax base, and 3) that the MPO (Metropolitan Planning Organization) was working on a plan for the Janesville Township and they felt the City should not take any action until the plan was finalized. Mr. Marshall commented on the high cost of development per acre for the area north of the City of Janesville. When Councilmember Miles asked Mr. Marshall to elaborate on this high cost for development of the north section, Mr. Marshall presented cost figures for several areas that have been developed by the MPO Board. Councilmember Miles stressed the fact to Mr. Marshall, that unless a majority of the landowners in an area wished to become citizens of Janesville, the area could not be annexed. Since Mr. Marshall had been under the impression that the City could take the land into the City if they desired, City Attorney Hoes!- explained the differences in annexations. Attorney Hoesly also stated she understood that this annexation would not create an island. Council President Schroder told Mr. Marshall the annexation would not create an island. Councilmember Stehura questioned the tax base loss to the Township by annexation and Mr. Marshall answered that based on Mr. Mark's figures, after being fully developed the amount would be over $3,000,000. Mr. Russell French, 2306 North Parker Drive, was afraid North Parker Drive would become an island. Mr. French said there are not been any septic tank problems and annexation was not necessary. The Township needed to keep the development. Marie Brown, 1713 North Parker Drive, gave several reasons why she felt the residents of the City of Janesville should object to the annexation, but,.did agree with Council President Schroder that the same objections would follow if developed by the Town of Janesville. Donald Doering of 2126 i°st. Vernon asked Chief of Police Voelker if he had considered 'now his department planned to protect this area. Chief Voelker stated he had not had time to study the situation. Mr. Doering also.questioned if the City had given any thought to the cost of services for the proposed annexation and Council President Schroder said cost figures had been developed by the administration and given to Council, then presented Mr. Doering with a copy of the cost figures. Robert Mielke of 1722 north Parker Drive said he had circulated the petition and thought the City was taking too much land from the Township. There being no more discussion, Council President Schroder made a motion to adopt said ordinance as presented. Motion died for lack of a second. (File Ordinance No. 83-337) 2. A proposed ordinance, recommended for approval by the Plan Commission, to establish the zoning classification of land located on U. S. Highway 51, south of Sportsman's Park was not acted on since it could have gone into effect only after the annexation of the Town of Janesville property proposed in Ordinance No. 83-337. 3. A proposed ordinance, recommended for approval by the administration, amending the list of streets required to yield to other designated streets, was given its second reading by title only and public hearing. No one appeared for the public hearing. Councilmember Miles made a notion to adopt said ordinance as presented. Motion seconded by Councilmember Bolton and adopted unanimously. (File Ordinance No. 83-339) 4. A proposed ordinance, recommended by the Plan Commission, and requested by Mr. Edward Wellnitz to rezone several lots in Hollibush Park Subdivision from Rl to R3, was introduced by Council President Schroder and given its first reading by title only. This land is located -north of East Milwaukee Street and east of Wright Road. A public hearing was set for August 8, 1983 at 7:30 p.m. (File Ordinance No. UO3-341) b -2- RECOMMENDATION OF THE PLAN COMMISSION Assistant City Manager Dan Wentzloff went over the history of the Senior Citizens Center and explained that the Community Development Authority, after much study, recommended the construction of a community center which could be built in phases with the Senior Citizens Center being the first phase. He said the Plan Commission, after considerable discussion, agreed with the Community Development Authority's recommendation. The administration is looking to the Council for direction to proceed with the plans to build a Senior Citizens Center only or build a community center, and for authorization to hire an architect. Councilember Miles made a motion to direct the administration to proceed with the hiring of an architect for a community center on site one and that priority be given to the Senior Citizen Center. Councilmember Stehura asked if "site one" in Councilmember Miles' motion was on page 8 of the report. Councilmember Miles said it was. Councilmember Bolton agreed with Councilmember Miles' motion, but felt that the site should not be a part of it. After the administration explained that the site was not important at this time, Council - member Miles agreed to remove the word "on site one" from his original motion, whereupon Councilmember Bolton seconded the motion. Councilmember Schmidt asked if the architectural designs would indicate the different phases of construction. Assistant City Manager Wentzloff indicated the information presented to the Council would show a breakdown of the cost for the Senior Citizens Center and community center and the phases of construction. Councilmember Jakoubek made a motion that the Council President appoint to the architect selection committee a senior citizen, community citizen representative and a representative of the Janesville Little Theatre. Motion seconded by Councilmember Schmidt. Council President Schroder asked the city attorney if it was the prerogative of the president to appoint these people to this committee. City Attorney Hoesly said yes he could if the Council so directed. She also stated she had no comment on the substantive portion of Councilmember Jakoubek's motion, but reminded Council there was another motion on the floor and since Councilmember Jakoubek's motion does not amend the main motion, Council should vote on the first motion and then consider Councilmember Jakoubek's motion as a separate matter. Councilmember-Stehura wanted to know if the estimated cost of 1.5- to 4-million dollars included the land acquisition and also if the City could ask the architect to design something not to exceed x number of dollars, or does the City give him free reign and he designs what he feels is necessary. Community Development Director Jerry Franke stated the cost figures did not include the land acquisition. Assistant City Manager Dan Wentzloff then answered Councilmember Stehura's question by stating that very specific instructions are given to the architect as to the City's needs and desires and then the architect designs the building accordingly. Council President Schroder, a member of the Community Development Committee, stated he felt the service of an architect is very important in selecting a site. He went on to question the benefits of additional people on the architect selection committee. Council President Schroder stated that since there did not seem to be any more discussion Council would vote on Councilmember Miles' motion. City Attorney Hoesly asked for clarification on the motion. Councilmember Miles answered that the vote would be on his amended motion. Motion passed unanimously. Council President Schroder told the Council that Councilmember Jakoubek's motion was open for discussion. Councilmember Stehura had questions concerning the selection of an architect and also wanted to know if additional committee members would help pick the architect or just act in an advisory capacity. Assistant City Manager Wentzloff explained how an architect is selected and then pointed out the selected committee members would be advisory only and the administration would retain the right to select the architect. Councilmember Bolton asked for comments from Jerry Franke. Director of Community Develop- ment Authority Franke said the fact that the City of Janesville was interested in con- struction of a community center would be in several trade publications by July 12th. Assistant City Manager Wentzloff agreed that the trades people would know about the Council's -3- decision the morning following this meeting. Council President Schroder commented the City had been through this a number of times and had always done a good job; therefore, he saw no need for a larger committee and.would oppose the motion. Councilmember Bolton said he felt Councilmember Jakoubek was on target and that the input from people outside of the administration at the start was important, as well as beneficial to the City. Councilmember Jakoubek commented that you pick an architect like you pick a doctor or tailor, see what he has done and then listen to other people's recommendations. He agreed with Council President Schroder that the people on the committee are well qualified to pick an architect, but input from additional people would be helpful. Councilmember voted on the motion with six members in favor and Council President Schroder in opposition. Council President Schroder agreed to appoint three representatives to the committee. MISCELLANEOUS 1. Final Certified Survey Map 83013-C was presented to the Council at the request of Mr. Sam Meyer for approval of a 2-lot survey located within the 2200 block of Milton Avenue, where Mr. Meyer has a fruit and vegetable stand. The Plan Commission recommended approval and since the area involves dedication of an easement, Council approval is necessary. Councilmember Miles made a motion to approve final Certified Survey Map 83013-C and accept the utility easement. Motion seconded by Councilmember Bolton and adopted unanimously. 2. Downtown Merchants Council has requested that the downtown merchants be permitted to sell merchandise on the sidewalk as part of the City-wide Carnival on July 18th with a rain date of July 19th. Councilmember Bolton made a motion to grant permission to the Downtown Merchants Council for the downtown merchants to display and sell merchandise on the sidewalk either July 18 or July 19. Motion seconded by Councilmember Miles and adopted unanimously. 3. TIF District No. 2 Project Construction Plans were presented to the Council by Assistant City Manager Wentzloff. The first project is the construction of 159 surface level parking spaces on property formerly owned by Charles Weber, W. J. Allan, the Foley Estate, and Sikers Furniture Co., as well as the Wall Street right-of-way west of Parker Place. The second project is renovation of the lower Courthouse Park. Councilmember Jakoubek asked if Council would be able to review the bids when they are received. Assistant City Manager Wentzloff and Community Development Director Jerry Franke explained the bid procedure which would include review by the Council. Since the proposed plans submitted were for information only, no action by Council was necessary. 'P-PQ(1T TTTTONTQ 1. A proposed resolution, recommended for approval by the administration, authorizing the filing of a Wisconsin Fund Facilities Plan Grant to be used for a feasibility study for the potential expansion of the Janesville Wastewater Treatment Facility was presented. Councilmember Bolton made a motion to adopt the resolution as revised. Motion seconded by Councilmember Miles and adopted unanimously. (File Resolution No. 83-644) 2. A proposed preliminary resolution for the 1983 Public Works Improvement Program No. 3 for the purpose of extending sanitary sewer, water mains and sewer, water and gas service laterals into two proposed new residential subdiitisions and recommended for approval by the administration was presented. City Engineer Ron Beatty stated the following streets would be deleted: Section I - Highridge Drive, Hemmingway Drive, Hemmingway Court; Section II - easement for water main. Council President Schroder said the deletions were necessary since the Hemmingway property annexation was not approved. Councilmember King questioned if any any additions could be made to the resolution at this time, and City Engineer Ron Beatty answered yes, but no addition may be made to the final resolution when presented to the Council. Councilmember Bolton made a motion to adopt said resolution as amended. Motion seconded by Councilmember Schmidt and adopted unanimously. Public hearing was set for 25 July, 1983. (File Resolution No. 83-643) -4- `• - REPORTS The financial statement for the month of May was presented. Councilmember Miles made a motion that the financial statement be accepted, as corrected, and placed on file for audit. Motion seconded by Councilmember Bolton and adopted unanimously. MATTERS NOT ON THE AGENDA 1. Councilmember Miles mentioned he had been contacted by several residents from the Cedar Pointe subdivision who are concerned about the safety of children from the Wisconsin School For The Visually Handicapped and the down slope along the east side of the sidewalk at each end of the bridge. City Engineer Ron Beatty said he is planning to install a cyclone fence along the sidewalk to that area. Money was already available in the funding of the bridge project for that purpose. 2. Councilmember Stehura wanted to know if a meeting was necessary to discuss the Bun & Games amusement center and was informed by Assistant City Manager Wentzloff that since the owners of the amusement center had closed their operation and moved all the equipment there was no need for further discussion. 3. Councilmember Bolton commented about the complaints he has received from senior citizens about the young people congregating on Milwaukee Street and harassing these citizens by use of bad language and other inconsiderate actions. He hopes by commenting and bringing the matter to the attention of the Council, that the young people who are responsible would improve their actions. He went on to ask Chief Voelker to think about this situation and offer some comments to the Council in the near future, maybe even consider some foot patrol by members of the Police Department in the downtown area. Another suggestion by Councilmember Bolton was for consideration at sometime in the future to make Milwaukee Street a two-way street, and asked the administration to offer some input into the subject in the next month or so. There being no further business, the meeting was adjourned at 9:00 p.m. These minutes are not official until approved by the City Council. Frank L. Spoden City Clerk -5-