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1979-07-23 Agenda and Minutes-- %-CITY OF JANESVILLE --City Council Meeting Agenda -.3 July 1979 77:10 P.-M. A. Roll Call. f' , r. 2. `Minutes of the Regular Meeting of 9 July-1979. _3. Licenses: Refer separate Agenda. A. Fiscal Board Item: School Budget for 1979 - 1980. --5. -Referral to Plan Commission: =s. Request for rezoning at 1406 Woodman Road. b. Sale of city -owned land to Roger and Jean Gersten. =c. Sale of city -owned land to Rath Mfg. d. Sale of city -owned land to Northern Conveyor. -e. Proposed rezoning of land at 1405 Kennedy Road. OLD BUSINESS None NEW BUSINESS 1. Requests and comments from the public re Matters not on the Agenda. 2. Presentation of petitions opposing outdoor swimming pool. 3. Consideration of acquisition of Grant'School & Blackhawk School from the Janesville School District. 4. Recommendation from Plan Commission: a. Consideration of Tax Increment Finance District ##2. (File Res. No. 79-247) b. Consideration of CSM 79044-C on Lucerne Drive. c. Request for rezoning of three acres of land from R-1 to R-2 at 2500 U.S.H. 51 North. 5. Appropriation of funds for Recreation Department, Lions Beach. 6. Recommendation of the Traffic and Parking Committee: a. Speed limit on Mt. Zion Ave, between I-90 and Wright Rd. b. Proposed school crossing guard on Milton Avenue at Black Bridge Road. :?. Consideration of improvement to `Nest Racine Street: (File Res. No. 79-229) S. Recommendation from the Park Land Acquisition Committee: ---a. 'Consideration of acquisition of approximately 40 acres of land from Don and Genevieve MacFarlane for a park on South Oakhill. 9. Matters not on the Agenda. 10. Motion to adjourn. The undersigned as the designee of the presiding officer of the above governmental body certify that I posted a copy of this document in i,-�e lob+ )Y of the Janesvill+-_ Municipal Building anMlel a Copy to the official newspaper of the City of Janesville an 2 � J* eorge A rueger City Cle CITY COUNCIL 23 JULY 1979 LICENSE AGENDA AMUSEMENT DEVICES/ Machine New Freedom Enterprises (Riverside Books) ELECTRICIAN - RENEWAL Roy W. Funk TAXI - CAB DRIVER - ORIGINAL Dale Eugene Welch OPERATOR (BARTENDER) - ORIGINAL David W. Moody Bernadette M. Dubanowich Norman C. Jacobson Gary A. Swanson Candeen L. Spaar Kristin K. Mac Donald John T. Lundeberg Joan J. Lund Christine I. Kennedy David E. Keelin Ricardo R. Kasmiskie Julie A. Horn Magdalen V. Hawley Mary K. Gloede Denis D. Gloede. Carol Ann Elmer Kathy J. Duckert Charles T. Anderson OPERATOR (BARTENDER) - RENEWAL Clarita E. Mather Terrance J. McCann David A. Kummer Gerald A. Kubly Clara B. Heth Catherine E. Halbach James W. Midbon 309 W. Milwaukee Mike Buchholz -Rt 2 Box 208 Elkhorn Roy W. Funk _1017 5th St., Beloit Blue Cab 113 E. State St. V.F.W. Club 3364 S. Oakhill Nino's 237 Madison St. Milwaukee Bar 2518'Kennedy Rd Left Guard 365 Depot St.Footville Stadium Club 1021 Jerome Wisconsin Club 1216 N. Pine St Blarney Stone 424 Harding St. V.F.W. Club 420 Prospect Ave Old 95 Bar 1320 Gartland Ave O'Brien's Bar 314 Glen St. Left Guard 832 Kellogg The Pines Tavern 221 S. Harmony Dr. London Pub 1113 Carrington Wisconsin Club 1113 Carrington Wisconsin Club 1302 Hamilton Ave Club 708 705 N. Garfield Milton Ave. Pub 1620 Mineral Point Janesville Elks 2131 S. Pine Back 10' The Yards 2508 Harmony Town Hall Milton Ave. Pub 29 S. Blackhawk Wisconsin Club 604 Margate Dr. Franklin Pony Bar 24 Sinclair St. Hoffman House 2713 Mt. Zion Ave. Wisconsin Club 1828 Garden Dr. Sportsman's SPECIAL EVENT ONE DAY ONLY BEER LICENSE St. Mary's Catholic Church 313 E. Wall - August 19, 1979 Request waiver of $10.00 fee ISSUANCE OF CLASS A INTOXICATING LIQUOR & FERMENTED MALT BEVERAGE LICENSE John A. Briggs -Formerly issued to Janaro's. Location: 421 N. Parker Dr. CITY COUNCIL MEETING 23 JULY 1979 ADDITIONS TO LICENSE AGENDA ATTENDANT'S LICENSE FOR AMUSEMENT CENTER Patrice Ann Cavallo 941 Church Beloit Stop-N-Go Inc. TAXI -CAB DRIFTERS ; ORIGINALS Diana Lynn King 161 S. Locust St, Blue Cab OPERATOR (BARTENDER) -RENEWAL James Donald Fanning 527 Prairie Ave. London Pub OPERATOR (BARTENDER) -ORIGINAL Patricia Jane Carroll 6382 S. Franklin Mr. D's PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN AND THE FISCAL BOARD SCHOOL DISTRICT OF JANESVILLE REGULAR MEETING 23 July, 1979 Vol. 32 No. 11 Regular meeting of the City Council of the City of Janesville and the Fis- cal Board School District of Janesville, held in the Municipal Building 23 July, 1979 at 7:30 P.M. Present: Council President Wexler, Councilmembers Karleski, Waterman, Miles, Masterson and Stabb. Representatives Little, Ramsier, Scott and Chairman Lee. Absent: Councilmember Hall. Councilmember Hall arrived at 3:00 P.M. Councilmember Miles made a motion to approve the minutes of the regular meeting of 9 July, 1979 as distributed. Motion seconded by Councilmember Masterson and adopted unanimously. LICENSES: 1. Councilmember Masterson made a motion that the following license appli- cations be approved and issued. Amusement Devices/Machine Electrician -Renewal Taxi -cab Driver -Original Operator (Bartender) -Original Operator (Bartender) -Renewal Motion seconded by Councilmember Miles and adopted unanimously. 2. Councilmember Waterman made a motion that the following license arrlication be approved and issued and the fee waived. Special Event one day only Beer License St. Mary's Catholic Church --August 19, 1979 Motion seconded by Councilmember Miles and adopted unanimously. 3. The Class "A" Intoxicating Liquor and Fermented Malt Beverage License for John A. Briggs at 421 N. Parker Drive was presented. Council President Wexler questioned if the available license was advertised. Councilmember Miles said it was not advertised as there was not an in- flux of people inquiring about the license. Councilmember Waterman said it should have been advertised. City Attorney Berta Hoesly said it would take time to research if there was a policy statement directing licenses to be advertised. Councilmember Masterson made a motion to table the matter to the next council meeting. Motion seconded by Councilmember Stabb and defeated by the following vote: Aye: Council President Wexler, Councilmembers Masterson and Stabb. Nay: Councilmembers Karleski, Waterman and Miles. Councilmember Waterman made a motion that the matter be tabled without a time factor and perhaps the City Attorney could give an answer by the end of the meeting. Motion seconded by Councilmember Karleski and adopted by the following vote: Aye: Council President Wexler, Council - members Karleski, Waterman, Masterson, and Stabb. Nay: Councilmember Miles. At the end of the meeting Councilmember Miles made a motion that the Class "A" License matter be put back on the table. Motion seconded by Councilmember Hall and adopted unanimously. -1- City Attorney Hoesly informed the Council that there are no requirements to publish that a license is available. Councilmember Karleski made a motion that the following license applica- tion be approved and issued. Class "A" Intoxicating Liquor and Fermented Malt Beverage John A. Briggs--421 N. Parker Dr. Motion seconded by Councilmember Hall and adopted by the following vote: Aye: Councilmembers Karleski, Waterman, Hall and Miles. Nay: Council President Wexler. Pass: Councilmembers Masterson and Stabb. Council President Wexler said in all fairness the available licenses s-hould be advertised for anyone wishing to apply for it. (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.) The Council recessed at 7:40 P.M. The Fiscal Board of the School District of Janesville convened at 7:40 P.M. Fiscal Board President Wexler acknowledged the receipt of the School Board Budget by members of the Fiscal Board and announced a special meeting to be held on Thursday, 2 August to review the Budget in detail. All Fiscal Board members present waived the official notice of the special meeting. Fiscal Board member Hall will be notified later. The Fiscal Board adjourned at 7:42 P.M. The Council reconvened at 7:42 P.M. RF.FRPRAT, Tn THE PLAN COMMISSION_ Council President Wexler referred the following items to the Plan Commission for a report and recommendation: a. Request for rezoning at 1406 Woodman Road. b. Sale of City -owned land to Roger and Jean Kersten. C. Sale of city -owned property to Rath Mfg. d. Sale of City -owned land to Northern Conveyor. e. Proposed rezoning of land at 1405 Kennedy Road. REQUESTS AND COMMENTS FROM THE PUBLIC ON MATTERS NOT ON THE AGENDA: Art Jackson, 2310 Elizabeth Street informed the Council that he initiated circulating the petition to halt the funding and construction of the Janesville Municipal swimming pool or, to submit the initial resolution authorizing the issue of the bonds to a voter referendum. He said that the people who signed the petition basically said they did not want a pool at taxpayer's expense and felt it should go to a voter referendum. He suggested putting other issues on the voting machines for voter input. He recommended getting various civic groups together and organizing to put in a swimming pool and pay for it themselves through donations. Mr. Bill Mitchell, 1719 Tamarack Lane, said he worked on circulating the petitions and people questioned the big expense and whether we even wanted it or not. He recommended upgrading Lion's Beach. Mr. Stan Cerney, 137 N. Crosby Avenue, said he also helped circulate the petition and thought it should be put to a referendum vote. Mr. Bruce Schultz, 1028 Quail Lane, said he would like to see Lion's Beach redone. Mrs. Linda Mitchell, 1719 Tamarack Lane, said she helped circulate the petitions and elderly people on limited incomes said we can't afford -2- that swimming pool. She recommended expanding Lion's Beach. Mr. Greg Schiefelbein, 1909 Rockport Road recommended opening Lion's Beach with no admission charge. ORDINANCES: 1. A proposed ordinance recommended for approval by the Plan Commission revising the zoning district classification of land located in the 2500 block of U.S. 51 North was introduced by Council President Wexler and given its first reading by title only. A public hearing was set for 20 August, 1979 at 7:30 P.M. (File Ordinance No. 79-164) 2. A proposed ordinance amending the maximum speed limit on certain designated streets, (Mt. Zion Avenue from I-90 to Wright Road.) was introduced by Council President Wexler and given its first reading by title only. A public hearing was set for 6 August, 1979 at 7;30 P.M. (File Ordinance No. 79-163) RESOLUTIONS: 1. City Manager Deaton informed the Council that petitions opposing the outdoor swimming pool were received containing 3,403 valid signatures. The statutes require 1430 signatures in order to be a valid petition. The petitions stated "I, the undersigned, a qualified elector of the City of Janesville, County of Rock, State of Wisconsin, hereby petition the Janesville City Council to halt the funding and construction of the Janes- ville City Municipal swimming pool or in accordance with provisions of 67.05 of the Wisconsin statutes request the City Council to submit the initial resolution which authorizes the issue of $824,500 in bonds for the purpose of providing recreational facilities ($775,000 additional funds for swimming pool) in park, to a voter referendum." City Manager Deaton said the administration has drawn up two resolutions for Council consideration. No. 79--248 calling for a special election for the purpose of submitting to the electors the question of whether the City of Janesville should sell and issue $825,000 of Corporate Purpose Bonds for the purpose of providing recreational facilities; and No. 79-249 to formally withdraw the Bond issue $825,000. The administra- tion recommends that Resolution No. 79-248 calling for a referendum be adopted. Councilmember Stabb made a motion to adopt said resolution no. 79-248 as presented. Motion seconded by Councilmember Masterson and adopted unanimously. (File Resolution No. 79-248 and 79-249) 2. A proposed resolution recommended for approval by the Plan Commission creating Tax Incremental Finance District number two and outlining the boundaries thereof was presented. Councilmember Miles made a motion to adopt said resolution as presented. Motion seconded by Councilmember Karleski and adopted unanimously. (File Resolution No. 79-247) 3. A proposed preliminary resolution declaring intent to exercise special assessment powers under section 66.60, Wisconsin Statutes and required installation of water, sewer, and gas service pipes and provid- ing for assessment of cost under section 66.625, Wisconsin Statutes for: CURB AND GUTTER REPLACEMENT IN CONNECTION WITH WIDENING, CONCRETE BREAK- ING AND RESURFACING AND SEWER, WATER AND GAS SERVICE LATERALS. On W. Racine Street from Rock River to Center Avenue was presented. City Manager Deaton explained the informal public meetings held for input from the neighborhood and that the resolution proposes a 40 foot wide street for the most part. Councilmember Masterson requested a second resolution be prepared without the widening. City Manager Deaton suggested that the simplest thing to do would be to vote on the initial resolution and then bring up a revised resolution -3- under matters not on the agenda. Councilmember Hall made a motion to adopt said resolution as presented. Motion seconded by Councilmember Stabb and defeated by the following vote: Aye: Council President Wexler. Nay: Councilmembers Karleski, Hall, Miles, Masterson and Stabb. Pass: Councilmember Waterman. (File Resolution No. 79-229) Under matters not on the agenda the following Resolution No. 79-250 was presented: Prelimiary Resolution declaring intent to exercise special assessment powers under section 66.60, Wisconsin Statutes and required installation of water, section 66.625, Wisconsin statues for: CURB AND GUTTER REPLACEMENT IN CONNECTION WITH WIDENING, CONCRETE BREAK- ING AND RESURFACING AND SEWER{ WATER AND GAS SERVICE LATERALS. On West Racine Street from Rock River to Center Avenue. Councilmember Stabb suggested amending the improvement to read: CURB AND GUTTER REPLACEMENT IN CONNECTION WITH WIDENING NOT TO EXCEED 36 FEET, CONCRETE BREAKING AND RESURFACING AND SEWER, WATER AND GAS SERVICE LATERALS. City Manager Deaton said the proposed parking at the 40 foot width would stay as is but if the widening was made at 36 feet the administration would recommend removing the parking. Councilmember Stabb made a motion to adopt said resolution as amended. Motion seconded by Council President Wexler and defeated by the follow- ing vote: Aye: Council President Wexler, Councilmembers Waterman and Stabb. Nay: Councilmembers Karleski, Hall, Miles and Masterson. Councilmember Masterson recommended deleting the word widening from the proposed resolution with the improvement to read: CURB AND GUTTER REPLACEMENT IN CONNECTION WITH CONCRETE BREAKING AND RE- SURFACING AND SEWER, WATER AND GAS SERVICE LATERALS. Councilmember Masterson made a motion to adopt said resolution as amended. Motion seconded by Councilmember Karleski and adopted by the following vote: Aye: Council President Wexler, Councilmembers Karleski, Waterman, and Masterson. Nay: Councilmembers Hall, Miles and Stabb. A public hearing was set for 6 August, 1979 at 7:30 P.M. (File Resolution No. 79-250) REPORTS: 1. City Manager Deaton informed the Council that the Janesville School District has declared Grant School and Blackhawk School as surplus and has offered them to the City for the appraised price. The administra- tion recommended that the City not acquire the two school properties. Councilmember Masterson made a motion that the City not exercise the options to purchase the Grant and Blackhawk school properties. Motion seconded by Councilmember Karleski and adopted unanimously. 2. A one lot certified survey located on Lucerne Drive recommended for approval by the Plan Commission was presented. Councilmember Miles made a motion to approve said Certified Survey and accept the 10 foot utility easement. Motion seconded by Councilmember Masterson and adopted unanimously. (File CSM No. 77044-C) 3. City Manager Deaton presented a request to extend the swimming hours at Lion's Beach to open at 10:00 A.M. instead of 1:00 P.M. To operate the beach at a minimum level would require one supervisor and three lifeguards and two attendants. To accomodate this for the remainder of the season would require an appropriation of $980. Councilmember Stabb made a motion to appropriate $980 from unappropriated surplus to extend the hours at Lion's Beach. Motion seconded by Council - member Miles and defeated by the following vote: Aye: Councilmembers Karleski, Waterman, and Stabb. Nay: Council President Wexler, Council - members Hall, Miles and Masterson. 4. A proposed School Crossing Guard on Milton Avenue at Black Bridge Road recommended by the Traffic and Parking Committee was presented. The cost will be $945 for the remainder of 1979 to be appropriated from surplus. Councilmember Stabb expressed concern that there are no sidewalks in the area. Councilmember Karleski made a motion to approve the crossing guard and appropriate $945 from surplus. Motion seconded by Councilmember Miles. Councilmember Waterman made a motion to table the matter to the next meeting for more information. The motion died for lack of a second. Councilmember Masterson suggested setting up a meeting with the 35 families that signed the petition and perhaps consider sidewalks. Councilmember Hall said alternatives were presented and asked adminis- tration to put it on the Llext Traffic and Parking agenda and request the school administration to meet and discuss the situation. Councilmember Masterson made a motion to table the matter until after the Traffic and Parking Committee meeting. Motion seconded by Council - member Waterman and defeated by the following vote: Aye: Council President Wexler, Councilmembers Waterman, and Masterson. Nay: Council - members Karleski, Hall, Miles, and Stabb. The Council then voted on Councilmember Karleski's original motion to approve the crossing guard and appropriate $945 from surplus. The motion was adopted unanimously. 5. City Manager Deaton presented the recommendation of the Park Land Acquisition Committee to acquire approximately 40 acres of land on South Oakhill Avenue south of the City limits to be purchased from the MacFarlane family at $2,500 per acre. The Director of Public Services has made application to the State Depart- ment of Natural Resources for matching funds and has received a verbal indication for 50 percent of the purchase price. Councilmember Miles made a motion to authorize the City Manager to execute the purchase agreement with the MacFarlane family for $2,500 per acre. Motion seconded by Councilmember Hall and adopted unanimously. MATTERS NOT ON THE AGENDA: 1. Councilmember Miles commented on the length of rummage sales in the City and asked the administration to investigate if an ordinanace is justified with a report back in two weeks. 2. Councilmember Karleski made observations that the Council has only two choices in front of them tonight in reference to the swimming pool, to either delete the bonding or go to the referendum. He made comments on the excellent parks, recreational facilities and educational system in Janesville. He said we have to look at whether we want to go ahead, stand still, or fall behind and the City of Janesville has shown the necessary growth pattern over the past 25 years and we should not take a backward step. 3. Councilmember Masterson in commenting on the swimming pool said he thought it would be necessary for the people to see clearly the two designs that are going to be made available. The design of 1.4 million pool and also the potential design of a $624,000 facility. 4. Councilmember Hall in commenting on the pool said he is of the opinion that it's going to be all or nothing, that if it is defeated that we pay off that $624,000 Bond issue. 5. City Manager Deaton clarified the dollar amounts necessary for re- tirement of the two bond issues. The original bond issue of $624,000 spread over it's entire 10 year life on a $50,000 home, or a $50,000 store or anything valued at $50,000 for Q•V tax purposes, would require a net tax payment of $36.35 over it's 10 year life. On the $825,000 over the 12 year period the total tax dollars would be $53.22 on a $50,000 home, which would give a total cost for the pool for a $50,000 tax base of $89.57. 6. Councilmember Karleski asked about the Railroad Bridge on Black Bridge Road being in disrepair. City Manager Deaton said he had no success with the railroad but there is a new Highway Aid program for maintenance and repair on Bridges. City Engineer Beatty has made contact to make an application for this. There being no further business the meeting was adjourned at 10:55 P.M. These minutes are not official until approved by the City Council. George A. Krueger City Clerk M:=