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01-21-91PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING 21 January 1991 Vol. 41 No. 26 APPROVED 2-4-91 Regular meeting of the City Council of the City of Janesville, held in the Municipal Building 21 January 1991 at 7:30 p.m. The meeting was called to order by Council President Collins. Present: Council President Collins, Councilmembers Pierson, McLean, Schneider, Stehura, Stockwell and Pulliam. CONSENT AGENDA Council President Collins stated that licenses and the financial gain request for Muscular Dystrophy Association would not be considered under the Consent Agenda, and would be acted on separately. Minutes of the regular meeting held 7 January 1991. Minutes of the special meeting held 10 January 1991, with the admendment to page 2, paragraph 2 to include the following phrase (2) at State Street including the new drive. Financial gain request from the Rock County 4-H Horse Project to use Rockport Park for their annual Rock County 4-H Project Fun Run on 5 May 1991. Council President Collins stated if there were no objections, this Consent Agenda would be approved. There were no objections. Councilmember Stehura moved to postpone action until 4 February 1991 on the EMB Inc. Class B Liquor License, seconded by Councilmember Stockwell and passed unanimously. Councilmember Pulliam moved to approve the Massage Therapist License and Massage Establishment License for Jack Atkinson, seconded by Councilmember Stockwell and passed by the following vote: Aye: Council President Collins, Councilmembers Pierson, Schneider, Stehura, Stockwell and Pulliam. Pass: Councilmember McLean. Councilmember Stockwell moved to approve the remaining licenses, seconded by Councilmember Pierson and passed unanimously. Councilmember Pulliam moved to approve the financial gain request from the Muscular Dystrophy Association to use Lions Beach and Traxler Park volleyball courts for their annual snow volleyball tournament on 17 February 1991, seconded by Councilmember Stehura and approved 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.) SPECIAL RECOGNITION A proposed resolution in recognition of Angelo Lamendola's dedicated service to the City of Janesville. Councilmember Pierson moved to adopt said resolution, seconded by Councilmember McLean and passed unanimously. (File Resolution No. 91-1333) OLD BUSINESS 1. Requests and comments from the public on matters which can be affected by Council action. No one appeared. 2. Continuation on action of a proposed ordinance annexing certain lands located north of Rotamer Road and east of Tanglewood Drive. The main motion on the floor was to adopt said ordinance, conditioned upon the approval of the special assessment waiver and requiring Mr. Neumann to petition both the Milton School District and the Janesville School District to allow this land to be part of the Janesville School District. The Council adopted this ordinance unanimously. (File Ordinance No. 90-699) 3. A proposed ordinance establishing the zoning classification of certain lands located north of Rotamer Road and east of Tanglewood Drive was given its second reading by title only and public hearing. No one appeared for the public hearing. Councilmember Schneider moved to adopt said ordinance, seconded by Councilmember Pulliam and adopted unanimously. (File Ordinance No. 90-700) 4. Councilmember Pulliam moved to approve the waiver of special assessment procedure for the Neumann Annexation, as outlined in the City Manager's memo dated 2 January 1991, seconded by Councilmember Schneider and approved unanimously. 5. Council President Collins stated the Council would not address the proposed ordinance rezoning land located adjoining and south of Newport Avenue, between Kennedy Road and Woodland Drive from Ri to B4. (File Ordinance No.90-705) 6. A proposed ordinance rezoning land located adjoining and north of Barberry Drive, between Kennedy Road and Woodland Drive, from R1 to R3 and R1 to B4 was given its second reading by title only and public hearing. Councilmember Pulliam moved to find the protest petition on this rezoning request invalid, since the owner, of 1348 Plainfield Avenue, did not personally sign the petition, seconded by Councilmember Stockwell and passed unanimously. Scott Shadel, 2829 River Bluff, and Mike Lukas, 1811 Meadowlark, spoke in favor of this ordinance or one of its alternatives. The following individuals spoke against this proposed ordinance: Tom Nelson - 2725 Sherwood Dr., Cheryl Knudtson - 1404 Barberry Dr., Mike Playter - 537 Stafford. Councilmember Pierson moved to adopt Revised Ordinance 90-706, with the exception of changing the number of units per acre from 12 to 12.5, seconded by Council President Collins. Councilmember Stockwell moved to amend Revised Ordinance 90-706 to require not less than 2.5 parking stalls per unit, seconded by Councilmember McLean and failed by the following vote: Aye: Councilmembers McLean and Stockwell. Nay: Council President Collins, Councilmembers Pierson, Schneider, Stehura and Pulliam. Councilmember Stockwell moved to amend Revised Ordinance 90-706 to require that land will be reserved for 2.5 parking spaces per unit, and that the number of parking spaces built will not be less than 2.0 per unit and upon a finding of inadequate parking by the City's building official, that additional parking will be built, seconded by Councilmember Pulliam and passed unanimously. Councilmember Stockwell moved to amend Revised Ordinance 90-706 by changing the zoning from B4 to B2, seconded by Councilmember Stehura and passed by the following vote: Aye: Councilmembers McLean, Stehura, Stockwell and Pulliam. Nay: Council President Collins, Councilmembers Pierson and Schneider. The Council then voted on the main motion and that passed unanimously. (File Ordinance No. 90-706) 7. Council President Collins stated the Council would not address the proposed ordinance rezoning land located north of Barberry Drive between Kennedy Road and Woodland Drive from R1 to R3 and R1 to B4. (File Ordinance No. 90-707) 8 & 9. A proposed Ordinance 90-697 annexing property located north of Black Bridge Road, adjoining USH 51, and proposed Ordinance 90-698, zoning said property, were given their second reading by title only and public hearing. Attorney Jim Thorpe, representing the petitioner, Janesville Sand & Gravel, spoke in favor of this ordinance. The following individuals spoke in opposition to the ordinance: Attorney Tom Basting, representing residents in that area, Alan Funk - 2118 Tradition Lane, Russ French - 2306 N. Parker Dr., Bob Yahr - 2304 Tradition Lane, Paul Odland - 2255 N. Parker Dr., and Beveraly Darrow - 2326 Tradition Lane. Council President Collins stated for the record that he will be passing on this matter, because of a conflict of interests. Councilmember Pulliam moved to adopt said ordinance, seconded by Councilmember McLean. Councilmember Pierson moved to postpone action on this item and the following three items until 18 February 1991, seconded by Councilmember Stehura and failed by the following vote: Aye: Councilmembers Pierson, Schneider and Stehura. Nay: Councilmembers McLean, Stockwell and Pulliam. Pass: Council President Collins. Council then voted on the main motion which required five affirmative votes to pass and that failed by the following vote: Aye: Councilmembers McLean, Schneider, Stockwell and Pulliam. Nay: Councilmembers Pierson and Stehura. Pass: Council President Collins. (File Ordinance No. 90-697) Council President Collins stated that action on proposed Ordinance 90-698 would not be necessary, since the land was not annexed. (File Ordinance No. 90-698) 10. A proposed resolution vacating portions of streets, greenbelts and utility easements within the Majestic Valley Woods Plat located north of Black Bridge Road adjoining USH51. Councilmember Pulliam moved to postpone indefinitely action on said resolution, seconded by Councilmember Schneider and passed by the following vote: Aye: Councilmembers Pierson, McLean, Schneider, Stehura, Stockwell and Pulliam. Pass: Council President Collins. (File Resolution No. 90-1326) 11. A proposed resolution discontinuing public land dedicated for greenbelt purposes and declaring said land surplus for the purpose of sale. Councilmember Pulliam moved to postpone indefinitely action on said resolution, seconded by Councilmember Schneider and passed by the following vote: Aye: Councilmembers Pierson, McLean, Schneider, Stehura, Stockwell and Pulliam. Pass: Council President Collins. (File Resolution No. 90-1327) 12. A proposed resolution deleting special assessments in the subdivision of Majestic Hills. Councilmember Pulliam moved to adopt said resolution, seconded by Councilmember Stockwell and adopted by the following vote: Aye: Councilmembers Pierson, McLean, Schneider, Stehura, Stockwell and Pulliam. Pass: Councilmember Collins. (File Resolution No. 91- 1331) 13 & 14. A proposed ordinance (90-703) annexing land located in the 3400 block of Mineral Point Avenue, west of Parker High School, and a proposed ordinance(90-704) establishing the zoning classification of land located in that area were given their seconded reading by title only and joint public hearing. 4 Councilmember McLean moved to adopt Ordinance 90-703, seconded by Councilmember Pulliam and adopted unanimously. Councilmember Pulliam moved to adopt Ordinance 90-704, seconded by Councilmember McLean and adopted unanimously. (File Ordinances No. 90-703 & 90-704) NEW BUSINESS 1. Recommendation of the Plan Commission: Action on a motion to approve Certified Survey Map 90031-C, City of Janesville, 2 lots bounded by Wall Street/River Street/Milwaukee Street and Franklin Street. Councilmember Pulliam moved to adopt CSM 90031-C, seconded by Councilmember Schneider and passed unanimously. (File CSM90031-C) 2. A proposed resolution approving the Downtown Business Improvement District Fiscal Year 1991 Operating Plan. Paul Elmer, Marketing Director, presented his budget to Council and responded to questions. Councilmember Schneider moved to adopt said resolution, seconded by Councilmember McLean and adopted by the following vote: Aye: Council President Collins, Councilmembers Pierson, McLean, Schneider, Stehura and Pulliam. Nay: Councilmember Stockwell. (File Resolution No. 91-1336) 3. A proposed resolution vacating a portion of a north-south alley located between Milton Avenue and Woodland Drive south of Lodge Drive was referred to the Plan Commission and scheduled for public hearing on 4 March 1991. (File Resolution No. 91-1335) 4. A proposed ordinance rezoning property located at the southeast corner of 1-90 and State Highway 11 from agriculture to B4 was introduced by title only, referred to the Plan Commission and scheduled for public hearing on 18 February 1991. (File Ordinance No. 91-710) 5. A proposed resolution releasing a portion of an easement for property located at 2027 Ontario Drive was referred to the Plan Commission. (File Resolution No. 91-1337) 6. The following potential sites for the City Services Center were referred to the Plan Commission: An approximately 17 acre parcel located at the northeast corner of Kennedy Road and Barberry Drive; an approximately 16 acre parcel located on Pliney Avenue; an approximately 90 acre parcel located on the east side of Kennedy Road north of Highway 14; an approximately 17 acre parcel located in Palmer Park north of Palmer Drive and West of 1-90; an approximately 21 acre parcel located east of USH 51 and north of Black Bridge Road. Council agreed not to refer an approximately 12 acre parcel located east of North Parker Drive, north of the City's Transit Center, to the Plan Commission. 7. A proposed ordinance rezoning property located at the northeast corner of Kennedy Road and Barberry Drive from RI and R3 to MI was introduced by title only, referred to the Plan Commission and scheduled for public hearing on 18 February 1991. (File Ordinance No. 91-713) 8. A proposed ordinance rezoning property located along Kennedy Road north of Highway 14 from A to M1 was introduced by title only and referred to the Plan Commission and scheduled for public hearing on 18 February 1991. (File Ordinance No. 91-714) 9. A proposed ordinance rezoning property located in Palmer Park north of Palmer Drive and west of 1-90 from Conservancy to MI was introduced by title only, referred to the Plan Commission and scheduled for public hearing 18 February 1991. (File Ordinance No. 91-711) 10. Council President Collins stated that the Council would not address the proposed ordinance rezoning property located east of North Parker Drive north of the City's Transit Center from Ri to M1. (File Ordinance No. 91-712) 11. Council President Collins stated that the Council would not address the proposed ordinance rezoning property located along North Parker Drive north of Black Bridge Road from R1 and A to M1. (File Ordinance No. 91-715) 12. Matters not on the Agenda. Council President Collins scheduled a bus tour of potential sites for the City Services Center on 9 February 1991 at 8:00 a.m. 13. Council President Collins continued for two weeks consideration of a motion to convene into closed session for the purpose of considering the performance evaluation of the City Manager. There being no further business, the meeting was adjourned at 11:32 p.m. These minutes are not official until approved by the City Council. Jean Ann Wulf City Clerk