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03-04-91PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING 4 March 1991 APPROVED 18 MARCH 1991 * Vol. 41 No. 29 Regular meeting of the City Council of the City of Janesville held in the Municipal Building 4 March 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 the licenses and the financial gain request would not be considered under the consent agenda and would be acted on separately. Minutes of the regular meeting held 18 February 1991 were amended to include the city Council's approval of the consent agenda. Financial statement for the month of December 1990. Council President Collins stated that if there no objections, the consent agenda would be approved. There were no objections. Councilmember Stehura moved to approve a sign erector's license for Anthony Russotto, seconded by Councilmember Pulliam and passed unanimously. Gary See of 112 North Washington St. requested that the Council grant him a taxi-cab driver's license and disregard the police chief's negative recommendation. Councilmember Pulliam moved to deny a taxi-cab driver's license to Gary See, seconded by Councilmember Stockwell and passed by the following vote: Aye: Councilmembers Pierson, McLean, Schneider, Stehura, Stockwell and Pulliam. Pass: Council President Collins. (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.) Councilmember Pulliam moved to deny the financial gain request from the Visiting Nurse Association Auxiliary, Inc. for permission to sell raffle tickets at performances of the Municipal Band and the Main Street Noon Entertainment Series, seconded by Councilmember 1 Stehura. Councilmember Pierson moved to postpone action until the organization receives a favorable determination by the IRS for their 501-C Classification, seconded by Councilmember Stehura and failed by the following vote: Aye: Council President Collins, Councilmembers Pierson and Stehura. Nay: Councilmembers McLean, Schneider, Stockwell and Pulliam. Council voted on the main motion and that failed by the following vote: Aye: Councilmembers Pierson, Stehura and Pulliam. Nay: Council President Collins, Councilmembers McLean, Schneider and Stockwell. Councilmember Schneider moved to approve the financial gain request for the Visiting Nurse Association Auxiliary, Inc., conditioned upon the favorable determination by the IRS for their 501-C Classification and obtaining a Wisconsin raffle license, seconded by Councilmember McLean and passed by the following vote: Aye: Council President Collins, Councilmembers Pierson, McLean, Schneider and Stockwell. Nay: Councilmembers Stehura and Pulliam. The Council held an adjudicatory hearing on the potential revocation of the Class "B" alcohol license issued to Q.L. Hom, Inc., d/b/a Hong Kong Restaurant, 2533 Center Avenue. The city clerk entered the summons, the return of service and the police chief's complaint into the record. Police Chief Voelker, after being sworn in, reviewed with Council the basis of his abandonment complaint, the transcripts of the ALAC and the newspaper advertisement announcing the sale of the Hong Kong Restaurant. Louis Gage, the alcohol agent for Q. L. Hom, Inc., was sworn in and responded to the chief's complaint. He admitted that the restaurant was closed for more than 90 days, because of the inability to obtain papers for their star chef to enter the United States. He requested that the Council not revoke this license. There were no closing statements given and the adjudicatory hearing was closed. Councilmember Pulliam moved to find the complaint to be true, which would revoke the Class "B" alcohol license, seconded by Councilmember McLean and passed unanimously. Councilmembers Stockwell and Pulliam requested the city attorney to research whether or not the City could require agents of a liquor license to be an officer or employee of the license holder. OLD BUSINESS 2 1. Requests and comments from the public on matters which can be affected by Council action. Charles Thompson, 1245 Bingham, requested that the police department provide the same level of service to the general public as they provide car dealerships, in regards to checking vehicle identification numbers. Council President Collins and Councilmember Pulliam requested a report from the administration on this matter. The following individuals requested the Council to reconsider their action concerning the placement of yellow ribbons on the city buses: Don Reichard, Rock County Veterans Service officer, Tom Brien - 1233 Putnam, Toni Powers - 338 Swan Lane, and Jim Halbach 1703 Mole. 2. A proposed resolution vacating a portion of a north-south alley located between Milton Av. and Woodland Dr., south of Lodge Dr. was given its public hearing. No one appeared. Councilmember Pulliam moved to adopt said resolution, subject to the following conditions: Dedication of an alley, which would provide an outlet for the existing alley to a public street; that the storm sewer within the existing alley be relocated at a location approved by the city engineer, and that all costs associated with this relocation be paid for by the applicant; and that the vacation shall not be effective until the City received said payment, seconded by Councilmember Stehura and adopted unanimously. (File Resolution No. 91-1335) 3. A proposed resolution conveying a portion of property located at 205 East Milwaukee St. was given its public hearing. No one appeared. Councilmember Pulliam moved to adopt said resolution, seconded by Councilmember Schneider and adopted unanimously. (File Resolution No. 91-1357) NEW BUSINESS 1. Recommendations of the Plan Commission: A) Action on a motion to approve Certified Survey Map 91003-C, one lot and I outlot located at the southwest corner of Milton Av. and Lodge Dr. Councilmember Pulliam moved to approve CSM 91003-C, including a release of the City's rights to two eight-foot utility easements running east-west through the proposed lot west of the proposed alley vacation, and release of a ten-foot utility easement adjoing and west of the proposed alley vacation, seconded byCouncilmember McLean and passed unanimously. (File CSM 91003-C) B) Action on a motion to approve Certified Survey Map 91004-C, one lot located at the northwest corner of Woodlane Dr. and Barberry Dr. Councilmember Pulliam moved to approve CSM 91004-C, including the acceptance of $3,300 for monies in-lieu-of parkland dedication, and the dedication of utility easement, seconded by Councilmember Schneider and passed by the following vote: Aye: Council President Collins, Councilmembers McLean, Schneider, Stehura, Stockwell and Pulliam. Nay: Councilmember Pierson. (File CSM 91004-C) C) A proposed resolution approving the final plat of Fox Valley Estates. Councilmember Schneider moved to approve said resolution, including the acceptance of $463 for monies in-lieu-of parkland dedication, seconded by Councilmember McLean and adopted unanimously. (File Resolution No. 91-1356) 2. Waiver of special assessment procedure for storm sewer charges for Fox Valley Estates. Councilmember Pulliam moved to approve the special assessment waiver, including the change in interest rates to 9.75%, seconded by Councimember Stockwell and passed unanimously. 3. A proposed resolution authorizing the sale and option of land in the Kennedy Road Industrial Park to Newco Welding and Engineering. Councilmember McLean moved to adopt said resolution, seconded by Councilmember Pulliam and adopted unanimously. (File Resolution No. 91-1360) 4. Appointments to Business Improvement District Board. Councilmember Pulliam moved to approve George Steil, Jr.'s appointment to the BID Board, seconded by Councilmember McLean and passed by the following vote: Aye: Council President Collins, Councilmembers Pierson, McLean, Schneider, Stehura and Pulliam. Pass: Councilmember Stockwell. 5. Status report on Highway 11 bypass. Assistant City Manager Tom Rogers reviewed the status report on the proposed Highway 11 bypass alternatives. Councilmember Pulliam moved to reaffirm the Janesville City Council's support for the State Highway 11 bypass around the south side of Janesville, by connecting State Highway 11 west of the City, with 1-90 at the newly completed Avalon Rd. interchange on the City's southeast side. Further, to recognize that there is a need for a separate solution to the City of Beloit's transportation needs. The motion was seconded by Councilmember Schneider and passed unanimously. 4 6. A preliminary resolution for Public Works Program 1-1991. Councilmember Stehura moved to adopt said resolution, including the substitution of Palmer Dr., from Main St. to Sharon Dr., for Mohawk Rd., from Palmer Dr. to 1100 L.F north, listed under Sec. IV - Street Construction and New Development, seconded by Councilmember Pulliam and adopted unanimously. (File Resolution No. 91-1345) 7. The new City Services Center building plans were referred to the Plan Commission and scheduled for Council action on 18 March 1991. Councilmember Pierson requested information on the cost and type of equipment that will be placed in this building. 8. A proposed resolution amending Publio Works Improvement Program 2-1990 was introduced and scheduled for public hearing on 18 March 1991. (File Resolution No. 91-1345) 9. A proposed ordinance amending the City's ogling and improper accosting ordinance was introduced and scheduled for public hearing on 18 March 1991. (File Ordinance No. 91-733) 10. A proposed ordinance repealing the City's ogling and improper accosting ordinance was introduced and scheduled for public hearing on 18 March 1991. (File Ordinance No. 91-725) 11. A proposed ordinance raising the original and renewal bartender application fee to $25.00 was introduced, referred to the ALAC and scheduled for public hearing on 15 April 1991. (File Ordinance No. 91-728) 12. A proposed resolution discontinuing lands dedicated to the City located adjoining and north of Hickory Meadows was referred to the Plan Commission and scheduled for public hearing on 18 March 1991. (File Resolution No. 91-1355) 13. A proposed ordinance rezoning property located on Green Valley Dr. north of Randolph Rd. from RI to R3 was introduced, referred to the Plan Commission and scheduled for public hearing on 1 April 1991. (File Ordinance No. 91-727) 14. A proposed resolution vacating a portion of an access road on Milton Av. adjoining the Janesville Mall was introduced, referred to the Plan Commission and scheduled for public hearing on 15April 1991. (File Resolution No. 91-1353) 15. A proposed ordinance rezoning lands located east of USH 51 adjoining and west of the Soo Line Railroad from M1 to Agriculture was introduced, referred to the Plan Commission and scheduled for public hearing on 15 April 1991. (File Ordinance No. 91-730) 5 16. A proposed ordinance zoning property located adjoining and east of USH 51 and north of Black Bridge Rd. from Agriculture to Conservancy was introduced, referred to the Plan Commission and scheduled for public hearing on 15 April 1991. (File Ordinance No. 91-729) 17. A proposed ordinance rezoning land owned by Janesville Sand & Gravel located east of USH 51 from R1, R3 and Mi to M was introduced, referred to the Plan Commission and scheduled for public hearing on 15 April 1991. (File Ordinance No. 91-731) 18. A proposed ordinance rezoning land owned by the City located east of USH 51 from A (agriculture) to M (mining) was introduced, referred to the Plan Commission and scheduled for public hearing 15 April 1991. (File Ordinance No. 91-732) 19. Matters not on the agenda. Councilmember Pulliam asked for a co-sponsor to change the ordinance on financial gains to include the non-profit status of the organization. No one agreed to co- sponsor this amendment at this time. 20. Councilmember Pulliam moved to convene into closed session pursuant to Section 19.85 (1)(c), Wisconsin Statutes, for the purpose of evaluating the terms of employment of the City Manager, seconded by Councilmember Pierson and passed by the following vote: Aye: Council President Collins, Councilmembers Pierson, Schneider, Stehura and Pulliam. Absent: Councilmembers McLean and Stockwell. There being no further business, the meeting was adjourned at 10:08 p.m. to reconvene in closed session. These minutes are not official until approved by the City Council. Jean Ann Wulf City Clerk State of Wisconsin ) County of Rock )ss. I do hereby certify that the above is a true and correct copy of the minutes of 04 March 1991 on file in the Office of the City Clerk, City of Janesville. Tim Kitzman Deputy Clerk-Treasurer