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
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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
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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.
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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)
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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