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08-19-91PROCEEDINGS OF THE CITY COUNCIl, CITY OF JANESVILLE, WISCONSIN REGULAR MEETING 19 August 1991 Vol. 42 No. 11 APPROVED 3 SEPTEMBER 1991 Regular meeting of the City Council of the City of Janesville, held in the Municipal Building 19 August 1991 at 7:30 p.m. The meeting was called to order by Council President Schneider. Present: Council President Schneider, Councilmembers Pierson, O'Leary, Noll, Stehura, Collins and Brien. Councilmember Noll led the Council in the Pledge of Allegiance. CONSENT AGENDA Minutes of the regular meeting held 5 August 1991. Minutes of the Study Session held 12 August 1991. Licenses; and recommendations of the Alcohol License Advisory Committee. Financial gain request from St. Mary's Home and School to use Riverside Park on 13 October 1991 for their annual Steeple Chase Run. Financial Statement for the month of June 1991. Council President Schneider stated that if there were no objections, the consent agenda would be approved. There were no objections. (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.) A proposed resolution in commendation of Mavis E. Butler's service to the City of Janesville. Councilmember Collins moved to adopt said resolution, seconded by Councilmember Stehura and adopted unanimously. (File Resolution No. 91-1414) OLD BUSINESS 1. Requests and comments from the public on matters which can be affected by Council action. No one appeared. 2. Final resolution for Public Works Program #3-1991 was given its public hearing. The following individuals spoke in favor of the public works program at the following locations. 1 NAME ADDRESS LOCATION David Moore Representing Tom Li, owner of Center Avenue the Hong Kong Restaurant Les Taylor 2505/2509 Center Av. Center Avenue Delton Bickle 1427 Barham Railroad Street Mike Lukas 1812 Meadowlark Dr. Newport Av. The following individuals opposed the public works program at the following locations: Eugene Pakes 2305 Center Av. Center Avenue . Karen Schumacher 2407/2409 Center Av. Center Avenue Lyle Lee 2317 Center Av. Center Avenue Everett Twing 2429 Center Av. Center Avenue Mr. Jones Representing Lona Costigan Center Avenue 2339 Center Av. Rainey Knutson Representing the Aqua Jays Railroad Street Marjorie Reed 703 E. Milwaukee St. Railroad Street Larry Woodman 3243 Briar Crest Dr. N side of USH 14 Bernadine Brey 1230 S. Terrace Lapham Street Councilmember Collins moved to adopt Resolutions No. 91-1416 including the sewage lift station deverments, seconced by Councilmember O'Leary. Council President Schneider moved to delete improvements on east side of Center Avenue from Burbank Av. to 1,252 L.F. further south, seconded by Councilmember Pierson and passed by the following vote: Aye: Council President Schneider, Councilmembers Pierson, Noll, Stehura and Brien. Nay: Councilmember Collins. Pass: Councilmember O'Leary. Councilmember Noll moved to delete sewer and water improvements to Railroad St., seconded by Councilmember Pierson and failed unanimously. Councilmember Pierson moved to delete improvements for Railroad St. and Walker St., seconded by Ccuncilmember Noll and passed by the following vote: Aye: Council President Schneider, Councilmembers Pierson, Noll and Brien. Nay: Councilmembers Stehura and Collins. Pass: Councilmember O'Leary. Councilmember Stehura moved to delete improvements on Midland Rd, from 460.39 L.F. south of Palmer Dr. to East Racine St., seconded by Councilmember Brien and passed unanimously. Council voted on the main motion, as amended, and it was adopted unanimously. (File Resolution No. 91-1416) 2 3. Award of Contracts A through E for the 1991 Public Works Program No. 3. Councilmember Collins moved to award the contracts as recommended by the Committee of Public Works as follows: Sewer and Water to R. T. Fox Contractors ($790,665) Asphalt Paving to Frank Brothers, Inc. ($185,386) Curb & Gutter to Schultz Construction Co.($108,137.50) Excavation to P. W. Ryan Sons, Inc. ($20,420) Monterey Dam improvements to Dregne Construction Co. ($28,307) Motion was seconded by Councilmember Noll and passed unanimously. NEW BUSINESS 1. Action on a Certified Survey Map 91024-C, City of Janesville, a one lot survey located on Kennedy Road north of USH 14. Councilmember Collins moved to approve CSM 91024-C, seconded by Councilmember Brien and passed unanimously. (File CSM 91024-C) 2. Committee appointments. Councilmember Collins moved to approve Council President Schneider's appointments to the CATV Committee, seconded by Councilmember O'Leary and passed unanimously. 3. A proposed resolution authorizing the administration to apply for grant funds under the state's new recycling law for the City's 1991 recycling program. Councilmember O'Leary moved to adopt said resolution, seconded by Councilmember Stehura and adopted unanimously. (File Resolution No. 91-1405) 4. Action on proposed amendments to the City Council Policy pertaining to alcohol licenses. Councilmember Collins moved to adopt the amended City Council Policy, seconded by Councilmember O'Leary. Councilmember Pierson moved to change the word "may" to "shall" in VII - B. 4c., seconded by Council President Schneider and failed by the following vote: Aye: Council President Schneider, Councilmembers Pierson and Brien. Nay: Councilmembers O'Leary, Noll, Stehura and Collins. Council voted on the main motion and that passed by the following vote: Aye: Councilmembers O'Leary, Noll, Stehura, Collins and Brien. Nay: Council President Schneider and Councilmember Pierson. 5. A proposed ordinance amending JGO Section 5.06.090 B. so that 3 the Alcohol License Advisory Committee can recommend that the Common Council grant operator (bartender) licenses to persons who file false, misleading or incomplete applications upon the applicant's showing of strong mitigating circumstances, was introduced and scheduled for public hearing on 3 September 1991. (File Ordinance No. 91-749) 6. A proposed resolution releasing a portion of an easement for property at 1003 Alpine Drive was referred to the Plan Commission. (File Resolution No. 91-1415) 7. A proposed resolution vacating a portion of West Racine Street was referred to the Plan Commission and scheduled for public hearing on 30 September 1991. (File Resolution No. 91-1413) 8. Matters not on the agenda. Councilmember Collins requested information regarding the City's obligation to provide sewer and water to City residents. 9. Council President Schneider postponed the review of the 1992- 1996 Capital Program. 10. Councilmember Stehura moued to convene into closed session pursuant to Wisconsin Statute Section 19.85 (12) (g) for the purpose of conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved, seconded by Councilmember Collins and passed unanimously. There being no further business, the Council adjourned into closed session at 10:01 p.m. These minutes are not official until approved by the City Council. Jean Ann Wulf City Clerk 4