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03-05-90PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING 5 March 1990 VOL. 40 NO. 32 APPROVED 3/19/90 Regular meeting of the City Council of the City of Janesville, held in the Municipal Building 5 March 1990 at 7:30 p.m. Council President Stockwell called the meeting to order. Present: Council President Stockwell, Councilmembers Pierson, Collins, Pulliam, Stehura, McLean and Schneider. CONSENT AGENDA Minutes of the regular meeting held 19 February 1990. Minutes of the study session held 21 February 1990. Minutes of the special meeting held 28 February 1990. Licenses; and recommendations of the Alcohol License Advisory Committee: Waiver of Special Assessment Procedure for storm sewer charges for Mr. and Mrs. Donald Morse. Council President Stockwell 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.) OLD BUSINESS 1. Requests and comments from the public on matters which can be affected by Council action. Mr. Leonard Boschma, 2137 South Oakhill, expressed his interest in property located at 707 Center Av. He would like to use the garage as an office and warehouse, and the house as a residence. The current zoning is business. Councilmember Pulliam requested a report from the administration on how the zoning ordinance would apply in this matter. 2. A proposed ordinance rezoning property within the 2200 block of Kennedy Road from B2 to B3 was given its second reading by title only and public hearing. No one appeared for the public hearing. Councilmember Pulliam stated that he would pass on this issue to avoid a conflict of interest. Councilmember Collins moved to adopt said ordinance as presented, seconded by Councilmember Schneider and adopted by the following vote: Aye: Council President Stockwell, Councilmembers Pierson, Collins, Stehura, McLean and Schneider. Pass Councilmember Pulliam. (File Ordinance No. 90-658) 3 & 4. Proposed ordinances annexing the property and establishing the zoning classification of said property (90-656 & 90-657 respectively) located north of East Rotamer Road and east of Fox Hills Estate were given second readings by title only and public hearing. No one appeared. Councilmember Pulliam moved to adopt Ordinance 90-656, seconded by Councilmenuber McLean. Councilmember Pierson requested that the owner of the property petition to be a part of the Janesville School District. Councilmember Pierson moved to postpone for two weeks, seconded by Councilmember Stehura and failed by the following vote: Aye: Council President Stockwell, Councilmen)ers Pierson and Stehura. Nay: Councilmembers Collins, Pulliam, McLean and Schneider. Councilmember Pulliam then moved to reconsider postponement , seconded by Council President Stockwell and adopted by the following vote: Aye: Council President Stockwell, Councilmembers Pierson, Pulliam, Stehura and Schneider. Nay: Councilmebers Collins and McLean. Councilmember Pulliam moved to postpone for two weeks action on the annexation, seconded by Councilmember Pierson and adopted by the following vote: Aye: Council President Stockwell, Councilmembers Pierson, Pulliam, Stehura and Schneider. Nay: Councilmembers Collins and McLean. (File Ordinance No. 90-656) Councilmember Pulliam moved to postpone action on zoning said property for two weeks, seconded by Councilmember McLean and adopted by the following vote: Aye: Council President Stockwell, Councilmembers Pierson, Pulliam, Stehura, McLean and Schneider. Nay: Councilmember Collins. (File Ordinance No. 90- 657) 5. A proposed resolution, releasing a portion of an easement for 4121 and 4123 Bordeaux Drive, was opened for public hearing. Attorney Fred Wesner, representing the owners of the property, stated that his client, who had encroached approximately two feet into the utility easement and an overhang encroachment of one foot, was requesting the release of the easement. Councilmember McLean moved to adopt said resolution, :seconded by Councilmember Collins and adopted unanimously. (File Resolution No. 90-1252) 6. Council President Stockwell presented for reconsideration the Direct Sellers' Ordinance as revised and told Councilmembers that it would require five votes to reconsider. Councilmember Schneider moved to reconsider Revised Ordinance 89-643, seconded by Councilmember Pierson and adopted by the following vote: Aye: Council President Stockwell, Councilmembers Pierson, Collins, Pulliam, Stehura and Schneider. Nay: Councilmember McLean. Councilmember Schneider moved to adopt Revised Ordinance 89-643, seconded by Councilmember McLean. Councilmember Schneider moved to amend Section 5.68.040 A.1 - from "6:00 p.m." to "8:00 p.m.", seconded by Councilmember Collins. Councilmember Pierson moved to amend the amendment to "sunset", seconded by Councilmember McLean and failed by the following vote: Aye: Council President Stockwell, Councilmembers Pierson and McLean. Nay: Councilmembers Collins, Pulliam, Stehura and Schneider. Councilmember Pierson moved to amend the amendment to "sunset or 7:00 p.m., whichever is earliest.", seconded by Council President Stockwell and failed by the following vote: Aye: Council President Stockwell, Councilmembers Pierson and McLean. Nay: Councilmembers Collins, Pulliam, Stehura and Schneider. Councilmembers then voted on the first amendment, and it was adopted by the following vote: Aye: Councilmembers Collins, Pulliam, Stehura and Schneider. Nay: Council President Stockwell, Councilmembers Pierson and McLean. Council President Stockwell moved to amend Section 5.68.080- Exemptions H. to read as follows: "Any person conducting or engaging in any activity as a member of any benevolent, charitable, educational or non-profit organization or corporation. Except those persons who are not members of the organization and who have been independently contracted by and receive compensation for their solicitation activities from the herein described organizations.", seconded by Councilmember Pulliam and adopted by the following vote: Aye: Council President Stockwell, Councilmembers Pierson, Pulliam, McLean and Schneider. Nay Councilmembers Collins and Stehura. Councilmember Collins moved to amend by deleting everything except Section 5.68.020, Section 5.68.040 and Section 5.68.160, seconded by Councilmember Pierson and failed by the following vote: Aye: Councilmembers Pierson and Collins. Nay: Council President Stockwell, Councilmembers Pulliam, Stehura, McLean and Schneider. Council President Stockwell called for the vote as amended. Councilmember Schneider moved to adopt Revised Ordinance 89-643, seconded by Councilmember McLean and adopted by the following vote: Aye: Councilmembers Pulliam, Stehura, McLean and Schneider. Nay: Council President Stockwell, Councilmembers Pierson and Collins. (File Revised Ordinance 89-643) 7. A proposed ordinance revising the regulations governing burglar alarms and incorporating fire alarms was given its second reading by title only and public hearing. No one appeared and it was continued to April 2, 1990 by Council President Stockwell. (File Ordinance No. 90-659) NEW BUSINESS 1. Recommendation of the Plan Commission for the final plat of DiChiria Park. Councilmember Pulliam moved to adopt Resolution 90-1255, including acceptance of $6,741 for monies in-lieu-of parkland dedication, seconded by Councilmember Collins and adopted unanimously. (File Resolution No. 90-1255) 2. Waiver of Special Assessment Procedure for storm sewer charges for Dichiria Park was presented by City Manager Sheiffer for 44 new parcels in the amount of $37,182.50 to be spread over a five-year period with an interest rate of 11.25% on the unpaid balance. Councilmember Pulliam moved to approve the waiver for storm sewer charges as presented, seconded by Councilmember Collins and adopted unanimously. 3. A proposed resolution, recommended by the administration, authorizing a supplemental appropriation to provide additional funds for retirement of indebtedness in an amount of $25,131. Councilmember Pulliam moved to adopt said resolution, seconded by Councilmember Collins and adopted unanimously. (File Resolution No. 90-1258) 4. A proposed resolution, recommended by the administration, authorizing a supplemental appropriation to provide additional funds for health insurance in an amount of $193,185.00. Councilmember Pulliam moved to adopt said resolution, seconded by Councilmember Collins and adopted unanimously. (File Resolution No. 90-1259) 5. A proposed resolution, recommended by the administration, authorizing a supplemental appropriation to provide additional funds for the Ice Arena in the amount of $10,538. Councilmember Pulliam moved to adopt said resolution, seconded by Councilmember Collins and failed by the following vote: Aye: Councilmembers Pierson, Collins, Pulliam and Stehura. Nay: Council President Stockwell, Councilmembers McLean and Schneider. (File Resolution No. 90-1262) 6. A proposed resolution, recommended by the administration, authorizing supplemental appropriation to provide additional funds for the transit system in an amount of $48,141. Councilmember Pulliam moved to adopt said resolution, seconded by Councilmember Collins and adopted unanimously. (File Resolution No. 90-1266) 7. A proposed resolution, recommended by the administration, authorizing the City Manager to execute the option to acquire the Bank One parking lot at the southwest corner of West Milwaukee and South Franklin Streets. Councilmember Pulliam moved to adopt said resolution, seconded by Councilmember McLean and adopted unanimously. (File Resolution No. 90-1253) 4 8. A proposed resolution authorizing a supplemental appropriation to provide funds for tlhe police department to assist the Metro Unit in an amount of $24,025. Councilmember McLean moved to adopt said resolution, seconded by Councilmember Schneider and adopted unanimously. (File Resolution No. 90-1263) 9. A proposed preliminary resolution for Public Works Program No. 1-1990. Councilmember Stehura moved to adopt Resolution 90- 1250 with the deletion of Wolcott Street under "I", seconded by Councilmember Pulliam and adopted unanimously. Public hearing to be held 19 March 1990 at 7:30 p.m. (File Resolution No. 90-1250) 10. Award Contract H Palmer Park and Riverside Park wading pools. Council President Stockwell stated that the Public Works Committee recommended that action on this matter be postponed for two weeks. Councilmember Stehura moved to postpone awarding the contract two weeks,seconded by Councilmember Collins and adopted unanimously. 11. The Council considered authorizing the administration to deny the liability claims for Coleen Stalsberg (now Coleen Cox) and Walladene Wallace. Councilmember Pierson moved to deny both liability, seconded by Councilmember Pulliam and adopted unanimously. 12. Recommendations of the Transportation Committee: A) A proposed ordinance amending the list of connecting arterial streets was introduced by Council President Stockwell and given its first reading by title only and set for public hearing for 19 March 1990 at 7:30 p.m. (File Ordinance No. 90-660) B) Action on the recommendation of the Transportation Committee that Brakefield Drive be temporarily closed between Berkshire Road and Canterbury Drive. Councilmember Collins moved to refer it back to the Transportation Committee and that no action be taken for one year. Councilmember Pierson moved to postpone action for two weeks, seconded by Councilmember Schneider and adopted by the following vote: Aye: Councilmembers Pierson, Collins, Pulliam, Stehura, McLean and Schneider. Pass: Council President Stockwell. 13. A proposed resolution vacating an east-west alley between North Terrace and North Pearl Streets, north of Mineral Point Av., was introduced and referred to the Plan Commission for a report and recommendation. A public hearing was set for 16 April 1990 at 7:30 p.m. (File Resolution No. 90-1256) 14. A proposed resolution vacating a portion of South Walnut Street, Riverside Street and Mills Street was introduced and referred to the Plan Commission for a report and recommendation. A public hearing was set for 16 April 11990 at 7:30 p.m. (File Resolution No. 90-1260) 15. A proposed resolution releasing' utility easements for property east of North River St. and north of East Milwaukee St. was introduced and referred to the Plan Commission for a report and recommendation. Action by Council was scheduled for 19 March 1990 at 7:30 p.m. (File Resolution No. 90-1261) 16. A proposed resolution releasing utility easements for property located north of Randolph Road and east of Wright Road was introduced and referred to the Plan Commission for a report and recommendation. No other action was taken. (File Resolution No. 90-1264) 17. A proposed resolution vacating a portion of North Franklin Street between Laruel Avenue and Centerway was introduced and referred to the Plan Commission for a report and recommendation. A public hearing was set for 16 April 1990 at 7:30 p.m. (File Resolution No. 90-1265) 18. A proposed ordinance rezoning property located at 1704 Joliet Street from O1 to R1 was introduced and given its first reading by title only and referred to the Plan Commission for a report and recommendation. A public hearing was set for 2 April 1990 at 7:30 p.m. (File Ordinance No. 90-666) 19. Matters not on the Agenda. Councilmember Pierson requested information on the status of shared revenue ratio when there is an increase on the tax base. Council President Stockwell requested that supplemental appropriations be reflected in the presentation of next year's budget. 20. Councilmember Collins 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 McLean and adopted unanimously. There being no further business, the meeting was adjourned at 10:45 p.m. to reconvene in closed session. These minutes are not official until approved by the City Council. Angelo Lamendola Deputy City Clerk