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