04-30-90PROCEEDINGS OF THE CiTY COUNCIL
CiTY OF JANESVILLE. WISCONSIN
REGULAR flEETING
30 April 1990
VOL. 41
NO. 2
APPROVED 5/14/90
Regular meeting of the City Council of the City o£ Janesville
held in the Municipal Building 30 April 1990 at 7:30 p.m.
Council President Collins called the meeting to order.
Present: Council President Collins, Councilmembers Pierson,
HcLean, Schneider. Stehura, Stockwell and Puiiiam.
CONSENT AGENDA
Licenses: and recommendations of the Alcohol License
Advisory Committee.
Financial statement for the month of March 1990.
Council President Collins stated if there were no objections,
these two items would be approved. There were no obsections.
Councilmember Stehura moved to accept the minutes of the regular
meeting held 16 April 1990, seconded bv Counciimember Stockwell
and passed by the following vote Aye: Council President
Collins, Councilmembers Pierson, Schneider, Stehura, Stockwell
and Pulliam. Pass: Councilmember McLean.
Councilmember Stehura moved to accept the minutes of the
organizational meeting held 17 April 1990, with a friendly
amendment to place his name in the seating arrangement between
Councilmember Schneider and Council President Collins, seconded
by Councilmember Stockwell and passed by the following vote:
Aye: Council President Collins, Councilmembers Pierson,
Schneider, Stehura, Stockwell, and Pulliam. Pass: Councilmember
McLean.
(All applications of licenses are on file in the office of
the City Clerk and are incorporated by reference therein
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. The following persons appeared
before the Council: Mrs. Connie Steinke of 1934 S. Williard Av.,
concerning sidewalk on her property, and Mr. Glen Dodge of 2137
S. Oakhill, relative to his request for use of his property as
combined residential/business.
The followinc citizens appeared before the Council to voice their
opinions on the placement of the barricades on Brakefield Dr:
Gloria and George Ploof - 3115 Berkshire, James Nightingale
3431 Canterbury La., Robert Hanel - 219 Brakefield, Randy
Perguson - 143 Yorkshire La., Mrs. Belken - 2444 Valley Dr.. Ken
Hessenauer - 136 Brakefield, Mr. Allison - 117 Brakefield Dr., R.
L. Henry - 3354 Berkshire Rd., R. Swenson - 218 Brakefield, P.
Terpstra - 169 Brakefield, D. Schwartz - 276 Brakefield Dr., R.
J. Conradson - 3228 Canterbury La., O. Snyder - 21 Brakefield, H.
Babler - 3435 Palmer Dr., D. Haney - 3260 Canterbury La., C.
Flanagan - 3214 Berkshire, G. J. Rowe - 3211 Berkshire, and J.
Butler - 148 Brakefield.
2. Reconsideration of placement of barricades on Brakefield
Drive.
Councilmember Stehura moved to reconsider the placement of the
barricades on Brakefield Dr., seconded by Councilmember McLean.
Council President Collins reminded the Councilmembers that uhe
motion would require five affirmative votes to pass. Motion failed
by the following vote: Aye: Councilmembers McLean,
Schneider, Stehura and Stockwell. Nay: Council President
Collins, Councilmembers Pierson and Pulliam.
Councilmember Stockwell stated that he did not know how many
sidewalks were needed, depending on the diversion of traffic, but
the neighborhood does need some sidewalks. He feels the
administration will take that as direction to put it on next
year's sidewalk program.
3. Second reading and public hearing on a proposed ordinance
licensing and regulating youth centers.
Appearing at the public hearing were: James LeBeau, 402 1/2 S.
Locust St. , to request a change in the closing time and
admittance age. Richard Eddington, 222 Wisconsin, spoke on the
closing time.
Councilmember McLean moved to adopt Ordinance No. 90-665,
seconded by Councilmember Pulliam.
Councilmember Stockwell moved to amend the ordinance by changing
Section 5.14.03~ B with the following language: "The licensee
shall notify the Clerk within five days of any chances in the items
addressed herein.", seconded by Councilmember McLean.
Councilmember Stockwell withdrew his motion and Councilmember
McLean withdrew his second.
Councilmember Stockwell moved to amend the ordinance by adding
Section 5.14.O30 B to read: "Any change in the ownership or
operation of a youth center shall require the filing and the Council
Council review and consideration of a new youth center license
application." seconded by Councilmember Puiliam.
Councilmember Stockwell withdrew his motion and Councilmember
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Pulliam withdrew his second.
Councilmember Stockwell moved to amend Secnion 5.14.030 C to
read: "A youth center license shall not be transferable as to
ownership or location.", seconded by Councilmember Puliam and
passed unanimously.
Councilmember Stockwell moved to amend Sectlon 5. 24.O4e C to
read: "No fee shall be refunded.", seconded by Councilmember
Pulliam and passed by the following vote: Aye: Council
President Collins, Councilmembers Schneider, Stockwell and
Pulliam. Nay: Councilmembers Pierson, McLean and Stehura.
Councilmember Stockwell moved to amend Section 5.14.060 Sub. B by
deleting the entire paragraph, seconded by Councilmember Pierson
and passed by the following vote: Aye: Council President
Collins, Councilmembers Pierson, McLean, Stockwell and Fulliam.
Nay: Councilmembers Schneider and Stehura.
Councilmember Stockwell moved to amend Section 5.14.080 A to
change the language to read. after the words "responsible
attendant", insert "eighteen (18) years of age or over", seconded
by Councilmember Pulliam and passed unanimously.
Councilmember Stockwell moved to amend Section 5.14.090 C to
read: "No person under the age of 16 shall be present on the
licensed premises after 11:00 p.m. on any day.", seconded by
Councilmember Pulliam and failed by the following vote: Aye:
Councilmembers McLean, Stockwell and Pulliam. Nay: Council
President Collins, Pulliam, Stehura and Schneider.
Councilmember Stockwell moved to amend Section 5.14.100 Location
- to read: "A youth center shall not be located within three
hundred (350) feet from any property or premises licensed for the
retail sale of alcohol beverages or within three hundred (300)
feet of any other licensed youth center." seconded by
Councilmember Pulliam and passed by the following vote Aye:
Councilmembers McLean, Schneider, Stehura, Stockwell and Pulliam.
Nay: Council President Collins and Councilmember Pierson.
Councilmember Pierson moved to amend Section 5.14.060 A to change
the lower age limit from "fourteen" to "fifteen", seconded by
Councilmember Schneider and passed by the following vote: Aye:
Council President Collins, Councilmembers Pierson, Schneider and
Stehura. Nay: Councilmembers McLean, Stockwell and Pulliam.
Councilmember Pierson moved to amend Section 5.14.090 by deleting
Sub. C, seconded by Council Preaident Collins and passed bv the
following vote: Aye: Council President Collins, Councilmembers
Pierson, HcLean and Stehura. Nay: Councilmembers Schneider.
Stockwell and Pulliam.
Councilmember Schneider moved to amend Section 5.14.090 A by
changing the time from "1:00 a.m." to "12:00 a.m." Motion died
for lack of a second.
Council President Collins called for a vote on the main motion as
amended and it was adopted by the following vote Aye: Council
President Collins, Councilmembers Pierson, McLean, Stehura,
Stockwell and Pulliam. Nay: Councilmember Schneider. (File
Ordinance No. 90-665)
4. Public Works Program #1-1990 - award contracts (Group 2 as
recommended by the Committee of Public Works. Councilmember
Stockwell moved to award the contract for new sidewalks to
Johnson Brothers Construction, Edgerton, in the amount of
$33,647.50, seconded by Councllmember Schneider and passed
unanimously.
Councilmember Pulliam moved to award the contract for the main
Street Bridge to Concrete Structures, inc.. Janesville, in the
amount of $12,839.25, seconded by Councilmember Schneider and
passed by the following vote: Aye: Council President Collins,
Councilmembers Schneider, Stehura and Pulliam. Nay:
Councilmembers Pierson, McLean and Stockwell.
NEW BUSINESS
1. Action on a location transfer of a Class "A" Intoxicating
Liquor and Fermented Malt Beverage License for Robert Peterson,
d/b/a Junior House of Bacchus. Councilmember Stehura moved to
approve the transfer of both licenses from 2610 E. Milwaukee to
1924 S. Milwaukee, contingent upon the receipt of a complete and
proper lease, seconded by Councilmember McLean and passed
unanimously.
2. Committee appointments. Councilmember McLean moved to
approve the lists of appointments proposed by Council President
Collins and City Manager Sheiffer, seconded by Councilmember
Pulliam and passed unanimously.
3. Action on a proposed resolution approving the transfer of
ownership of the cable television franchise from Jones Intercable
Joint Fund II to Jones Crown Partners.
Councilmember Stockwell moved to not approve Resolution No. 90
1278, seconded by Councilmember Pulliam.
Mr. Neil Sullivan, Fund Vice President (Jones intercable) and Mr.
John Miller, local manager of Jones Intercable, appeared before
the Council relative to the City's concern of transferring ownership.
The motion was adopted by the following vote: Aye:
Councilmembers Pierson, McLean and Stockwell. Nay: Council
President Collins and Councilmember Pulliam. Pass:
Councilmembers Stehura and Schneider. (file Resolution No. 90-
1278)
4. Action on a Proposed resolution authorizing a supplemental
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appropriation to provide additional funds for the Solid Waste
Disposal Budget. Council President Collins called attention to
the two-thirds vote needed to adopt this resolution.Council-
member Pulliam moved to adopt Resolution No. 90-1275,
seconded by Councilmember Stockwell and adopted by the following
vote: Aye: Councilmembers Pierson, McLean, Schneider, Stehura,
Stockwell and Pulliam. Pass: Council President Collins. (File
Resolution No. 90-1275)
5. A proposed ordinance creating a 4-way stop intersection at
Ruger Av. and S. Lexington Dr. was given its first reading by
title only and set for public hearing on 11 June 1990. (File
Ordinance No. 90-674}
6. Matters not on the, agenda
Councilmember Schneider inquired about the trees damaged during a
burning in the greenbelt area. The administration will be looking into this matter.
Council President Collins asked for someone to raise the issue on
the the Willard Av. sidewalk. Councilmember Pulliam moved to
reconsider the entire sidewalk resolution (Res. 90-1274),seconded
by Councilmember Schneider and adopted by the following vote:
Aye: Council President Collins, Councilmembers Pierson,
McLean, Schneider, Stehura and Pulliam. Nay: Councilmember
Stockwell.
Councilmember McLean moved to delete the sidewalk on Willard
Avenue, seconded by Councilmember Schneider.
Councilmember Stockwell moved to amend the motion by deleting the
sidewalk on the west side of Willard Avenue from King St. to Kellogg Av.
seconded by Councilmember Pierson and passed by the following vote:
Aye: Councilmembers Pierson, McLean, Stockwell, and Pulliam. Nay:
Council President Collins, Councilmembers Schneider and Stehura.
Council voted on the main motion of deleting the sidewalk on the
west side of Willard Avenue from King St. to Kellogg Av., and passed
by the following vote: Aye: Council President Collins, Councilmembers
Pierson, McLean, Schneider and Pulliam. Nay: Councilmembers
Stehura and Stockwell.
Councilmember Stockwell moved to add sidewalks on the east side
of Willard Av. from Conde St. to Kellogg Av., seconded by
Councilmember Stehura and failed bv the following vote: Aye:
Councilmembers Stockwell and Stehura. Nay: Council President
Collins, Councilmembers Pierson, McLean, Schneider and Pulliam.
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Pierson, McLean, Schneider and Pulliam. Nay: Councilmembers
Stehura and Stockwell.
7. Councilmember Pulliam moved to convene into closed session
pursuant to Section 19.85 (1) (g), Wis. Stats., for the purpose of
conferring with legal counsel for the governmental body who is ren-
dering oral and/or written advice concerning strategy to be adopted
by the body with respect to a claim which may adopted by the body
with respect to a claim which may likely result in litigation, seconded
by Councilmember Stockwell and passed unanimously.
There being no further business, the meeting adjourned at 11:55 p.m.
to reconvene in closed session.
Angelo Lamendola
Deputy City Clerk
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