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07-09-90PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING 9 July 1990 Vol. 41 No. 8 Regular meeting of the City Council of the City of Janesville held in the Municipal Building 9 July 1990 at 7:30 p.m. Council President Collins called the meeting to order. Present: Council President Collins, Councilmembers Pierson, McLean, Schneider, Stehura, Stockwell and Pulliam. CONSENT AGENDA Council President Collins stated that the minutes of the regular Council meeting held 25 June 1990 and licenses would not be considered under the Consent Agenda, but would be acted on separately. Minutes of the closed session held 25 June 1990. Financial gain request from: a) Noon Rotary Club for permission to use Traxler Park for their annual corn roast and mud volleyball tournament on 18 August 1990, b) The Business Improvement District for permission to use the parking plaza for their Farmers' Market on Wednesdays and Saturdays from 11 July through 31 October, 1990. Waiver of Special Assessment Procedure for storm sewer charges for Prairie Fox Estates. Council President Collins stated that if there were no objections, the consent agenda would be approved. There were no objections. Councilmember Pulliam moved to accept and place on file the 25 June 1990 City Council Minutes with the following corrections: The vote on Ordinance No. 90-680 be corrected to show Councilmembers Pierson, Schneider, Stehura and Mclean voted nay, also, the speed limit study will be brought before the Council during the 1991 budget process, seconded by Councilmember Stehura and approved unanimously. LICENSES- Operators Councilmember Stehura moved to approve all licenses for the applicants not scheduled to appear before the Alcohol License Advisory Committee , seconded by councilmember McLean and passed unanimously. Linda Burke and Brian Gibson Appeared before Council to answer any questions in regards to their operator's license applications. councilmember Pulliam moved to approve an operator's License to Linda Burke, seconded by council President Collins and passed by the following vote: Aye: Council President Collins, Councilmembers Pierson, Stehura, and Pulliam. Nay: Councilmembers McLean, Schneider and Stockwell. Councilmember Pulliam moved to deny an operator's license to Brian Gibson, seconded by Councilmember Stockwell and passed unanimously. The operator's license for William Vance was referred back to the ALAC, an no action was taken. SPECIAL EVENT CLASS B APPLICATIONS Councilmember Pulliam moved to approve a Class B License for Rock Aqua Jay Water Ski Club, Inc. for 11 and 12 August 1990. Janesville Noon Rotary Club for 18 August 1990 and the Janesville Fast Pitch Association for 21, 21, and 22 July 1990, and 15 July 1990, seconded by Councilmember McLean and passed unanimously. CLASS B APPLICATIONS Councilmember Pulliam moved to approve the change in stockholders for T & C of Janesville, Inc., d/b/a Town and Country Restaurant, seconded by Councilmember Stockwell and passed unanimously. Action on application for a Class B license for Jean Ann Vance for premises at 418 West Milwaukee St., d/b/a The Circuit. Jean Ann Vance and Michael Shaffner appeared before Council to respond to any questions that Councilmembers had. Councilmember Stehura moved to refer this license to the ALAC, seconded by Councilmember Stockwell and passed unanimously. Action on an application for a Class B license by Jake McMahan, Inc. for premises located at 1951 Center Avenue, d/b/a Jake's Bar and Restaurant. Councilmember McLean moved to deny this license, seconded by Councilmember Schneider. Councilmember McLean withdrew his motion and Councilmember Schneider withdrew his second. Jake McMahon and his attorney, Bob Ruth, as well as Attorney Jim Carney, representing the sellers - Mr. and Mrs. Chesney - appeared before Council to respond to any questions that council had. Councilmember Stockwell moved to refer this license back to the ALAC, seconded by Councilmember McLean and passed by the following vote: Aye: Councilmembers McLean, Schneider, Stehura and Stockwell. Nay: Council President Collins, Councilmembers Pierson and Pulliam. Action on an application for a Class B Restaurant license for Biram Dalip and Perry Dalip for premises at 7 North Main, d/b/a Bixby's Pub Eatery. Biram and Perry Dalip appeared before the Council to respond to any questions the Council had. Councilmember Schneider moved to refer this Class B Restaurant License back to the ALAC, seconded by Councilmember Stockwell and passed unanimously. OTHER LICENSES Councilmember Pierson moved to approve all non-alcohol related licenses, seconded by Councilmember Pulliam and approved unanimously. (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. Alan Dunwiddie, representing the Hickory Meadows Condo Association, Elizabeth O'Rear - 406 Clearview, Sharon Foss - 214 Shady Oak Ct., Rose Greenhalgh - 2931W. Memorial, Ruth Ann Potts - 100 Glenview Ct., spoke in opposition to the Teams Youth Center license. Jan Helgeson and Paul Ellis, co-applicants of the Teams Youth Center spoke in favor of the license. 2. A proposed ordinance prohibiting habitual truancy and contributing to truancy was given its second reading by title only and public hearing. Steven Ryan, representing the Janesville School District, spoke in favor of this ordinance. Councilmember Mclean moved to approve said ordinance, seconded by Councilmember Pulliam and approved unanimously. (File Ordinance No. 90-678) 3. A proposed ordinance amending Section 8.74.020 A of the City's smoking ordinance by adding property and school owned motor vehicles to the list of educational facilities where smoking is prohibited was given its second reading by title only and public hearing. Steven Ryan, representing the Janesville School District, spoke in favor of this ordinance. Councilmemgber Pierson moved to refer this ordinance to the City Attorney for a legal opinion, in light of the new state statute regarding smoking on school grounds, seconded by councilmember McLean. Councilmember Pierson withdrew his motion and Councilmember Mclean withdrew his second. Councilmember Pierson moved to approve said ordinance, seconded by Councilmember Mclean. Councilmember Pulliam moved to postpone action on theis ordinance for four weeks, seconded by councilmember Stockwell and fialed by the following vote: Aye: Councilmembers Stehura, Stockwell and Pulliam. Nay: Council President Collins, Councilmembers Pierson, McLean, and Schneider. Council then voted on the main motion and that failed by the following vote: Aye: Councilmembers Stehura, Stockwell and Pulliam. Nay: Council President Collins, Councilmembers Pierson, Mclean, and Schneider. 4. A proposed ordinance amending the time limits dertermining when abandoned unlicensed, or non-operable vehicles constitute a public nuisance was given its second reading by title only and public hearing. No one appeared for the public hearing. Councilmember McLean moved to adopt said ordinance, 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 Ordinance No. 90-681) 5. Award of contracts for Public Works Mid-year Special Projects. Councilmember Pulliam moved to award the Monterey Stadium renovation to Pukall company, Inc. in the amount of $51,771, and to award the riverwall repair contract to Pressure Concrete Construtiction Co. in the amount of $183,459, seconded by Councilmember Stehura and passed unanimously. NEW BUSINESS 1. A proposed resolution autherizing the issuance of $1,500,000 General Obligation Promissory Note - Series 1990-A, confirming the sale thereof, determining the interest rates thereon and levying the taxes in connection therewith. Councilmember McLean moved to adopt said resolution, seconded by Councilmember Pulliam and adopted unanimously. (File Resolution No. 90-1293) 2. Recommendations of the Plan Commission. A) Councilmember Stehura moved to approve Final Certified Survey Map 90027-C, Neumann Developments, 4 lots located on the north side of East Milwaukee St. and to the west of USH 14, seconded by Councilmember Pulliam and approved by the following vote: Aye: Council President Collins, Councilmembers Pierson, Mclean, Schneider, Stehura and Pulliam. Pass: Councilmember Stockwell. (File CSM 90027-C) B) A proposed resolution approving the final plat of Wuthering Hills Manor. Councilmember Schneider moved to adopt said resolution, seconded by Councilmember McLean and adopeted unanimously. (File Resolution No. 90-1296) C) A proposed resolution approving the final plat of Prairie Fox Estates. Councilmember McLean moved to adopt said resolution, seconded by Councilmember Schneider and adopted by the following vote: Aye: Council President Collins, Councilmembers Pierson, McLean, Schneider, Stehura and Pulliam. Pass: Councilmember Stockwell. (File Resolution no. 90-1297) 3. Consideration of an application for a Youth Center license at 2723 West Memorial Drive. Councilmember McLean moved to approve the Youth Center license for Teams, seconded by Councilmember Stockwell. Councilmember Pierson moved to amend the closing time to 11:00 p.m. and received no second. Council then voted on the main motion and that motion passed by the following vote: Aye: Council President Collins, councilmembers McLean, Stockwell, and Pulliam. Nay: Councilmembers Pierson, Schneider and Stehura. 4. A proposed resolution authorizing the submittal of a state grant application for a household hazardous waste collection program. Councilmember Stehura moved to adopt said resolution, seconed by councilmember Stockwell and adopted unanimously. (File Resolution No. 90-1298) 5. A proposed ordinance rezoning property located at the northeast corner of I-90 and Milton Avenue from R1 to B2 was introduced by titile only and referred to the Plan Commission and scheduled to bee brought back to Council in 90 days, so that a public hearing could be scheduled. Councilmember Pulliam stated he had a conflict of interest on this matter and would no be participating whenever this item was on the agenda. (File Ordinance No. 90-682) 6. Matters not on the agenda. Tom Rogers, Director of Public Works/ Assistant City Manager, that htere would be a state public hearing on the Rock County Transportaion Study held at Blackhawk Tech on 10 July 1990 at 7:00 p.m. and invited all Councilmembers to attend There being no other business, the meeting was adjourned at 10:53 p.m. These minutes are not official until approved by the City Council Jean Ann Wulf City Clerk STATE OF WISCONSIN ) COUNTY OF ROCK ) SS. I, Jean Ann Wulf, City Clerk/Treasurer of the City of Janesville, Wisconsin, do hereby certify that the foregoing is a true and correct copy of the minutes of the meeting of the Common Council of the City of Janesville held 9 July 1990.