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07-25-94PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING July 25, 1994 APPROVED AUGUST 8, 1994 Vol. 45 No. 8 Regular meeting of the City Council of the City of Janesville, held in the Municipal Building, July 25, 1994. The meeting was called to order by Council President Noll. Present: Council President Noll, Councilmembers Stehura, Heitzman, Brien, O'Leary, Schneider and Thomas. Councilmember Thomas led the Council in the Pledge of Allegiance. CONSENT AGENDA Minutes of the regular meeting held July 11, 1994. Minutes of the closed meeting held July 11, 1994. Minutes of the study session held July 18, 1994. Licenses; and recommendations of the Alcohol License Advisory Committee. Action on a financial gain request from the Boys and Girls Club to use Traxler Park on August 27, 1994. Financial statement for the month of June, 1994. Final Certified Map 94035-C, one lot and one outlot on Garden Drive. Final Certified Map 94036-C, one lot on Garden Drive. Waiver of special assessment procedure for traffic signal and road improvement charges at the intersection of Highway 14 and Deerfield Drive. Council President Noll added the American Legion Baseball, Inc. request for permission to use Riverside Park for the State Baseball Tournament, to be held August 6 through August 10, 1994, and a temporary Class B license to the consent agenda. In addition, she removed the closed session minutes, held July 11, 1994, from the consent agenda. Council President Noll stated that if there were no objections, the consent agenda would be approved. There were no objections. Councilmember Heitzman moved to approve the closed session minutes, with the amendment that Councilmember Brien was absent, seconded by Councilmember Stehura and passed by the following vote: Aye: Councilmembers Stehura, Heitzman, O'Leary and Schneider. Pass: Council President Noll, Councilmembers Brien and Thomas. (Ail 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. and Mrs. David Peterson, 406 Johnson Street, requested that the City monitor and control the vandalism and anti-social behavior occurring in the fourth ward park area. It is their opinion, that it is a very unsafe area for families. Police Chief Brunner and City Manager Sheiffer stated they would take her comments under advisement, and look into the matter. Jim Bahler, 404 North Washington, stated that the extra police officers, hired in 1994, should be walking the beat in the fourth ward and other problem areas, to eliminate the problems described above. 2. Reconsideration of a proposed ordinance rezoning property at 1426 North Wright Road from R3 to Ri and B3. Walden Thiede, 625 St. Lawrence, stated his opposition to this rezoning. Attorney Robert Consigny, representing Don Marklein and Fagan Chevrolet, requested the Council approve the revised ordinance, as presented. Councilmember O'Leary moved to adopt said ordinance, and delete Section I of said ordinance, seconded by Councilmember Schneider. Councilmember O'Leary withdrew his motion. Councilmember O'Leary moved to adopt Revised Ordinance 94-928, seconded by Councilmember Schneider. Councilmember Schneider moved to delete Section I of said ordinance, seconded by Councilmember O'Leary and passed by the following vote: Aye: Council President Noll, Councilmembers Stehura, Brien, O'Leary and Schneider. Nay: Councilmembers Heitzman and Thomas. Council voted on the main motion and it passed unanimously. Revised Ordinance No. 94-928) (File 3 & 4. Proposed ordinances annexing land (94-935) and zoning land (94-936) north of Skyview Drive to Highway 14, were given their second reading and public hearing. No one appeared for the public hearing. Councilmember O'Leary moved to adopt both ordinances, seconded by Councilmember Stehura and passed unanimously. (File Ordinances No. 94-935 & 94-936) 5. A proposed ordinance amending playgrounds as conditional uses in second reading and public hearing. text to allow private indoor 01 districts, was given its Dave Siker, 4115 Eastridge, and Wayne Achterberg, Edgerton, stated their support of this ordinance. Councilmember Schneider moved to deny said ordinance, seconded by Councilmember Brien and passed by the following vote: Aye: Councilmembers Heitzman, Brien, Schneider and Thomas. Nay: Council President Noll, Councilmembers Stehura and O'Leary. (File Ordinance No. 94-938) 6. Award of contract Q (Environmental Clean-up of DPW Site). Councilmember O'Leary moved to award the contract to Rock Road Companies, Inc. in the amount of $451,200, seconded by Councilmember Heitzman and passed unanimously. NEW BUSINESS 1. Proposed resolutions approving the final plat of Juniper River Bluffs (94-1816) and Waveland Orchard Fourth Addition (94-1815). Councilmember O'Leary stated, for the record, that he would be passing on Resolution 94-1816, because of a conflict of interest. Councilmember Schneider moved to adopt Resolution 94-1816, seconded by Councilmember Thomas and passed by the following vote: Aye: Council President Noll, Councilmembers Stehura, Heitzman, Brien, Schneider and Thomas. Pass: Councilmember O'Leary. Councilmember Schneider moved to adopt Resolution 94-1815, seconded by Councilmember Thomas and it passed unanimously. (File Resolutions No. 94-1816 and 94-1815) 2. A proposed resolution authorizing the acquisition of the property at 210 West Wall Street. Councilmember Schneider moved to adopt said resolution, and to amend the purchase price of $45,000 to $48,000, seconded by Councilmember Thomas and passed unanimously. (File Resolution No. 94-1808) 3. A proposed resolution authorizing the acquisition and sale of park land for Pershing Park. 3 Councilmember O'Leary moved to adopt said resolution, seconded by Councilmember Brien and passed unanimously. (File Resolution No. 94-1806) 4. A proposed resolution requesting the County Administrator include an amount equal to 91% of full funding for township use of the City library in the 1995 budget request. Councilmember Stehura moved to adopt said resolution, seconded by Councilmember Heitzman and passed unanimously. (File Resolution No. 94-1813) 5. Motion to approve cable services installed at selected city facilities. Councilmember Stehura moved to approve the installation of cable services at the leisure services building, the ice arena, the Rath Environmental Center at Rotary Gardens, and the two golf course club houses, seconded by Councilmember Heitzman and passed unanimously. 6. Award of Contracts R (Hwy 14/Deerfield Drive Traffic Signal), S (Sidewalk, Handicap Ramps) and T (Riverside Clubhouse Reroofing). Councilmember Heitzman moved to award Contract R to J. F. Edwards Construction Company in the amount of $61,308.63; to award Contract S to Schultz Construction Company in the amount of $78,080; and, to award Contract T to McDermaid Roofing and Insulating Company in the amount of $20,153.10, seconded by Councilmember O'Leary and passed unanimously. Councilmember Brien requested the Tabulation of Bids form include funding sources available for each project. 7. A proposed ordinance imposing a penalty for late paid snow removal violation tickets and certain late paid parking tickets, was introduced and scheduled for public hearing on August 8, 1994. (File Ordinance No. 94-923) 8. A proposed ordinance permitting the disposal of bicycles and other found property, other than by auction or sale open to the public, was introduced and scheduled for public hearing on August 8, 1994. (File Ordinance No. 94-937) 9. A proposed ordinance rezoning property in the 1800 block of North Washington Street from B3 to R3 was introduced, referred to the Plan Commission and scheduled for public hearing on August 22, 1994. (File Ordinance No. 94-939) 10. A proposed ordinance changing the schedule for regular City Council meetings to twice monthly, was introduced and scheduled for public hearing on August 8, 1994. (File Ordinance No. 94-940) 11. Matters not on the Agenda. Council President Noll requested that a median opening for New Life Church on Wright Road be placed on the next Council agenda. In addition, she scheduled a Special Council Meeting on August 16, 1994 at 4:00 p.m. to discuss the library, and at 7:00 p.m. to discuss the financial status of the City. Ail Councilmembers waived notice of the special meeting. There being no further business, the Council adjourned into study session at 9:10 p.m. 12. Study Session - Request from Wisconsin Department of Transportation to provide sanitary sewer service to the 1-90 rest area north of Janesville. Assistant City Manager Tom Rogers stated the City administration has negotiated an agreement with Wisconsin Department of Transportation where the State would pay for the cost of sanitary sewer installation from the current main to the rest area, and the City would pay for the cost differential between an 8 inch sewer main and a 12 inch sewer main. After discussing the issue, the Council requested that this agreement be placed on the next Council agenda. 13. Councilmember O'Leary moved to convene into closed session pursuant to Wisconsin Statute Section 19.85 (1)(g), 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 concerning one or more personal injury and/or property damage claims, seconded by Councilmember Heitzman and passed unanimously. There being no further business, the Council adjourned into closed session at 9:28 p.m. These minutes are not official until approved by the City Council. Jean Ann Wulf City Clerk 5