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Minutes 02-18-02.docPROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, VVlSCONSIN SPECIAL MEETING February 18, 2002 VOL. 52 NO. 30 A special meeting of the City Council of the City of Janesville held in the Municipal Building on February 18, 2002. 1. The meeting was called to order by Council President Brien at 7:00 p.m. Councilmember Murphy led the Council in the Pledge of Allegiance. 2. Present: Council President Brien, Councilmembers Damron, Williams, O'Leary, DeGarmo, Murphy and Steeber. 3. A proposed ordinance updating Janesville's nudity in public places and adult oriented entertainment business licensing and zoning regulations for both alcohol licensed and non-alcohol properties received its second reading and public hearing. Council President Brien opened the public hearing. The following individuals spoke: Favor Favor Favor Favor Favor Favor Favor Favor Favor Opposed Opposed Opposed Opposed Opposed Opposed Opposed Opposed Opposed Opposed Opposed Opposed Opposed Opposed Opposed Opposed Opposed Opposed Opposed Opposed Opposed Opposed Opposed Opposed Erwin Kanter, 625 Chestnut St. Martha Gibbs, 120 N. River St. Dr. Bob Gordon, 4410 N. River Rd. Susan Jacobson, 4923 W. Brown Deer Lane Tim Erickson, 791 Princeton Rd. Shana Heath, 2113 S. Hawthorne Park Dr. Kay Sodeman, 3273 Hampshire Rd. Sue Boettcher, 3825 E. Rotamer Rd. Bill Sodeman, 3273 Hampshire Rd. Jerry Hardy, 108 Oakland Ave. Kathy Rienhurst, 2621Mt. Zion Ave. Ty Bollerud, 424 Pearl St. Edward Linn, 50 Merchant Row, Milton Kevin Cornell, 132 S. Wright Rd. Jack Taaffe, 1202 W. Delavan Dr. Ed Zirba, 718 N. Ringold St. Chris Kelsher, 1516 Kellogg Ave. Robert Bogen, 3708 Rockport Rd. Sara Ringelstetter, 1516 Kellogg Ave. Jeffrey Fisk, 1045 Putnam St.. Debbie Adams, bartender at Isabella Queen Heather Wollard, 3007 Palmer Dr. Heather Francis, 727 Rockport Rd. Diana Henning, 2723 Pleasant Ave, Hanover James Roudy, Manager of Diamond Jim's and Isabella Queen J C Johnson, 110 S. Washington Street, New Lisbon, VVl Allan Rubin, Southfield, MI, attorney for Screamin' MeeMees Nick Dietz 117 N. Washington Ave. Steve Trueblood, 4625 W. Highway 11 John Francis, 43 S. Concord Dr. Jim Halbach, 3337 S. Schuman Rd, Orfordville Randy Peterson, 342 Galena, Footville David Rieck, 1946 Riverview Dr. Opposed David Halbach, 2713 Mt. Zion Ave. In addition, Kay Sodeman presented a petition with over 900 signatures supporting the proposed ordinance. Council President Brien closed the public hearing. City Manager Sheiffer requested that the Council delete the following sections of the ordinance: Sections 5.82.040 F. 4, b. and c., 5., 8., 9., 10. Section: 5.82.040 H. Section 5.82.040 Q. Sections 5.82.050 A. 1. c., 2 and 3. Sections: 5.82.050 C. 4, 6, 8 and 9 Sections 5.82.100 B., C. and H. Councilmember Murphy moved to adopt said ordinance with the City Manager's amendments. Councilmember Steeber seconded the motion. Councilmember Murphy moved to amend Section 5.82.060 A. and B. by changing ...the original license fee from $1,000 to $700 for new licenses, ...the renewal license fee from $1,000 to $150 and ...the payment requirement from at the time of application to before the time of issuance. Councilmember DeGarmo seconded the motion and it passed unanimously. Councilmember Murphy moved to amend Section 5.82.110 by allowing those establishments already in existence at the time of adoption of this ordinance to be grandfathered in for sections 1, 2, and 3 and deleting section 4. Councilmember DeGarmo seconded the motion and it passed by the following vote: Aye: Councilmembers Wdliams, DeGarmo, Murphy, Steeber and Brien. Nay: Councilmembers Damron and O'Leary. Councilmember Murphy moved to amend... ...Section 9.21.010 C. redefining public place and to include private property if the exposure or prohibited activity is occurring without the consent of the property owner or possessor. ...Section 5.82.090 B. so that it applies to only alcohol licensed establishments ...by creating Section 5.82.090 I. to include the same language as 9.21.020 A. 3 The motion was seconded by Councilmember DeGarmo and passed by the following vote: Aye: Councilmembers Damron, O'Leary, DeGarmo, Brien and Murphy. Nay: Councilmembers Wdliams and Steeber. Councilmember O'Leary moved to amend Section 5.82.040 U. by changing "shall" to "may" for denying a license based on not receiving the required information. Councilmember Steeber seconded the motion and it passed unanimously. Councilmember O'Leary moved to amend by deleting Section 5.82.110 Certain Layout of Certain Adult Oriented Establishments. Council President Brien seconded the motion and it passed by the following vote: Aye: Councilmembers Damron, O'Leary, DeGarmo and Brien. Nay: Councilmembers Wdliams, Murphy and Steeber. Councilmember Williams moved to amend the motion by allowing all licenses issued before June 30, 2002 to have an expiration date of June 30, 2003. Councilmember Damron seconded the motion and it passed unanimously. Council President Brien moved to postpone action on this ordinance until March 11, 2002. Councilmember DeGarmo seconded the motion and it passed by the following vote: Aye: Councilmembers Wdliams, O'Leary, DeGarmo, Murphy, Brien and Steeber. Nay: Councilmember Damron. 4. Review of impacts of Governor's proposal to eliminate shared revenues. City Manager Sheiffer reported on his presentation to the Legislative committee regarding this subject. The fiscal report was postponed until February 25, 2002. Council President Brien inquired if City Council should adopt a resolution regarding the Governor's proposal. City Manager Sheiffer responded that they could simply take a vote to be in disagreement with the Governor's proposal and he would submit their vote to the Governor in a letter. There being no further business, Council adjourned at 11:04 p.m. These minutes are not official until approved by City Council. Jean Ann Wulf City Clerk-Treasurer