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Minutes 02-13-06.doc PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING Approved: February 27,2006 February 13, 2006 VOL. 56 NO. 24 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on February 13, 2006. The meeting was called to order by Council President Tom Wellnitz at 7:00 p.m. Bill Truman led the Council in the Pledge of Allegiance. Present: Council President Tom Wellnitz, Councilmembers Brunner, Brien, Williams, Tim Wellnitz, DeGarmo and Addie. CONSENT AGENDA Minutes of the regular meeting of January 23, 2006. Minutes of the closed session of January 23, 2006. Licenses; and Recommendations of the Alcohol License Advisory Committee. Action on a motion to approve final Certified Survey Map #06002-C, Richard Stockwell, 2 lots on Liberty Lane. Council President Tom Wellnitz stated that the Consent agenda would be approved except for the Stadium Bar, LLC alcohol license transfer if there were no objections. There were none. Council President Tom Wellnitz opened the public hearing for the Stadium Bar, LLC alcohol license transfer. Joe Ray, 1555 Lafayette St., Sherry Porter, 1427 Center Ave., Joan Tiffany, 904 Mitchell St., Theresa Lemke, 1431 LaSalle St., Greg Lemke, 1431 LaSalle St , Ashley Hoague, 1465 Lafayette St., Jessica Johnson, 1524 Lafayette St., David Hoague, 1465 Lafayette St., Jennifer Lewis, 1438 Lafayette St., and Tara Schlegel, 1439 Lafayette St., all opposed the Stadium Bar liquor license transfer. They were opposed because of the increase in traffic, noise, litter, child safety, and decreased property values. Attorney Steve Werner, representing the Stadium Bar, LLC., stated that his client was being held to a higher standard. The property is zoned for a tavern, a buffer zone was provided and the location is on major thoroughfare. Bob Elliott, owner of the building, stated that the purchase agreement had many restrictions to enhance the property. He does not oppose or support the transfer. The public hearing was closed. Council member Addie moved to deny the license transfer based on the reasons presented by the citizens, seconded by Council member Williams and passed by the following vote: Aye: Council President Tom Wellnitz, Councilmembers Addie, Brien, Brunner, Williams. Nay: Councilmembers Tim Wellnitz and DeGarmo. A donation, from the Janesville Conservation Club, Inc. in the amount of $1,800, was presented by club president Bill Boyd. OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. Andreah Briarmoon, 339 S. Locust St., stated that citizens would like to picket the City Manager's home, but legally they could not do it because there is no sidewalk. Council member Williams stated that there was a sidewalk in front of the City Manager's home. She also requested an application process for appointments to City Boards. 2. City Manager's Report. A) Building and Development Services. Gale Price, Manager of Building and Development Services, discussed the reorganization of Community Development Department on April 30, 2005 by creating Building and Development Services. Their mission is to provide community outreach, assist citizens in interpreting building rules and regulations and guide citizens through the building process. NEW BUSINESS 1. Action on a proposed resolution approving the final plat of The Vineyard. Council President Tom Wellnitz turned the meeting over to Council Vice-President Tim Wellnitz and left the room due to a conflict of interest. Council Vice-President Tim Wellnitz opened the public hearing. Attorney Buck Sweeney, representing The Vineyard, LLC, stated that legally, if the preliminary plat was approved, the final plat must be approved if there was not any changes. Roger Fanning, 2932 Townhall Road and Chuch Hanauska, 4919 N. Henke Rd., representing Town of Harmony, and Steve Lathrop, Combs and Associates, spoke in favor of this plat. Andreah Briarmoon, 339 S. Locust St., stated that the City needs more affordable housing. Council member Addie moved to adopt said resolution, seconded by Council member Williams, and passed unanimously. Council President Tom Wellnitz returned to the council table. (File Res. No. 2006-245) 2. Action on a proposed resolution approving an assignment, assumption, approval and release agreement which authorized the sale of the Centerway Burger King to Gabe and Karen Fazzini. Council member Williams moved to adopt said resolution, seconded by Council member Brunner and passed unanimously. (File Res. No. 2006-251) 3. Action on a proposed resolution to approve repairs to the Hedberg Public Library gutter and provide funding, not to exceed $35,000, in the 2006 note issue. Council member Williams moved to adopt said resolution, seconded by Council member DeGarmo and passed unanimously. (File Res. No. 2006-252) 4. Action on a proposed resolution establishing the relocation order for the right-of-way required for the Deerfield area improvements. Council President Tom Wellnitz stated that this item would be postponed and forwarded to the Plan Commission. (File Res. No. 2006-253) 5. Committee appointment of Joan Strizikowski to the Leisure Services Advisory Committee. Council member DeGarmo moved to approve said appointment, seconded by Council member Brunner, and passed unanimously. 6. A proposed ordinance amending the zoning ordinance to change the off-street parking reserve requirements for industrial uses was introduced, referred to the Plan Commission and scheduled for public hearing on March 13, 2006. (File Ord. No. 2006-307) 7. A proposed ordinance creating Janesville General Ordinance 17.46.010 K. requiring new developments to construct sidewalks on both sides of the street was introduced and scheduled for public hearing on February 27, 2006. (File Ord. No. 2006-308) 8. A proposed ordinance for rezoning property located at 4000 Kingsford Drive from Agricultural to R1 was introduced, referred to the Plan Commission and scheduled for public hearing on March 13, 2006. (File Ord. No. 2006-309) 9. A proposed resolution for Amendment #2 to the project plan for TIF District 15 was introduced, referred to the Plan Commission and scheduled for public hearing on March 13, 2006. (File Res. No. 2006-250) 10. Requests and comments from the public on matters which can be affected by Council action. Andreah Briarmoon, 339 S. Locust St., stated that State Statutes require a Code and Planning Department and the City should not have renamed those departments to the Community Development Department. She also stated that Housing and Neighborhood Services should be called Section 8 Block Grant. 11. Matters not on the Agenda. Council member Tim Wellnitz asked about the penalties for littering. City Attorney Wald Klimczyk stated that the fines range from $25-$200. 12. There being no further business, Council member Williams moved to convene into closed session, pursuant to Wisconsin Statute Section 19.85(1 )(e) for the purpose of deliberating or negotiating the purchase of public properties, the investing of public funds or conducting other specified public business, whenever competitive or bargaining reasons require a closed session, specifically setting the terms, conditions and parameters for the potential sale of a surplus industrial site in the City's Wright Road Industrial Park, and the potential purchase of other public property, seconded by Council member DeGarmo and passed unanimously. There being no further business, Council convened into closed session at 9:30 p.m. These minutes are not official until approved by City Council Jean Ann Wulf City Clerk Treasurer