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Minutes 04-10-06.doc PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING April 1 0,2006 Approved: April 24,2006 VOL. 56 NO. 28 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on April 1 0,2006. The meeting was called to order by Council President Tom Wellnitz at 7:00 p.m. Council President Tom Wellnitz also led the Council in the Pledge of Allegiance. Present: Council President Tom Wellnitz, Councilmembers Brunner, Williams, Tim Wellnitz, DeGarmo, Addie, and Brien. CONSENT AGENDA Minutes of the regular meeting of March 27,2006. Licenses; and Recommendations of the Alcohol License Advisory Committee. Authorization for the Administration to approve a settlement for a liability claim for Kenneth and Tina Pollard in the amount of $7,240.33 for property damage only. Council President Tom Wellnitz removed the Roman Petroleum and Stadium Bar/Rev. Jim's Spuds & Suds Alcohol License applications from the Consent Agenda. In addition, he stated the remaining consent items would be approved if there were no objections. There were none. Class A license application, Roman Petroleum. Council President Tom Wellnitz allowed public comment. Bruce Dennis, 216 N. Terrace Street, spoke against issuing the license. The applicant, Bhupinder Boparai, 105 E. Hilltop Drive, Ft. Atkinson, WI, was called upon by Council member Williams to explain his experience in running licensed establishments. Council member Tim Wellnitz moved to grant an Original Class A Intoxicating Liquor & Fermented Malt Beverage License to Roman Petroleum, seconded by Council member Addie and passed unanimously. Premise to Premise Transfer of Class B Intoxicating Liquor & Fermented Malt Beverage Alcohol License for Stadium Bar LLC/Rev. Jim's Spuds & Suds. Council President Tom Wellnitz allowed public comment. Speaking in support of the transfer were: Adam Reilly, 2321 Woodruff Boulevard; Denise Carpenter, 1203 Columbus Circle and Attorney Steve Werner, 321 E. Milwaukee Street. Council member Tim Wellnitz moved to approve said transfer, seconded by Council member DeGarmo and passed by the following vote: Aye: Council President Tom Wellnitz, Councilmembers Brunner, Tim Wellnitz, and DeGarmo. Nay: Councilmembers Williams, Addie and Brien. A proposed resolution authorizing acceptance of a donated historic clock for downtown Janesville from the Janesville Morning Rotary Club. Council member Brien moved to adopt said resolution, seconded by Council member Addie and passed unanimously. (File Res. No. 2006-278) OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. There were none. 2. A proposed revised ordinance amending Janesville General Ordinance 18.24.090(A) whereby altering the filing fee for an application to the Zoning Board of Appeals received its second reading and public hearing. Doug Marklein, 3919 Dorchester Drive spoke in favor of the proposed ordinance. AI Lembrich, 541 Miller Avenue, asked that the fee for an appeal of administrative decisions be eliminated. The hearing was closed. Council member Williams moved to adopt said revised ordinance, seconded by Council member Brien and passed by the following vote: Aye: Council President Tom Wellnitz, Councilmembers Tim Wellnitz, Brien, Addie, Brunner, Williams. Nay: Council member DeGarmo. (File Revised Ord. No. 2006-314) 3. A proposed ordinance designating the following as two-way streets: (A) North and South Franklin Streets between Mineral Point Avenue and Rockport Road, (B) North and South Jackson Streets between Madison Street and Rockport Road, (C) Rockport Road between South Jackson Street and South Franklin Street, received its second reading and public hearing. AI Lembrich, 541 Miller Avenue, spoke in opposition to the proposed ordinance. Karl Dommershausen from the Downtown Development Alliance spoke in favor of the proposed ordinance. The hearing was closed. Council member DeGarmo moved to adopt said ordinance, seconded by Council member Addie. Council member Williams moved to postpone action on said ordinance to the April 24, 2006 council meeting, seconded by Council President Tom Wellnitz and passed unanimously. (File Ord. No. 2006-316) 4-5. Proposed ordinances requiring: (A) The new southbound movement on North Franklin Street to stop for westbound West Wall Street traffic, and (B) Westbound and southbound traffic stop at the intersection of South Franklin Street and Rockport Road (File Ord. No. 2006- 317) and adding North Jackson Street and Madison Street to the list of all-way stop intersections (File Ord. No. 2006-318) received their second reading and public hearing. No one spoke at the public hearing. Council member Williams moved to postpone said ordinances to the April 24, 2006 council meeting, seconded by Council President Tom Wellnitz and passed unanimously. 6. A proposed ordinance amending the zoning ordinance to modify the level of service standard required for large development projects received its second reading and public hearing. No one spoke at the public hearing. Council member Williams moved to adopt said ordinance and was seconded by Council President Tom Wellnitz and passed unanimously. (File Ord. No. 2006-311) 7. A proposed revised ordinance rezoning property located at 3929 Huntington Avenue from R1 to R3M received its second reading and public hearing. Attorney Steve Werner, 321 E. Milwaukee Street, representing Tim Weber, spoke in support of the proposed ordinance. The hearing was closed. Council member Addie moved to adopt said revised ordinance, seconded by Council President Tom Wellnitz and passed unanimously. (File Revised Ord. No. 2006- 312) 8. A proposed final resolution for Public Works Projects included in Bid Schedule "B"-2006 received its public hearing. Gerald Seichter, 105 E. Burbank Avenue, questioned footage measurements on his curb that is to be replaced. The hearing was closed. Council member Tim Wellnitz moved to adopt said final resolution, seconded by CouncilmemberWilliams and passed unanimously. (File Res. No. 2006-267) 9. Award of Contracts C2006-4 (curb and gutter) and C2006-5 (street resurfacing) for Public Works Bid Schedule "B" - 2006. Council member Williams moved to award Contract C2006-4 to Yeske Construction, Edgerton, WI in the amount of $400,655.00 and award Contract C2006-5 to Rock Road Companies, Janesville, WI in the amount of $1,239,583.56 as recommended by the Committee of Public Works, seconded by Council President Tom Wellnitz and passed unanimously. 10. City Manager's report: Volunteer Opportunities at Hedberg Public Library. Tracy Boyd, library volunteer coordinator, reported on the many residents of all ages that donate time to the library. There were 180 volunteers involved in nearly every department of the library last year. They contributed 7,398 hours of work. NEW BUSINESS 1. Proposed resolutions approving the acquisition of a 340 sf strip of land at 206 North Jackson Street for right-of-way (File Res. No. 2006-242) and approving the acquisition of 206 North Jackson Street. (File Res. No. 2006-254) Council member DeGarmo moved to adopt said resolutions, seconded by Council member Tim Wellnitz and passed unanimously. 2. A proposed resolution authorizing the acquisition by eminent domain or otherwise of certain real estate property located at 221 North Franklin Street (Parcel 2) for the Centerway (U. S. Highway 51) improvement and related public purpose(s) project. Council member Brunner stated for the record that the property owner has agreed to the amount of compensation but expressed concern about other issues. Council member Williams moved to adopt said resolution, seconded by Council member Brunner and passed unanimously. (File Res. No. 2006-244) 3. Action to authorize submission of stormwater grant application to Wisconsin Department of Natural Resources (WDNR). Council member Williams moved to authorize submission of said grant application, seconded by Council member Brien and passed unanimously. 4. A proposed resolution approving continuation of Worker Compensation Limited Self- Insurance Program. Council member Williams moved to approve said resolution, seconded by Council member Tim Wellnitz and passed unanimously. (File Res. No. 2006-273) 5. Action to schedule the annual organization meeting. Council President Tom Wellnitz scheduled the organizational meeting on Tuesday, April 18, 2006 at 6:30 a.m. Council waived notice. 6. A proposed resolution for the 2006 New Sidewalk Program was introduced and scheduled for public hearing on May 8, 2006. (File Res. No. 2006-275) 7. A proposed ordinance amending the zoning ordinance to establish temporary real estate sales offices as a conditional use in R1, Single and Two-Family Residence district and R1 D, Two-Family Residence district was introduced, referred to the Plan Commission and scheduled for public hearing on May 8, 2006. (File Ord. No. 2006-321) 8. Recommendations of the Transportation Committee: Proposed ordinances: (A) (1.) requiring southbound South Pine Street and westbound Lapham Street traffic to stop at intersection of Lapham and South Pine and (2.) South Walnut Street traffic to stop for Lapham Street (File Ord. No. 2006-310), (B) revising the list of through and connecting arterial streets for truck route designation purposes (File Ord. No. 2006-319), and (C) revising the weight limit definition for the purposes of truck routes (File Ord. No. 2006-320), were introduced and scheduled for public hearing on April 24, 2006. 9. Requests and comments from the public on matters which can be affected by Council action. There were none. 10. Matters not on the Agenda. There were none. 11. Closed session. Council member Tim Wellnitz moved to convene into closed session, pursuant to Wisconsin Statute Section 19.85 (1) (e), for the purpose of deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session, specifically establishing the negotiation parameters for the potential acquisition of land for public transportation purposes, seconded by Council member Williams and passed unanimously. There being no further business, Council convened into closed session at 9:40 p.m. These minutes are not official until approved by City Council. Timothy L. Kitzman Deputy Clerk-Treasurer