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Minutes 08-12-02.docPROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING AUGUST 12, 2002 Approved August 26, 2002 VOL. 53 NO. 9 A regular meeting of the Janesville City Council held at the Municipal Building on August 12, 2002. The meeting was called to order by Council President DeGarmo at 7:00 p.m. Councilmember Brien led the Council in the Pledge of Allegiance. Present: Council President DeGarmo, Councilmembers Steeber, Murphy, Damron, Williams, and Brien. Absent: Councilmember O'Leary. CONSENT AGENDA Minutes of the regular meeting of July 22, 2002. Minutes of the closed session of July 22, 2002. Licenses; and Recommendations of the Alcohol License Advisory Committee Action on a motion to approve final Certified Survey Map #02027-C, Bob Kimball, 1 lot on Todd Drive. Action on a motion to approve final Certified Survey Map #02028-C, Debra Twardzik, 1 lot and 1 outlot on South Washington Street. Waiver of special assessment procedure for storm sewer, sidewalk and street light charges for CSM 02025, Gary Garlock and Robert Knopes. Waiver of special assessment procedure for sanitary sewer and water main charges for CSM 02026-Cross Pointe, Rogers Development. Action on a financial gain request from the Downtown Business Association to utilize the Janesville Transit Transfer Center for a "Rendezvous on the River" on Sunday, September 22, 2002. Council President DeGarmo stated that the Consent Agenda would be approved if there were no objections. There were none. OLD BUSINESS 1. Requests and comments from the public on matters which can be affected by Council action. Richard Frank, 1119 Elida Street, spoke in favor of the goose hunt. He also spoke about frontage roads, TIF districts and land use issues. Rollin Natter, representing Oasis Restaurant, and Jim Halbach, 3337 Schuman Drive, spoke against the proposed no smoking ordinance for restaurants. Mark Little, 1316 Burbank Avenue, spoke in favor of the no smoking ordinance. Debbie Devries, Director of Smoke Free, indicated she had surveyed the community and has received 900 signatures on a petition in support of the no smoking ordinance. 2. A proposed ordinance updating, renumbering, repealing and consolidating various Janesville alcohol ordinances into one chapter received its second reading and public hearing. No one spoke. Councilmember Steeber moved to adopt said ordinance, seconded by CouncilmemberWilliams. The motion passed unanimously. (File Ord. No. 2002-139) 3. A proposed ordinance regulating massage technicians and massage establishments in the City of Janesville received its second reading and public hearing. Sandy Skillman, representing Happy Hands, expressed concern that the ordinance did not have the same regulations as required by the State for massage therapists. Councilmember Steeber moved to adopt said ordinance with an amendment to Section 5.56.100 requiring liability insurance in the amount of $1 million per incident. Councilmember Williams seconded the amended ordinance and it passed unanimously. (File Ord. No. 2002-142) 4. A proposed ordinance rezoning property located at 404 Hyatt Street from R2 to O1 received its second reading and public hearing. Evelyn Olson, 603 Williams Street, spoke in opposition of the ordinance and presented a petition against the ordinance. The following individuals also spoke in opposition: Marilyn Pelnas, 503 Sutherland Avenue; Leonard Butler, 208 Red Apple Drive; Richard Johnson, 538 Thomas Street; Mary Tegt-Lodico, 410 Hyatt Street; Tony Burdick, 431 Williams Street; Tom Lodico, 410 Hyatt Street; and Richard Frank, 1119 Elida Street. The following individuals spoke in favor: Major David Taube, representing Salvation Army, and Ann Hart, Director of Development for the Salvation Army. The public hearing was closed. Councilmember Murphy moved to deny said ordinance, seconded by Councilmember Steeber. The motion to deny passed unanimously. (File Ord. No. 2002-143) 5. A proposed ordinance requiring the display of fares in taxicabs received its second reading and public hearing. No one spoke. Councilmember Williams moved to adopt said ordinance with an amendment that the printed fares be readable within four feet of the passenger. Council President DeGarmo seconded the motion and it passed unanimously. (File Ord. No. 2002-144) 6. A proposed ordinance amending the Electoral Ward Boundaries received its second reading and public hearing. No one spoke. Councilmember Steeber moved to adopt said ordinance, seconded by Councilmember Williams. The motion passed unanimously. (File Ord. No. 2002- 145) NEW BUSINESS 1. Recommendation of the Plan Commission: Action on a proposed resolution approving the final plat of Rockport Ridge Estates Fourth Addition. Councilmember Damron moved to adopt said resolution, seconded by Councilmember Murphy. The motion passed unanimously. (File Res. No. 2002-274) 2. Review of Goose Management alternatives. Mike Williams, Director of Leisure Services, presented four alternatives: No Feeding, Netting and Relocation, Donation to Food Pantry, and Goose Hunt. Council President DeGarmo moved to proceed with the goose hunt with five sets of blinds in each park, except Kiwanis Park, and adhering to the remaining rules set by Administration. Councilmember Murphy seconded the motion and it passed by the following vote: Aye: Councilmembers Steeber, Murphy, Damron and DeGarmo. Nay: Councilmembers Williams and Brien. Also, the Council stated that the Administration should proceed with the other goose management alternatives. 3. A proposed ordinance prohibiting the feeding of ducks and geese on public property in the City of Janesville was introduced and scheduled for public hearing on August 26, 2002. (File Ord. No. 2002-137) 4. A proposed ordinance prohibiting smoking in restaurants was introduced and scheduled for public hearing on August 26, 2002. (File Ord. No. 2002-147) 5. A proposed ordinance annexing property located east of Kennedy Road and north of USH 14 was introduced and scheduled for public hearing on September 9, 2002. (File Ord. No. 2002-148) 6. A proposed ordinance rezoning property located east of Kennedy Road and north of USH 14 to M1 upon annexation was introduced, referred to Plan Commission and scheduled for public hearing on September 9, 2002. (File Ord. No. 2002-149) 7. A proposed ordinance prohibiting excessive noise by the use of dynamic (engine) braking devices was introduced and scheduled for public hearing on August 26, 2002. (File Ord. No. 2002-150) 8. Matters Not on the Agenda. Karen Wiemeri, 3718 Birdsong Lane, spoke against the funded sidewalks that are scheduled to be installed on Birdsong Lane. Brian Brieske, 3702 Birdsong Lane, requested postponement of sidewalk installation until there is a consistent policy. Councilmember Damron asked for support to place on the next agenda a reconsideration of the installation of sidewalks on Birdsong Lane and Wildflower Lane. There was none. City Manager Sheiffer reminded Councilmembers of the August 20, 2002 Study Session beginning at 4:00 p.m. 9. Councilmember Steeber moved to convene into closed session pursuant to Wisconsin Statutes Section 19.85(10(d), for the purpose of considering strategy for crime detection and prevention. Council President DeGarmo seconded the motion and it passed unanimously. There being no further business to discuss, Council convened into closed session at 9:45 p.m. These minutes are not official until approved by City Council. Jean Ann Wulf City Clerk-Treasurer