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04-05-93PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING April 5, 1993 APPROVED 4-19-93 Vol. 43 No. 33 Regular meeting of the City Council of the City of Janesville, held in the Municipal Building, April 5, 1993. The meeting was called to order by Council President Brien. Present: Council President Brien, Councilmembers Heitzman, O'Leary, Noll, Stehura, Schneider and Thomas. Councilmember Stehura led the Council in the Pledge of Allegiance. CONSENT AGENDA Minutes of the regular meeting held March 22, 1993. Licenses; and recommendations of the Alcohol License Advisory Committee. Financial statement for the month of January, 1993. Financial statement for the month of February, 1993. Waiver of Special Assessment Procedure for sidewalk and storm sewer charges for CSM 93006-C. Council President Brien stated that if there were no objections to the consent agenda, it would be approved. There were no objections. OLD BUSINESS 1. Requests and comments frOm the public on matters which can be affected by Council action. There were none. 2. A proposed ordinance rezoning property located at the northwest corner of Linn and McKinley Streets from R4 to B3. Councilmember Stehura moved to postpone this matter until the requested traffic and environmental studies are completed, seconded by Councilmember Schneider and passed unanimously. (File Ordinance No. 93-833) 3. A proposed ordinance amending various provisions of the Zoning and Building Codes concerning parking lots, grading and drainage requirements, green area, curb-openings, creating a Site Plan Coordinator, and revising other related matters, was given its second reading and public hearing. No one appeared for the public hearing. Since the Janesville Gazette failed to publish the second notice regarding this item, Council President Brien continued the public hearing and action on this matter until April 19, 1993. (File Ordinance No. 93- 829) 4,5, 6 & 7. A proposed ordinance creating traffic intersection movement regulations in the Fourth Ward (Ordinance No. 93-840); a proposed ordinance prohibiting certain left and right turns in the Fourth Ward (Ordinance No. 93-847); a proposed ordinance deleting Holmes St. at South Locust St. as an arterial street so as to eliminate stop signs on South Locust St., stopping for Holmes St.(Ordinance No. 93-848); and, a proposed ordinance eliminating yield signs on McKinley St. yielding to South Locust St. (Ordinance No. 93-849) was given their second reading and joint public hearing. The following individuals spoke in favor of the proposed traffic movement regulations: Dennis Bier, 418 Park Av. and Ilah Hartung, 121 South Academy. The following individuals spoke in opposition to the proposed ordinances: Father John Norder, representing St. Patrick's Church, Ron Del Ciello, representing Parkside Lodge, Maurice Stillmank, 524 Park Av., Bob Turner, 403 West Racine, Steve Vivian, 625 Roosevelt, and Claire Caban, 905 Norwood Rd. Councilmember Schneider moved to postpone action on Ordinances 93- 840, 93-847, 93-848 and 93-849 for two weeks, which will allow time for the administration to work with St. Patrick's Church and the neighborhood to gain consensus among the residents located there, seconded by Councilmember Noll and passed unanimously. (File Ordinances No. 93-840, No. 93-847, 93-848 & 93-849) 8. A proposed ordinance amending the Amusement Device Ordinance and Gambling Ordinance to permit the distribution of prizes and other awards of minor value for redemption games of skill, was given its second reading and public hearing. Scott Phelps, 1209 South Cherry, spoke in favor of this ordinance. Ed Pulliam, representing the Janesville Mall, appeared to respond to any questions the Council might have. Councilmember Schneider moved to adopt said ordinance, seconded by Councilmember Noll. Councilmember Stehura moved to amend the ordinance to only allow redemption games in licensed amusement centers, seconded by Councilmember Thomas and failed by the following vote: Aye: Councilmembers Stehura and Thomas. Nay: Council President Brien, Councilmembers Heitzman, O'Leary, Noll and Schneider. Council voted on the main motion and that passed by the following vote: Aye: Council President Brien, Councilmembers Heitzman, O'Leary, Noll, Stehura and Schneider. Nay: Councilmember Thomas. (File Ordinance No. 93-850) 9 & 10. A proposed ordinance prohibiting cruising (Ordinance No. 93-834) and a proposed ordinance prohibiting certain left and right turns on Milwaukee and Court Streets at certain times (Ordinance No. 93-836), was given their second reading and joint public hearing. The following individuals spoke in favor of the proposed ordinances: David Shank, 4425 Hearthstone Dr., Robert Hart, 1015 Laurel Av., Bob Kimball, 510 Greenfield, Don Cherry, 624 North Grant and Jackie Wood, representing the BID Board. The following individuals spoke in opposition to the proposed ordinances: Ryan Crandall, Milton, Wi., Joe Barbieur, 475 North Terrace, Scott Phelps, 204 Cherry St., Chris Olson, Orfordville, Wi., Robert Eastman, Milton, Wi., Steve Vivian, 625 Roosevelt, Jason Hedden, 320 North Palm, and David Friedland, 320 Van Buren. Councilmember Stehura moved to adopt Ordinance 93-834, seconded by Councilmember O'Leary and passed unanimously. Councilmember Stehura moved to adopt Ordinance No. 93-836, seconded by Councilmember Noll and passed unanimously. (File Ordinances No. 93-834 and 93-836) NEW BUSINESS 1. A proposed resolution approving the final plat of The River Front Subdivision. Councilmember O'Leary moved to adopt said resolution, seconded by Councilmember Noll and passed unanimously. (File Resolution No. 93-1603) 2. A proposed resolution approving an amendment to the Business Improvement District's operating budget. Councilmember Schneider moved to adopt said resolution, seconded by Councilmember Heitzman and passed unanimously. (File Resolution No. 93-1604) 3. A proposed ordinance rezoning property located in the 3900 block of Kennedy Road from Agriculture to M2 was introduced, referred to the Plan Commission and scheduled for public hearing on May 3, 1993. (File Ordinance No. 93-853) 4. Matters not on the agenda. Council President Brien stated that he would allow James LeBeau, owner of Lazer's Dance Club to appear before Council and to respond to questions concerning his business. Mr. LeBeau stated that he operated a dance club geared for young adults between the ages of 15 and 20. He acknowledges that he is operating his club without an occupancy permit and will try to obtain one as soon as possible. Further, he stated that he was implementing security measures, and insulating his building for sound, to reduce the number of police calls his business generates. Councilmember Stehura requested that the administration check to see if Mr. LeBeau needs a building permit for the insulation he is installing and if he is required to have a youth center license. Councilmember Thomas expressed his concern about the intersection of County A and Milwaukee St., and requested that some action be taken to make this a safer intersection. Council President Brien scheduled a Council Study Session to discuss the cable TV franchise for April 26, 1993 at 6:30 p.m. All Councilmember waived notice for this meeting. 5. Coun¢ilmember Schneider moved to convene into closed session pursuant to Wisconsin State 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, seconded by Councilmember Noll and passed unanimously. There being no further business, the City Council reconvened into closed session at 10:30 p.m. These minutes are not official until approved by the City Council. Jean Ann Wulf City Clerk