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05-03-93PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING May 3, 1993 Vol. 44 No. 2 APPROVED 5-17-93 Regular meeting of the City Council of the City of Janesville, held in the Municipal Building, May 3, 1993. The meeting was called to order by Council President O'Leary. Present: Council President O'Leary, Councilmembers Stehura, Noll, Schneider, Brien and Thomas. Absent: Councilmember Heitzman. Councilmember Schneider led the Council in the Pledge of Allegiance CONSENT AGENDA: Minutes of the special meeting held April 19, 1993. Minutes of the organizational meeting held April 20, 1993. Licenses; and recommendations of the Alcohol License Advisory Committee. Financial statement for the month of March 1993. Authorization to deny a liability claim filed on behalf of William Attlesey. Waiver of special assessment procedure for storm sewer and sidewalk charges for Certified Survey Map 93021-C. Waiver of special assessment procedure for storm sewer and sidewalk charges for Certified Survey Map 93008, 93010 and 93020. Waiver of special assessment procedure for storm for Certified Survey Map 93010-C. Council President O'Leary stated that if there were no objections, the consent agenda would approved. There were no objections. (Ail applications of licenses are on file in the office of the city clerk and are incorporated by reference herein and may be examined upon request at all reasonable times.) OLD BUSINESS 1. Requests and comments from the public on matters which can be affected by Council action. There were non. 2, 3 & 4. Council President O'Leary stated that he would combine the next three items for public hearing purposes. 1) A purposed resolution vacating a portion of North River St. and Mineral Point Av.; 2) A request for variance of the distance requirements to establish a Community Living Arrangement in the 400 North Franklin St.; and, 3) A proposed ordinance rezoning property located in the 400 block of North Franklin and North River Streets from R3 and M3 to O1. Before the public hearing, a second reading was given to the rezoning ordinance. The following individuals stated their support for the agenda items: John Holzhuter, Ann Adams and Anita Kraft, representing the Visiting Nurses Association, Dan Swedberg, the architect for the project, Pat Hubbard and Michael Wonderluck, representing Continuing Care Services, Inc., and Marian McGavock, representing Rock County Council of Aging. Councilmember Brien moved to adopt the resolution vacating a portion North River St. and Mineral Point Av., seconded by Councilmember Schneider and passed by the following vote: Aye: Council President O'Leary, Councilmembers Stehura, Schneider, Brien and Thomas. Pass: Councilmember Noll. Councilmember Schneider moved to approve the variance of the distance requirements to establish a Community Living Arrangement in the 400 block of North Franklin St., seconded by Councilmember Brien and passed by the following vote: Aye: Council President O'Leary, Councilmembers Stehura, Schneider, Brien and Thomas. Pass: Councilmember Noll. Councilmember Brien moved to adopt the proposed ordinance rezoning property located in the 400 block of North Franklin and North River Streets from R3 and M3 to O1, seconded by Councilmember Schneider and passed by the following vote: Aye: Council President O'Leary, Councilmembers Stehura, Schneider, Brien and Thomas. Pass: Councilmember Noll. (File Resolution No. 93-1600 and Ordinance No. 93-851) 5. A proposed ordinance rezoning property block of Kennedy Rd. from Agriculture to M2 reading and public hearing. located in the 3900 was given its second Bill Kennedy, representing Rock Road, spoke in favor of this ordinance. The following individuals spoke in opposition to this ordinance: Attorney Dick Hemming, representing the Farmington Woods Subdivision, Floyd Yoemans, 4645 West Rotamer Rd., Gary Hemm, 5029 Kennedy Rd., Larry Westberg, 4931 Brentwood, Terry Duller, 4910 Brentwood, Dennis Olson, 1733 Breckenridge Rd., Linda Olson, 1733 Breckenridge Rd., Rhonna Hemm, 5029 Kennedy Rd., Tom Deters, 4429 Pheasant Run, Sue Johnson, 3600 Kennedy Rd., Dennis Henderson, 1706 Breckenridge, and Sue Waier, 1730 Breckenridge Rd. Councilmember Brien moved to deny said ordinance, seconded by Councilmember Noll and passed by the following vote: Aye: Councilmembers Stehura, Heitzman, Noll, Schneider and Brien. Nay: Council President O'Leary and Councilmember Thomas. (File Ordinance No. 93-853) 6, 7, 8 & 9. Council President O'Leary combined the next four agenda items for acquiring property located at 228 South Main St. (Res. 93-1608); 223 Water St. (Res. 93-1609); 222 South Main St. (Res. 93-1610); and, 230 South Main St. (Res. 93-1611). Councilmember Schneider moved to adopt Resolutions No. 93-1608, 93- 1609, 93-1610 and 93-1611, seconded by Councilmember Noll and passed unanimously. (File Resolutions No. 93-1608, 1609, 1610 and 1611) NEW BUSINESS 1. Committee appointments. Councilmember Noll moved to approve the Council President and City Manager's committee appointments, as presented, for 1993/1994, seconded by Councilmember Heitzman and passed unanimously. 2. Action on the proposed authorization for the City Manager to execute the agreement with Rock County for the extension of sewer and water utilities to the Rock County Airport. Councilmember Noll moved to authorize the City Manager to execute the agreement, seconded by Councilmember Brien and passed unanimously. 3. A proposed resolution authorizing application for funding the summer youth program. Councilmember Heitzman moved to adopt said resolution, seconded by Councilmember Noll and passed unanimously. (File Resolution No. 93-1613) 4. Review of purchasing policy. Councilmember Schneider moved to postpone action on the purchasing policy for 45 days, in order to allow the administration to analyze the effects of standardizing our fleet of vehicles, seconded by Councilmember Noll and passed unanimously. 5. A proposed resolution approving the refinancing of revenue bonds for the Cotton Mills housing project. Councilmember Heitzman moved to adopt said resolution, seconded by Councilmember Noll and passed unanimously. (File Resolution No. 93-1614) 6. A proposed resolution for Public Works Program #1-1993. Councilmember Noll moved to adopt said resolution, seconded by Councilmember Heitzman and passed unanimously. (File Resolution No. 93-1599) 7. Award of contract - Public Works Program #1-1993. Councilmember Heitzman moved to award the Fisher Creek Interceptor Sewer Contract to E & N Hughes, Inc. in the amount of $466,015.35, seconded by Councilmember Noll and passed unanimously. 8. Introduction of a proposed resolution for the 1993 New Sidewalk Program. Councilmember Schneider moved to amend the resolution by deleting North Crosby Av., seconded by Councilmember Brien and failed by the following vote: Aye: Councilmembers Schneider and Brien. Nay: Council President O'Leary, Councilmembers Stehura, Heitzman, Noll and Thomas. Councilmember Schneider moved to amend the resolution by deleting Royal Oaks Dr., seconded by Councilmember Noll and passed by the following vote: Aye: Council President O'Leary, Councilmembers Stehura, Noll, Schneider and Brien. Nay: Councilmembers Heitzman and Thomas. Councilmember Schneider moved to amend the resolution by deleting Bordeaux Dr., Thorncrest Dr., Randolph Rd., LaMancha Dr., Rockshire Dr. and South Walnut St., seconded by Councilmember Noll. Councilmember Thomas moved to table action on said resolution and received no second. Council voted on the amendment and that passed by the following vote: Aye: Council President O'Leary, Councilmembers Noll, Schneider and Brien. Nay: Councilmembers Stehura, Heitzman and Thomas. (File Resolution No. 93-1615) 9. A proposed ordinance authorizing the City Council to issue a cable television franchise to Crown Cable, Inc., was introduced and scheduled for public hearing on May 17, 1993. (File Ordinance No. 93-825) 10. Council President O'Leary scheduled a public hearing for the cable television franchise agreement with Crown Cable, Inc. on May 17, 1993. 11. A proposed ordinance enhancing penalties for second and subsequent violations of the disturbing the peace ordinance was introduced and scheduled for public hearing on May 17, 1993. (File Ordinance No. 93-857) 4 12. A proposed resolution for the release and acquisition of utility easements to accommodate street light installation on Windwood Dr. north Saratoga Dr. was referred to the Plan Commission and scheduled for Council action on May 17, 1993. (File Resolution No. 93-1612) 13. A proposed ordinance rezoning property located at 2617 Sauk Dr. from B2 to R3 was introduced, referred to the Plan Commission and scheduled for public hearing on June 1, 1993. (File Ordinance No. 93-860) 14. A proposed ordinance annexing property located at 2919 West Court St. was introduced and scheduled for public hearing on June 1, 1993. (File Ordinance No. 93-858) 15. A proposed ordinance establishing the zoning classification of land located at 2919 West Court St. was introduced, referred to the Plan Commission and scheduled for public hearing on June 1, 1993. (File Ordinance No. 93-859) 16. Matters not on the agenda. Councilmember Stehura asked the Council if anyone would co-sponsor an amendment to the ordinance governing Class"B" Beer Only liquor licenses to allow consumption of bottled and canned beer on the premises. Council President O'Leary agreed to be a co-sponsor. Councilmember Heitzman requested that the administration research the zoning and permitted uses of the property located in the 3900 block of Kennedy Rd. Council President O'Leary distributed Janet Seaton's letter requesting new sidewalks at various locations in the City. 17. Councilmember Brien moved to convene into closed session pursuant to Wisconsin Statute Section 19.85 (1)(c), for the purpose of considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility, seconded by Councilmember Noll and passed unanimously. Council President O'Leary stated that the Council would not convene into closed session on the legal advice of the City Attorney. There being no further business, the Council adjourned at 11:25 p.m. These minutes are not official until approved by the City Council Jean Ann Wulf City Clerk