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06-01-93PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING June 1, 1993 APPROVED 6-8-93 VOL. 44 NO. 5 Regular meeting of the City Council of the City of Janesville, held in the Municipal Building, June 1, 1993. The meeting was called to order by Council President O'Leary. Present: Council President O'Leary, Councilmembers Stehura, Heitzman, Noll, Schneider, Brien, and Thomas. Councilmember Noll led the Council in the Pledge of Allegiance. CONSENT AGENDA Minutes of the regular meeting held May 17, 1993. Minutes of the special meeting held May 24, 1993. Minutes of the closed session held May 24, 1993. Licenses; and recommendations of the Alcohol License Advisory Committee. Waiver of special assessment procedure for storm sewer and sidewalk charges for Certified Survey Map 93015-C. Waiver of special assessment procedure for storm sewer and sidewalk charges for The Meadows Second Addition. Action on a motion to approve Certified Survey Map 93021-C (Revised), 1 lot located at the southeast corner of USH 14 and Deerfield Drive. Action on a motion to approve Certified Survey Map 93027-C, 2 lots located on North Parker Drive. Financial Statement for April, 1993. Council President O'Leary stated that if there were no objections, the consent agenda would be 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 reason- able times.) A proposed resolution in recognition of the CAMDEN Foundation, Inc. and volunteers as a Janesville Good Citizen. Councilmember Councilmember No. 93-1626) Brien moved to adopt said resolution, seconded by Schneider and passed unanimously. (File Resolution Council President O'Leary presented a plaque to the CAMDEN leadership. The key to CAMDEN castle was presented to City Manager Sheiffer. OLD BUSINESS 1. Requests and comments from the public on matters which can be affected by Council action. George Buehl, 1905 North Wright Road, asked Council to rescind recently approved sidewalks on the west side of North Wright Road. He submitted a petition containing twelve signatures of abutting property owners. Council President O'Leary moved to reconsider the installation of sidewalks on the west side of North Wright Road and to include the six lots to the immediate north of the twelve lots previously approved, seconded by Councilmember Noll. Councilmember Noll withdrew her second. Motion died for lack of second. Councilmember Noll moved to reconsider the installation of sidewalks on the west side of North Wright Road, seconded by Councilmember Schneider and passed unanimously. Council President O'Leary scheduled Council action on June 14, 1993. Dennis Nehring, Rock County Agriculture Agent, urged Council to approve proposed Ordinance No. 93-864 regarding exempting certain solid waste fees and stated the Fair Board needed time to consider the impact of solid waste fees. David and Michelle Nemetz, 406 Waveland Road, told of the increasing number of problems with Parker High School students using the pathway between 335 and 409 Waveland Road, and questioned the city bus stopping there. Donna Mueller, 3049 Westwood Drive, also stated her concerns with the pathway used by Parker High students and asked for Council action prior to the fall. Bruce Tatge, 1338 Putnam Avenue, questioned WPL's plans to move gas lines to the terrace area based on a street reconstruction project. 2. A proposed revised ordinance rezoning property located at 2617 Sauk Drive from B2 to R3 received its second reading and public hearing. Dale Reese, 28 Sauk Court, spoke in opposition to the rezoning. Kurt Marling, 1527 Camelot Drive, explained his plans for the site Z and supported the proposed ordinance. Councilmember Noll moved to adopt said revised ordinance, seconded by Councilmember Heitzman and passed with the following vote: Aye: Council President O'Leary, Councilmembers Heitzman, Noll, Brien, and Thomas. Nay: Councilmembers Stehura and Schneider. (File Revised Ordinance No. 93-860) 3. A proposed ordinance annexing property located at 2919 West Court Street received its second reading and public hearing. Council President O'Leary combined the public hearing for File Ordinance Nos. 93-858 and 93-859. No one appeared. Councilmember Noll moved to adopt Councilmember Schneider and passed No. 93-858) said ordinance, seconded by unanimously. (File Ordinance 4. A proposed ordinance establishing the zoning classification of land located at 2919 West Court Street received its second reading. Councilmember Brien moved to adopt said ordinance, seconded by Councilmember Schneider and passed unanimously. (File Ordinance No. 93-859) 5. The final resolution for the 1993 Public Works Program #2-1993 received its public hearing. Jeff Lowry, 1204 Monterey Lane, supported the paving of Thornton Drive. He also presented a letter from Duane Schultz, 3210 Thornton Drive, in support of paving. The public hearing was then closed. Councilmember Schneider moved to adopt said resolution with the deletion of West Rotamer Road, from Whitney Street to cul-de-sac, seconded by Councilmember Noll and passed unanimously. (File Resolution No. 93-1628) 6. Award of contracts for new sidewalk and Washington Street rehabilitation-Public Works Program #2-1993. Councilmember Schneider moved to award contracts to the low bidders, seconded by Councilmember Noll and passed unanimously. 7. A proposed resolution authorizing the issuance of $5,755,000 General Obligation Promissory Notes, Series 1993-A. Council President O'Leary moved to adopt said resolution, seconded by Councilmember Noll and passed unanimously. (File Resolution No. 93-1622) 8. A proposed revised Youth Entertainment Center Licensing ordinance received its second reading and public hearing. James LeBeau, 2624 North Lexington Drive and his attorney Tony Kraujalis, 1007 North Wright Road, spoke in opposition to the ordinance. George Parker, 19 Sunset Drive, spoke in favor of the ordinance. The public hearing was closed. Councilmember Schneider moved to adopt said revised ordinance, seconded by Councilmember Noll. Councilmember Noll moved to amend section 5.14.010 (A) the word "inherently" and inserting the word "may", Councilmember Schneider and passed unanimously. by deleting seconded by Councilmember Noll moved to amend section 5.14.010 (B) by deleting the words "inherently", "and otherwise", and "such substantial" and inserting the word "may", seconded by Councilmember Schneider and passed unanimously. Councilmember Heitzman moved to amend section 5.14.090 (A) & (B) by deleting the time "3:00" and inserting the time "4:00", seconded by Councilmember Noll and passed unanimously. Council then voted on the main motion as amended and passed unanimously. (File Revised Ordinance No. 93-863) 9. A proposed ordinance amending the Class B Beer Only Alcohol License to eliminate the draft beer only requirement received its second reading and public hearing. No one appeared. Councilmember Stehura moved to adopt said ordinance, seconded by Councilmember Noll and passed unanimously. (File Ordinance No. 93- 854) NEW BUSINESS 1. Recommendation of the Plan Commission: A proposed resolution approving the final plat of The Meadows Second Addition. Councilmember Schneider moved to adopt said resolution subject to the following conditions: the Council's acceptance of a waiver of the parkland dedication requirement and payment of: sidewalk assessments of $2,827.44, storm sewer assessments of $15,170.00, outstanding special assessments of $4,238.42, and a filing fee of $146.00, seconded by Councilmember Brien and passed unanimously. 2. A proposed resolution reallocating Community Development Block Grant (CDBG) Program funds. Councilmember Noll moved to adopt said resolution, seconded by Councilmember Heitzman and passed unanimously. (File Resolution No. 93-1617) 3. A proposed ordinance exempting solid waste from certain non- profit events from payment of landfill fees was introduced and scheduled for public hearing on June 14, 1993. Councilmember Heitzman moved to table said ordinance, seconded by Councilmember Noll and failed with the following vote: Aye: Councilmembers Heitzman, Noll, and Brien. Nay: Council President O'Leary, Councilmembers Stehura, Schneider, and Thomas. (File Ordinance No. 93-864) 4. A proposed resolution authorizing the sale of Commons Park South was referred to the Plan Commission and scheduled for public hearing on June 14, 1993. (File Resolution No. 93-1618) 5. Matters not on the agenda. Councilmember Noll moved to reconsider the Fourth Ward Traffic Plan, seconded by Councilmember Schneider and passed with the following vote: Aye: Council President O'Leary, Councilmembers Stehura, Noll, Schneider, and Thomas. Nay: Councilmembers Heitzman and Brien. Council President O'Leary scheduled action on June 14, 1993. Councilmembers Thomas and Schneider requested discussion of yard waste pick-up be placed on the Council agenda. Council President O'Leary placed this matter on the June 28, 1993 Council agenda. Councilmember Heitzman stated for the record her desire to have funds included in the 1993 budget for yard waste pick-up. 6. Councilmember Brien 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, seconded by Councilmember Thomas and passed with the following vote: Aye: Council President O'Leary, Councilmembers Stehura, Heitzman, Noll, Schneider, Brien, and Thomas. There being no further business, the meeting adjourned into closed session at 10:50 p.m. These minutes are not official until approved by the City Council. Timothy L. Kitzman Deputy City Clerk