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08-09-93PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING August 9, 1993 APPROVED 8-23-93 Vol. 44 No. 10 Regular meeting of the City Council of the City of Janesville, held in the Municipal Building August 9, 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 Schneider led the Council in the Pledge of Allegiance. CONSENT AGENDA Minutes of the regular meeting held on July 26, 1993. Licenses; and recommendations of the Alcohol License Advisory Committee. Action on approval of Certified Survey Map 93007-C, 2 outlots located near Cambridge Drive. Council President O'Leary stated that the consent agenda would be approved, if there were no objections, except for an operator's license for Misty Anderson and Denise Kingslien, and Certified Survey Map 93007-C. There were no objections. Misty Anderson, 647 Sutherland, appeared before Council and requested an operator's license. Councilmember Stehura moved to deny an operator's license to Misty Anderson, seconded by Councilmember Schneider and passed unanimously. Denise Kingslien, 220 North Palm St., did not appear before Council, Councilmember Stehura moved to deny an operator's license to Denise Kingslien, seconded by Councilmember Schneider and passed unanimously. Council President O'Leary stated that CSM 93007-C would be acted on after Old Business No. 3. (All 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. Paul Schultz, 2425 South Wyck Dr., requested that the Council review the Plan Commission's consideration of not allowing Skyview Drive to access Highway 14. It was his opinion that this is a necessary outlet for his subdivision. Councilmembers Heitzman and Noll requested that this matter be placed on the Council's August 23, 1993 agenda, and that a public hearing be conducted. 2. A proposed ordinance annexing land adjoining properties at 906 and 916 Cambridge Drive was given its second reading and public hearing. No one appeared for the public hearing. Councilmember Schneider moved to adopt said ordinance, seconded by Councilmember Noll and passed unanimously. (File Ordinance No. 93- 872) 3. A proposed ordinance establishing the zoning classification of land adjoining properties at 906 and 916 Cambridge Drive was given its second reading and public hearing. No one appeared for the public hearing. Councilmember Brien moved to adopt said Councilmember Noll and passed unanimously. 873) ordinance, seconded by (File Ordinance No. 93- Councilmember Brien moved to approve Certified Survey Map 93007-C, a two lot survey located near Cambridge Drive, seconded by Councilmember Noll and passed unanimously. (File CSM 93007-C) 4. A proposed ordinance amending Chapter 18 of the Code of General Ordinances (Zoning) to require conditional use permits for all M2 (General Industrial) and M4 (Central General Industrial) zone district uses, was given its second reading and public hearing. No one appeared for the public hearing. Councilmember Brien moved to adopt said ordinance, with the deletion of Section IV c. vii., "Restaurant or commercial uses if they are incidental to a permitted use.", seconded by Councilmember Thomas and passed unanimously. (File Ordinance No. 93-876) 5. A proposed ordinance rezoning property located at 533 North Main Street from B6 to M3 was given its second reading and public hearing. John Schuler, owner of the property, appeared before Council to respond to their questions about the rezoning. Councilmember Stehura moved to adopt said ordinance, seconded by Councilmember Noll and passed unanimously. (File Ordinance No. 93- 877) NEW BUSINESS 1. Recommendation of the Plan Commission: A proposed resolution approving the final plat of Clover Meadows First Addition. Councilmember Noll moved to adopt said resolution, subject to the payment of a $137 filing fee, special assessments of $12,617 for storm sewer improvements, outstanding special assessments of $6,024.18 and monies in-lieu-of parkland dedication in the amount of $2,855, seconded by Councilmember Schneider and passed unanimously. (File Resolution No. 93-1641) 2. A proposed resolution to approve the designation of parkland on Ruger Avenue as Optimist Community Park. Councilmember Noll moved to adopt said resolution, seconded by Councilmember Thomas and passed unanimously. (File Resolution No. 93-1587) 3. Action on a proposed City Council policy creating a cable advisory committee. Councilmember Noll moved to postpone creating a cable advisory committee until January 1994, in order for the Council to develop a consensus on this issue, seconded by Councilmember Schneider. The Council discussed their philosophy on public access, and whether a committee should be appointed before or after the City Council decides on public access for the City of Janesville. Councilmember Stehura called the question, seconded by Councilmember Thomas and that failed by the following vote: Aye: Councilmembers Stehura, Heitzman and Noll. Nay: Council President O'Leary, Councilmembers Schneider, Brien and Thomas. Council voted on the main motion and that failed by the following vote: Aye: Council President O'Leary, Councilmembers Noll and Schneider. Nay: Councilmembers Stehura, Heitzman, Brien and Thomas. Councilmember Schneider moved to approve the proposed City Council Policy creating the cable advisory committee, seconded by Councilmember Stehura. Councilmember Schneider moved to amend the policy statement by changing the membership of the committee to include one councilmember for a one-year term, seconded by Councilmember Noll and passed unanimously. Councilmember Schneider moved to delete Functions No. 2, "The committee shall recommend to the City Council the approach to be used for public access and shall oversee public access operations in the City.", and replace it with the "The committee shall oversee public access operations in the City.", seconded by Councilmember Noll and failed by the following vote: Aye: Council President O'Leary, Councilmembers Noll and Schneider. Nay: Councilmembers Stehura, Heitzman, Brien and Thomas. Councilmember Heitzman moved to postpone this matter for one month and to hold a study session to work out the language contained in the policy, seconded by Councilmember Stehura and failed by the following vote: Aye: Councilmembers Heitzman and Noll. Nay: Council President O'Leary, Councilmembers Stehura, Schneider, Brien and Thomas. Councilmember Schneider moved to amend the council policy statement by deleting the words under Functions No. 3, "...and as appropriate", seconded by Councilmember Noll and passed unanimously. Councilmember Schneider moved to amend the council policy statement reporting section to include, "A report will be prepared and distributed to the City Council every time the committee meets.", seconded by Councilmember Noll and passed unanimously. Council voted on the main motion to approve the council policy statement and passed by the following vote: Aye: Councilmembers Stehura, Heitzman, Brien and Thomas. Nay: Council President O'Leary, Councilmembers Noll and Schneider. 4. Action on acceptance of 1992 Audit Reports. Councilmember Stehura moved to accept the City of Janesville audit report and place it on file for the public's review, seconded by Councilmember Heitzman and passed unanimously. 5. Action on acceptance of a state grant to assist in converting the public works site on South River Street to parkland. Councilmember Noll moved to accept the state grant, seconded by Councilmember Heitzman and passed unanimously. 6. A proposed resolution authorizing release of storm sewer easements in Clover Meadows Plat area. Councilmember Schneider moved to adopt said resolution, seconded by Councilmember Noll and passed unanimously. (File Resolution No. 93-1642) 7. City Manager Sheiffer reviewed the proposed 1994 budget calendar with the City Council. No action was taken. 8. A proposed ordinance rezoning property at 164 South Franklin Street from B6 to 02 was introduced, referred to the Plan Commission and scheduled for public hearing on September 7, 1993. (File Ordinance No. 93-880) 9. Matters not on the agenda. The City Council congratulated Commander Brunner on his appointment as the City of Janesville's new Chief of Police, beginning January 3, 1994. Councilmember O'Leary requested information on how a financial institution could participate in the home ownership assistance loan program. Councilmembers Schneider and Noll requested an agenda item with a public hearing on cable TV/public access for September 1993. Councilmembers Schneider and Heitzman requested that an ordinance be drafted to eliminate frivolous shoplifting cases being prosecuted by the city attorney's office. There being no further business, the Council adjourned at 9:15 p.m. These minutes are not official until approved by the City Council. Jean Ann Wulf City Clerk