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12-14-92PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING December 14, 1992 APPROVED 12-28-92 Vol. 43 No. 25 Regular meeting of the City Council of the City of Janesville held in the Municipal Building December 14, 1992, at 7:00 p.m. The meeting was called to order by Council President Brien. Present: Council President Brien, Councilmembers Heitzman, O'Leary, Noll, Stehura, Schneider and Thomas. Councilmember Schneider led the Council in the Pledge of Allegiance. CONSENT AGENDA Minutes of the regular meeting held November 30, 1992. Minutes of the special meeting held December 3, 1992. Licenses: and recommendations of the Alcohol License Advisory Committee. Financial statement for the month of November 1992. Authorization for the administration to deny a liability claim made on behalf of Margaret E. Hall. Approval of a Final Certified Survey Map 92019-C, 3 lots located on North Atwood Drive. Approval of a Final Certified Survey Map 92050-C, 2 lots located along Conde Street, east of Beloit Avenue. Council President Brien stated that the negative recommendations and no recommendations for licenses would be removed from the consent agenda, and if there were no objections, the consent agenda would be approved. There were no objections. Lisa Steinke, 1133 Richardson, appeared before Council requesting an operator's license, even though she received a negative recommendation. Councilmember Schneider moved to approve an operator's license for Lisa Steinke, seconded by Councilmember Noll and passed by the following vote: Aye: Council President Brien, Councilmembers O'Leary, Noll, Schneider and Thomas. Nay: Councilmembers Heitzman and Stehura. Matthew McGuire, who received a negative recommendation, did not appear before Council. Councilmember O'Leary moved to deny an operator's license for Matthew McGuire, seconded by Councilmember Noll and passed unanimously. Rachel Hill, 2210 Roosevelt, appeared before Council requesting an operator's license, even though she received a no recommendation from the ALAC. Councilmember Noll moved to grant an operator's license to Rachel Hill, seconded by Councilmember Schneider and passed by the following vote: Aye: Council President Brien, Councilmembers Heitzman, O'Leary, Noll and Schneider. Nay: Councilmembers Stehura and Thomas. OLD BUSINESS 1. Requests and comments from the public on matters which can be affected by Council action. Robert C. Marshall, 3116 Mt. Zion Avenue, stated his opposition to the proposed wastewater rates increase, and stressed the need for better public notification of the City Council's Agenda. 2. A proposed ordinance rezoning property located at 1808 North Washington Street from B3 to R3 was given its second reading and public hearing. No one appeared for the public hearing. Councilmember Noll moved to adopt said ordinance, seconded by Councilmember Schneider and passed unanimously. (File Ordinance No. 92-820) 3. A proposed ordinance amending the City's Wastewater Facilities and Sewer Use Ordinance in order to adjust rates and comply with Federal and State requirements was given its second reading and public hearing. David Shank, 4425 Hearthstone Drive, stated his concern about charging clear water usage on the wastewater utility bill, and the administration proposing a large wastewater rate increase instead of increasing rates incrementally over time. Thomas Schroeder, 1060 Morningside, and Paul Gasser, 1400 Manor Dr., stated their opposition to a $1.50 quarterly charge on their clear water meter. Robert Marshall, 3116 Mt. Zion Avenue, and Helen Anderson, 935 Matheson, stated their opposition to the wastewater rate increase. Richard Wendorf, 2716 Elizabeth, stated that the utilities should change their method of charging wastewater fees in the summer, to allow a credit for water used on lawns. 2 Council President Brien moved to adopt said ordinance, seconded by Councilmember O'Leary. Council President Brien moved to amend the motion by eliminating the $1.50 quarterly charge for clear water meter maintenance, seconded by Councilmember O'Leary and passed unanimously. Council voted on the main motion and it passed by the following vote: Aye: Council President Brien, Councilmembers Heitzman, Noll and Thomas. Nay: Councilmembers O'Leary, Stehura and Schneider. (File Ordinance No. 92-823) NEW BUSINESS 1. Action on a motion that Christmas trees be collected with the normal trash, rather than a separate collection. Councilmember Schneider moved that the Christmas trees be collected with the regular trash collection, and to delete $13,000 for this activity in the 1992 budget, seconded by Councilmember O'Leary and passed by the following vote: Aye: Council President Brien, Councilmembers Heitzman, O'Leary, Noll, Stehura and Schneider. Nay: Councilmember Thomas. 2. Proposed resolutions authorizing the improvement projects utilizing State or Federal funds for: Beloit Avenue (Resolution No. 92-1575); East Milwaukee Street (Resolution No. 92-1576); Court Street Bridge (Resolution No. 92-1577); North Washington/North Terrace Street (Resolution No. 92-1578), and West Memorial Drive (Resolution No. 92-1579). Councilmember Schneider moved to adopt Resolutions 92-1575, through 92-1579, seconded by Councilmember Thomas and passed unanimously. (File Resolution Nos. 92-1575, 92-1576, 92-1577, 92-1578 and 92- 1579) 3. Councilmember Noll moved to award the Tallman House Historic Restoration contract to Apollo Construction Co., Inc. in the amount of $476,781.00, seconded by Councilmember O'Leary and passed unanimously. 4. A proposed resolution adopting the project plan and creating Tax Increment Finance District No. IX. Councilmember O'Leary stated he had a conflict of interest on this matter and would pass on this resolution. Council President Brien moved to adopt said resolution, seconded by Councilmember Noll and failed by the following vote: Aye: Council President Brien, Councilmembers Heitzman and Schneider. Nay: Councilmembers Noll, Stehura and Thomas. Pass: Councilmember O'Leary. (File Resolution No. 92-1522) 3 5. Referral to the Plan Commission of property acquisition and sale for the South Centerway redevelopment project. City Manager Sheiffer requested that this item be withdrawn from the agenda, because of Council's previous action on TIF IX. Council President Brien withdrew this item from the agenda. 6. Matters not on the agenda. Council President Brien and Councilmember Schneider requested that the Council reconsider their position on TIF IX. They stated all projects would guarantee the City would receive sufficient money to offset all expenditures incurred in this project, and that the elimination of blight in this area was desirable. Councilmember Noll moved to reconsider the TIF IX project plan, File Resolution No. 92-1522, seconded by Councilmember Heitzman and passed by the following vote: Aye: Council President Brien, Councilmembers Heitzman, Noll, Stehura, Schneider and Thomas. Pass: Councilmember O'Leary. Councilmember Schneider moved to adopt the TIF IX project plan, seconded by Councilmember Heitzman and passed by the following vote: Aye: Council President Brien, Councilmembers Heitzman, Noll, Schneider and Thomas. Nay: Councilmember Stehura. Pass: Councilmember O'Leary. (File Resolution No. 92-1522) Council President Brien referred to the Plan Commission the Jim Comstock redevelopment agreement for the acquisition and sale of property on South Centerway, and scheduled this item for public hearing on January 11, 1993. 7. Councilmember Schneider moved to convene into closed session pursuant to Wisconsin Statue 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; and Section 19.85 (1)(g), for the purpose of conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved, seconded by Councilmember Noll and passed unanimously. There being no further business, the Council convened into closed session at 10:13 p.m. These minutes are not official until approved by the City Council. Jean Ann Wulf City Clerk 4