1987-06-15 Council MeetingPROCEEDINGS OF THE CITY COUNCIL
CITY OF JANESVILLE, WISCONSIN
REGULAR MEETING
15 June 1987
Vol. 38
No. 6
Approved 29 June 1987
Regular meeting of the City Council of the City of Janesville, held in the Municipal
Building 15 June 1987 at 7:30 p.m.
Meeting was called to order by Council President Pulliam.
Present: Council President Pulliam, Councilmembers Mittness, Collins, Stockwell, Stehura,
Pierson and McLean.
Minutes of the Study Session of 28 May 1987 were presented. Councilmember Stehura made
a motion to approve the minutes of the Study Session of 28 May 1987 as distributed.
Motion was seconded by Councilmember Stockwell and adopted by the following vote: Aye:
Councilmembers Mittness, Collins, Stockwell, Stehura and Pierson. Pass: Council
President Pulliam and Councilmember McLean.
Minutes of the regular meeting of 1 June 1987 were presented. Councilmember Stehura
made a motion to approve the minutes of the regular meeting of 1 June 1987 as distributed.
Motion seconded by Councilmember McLean and adopted unanimously.
LICENSES
Councilmember Stehura made a motion that the licenses, as listed on the license agenda
and on file in the office of the City Clerk, be approved and issued, including a change
in the licensed premises for a Class "B" regular license for Black Bridge Bowl, Inc.,
located at 1141 Black Bridge Road - Kurt Brose, Agent - for an outdoor beer garden.
Said beer garden being subjected to the following eleven conditions:
1. That the outdoor beer garden would be the only area in which either the sale or
consumption of fermented malt beverages or wine coolers could take place;
2. That prior to consideration by the Common Council, supply to the City Clerk,
if it had not done so already, a sketch or other acceptable drawing clearly
defining the beer garden premises;
3. That the sale and consumption of alcohol on the beer garden premises be limited
to fermented malt beverages and wine coolers only;
4. That the consumption and sale of fermented malt beverages and wine coolers on the
beer garden premises cease at 10:00 p.m.;
5. That there be no outdoor electronically or other amplified sound or music of
any kind outdoors in the beer garden premises or outdoor volley ball area;
6. That there be no live music or other live entertainment in the outdoor beer
garden premises or outdoor volleyball area;
7. That the consumption of fermented malt beverages and wine coolers could only
occur in the beer garden premises and not in the volley ball court area;
8. That the only ingress and egress to the outdoor beer garden premises and outdoor
volleyball area be through the main building;
9. That the emergency fence exits surrounding the outdoor beer garden premises and
outdoor volleyball area only be operable from the inside so that ingress and
egress could not occur directly into either the outdoor volleyball area or the
outdoor beer garden premises without going through the main building;
10. That the licensee provide effective means of carding individuals entering and
exiting the outdoor beer garden premises so as to effectively prevent the
presence or service of minors not accompanied by their parents or guardians
in the outdoor beer garden premises;
11. That only 2030 sq. ft. of the entire 3,456 sq. ft. shaded licensed premises area
could be used,
and not including the bartender's license not recommended for approval by the Liquor
License Advisory Committee. Motion seconded by Councilmember McLean and passed unanimously.
Tyrone Pike of 629 N. Ringold appeared before the Council to discuss his bartender's
application. Councilmember Collins made a motion to approve the bartender license for
Tyrone Pike. Motion seconded by Councilmember Pierson and adopted by the following
vote: Aye: Council President Pulliam, Councilmembers Mittness, Collins, Pierson and
McLean. Nay: Councilmembers Stockwell and Stehura.
(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.)
SPECIAL RECOGNITION
City Manager Sheiffer read the commendation honoring Bernice Laita who is retiring after
33 years of outstanding service to the City of Janesville as executive secretary to seven
City Managers. The commendation was approved by a standing ovation, and the City Manager
then presented it to Bernice in person.
OLD BUSINESS
1. Requests and comments from the public on matters which can be affected by Council
action. No one appeared.
2. A proposed resolution, recommended for approval by the administration, declaring
intent to exercise special assessment power under Section 66.60, Wisconsin Statutes and
required installation of water, sewer and gas service and providing for assessment of
costs under Section 66.625, Wisconsin Statutes.
Council President Pulliam opened the public hearing at 7:57 p.m. Quint Studer of 924
E. Milwaukee St. appeared in opposition to the widening of S. Garfield Av. under Category
V. Appearing in opposition to the widening of W. Memorial Dr. under Category VI were
the following individuals: Gerald Apfel - 1511 W. Memorial Dr., Bonnie Scheele - 1521
W. Memorial Dr., Vickie Clark and Perry Clark of 1430 W. Memorial Dr., Ruth Schudda of
1502 W. Memorial Dr., Vivian Perry of 1501 W. Memorial Dr., and Dorothy Marker of 1508
W. Memorial Dr., who presented a petition to the Council opposing the widening.
Councilmember Stehura made a motion to adopt said resolution. Motion seconded by Council -
member McLean.
Councilmember Stehura moved to amend the motion by changing under Category I "Doubletree
Drive from Randolph Road to LaMancha Drive" to read "Doubletree Drive from LaMancha Dr.
to 674 feet north and to srike out "Randolph Road from W.L. The Meadows 1st Addition to
E.L. The Meadows 1st Addition". Motion to amend was seconded by Councilmember Stockwell
and adopted unanimously.
Councilmember Collins moved to amend the motion by striking out "W. Memorial Dr." under
Category VI, and to delay any improvements for one year. Motion to amend seconded by
Councilmember Pierson and failed by the following vote: Aye: Councilmembers Collins
and Pierson. Nay: Council President Pulliam, Councilmembers Mittness, Stockwell, Stehura
and McLean.
Council President Pulliam moved to amend the motion by eliminating the widening of South
Garfield Av. under Category V. Motion seconded by Councilmember McLean and failed by
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the following vote: Aye: Council President Pulliam and Councilmember McLean. Nay:
Councilmembers Mittness, Collins, Stockwell, Pierson and Stehura.
Councilmembers then voted unanimously to adopt the main motion with amendments. (File
Resolution No. 87-1003)
3. A proposed resolution, recommended for approval by the administration, that the
Common Council of the City of Janesville direct that standard concrete sidewalk be placed
in front of all parcels of land where standard concrete sidewalks have not been constructed
on the following streets. Council President Pulliam informed the Councilmembers that
because of possible conflict of interest, and the fact that he would be debating this
item, Councilmember Pierson would be presiding over the meeting during the deliberation
of this item.
Councilmember Pierson opened the public hearing at 9:37 p.m.
Priority #1 - East side of Liberty Lane. Appearing in favor were: Frederick Fay of 2111
Refset on behalf of the tenants living in Liberty Lane Apartments at 2111 Refset Dr.
Appearing in opposition: Dick Aiello, representing the Janesville Housing Partners,
owners of Lexington Court Townhouses; Ed Pulliam of 313 S. Harmony Dr., representing
Janesville Properties, owners of the Janesville Mall; Attorney David Feingold, representing
Don Webb. Attorney Feingold presented a letter from Lawrence B. Woodman opposing the
sidewalk.
East side of N. Lexington Dr. Appearing in favor was George Haynes, Manager of Business
Operations for the Janesville School District. Those appearing in opposition were:
Stanley Dymek - 2412 N. Lexington Dr.; Curtis Buetow -2514 N. Lexington Dr. and Don Webb
of 1705 Hancock Lane.
Both sides of Holiday Drive. Those appearing in opposition were: Ed Pulliam - 313 South
Harmony Dr., representing Janesville Properties, owners of the Janesville Mall, George
Haynes, Manager of Business Operations for the Janesville School District, and Attorney
David Feingold representing Don Webb, who also presented a letter to the Council from
Ernie and Viola Schulze.
East side of S. Oakhill Av. City Manager Sheiffer presented a letter to the Council from
Diane Long of 2005 South Oakhill Av. opposing sidewalks.
Priority #2 - West side of Forest Park Blvd. Appearing in opposition were Attorney Tom
Basting, representing Mr. and Mrs. Richard Myers of 432 Forest Park Blvd. Attorney
Basting presented a petition to Council signed by property owners in the area and some
pictures of the area. Mr. Jim Hutchison of 1122 Oakland Av. also appeared. Council -
member Mittness questioned if the foliage in the area close to the Myers property will
continue to be trimmed at the level it is now and he was told by Attorney Basting that
it would.
Priority #3 - West side of S. Oakhill Av. Appearing in opposition were Carl Evans of 2204
S. Oakhill Av. who also presented a petition to the Council signed by property owners in
the area. Marilyn Davenport - 2014 S. Oakhill Av. City Manager Sheiffer presented a
letter to Council from Pat Lessard, 2130 S. Oakhill Av. opposing sidewalks. Council was
presented a letter from Mr. and Mrs. Darwin Burr, 2144 S. Oakhill Av. in opposition to
sidewalks. Council also was presented a letter from William Schneider of 2022 S. Oakhill
Av. opposing sidewalks.
City Code 17.32.120 - South side of E. Milwaukee St. Appearing in opposition were:
Mike Miles - 4256 E. Milwaukee St., representing himself and Gerald Amann - 4262 E. Mil-
waukee St., Ed Wellnitz - Hwy. 14 N., and James Fagan of 4248 E. Milwaukee St. Letters
to the Council from Gerald Amann and Ed Wellnitz were presented by Mr. Miles.
Councilmember Collins made a motion to adopt Resolution 87-995 as presented. Motion
seconded by Councilmember McLean.
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Councilmember Collins moved to amend the motion by deleting west side of Forest Park Blvd.
Motion seconded by Councilmember Stehura and passed by the following vote: Aye: Council -
members Pierson, Collins, Stehura and Mittness. Nay: Councilmember McLean. Pass:
Councilmember Stockwell.
Councilmember Collins moved to amend the motion by deleting east side of Liberty Lane.
Motion seconded by Councilmember Stockwell. Motion to amend passed by the following vote:
Aye: Councilmembers Pierson, Collins, Stockwell and Stehura. Nay: Councilmembers
Mittness and McLean.
Councilmember Collins moved to amend the motion by deleting east side of N. Lexington Dr.
from Refset Drive to Old Humes Road. Motion seconded by Councilmember Stehura.
Councilmember Pierson moved to amend the amendment by striking out from Refset Drive to
Holiday Drive so the motion to amend would read "...by deleting the portion of the east
side of N. Lexington Dr. from Hwy. 14 to Holiday Dr.", instead. Motion seconded by
Councilmember Stockwell and failed by the following vote: Aye: Councilmembers Pierson,
Stockwell and McLean. Nay: Councilmembers Mittness, Collins and Stehura.
Councilmember Pierson called for the vote on the motion to amend the motion by deleting
the entire east side of N. Lexington Dr. from Refset Drive to Old Humes Rd. Motion failed
by the following vote: Aye: Councilmembers Collins and Stehura. Nay: Councilmembers
Pierson, Mittness, Stockwell and McLean.
Councilmember Stockwell moved to amend the motion by deleting the east side of N. Lexington
Dr. from Holiday Dr. to Old Humes Rd. Motion seconded by Councilmember Collins and failed
by the following vote: Aye: Councilmembers Collins, Stockwell and Pierson. Nay: Council -
members Mittness, Stehura and McLean.
Councilmember Collins moved to amend the motion by deleting both sides of Holiday Drive.
Motion seconded by Councilmember Stockwell and passed by the following vote: Aye:
Councilmembers Pierson, Stockwell, Stehura and Collins. Nay: Councilmembers Mittness
and McLean.
Councilmember Collins moved to amend the motion by deleting the west side of South Oakhill
Avenue. Motion to amend seconded by Councilmember Stehura and passed unanimously.
Councilmember Collins moved to amend the motion by deleting the south side of East Milwaukee
St. Motion to amend seconded by Councilmember McLean and passed by the following vote:
Aye: Councilmembers Pierson, Collins, McLean and Stehura. Nay: Councilmembers Mittness
and Stockwell.
Councilmember Pierson then called for the vote on the original motion with amendments.
The motion passed with the following vote: Aye: Councilmembers Pierson, Collins, Stock-
well and Mittness. Nay: Councilmembers Stehura and McLean.
Councilmember Pierson made a motion to reconsider the action on the previous motion with
the amendments. Motion seconded by Councilmember McLean. Motion to reconsider failed
by the following vote: Aye: Councilmembers Pierson, Collins, Stehura and McLean.
Nay: Councilmembers Mittness and Stockwell. This motion failed because the City Ordinance
requires five affirmative votes for reconsideration. (File Resolution No. 87-995)
Council President Pulliam rejoined the Council to preside over the remaining business.
4. A proposed ordinance, recommended for approval by the administration, annexing territory
in part of the SW14 and SEJ of Section 8 T.3N., R.13E., of the 4th P.M., Harmony Township,
Rock County, Wisconsin, was given its second reading by title only and public hearing.
Council President Pulliam opened the public hearing at 11:47 p.m.
Appearing in favor of the ordinance were: Terry Campbell of 3007 Windsor Lane, the
petitioner, and Julie Throndson, 4375 Hwy. 26. Those appearing against the ordinance were:
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Don Boughton - 5211 N. River Road, Lewis Fish - 4242 Hwy. 26, Greg Suchanek of 4246 Hwy.26,
Carrie Taft of 2917 East Rotamer Road and Janet Nelson of 2937 Rotamer Rd.
Councilmember McLean made a motion to adopt said ordinance as presented. Motion seconded
by Councilmember Stockwell.
Councilmember Pierson moved to postpone action on said ordinance for two weeks. Motion
seconded by Councilmember Stehura. Motion passed with the following vote: Aye: Council
President Pulliam, Councilmembers Collins, Stehura and Pierson. Nay: Councilmembers
Mittness, Stockwell and McLean.
Council President Pulliam requested a ruling from City Attorney Klimczyk about a public
hearing in two weeks. City Attorney Klimczyk stated that the public hearing could be
reopened if the Council desired. She also suggested that the petitioner and the objectors
to the petition could present information to the staff in one week, for Council considera-
tion at the Council meeting to be held 29 June.
Councilmember McLean asked City Attorney Klimczyk for an opinion on who is a valid elector
and was told by the City Attorney that she would check further and get the information
to him. (File Ordinance No. 87-520)
5. A proposed ordinance establishing the zoning classification of land located along
East Rotamer Road and State Hwy. 26 within the City of Janesville. Council President
Pulliam postponed this item for two weeks. (File Ordinance No. 87-521)
6. A proposed ordinance setting a fee for summer use of the Janesville Transit System
buses by persons five to eighteen years of age was given its second reading by title only
and public hearing. Council President Pulliam opened the public hearing at 12:37 a.m.
No one appeared during the public hearing.
Councilmember Stockwell made a motion to adopt said ordinance as presented. Motion seconded
by Councilmember McLean.
Councilmember Mittness moved to amend the motion by striking out $4 and inserting $3.
Motion seconded by Councilmember Pierson and failed by the following vote: Aye: Council -
members Mittness and Pierson. Nay: Council President Pulliam, Councilmembers Collins,
Stockwell, Stehura and McLean. (File Ordinance No. 87-523)
The main motion was then adopted by the following vote: Aye: Council President Pulliam,
Councilmembers Collins, Stockwell, Stehura, Pierson and McLean. Nay: Councilmember
Mittness.
7. A proposed ordinance, recommended for approval by the Transportation Committee, amend-
ing the list of connecting arterial streets with a penalty as provided in Section 10.24.070
was given its second reading by title only and public hearing. Council President Pulliam
opened the public hearing at 12:41 a.m. No one appeared.
Councilmember Pierson made a motion to adopt said ordinance as presented. Motion seconded
by Councilmember Stehura and adopted unanimously. (File Ordinance No. 87-522)
NEW BUSINESS
1. Request from the American Legion Baseball of Janesville to hold a two-day baseball
tournament. Councilmember Pierson made a motion to approve the request of the American
Legion Baseball of Janesville to use Riverside Park on 20 and 21 June for a baseball
tournament. Motion seconded by Councilmember Collins and adopted unanimously.
2. Request from the Janesville Jaycees to hold their annual Fourth of July celebration.
Councilmember Collins made a motion to approve the Janesville Jaycees' request to use
Traxler Park on July 3 and 4 for their annual celebration. Motion seconded by Council -
member McLean and adopted unanimously.
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3. Request from Janesville Jaycees and Allan C. Hills Great American Circus to hold a
circus for financial gain on 7 July 1987. Councilmember Collins made a motion to approve
the Janesville Jaycees' and Allen C. Hills Great American Circus' request to hold a
circus at Rockport Park on 7 July 1987. Motion seconded by Councilmember McLean and
adopted by the following vote: Aye: Council President Pulliam, Councilmembers Mittness,
Collins, Stehura, Pierson and McLean. Nay: Councilmember Stockwell.
4. Recommendation of the Committee of Public Works and awarding of contracts for 1987
Public Works Improvements Program #2 (A through G) Contract "H" - Replacement Sidewalk -
TIF Bid was rejected by the Committee.
Councilmember McLean made a motion to reject the bids for Contract H, and to accept and
award the following contracts, as recommended by the Committee of Public Works.
A. Sewer & Water
E. Concrete Joint Reoair
R. T. Fox Contractors, Inc,
P.O. Box 3
Parisi Companies
WI
Edgerton, W. 53534
$229,170.00
2413 Parmenter Street
Middleton, WI. 53562
$93,842.00
B. Curb & Gutter
F. Water Main — River Crossing
Parisi Companies
ter St.
E & N Hughes Co., Inc.
Middleton,
eton,ParmeWI.
Middleton, WI. 53562
$215,360.00
P. 0. Box 408, Co lien Road
Monroe, WI. 53566
$149,781.00
C. Paving
C. Transit Center Paving
Rock Road of Wisconsin, Inc.
P. 0. Box 1779
Frank Bros., Inc.
Janesville, WI. 53547
$258,827.00
2919 N. Lexington Drive, Suite 202
Janesville, WI. 53545
D. Seal Coat
Base Bid:
$16,690.50
Struck & Irwin Paving, Inc.
812 Williamson Street
Alternate Bids:
Madison, WI. 53703
$30,592.00
A. New Fuel Dispenser, Complete $1.550.00
D. Casting for Access Pit 330.00
$18,570.50
Motion seconded by Councilmember Pierson and adopted unanimously.
5. A proposed ordinance, recommended for approval by the administration, repealing the
inspection and licensing of food and drink handlers, candy and related item vending/dis-
pensing machines, and the city health department ordinance was introduced by Council
President Pulliam and given its first reading by title only. A public hearing was set
for 29 June 1987 at 7:30 p.m. (File Ordinance No. 87-524)
6. A proposed resolution, recommended for approval by the administration, acknowledging
the Common Council's review of the ComplianceMaintenance Annual Report of the Wastewater
Treatment Plant. Councilmember Collins made a motion to adopt said resolution as pre-
sented. Motion seconded by Councilmember Stockwell and adopted unanimously. (File
Resolution No. 87-1002)
7. Appointments to committeeq commissions and boards. Councilmember Stehura made a
motion to approve the following reappointments, as,recommended by City Manager Sheiffer.
Transportation Committee - Merlin Kanter of 311 Exeter; Historical Commission - Jean
Sedor of 3186 W. Danbury, and Tom Jeffris of 904 E. Court; Board of Zoning Appeals -
Walden Thiede of 625 St. Lawrence; Library - Linda Marrs of 1914 Foster Av.; Leisure
Services - David MacDougall of 2503 Cherokee Rd., Earl Schultz of 832 Centerway and
Rgoer Schwartz of 1919 Myra Av. all for three-year terms. Floyd Kowal of 494 Mohawk Rd.
to the Site Plan review for 2 years. Motion seconded by Councilmember Mittness and passed
unanimously.
Councilmember Stehura made a motion to approve the following appointments recommended
by City Manager Sheiffer. Citizens Board of Review - Jack Grawe of 638 Sunset Dr. for
five years; Leisure Services Advisory Committee - Barbara Moore of 2403 Laurel Av. for
three years; Board of Zoning Appeals - David Thill of 2512 Riverview Dr. for three years;
and Raymond Jablonski of 908 E. Centerway to the Janesville Library Board for three years.
Motion seconded by Councilmember Stockwell and passed unanimously.
City Manager Sheiffer informed the Council that he had appointed Fred Holte of 2029 Bond
Place to a five-year term on the Police and Fire Commission; also, that he had appointed
George Poppas of 426 Bostwick Av. to the Planning Commission and reappointed Gerald Lynch
of 1936 South Walnut St. to the Planning Commission.
8. A proposed ordinance, recommended for approval by the administration, requiring that
the corporate alcohol license agent be a resident of the City of Janesville with a penalty
of not less than $50 nor more than $500 together with the costs of prosecution, was intro-
duced by Council President Pulliam and given its first reading by title only. A public
hearing was set for 29 June 1987 at 7:30 p.m. (File Ordinance No. 87-525)
9. Matters not on the Agenda. Councilmember Stehura asked Council for clarification on
how they wanted the Liquor License Advisory Committee to operate under City Code 5.06.080
Section B. Council President Pulliam was of the opinion that the Liquor License Advisory
Committee must follow the ordinance and should continue to make negative recommendations
where information on a bartender's application is false or misleading.
There being no further business, the meeting was adjourned at 1:04 a.m.
These minutes are not official until approved by the City Council.
Frank L. Spoden
City Clerk
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