05-13-91PROCEEDINGS OF THE CITY COUNCIL
CITY OF JANESVILLE, WISCONSIN
REGULAR MEETING
13 May 1991
Vol. 42
No. 4
APPROVED 28 MAY 91
Regular meeting of the City Council of the City of Janesville
held in the Municipal Building, 13 May 1991 at 7:30 p.m.
The meeting was called to order by Council President Schneider
Present: Council President Schneider, Councilmembers Pierson,
O'Leary, Noll, Stehura, Collins and Brien.
Councilmember Stehura lead the City Council in the Pledge of
Allegiance.
CONSENT AGENDA
Council President Schneider stated that licenses and recommendations
of the Alcohol License Advisory Committee and the financial gain
requests would not be considered under the consent agenda, but
would be acted on separately.
Minutes of the regular meeting held 29 April 1991.
Minutes of the special meeting held 7 May 1991.
Waiver of special assessments procedure for storm sewer
assessment on Lucerne Dr. for the Wesleyan Church.
Council President Schneider stated that if there were no
objections, the consent agenda would be approved. There
were no objections.
Councilmember Stehura moved to approve all licenses with a
favorable recommendation, except for the special event license to
the Association for Retarded citizens, seconded by Councilmember
Collins and passed unanimously.
Councilmember Stehura moved to approve special event license for
the Association for Retarded Citizens, seconded by Councilmember
Collins and passed by the following vote: Aye: Council
President Schneider, Councilmembers Pierson, O'Leary, Noll,
Stehura and Collins. Pass: Councilmember Brien.
Councilmember Stehura moved to deny an operator's license for
Timothy Holman and Laurie Weldon, seconded by Councilmember
Pierson and passed unanimously.
Councilmember Collins moved to approve a Class B Intoxicating
Liquor and Fermented Malt Beverage License for Randall Rensberry,
d/b/a Cloverleaf, J & M of Janesville, Inc., d/b/a Jumbos, and
JML Holdings, Inc. d/b/a Theodore's, seconded by Councilmember
O'Leary and passed by the following vote: Aye: Council
President Schneider, Councilmembers Pierson, O'Leary, Noll
Collins and Brien. Nay: Councilmember Stehura.
Councilmember Collins moved to approve the financial gain request
for the Jaycees for permission to use Traxler Park for their
annual Fourth of July celebration on June 30 and July 3 and 4,
1991. In addition, if the festivities are rained out on those
dates, the City Manager may allow the Jaycees to use the park on
July 6th. The motion was seconded by Councilmember O'Leary and
passed unanimously.
(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. Request and comments from the public on matters which can be
affected by Council action. There were none.
2. Continuation of the public hearing on a proposed resolution
vacating a portion of an access road on Milton Av. adjoining the
Janesville Mall. Ed Pulliam, representing the Janesville Mall,
spoke in favor of this resolution.
Councilmember Collins moved to adopt said resolution, subject to
a) the conveyance of a realigned access road, b) require that if
the access road is improved, or when building development is
created adjacent to the access road, at the southeast corner of
the intersection of Holiday Dr. and Milton Ay., that no access
point on the access road shall be located closer than 100 feet
from the Holiday Dr. access road intersection, and that no access
point from this area be permitted onto Holiday Dr. and Milton
Av.; and c) that the Janesville Mall be responsible for
maintenance and snow plowing of the access road, as long as it
exists as part of their parking lot as determined by the city
engineer. The motion was seconded by Councilmember Noll.
Councilmember Stehura stated that the location of the proposed
access road may be in violation of our own zoning code. City
Attorney Klimczyk agreed with Councilmember Stehura's
observation; however, the resolution does not address the
location of the new access road.
Councilmember Stehura moved to postpone action on said resolution
until a map with the new proposed access road is provided to
Council, seconded by Councilmember Pierson and passed
unanimously. (File Resolution No. 91-1353)
3 & 4. Proposed ordinances annexing property located at the
northeast corner of STH 11 and Austin Rd. (Ord. No. 91-737) and
zoning of said property (Ord. No. 91-738) were given their second
reading and public hearing. Charles Roberts, 108 South Harmony,
addressed the Council about sidewalk installation scheduled for
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this property.
Councilmember O'Leary moved to adopt Ordinance No. 91-737,
seconded by Councilmember Brien and adopted unanimously.
Councilmember Pierson moved to adopt Ordinance No. 91-738,
seconded by Councilmember O'Leary and adopted unanimously. (File
Ordinances No. 91-737 & 91-738)
5. A proposed ordinance to permit regulated natural lawns on
residential and commercial properties was given its seconded
reading and public hearing. Cathy Lindaas, 540 Sussex, and
Peggy Cook, 3516 Royal Rd., spoke in favor of the natural lawns.
Councilmember O'Leary moved to adopt said ordinance and was
seconded by Councilmember Noll.
Councilmember Brien moved to amend the motion by allowing new
abutting property owners the right to require a three-foot buffer
strip between their property line and the natural lawn, seconded
by Council President Schneider and passed by the following vote:
Aye: Council President Schneider, Councilmembers Pierson,
Stehura and Brien. Nay: Councilmembers O'Leary, Noll and
Collins.
Councilmember Stehura moved to amend the motion by striking all
language in section 8.56.080 and replace it with the following:
"No owner, possesser or other person exercising dominion or
control over the real property or natural lawn, may not conduct
any prairie burn.", seconded by Councilmember Brien and passed by
the following vote: Aye: Council President Schneider,
Councilmembers Pierson, Stehura, Collins and Brien. Nay:
Councilmembers O'Leary and Noll.
Council voted on the main motion and that failed by the following
vote: Aye: Councilmembers Noll and Brien. Nay: Council
President Schneider, Councilm~mbers Pierson, O'Leary, Stehura and
Collins. (File Ordinance No. 91-739)
6. A proposed resolution releasing a portion of an easement to
Mercy Hospital located north of Mineral Point Av. and west of
River St. was given its public hearing. Don Taylor, representing
Mercy Hospital, appeared to respond to any questions the Council
may have.
Councilmember Stehura moved to adopt said resolution, seconded by
Councilmember O'Leary and passed by the following vote: Aye:
Council President Schneider, Councilmembers Pierson, O'Leary,
Stehura, Collins and Brien. Pass: Councilmember Noll. (File
Resolution No. 91-1380)
7. A proposed revised resolution establishing the 1991 New
Sidewalk Program was given its public hearing. The following
individuals spoke in favor of the installation of sidewalks at
the following location
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NAME ADDRESS LOCATION
Richard Stockwell 436 Bostwick East Milwaukee St.
Allen Skelly 4008 E. Milwaukee East Milwaukee St.
Charles Roberts 108 S. Harmony Holiday Dr.
Charlotte Butters 611 N. Grant N. Crosby Av. & W.Memorial
Donna Nightingale 1223 W. State (PTA) Lapham St. & S. Pine St.
Pat Meehan Principle at Van Lapham St. & S. Pine St.
Buren School
The following individuals opposed the installation of sidewalks
at the following locations:
NAME ADDRESS LOCATION
Ed Pulliam representing
Janesville Mall Holiday Dr. & Liberty Ln.
Larry Woodman 3243 Briar Crest Holiday Dr. & Liberty Ln.
Ron Cramer 2336 Dartmouth N. Crosby & Highland Av.
Dick Schumacher 2211 Highland N. Crosby & Highland Av.
Karl Petter 2301 Highland N. Crosby & Highland Av.
Ron Murray 2205 Highland North Grant Av.
Ken Hessenauer 136 Brakefield Brakefield Dr.
Steve Shaw Fairfax Court Brakefield Dr.
Jean Smith 91 S. Lexington Brakefield Dr.
Earlene Schable 2412 Lombard Av. South Lexington Dr.
Roland Schable 2412 Lombard Av. South Lexington Dr.
Ann Dries 244 Lombard Av. Lombard Av.
Chuck Schiller 1222 S. Pine Lapham St. & S. Pine St.
Duane Harvey 1206 S. Pine Lapham St. & S. Pine St.
Ted Wright 2205 W. Memorial West Memorial Dr.
Larry Holmes 1039 N. Osborne West Memorial Dr.
Donna Holmes 1039 N. Osborne West Memorial Dr.
Alvera Janes 805 N. Harmony West Memorial Dr.
Max Perkins 3613 Randolph Rd. Randolph Rd.
Councilmember Stehura moved to adopt Revised Resolution No. 91-
1376, seconded by Councilmember Collins.
Councilmember Collins moved to eliminate sidewalks on the east
side of N. Crosby Av., from Harvard Dr. to Highland Av., seconded
by Councilmember Pierson and passed by the following vote: Aye:
Council President Schneider, Councilmembers Pierson, Collins and
Brien. Nay: Councilmembers O'Leary, Noll and Stehura.
Councilmember Collins moved to eliminate sidewalks on the south
side of Highland Av., from N. Crosby Av. to N. Grant Av.,
seconded by Councilmember Pierson and passed by the following
vote: Aye: Council President Schneider, Councilmembers Pierson,
Noll, Collins and Brien. Nay: Councilmembers O'Leary and
Stehura.
Councilmember Collins moved to eliminate sidewalks on both sides
of N. Grant Av., from Highland Av. to 230 L.F. south, seconded by
Councilmember Pierson and passed by the following vote: Aye:
Council President Schneider, Councilmembers Pierson, Collins and
Brien. Nay: Councilmembers O'Leary, Noll and Stehura.
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Councilmember Collins moved to eliminate sidewalks on the west
side of Brakefield Dr., from Palmer Dr. to Ruger Av., seconded by
Councilmember Pierson and passed by the following vote: Aye:
Council President Schneider, Councilmembers Pierson, Noll,
Collins and Brien. Nay: Councilmembers O'Leary and Stehura.
Councilmember Collins moved to eliminate sidewalks on the south
side of Lombard Av., from S. Lexington Dr. to Huron Dr., seconded
by Councilmember Stehura and passed unanimously.
Councilmember Collins moved to eliminate sidewalks on the south
side of W. Memorial Dr., from N. Oakhill Av. to N. Marion Av.,
seconded by Councilmember Pierson and passed unanimously.
Councilmember Collins moved to eliminate sidewalks on the north
side of Randolph Rd., from N. Wright Rd. to Meadowlark Dr.,
seconded by Councilmember Noll and passed by the following vote:
Aye: Council President Schneider, Councilmembers Pierson,
O'Leary, Noll and Collins. Nay: Councilmembers Stehura and
Brien.
Councilmember O'Leary moved to eliminate sidewalks on the north
side of Holiday Dr., from Milton Av. to Liberty Lane, seconded by
Councilmember Noll and passed by the following vote: Aye:
Council President Schneider, Councilmembers Pierson, O'Leary,
Noll, Collins and Brien. Nay: Councilmember Stehura.
Councilmember O'Leary moved to eliminate sidewalks on the north
side of Holiday Dr., from Liberty Lane to N. Lexington Dr.,
seconded by Councilmember Noll and passed by the following vote:
Aye: Council President Schneider, Councilmembers Pierson,
O'Leary, Noll, Collins and Brian. Nay: Councilmember Stehura.
Councilmember O'Leary moved to eliminate sidewalks on the west
side of Liberty Lane, from Holiday Dr. to Lexington Dr., seconded
by Councilmember Noll and passed by the following vote: Aye:
Council President Schneider, Councilmembers O'Leary, Noll and
Brien. Nay: Councilmembers Pierson, Stehura and Collins.
Council President Schneider moved to eliminate sidewalks on the
west side of Liberty Lane, from Independence Rd. to 202 L.F.
north and received no second.
Council President Schneider moved to eliminate sidewalks on the
south side of Holiday Dr., from Milton Av. to Liberty Lane and
received no second.
Council President Schneider moved to eliminate sidewalks on the
east side of South Lexington Dr., from Ruger Av. to Eastwood Av.,
seconded by Councilmember Noll and failed by the following vote:
Aye: Council President Schneider, Councilmembers Noll and
Stehura. Nay: Councilmembers Pierson, O'Leary, Collins and
Brien.
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Council then voted on the main motion as amended and it was
adopted unanimously. (File Rev. Resolution No. 91-1376)
8. Council President Schneider stated the review of the City
Services Center plan would be postponed until 28 May 1991.
9. Council President Schneider stated that the review of the
potential acquisition of a 6.4 acre parcel located east of USH 51
and north of Black Bridge Rd. would be postponed until 28 May
1991.
10. A proposed ordinance rezoning property located adjoining and
east of USH 51 north of Black Bridge Rd. from agriculture to
conservancy was postponed until 28 May 1991. (File Ordinance 91-
729)
11. Consideration of a proposal by Arvati, Inc., d/b/a Cronin's
Bar & Hotel concerning the scheduled non-renewal/revocation/
suspension hearing. George Smith, representing Arvati, Inc.,
presented to a voluntary stipulation signed by his client.
Councilmember O'Leary moved to strike all references to gambling
from the voluntary stipulation, and to accept the stipulation
including the voluntary suspension for five consecutive days,
commencing on 28 May 1991, seconded by Councilmember Collins and
passed by the following vote: Aye: Councilmembers O'Leary,
Noll, Collins and Brien. Nay: Council President Schneider,
Councilmembers Pierson and Stehura.
City Manager Sheiffer stated that if Arvati, Inc. did not sign
the stipulation by noon 14 May 1991, that the police chief would
file a complaint with the city clerk and the revocation/suspension/
non-renewal would take place on 20 May 1991.
12. Council President Schneider postponed action on a proposed
ordinance prohibiting the deposit of major appliances, motor oil,
lead-acid batteries and tires in the City landfills, and
establishing recycling collection fees therefore until 28 May
1991. (File Ordinance No. 91-726)
13. Continuation of the discussion on the motion made by
Councilmember Collins and seconded by Councilmember Noll, to
amend the 1991 CDBG budget for expanded police protection from
$30,000 to $15,000. After reviewing the additional information,
Council voted on the motion and it passed by the following vote:
Aye: Councilmembers Pierson, O'Leary, Noll, Collins and Brien.
Nay: Council President Schneider and Councilmember Stehura.
NEW BUSINESS
11 A proposed initial resolution for the issuance of Industrial
Revenue Bonds in the amount of $4.5 million for Monterey Mills,
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Inc., under WI. Stat., Sec. 66.521, as amended, to finance a
project thereunder, and authorizing the publication of notice.
Councilmember Collins moved to adopt said resolution, seconded by
Councilmember Pierson and adopted unanimously. (File Resolution
No. 91-1385)
2. A proposed resolution waiving the requirement for competitive
bidding on a project under WI. Stat. 66.521, as amended, in
connection with the Industrial Revenue Bond financed on behalf of
Monterey Mills.
Councilmember Collins moved to adopt said resolution, seconded by
Councilmember Pierson and adopted unanimously. (File Resolution
No. 91-1386)
3. Action on a motion to deny the liability claim received on
behalf of Margaret K. Schiel in the amount of $12,646.57.
Councilmember Collins moved to deny the liability claim, seconded
by Councilmember O'Leary and passed unanimously.
4. A proposed ordinance amending the zoning code to add, as a
conditional use, land contouring activities in the Agriculture
District was introduced, referred to the Plan Commission and
scheduled for public hearing on 10 June 1991. (File Ordinance
91-744)
5. A proposed ordinance annexing property located north of USH
14 along Kennedy Rd. was introduced and scheduled for public
hearing on 10 June 1991. (File Ordinance No. 91-742)
6. A proposed ordinance establishing the zoning classification
of land located north of USH 14 along Kennedy Road was
introduced, referred to the Plan Commission and scheduled for
public hearing on 10 June 1991. (File Ordinance No. 91-743)
7. A proposed resolution vacating a portion of Hyatt St.
between the Rock River and North Main St. was introduced,
referred to the Plan Commission and scheduled for public hearing
on 24 June 1991. (File Resolution No. 91-1384)
8. Matters not on the agenda. Councilmember Pierson asked if
any Councilmember would join him in co-sponsoring a cat leash
license. No one offered to be a co-sponsor at this time.
Council President Schneider rescheduled the public safety study
session from 15 May 1991 to 20 May 1991.
There being no further business, the meeting adjourned at 12:43
a.m.
These minutes are not official until approved by the City
Council.
Jean Ann Wulf, City Clerk
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