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Minutes 08-26-02.docPROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING August 26, 2002 Approved: September 9, 2002 VOL. 53 NO. 11 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on August 26, 2002. The meeting was called to order by Council President DeGarmo at 7:00 p.m. Councilmember Brien led the Council in the Pledge of Allegiance. Present: Council President DeGarmo, Councilmembers Steeber, Murphy, Damron, Williams, Brien and O'Leary (arrived at 7:18 p.m.) CONSENT AGENDA Minutes of the regular meeting of August 12, 2002. Minutes of the closed session of August 12, 2002. Minutes of the special meeting of August 20, 2002. Licenses; and Recommendations of the Alcohol License Advisory Committee. Financial statement for the month of July, 2002. Waiver of special assessment procedure for storm sewer, sidewalk and street light charges for Quail Ridge, Rock Valley Builders. Recommendation of the Plan Commission: A proposed resolution approving the final plat of Quail Ridge. (File Res. No. 2002-284) OLD BUSINESS 1. Requests and comments from the public on matters which can be affected by Council action. Speaking in opposition to hunting geese in the parks were: Carol Roehl, 1251 East Memorial Drive; Eddie Bellrichard, 320 South Academy Street; Mary Ann Sveum, Beloit; Cynthia Lott, Madison; and Ty Bollerud, 424 South Pearl Street. Speaking in support was Richard Frank, 1119 Elida Street. Jan Herbert, Rockford Park District, offered her assistance with goose management in the parks. Councilmember O'Leary arrived at 7:18 p.m. 2. A proposed ordinance prohibiting the feeding of ducks and geese on public property in the City of Janesville received its second reading and public hearing. No one appeared for the hearing. Councilmember Brien moved to adopt said ordinance, seconded by Councilmember Steeber and passed unanimously. (File Ord. No. 2002-137) 3. A proposed ordinance rezoning property located at 1121 Center Avenue from O1 to B3 received its second reading and public hearing. Attorney Fred Wesner, representing the owner, spoke in favor of the proposed ordinance. The hearing was closed. Councilmember Murphy moved to adopt said ordinance, seconded by Councilmember Steeber and passed unanimously. (File Ord. No. 2002-146) 4. A proposed ordinance prohibiting excessive noise by the use of dynamic (engine) braking devices received its second reading and public hearing. Jack Taaffe, 1202 West Delavan Drive spoke in opposition to the proposed ordinance. Peg Kures, 507 South Parker Drive, spoke in favor of the proposed ordinance. The hearing was closed. Councilmember Brien stated for the record that he had requested a similar ordinance in the past. Councilmember Murphy moved to adopt said ordinance, seconded by Councilmember Brien and passed unanimously. (File Ord. No. 2002-150) 5. A proposed ordinance prohibiting smoking in restaurants received its second reading and public hearing. Speaking in favor of the proposed ordinance were: Mallow Gill, 2346 Yew Court, Beloit; Travis Mayfield, 930 Cleveland, Beloit; Annette Baker, 509 North Wuthering Hills Drive; Mark Little, 1316 Burbank Avenue; Kim Coyne, 1708 King Street; Ty Bollerud, 424 South Pearl Street; Karen Wilson, 218 South Wisconsin Street; Dr. Jane Anderson, 711 East Milwaukee Street; David Ahrens, UW Cancer Center, Madison; Dr. Judy Ziegler, 3441 West Forrest Lane; Helen Krause, Rock County Public Health Officer; Richard Frank, 1119 Elida Street; Dr. Robert Cook, 1008 Thornecrest Drive; Darrell Fox, 2807 Carrousel Lane; Adam Green, 6252 Lockwood Drive; Ally Yacher, 1003 Centerway; Rachel Beecher, 4254 Prairie Fox Drive; Jennifer Singer, 1328 Morningside Drive; Adam Enerson, 5571 North Partridge Hollow Drive; Julie Pulley, 1708 King Street; Gene Wagner, 2501 Hyacinth Avenue; Jim Hack, 1109 Laurie Drive, Fort Atkinson; Shannon Davis; Debbie Vorass, 2067 Colony Court, Beloit; Sheerson Garrigan, 5168 Chaney Drive; and Dick Baker, 509 North Wuthering Hills Drive. Speaking in opposition were: Tom Johnson, 2500 Milton Avenue; Kelly O'Brien, 2309 Kellogg Avenue; Jim Henderson, 1605 Morningside Drive; Sharon Hoskins, 1523 South Chatham Street; Jerry Lynch, 1003 North Osborne Avenue; Steve Vivian, 625 Roosevelt Avenue; Kip Hoskins, 1523 South Chatham Street; Bill Westphal, 102 Sinclair Street; Dan Natter, 52 South Lexington Drive; Jon Sanborn, 3433 Curry Lane; Jack Taaffe, 1202 West Delavan Drive; Dick Anderson, 3807 Pintail Drive; Amy Johnson, 2500 Milton Avenue; Bill Tubin, 424 Johnson Street; Charles Pope, Milton; Bruce Monson, 602 East Milwaukee Street; John Roherty, 144 Jefferson Street; Tom Widner, 3320 Westminster Road; Edmund Halabi; 2119 Morningside Drive; Pat Newlin, 606 East Court Street; and Brian Cherry, 609 Caroline Drive. John Decker, representing Forward Janesville, asked Council to form a task force to examine the ordinance. Councilmember Murphy moved to deny said ordinance, seconded by Councilmember Damron and failed on the following vote: Aye: Councilmembers Murphy, Damron and DeGarmo. Nay: Councilmembers Steeber, Williams, Brien and O'Leary. Councilmember O'Leary moved to adopt said ordinance and postpone action for 60 days, seconded by Councilmember Steeber. The motion was withdrawn. Councilmember O'Leary moved to adopt said ordinance with an effective date of February 14, 2003, seconded by Councilmember Steeber. The motion passed with the following vote: Aye: Councilmembers Steeber, Murphy, Williams, Brien and O'Leary. Nay: Councilmembers Damron and DeGarmo. (File Ord. No. 2002-147) NEW BUSINESS 1. Recommendations of the Transportation Committee: A. A proposed ordinance adding East Memorial Drive and North Randall Avenue to the list of all-way stop intersections was introduced and scheduled for public hearing on September 9, 2002. (File Ord. No. 2002-152) B. A proposed ordinance amending the list of designated streets that have speed limits of 30 miles per hour and 35 miles per hour (West Rotamer Road from Whitney Street to the north City limit) was introduced and scheduled for public hearing on September 9, 2002. (File Ord. No. 2002-153) C. A proposed ordinance amending the list of designated streets that have speed limits of 35 miles per hour and 40 miles per hour (Austin Road from West Court Street to Mineral Point Road) was introduced and scheduled for public hearing on September 9, 2002. (File Ord. No. 2002-154) 2. Matters not on the Agenda. There were none. There being no further business, Council adjourned at 11:18 p.m. These minutes are not official until approved by City Council. Timothy L. Kitzman Deputy Clerk-Treasurer