Minutes 12-09-02.docPROCEEDINGS OF THE CITY COUNCIL
CITY OF JANESVILLE, WISCONSIN
REGULAR MEETING
December 9, 2002
Approved: December 23, 2002
VOL. 53
NO. 21
Regular meeting of the City Council of the City of Janesville held in the Municipal Building on December 9,
2002.
The meeting was called to order by Council President DeGarmo at 7:00 p.m. CouncilmemberWilliams led
the Council in the Pledge of Allegiance.
Present: Council President DeGarmo, Councilmembers Steeber, Murphy, Damron, Williams, Brien and
O'Leary.
CONSENT AGENDA
Minutes of the regular meeting of November 25, 2002.
Minutes of the closed session of November 25, 2002.
Minutes of the special meeting of November 27, 2002.
Licenses; and Recommendations of the Alcohol License Advisory Committee.
Authorization for the administration to deny a liability claim for Mavis Brecklin in the amount of $5,648.52.
Council President DeGarmo stated that the Consent Agenda would be approved if there were no
objections. There were none.
Action on a proposed resolution recognizing En Route Music, Inc. as a Janesville Good Citizen.
Councilmember Brien moved to adopt said resolution, seconded by Councilmember Steeber and it passed
unanimously. (File Res. No. 2002-306)
Bill Boyd, representing the Janesville Conservation Club, presented Council President DeGarmo with a
$2,000.00 check to be used for improvements at North Traxler Park.
OLD BUSINESS
Council President DeGarmo stated that action on the renaming of the Memorial Bridge would be
postponed until there is consensus between the service groups and Council.
1. Requests and comments from the public on matters which can be affected by Council action. Alfred
Lembrich, 541 Miller Avenue, opposed the renaming of the Memorial Bridge to the Bellrichard Bridge.
Charles Knipp, 2410 Greenwood Drive, suggested the Administration postpone their reorganization of the
Assessor's Department until the Department of Revenue renders their ruling on the 2002 assessments and
offered his assistance in developing a plan for the department. Nancy Hanson-Bennett, 915 North Garfield
Avenue, stated the Assessor's office was extremely fair and professional in explaining her assessment.
11. Council President DeGarmo stated that the Council would take out of order the report by Janesville
Downtown Development Alliance (JDDA). Terry Campbell, representing JDDA, explained the Alliance's
2002 accomplishments and the 2003 proposed activities. He thanked Councilmembers Steeber and
Williams for serving on their task force.
2.-7. Council President DeGarmo combined the second readings and public hearings on the following
ordinances:
· 2002-160 - A proposed ordinance amending the City's No Smoking ordinance to extend the hardship
exemption to all restaurants regardless of seating capacity.
· 2002-161 - A proposed ordinance amending the City's No Smoking ordinance to remove the Police
Department and the Health Department as enforcement agencies.
· 2002-162 - A proposed ordinance amending the City's No Smoking ordinance to permit sliding glass
service windows between smoking and no smoking rooms.
· 2002-163 - A proposed ordinance amending the City's No Smoking ordinance to permit non-CPA
verification of alcohol sales in the second and subsequent years.
· 2002-164 - A proposed ordinance amending the City's No Smoking ordinance to exempt bowling
centers from the City's ordinance.
· 2002-165 - A proposed ordinance amending the City's No Smoking ordinance to exempt restaurants
whose sale of alcohol beverages accounts for 35% or more of the establishment's total gross receipts
for the most recent calendar year.
Gregory Addie, 2708 Omaha Drive, suggested the Council repeal the no-smoking ordinance for six months
and require restaurants to install air purifiers. Ty Bollerud, 424 South Pearl Street, stated federal grant
money should be given to restaurants to filter the air. Tom Johnson, representing Diamond Dave's,
supported the ordinance amendments. Gerald Lynch, representing My Apartment, supported Ord. No.
2002-165. Jim Gunderson, 1605 Morningside Drive, opposed the smoking ordinance. Annette Baker, 509
North Wuthering Hills Drive; Robert Hart, 3031 South Oakhill Road; Scott Schable, 314 Forest Park
Boulevard; Duke Siefried, 509 North Wuthering Hills Drive; Debbie DeVouss, representing Rock County
Tobacco Free Kids; Brian Murray, representing Breathe-Free Janesville; Karen Wilson, 218 S. Wisconsin
Street; Nancy Hanson-Bennett, 915 North Garfield Avenue; and Sharon Marklein, representing Tobacco
Control, supported the existing smoking ordinance and opposed the proposed amendments.
Theresa Barrette, 521 North Ringold Street, supported Ordinance No. 2002-160, but opposed Ordinance
Nos. 2002-161-165. Bruce Monson, 602 East Milwaukee Street, stated ordinance 2002-165 should
address 50% of food sales and not 50% of alcohol sales. Sharon Haskins, owner of the Wedge Inn,
opposed the existing smoking ordinance. John Roherty, owner of Roherty's Restaurant, supported
ordinance 2002-165 and suggested ordinance 2002-162 be amended to allow non-glass material for the
service window. Richard Anderson, 3807 Pintail Drive, opposed the smoking ordinance and stated the City
is taking away individuals' rights.
Councilmember O'Leary moved to adopt ordinances 2002-160 - 2002-163, seconded by Councilmember
Steeber. Councilmember Murphy offered a friendly amendment to ordinance 2002-162 to allow a
transparent material approved by Building Services for the window instead of glass. The makers of the
motion accepted the friendly amendment. Council then voted on the amended motion and it passed
unanimously.
Councilmember O'Leary moved to deny ordinance 2002-165, seconded by Councilmember Steeber and it
passed by the following vote. Aye: Councilmembers DeGarmo, Steeber, Damron, Williams, Brien, and
O'Leary. Nay: CouncilmemberMurphy.
Councilmember Steeber moved to adopt ordinance 2002-164, seconded by Councilmember Murphy and it
passed by the following vote. Aye: Councilmembers Steeber, Murphy, Damron and DeGarmo. Nay:
Williams, Brien and O'Leary. (Ord. Nos. 2002-160-165)
8. A proposed ordinance to establish an Economic Development Grant Program for Reserve Class B initial
license fees was given its second reading and public hearing. Bruce Monson, 602 East Milwaukee Street,
stated he felt the City was moving too fast on this issue and suggested the ordinance be postponed.
Councilmember Steeber moved to adopt said ordinance, seconded by Councilmember
Williams and it passed by the following vote. Aye: Councilmembers Steeber, Damron, Williams,
DeGarmo, Brien, and O'Leary. Nay: Councilmember Murphy. (File Ord. No. 2002-159)
9. A proposed ordinance increasing the speed limit on Whitney Street, from Kettering Street to Pheasant
Run/W. Rotamer Road was given its second reading and public hearing. Councilmember Steeber moved
to adopt said ordinance, seconded by Councilmember Brien and it passed unanimously. (File Ord. No.
2002-166)
Councilmember O'Leary moved to approve the rest of the agenda, seconded by Councilmember Steeber
and it passed unanimously. The following agenda items were adopted:
10. Contract T for the Wastewater treatment plant service building rehabilitation was awarded to Mclntyre
Construction in the amount of $191,500.
NEW BUSINESS
Recommendation of the Plan Commission:
A) A proposed resolution authorizing the City to obtain and accept an easement from Union Pacific
for the Kiwanis Trail was adopted. (File Res. No. 2002-314)
B) A proposed resolution approving the release of a portion of a sanitary sewer easement in
Clearview Court in the Hickory Meadows PUD was adopted. (File Res. No. 2002-323)
2. A proposed resolution authorizing the re-naming of Veterans Memorial Bridge to the "Bellrichard Bridge"
was postponed at the beginning of the meeting. (File Res. No. 2002-307)
3. A proposed resolution authorizing a Project Agreement with the Wisconsin Dept. of Transportation for
the construction of the Rock River parkway and Loch Lomond bicycle/pedestrian trails was adopted. (File
Res. No. 2002-312)
4. A proposed resolution establishing the Relocation Order (amended) for the right-of-way of the Janesville
Transportation Improvement Project was adopted. (File Res. No. 2002-324)
5. A proposed resolution authorizing the City Manager to make an application to the County for an
exemption from the Library Tax Levy was adopted. (File Res. No. 2002-322)
6. A proposed ordinance amending the Sign Code to add electronic message signs as a permissible sign
to Sign District C was introduced, referred to Plan Commission and scheduled for public hearing on
January 13, 2003. (File Ord. No. 2002-168)
7. Matters not on the Agenda. Councilmember Brien requested the Administration review the signage for
the Memorial Bridge. Councilmember O'Leary requested information on the parking issues at 825 East
Milwaukee Street.
8. Councilmember Williams moved to convene into closed session pursuant to Wisconsin State Statute
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. Councilmember Steeber seconded the motion and it passed
unanimously.
There being no further business, Council convened into closed session at 9:26 p.m.
These minutes are not official until approved by City Council.
Jean Ann Wulf
City Clerk-Treasurer