Minutes 02-26-01PROCEEDINGS OF THE CITY COUNCIL
CITY OF JANESVILLE, WISCONSIN
REGULAR MEETING
February 26, 2001
VOL. 51
NO. 29
Regular meeting of the City Council of the City of Janesville held in the
Municipal Building on February 26, 2001.
The meeting was called to order by Council President Murphy at 7:00 p.m.
Councilmember Williams led the Council in the Pledge of Allegiance.
Present: Council President Murphy, Councilmembers Schneider, Williams, Noll
(arrived at 7:08 p.m.) Brien, O'Leary, and DeGarmo.
CONSENT AGENDA
Minutes of the special meeting of February 8, 2001·
Minutes of the regular meeting of February 12, 2001.
Minutes of the closed session of February 12, 2001.
Licenses; and Recommendations of the Alcohol License Advisory Committee.
Action on a motion to approve final Certified Survey Map #0100S-C, 4 lots on
West Court Street.
Waiver of special assessment procedure for storm sewer and street light charges
for Prairie's Edge Estates, Errett Elmer.
Waiver of special assessment procedure for storm sewer and street light charges
for Orchard Nest, Bill Harris.
Councilmember Noll arrived at 7:03 p.m.
Council President Murphy stated that the Consent Agenda would be approved if
there were no objections. There were no objections·
OLD BUSINESS
1. Requests and comments from the public on matters which can be affected
by Council action.
Council President Murphy stated he would be abstaining from action on
Resolution 2001-145, New Business Item 1, due to a conflict. Council Vice-
President Brien stated he would allow public comment when Council took up this
resolution.
2. A proposed revised resolution vacating Devon Drive received its public
hearing. No one appeared for the hearing.
Councilmember Brien moved to adopt said revised resolution subject to the three
conditions outlined in the Planning Department memo dated February 13, 2001,
seconded by Councilmember DeGarmo and passed unanimously. (File Revised Res.
No. 2001-114,
Council President Murphy combined action on items 3-6.
3-6. Proposed ordinances: 1. Creating an O2, Neighborhood C. ffice District
within the hierarchy of the zoning ordinance (Ord. No. 2001-69); 2. Amending
the B1, Neighborhood Convenience District (Ord. No. 2001-70); 3. Amending the
various office and business zone districts of the zoning ordinance to require
that all Large Developments within said districts be developed following the
conditional use procedures and standards (Ord. No. 2001-71); and 4. Amending
and creating various standards regulating the physical development of land
within the various office and business zone districts (Ord. No. 2001-72)
received their second reading.
Council President Murphy opened the combined public hearing. Richard Frank,
1119 Elida Street, asked Council to provide a facility for expelled students.
Council President Murphy continued the public hearing and postponed action to
a future date set by the Administration. (File Ord. Nos. 2001-69, 2001-70,
2001-71, 2001-72)
7. A proposed ordinance rezoning property along the proposed extension of
Lionarch Drive from R1 and RSi. I to RiD received its second reading and public
hearing.
Karl White, 624 Cherry Street, questioned the distance from this development
to the treatment plant and if the treatment plant had sufficient capacity to
handle this development. Frank Bores, 2446 Hazelnut Lane, spoke in favor of
the proposed ordinance. Council President Murphy continued the public hearing
and postponed action to March 12, 2001. (File Ord. No. 2001-78)
NEW BUSINESS
Councilmember DeGarmo stated he would be abstaining from action on Resolution
2001-145 due to a conflict. Council President Murphy and Councilmember DeGarmo
left the Council table. Council Vice-President Brien assumed the chair.
1. A proposed resolution approving a purchase and sale agreement and
authorizing the sale of 0.8 acre City-owned property located in the tOO and 200
blocks of North Parker Drive to Midland Development LLC for $95,800.
The public hearing was opened. John Westphal, tOOt Thornecrest Drive, spoke in
support of the proposed resolution. Speaking in opposition to the proposed
resolution were: Judy Lauer, 2218 South Pine Street; Jim Lankford, 620 South
Academy Street; Ann Ioebaas, 201 East Milwaukee Street; Dave Johnson, 1104 Glen
Street; Bob Kimball, 510 Greendale Drive; Dale Shumway, S820 Beacon Hill Drive;
Don Sheldon, owner of Don's Barber Shop, t0 North Parker Drive; Lisa Schalke,
201 E. Milwaukee Street; and 1.Iartha Shoppard, 21 North Main Street. 1.Is. Ioebaas
submitted a petition in opposition to the proposed resolution. Karl ~hite, 624
Cherry Street asked Council to consider the property behind the transit center
as an alternate site. Richard Frank, 1119 Elida Street, asked if parking could
be added under the proposed building. The public hearing was closed.
Councilmember Noll moved to postpone action for 48 hours in order to negotiate
with 1.IaI Bank on an adjoining parcel and to reconvene Council on February 28,
2001. Motion died for lack of second.
Councilmember O'Leary moved to deny said resolution, seconded by Councilmember
Noll and passed with the following vote: Aye: Councilmembers Schneider,
Williams, Noll, Brien, and O'Leary. Abstain: Council President Murphy and
Councilmember DeGarmo. (File Res. No. 2001-145)
Council President Murphy and Councilmember DeGarmo returned to the Council
table.
2. Recommendations of the Plan Commission: A proposed resolution approving
the final plat of Prairie's Edge Estates (Res. No. 2001-155) and a proposed
resolution approving the final plat of Orchard Neat Subdivision. (Res. No.
2001-154)
Councilmember )'Leary moved to adopt said resolutions subject to the conditions
outlined in Planning Department's memos dated Pebruary iS a 20, 2001, seconded
by Councilmember Noll and passed unanimously. (File Res. Nos. 2001-155 & 2001-
134)
S. Motion to approve a street name change from Acorn Drive to Monarch Drive.
Councilmember Schneider moved to approve said street name change, seconded by
Councilmember Noll and passed unanimously.
Council President Murphy combined action on items
4-5. Proposed resolutions authorizing a sale of land to the Department of
Transportation to accommodate the State Highway 11 Bypass (Res. No. 2001-148)
and Conveying land located west of Afton Road and south of Highway 11 Bypass,
from the State of Wisconsin to the City of Janesville. (Res. No. 2001-141)
Councilmember O'Leary moved to adopt said resolutions, seconded by
Councilmember DeGarmo and passed unanimously. (File Res. Nos. 2001-141, 2001-
143)
6. A proposed resolution authorizing a 2000 Budget amendment to provide
funds for the Division of Public Works.
Councilmember Noll moved to adopt said resolution, seconded by Councilmember
Nilliams and passed unanimously. (File Res. No. 2001-144)
7. A proposed resolution approving Amendment No. 1 to an Option Agreement
between the City of Janesville and Wisconsin Lift Truck Corp. extending an
Option to Purchase a 5.0 acre industrial site in TIF No. 14 , Leach Farm, until
April S0, 2002.
Councilmember O'Leary moved to adopt said resolution, seconded by Councilmember
Brien and passed unanimously. (File Res. No. 2001-142)
8. A proposed resolution acknowledging the City Council's review of the 2000
Compliance Maintenance Annual Report of the Wastewater Treatment Plant.
Councilmember O'Leary moved to adopt said resolution, seconded by Councilmember
Brien and passed unanimously. (File Res. No. 2001-159)
9. A proposed resolution authorizing the City Manager to enter into a long-
term contract with Nieuwenhuis Eros., Inc. for the disposal of waste at the
Rock County City of Janesville Sanitary Landfill.
Council President Murphy moved to adopt said resolution, seconded by
Councilmember DeGarmo and passed unanimously. (File Res. No. 2001-140)
10. A proposed ordinance rezoning property located southeast of Monarch Drive
from R1 and RSi. I to RiD was introduced and scheduled for public hearing on March
12, 2001. (File Ord. No. 2001-75)
11. Matters not on the Agenda.
12. Study Session - Review of TIF Policies.
Council President Murphy postponed the study session.
iS. Closed session.
Councilmember Williams moved to convene into closed session pursuant to
Wisconsin 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, and 19.85 (1) (c), for the purpose
of considering employment, promotion, compensation or performance evaluation
data of any public employee over which the governmental body has jurisdiction
or exercises responsibility, seconded by Councilmember Schneider and passed
unanimously.
There being no further business, Council convened into closed session at 9:25
p.m.
These minutes are not official until approved by City Council.
Timothy L. Kitzman
Deputy Clerk-Treasurer