08-24-92PROCEEDINGS OF THE CITY COUNCIL
CITY OF JANESVILLE, WISCONSIN
REGULAR MEETING
24 August 1992
VOL. 43
NO. 11
APPROVED 9-10-92
Regular meeting of the City Council of the City of Janesville, held
in the Municipal Building, 24 August 1992.
The meeting was called to order by Council President Brien.
Present: Council President Brien, Councilmembers Heitzman, O'Leary,
Noll, Stehura, Schneider, and Thomas.
Councilmember Thomas led the Council in the Pledge of Allegiance.
CONSENT AGENDA
Council President Brien stated that the application of Timothy
Arthur for an original taxi cab drivers license would be removed
from the consent agenda and considered separately.
Minutes of the regular meeting held 10 August 1992.
Minutes of the study session held 17 August 1992.
Licenses; and recommendations of the Alcohol License Advisory
Committee.
Financial statement for the month of July 1992.
Council President Brien stated that if there were no objections,
the consent agenda would be approved. There were no objections.
Councilmember Stehura moved to deny a taxi cab drivers license to
Timothy Arthur, seconded by Councilmember Noll 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 reason-
able times.)
OLD BUSINESS
1. Requests and comments from the public on matters which can be
affected by Council action.
The following individuals addressed Council to denounce the KKK
activities occurring in the Fourth Ward: Ilah Hartung, 121 South
Academy Street, David Feingold, 442 South Garfield Avenue, James
Farley, Franksville, Wisconsin, Scott Phelps, 1209 Cherry Street,
Allan Teal, 1126 Cherry Street, Sherry Trappe, 333 Cherry Street,
Mary Mc Intyre, 12 South Academy Street, and Lois Farley,
Franksville, Wisconsin. Gary Utterberg, 1029 North Pine Street,
spoke in opposition to the contract between the City and the School
District for Wilson School/Fourth Ward Social Services Program.
2. A proposed resolution approving Public Works Program #3-1992
received its public hearing.
David Schmidtke, 2819 South River Road, posed several questions
regarding assessments as his property is not in the City. Kathy
Runaas, 1916 South Crosby Avenue, questioned her water and sewer
assessment on Anthony Avenue. Walter Marshall, 2617 King Street,
asked for the completion date of construction on Anthony Avenue.
Scott Brady, 2839 South River Road, questioned annexation
procedures as his property is outside the City. Michael Deems, 2127
South River Road, asked if the dead sewer currently in place would
be used.
Councilmember Schneider moved to adopt said resolution, seconded by
Councilmember Thomas and passed unanimously. (File Resolution No.
92-1543)
3. Award of Contracts
Councilmember Noll moved to award contract P. Sewer & Water in the
amount of $669,397.70 and Q. Demolition Landfill Closure in the
amount of $215,465.20 as recommended, seconded by Councilmember
Schneider and passed unanimously.
4. A proposed resolution authorizing the release and acquisition of
a utility easement on Sentinel Drive south of Bordeaux Drive.
Councilmember O'Leary moved to adopt said resolution, seconded by
Councilmember Noll and passed unanimously. (File Resolution No. 92-
1541)
5. A proposed ordinance annexing property located west of USH 14
and south of East Milwaukee Street received its public hearing.
No one appeared.
Councilmember Schneider moved to adopt said ordinance, seconded by
Councilmember Noll and passed unanimously. (File Ordinance No. 92-
790)
6. A proposed ordinance establishing the zoning classification of
property located west of USH 14 and south of East Milwaukee Street
received its public hearing. No one appeared.
Councilmember O'Leary moved to adopt said ordinance, seconded by
Councilmember Noll and passed unanimously. (File Ordinance No. 92-
791)
7. A proposed resolution vacating portions of West Wall Street and
portions of alleys between High Street and Centerway received its
public hearing. No one appeared. Council President Brien continued
the public hearing and postponed action to the 10 September 1992
meeting. (File Resolution No. 92-1525)
8. A proposed ordinance amending the zoning ordinance to allow
Community Living Arrangements as a conditional use within the B5
District received its public hearing. Michael Thorpe, agent for
Historic Housing for Seniors, Berkeley, California spoke in favor
and answered questions from Council.
Councilmember O'Leary moved to adopt said ordinance, seconded by
Councilmember Heitzman and passed unanimously. (File Ordinance No.
92-792)
9. A request for a variance of a distance requirement to establish
a Community Living Arrangement at 5 South High Street received its
public hearing. No one appeared.
Councilmember O'Leary moved to approve said variance, seconded by
Councilmember Heitzman and passed unanimously.
10. A proposed resolution releasing a portion of an easement to
Riverview Clinic located east of North Washington Street and south
of North River Street.
Councilmember Schneider moved to adopt said resolution, subject to
Riverview Clinic paying all costs associated with the relocation of
the existing water main, seconded by Councilmember O'Leary and
passed with the following vote: Aye: Council President Brien,
Councilmembers Heitzman, O'Leary, Stehura, Schneider and Thomas.
Pass: Councilmember Noll. (File Resolution No. 92-1539)
11. A proposed ordinance increasing the fees charged for appliance
recycling at the landfill received its public hearing. No one
appeared.
Councilmember Noll moved to adopt said ordinance, seconded by
Councilmember Heitzman and passed unanimously. (File Ordinance No.
92-797)
12. A proposed ordinance increasing the fees charged for the
deposit of wastes originating outside the City at the landfill
received its public hearing. No one appeared.
Councilmember Heitzman moved to adopt said ordinance, seconded by
Councilmember Noll and passed unanimously. (File Ordinance No. 92-
798)
13. A proposed ordinance implementing a fee surcharge on waste
originating outside the City in order to recover Superfund clean-up
costs at the landfill received its public hearing. No one appeared.
Councilmember Noll moved to adopt said ordinance, seconded by
Councilmember Heitzman and passed unanimously. (File Ordinance No.
92-799)
NEW BUSINESS
1. An agreement for professional services between the City and the
School District for the Wilson School/Fourth Ward Social Services
Program.
Councilmember Stehura moved to approve said agreement, seconded by
Councilmember Schneider. Councilmember Noll moved to amend to a two
year contract, seconded by Councilmember Heitzman. Councilmember
Heitzman withdrew her second. The amendment died for lack of
second. Council then voted on the motion which passed with the
following vote: Aye: Council President Brien, Councilmembers
Heitzman, O'Leary, Schneider and Thomas. Nay: Councilmembers Noll
and Stehura.
2. A proposed resolution revising the FY 1992 Community Development
Block Grant Program submission.
Councilmember Heitzman moved to adopt said resolution, seconded by
Councilmember Schneider and passed unanimously. (File Resolution
No. 92-1542)
3. A proposed resolution authorizing the Administration to apply
for grant funds for the City's 1993 recycling program.
Councilmember Schneider moved to adopt said resolution, seconded by
Councilmember Thomas and passed unanimously. (File Resolution No.
92-1544)
4. A proposed resolution authorizing a supplemental appropriation
to provide additional funds for the recycling budget.
Councilmember Heitzman moved to re-establish the metal recycling as
it is currently run, seconded byCouncilmember Schneider and passed
unanimously. No action was taken on File Resolution No. 92-1545.
5. A proposed ordinance permitting the Council President to
reschedule a regular Council meeting to a different date in the
event that the Council Chamber is being used for election purposes,
commence regular Council meetings at 7:00 p.m., and consider
liability claims and certified survey maps as part of the consent
agenda was introduced and scheduled for public hearing on 10
September 1992. Councilmember Stehura asked the Administration to
prepare a revised ordinance that would provide for first time
requests for financial gain events to appear on the Council consent
agenda, and thereafter the Leisure Services Director would approve
them. (File Ordinance No. 92-801)
Councilmember Thomas left the meeting at 10:33 p.m.
6. A proposed revised ordinance establishing a park closing hour of
9:00 p.m. for Rotary Gardens and a portion of Palmer Park was
introduced and scheduled for public hearing on 10 September 1992.
(File Revised Ordinance No. 92-800)
7. Matters not on the agenda.
Councilmember Noll asked the Administration to check street
construction on North Oakhill Drive, and a dip in the road at River
and Racine Streets.
Councilmember Heitzman asked that in the future contracts be
forwarded first to Council for review before being submitted to
other agencies.
8. Consideration of a motion to convene in closed session.
Councilmember Schneider moved, seconded by Councilmember O'Leary,
to convene into closed session pursuant to Wisconsin Statue
19.85(1) (e), for the purpose of deliberating or negotiating the
potential purchase and/or sale of public properties, the investing
of public funds, or conducting other specified public business,
whenever competitive or bargaining reasons require a closed session
and passed with the following vote: Aye: Council President Brien,
Councilmembers Heitzman, O'Leary, Noll, Stehura, and Schneider.
Absent: Councilmember Thomas.
There being no further business, the meeting adjourned into closed
session at 10:46 p.m.
These minutes are not official until approved by the City Council.
Timothy L. Kitzman
Deputy City Clerk