09-10-92PROCEEDINGS OF THE CITY COUNCIL
CITY OF JANESVILLE, WISCONSIN
SPECIAL MEETING
10 September 1992
APPROVED 10-5-92
Vol. 43
No. 13
Special meeting of the City Council of the City of Janesville,
held in the Municipal Building, 10 September 1992.
The meeting was called to order by Council President Brien.
Present: Council President Brien and Councilmember Heitzman,
O'Leary, Noll, Stehura, Schneider and Thomas.
Councilmember Stehura led the Council in the Pledge of Allegiance.
CONSENT AGENDA
Council President Brien stated that the license applications for
Gerald Rowe, Christopher Gaffney and Jamal Museitif would be
removed from the consent agenda and considered separately.
Minutes of the regular meeting held 24 August 1992.
Minutes of the closed session held 24 August 1992.
Licenses: and recommendations of the Alcohol License Advisory
Committee.
Council President Brien stated that if there were no objections,
the consent agenda would be approved. There were no objections.
Councilmember Noll moved to approve Mr. Rowe's transfer of his
Class A Liquor License from 203 South Main Street to 1618 East
Racine Street, seconded by Councilmember Stehura and passed
unanimously.
Council President Brien stated for the record that Christopher
Gaffney and Jamal Museitif did not appear before the Council.
Councilmember O'Leary moved to deny an operator's license to
Christopher Gaffney, seconded by Councilmember Noll and passed
unanimously.
Councilmember O'Leary moved to deny a Class A Liquor License to
Jamal Museitif, seconded by Councilmember Heitzman and passed by
the following vote: Aye: Council President Brien, Councilmembers
Heitzman, O'Leary, Noll, Stehura and Thomas. Pass: Councilmember
Schneider.
(Ail 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. Requests and comments from the public on matters which can be
affected by Council action. There were none.
2. Public hearing on the cable television franchise renewal with
Crown Cable, Inc.
Mike O'Brien, president of the UAW Local 95; Laura Day, 3024 North
Oakhill Av., and the Rock County Viet Nam Veterans Organization
requested that a public access channel be included in the franchise
agreement with Crown Cable and be available for use as soon as
possible.
Vernon Hicks, 2112 East Milwaukee, stated his opposition to the
high cable rates charged to users.
Councilmember Schneider moved to authorize the City administration
to enter into negotiations with the cable operator for the purposes
of a new franchise agreement, seconded by Councilmember Noll and
passed unanimously.
By mutual consent, the Council requested the administration to
negotiate the following term into the franchise agreement:
A public access channel with specific language addressing when
it will be available.
Councilmember Heitzman requested the administration to prepare a
survey comparing franchise fees received by other cities.
3. A proposed ordinance establishing a park closing hour of 9:00
p.m. for Rotary Gardens and a portion of Palmer Park was given its
second reading and public hearing.
Jane Crisler, 2204 Hillcrest Drive; Dr. Robert Yahr, representing
the Rotary, and Joyce Tucker, 2129 Hillcrest Drive, stated their
support for this ordinance.
Councilmember Schneider moved to substitute Revised Ordinance 92-
800, that was included in the Councilmembers' agenda packet with
the new Revised Ordinance 92-800, that was distributed on their
desks, seconded by Councilmember Noll and passed by the following
vote: Aye: Council President Brien, Councilmembers O'Leary, Noll,
Stehura, Schneider and Thomas. Pass: Councilmember Heitzman.
2
Stehura, Schneider and Thomas. Pass: Councilmember Heitzman.
Councilmember Schneider moved to adopt the substituted Revised
Ordinance 92-800, seconded by Councilmember Noll and passed by the
following vote: Aye: Council President Brien, Councilmembers
O'Leary, Noll, Stehura, Schneider and Thomas. Pass: Councilmember
Heitzman. (File Revised Ordinance No. 92-800)
4. A proposed ordinance rezoning property located 202 Sinclair St.
from R1 with Historic Overlay to R1, was given its second reading
and public hearing.
Mary and Andy McGrath, 202 Sinclair St., spoke in favor of this
ordinance.
The following individuals opposed this ordinance: Judy Berg, Vice
Chairman of the Historic Commission; Jackie Wood, 119 South
Wisconsin; Richard Hartung, 121 South Academy St.; Mike Sciezinski,
118 South Atwood, and Chuck Rydberg, 703 East Court St.
Councilmember O'Leary moved to deny the rezoning of this property,
seconded by Councilmember Heitzman and passed by the following
vote: Aye: Council President Brien, Councilmembers Heitzman,
O'Leary, Noll, Stehura. Nay: Councilmembers Schneider and Thomas.
5. A proposed resolution vacating portions of West Wall St. and
portions of alleys between High St. and Centerway was continued to
a future date, to be determined by the City Manager. (File
Resolution 92-1525)
6. A proposed ordinance annexing property located north USH 14 and
east of Newville Road was given its second reading and public
hearing. No one appeared for the public hearing.
Councilmember Noll moved to adopt said ordinance, seconded by
Councilmember Stehura and passed unanimously. (File Ordinance No.
92-793)
7. A proposed ordinance establishing the zoning classification of
land located north of USH 14 and east of Newville Road, was given
its second reading and public hearing. No one appeared for the
public hearing.
Councilmember Schneider moved to adopt said ordinance, seconded by
Councilmember Noll and passed unanimously. (File Ordinance No. 92-
794)
8. Action on a final Certified Survey Map 92032-T, one lot located
along Newville Road.
Councilmember Schneider moved to adopt CSM 92032-T, seconded by
Councilmember O'Leary and passed unanimously. (File CSM 92032-T)
9. A proposed ordinance rezoning property located at 714 North
Washington St. from R3 to O1 was given its second reading and
public hearing. No one appeared for the public hearing.
Councilmember Schneider moved to adopt said ordinance, seconded by
Councilmember O'Leary and passed by the following vote: Aye:
Council President Brien, Councilmembers Heitzman, O'Leary, Stehura
and Schneider. Pass: Councilmembers Noll and Thomas. (File
Ordinance No. 92-795)
10. 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 meeting at 7:00 p.m., consider liability
claims and certified survey maps as part of the consent agenda, and
giving the Director of Leisure Services authority to approve
financial gain permits, once a permit for an event has been
approved by the City Council, its second reading and public
hearing. No one appeared for the public hearing.
Councilmember Schneider moved to adopt Revised Ordinance 92-801,
seconded by Councilmember Noll and passed unanimously. The
ordinance will take effect for 5 October 1992 Council meeting.
(File Revised Ordinance No. 92-801)
11. Award of contract for the River Street Pumping Station roof.
Councilmember Noll moved to award the contract to Gilbank
Construction, Inc. in the amount of $93,350.00, seconded by
Councilmember O'Leary and passed unanimously.
NEW BUSINESS
1. Recommendations of the Plan Commission. A) Action on a motion
to approve Final Certified Survey Map 92037-C, two lots located on
Palmer Drive east of 1-90.
Councilmember Stehura moved to adopt CSM 92037-C, including
$4,154.37 in special assessments for sidewalk construction,
seconded by Councilmember Schneider and passed unanimously.
B) A proposed resolution approving the final plat of The Knolls of
Wuthering Hills.
Councilmember Schneider moved to adopt said resolution, including
$1,700.00 for monies in-lieu-of parkland dedication; $5,615.08 for
special assessments for sidewalks, seconded by Councilmember Noll
and passed unanimously. (File Resolution No. 92-1546)
C) A proposed resolution approving the final plat of Court Street
Plaza. Council President Brien postponed action on this resolution
until 21 September 1992. (File Resolution No. 92-1548)
2. City Manager Sheiffer reviewed the plans for the Tallman House
renovation project with the Council. The Council decided to take
a tour of the Tallman House at a date to be determined.
3. A proposed resolution authorizing the issuance and sale of up
to $346,280.00 sewerage system revenue bonds.
Councilmember Schneider moved to adopt said resolution, seconded by
Councilmember Stehura and passed unanimously. (File Resolution No.
92-1548)
4. Council President Brien stated that the proposed resolution for
the 1992 New Sidewalk Program will be postponed until after the
Plan Commission has approved the sidewalk map. (File Resolution
No. 92-1513)
5A. A proposed ordinance amending the list of streets required to
yield to other designated streets by adding Harvard Dr. yields to
Sunset Dr; and Grace St. yields to Forest Park Blvd., was
introduced and scheduled for public hearing on 21 September 1992.
(File Ordinance No. 92-802)
B) A proposed ordinance amending the list of connecting arterial
streets by adding the following: Milton Av. cross over to access
road, Humes Road cross over to access roads, Bell St., Whitney St.,
West Rotamer Rd. and Randolph Rd., was introduced and scheduled for
public hearing on 21 September 1992. (File Ordinance No. 92-803)
c. A proposed ordinance amending the list of through arterial
streets by adding Kettering St. was introduced and scheduled for
public hearing on 21 September 1992. (File Ordinance No. 92-804)
6. A proposed ordinance rezoning property located at 117 Oakland
Av. from R2 to 02, was introduced, referred to the Plan Commission
and scheduled for public hearing on 5 October 1992. (File
Ordinance No. 92-805)
7. A proposed ordinance rezoning a portion of the property located
2116 Center Av. from B3 to R3, was introduced, referred to the Plan
Commission and scheduled for public hearing on 5 October 1992.
(File Ordinance No. 92-806)
8. A proposed ordinance annexing property located at the southeast
corner of East Milwaukee St. and Highway 14, was introduced and
scheduled for public hearing 5 October 1992. (File Ordinance No.
92-807)
9. A proposed ordinance establishing the zoning classification of
land located at the southeast corner of East Milwaukee St. and
Highway 14 was introduced, referred to the Plan Commission and
scheduled for public hearing on 5 October 1992. (File Ordinance
No. 92-808)
10. Matters not on the agenda. Councilmembers Noll and Heitzman
requested the administration to prepare a Council Policy Statement
concerning conflicts of interest.
Council President Brien stated the Council was supporting the
D.A.R.E. Program by wearing the "D.A.R.E." button.
11. Councilmember Stehura moved to convene into closed session
pursuant to Wisconsin Statute Section 19.85 (g) for the purpose of
conferring with legal counsel for the governmental body who is
rendering oral or written advice concerning strategy to be adopted
by the body with respect to litigation in which it is or is likely
to become involved, seconded by Councilmember Schneider and passed
by the following vote: Aye: Councilmembers Heitzman, O'Leary,
Noll, Stehura, Schneider and Thomas. Pass: Council President
Brien.
There being no further business, the meeting was adjourned into
closed session at 11:07 p.m.
These minutes are not official until approved by the City Council.
Jean Ann Wulf
City Clerk