03-13-1995PROCEEDINGS OF THE CITY COUNCIL
CITY OF JANESVILLE, WISCONSIN
REGULAR MEETING
March 13, 1995
APPROVED 3-27-95
Vol. 45
No. 31
Regular meeting of the City Council of the City of Janesville, held
in the Municipal Building, March 13, 1995.
The meeting was called to order by Council President Noll.
Present: Council President Noll, Councilmembers Stehura, Heitzman,
Brien, O'Leary and Schneider. Absent: Councilmember Thomas.
CONSENT AGENDA
Minutes of the regular meeting held on February 27, 1995.
Licenses; and recommendations of the Alcohol License Advisory
Committee.
Authorization for the administration to deny a liability claim from
Linda Broom.
Revised Certified Survey Map #95007-C, 1 lot located on Morse
Street.
Certified Survey Map #95002-C, 2 lots on Sutherland Avenue south of
Memorial Drive.
For the record, Councilmember Stehura stated that the license
agenda included an extension to June 30, 1995 of a 90 day non-use
provision for Two Kings, Inc. at 1637 East Racine Street.
Council President Noll stated that if there were no objections, the
consent agenda would be approved. There were no objections.
(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 reasonable times.)
OLD BUSINESS
1. Requests and comments from the public on matters which can be
affected by Council action. There were none.
Council President Noll changed the order of the Council agenda by
taking action on "New Business 1." next.
1. A proposed resolution approving an unpaid volunteer adult
crossing guard on Ringold Street at Roosevelt Elementary School by
the School District of Janesville.
Councilmember O'Leary moved, to adopt said resolution, seconded by
Councilmember Brien and passed unanimously. (File Resolution No.
95-1903)
OLD BUSINESS
2. Public hearing and final resolution for Public Works Program
#1-1995.
Councilmember Thomas arrived at 7:05 p.m.
Bill Murphy, representing McNally & Co., requested additional
information on the type of improvements scheduled for West Memorial
Drive, and why they are necessary. The City Engineer, Ron Beatty,
answered his questions.
Dr. Donald Boughton, 5211 North River Rd., requested a special
assessment deferment for his property located on Liberty Lane until
connected, the land is divided, or he sells the property to a non-
family member.
Lawrence Woodman, 3242 Briarcrest Dr., opposed the closing of his
two drive-way entrances on Bell St.
Rich Pendleton, representing First Federal Savings Bank of
LaCrosse, supported the special assessment improvements scheduled
for Liberty Lane.
The following individuals opposed the public works program #1-1995:
NAME ADDRESS LOCATION
Ruth Conway 202 Sunset Dr. Sunset Dr.
Shirley Steinborn 112 Sunset Dr. Sunset Dr.
Jeff Conway 311 Sunset Dr. Sunset Dr.
Betty Teal 1516 Highland Av. Highland Av.
Steve Shulta 827 East Court St. East Court St.
John Reents 1000 East Milwaukee St. East Court St.
Sharon Hewitt 1226 East Court St. East Court St.
Rita Roherty 1256 East Court St. East Court St.
Councilmember O'Leary moved to adopt the 1995 Public Works Program,
with the following changes:
Section I Fox Hills Dr. improvements will be from
Woodcrest Dr. to Tanglewood Dr.
Defer Dr. Donald Boughton's assessments until they are
connected, the land is divided or sold.
Grant Rod Hirsch a ten-year deferment for portions of
Bedford Dr. and Summerhill Dr.
Exclude improvements on Putnam Av. and Enterprise Dr.
Mr. Robert Church may have a ten-year payment plan for
his improvements on West Memorial Dr.
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Councilmember Schneider mcved to amend the motion by deleting
Section I - Liberty Lane from North Lexington Dr. to North Pontiac
Dr., seconded by Councilmember Thomas and failed by the following
vote: Aye: Councilmembers Heitzman and Schneider. Nay: Council
President Noll, Councilmembers Stehura, Brien, O'Leary, Thomas.
Councilmember Thomas moved to amend the motion by deleting Section
VII West Wall St. from 625' west of North Crosby Ay. to Sunset
Dr.
Council President Noll divided the question and postponed action on
the deletion of West Wall St. for four weeks.
Councilmember Thomas moved to amend the motion by deleting the
widening requirement of Section XII, East Court St., from Garfield
Av. to South Ringold St., seconded by Councilmember Schneider and
failed by the following vote: Aye: Councilmembers Stehura,
Schneider and Thomas. Nay: Council President Noll, Councilmembers
Heitzman, Brien and O'Leary.
Councilmember Stehura moved to amend the motion by directing the
administration not to close Mr. Woodman's two drive-way openings on
Bell St., seconded by Councilmember Thomas and passed unanimously.
Council President Noll divided the question and postponed action on
Sunset Dr. for four weeks.
Councilmember O'Leary moved to approve Putnam Av. and Enterprise
Dr., seconded by Councilmember Schneider and passed by the
following vote: Aye: Council President Noll, Councilmembers
Heitzman, O'Leary, Schneider and Thomas. Pass: Councilmembers
Stehura and Brien.
Council voted on the main motion and it passed unanimously.
Councilmember Heitzman requested the administration to evaluate the
need to sign Highland Av. from South Pearl St. to Oakhill Av. in
order to discourage truck traffic.
3. Award of Contracts A through J of the Public Works Program #1-
1995.
Council President Noll postponed action on Contract J - Rockport
Pool repainting.
Councilmember O'Leary moved to approve the Public Works Program as
submitted, which included Sewer and Water to R. T. Fox Contractors
($1,044,175.00), Curb and Gutter to Schultz Construction
($749,670.00), Paving to Frank Brothers, Inc. ($946,571.00),
Limestone to Frank Brothers, Inc.($360,374.00), Excavation to P. W.
Ryan Sons, Inc. ($134,620.00), Seal Coat to Struck & Irwin Paving,
Inc. ($57,667.50), Sidewalk Replacement-I to R. L. Venske
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Construction Co. ($88,318.75), Sidewalk Replacement-II to Johnson
Brothers ($88,507.50), and Industrial Park Landscaping to J. Kasian
& Sons, Inc. ($26,974.50). The motion was seconded by
Councilmember Heitzman and passed unanimously.
4. A proposed ordinance amending text to residential zone district
standards received its seccnd reading and public hearing.
The following individuals appeared in opposition to said ordinance:
Attorney Robert Consigny, representing the Southern Wisconsin
Builders Association; Doug Scott, 1619 Shannon Dr.; Doug Marklein,
Dorchester Dr.; Don McGrath, 4145 Castlemoor Dr.; Katherine Daniel,
4008 Randolph Rd.; Charles Sanford, 1200 North Parker Dr.; Attorney
Dick Henning, representing Wellnitz Builders; Ed Pulliam, 313 South
Harmony Dr.; George Mark, 1925 Eastwood Ay.; Jim Cullen, 1219
Columbus Circle; Tim Weber, 3704 Buckingham Dr.; and, John Hillman,
Carrousel Lane.
Councilmember Schneider moved to deny said ordinance, seconded by
Councilmember Thomas and passed unanimously. (File Ordinance No.
95-973)
Councilmembers Brien, O'Leary and Heitzman requested that the
administration work with the Janesville Builders to find some
common ground on amending the residential zone district of our
General Ordinances.
5. A proposed resolution vacating Salisbury Dr., between South
Crosby Av. and South Arch St., and adjoining portions of South
Willard Av. was given its public hearing.
Steve Scaccia, Executive Vice President of Freedom Plastics, stated
his support for said resolution.
Councilmember Thomas moved to adopt said resolution, seconded by
Councilmember O'Leary and passed unanimously. (File Revised
Resolution No. 95-1876)
6. A proposed ordinance clarifying the Common Council's rule on
reconsideration and rescission, received its second reading and
public hearing.
Councilmember O'Leary moved to adopt said ordinance, seconded by
Councilmember Heitzman and passed by the following vote: Aye:
Council President Noll, Councilmembers Stehura, Heitzman, Brien,
Schneider and Thomas. Nay: Councilmember O'Leary. (File
Ordinance No. 95-974)
7. Variance to the spacing requirements for Community Living
Arrangements to allow the establishment of an adult family home at
339 South Locust St. was given its public hearing.
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K. Andreah Briarmoon, 339 South Locust, stated her support for the
variance.
Councilmember 0'Leary moved to grant a variance for the Community
Living Arrangements with a maximum of four clients allowed at this
location, seconded by Councilmember Thomas and passed by the
following vote: Aye: Council President Noll, Councilmembers
Stehura, Heitzman, Brien, O'Leary and Thomas. Nay: Councilmember
Schneider.
8. A proposed ordinance rezoning property located at the northeast
corner of USH 14 and Wright Rd. from R1 to R3M received its second
reading and public hearing.
The following individuals appeared in support of said ordinance:
Joe Thomas, 6437 Kennedy Rd., and Gary Garlock, 737 Lyndhurst Dr.
Dale Fulton, 1804 Sherman Ay., stated his opposition to this
ordinance.
The following individuals, representing abutting property owners,
appeared to provide clarifying information: Doug Marklein, 3919
Dorchester Dr., and Tim Weber, 3704 Buckingham Dr.
After the public hearing, it was discovered that there was some
confusion on the applicant's part of whether this property should
be zoned R3 or R3M.
Councilmember Schneider moved to deny said ordinance, seconded by
Councilmember 0'Leary and passed by the following vote: Aye:
Council President Noll, Councilmembers Stehura, Heitzman, Brien,
O'Leary and Schneider. Nay: Councilmember Thomas. (File
Ordinance 95- 972)
NEW BUSINESS
2. Council President Noll stated that Certified Survey Map #94070-
C, two lots at the corner of Lexington Dr. and Liberty Lane, was
approved unless there were any objections. There were no
objections.
3. A proposed resolution authorizing the City to apply for a
bikeway/pedestrian trail grant.
Councilmember Brien moved to adopt said resolution, seconded by
Councilmember Thomas and passed unanimously. (File Resolution No.
95-1902)
Councilmembers O'Leary and Thomas requested the administration to
investigate expanding access to the trail on the City's west and
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south side.
4. A proposed ordinance amending text to wall slgn standards was
introduced, referred to the Plan Commission and scheduled for
public hearing on April 10, 1995. (File Ordinance No. 95-979)
5. Matters not on the agenda. Councilmember Stehura requested
information on why sidewalk has not been installed on the corner of
North Grant and Highland Av.
Council President Noll scheduled a suspension/revocation hearing
for Sami Dalip, d/b/a Regency Bar, for March 20, 1995 at 7:00 p.m.
In addition, she scheduled a special meeting on March 30, 1995 at
7:00 p.m. for the TIF District and the Youth Sport Facility
Complex.
The City Council waived notice for both meetings.
6. Council President Noll postponed closed session 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, until March 27,
1995.
Councilmember O'Leary moved to convene into closed session pursuant
to Wisconsin Statutes 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, seconded by Councilmember Brien and passed
unanimously.
There being no further business, the Council convened into closed
session at 11:45 p.m.
These minutes are not official until approved by the City Council.
Jean Ann Wulf
City Clerk