03-11-96PROCEEDINGS OF THE CITY COUNCIL
CITY OF JANESVILLE, WISCONSIN Approved 3-25-96
REGULAR MEETING
March 11, 1996
VOL. 46
NO. 27
Regular meeting of the City Council of the City of Janesville, held
in the Municipal Building, March 11, 1996.
The meeting was called to order by Council President Heitzman.
Present: Council President Heitzman, Councilmembers Stehura, Brien,
Schneider, Noll, O'Leary, and Thomas.
Councilmember O'Leary led the Council in the Pledge of Allegiance.
CONSENT AGENDA
Minutes of the regular meeting held February 26, 1996.
Minutes of the closed session held February 26, 1996.
Licenses; and recommendations of the Alcohol License Advisory
Committee.
Action on final Certified Survey Map #96011-C, 2 lots and 2 outlots
on Ruger Avenue.
Council President Heitzman stated that if there were no objections,
council minutes and Certified Survey Map #96011-C would be approved
by consent and Licenses and recommendations of the Alcohol License
Advisory Committee would be taken up separately. There were no
objections.
Councilmember Stehura moved to approve recommended operator
licenses and original Class "B" Intoxicating Liquor/Fermented Malt
Beverage licenses, seconded by Councilmember Noll and passed
unanimously.
Council President Heitzman stated for the record that Timothy
Venable was not present in the audience.
Councilmember Stehura moved to deny an operators license to Timothy
Venable based on the report from the Alcohol License Advisory
Committee, seconded by Councilmember Noll and passed unanimously.
Councilmember Stehura moved to deny a Class "A" and "B"
Intoxicating Liquor/Fermented Malt Beverage license to Adria
Properties, LLC based on the report from the Alcohol License
Advisory Committee, seconded by Councilmember Schneider.
Attorney Martin Greenberg, 330 East Kilbourn Avenue, Milwaukee,
Wisconsin, representing Adria Properties, LLC and Zvonko Barbalic,
ask that their application be amended to a Class "B" license for
Restaurants.
Zvonko Barbalic, 8725 West 131st, Palos Park, Illinois, owner of
120 West Delavan Drive, answered questions from Council.
Councilmembers Stehura and Schneider withdrew their motion to deny.
Councilmember Stehura moved to refer the amended application of
Adria Properties, LLC for a Class "B" license for Restaurants to
the Alcohol License Advisory Committee for review and
recommendation, seconded by Councilmember Noll and passed
unanimously.
Councilmember O'Leary moved to continue action for 2 weeks on the
3 applications for original Class "A" Intoxicating Liquor/Fermented
Malt Beverage License, hold a public hearing and select 1 of the
applicants for the remaining Class "A" license, 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 reasonable times.)
OLD BUSINESS
1. Requests and comments from the public on matters which can be
affected by Council action. There were none.
2. A proposed resolution authorizing the City Manager to enter into
Lease Agreements for the Youth Sports Facility with the youth
sports groups.
There was a motion on the floor to adopt said resolution as amended
from the February 26, 1996 Council Meeting.
Councilmember O'Leary moved to adopt said resolution with the lease
amended per the City Attorney's revisions, seconded by
Councilmember Brien. Councilmember Brien withdrew his second.
Councilmember Noll seconded the motion.
Councilmember O'Leary withdrew his motion from the February 26,
1996 Council meeting to amend Section K. and Councilmember
President Heitzman withdrew her second.
Councilmember O'Leary moved to approve the lease as presented at
the February 26, 1996 Council meeting including the following
changes to the lease: Sections "4.(A) The City intends to develop,
improve, maintain and use the Premises primarily for the
development and operation of a youth sports facility including, but
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not limited to, the YMCA, Janesville United Soccer Club, Janesville
Youth Football, Inc., Youth Baseball of Janesville, Inc., and
various youth softball organizations." & 4.(E) "The City Leisure
Services Division has the right to use the facilities at the Youth
Sports Complex for community events subject to the approval of the
youth sports organization, which approval will not be withheld
without good cause." seconded by Councilmember Thomas.
Mel Cushing, 3506 Canterbury Lane, President of Pop Warner
Football, addressed Council to express concern regarding the
sharing of playing fields.
Councilmember Brien moved to amend the lease section 4.(E) to read
"The City Leisure Services Division has the right to use the
facilities at the Youth Sports Complex for community events, not
including leagues, subject to the approval of the youth sports
organization, which approval will not be withheld without good
cause." Councilmembers O'Leary and Thomas took this as a friendly
amendment.
The motion to adopt the resolution with the original lease language
as amended passed unanimously. (File Resolution No. 96-2016)
3. Public hearing and action on final resolution for Public Works
Program #1-1996.
Council President Heitzman opened the public hearing. The following
individuals spoke:
V. Speaking in opposition were: Louis Gage, 326 South Wisconsin
Street, President of Oakhill Cemetery, regarding assessments on
cemetery lands on North Washington Street; and Ralph Zahler, 1734
North Washington Street.
VII. Councilmember Stehura stated that the owners of property at
246 Roosevelt Avenue intend to widen their driveway and oppose curb
and gutter replacement.
IX. Property owners speaking in opposition to curb and gutter
replacement were: Alfred Erdman, 1104 West Delavan Drive; Patricia
Taaffe, 1202 West Delavan Drive; and Robert Logan, 1006 South
Terrace Street.
Council President Heitzman closed the public hearing.
Councilmember Noll moved to adopt said resolution, seconded by
Councilmember O'Leary. Councilmember Noll moved to amend said
resolution by deleting Section V. North Washington Street, seconded
by Councilmember Schneider and failed with the following vote:
Aye: Councilmembers Schneider and Noll. Nay: Council President
Heitzman, Councilmembers Stehura, Brien, O'Leary and Thomas.
Councilmember Brien moved to amend said resolution by providing for
a ten year payment plan for all abutting owners under Section V,
North Washington Street, seconded by Councilmember Thomas and
passed unanimously.
By friendly amendment, ten year none-use deferments were added to
the resolution for Tim Weber, Sections I & III, Widgeon Drive;
Floyd Yeomans, Section IV, Midvale Drive west of North Wright Road;
and James Campbell, Section IV, Midvale Drive and Green Valley
Drive.
Council President Heitzman separated the motion. Council voted on
Section I. East Racine Street easement only and passed with
following vote: Aye: Council President Heitzman, Councilmembers
Stehura, Brien, Noll, O'Leary and Thomas. Pass: Councilmember
Schneider. Council then voted on the balance of the resolution as
amended excluding East Racine Street easement in Section I and
passed unanimously. (File Resolution No. 96-2024)
4. Award of Contracts B (Sewer & Water), C (Curb & Gutter), D
(Paving), E (Limestone), F (Excavation), G (Seal Coat), I (Sidewalk
Replacement-I), J (Sidewalk Replacement-II), K (Riverside Boat
Ramp), and L (Ice Arena Painting) of Public Works Program #1-1996.
Councilmember O'Leary moved to award contracts to the low bidders
as recommended by the Committee of Public Works as follows: B
(Sewer & Water) to R.T. Fox Contractors, Inc. in the amount of
$908,685.00, C (Curb & Gutter) to Schultz Construction Co. in the
amount of $519,780.00, D (Paving) to Rock Road Companies, Inc. in
the amount of $995,362.00, E (Limestone) to P.W. Ryan & Sons, Inc.
in the amount of $399,600.00, F (Excavation) to P.W. Ryan & Sons,
Inc. in the amount of $232,730.00, G (Seal Coat) to Struck & Irwin
Paving, Inc. in the amount of $78,850.00, I (Sidewalk Replacement-
I) to R.L. Venske Construction in the amount of $89,075.00; J
(Sidewalk Replacement-II) to Johnson Brothers Construction in the
amount of $91,245.00; K (Riverside Boat Ramp) to Concrete
Structures in the amount of $26,335.00, and L (Ice Arena Painting)
to Porta Painting in the amount of $15,540.00; seconded by
Councilmember Noll and passed unanimously.
NEW BUSINESS
1. Recommendation of the Plan Commission: A Proposed resolution
approving the final plat of Muhs-Markham Creek Subdivision.
Councilmember Schneider moved to adopt said resolution, seconded by
Councilmember Noll and passed unanimously. (File Resolution No. 96-
2022)
2. A proposed resolution authorizing the Expenditure of funds for
Phase II of the YWCA Shelter and Alternatives Program project and
making a statement of intent to provide a site for the project.
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Kathy Madsen, Executive Director of the YWCA, spoke in support of
the proposed resolution.
Councilmember Brien moved to adopt said resolution, seconded by
Councilmember Thomas and passed unanimously. (File Resolution No.
96-2014)
3. A proposed ordinance rezoning property located south of the
southwest corner of Kellogg Avenue and Beloit Avenue from B2 and B3
to R3 was introduced, referred to the Plan Commission and scheduled
for public hearing on April 8, 1996. (File Ordinance No. 96-1040)
4. A request for a variance to the spacing requirements for
Community Living Arrangements (CLA) to allow the establishment of
a Community Living Arrangement at 2911 Carrousel Lane was referred
to the Plan Commission and scheduled for public hearing on April 8,
1996.
5. Matters not on the agenda. There were none.
6. Closed Session
Councilmember O'Leary 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, seconded by Councilmember Schneider and passed
unanimously.
There being no further business, Council convened into closed
session at 9:15 p.m.
These minutes are not official until approved by the City Council.
Timothy L. Kitzman
Deputy City Clerk
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