03-25-96PROCEEDINGS OF THE CITY COUNCIL
CITY OF JANESVILLE, WISCONSIN APPROVED 04-08-96
REGULAR MEETING
March 25, 1996
VOL. 46
NO. 28
Regular meeting of the City Council of the City of Janesville, held
in the Municipal Building, March 25, 1996.
The meeting was called to order by Councilmember Noll.
Present: Councilmembers Stehura, Brien, Schneider, Noll and
O'Leary.
Absent: Council President Heitzman and Councilmember Thomas.
Councilmember Brien led the Council in the Pledge of Allegiance.
CONSENT AGENDA
Minutes of the regular meeting held March 11, 1996.
Minutes of the closed session held March 11, 1996.
Licenses; and recommendations of the Alcohol License Advisory
Committee.
Financial statement for the month of January 1996
Financial statement for the month of February 1996.
Action on a motion to approve final Certified Survey Map #96006-C,
Norm Weitzel, four lots on Midland Road.
Councilmember Noll stated 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.)
Councilmember Noll presented to Finance Director Herb Stinski the
1994 Comprehensive Annual Financial Report Award given to the City
of Janesville for reporting excellence.
A proposed resolution in commendation of Robert L. Howard's 30
1
years of service in the Fire Department with the City of
Janesville.
Councilmember Schneider moved to adopt said resolution, seconded by
Councilmember Stehura and passed unanimously. (File Resolution 96-
2025)
OLD BUSINESS
1. Requests and comments from the public on matters which can be
affected by Council action. There were none.
2. A proposed ordinance rezoning property located near the
northwest corner of Matheson and Ringold Streets from R2 to B3
received its second reading and public hearing. No one appeared
for the public hearing and Councilmember Noll continued the hearing
until April 22, 1996. (File Ordinance No. 96-1035)
3. A proposed ordinance rezoning property located at the southwest
corner of Palmer Drive and Midland Road from R3, M1 and B4 to O1
received its second reading and public hearing. No one appeared
for the public hearing.
Councilmember O'Leary moved to adopt said ordinance, seconded by
Councilmember Brien and passed unanimously. (File Ordinance No.
96-1038)
4. A public hearing was held to consider three separate Class "A"
Intoxicating Liquor/Fermented Malt Beverage alcohol license
applications received from Kohl's Beloit, Inc., Phillips Petroleum
Company and Mega Marts, Inc. The Council would consider all
information from the applicants and decide which business would
receive the remaining Class "A" license.
Attorney Michael Dwyer, representing Mega Marts, Inc., and Gary
Fryda, President of Mega Marts, Inc., stated that their company was
investing $9 to $10 million in this community and would employ
approximately 250 people. In their opinion, they felt their
company should receive the last Class "A" license.
Debra Britton, Manager of Kohl's Food Store, stated that they have
been a good business in the City of Janesville and should receive
the remaining Class "A" liquor license.
Attorney Michael Grubb, representing Phillips Petroleum Company,
stated that they were ready to use the alcohol license; the other
two applicants had to build or remodel an existing store to have a
liquor store. Therefore, Phillips Petroleum Company was the only
viable option to the Council.
Council President Heitzman arrived at 7:35 p.m.
Councilmember Schneider moved to grant a Class "A" Intoxicating
Liquor/Fermented Malt Beverage alcohol license to Mega Marts, Inc.,
seconded by Councilmember O'Leary and passed by the following vote:
Aye: Council President Heitzman, Councilmembers Brien, Schneider,
Noll and O'Leary. Nay: Councilmember Stehura.
Councilmember Schneider moved to deny a Class "A" license to Kohl's
Beloit, Inc. since there was not a Class "A" license available and
because of its close proximity to the new middle school, seconded
by Council President Heitzman and passed unanimously.
Councilmember Schneider moved to deny a Class "A" Intoxicating
Liquor/Fermented Malt Beverage alcohol license to Phillips
Petroleum Company since there was not a Class "A" license
available, seconded by Councilmember O'Leary and passed
unanimously.
5 & 6. A proposed ordinance (96-1034) rezoning property located in
the 1700 block of Center Avenue from MI to B3 received its second
reading and joint public hearing with a proposed resolution ,(96-
2008) vacating a portion of Schaller Street east of Center Avenue.
Jack Damrow, 3726 Skyview Drive, opposed the vacation of Schaller
Street east of Center Avenue and submitted a petition to that
effect to the City Council.
John Rupsich, representing NDC, Inc., spoke in favor of rezoning
property located in the 1700 block of Center Avenue from M1 to B3
and vacating a portion of Schaller Street east of Center Avenue.
Councilmember O'Leary moved to adopt said ordinance, seconded by
Council President Heitzman and passed unanimously. (File Ordinance
No. 96-1034)
Councilmember O'Leary moved to adopt said resolution subject to the
granting of an appropriately sized easement for maneuvering City
maintenance and/or safety vehicles at the terminus of Lafayette
Street, seconded by Councilmember Heitzman and passed unanimously.
(File Resolution No. 96-2008)
NEW BUSINESS
1. A proposed resolution authorizing the City Manager to apply for
a State grant to sponsor a Wisconsin Conservation Corps crew.
Councilmember Noll moved to adopt said resolution, seconded by
Councilmember Brien and passed unanimously. (File Resolution No.
96-2028)
2. A proposed resolution changing the trustee for the City of
Janesville, Wisconsin Pollution Control Revenue Bonds (General
Motors Corporation Project), Series 1984.
Councilmember Noll moved to adopt said resolution, seconded by
Councilmember Schneider and passed by the following vote: Aye:
Council President Heitzman, Councilmembers Stehura, Schneider, Noll
and O'Leary. Pass: Councilmember Brien. (File Resolution No. 96-
2030)
3. A proposed resolution authorizing the City Manager to enter
into a TIF development agreement with MLE Leasing Inc. for the sale
of a 10.0 acre parcel of land in TIF No. 14, Wuthering Hills Drive.
Councilmember Noll moved to adopt said resolution, seconded by
Councilmember Schneider and passed by the following vote: Aye:
Council President Heitzman, Councilmembers Brien, Schneider, Noll
and O'Leary. Pass: Councilmember Stehura. (File Resolution No.
96-2031)
4. A proposed street name change for a portion of Bemis Street
east of Sunset Drive to West Wall Street.
Councilmember Noll moved to approve the street name change,
seconded by Council President Heitzman and passed unanimously.
Councilmember Stehura requested that the Administration look into
changing the street name on the remaining portion of Bemis Street.
5. A proposed ordinance amending the taxi cab ordinance was
introduced and scheduled for public hearing on April 8, 1996.
(File Ordinance No. 96-1033)
6. A proposed resolution vacating a portion of South Franklin
Street between Dodge and Court Streets was referred to the Plan
Commission and scheduled for public hearing on May 13, 1996. (File
Resolution No. 96-2023)
Councilmember Noll stated that the vacation of a portion of South
Franklin Street is the first step in acquiring a site for the Boys
and Girls Club. She stated for the record that the Boys and Girls
Club is an excellent project, however, she is not convinced that
the taxpayers can afford it. She requested additional information
on all monies spent in the downtown area for the last 18 months
including TIF 3, the Walgreen project, the Burger King project and
the parking projects. She also requested the fiscal impact on TIF
3 if the City should acquire the City block for the Boys and Girls
Club site.
In addition, she requested information on what additional
programming the Boys and Girls Club would offer at the new site and
a comparison of the realignment of River Street project with the
proposal of changing Jackson Street to a two-way street.
Councilmember Noll requested community involvement in the decision
making process for the Boys and Girls Club project.
7. A proposed ordinance rezoning property in the 2300-2400 block
of Afton Road from Conservancy to R1 was introduced, referred to
the Plan Commission and scheduled for public hearing on April 22,
1996. (File Ordinance No. 96-1042)
8. A proposed ordinance rezoning property located in the 500 block
of South River Street from M2 to O1 and Conservancy was introduced,
referred to the Plan Commission and scheduled for public hearing on
April 22, 1996. (File Ordinance No. 96-1043)
Councilmember Noll requested a copy of the contract between Angus-
Young Associates and the City concerning this property.
9 & 10. Council President Heitzman stated that proposed ordinances
annexing (96-1044) and zoning (96-1045) property located at the
northwest corner of STH 26 (Milton Avenue) and McCormick Drive
were removed from the agenda as requested by the applicant. (File
Ordinance Nos. 96-1044 and 96-1045)
11. A proposed ordinance amending text in the Zoning Ordinance to
allow microbreweries as a conditional use in the B3 District was
introduced, referred to the Plan Commission and scheduled for
public hearing on April 22, 1996. (File Ordinance No. 96-1041)
12. Matters not on the agenda.
City Manager Sheiffer stated the Council needs to schedule study
sessions for the downtown development, the organizational meeting
and the review of recurring agenda items. The dates he is looking
at are April 9, April 16 and April 29. He will be coordinating the
dates and times with the current Council and new Councilmembers.
Councilmember Schneider requested additional information on the
possibility of outsourcing taxi cab inspections.
Council President Heitzman suggested that the proposed ordinance on
taxi cabs be amended to require the vehicles to have four doors.
Councilmember O'Leary requested a status report on the need for a
stop sign or the possibility of hiring a crossing guard at the
intersection of Mineral Point Avenue and Grant Street.
13. Councilmember Schneider 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 O'Leary and passed
unanimously.
There being no further business, the Council convened into closed
session at 9:44 p.m.
These minutes are not official until approved by the City Council.
Jean Ann Wulf
City Clerk