11-25-96PROCEEDINGS OF THE CITY COUNCIL Approved 12-13-96
CITY OF JANESVILLE, WISCONSIN
REGULAR MEETING
November 25, 1996
VOL. 47
NO. 26
Regular meeting of the City Council of the City of Janesville held
in the Municipal Building on November 25, 1996.
The meeting was called to order by Council President Schneider.
Present: Council President Schneider, Councilmembers Stehura, Brien,
O'Leary, Cullen, Noll and Westphal.
Councilmember Westphal led the Council in the Pledge of Allegiance.
CONSENT AGENDA
Minutes of the regular meeting held November 11, 1996.
Minutes of the closed session held November 11, 1996.
Minutes of the special meeting held November 18, 1996.
Licenses; and recommendations of the Alcohol License Advisory
Committee.
Financial statement for the month of October 1996.
Waiver of special assessment procedures for sewer and water charges
on John Paul Road.
Council President Schneider 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 carl be
affected by Council action. There were none.
2. Action on a proposed ordinance increasing the transit fares.
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Councilmember Westphal moved to adopt said ordinance, seconded by
Councilmember Stehura and passed unanimously. (File Ordinance No.
96-1080)
3. A proposed ordinance amending the text of the City's room tax
ordinance to increase the room tax levy to 6% and to amend the
allocation of annual room tax revenues received its public hearlng.
The following individuals spoke in favor of the proposed ordinance:
Stan Jones, Chairman of the Janesville Area Convention and Visitors
Bureau (JACVB)
Judy Richardson, Executive Director of JACVB
John Thurman, representing Van Galder Bus
Dana Thorpe, Executive Director of Rock County Historical Society
Andy Hayes, representing Forward Janesville
Bruce Monson, 602 East Milwaukee Street
The following individuals spoke in opposition of the proposed
ordinance:
Dan Weitzel and Norm Weitzel suggested the Council not increase the
room tax, but split the current room tax revenues equally between
JACVB and the City.
Councilmember Westphal moved to adopt said ordinance, seconded by
Councilmember Noll.
Councilmember Cullen moved to amend the motion by changing the
effective date from July 1, 1997 to January 1, 1997 with the
increase in revenues being allocated to the General Fund, seconded
by Councilmember Noll.
City Attorney Klimczyk stated that State Statutes require 70% of all
increases in room tax be allocated to tourism which would invalidate
Councilmember Cullen's motion.
Councilmember Cullen changed his motion to amend the ordinance by
inserting the italicized language in the following sections:
Section II 3.20.130 (A): Effective July 1, 1997 forty percent(40%)
of the room taxes collected annually by the City from the five
percent (5%) room tax levy in existence in 1996, shall be allocated
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to a Visitors and Conventions Bureau solely for the purpose of
attracting visitors to the City of Janesville.
(B) One hundred percent (100%) of the room taxes collected annually
by the City from the one percent (1.0%) room tax levy increase
effective on January 1, 1997 shall be allocated to a Visitors and
Conventions Bureau solely for the purpose of attracting visitors to
the City of Janesville. In addition, he deleted Section III which
made the entire ordinance effective July 1, 1997. Councilmember
Noll seconded the motion and it passed by the following vote: Aye:
Councilmembers Brien, O'Leary, Cullen and Noll. Nay: Council
President Schneider, Councilmembers Stehura and Westphal.
Councilmember O'Leary moved to amend the motion by requiring ~%CVB
to report to the City Council instead of the City Manager, seconded
by Councilmember Noll and passed by the following vote: Aye:
Councilmembers Stehura, Brien, O'Leary and Noll. Nay: Council
President Schneider, Councilmembers Cullen and Westphal.
Councilmember Noll moved to amend the motion by adding paragraph D
to Section II 3.20.130 which states, the City shall make a direct
annual expenditure to Rotary Gardens out of the tourism promotion
and development portion of the room tax revenues in the amount of
$15,000 commencing with the 1997 Fiscal Year, seconded by
Councilmember O'Leary.
Councilmember Cullen offered a friendly amendment to require Rotary
Gardens to have the same reporting requirements as JACVB. The
friendly amendment was accepted by both Councilmembers Noll and
O'Leary. Council voted on the amendment and it passed by the
following vote: Aye: Council President Schneider, Councilmembers
O'Leary, Cullen and Noll. Nay: Councilmembers Stehura, Brien and
Westphal.
Council voted on the main motion and it failed by the following
vote: Aye: Councilmembers O'Leary, Cullen and Noll. Nay: Council
President Schneider, Councilmembers Stehura, Brien and Westphal.
Councilmember O'Leary moved to adopt said ordinance with the
amendment to paragraph C requiring JACVB to report to the City
Council instead of the City Manager, seconded by Councilmember Noll
and passed by the following vote: Aye: Councilmembers Stehura,
O'Leary, Cullen, Noll and Westphal. Nay: Council President
Schneider and Councilmember Brien. (File Ordinance No. 96-1081)
4. Action on the proposed 1997 Library budget.
Councilmember Westphal moved to approve a 1997 tax levy (without
TIF) in the amount of $2,114,252 for Library purposes and direct the
Finance Director to include this amount in the 1997 levy resolution,
seconded by Councilmember Cullen and passed by the following vote:
Aye: Councilmembers Brien, Cullen, Noll and Westphal. Nay: Council
President Schneider, Councilmembers Stehura and O'Leary.
5. Action on the proposed 1997 City budget.
Councilmember Noll moved to approve the 1997 proposed City budget
as revised by the City Manager through November 25, 1996 with the
General Fund budget in the amount of $27,332,618 and a tax levy
(without TIF) in the amount of $12,363,657 and direct the Finance
Director to include these amounts in the 1997 appropriation and levy
resolutions, seconded by Councilmember Westphal.
Councilmember Noll moved to amend the motion by deleting $2~145
which represents the Senior Citizen's Center nonresident fee,
seconded by Council President Schneider and passed by the following
vote: Aye: Council President Schneider, Councilmembers O'Leary,
Cullen and Noll. Nay: Councilmembers Stehura, Brien and Westphal.
Councilmember Brien moved to amend the motion by deleting $25~.000
allocated to Forward Janesville and adding the $25,000 to Blight
Elimination in the CDBG budget. He received no second.
Councilmember Brien moved to amend the motion by deleting $25~.000
for Forward Janesville in the Economic Development budget and
received no second.
Councilmember Stehura moved to amend the motion by deleting $15,000
in the Parks budget allocated to Rotary Gardens, seconded by
Councilmember Brien and passed by the following vote: Aye:
Councilmembers Stehura, Brien, Cullen and Westphal. Nay: Council
President Schneider, Councilmembers O'Leary and Noll.
Councilmember Cullen moved to amend the motion by adding $8,640 for
deep water swimming at Lions Beach. He received no second.
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Councilmember O'Leary moved to designate $15,000 of the room tax
revenue for Rotary Gardens, seconded by Councilmember Noll.
Councilmember Westphal stated that this motion was substantially the
same as the previous motion in regards to Rotary Gardens and,
therefore, requires a reconsideration.
Council President Schneider on advice from legal counsel stated the
motion was different and, therefore, valid.
Councilmember Westphal moved to overrule the President's decision,
seconded by Councilmember Stehura and failed by the following vote:
Aye: Councilmembers Stehura, Brien and Westphal. Nay: Council
President Schneider, Councilmembers O'Leary, Cullen and Noll.
The Council voted on the amendment and it failed by the following
vote: Aye: Council President Schneider, Councilmembers O'Leary and
Noll. Nay: Councilmembers Stehura, Brien, Cullen and Westphal.
Council voted on the main motion as amended and it passed
unanimously.
NEW BUSINESS
1. Council President Schneider requested Council's approval of his
appointment of Jim Sharer to the Cable Advisory Committee.
Councilmember Stehura moved to approve said appointment, seconded
by Councilmember Noll and passed unanimously.
2. Action on a proposed street name change from Greenfield D~ive
to Rockingham Drive.
Councilmember Noll moved to approve the street name change, seconded
by Councilmember Stehura and passed by the following vote: Aye:
Council President Schneider, Councilmembers Stehura, Brien, O'Leary,
Noll and Westphal. Nay: Councilmember Cullen.
3. A proposed resolution granting an easement across property at
the northwest corner of South High Street to Wisconsin Power & Light
for utility purposes.
Councilmember Noll moved to adopt said resolution, seconded by
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Councilmember Stehura and passed unanimously. (File Resolution No.
96-2116)
4. A proposed resolution approving an offer to purchase property
located at 1109-1115 S. Academy Street for future industrial site
purposes.
Councilmember Brien stated he would pass on this matter because of
a conflict of interest.
Councilmember Westphal moved to adopt said resolution, seconded by
Councilmember Cullen and passed by the following vote: Aye: Council
President Schneider, Councilmembers Stehura, O'Leary, Cullen, Noll
and Westphal. Pass: Councilmember Brien.
5. A proposed resolution approving the FY1997 Community Development
Block Grant (CDBG) Program submission and revising the FY1996 CDBG
submission.
Councilmember Brien moved to delete $25,000 allocated to Forward
Janesville and transfer the funds to Downtown Blight Elimination.
He received no second.
Councilmember O'Leary moved to adopt said resolution, seconded by
Councilmember Stehura and passed unanimously. (File Resolution No.
96-2115)
6. A proposed resolution authorizing the issuance of General
Obligation Promissory Notes, Series 1996-A, in the amount not to
exceed $2,900,000 and providing the details thereof.
Councilmember Noll moved to adopt said resolution, seconded by
Councilmember Cullen and passed unanimously. (File Resolution No.
96-2117)
7. Action on the proposed 1997 golf course fees.
Councilmember Stehura moved to approve the 1997 golf course fees,
seconded by Councilmember Noll.
Councilmember Brien moved to amend the motion by doubling the
increase in fees for nonresidents and keeping the current fee
structure for City residents. He received no second.
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Council voted on the main motion and it passed unanimously.
8. A proposed ordinance establishing 9:00 p.m. closing hours for
fermented malt beverage sales at liquor stores was introduced and
scheduled for public hearing on December 9, 1996.
Council President Schneider requested Councilmember Stehura, Chair
of the Alcohol License Advisory Committee, to discuss this proposed
ordinance amendment with his committee and provide the Council with
a recommendation. (File Ordinance No. 96-1088)
9. A proposed ordinance rezoning a portion of 1029 Nicolet Street
from B2 to B2 with parking overlay was introduced, referred to the
Plan Commission and scheduled for public hearing on January 13,
1997. (File Ordinance No. 96-1085)
10. A proposed ordinance rezoning 419 East Court Street from R4 to
01 was introduced, referred to the Plan Commission and scheduled for
public hearing on December 23, 1996. (File Ordinance No. 96-1(]86)
11. Matters not on the agenda.
Councilmember 0'Leary questioned the wisdom of planting 88 trees
donated by Wisconsin Power & Light on Jackson Street and t~ast
Delavan Drive in light of the potential development that will occur
in that area. Also, he commended Assistant City Manager Rogers for
his firm stance on the Highway 11 bypass issue with the Federal
Government. He requested City Manager Sheiffer to contact our
representatives in Congress and ask for their support to expedite
the Highway 11 bypass.
Council President Schneider scheduled a special Council meeting on
Monday, December 2, 1996 at 4:30 p.m. to approve the tax levy and
rate resolutions.
There being no further business, Council adjourned at 10:30 p.m.
These minutes are not official until approved by the City Council.
Jean Ann Wulf
City Clerk-Treasurer