12-09-96PROCEEDINGS OF THE CITY COUNCIL Approved 12-23-96
CITY OF JANESVILLE, WISCONSIN
REGULAR MEETING
December 9, 1996
VOL. 47
NO. 28
Regular meeting of the City Council of the City of Janesville iheld
in the Municipal Building on December 9, 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 Stehura led the Council in the Pledge of Allegiance.
CONSENT AGENDA
Minutes of the regular meeting held November 25, 1996.
Licenses; and recommendations of the Alcohol License Advisory
Committee.
Councilmember Cullen stated the November 25, 1996 minutes should be
amended to reflect that the motion to overrule the President's
decision failed.
Councilmember Stehura stated that Mandela Renee Bradley, an
applicant for an operator's license, received no recommendation, not
a negative recommendation as presented on the license agenda. He
requested that the application be filed and no action be taken.
Council President Schneider stated the consent agenda would[ be
approved as amended by Councilmembers Cullen and Stehura, if tlnere
were no objections. 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.)
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1. Requests and comments from the public on matters which can be
affected by Council action. There were none.
2. A proposed ordinance establishing a 9:00 p.m. closing time for
fermented malt beverage sales at liquor stores received its second
reading and public hearing.
Larry Deal, representing the Mega Mart; Robert Elliott, representing
Vine and Vat; David Ellis, representing Main Street Beverage; and
John Casper representing Grain and Grape and the Vineyard spoke in
favor of the proposed ordinance.
Robert Lynn representing Rock River Beer and Wine stated his
opposition to the proposed ordinance.
Councilmember O'Leary moved to adopt said ordinance, seconded by
Councilmember Brien and passed unanimously. (File Ordinance No. 96-
1088)
3. A proposed ordinance amending Zoning Ordinance text regarding
setback provisions of various zone districts received its second
reading and public hearing.
Council President Schneider opened the public hearing and continued
it until January 27, 1997. (File Ordinance No. 96-1070)
4. A proposed resolution authorizing the issuance of $2,900,000
General Obligation Promissory Notes, Series 1996-A, of the City of
Janesville, Wisconsin, and providing the details thereof.
Councilmember Westphal moved to adopt said resolution, seconded by
Councilmember Noll and passed unanimously. (File Resolution No. 96-
2120)
NEW BUSINESS
1. A proposed resolution approving an agreement authorizing the
sale of the Burger King restaurant located on Center Avenue and the
assumption of TIF Development Agreement guarantees and performance
by Nath Illinois Franchise Group.
Councilmember O'Leary moved to adopt said resolution subject to the
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Administration reviewing the Nath Property Company Limited
Partnership (Nath) agreement and requiring Nath to be fiscally
responsible for the TIF agreement, seconded by Councilmember Cullen
and passed unanimously. (File Resolution No. 96-2126)
2. A proposed resolution approving the final plat of Ruger Ridge
Subdivision.
Councilmember Cullen moved to adopt said resolution, seconded by
Councilmember Noll and passed unanimously. (File Resolution No. 96-
2118)
3. A proposed resolution exercising the City's option to purclhase
the property located at 9 N. Parker Drive.
By consensus, the Council decided to take no action on this
resolution. (File Resolution No. 96-2124)
4. A proposed resolution supporting the continued revitalization of
the downtown of the City of Janesville and the creation of a
Downtown Council to coordinate downtown revitalization efforts.
Councilmember Cullen moved to adopt said resolution, seconded by
Councilmember Noll.
Councilmember Brien moved to amend the motion to require an annual
Council review of the Downtown Council, seconded by Councilmember
Noll and failed by the following vote: Aye: Councilmember Brien.
Nay: Council President Schneider, Councilmembers Stehura, O'Leary,
Cullen, Noll and Westphal.
The Council voted on the main motion and it passed by the following
vote: Aye: Council President Schneider, Councilmembers Steh~ra,
O'Leary, Cullen, Noll and Westphal. Nay: Councilmember Brien.
(File Resolution No. 96-2125)
Councilmember Stehura requested the Downtown Council's strategic
plan when it is completed.
5. Action on City Council policy #74 creating the Development Zoned
Advisory Board.
Councilmember Noll moved to approve said policy, seconded by
Councilmember Stehura.
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Councilmember Brien moved to amend the motion by increasing the
number of committee members from five members to seven members,
seconded by Councilmember Noll and passed by the following vote:
Aye: Council President Schneider, Councilmembers Stehura, Brien,
O'Leary and Noll. Nay: Councilmembers Cullen and Westphal.
Councilmember Stehura moved to amend the motion by appointing two
members to a one-year term, seconded by Councilmember Noll and
passed unanimously.
Councilmember O'Leary moved to amend the motion by requiring at
least one Councilmember to serve on the committee, seconded by
Councilmember Stehura and passed unanimously.
Councilmember O'Leary moved to amend the motion to allow the Council
President to appoint the Councilmember and the City Manager to
appoint the citizens serving on the committee, seconded by Council
President Schneider and passed unanimously.
The Council voted on the main motion and it passed unanimously.
6. Review of the proposed restroom facility for the Youth Sports
Facility.
Councilmember Westphal moved to authorize the Administration to
proceed with Plan C and bid the picnic shelter as an alternative,
seconded by Councilmember Brien and passed by the following vote:
Aye: Council President Schneider, Councilmembers Stehura, Brien,
O'Leary, Cullen and Westphal. Pass: Councilmember Noll.
7. Review of the YMCA/Boys & Girls Club project finances.
Councilmember Cullen left the Council table because of a conflict of
interest.
The Council discussed the process used for the YMCA/Boys & Girls
Club project and the associated finances provided by the Clubs.
Councilmember Westphal requested that the City Manager move forward
on this project immediately.
Councilmember Noll requested the Administration to keep the Council
informed on the relocation process of the businesses required to
move which provided the land for this project.
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8. A proposed resolution authorizing the issuance of $1,010,000
General Obligation Promissory Notes, Series 1996-B, for financing
various public purposes.
Councilmember O'Leary moved to adopt said resolution, seconded by
Councilmember Westphal and passed by the following vote: .Aye:
Council President Schneider, Councilmembers Stehura, O'Leary, and
Westphal. Nay: Councilmembers Brien and Noll. (File Resolution No.
96-2122)
9. Councilmember Cullen returned to the Council table.
A proposed ordinance amending the Subdivision Ordinance requirement
for signing plats and surveys was introduced and scheduled for
public hearing on December 23, 1996. (File Ordinance No. 96-1089)
10. A proposed ordinance requiring South Martin Road to stop at its
intersection with Eastwood Avenue was introduced and scheduled for
public hearing on December 23, 1996. (File Ordinance No. 96-1090)
11. A proposed ordinance amending the Zoning Ordinance text
regarding the location of communication towers and other similar
tower installations in various zone districts was introduced,
referred to the Plan Commission and scheduled for public hearing on
January 13, 1997. (File Ordinance No. 96-1091)
12. Matters not on the agenda.
Council President Schneider scheduled City Council Study Sessions on
February 3, 1997; April 7, 1997; and June 7, 1997.
There being no further business, the Council adjourned at 10:08 p.m.
These minutes are not official until approved by City Council.
Jean Ann Wulf
City Clerk Treasurer