08-11-97PROCEEDINGS OF THE CITY COUNCIL Approved 8/25/97.
CITY OF JANESVILLE, WISCONSIN
REGULAR MEETING
AUGUST 11, 1997
VOL. 48
NO. 12
Regular meeting of the City Council of the City of Janesvilte held
in the Municipal building on August 11, 1997.
The meeting was called to order by Council President Cullen.
Councilmember Schneider lead the Council in the pledge of
allegiance.
Present: Council President Cullen, Councilmembers Brien, O'Leary,
Westphal, Noll and Schneider. Absent: Councilmember Stehura.
CONSENT AGENDA
Minutes of the regular meeting held July 28, 1997.
Minutes of the closed session held July 28, 1997.
Licenses; and recommendations of the Alcohol License Advisory
Committee.
Approval of final Certified Survey Map #97040--C, Wilden Hughes, one
lot located on S. Wuthering Hills Drive south of Highway 11.
Approval of final Certified Survey Map #97042-C, John Roherty, two
lots between Kennedy Road and Milton Avenue.
Council President Cullen removed the Class B Intoxicating Liquor
and Fermented Malt Beverage license for Pinky's Inc. from the
consent agenda. He stated that if there were no objections to the
remaining consent agenda, it would be approved. There were no
objections.
Attorney John Sanborn, representing Pin.ky's Inc. stated his support
for the issuance of the Class B license. In addition, he submitted
an affidavit from David Newlin detailing the business structure of
Pinky's Inc. Councilmember Westphal moved to deny the Clas~ B
license, seconded by Councilmember Noll and passed unanimously.
(Ail 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 ordinance making landlords responsible for drug and
gang related activities on their properties received its second
reading and public hearing.
The following individuals spoke in favor of said ordinance: Bob
Krause, Marjorie Reed, Burdette Erickson, Peter Hanke, Ed Blum and
Ilah Hartung.
The following individuals spoke in opposition of said ordinance:
John Sholtes, Jim Bahler, Dewane Block, Glen Fike, Kris Dougherty,
Larry Miller, and Bernard Elmer.
Councilmember Westphal moved to adopt said ordinance, seconded by
Councilmember Brien. Councilmember O'Leary zequested to include a
friendly amendment by striking Section 9.30.030 and renumbering the
ordinance. Councilmember Westphal and Brien accepted the friendly
amendment. Councilmember O'Leary requested the Attorney's office to
issue an opinion on whether the proposed ordinance is consistent
with the City of Milwaukee's ordinance which was upheld in
appellate court. Councilmember Noll moved tc table said ordinance
for two weeks, seconded by Councilmember O'Leary and failed by the
following vote: Aye: Council President Cullen, Councilmembers
O'Leary and Noll. Nay: Councilmembers Brien, Westphal and
Schneider. Councilmember Brien moved to reconsider the motion to
table. Council President Cullen ruled that motion out of order.
Councilmember O'Leary moved to amend the motion by requiring that
the ordinance will be followed only if it is the opinion of the
City Attorney that it is consistent with Milwaukee's enforcement of
Chapter 823 in City of Milwaukee vs. Arriel. Seconded by
Councilmember Noll and passed by the following vote: Aye: Council
President Cullen, Councilmembers O'Leary, Westphal, Noll and
Schneider. Nay: Councilmember Brien. Councilmember Notl requested
an opinion from the City Attorney whether a landlord could use the
ordinance as a legal defense if a tenant should sue for wrongful
eviction.
Council voted on the main motion and it passed unanimously. (File
Rev. Ord. #97-1137).
3. Action on a request to approve a rail spur in TIF No. 16 for
Customized Transportation, Inc. Councilmember Westphal stated he
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would abstain from the discussion and voting on this item because
of a conflict of interest. Council President Cullen moved to
accept the rail spur with the understanding that CTI guarantees 80
full-time employees, 90% of the funding will come from the private
sector and 10% from the City. Seconded by Councilmember Noll and
passed by the following vote: Aye: Council President Cullen,
Councilmembers O'Leary, Noll, Schneider. Nay: Councilmember Brien.
Passed: Councilmember Westphal.
4. and 5. Council President Cullen rescheduled the public hearing
and action on proposed ordinances annexing (97-1135) and zoning to
01 and Ri (97-1136) property located in the 300 block of West Court
Street south of Waveland Road for August 25, !997. (File Ord. ~97-
1135 and #97-1136)
NEW BUSINESS
1. Action on proposed resolutions approving (a) the final plat of
First Addition to Deerfield Subdivision (97-2205) and the
associated waiver of special assessment procedure for storm sewer
and sidewalk and (b) the final plat of Wong Commercial Park (97-
2206). Councilmember O'Leary moved to adopt said resolutions and
the associated waiver. Seconded by Councilmember Noll and passed
unanimously. (File Res. #97-2205 and #97-2206)
2. Status Report on downtown activities by the Downtown Council.
Mr. Curt Parish, representing the Downtown Council, presented the
six-month status report. He stated that four of the seven working
groups suggested by the Hyatt Palma study have been formed. The
working groups are off to a great start because of the dedication
and quality of people involved and the partnership with the City.
3. Committee appointment to the Zoning Board of Appeals.
Councilmember Schneider moved to approve Doug Marklein, 3919
Dorchester Drive, to fill Bob McArthur's unexpired term as an
alternate #2 on the Zoning Board of Appeals. Seconded by
Councilmember Noll and passed unanimously.
~. A proposed resolution authorizing the issuance of $2.5 million
in Industrial Revenue Bonds for the Janesville Warehouse, LLC
Project received its public hearing. Attorney Richard Helde,
representing the applicant, stated his support for said resolution
and was available to respond to Council questions. Councilmember
Westphal stated he would abstain from the discussion and voting on
this item because of a conflict of interest. Councilmember
Schneider moved to adopt said resolution, seconded by Councilme~ber
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Noll and passed by the following vote: Aye: Council President
Cullen, Councilmembers O'Leary, Noll and Schneider. Nay:
Councilmember Brien. Passed: Councilmember Westphal. (File Res.
97-2208)
5. A proposed resolution authorizing the City Manager to execute
a Consent Order and Budget Adjustment for a Corrosion Control Study
by the City of Janesville Water Utility. C~uncilmember Westphal
moved to adopt said resolution authorizing an increase of $50,000
in the Water Utility budget. Seconded by Councilmember Noll and
passed by the following vote: Aye: Council President Cullen,
Councilmembers Brien, Westphal, Noll and Schneider. Nay:
Councilmember O'Leary.
6. Council President Cullen postponed the report on City Council
priorities/projects status until August 25, 1997.
7. and 8. Proposed ordinances annexing (97-1141) and zoning to
R1(97-1142) property located near the northeast corner of Wuthering
Hills Drive and Highway 14 were introduced and scheduled for public
hearing on September 8, 1997. (File Ord. #97-1141 and #97-1142)
9. Matters Not on the Agenda~ Councilmember O'Leary requested
clarification on what type of information the City was waiting for
from the State in order to complete the Transportation Plan. City
Planner Cantrell indicated the information was for traffic volume
projections on major City streets.
There being no further business, the Council adjourned at 10:51
p.m.
These minutes are not official until approved by the City Council.
Jean Ann Wulf
City Clerk