08-25-97 PROCEEDINGS OF THE CITY COUNCIL Approved September 8, 1997.
CITY OF J~NESVILLE, WISCONSIN
REGUIJIRMEETING
AUGUST 25, 1997
VOL. 48
NO. 13
Regular meeting of the City Council of the City of Janesville held
in the Municipal building on August 25, 1997.
The meeting was called to order by Council President Cullen.
Present: Council President Cullen, Councilmembers Brien, O'Leary,
Stehura, Westphal, Noll and Schneider.
CONSENT AGENDA
Minutes of the regular meeting held August ll, 1997.
Licenses; and recommendations of the Alcohol License Advisory
Committee.
Financial statement for the month of July, 1997.
Approval of final Certified Survey Map #97034-C, Pine Tree
Commercial Realty LLC, 2 lots on Deerfield Drive.
Approval of final Certified Survey Map #97035-C, Pine Tree
Commercial Realty LLC, 3 lots and 1 outlot on Deerfield Drive.
Approval of final Certified Survey Map #97046-C, Frank Silha, 3
lots on Drott Drive.
Council President Cullen stated that the co~nendation resolutions
would be taken up separately and the balance of the consent agenda
would be aDproved if there were no objections. There were no
objections.
A proposed resolution in commendation of Victor E. Chesmore's
service to the City of Janesville.
Councilmember Brien moved to adopt said resolution, seconded by
Councilmember Westphal, and passed unanimously. (File Resolution
No. 97-2195)
A proposed resolution in commendation of the Rock Aqua Jays Water
Ski Club.
Councilmember Brien moved to adopt said resolution, seconded by
Stehura, and passed unanimously. (File Resolution No. 97-2213)
(All applications of licenses are on file in the
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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 annexing property located in the 3000
block of West Court Street south of Waveland Road received its
second reading.
Councilmember Schneider left the Council table due to a conflict of
interest.
Council President Cullen combined the public hearings for items 2
&3.
The following individuals spoke in opposition to the proposed
ordinances: Bill Connor, 3013 Crabapple Lane and Jeff Thomas, 417
Waveland Road. Protest petitions were also submitted by Mr. Connor
and Mr. Thomas.
The following individuals spoke in favor of the proposed
ordinances: Attorney George Steil, representing Neal Schneider;
Attorney Robert Elliot, representing Franklin Austin; and Marvin
Roth, 1533 Tyler Street. The hearing was closed.
Councilmember Westphal moved to adopt said ordinance, seconded by
Councilmember O'Leary and passed unanimously, with Councilmember
Schneider absent. (File Ordinance No. 97-1135)
3. A proposed ordinance zoning property located in the 3000 block
of West Court Street south of Waveland Road to O1 and R1 upon
annexation received its second reading.
Councilmember Westphal moved to adopt said ordinance, seconded by
Councilmember O'Leary.
A friendly amendment was offered by Councilmember O'Leary to place
a restriction on the deed to require the property zoned O1 be used
for a funeral home and the property zoned R1 be limited to single
family dwellings. The friendly amendment was accepted by
Councilmember Westphal. The motion, as amended, passed unanimously,
with Councilmember Schneider absent. (File Ordinance No. 97-1136
Councilmember Schneider returned to the Council table.
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4. A proposed ordinance rezoning property located west of Arch
Street and north of Rockport Road from R3 to R2 received its second
reading and public hearing. No one appeared for the hearing.
Councilmember Schneider moved to adopt said ordinance, seconded by
Councilmember Noll and passed unanimously. (File Ordinance No. 97-
1134)
5. A proposed resolution vacating a portion of South Garfield
Avenue south of Tyler Street received its public hearing. No one
appeared for the hearing.
Councilmember Noll moved to adopt said resolution, seconded by
Councilmember Brien, and passed unanimously. (File Resolution
97-2192)
6. A proposed resolution authorizing the lease of the Janesville
Ice Arena.
Thomas Hillgrove, president of Recreational Management Services
Corporation, addressed Council.
Councilmember Westphal moved to adopt said resolution, seconded by
Council President Cullen. Councilmember Brien offered a friendly
amendment to add "Council" to Lease Agreement section 24.3 to read
"Future fee increases proposed by the leasee shall not exceed the
All Urban Consumer Price Index (AUCPI) without prior written
authorization from the CITY COUNCIL. The CITY COUNCIL will not
unreasonably withhold approval of proposed fee increases." The
friendly amendment was accepted. The motion, as amended, passed
with the following vote: Aye: Council President Cullen,
Councilmembers Brien, Stehura and Westphal. Nay: Councilmembers
O'Leary, Noll and Schneider. (File Resolution No. 97-2201)
7. Award of Contract P (Ice Arena Heating) of Public Works
Program #2-1997.
Councilmember Noll moved to accept the bid for forced air heaters
from MCI, Inc. in the amount of $12,900.00, seconded by
Councilmen~Der Schneider and passed with the following vote: Aye:
Councilmen~ers Brien, O'Leary, Stehura, Noll and Schneider. Nay:
Council President Cullen and Councilmember Westphal.
8. Proposed resolutions selecting a site for the Transit Transfer
Center.
Councilmember Westphal moved to select the Town & Country site,
seconded by Councilmember O'Leary and failed by the following vote:
Aye: Councilmembers Westphal and O'Leary. Nay: Council President
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Cullen, Councilmembers Brien, Stehura, Noll and Schneider. (File
Resolution No. 97-2214)
Councilmember Noll moved to adopt Resolution No. 97-2215, selecting
the WP&L site, seconded by Councilmember Stehura and passed by the
following vote: Aye: Council President Cullen, Councilmembers
Brien, O'Leary, Stehura, Noll and Schneider. Nay: Councilme~ber
Westphal. (File Resolution No. 97-2215)
Council took no action on the proposed site at West Milwaukee and
North River Street. (File Resolution No. 97-2216)
NEW BUSINESS
1. A proposed resolution granting easements to Ameritech for
utility substations at 217 West Court Street and in Marquette Park
in the northeast corner of West State Street and Center Avenue.
Councilmember O'Leary moved to adopt said resolution, seconded by
Councilmember Noll and passed unanimously. (File Resolution No.
97-2210)
2. A proposed resolution authorizing the City Manager to accept
the donation of land within the 2100-2200 block of Afton Road north
of Markham Creek.
Councilmember Noll moved to adopt said resolution, seconded by
Councilmember Schneider and passed by the following vote: Aye:
Councilmembers Brien, O'Leary, Westphal, Noll and Schneider. Nay:
Council President Cullen and Councilmember Stehura. (File
Resolution No. 97-2207)
3. A proposed resolution authorizing the City Manager to enter
into an agreement with the Wisconsin Department of Transportation
for the improvement of the intersection of Wright Road and State
Highway 11.
Councilmember Westphal moved to adopt said resolution, seconded by
Councilmember Brien, and passed by the following vote: Aye: Council
President Cullen, Councilmembers Brien, O'Leary, Westphal, Noll and
Schneider. Nay: Councilmember Stehura. (File Resolution No. 97-
2217)
4. Report on City Council Priorities/Projects Status.
Council President Cullen postponed the report on City Council
priorities/projects status to the September 8, 1997 meeting.
5. Recommendations of the Transportation Committee:
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(A) A proposed ordinance requiring Conde Street to stop at its
intersection with Lafayette Street was introduced and scheduled for
public hearing on September 8, 1997. (File Ordinance No. 97-1146)
(B) A proposed ordinance reducing the speed limit on Ruger Avenue
between Wright Road and U.S. Highway 14 was introduced and
scheduled for public hearing on September 8, 1997. (File Ordinance
No. 97-1147)
6. A proposed ordinance increasing Code Administration permit
fees was introduced and scheduled for public hearing on September
8, 1997. (File Ordinance No. 97-1145)
7. A proposed ordinance rezoning property located at the
northeast corner of Stuart Street and North Wright Road from R3 to
O1 was introduced, referred to the Plan Commission and scheduled
for public hearing on September 22, 1997. (File Ordinance No. 97-
1144)
8. Matters not on the agenda.
Councilmember Brien requested the Administration delay the
excavation of LaFayette Street to avoid interference with the
LaborFest celebration.
9. 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 Westphal and passed
unanimously.
There being no further business, the Council convened into closed
session at 10:37 p.m.
These minutes are not official until approved by the City Council
Timothy L. Kitzman
Deputy Clerk-Treasurer