11-10-97PROCEEDiNGS OF THE CITY COUNCIL
CITY OF JANESVILLE, WISCONSiN
REGULAR MEETING
NOVEMBER 10, 1997 g-pp roved 11 / 24 / 97.
VOL. 48
NO. 21
A regular meeting of the City Council of the City of Janesville held in the Municipal building on
November 10, 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 special meeting held October 20, 1997
Minutes of the special meeting held October 22, 1997
Minutes of the regular meeting held October 27, 1997.
Minutes of the closed session held October 27, 1997.
Licenses; and Recommendations of the Alcohol License Advisory Committee.
Approval of final Certified Survey Map #97069-C, F&C Austin Land Corporation, 1 lot on State H~W. 11.
Approval of final Certified Survey Map #97070-C, Mansur Holdings, LLC, 1 lot on Kennedy Road.
Approval of final Certified Survey Map #97056-C, Mike Morris, 3 lot survey located at the northwest comer
of Alton Road and Tripp Road.
Councilmember Schneider stated for the record that he would pass on the approval of final Certified S~arvey
Map #97069-C because of a conflict of interest. Council President Cullen stated that the Consent Agenda
would be approved except for the Class B license for Marco Marquez, d/b/a La Hacienda. There being no
objections, the Consent Agenda was approved.
(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.)
Attorney John Kasimatis, representing Marco Marquez, requested the Council approve his client's
application for a Class B license. Councilmember Stehnra moved to approve a Class B license to Marco
Marquez, conditioned upon the applicant signing a relinquishment form which will return the license ~Io the
City on February 1, 1998 if he has not opened his restaurant. Seconded by Councilmember Noll and passed
by the following vote: Aye: Council President Cullen, Councilmembers Brien, Stehura, Westphal, No[l and
Schneider. Passed: Councilmember O'Leary.
OLD BUSINESS
1. Requests and comments from the public on matters which can be affected by Council action. Mort
Enright, 223 N. Grant Avenue, stated he had a petition signed by 180 seniors that oppose the Senior (:'enter
user fee and supported the level of service that is currently given at the Center.
2. Continuation of the public hearing and action on a proposed final resolution for Public Works
Program #4-1997. Doug Marklein, 3919 Dorchester Drive, spoke in favor of the resolution. Patricia Dye,
1020 Norwood Drive, requested that the traffic signals on the corner of E. Memorial Drive and Milton
Avenue be changed to allow pedestrians more time to cross the street. The following individuals stated their
opposition to said resolution:
Sharon Tourdot, 508 E. Memorial Drive Charles T. Sanford, 1200 N. Parker Drive
Jody Knapp, 745 Yuba Tessa Falk, 801 Cornelia
Elaine Sessler, 804 Sutherland Avenue Larry Schomber, 833 Eisenhower
Philip Schuman, 508 E. Memorial Drive Jim Bahler, 404 N. Washington
Gerald Mauch, 1145 E. Memorial Drive Bruce Briggs, 803 E. Memorial
Bud Wirth, 745 Cornelia Street
A listing of names opposed to the widening of Memorial Drive was presented to the Council.
Councilmember O'Leary moved to adopt said resolution, seconded by Councilmember Westphal.
Councilmember Noll moved to amend the motion by waiving all assessments to the property owner,
seconded by Councilmember Schneider and passed unanimously. Council voted on the main motion and
it passed by the following vote: Aye: Council President Cullen, Councilmembers O'Leary, Stehura and
Westphal. Nay: Councilmembers Brien, Noll and Schneider. (File Res. No. 97~2247)
3. Public hearing and action on a request for a variance to the 2000 foot CLA spacing requirements for
property located at 825 Fremont Street. Council President Cullen stated the applicant had withdrawn the
petition and no action was necessary.
4. A proposed ordinance annexing land located between East Rotamer Road and USH 14 east and south
of Briar Crest Subdivision received its second reading and public hearing. Councilmember O'Leary and City
Manager Sheiffer stated that they had a conflict of interest on the current and next items and would ahstain
from all discussion and left the Council Chambers. The following individuals supported said ordinance:
Tim Weber, 3704 Buckingham Drive
Harry O'Leary, Sr., 3901 W. Rollingwood Drive
Tom Wellnitz, 619 Littlefield Drive
The following individuals opposed said resolution:
Gary Garlock, 737 Lyndhurst Drive
Roger Fanning, Chairman of the Harmony Township Board.
Councilmember Westphal moved to adopt said ordinance, seconded by Councilmember Schneider, and
passed unanimously. (File Ord. No. 97-1132)
5. A proposed ordinance zoning land located between East Rotamer Road and USH 14 east and south
of Briar Crest Subdivision to RI and R3 upon annexation received its second reading and public hearing.
The following individuals supported said ordinance:
Harry O'Leary, Sr., 3901 W. Rollingwood Drive
Michael Gilbertson, 2804 Dartmouth Drive
Tim Weber, 3704 Buckingham Drive
David Siker, 4115 Eastridge Drive
Don McGrath, 4135 C astlemoor Drive
The following individuals stated their opposition to said resolution:
Sue Boettcher, 3825 E. Rotamer Road Frank Perrotto, 3315 Newcastle Drive
Irene Stewart, 3222 E. Danbury Drive Herbert Mandell, 3520 E. Rotamer Road
Linda Yeadon, 3751 E. Rotamer Road Todd Keeser, 4234 N. Galaxy Drive
Julie Hoffarth, 3801 E. Rotamer Road Mary Beth Krzinsnik, 3412 Briar Crest Drive
Glen Hoffarth, 3801 E. Rotamer Road
Councilmember Westphal moved to adopt said ordinance, seconded by Councilmember Schneider.
Councilmember Westphal moved to amend the motion by changing the R3 zoning to Al for the purpose of
allowing the developers and neighbors to meet and work out a possible compromise, seconded by
Councilmember Schneider. Councilmember Noll moved to amend the amendment by changing the A1
zoning to R1 zoning, seconded by Councilmember Brien. Councilmember Stehura raised a point of order
on whether it is correct to have an amendment to an amendment. Council President Cullen, on advice from
the City Attorney, stated that the motion was valid. The Council voted on the amendment changing it from
A1 to RI and it failed by the following vote: Aye: Councilmembers Brien, Stehura and Noll. Nay: Council
President Cullen, Councilmembers Westphal and Schneider. The Council voted on the amendment to change
the zoning from R3 to A1 and it passed by the following vote: Aye: Council President Cullen,
Councilmembers Westphal, Noll and Schneider. Nay: Councilmembers Brien and Stehura. The Council
voted on the main motion and it passed unanimously. (File Ord. No. 97-1133)
6. Public hearing on 1998 proposed City and Library budgets.
Councilmember O'Leary and City Manager Sheiffer returned to the Council table. Tom Wiese, 4319
Pheasant Run, stated his concern that Wisconsin is the second highest state in the nation for taxes;. He
suggested that the newsletter and the citizen survey be eliminated from the budget. He also suggested taking
the surplus cash from the Utilities and applying it toward the tax levy. Harold Robb and Klm Emerson,
representing the Rotary Gardens Board, requested the Council allocate 5% of the City's portion of the room
tax to their organization. Vern Morris, representing the Cable Advisory Committee, stated his support for
the 1998 JATV budget. Jim Bahler, 404 N. Washington Street, stated the Police department should focus
their efforts on lowering the crime rate instead of writing traffic tickets. Doug McLay, 3905 Springhill
Drive, stated his opposition to the elimination of commercial solid waste collection. He requested that the
Council add this service back for individuals who own rental property.
7. A proposed ordinance and adoption of Council Policy No. 76 establishing special assessments for
street lighting received its second reading and public hearing. Doug Marklein, 3919 Dorchester, and Tom
Wellnitz, 619 Littlefield, opposed said ordinance because the lighting of public streets is a public safety issue
and should be absorbed by the general public. Councilmember Brien moved to adopt said ordinance and
approve Council Policy No. 76, seconded by Councilmember Cullen. Councilmember Brien moved to
amend the motion by reducing the street light assessment from 100% of the cost to 50% of the cost, seconded
by Councilmember Noll and passed by thc following: Aye: Council President Cullen, Councilmembers
Brien, Noll and Schneider. Nay: Councilmembers O'Leary, Stehura and Westphal. Council voted on the
main motion and it passed by the following vote: Aye: Council President Cullen, Councilmembers Brien,
Noll and Schneider. Nay: Councilmembers O'Leary, Stehura and Westphal. (File Ord. No. 97-1153)
8. Continuation of a public hearing on a proposed revised ordinance rezoning land located east of CTH
F from (A) Agricultural to (M) Mining. Jim Thorpe, representing Janesville Sand and Gravel, stated his
support for said ordinance. Councilmember Schneider moved to adopt said ordinance, seconded by
Councilmember Noll. Councilmembers O'Leary and Westphal offered a friendly amendment to delete
Section D. 1 of the Mining and Reclamation Plan which required a definite mining schedule or depth fi)r the
area proposed to be rezoned. The friendly amendment was accepted and the Council adopted said ordinance
unanimously. (File Ord. No. 97-1148)
Council President Cullen stated the Council would act on New Business 1. at this time. Action on a
proposed resolution approving an amendment to the 1972 purchase agreement with Janesville Sand & Gravel
Company. Councilmember Schneider moved to adopt said resolution, seconded by Councilmember Noll
and passed unanimously. (File Res. No. 97-2245)
Old Business 9. A proposed ordinance rezoning property located in the 2500 block of Randolph Road
from Conservancy to R1 received its second reading and public hearing. No one appeared for the public
hearing. (File Res. No. 97-1152)
Councilmember O'Leary moved to adopt and/or approve the rest of the agenda as recommended by the City
Administration, seconded by Councilmember Schneider and passed unanimously. The following items were
approved:
10. The bid for the reconstruction of East Memorial Drive was awarded to Rock Road Companies;, Inc.
in the amount of $451,581.50.
NEW BUS1NESS
2. The City Council approved the reduction of the interest rate from 8.50% to 5.31% for special
assessments levied against Mount Olivet Cemetery.
3. The City Council appointed Mr. Michael Sheridan to fill the vacancy on the Community
Development Authority with his term expiring at the end of April, 2000.
4. The Council adopted a proposed resolution authorizing the filing of an application with the State
Historical Society of Wisconsin for a 1998 Historic Preservation Grant. (File Res. No. 97-2248)
5. The City Council adopted a proposed resolution releasing a road reservation on the north side of
Avalon Road west of South Oakhill Avenue. (File Res. No. 97-2251)
6. A proposed ordinance authorizing a wastewater rate adjustment was introduced and scheduled for
public hearing on November 24, 1997. (File Ord. No. 97-1156)
7. Matters not on the Agenda. There were none.
There being no further business, the Council adjourned at 1:00 a.m.
These minutes are not official until approved by the City Council.
Jean Ann Wulf
City Clerk-Treasurer