03-09-98PROCEEDINGS OF THE CITY COUNCIL
CITY OF JANESVILLE, WISCONSIN
REGULAR MEETING
MARCH 9, 1998
Approved March 23, 1998.
VOL. 48
NO. 3t
The regular meeting of the City Council of the City of Janesville held in the Municipal building on
March 9, 1998 was called to order by Council President Cullen.
Present: Council President Cullen, Councilmembers O'Leary, Stehura, Westphal, Noll, Schneider
and Brien.
Councilmember Stehura led the Council in the Pledge of Allegiance.
CONSENT AGENDA
Minutes of the regular meeting of February 23, 1998.
Minutes of the special meeting of February 28, 1998.
Licenses; and Recommendations of the Alcohol License Advisory Committee.
Waiver of special assessment procedure for storm sewer, sidewalk, and street lighting charges lbr
Certified Survey Map #97034-C.
Waiver of special assessment procedure for storm sewer and street lighting charges for Certified
Survey Map #97035-C.
Council President Cullen stated that the Consent Agenda would be approved if there were no
objections except for Edward Youderin's operator's license. There were no objections. Council
President stated for the record that Mr. Youderin was not present to discuss his ALAC negative
recommendation. Councilmember Stehura moved to deny an operator's licence to Mr. Youderin
seconded by Councilmember O'Leary and passed by the following vote: Aye: Councilmembers
Brien, O'Leary, Stehura, Westphal, Noll and Schneider. Nay: Council President Cullen.
(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.)
7. Action on a proposed resolution in commendation of Ronald C. Beatty's 35 years of service
to the City of Janesville. Councilmember Stehura moved to adopt said resolution, seconded by
Councihnember Schneider and passed unanimously. (File Res. No. 97-2267)
OLD BUSINESS
1. Requests and comments from the public on matters which can be aflbcted by Council action.
There were none.
2. A proposed ordinance amending the City's Subdivision Regulations allowing narrower street
right-of-way and street widths received its second reading and public hearing. No one spoke.
Councilmember Schneider moved to adopt said ordinance, seconded by Councilmember Noll and
passed unanimously. (File Ord. No. 98-1169)
3. A proposed ordinance amending the sign ordinance reducing the size and height of signs
within Sign District A and prohibiting blinking and flashing signs received its second reading and
public hearing. Diane Ebersberger, 3428 Cricketeer Drive, spoke in favor of the ordinance.
Attorney Tom Harnig, representing Vivid Inc., and Ron Kolwitz, 3017 Dartmouth Drive. spoke
against the ordinance. Council President Cullen stated the public hearing will be continued on
April 13, 1998. (File Ord. No. 98-1171)
4. A proposed ordinance rezoning land near the northeast corner of 1-90 and Milton Avenue
west of the Briar Crest Subdivision from R1 to B4 received its second reading and public hearing.
Attorney Mike Grubb, representing Ryan Brothers, and John Ryan spoke in t3.vor of the ordinance.
The tbllowing individuals spoke against the ordinance: Kathy Vosquil, 3417 Amhurst Road, Glen
Peal, 3425 Amhurst Road, Diane Ebersberger, 3438 Cricketeer Drive, Karen Kinkade, 3155 W.
Danbury Drive and Frank Poreno, 3804 Churchill Drive. Councilmember O'Leary moved to adopt
said ordinance with the following modification to Section II. 6: from ..a parcel greater than five acres
shall be subject... to ...a parcel of"five acres or greater" shall be subject... The motion was seconded
by Councilmember Westphal and passed by the following vote: Aye: Council President Cullen,
Councilmembers Brien, O'Leary, Stehura, Westphal and Schneider. Nay: Councihnember Noll.
(File Ord. #98-1170)
5. A proposed ordinance relocating the polling place from UW Center - Rock County to Edison
Middle School received its second reading and public hearing. No one spoke. Councihnember
Brien moved to adopt said ordinance, seconded by Councilmember Schneider and passed
unanimously. (File Ord. No. 98-1172)
6. The final resolution for Public Works Program #1-1998 received its public hearing. The
Ibllowing individuals spoke: Caryl Decker, 2807 Afton Road spoke in opposition to the program and
requested a 10-year deferment. Marc Siegel, representing Pine Tree Development, supported the
resolution. Council President Cullen divided the question and the Council would vote on Section
l and II tbr Center Avenue and Avalon Road improvements separately and Section IV for W. Court
Street, N&S River Street and W. Wall Street separately.
Councilmember Schneider moved to adopt said resolution, including 10 year non-use deferments
tbr: Jefii'ies Trust on Autumn Lane; Vic Little on Rockshire Drive; Carol Decker on Doe Drive; and
George Selvog on Marvog Drive. He also included the deletion of Drott Drive ti-om the program.
The motion was seconded by Councilmember Westphal and passed unanimously.
Councilmember Westphal moved to approve improvements for Center Avenue and Avalon Road
in Section I and II, seconded by Councilmember Schneider and passed by the following vote: Aye:
Council President Cullen. Councilmembers, Brien, Stehura, Westphal, Noll, and Schneider. Pass:
Councihnember O'Leary.
Councilmember Westphal moved to approve improvements for W. Court Street, N&S River Street
and W. Wall Street in Section IV, seconded by Councilmember Schneider and passed by the
following vote: Aye: Councilmembers Brien, O'Leary, Stehura, Westphal and Schneider. Nay:
Councilmember Noll. Pass: Council President Cullen.
Councilmember Schneider requested that the Administration prepare an agreement that the City will
waive Caryl Decker's special assessments if the future Highway 11 by-pass makes her property
undevelopable. (File Res. No. 98-2288)
7. Award of contracts A-L of Public Works Program #1-1998. Councilmember Westphal
requested that Contract K be voted on as a separate issue. Councilmember Westphal moved to
award Contracts A through J and L as follows:
Contract
Contract A Sewer & Water
Contract B Curb & Gutter
Contract C Paving
Contract D Limestone
Contract E Excavation
Contract F Seal Coat
Contract G Subdivision Street
Construction
Contract H Sidewalk Repl-I
Contract I Sidewalk Repl-lI
Contract J Police Dept
Remodeling
Contract L Brick Pavement
Awarded To
R. T. Fox Contractors, Inc.
J. L. Schultz, Inc.
Rock Road Companies, Inc.
Frank Bros.. Inc.
Rock Road Companies, Inc.
Struck & Irwin Paving, Inc.
Rock Road Companies, Inc. $
R. L. Venske & Son Const. Co. $
R. L. Venske & Son Const. Co. $
Magill Construction Company, Inc. $
Johnson Bros. $
Amount
$1.008,212.00
$ 673,905.00
$ 795,340.00
$ 367,200.00
$ 137,948.00
$ 54,646.40
410,447.50
109,205.00
109,205.00
104,877.00
23,600.00
The motion was seconded by Councilmember O'Leary and passed unanimously.
Councilmember Brien made a motion to award Contract K of Public Works Program # 1-1998 as
[Bllows:
Contract K Traffic Signals
Wisconsin Power & Light Co. $ 41.244.23
rFhe motion was seconded by Councilmember Noll and passed by the following vote: Aye: Council
President Cullen. Councilmembers Brien. O'Leary, Stehura, Noll and Schneider. Nay:
Councilmember Westphal.
8. Proposed ordinances requiring Newman Street to yield to N. Harmony Drive and changing
the yield requirement for Greenwich Lane yielding to Tamarack Lane to Tamarack Lane yielding
to Greenwich Lane (Ord. No. 98-1177) and designating Morningside Drive (East Milwaukee Street
to Mt. Zion Avenue) as a connecting arterial street (Ord. No. 98-1178) received their second readings
and public hearings. No one spoke. Councilmember Noll moved to adopt said ordinances, seconded
by Councilmember Schneider and passed unanimously. (File Ord. Nos. 98-1177 and 98-1178)
9. Proposed ordinances amending restrictions on parking during and after snow storms with the
penalty as provided in Section 10.40.170B (Ord. No. 97-1160), amending parking penalties (Ord.
No. 97-1161 ) and amending restrictions on depositing snow on streets, alleys and sidewalks with
the penalty as provided in Section 12.44.100 (Ord. No. 97-1162) received their second readings and
public hearings. No one spoke. Councilmember Noll moved to adopt said ordinances, seconded by
Councilmember Schneider and passed unanimously. (File Ord. Nos. 97-1160, 97-1161 and 97-
1162)
NEW BUSINESS
1. A proposed resolution acknowledging the City Council's review of the 1997 compliance
Maintenance Annual Report of the Wastewater Treatment Plant was presented. Councilmember
O'Leary moved to adopt said resolution, seconded by Councihnember Noll and passed unanimously.
(File Res. No. 98-2281)
2. Review of Development Agreement and acceptance m~d acquisition of Kettering Street/East
Rotamer Road right-of-way. Councilmember Schneider moved to adopt said resolution, seconded
by Councilmember O'Leary and passed by the following vote: Aye: Council President Cullen,
Councilmembers Brien, O'Leary, Stehura, Westphal and Schneider. Nay: Councilmember Noll.
(File Res. No. 98-2289)
3. A proposed ordinance rezoning property located at 221-225 West Milwaukee Street t?om B5
to B5 with Historic Overlay was introduced, referred to Plan Commission and scheduled lbr a public
hearing on April 13, 1998. (File Ord. No. 98-1176)
4. Matters Not on the Agenda.
Councihnember Stehura and Noll requested City Administration research zoning alternatives lbr
property annexed or being held for future development.
Councihnember Brien indicated he has received complaints from league golfers who are required
to pay a deposit tbr their tee times. He requested the administration look into this situation and
report back to Council.
There being no thrther business, the meeting was adjourned at 10:50 p.m.
These minutes are not official until approved by the City Council.
Jean Ann Wulf
City Clerk-Treasurer