05-11-98PROCEEDINGS OF THE CITY COUNCIL
CITY OF JANESVILLE, WISCONSIN
REGULAR MEETING
MAY 11, 1998
VOL. 49
NO. 3
Regular meeting of the City Council of the City of Janesville held in the Municipal building on May 11,
1998.
The meeting was called to order by Council President O'Leary.
Present: Council President O'Leary, Councilmembers Westphal, Murphy, Stehura, Brien, and Schneider.
Absent: Councilmember Noll.
CONSENT AGENDA
Minutes of the regular meeting of April 27, 1998.
Licenses; and Recommendations of the Alcohol License Advisory Committee.
Action on Final Certified Survey Maps:
1. #98029-C, 2 lots on Black Bridge Road.
2. #98030-C, 3 lots on Dresser Drive.
3. #98031-C, 1 lot on Shannon Court.
Waiver of special assessment procedure for sanitary sewer and water mmn charges for an easement adjacent
to Shannon Court.
Councilmember Brien stated he would be abstaining from voting on the renewal application for Local 95
UAW.
Council President O'Leary stated the Class B Club renewal application for Local 95 UAW would be taken
up separately and the balance of the Consent Agenda would be approved if there were no objections. There
were no objections.
Councilmember Stehura moved to approve a Class B Club Intoxicating Liquor & Fermented Malt Beverage
license to Local 95 UAW, seconded by Councilmember Schneider and passed with the following: Aye:
Council President O'Leary, Councilmembers Westphal, Murphy, Stehura, and Schneider. Pass:
Councilmember Brien.
(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.)
OLD BUSINESS
1. Requests and comments from the public on matters which can be affected by Council action.
There were none.
2. A proposed resolution authorizing the abandonment and transfer of a nondedicated park road in Monterey
Park to the Janesville School District.
Councilmember Schneider moved to adopt said resolution, seconded by Councilmember Brien and passed
unanimously. (File Resolution No. 98-2306)
3. A proposed revised resolution vacating a portion of East Delavan Drive right-of-way between Todd
Drive and the eastern City limits received its public hearing. No one appeared for the hearing.
Councilmember Schneider moved to adopt said revised resolution, seconded by Councilmember Brien and
passed unanimously. (File Revised Resolution No. 98-2287)
4. A proposed ordinance rezoning property located at 1101 Burbank Avenue from B3 to Ri received its
second reading and public hearing. No one appeared for the hearing.
Councilmember Stehura moved to adopt said ordinance, seconded by Councilmember Westphal and passed
unanimously. (File Ordinance No. 98-1181)
5. A proposed revised ordinance rezoning property located at 906 West Racine Street from R2 to O1
received its second reading and public hearing. Council President O'Leary combined action with New
Business item 1: A proposed resolution approving an offer to purchase the former fire station no. 2 at 906
West Racine Street. (File Resolution No. 98-2312)
Valerie Fjalstad, 3957 South Alton Road, Beloit, asked Council to accept her offer to purchase the building.
Dora Goldsworthy, 1721 Central Avenue, Beloit, and Lisa Oberbruner, 418 South Academy Street, spoke
in support of the sale to Valerie Fjalstad. Speaking in support of the Janesville Little Theatre's offer to
purchase were: Mike Casey, 4434 South Wyck Drive; Elizabeth and Russ French, 406 Clearview Court.
Charlene Meildejohn, 408 Linn Street, opposed using the building as a day care center.
Councilmember Westphal moved to adopt Resolution No. 98-2313 and accept the offer to purchase from
Valerie Fjalstad, seconded by Councilmember Brien and failed on the following vote: Aye: Councilmembers
Westphal, Murphy, and Brien. Nay: Council President O'Leary, Councilmembers Stehura and Schneider.
(File Resolution No. 98-2313)
Councilmember Brien moved to accept the offer to purchase from Janesville Little Thealre. Motion died for
lack of second.
Councilmember Schneider moved to direct the Administration to negotiate a lease with the Janesville IJ~ttle
Theater and return to the Council for review, seconded by Council President O'Leary, and passed with the
following vote: Aye: Council President O'Leary, Councilmembers Stehura, Brien, and Schneider. Nay:
Councilmembers Westphal and Murphy. Council President O'Leary continued the public hearing on Revised
Ordinance No. 98-1183 for 2 weeks.
6. Council President O'Leary opened the continued public hearing on proposed Revised Ordinance No. 98-
1171 which amends the sip ordinance to reduce the size and height of sips within Sip District A and
prohibits blinking and flashing sips.
Attorney Tom Hornig, 2957 Dartmouth Drive, representing James Campbell and Vivid Sip Company,
spoke in support of the proposed ordinance and submitted an amendment for Council's consideration. Vic
Boyer, 222 North Franklin, representing Forward Janesville, spoke in favor of the proposed ordinance.
Attorney Michael Grubb, 1 East Milwaukee Slreet, representing the Ryan family, asked Council to eliminate
the 500 foot distance requirement. Attorney Fred Wesner, 100 South Main Street, representing Norm
Weitzel, spoke in favor of the proposed ordinance and the proposed amendment submitted by Attorney
Hornig.
Councilmember Westphal moved to adopt said ordinance with the following amendments: 1). Delete
Section I. (3) (d); 2). Add the following to Section III. (C) "Nonconforming sips shall be removed when
the principal structure located on the premises undergoes a change of use. For purposes of this section.
change of use shall mean any use which is substantially different from the previous use of the building or
land. All sips advertising the new use shall be broup~ht into compliance with this code or removed within
90 days." 3). Amend Section I. (3) (f) to read "400 feet". Seconded by Councilmember Murphy. By friendly
amendment, the word "substantially" was deleted from Section III. (C).
Council President O'Leary moved to amend said ordinance as amended with Section I. (3) (f) to read "500
feet based on a conditional use permit", seconded by Councilmember Stehura and passed with the following
vote: Aye: Council President O'Leary. Councilmembers Stehura. Brien. and Schneider. Nay:
Councilmembers Westphal and Murphy.
Council then voted on the ordinance as amended and passed with the following vote: Aye: Council President
O'Leary. Councilmembers Westphal. Murphy. Stehura. and Schneider. Nay: Councilmember Brien. (File
Revised Ordinance No. 98-1171)
7. A proposed resolution approving an amendment to the project plan for TIF District No. 6.
Councilmember Schneider moved to adopt said resolution, seconded by Councilmember Brien and passed
unanimously. (File Resolution No. 98-2302)
8. A proposed resolution approving a TIF Development a~eement with Mansur Holdings. LLC for an
industrial project located within TIF District No. 6.
Councilmember Schneider moved to adopt said resolution, seconded by Councilmember Brien and passed
unanimously. (File Resolution No. 98-2311)
NEW BUSINESS
2. Review of Bond Park renovation project.
Council review plans for the Bond Park renovation and took no action.
3. A proposed ordinance establishing a Weights And Measurements pro.am was introduced and scheduled
for public hearing on May 26. 1998. (File Ordinance No. 98-1190)
4. A proposed ordinance desi~ating North and South Franklin Street between Dodge and Wall Streets as
a two-way street (Ordinance No. 98-1186) and a proposed ordinance eliminating the stop requirement for
westbound Wall Street ll-a2~lC turning northbound onto North Franklin Street (Ordinance No. 98-1187) were
introduced and scheduled for public hearing on May 26. 1998.
5. A proposed ordinance rezoning property located at 2016-2018 and 2024-2026 Green Valley Drive from
Ri to R3 was introduced, referred to the Plan Commission. and scheduled for public heating on June 8. 1998.
(File Ordinance No. 98-1185)
6. A proposed resolution vacating an alley between North Palm and North Chatham Slreets was referred to
the Plan Commission and scheduled for public hearing on June 22. 1998. (File Resolution No. 98-2309)
7. A proposed ordinance annexing property located north of Hip~hway 14 and east of Wrip~ht Road was
introduced and scheduled for public hearing on June 8. 1998. (File Ordinance No. 98-1188)
8. A proposed ordinance zoning property located north of HiF:~hway 14 and east of WriF:~at Road to Ri upon
annexation was introduced, referred to the Plan Commission and scheduled for public hearing on June 8,
1998. (File Ordinance No. 98-1188)
9. Matters not on the Agenda.
By consent, Council requested ALAC materials be limited to minutes, license listing, and information
regarding negative recommendations.
Council President O'Leary scheduled a site tour for 4:00 P.M. on May 28, 1998.
10. Closed Session.
Councilmember Westphal moved to convene into closed session per Wisconsin Statute Section 19.85 (1)
(e) for the purpose of deliberating or negotiating the purchase 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 Brien and passed unanimously.
There being no further business, Council convened into closed session at 10:11 p.m.
These minutes are not official until approved by the City Council.
Timothy L. Kitzman
Deputy Clerk-Treasurer