Full Agenda Packet
CITY OF JANESVILLE
CITY COUNCIL MEETING AGENDA
MONDAY, December 28, 2009
7:00 P.M.
1. Call to Order and Pledge of Allegiance.
2. Roll Call.
3. Minutes of City Council meetings: “C”
A.Regular meeting of December 14, 2009.
B.Closed session of May 26, 2009.
C.Closed session of November 23, 2009.
4. Licenses; and Recommendations of the Alcohol License Advisory
Committee. (Refer to separate agenda.) “C”
5. Financial statement for the month of November, 2009. “C”
OLD BUSINESS
1. Requests and comments from the public regarding items on the Agenda not
requiring a public hearing.
2. Requests and comments from the public on matters which can be affected
by Council action.
NEW BUSINESS
1. Authorization for the City Manager to renew a lease of city-owned land
located at 700 South Jackson Street with Cindy Pelton, owner of the 708
Club, for a period of two years.
2. Matters not on the Agenda.
3. Consideration of a motion to convene into closed session, pursuant to
Wisconsin Statute Section 19.85(1)(e), for the purpose of deliberating or
negotiating the purchase of property for public purposes when competitive
or bargaining reasons require a closed session, specifically setting the
negotiating and bargaining terms and conditions for a proposed TIF 22
Development Agreement.
-----------------------
“C” – This designation indicates an item that the City Council will take up
under a Consent Agenda.
PROCEEDINGS OF THE CITY COUNCIL
CITY OF JANESVILLE, WISCONSIN
REGULAR MEETING
DECEMBER 14, 2009
VOL. 60
NO. 27
Regular meeting of the City Council of the City of Janesville held in the Municipal Building on December 14,
2009. The meeting was called to order by Council President Truman at 7:00 PM.
Present: Council President Truman, Councilmembers Brunner, McDonald, Rashkin, Steeber, and Voskuil.
Councilmember Perrotto was absent.
CONSENT AGENDA
Minutes of the regular meeting of November 23, 2009.
Minutes of the special meeting of November 25, 2009.
Minutes of the closed session of April 13, 2009.
Minutes of the closed session of June 8, 2009.
Licenses and Recommendations of the Alcohol License Advisory Committee.
Council President Truman removed The Music Room/The Circuit from the Consent Agenda. He stated that all
other items on the consent agenda would be approved if there were no objections. There were none.
Special Recognition: Action on a proposed resolution in commendation of David Burke’s 36 years of service
to the City of Janesville. Councilmember Steeber moved to adopt said resolution, seconded by
Councilmember McDonald and passed unanimously. (File Res. No. 2009-661)
Special Recognition: Action on a proposed resolution in commendation of Steven J. Kopp’s 32 years of
service to the City of Janesville. Councilmember Brunner moved to adopt said resolution, seconded by
Councilmember Steeber and passed unanimously. (File Res. No. 2009-663)
Special Recognition: Action on a proposed resolution in commendation of Steven W. Sutton’s 21.5 years of
service to the City of Janesville. Councilmember Steeber moved to adopt said resolution, seconded by
Councilmember McDonald and passed unanimously. (File Res. No. 2009-665)
Special Recognition: Action on a proposed resolution in commendation of Thomas R. Wolfram’s 24 years of
service to the City of Janesville. Councilmember Brunner moved to adopt said resolution, seconded by
Councilmember Steeber and passed unanimously. (File Res. No. 2009-664)
Appointment of Election Inspectors for 2010 and 2011. Councilmember McDonald moved to approve
appointment of election inspectors for 2010 and 2011, seconded by Councilmember Steeber and passed
unanimously.
OLD BUSINESS
1. Requests and comments from the public regarding items on the agenda not requiring a public hearing.
Michael Jacobson, 3105 Burdick Rd. and Alfred Lembrich, 541 Miller Ave., spoke against sidewalk permit fee
(New Business #4). Al Draeger, 4711 County G, and Chris Cass, 470 Mohawk Rd., spoke in favor of Council
supporting a skate park (New Business #2). Sean Hildebrandt, Jamie Jensen, and Stephanie Miller,
representing Parker High Schools Green Squad, spoke in favor of Recycling Away From Home program (New
Business #1).
2. Requests and comments from the public on matters which can be affected by Council action. Andreah
Briarmoon, 339 S. Locust St., requested Council schedule Board of Review on June 9, 2010, purchase riding
snow blowers for Fourth Ward neighborhood, and direct staff not to raze 201 Lynn St; stated Ward
Supervisors are required by City Ordinance.
Council President allowed public comment on the application for a change in alcohol license for 4M Ventures
(d/b/a The Music Room/The Circuit) at 18-24 S. River St. Jim Lebeau, 5125 Antwon Dr., Fitchburg, WI, spoke
against the license change. Kurt Miller, 7938 Hwy 59, Milton, WI, spoke in favor of license change. Council
President Truman moved to postpone any action until January 11, 2010, seconded by Councilmember
Rashkin and passed unanimously.
3. Authorization for the City Manager to enter into intergovernmental agreements with the State of Wisconsin
Department of Natural Resources (WDNR) indemnifying the City of Janesville for accepting deer carcasses for
disposal at the Janesville Municipal Landfill. Councilmember Steeber moved to authorize the City Manager to
enter into intergovernmental agreements with the WDNR indemnifying the City of Janesville for accepting deer
carcasses for disposal at the Janesville Municipal Landfill, seconded by Councilmember Rashkin and passed
unanimously.
4. Continued public hearing and action on a proposed charter ordinance amending the meeting time of regular
Common Council meetings from 7:00 PM to 6:30 PM on the second and fourth Mondays of the month. Tom
Brien, 807 Kellogg Ave., asked that public comment period not be before meeting; changes to charter
ordinances for a private business are not appropriate. The public hearing was closed. Councilmember
McDonald moved to adopt said charter ordinance with a change in meeting start time to 6:00 PM, seconded
by Councilmember Rashkin. Councilmember McDonald offered a friendly amendment to change the start time
to 6:30 PM; the seconder accepted the friendly amendment. Councilmember McDonald moved to postpone
until all Councilmembers are present, seconded by Councilmember Brunner and passed by the following vote:
Aye: McDonald, Steeber, Truman and Voskuil. Nay: Brunner and Rashkin. (Charter Ord. No. 2009-008)
Councilmember Steeber left the Council Chambers.
5. A proposed ordinance creating Chapter 18.80 airport overlay zoning district to the City of Janesville Zoning
Ordinance received its second reading and public hearing. Andreah Briarmoon, 339 S. Locust St., asked
Council to amend the ordinance to restrict jet traffic. The public hearing was closed. Councilmember Brunner
moved to adopt said ordinance, seconded by Councilmember Voskuil and passed unanimously. (File Ord. No.
2009-444)
Council President Truman combined New Business Items 6, 7 and 8.
6. A proposed ordinance attaching property located at 3123 South US Highway 51 received its second
reading and public hearing. (File Ord. No. 2009-445)
7. A proposed ordinance attaching and zoning to B4 property located at 3123 South US Highway 51
received its second reading and public hearing. (File Ord. No. 2009-446)
8. Action on a request for a Class A Fermented Malt Beverage License for Kwik Trip, Inc.
No one spoke. The public hearing was closed. Councilmember Brunner moved to adopt said Ordinance Nos.
2009-445 and 2009-446, and approve a Class A Fermented Malt Beverage License for Kwik Trip, Inc.,
seconded by Councilmember Voskuil and passed unanimously.
NEW BUSINESS
1. Presentation by Janesville Sustainable Committee on Recycling Away From Home Program.
Councilmember Rashkin moved to develop a Recycling Away From Home Program, seconded by
Councilmember Brunner and passed unanimously.
2. Discussion and possible action on skateboard park. Councilmember Rashkin moved to commit $50,000
toward funding of the skateboard park provided the Janesville Outdoor Skate Park can raise $250,000 by
12/31/2010 and refer site selection to the Leisure Services Committee for recommendation, seconded by
Councilmember McDonald and passed by the following vote: Aye: Brunner, McDonald, Rashkin, and Voskuil.
Nay: Truman.
3. Authorization for the City Manager to enter into a lease extension for the Tallman House with the Rock
County Historical Society. Councilmember Rashkin moved to authorize the City Manager to enter into lease
agreement #8, seconded by Councilmember Truman and passed by the following vote: Aye: Brunner,
Rashkin, Truman, and Voskuil. Nay: McDonald.
4. Discussion and direction to staff on the 2010 Sidewalk Program. By consensus the Council directed staff to
delay implementation of the unfunded sidewalk program until 2011, begin a sidewalk maintenance program in
coordination with the street rehabilitation program, and return to Council with a sidewalk permit fee that is
lower then the currently proposed $185.
5. Action on a proposed resolution authorizing the acquisition and demolition of real properties located at 1708
Charles St. and 1709 Joseph St. for open green space. Councilmember McDonald moved to adopt said
resolution, seconded by Councilmember Voskuil and passed unanimously. (File Res. No. 2009-662)
6. Action on a proposed resolution authorizing the acquisition and demolition of 404 Johnson St.
Councilmember McDonald moved to adopt said resolution with a change in relocation costs to $8,500,
seconded by Councilmember Voskuil and passed unanimously. (File Res. No. 2009-654)
7. Award of Contract C2009-29 (Landfill Gas Collection System – Phase 1) for Public Works Bid Schedule “L”–
2009. Councilmember Voskuil moved to award said contract to Terra Engineering and Construction
Corporation of Madison, WI for $128,623.75, seconded by Councilmember McDonald and passed
unanimously.
8. Confirm Council President appointments to the Ice Skating Advisory Committee. Councilmember McDonald
moved to approve the Council President’s committee appointments to the Ice Skating Advisory Committee,
seconded by Councilmember Voskuil and passed unanimously.
9. A proposed ordinance amending the City’s Building, Vehicles and Traffic, and Housing Regulations
regarding fees for re-inspections received its first reading and was scheduled for a public hearing on January
11, 2010. (File Ord. No. 2009-447)
10. Matters not on the agenda. Councilmember Voskuil would like a bus shelter installed at Highway 26 and
Kettering; asked what happens to ticketed cars that are not moved during snow emergency. Councilmember
McDonald asked Administration to look at St. Lawrence, Division and Van Buren Sts. to clear sidewalks;
asked Administration to look at expanding print capabilities for Council packets from the City website. Council
President Truman asked Administration to look at possible snow removal violations at the old Cronens on
Delavan Dr.; requested Administration provide Council with an update on Case Feed building.
Councilmembers McDonald, Truman, and Voskuil thanked staff for excellent work on snow removal.
11. Councilmember McDonald moved to convene into closed session pursuant to Wisconsin Statute Section
19.85(1)(e) for the purpose of deliberating or negotiating the purchase of property for public purposes when
competitive or bargaining reasons require a closed session, specifically setting the negotiating and bargaining
terms and conditions for: (1) potential acquisition of flood-damaged property located at 1110 Hamilton, and
(2) a proposed TIF 22 Development Agreement; and 19.85 (1)(c) for the purpose of considering the
employment, promotion, compensation, or performance evaluation data of any public employee over which the
governmental body has jurisdiction or exercises responsibility, specifically the annual evaluation of the City
Manager’s performance, seconded by Councilmember Voskuil and passed unanimously.
There being no further business, Council convened into closed session at 12:00 AM.
These minutes are not official until approved by the City Council.
David T. Godek
Deputy Clerk-Treasurer
JANESVILLE CITY COUNCIL
LICENSE AGENDA
12/28/2009
RECOMMENDED
A. ELECTRICIANS – ORIGINAL
James M. Bushelle 4042 Saratoga Dr.
Jeffrey D. Surges 11340 W. Forest Home Ave., Franklin, WI
ACCOUNTING DIVISION MEMORANDUM
December 18, 2009
TO: City Council
FROM: Patty Lynch, Comptroller
SUBJECT: Financial Statement for the Month of November 2009
The City prepares its Financial Statements in accordance with generally accepted
accounting principals using the modified accrual method of accounting and is audited
annually by Baker Tilly Virchow Krause, LLP. We prepare interim financial statements for
the Council’s review on a monthly basis. Division and Department Heads are responsible
for monetary expenditures to ensure budget compliance. Revenues and expenditures are
projected to year-end in June and September.
Key operating funds include the General Fund, Water and Wastewater Utilities, and
Sanitation Fund. A summary of their performance to budget, as compared a three-year
average, is presented in the following graphs.
EXPENDITURE SUMMARY
The graph below indicates expenditures are being made according to budget. Sanitation is
under budget trends due to the reduced volume of refuse at the landfill.
Year-To-Date November ExpendituresCompared to Three-Year Average
Current YTD3 Yr. Avg.
100%
90%
Percent of Total Budget
80%
70%
60%
50%
40%
30%
20%
10%
0%
General FundWater -Wastewater -
OperatingOperatingSanitation
November 2009 Financial Statement
December 18, 2009 Page 2
REVENUE SUMMARY
The graph below indicates General Fund and Wastewater revenue has been earned as
anticipated. Water is under trend due to the delayed implementation of the rate increase.
Sanitation fund is below trend due to decreased tonnage of waste collected at the landfill.
Year-To-Date November RevenuesCompared to Three-Year Average
Current YTD3 Yr. Avg.
140%
120%
Percent of Total Budget
100%
80%
60%
40%
20%
0%
General FundWaterWastewaterSanitation
Other items of interest in the Financial Statement are as follows:
Proprietary Funds (page 4)
?
The Stormwater Utility has a deficit operating cash balance of $424,284 at November
30, 2009. This is because revenue is billed on a quarterly basis (approximately
$483,450) after expenditures have been made.
?
Transit reports a negative cash balance of $266,616 due to the timing of grant
reimbursements.
Special Revenue Fund Balance (page 5)
?
TIF 3 has a positive balance of $285,955. The positive balance will be used to repay
the general fund advance plus accrued interest.
?
At October 31, 2009, the TIF districts have a combined deficit fund balance of
$1,300,762. However, TIF projections indicate the districts will reach a positive fund
balance before they expire.
?
Landfill long-term care of site #3023 ($195,994) will be reimbursed by an insurance
policy we have in place for post closure care.
November 2009 Financial Statement
December 18, 2009 Page 3
Capital Projects Fund (page 6)
?
The Riverfront Property Acquisition account has a deficit balance of $214,919 primarily
due to the purchase of the Westphal and Energetics properties. Funding will be
provided by a Janesville Foundation Riverfront Reclamation Grant.
?
The City incurred expenditures in conjunction with road projects on Highway 11 from
Wright Road to Highway 14 ($186,799). These costs will be funded with future special
assessments or General Obligation note issue.
?
Note proceeds of $10,825,000 have been recorded in November in the Capital Projects
fund.
A representative of the Administrative Services Department will be available at the Council
Meeting on December 28 to respond to any questions Council may have relative to these
reports. Once Council is satisfied, acceptance of the Financial Statement by consent and
placing them on file would be in order.
/Attachments
cc: Jacob J, Winzenz, Director of Administrative Services
Eric J. Levitt, City Manager
Economic Development Department Memorandum
December 21, 2009
TO: City Council
FROM: Vic Grassman, Economic Development Director
SUBJECT: Authorization for the City Manager to Renew a Lease of City-
Owned Land Located at 700 S. Jackson Street with Cindy Pelton,
owner of the 708 Club, for a Period of Two Years.
Executive Summary
On November 12, 2007, the Janesville City Council adopted Resolution No.
2007-448 approving a lease with Cindy Pelton, for city owned property located at
700 S. Jackson St. (SW corner of Rockport Road and South Jackson St.). Ms
Pelton owns an adjacent property known as Club 708 and wanted to use the City
property for customer parking. This was a two year lease for the period of
January 1, 2008 to December 31, 2009. The lease rate is $65.00/month and the
lessee is responsible for garbage pickup, snow removal and general
maintenance. The Lessee is asking for a two-year renewal to begin January 1,
2010 and end December 31, 2011.
Staff Recommendation
Staff recommends renewal of this lease for another two year period.
City Manager Recommendation
The City Manager concurs with the recommendation.
Suggested Motion
I move to authorize the City Manager to renew the lease with Cindy Pelton for
City-owned land located at 700 S. Jackson Street for a period of two years.
Background
The City acquired the land at 700 S. Jackson Street approximately 30 plus years
ago as part of a long-term strategy to reconfigure the intersection of Jackson
Street and Rockport Road. The City owns land at three (3) of the four (4) corners
of this intersection. The City has no immediate plans for this site.
Analysis
This lease renewal is for the city-owned land at 700 S. Jackson Street to provide
off-street parking for an adjacent commercial business, Club 708 owned by the
Lessee. It is for the north 60 feet of Lot 16, Riverside Addition, except of the
portion used for street right-of-way. The lease renewal would continue at the
previous rate of $65.00/month and the lessee would be responsible for
maintenance as well as keeping the leased premises in good and responsible
repair. The lessee will also hold the lessor harmless against any claims,
lawsuits, payments or demands due to injuries and/or damages. Because the
City does not have any immediate plans for the property, it would be appropriate
to continue the lease with Ms. Pelton thus generating monthly income and
avoiding maintenance costs.
cc: Eric Levitt
Jacob Winzenz