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Minutes 05-08-06.doc PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING May 8, 2006 Approved: May 22,2006 VOL. 57 NO. 4 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on May 8, 2006. The meeting was called to order by Council President Tim Wellnitz at 7:00 p.m. Council President Tim Wellnitz led the Council in the Pledge of Allegiance. Present: Council President Tim Wellnitz, Councilmembers Brunner, Williams, Tom Wellnitz, Brien, DeGarmo and Addie. CONSENT AGENDA Minutes of the regular meeting of April 24, 2006. Minutes of the special meeting of April 26, 2006. Licenses; and Recommendations of the Alcohol License Advisory Committee. Council member Williams requested that Fusion 5 application for outdoor seating be removed from the consent agenda. Council President Tim Wellnitz stated the Consent Agenda would be approved, if there were no objections, except for Fusion 5's request for outdoor seating. Council member Brunner moved to approve Fusion 5's application and stipulated that only alcohol can be served with meals at the outdoor tables. Council member DeGarmo seconded the motion and it passed by the following vote: Aye: Council President Tim Wellnitz, Councilmembers Brunner, Tom Wellnitz, Brien, DeGarmo, and Addie. Nay: Council member Williams. Action on a proposed resolution recognizing the week of May 14, 2006 as "National Police Week" and the day of May 15, 2006 as "Peace Officer Memorial Day". Councilmember Brunner moved to adopt said resolution, seconded by Council member Tom Wellnitz and passed unanimously. (File Res. No. 2006-284) OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. There were none. Council President Tim Wellnitz stated that new business number 2 would be taken out of order and considered at this time. 2. New Business: Action on a proposed resolution authorizing the renaming of River's Edge Park to Firehouse Park and authorizing the Janesville Firefighters Union Local 580 to adopt and renovate said park. Council member Tom Wellnitz moved to adopt said resolution, seconded by Council member Brien and passed unanimously. (File Res. No. 2006-264) 2. Old Business: Council President Tim Wellnitz opened the public hearing on a proposed resolution for the 2006 New Sidewalk Program. Speaking in opposition to the proposed resolution were Dave Ortman, 3112 Crabapple Lane; Jim Wallace, 5638 W. Splendor Valley Drive (owner of Taasbags, 2339 Milton Avenue); Russ Degerman, 3120 Crabapple Lane and Charles Kuolt, 3104 Crabapple Lane. The public hearing was closed. Council member Williams moved to adopt said resolution and requested the Administration work with the property owners to minimize tree and light pole removal. Council member Brunner seconded the motion and it passed by the following vote: Aye: Council President Tim Wellnitz, Councilmembers Brunner, Tom Wellnitz, Brien, DeGarmo, and Williams. Nay: Council member Addie. (File Res. No. 2006-275) 3. Council President Tim Wellnitz opened the public hearing on a proposed final resolution for Public Works Bid Schedule "D" - 2006. No one spoke at the public hearing. Council President Tim Wellnitz continued the public hearing to May 22, 2006. (File Res. No. 2006- 285) 4. A proposed ordinance amending the zoning ordinance to establish Temporary Real Estate Sales Offices as a conditional use in the R1, Single and Two-Family Residence District, and R1 D, Two-Family Resident District, received its second reading and public hearing. The public hearing was opened. Carol Engebretson, Executive Officer of South Central Wisconsin Builders Association requested that this matter be postponed 60-90 days and allow the builders to work with the City redrafting this ordinance. Council President Tim Wellnitz postponed action on this matter indefinitely. (File Ord. No. 2006-321) 5. Action on a proposed resolution approving amendment No.2 to the project plan for TIF District No.8. Council member Tom Wellnitz moved to adopt said resolution, seconded by Council member Brunner and passed unanimously. (File Res. No. 2006-269) 6. City Manager's report. (A) Monterey Dam Upgrades. Michael Hayek, City Engineer, provided information on the history of the Monterey Dam and the scheduled 2006 dam repairs. Councilmembers Addie and Brien requested that the Administration determine whether certain areas of the dam should be closed or blocked off to protect the public from possible injuries. The City Manager stated that the Administration would review the situation and take the necessary actions. NEW BUSINESS 1. Recommendation of the Plan Commission: Action on a proposed resolution approving the Final Plat of Meadows Northeast Second Addition. Council member Williams moved to adopt said resolution subject to the payment of special assessments and the release of the previous Autumn Lane dedication. The motion was seconded by Council member DeGarmo and it passed unanimously. (File Res. No. 2006-281) 3. Review and approval of an economic development grant to Stadium Bar, LLC at 9 North Parker Drive. Council member Tom Wellnitz moved to approve said grant subject to the recording of a deed restriction which prohibits the use of the property as an adult entertainment establishment. Council member DeGarmo seconded the motion and it passed unanimously. 4. Action on a proposed resolution authorizing the issuance of $15,275,000 in Promissory Notes for financing various public purposes. Council member Williams moved to adopt said resolution, seconded by Council member Tom Wellnitz and it passed unanimously. (File Res. No. 2006-287) 5. Action on a proposal to declare the property located at 556 South Jackson Street to be surplus property. Council member Addie moved to refer this matter back to the Plan Commission and to have them hold a public hearing on whether the property should be donated to Habitat for Humanity. Council member DeGarmo seconded the motion and it passed unanimously. 6. Requests and comments from the public on matters which can be affected by Council action. Jeanine Zillmer, 5734 Highway 51 South, #2 and Andreah Briarmoon, 339 South Locust Street, requested that the Council stop the Administration from enforcing the demolition order for the carriage barn located at 1402 Court Street. 7. Matters not on the Agenda. Council member Brien requested that the Administration review and possibly take corrective action on the traffic congestion at Frostie Freeze and mark the handicapped stalls in the Plaza Parking lot. Council member Brunner commended the Good Neighbor Day participants. Also, he requested that the Administration check whether there is an abandoned trailer at 1108 Alpine Drive. Council President Tim Wellnitz reminded the Council that there was a MPO meeting on Wednesday, May 10, 2006 at the Speakeasy, 19 N. High Street. 8. There being no further business, Council member Tom Wellnitz made a motion to convene into closed session, pursuant to Wisconsin Statute Section 19.85(1 )(e) for competitive and bargaining reasons for the purpose of deliberating and establishing the negotiation terms and conditions concerning the potential lease of surplus City public property located at 200 West Milwaukee Street to Community Action of Rock and Walworth Counties, seconded by Council member Williams and passed unanimously. Council convened into closed session at 9:00 p.m. These minutes are not official until approved by City Council. Jean Ann Wulf City Clerk-Treasurer