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Minutes 05-29-2007 PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING Approved: June 11, 2007 May 29, 2007 VOL. 58 NO. 6 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on May 29, 2007. The meeting was called to order by Council President Brunner at 7:00 p.m. Councilmember Steeber led the Council in the Pledge of Allegiance. Present: Council President Brunner, Councilmembers DeGarmo, Loasching, Steeber, Truman, Wellnitz and Williams. CONSENT AGENDA Minutes of the special meeting of May 9, 2007. Minutes of the regular meeting of May 14, 2007. Minutes of the closed session of May 14, 2007. Minutes of the special meeting May 15, 2007. Minutes of the closed session of May 15, 2007. Licenses; and Recommendations of the Alcohol License Advisory Committee (ALAC). (No license agenda.) Financial statement for the month of April, 2007. Waiver of special assessment procedures for storm sewer and sidewalk charges for CSM 07009, D & B Janesville, LLC. Waiver of special assessment procedures for storm sewer, sidewalk, and street light charges for CSM 07003, Boettcher. Authorization for the Administration to approve a settlement for a liability claim received from General Casualty on behalf of Town & Country Sanitation in the amount of $8,565.66. Council President Brunner stated that the Consent Agenda would be approved if there were no objections. There were none. A proposed resolution recognizing the month of May, 2007 as “Health Care Reform Awareness Month”. Councilmember Williams moved to adopt said resolution, seconded by Councilmember Steeber and passed unanimously. Rob Wilkinson, representing the AARP State Advocacy Council, accepted the resolution. (File Res. No. 2007-409) OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. Karl Dommershausen, 103 South Jackson Street, stated his support for the three downtown TIF development resolutions (Nos. 2007-402, 2007-403 and 2007-405). Jim Halbach, representing a coalition of bar owners, stated he coordinated the donations for the th Janesville Jaycees 4 of July celebration. In addition to his contribution, the following bars donated $1,000 each towards the celebration: Bad Brads, Dino’s Westside Pub, Dool’s Pub and Grub, Quotes Bar and Grill, Taasbags, Weirdo’s Bar and Grill, Park Place Pub, Wedges, Looking Glass, Legends, Hammy’s Roadside Bar and Grill, East Point Sportz Pub and Quaernas. He requested that the City Council waive the special event fees for the Jaycees. Council President Brunner stated that the Council would consider New Business #1 next. th 1. Action on a request to waive the special event fees for the Janesville Jaycees 4 of July celebration. Councilmember Truman moved to waive the fees, with the exception of the $10 temporary alcohol license fee, seconded by Councilmember Steeber and passed unanimously. Councilmember Truman and Council President Brunner stated that the Janesville Jaycees should begin planning for next year’s event so that they are not faced with a last minute financial crisis. Tom Clayton, representing the Janesville Jaycees, stated that the donations would allow the Jaycees to make a profit this year and to help offset next year’s expenses. 2. Action on a proposed final resolution for the 2007 New Sidewalk Program received it public hearing. The hearing was opened. The following City of Janesville residents were opposed to sidewalks at the following locations: Coventry Drive from Briarcrest Drive to 94’ South of Westminster Drive: Ann Addie; o Amhurst Road from 135’ North of Briarcrest Drive to 464’ South of Westminster Road: o Gary Carlisle, Joseph Skalecki and Don Dean; North Wright Road from 468’ South of Sandhill Drive to 187’ North of USH 14-Humes o Road: Doug Marklein; Mackinac Drive from Shannon Drive to 140’ East of Holly Drive: Bob Will, Virginia o Cieslewicz and Doug Marklein; Kenwood Avenue from 594’ West of Huron Drive to South Pontiac Drive: Gary Bursell; o Ruger Avenue from Campus Lane to South Harmony Drive: Gail Shumate, Robert o Yeomans and John Hoff; North Grant Avenue from Highland Avenue to West Memorial Drive: Kathy Harris, Steve o Lathrop, Dennis Elmer, Lori Brisboise, Kurt Lichtfuss, Andrea Speer and Dick Lambrecht; Highland Avenue from North Grant Avenue to North Crosby Avenue: Doug Blum, o Teresa Blum and Jeff Huber; South Washington Street from Joliet Street to Nicolet Street: Dale Berlin and Orville o Cook; Crestview Street from South Chatham Street to 79’ East of South Walnut Street: Bette o Jones, Martha Magee, Scott Kriefall, Brad Deremer, Mark Franklin, Frank Drew and Chad Beeler; South Willard Avenue from King Street to Kellogg Avenue: Connie Steinke; o Lapidary Lane from Balmoral Drive to Tripp Road: Gerard Wolter, Colleen McKearn, o David McCann, Harry Biggerstaff and Albert Kiifner. Jim Heine requested information concerning who is responsible for the sidewalk assessment payment when the property is classified as a condo. Mark Zastrow spoke in favor of sidewalks, but requested a two-year payment plan without interest. Councilmember Williams moved to adopt said resolution, seconded by Councilmember Steeber. Councilmember Williams moved to amend the motion by deleting South Washington Street from Joliet Street to Nicolet Street. The motion was seconded by Councilmember Steeber and passed by the following vote: Aye: Councilmembers Brunner, Loasching, Steeber, Truman and Williams. Nay: Councilmembers DeGarmo and Wellnitz. Councilmember Williams moved to amend the motion by deleting Mackinac Drive from Shannon Drive to 140’ East of Holly Drive. The motion was seconded by Councilmember Loasching and failed by the following vote: Aye: Councilmembers Loasching and Williams. Nay: Councilmembers Brunner, DeGarmo, Steeber, Truman and Wellnitz. Councilmember Steeber moved to amend the motion by deleting Wright Road from 468’ South of Sandhill Drive to 187’ North of USH 14-Humes Road. The motion was seconded by Councilmember DeGarmo and passed by the following vote: Aye: Councilmembers DeGarmo, Loasching, Steeber and Wellnitz. Nay: Councilmembers Brunner, Truman and Williams. The Council voted on the main motion and it passed unanimously. (File Res. No. 2007-392) 3. Award of Contracts C2007-12 (sanitary sewer manhole seals) and C2007-13 (sanitary sewer point repairs) for the Public Works Bid Schedule “D” – 2007. Councilmember Wellnitz moved to award the following contracts as recommended by the Committee of Public Works: C2007-12 E & N Hughes Co., Inc. $79,049.00 C2007-13 Infrastructure Technologies, Inc. $35,705.00 The motion was seconded by Councilmember Steeber and passed unanimously. NEW BUSINESS Council President Brunner combined items 2 & 3. 2. & 3. Action on a resolution (2007-402) approving a TIF development agreement with MGD FUND III, LLC for the redevelopment of properties at 22 South Jackson Street in TIF District No. 24 and authorizing the City Manager to sell the eastern one half of the property at 22 South Jackson Street; and, Action on a proposed resolution (2007-403) approving a TIF development agreement with the Forward Foundation, Inc. for the redevelopment of 14 and 18 South Jackson Street in TIF District No. 24 and authorizing the City Manager to purchase the rear one half of the properties at 14 and 18 South Jackson Street. Councilmember Williams moved to adopt said resolutions, seconded by Councilmember Loasching and passed unanimously. (File Res. Nos. 2007-402 and 2007-403) 4. Action on a proposed resolution approving a TIF development agreement with D & S Ventures, Inc.; and, authorizing an $82,500 TIF development loan and an $82,500 CDBG second floor access loan for the construction of an elevator at 10 North Parker Drive in TIF No. 23. Councilmember Williams moved to adopt said resolution, seconded by Councilmember Steeber and passed unanimously. (File Res. 2007-405) 5. Action on a proposed resolution authorizing the issuance of $13,275,000 in Promissory Notes for financing various public purposes. Councilmember Williams moved to adopt said resolution, seconded by Councilmember DeGarmo and passed unanimously. Councilmember Williams requested information concerning the special assessments for township residents. Specifically, he was interested in the proposed annexation of property located near Mineral Point Avenue and Austin Road (See New Business No. 8). (File Res. No. 2007-406) 6. Action on a proposed resolution regarding the construction of temporary and permanent traffic improvements at the intersection of USH 14 and Town Hall Road. Councilmember Williams moved to adopt said resolution, seconded by Councilmember Truman and passed unanimously. (File Res. No. 2007-410) 7. A proposed resolution acknowledging Council review of the Wastewater Utility 2006 Compliance Maintenance Annual Report. Councilmember DeGarmo moved to adopt said resolution, seconded by Councilmember Wellnitz and passed unanimously. (File Res. No. 2007-404) 8. A proposed ordinance annexing property located at the northeast corner of Austin Road and Mineral Point Avenue was introduced and scheduled for public hearing on June 25, 2007. (File Ord. No. 2007-362) 9. A proposed ordinance zoning property located at the northeast corner of Austin Road and Mineral Point Avenue to R1 upon annexation was introduced, referred to Plan Commission and scheduled for a public hearing on June 25, 2007. (File Ord. No. 2007-363) 10. A proposed ordinance annexing property located south of STH 26 across from McCormick Drive was introduced and scheduled for public hearing on June 25, 2007. (File Ord. No. 2007- 364) 11. A proposed ordinance zoning property located south of STH 26 across from McCormick Drive to B1 and B2 upon annexation, and rezoning of other adjoining property to B1 and B2 from O1, O3 and Ag was introduced, referred to Plan Commission and scheduled for a public hearing on June 25, 2007. (File Ord. No. 2007-365) 12. A proposed ordinance rezoning property located at 303 Center Avenue from R2 to B3 was introduced, referred to Plan Commission and scheduled for a public hearing on June 25, 2007. (File Ord. No. 2007-366) 13. Requests and comments from the public on matters which can be affected by Council action. There were none. 14. Matters not on the agenda. Councilmember Truman requested information concerning the lack of mowing on City owned property. He asked that the Administration review the vacant lot across from Dawson Field and a portion of Lustig Park. There being no further business, Council convened at 11:19 p.m. These minutes are not official until approved by the City Council. Jean Ann Wulf City Clerk-Treasurer