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Minutes 03-09-09 PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING APPROVED: March 23, 2009 MARCH 9, 2009 VOL. 59 NO. 46 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on March 9, 2009. The meeting was called to order by Council President Loasching at 7:00 PM. Council President Loasching led the Council in the Pledge of Allegiance. Present: Council President Loasching, Councilmembers Brunner, McDonald, Rashkin, Steeber, Truman, and Voskuil. CONSENT AGENDA Minutes of the regular meeting of February 23, 2009. Licenses and Recommendations of the Alcohol License Advisory Committee. Council President Loasching stated that all 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 Daniel W. Wakefield’s 34 years of service to the City of Janesville. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Truman and passed unanimously. (File Res. No. 2009- 584) OLD BUSINESS 1. Requests and comments from the public regarding items on the agenda not requiring a public hearing. Rich Gruber, representing Mercy Health System, presented Deputy Fire Chief Gerry Luiting with a symbolic check in the amount of $88,500 representing their donation of five new ZOLL E-Series monitor/defibrillators. Paul Amendt and Michael Kellum explained the advantages of the defibrillators. 2. Requests and comments from the public on matters which can be affected by Council action. Andreah Briarmoon, 339 S. Locust St., requested the Safe Neighborhood Grant in the amount of $20,000 be reallocated from the Police Department to the Neighborhood Action Team. Tonya Partee, 2748 Mineral Point Ave., stated she was arrested for being a drug lord in 2003. She stated that the charges were dropped this year and she now requests a public apology and the reallocation of Safe Neighborhood Grant to fund a Community Center. Nathaniel Partee, 1716 Dewey Ave.; Deonna Green 2010 Kellogg Ave., Tonyiel Partee, 2748 Mineral Point Ave., supported Tonya Partee’s requests. Bill McCoy, 1326 Putnam Ave., warned that tent cities may come to Janesville due to the hard economic times. Kelly Kaiser, 2307 Plymouth Ave., stated that the February 23, 2009 minutes do not accurately reflect the comments made. Kelly Kaiser, stated support for the Wisconsin Hockey Partners, LLC lease of the Ice Arena but is in opposition to certain aspects of the lease. 3. The proposed City of Janesville Comprehensive Plan ordinance received its continued public hearing. Julie Backenkeller, 719 N. Grant Ave.; Marion Barlass, 6145 East County Road A; Margaret Puleva, Darien; Larry Wiedenfeld, 2025 W. Wall St.; Danny White, Beloit; Kristen and Brian Paul, Milton; Allan Sweeney, Edgerton; Sharon Hargarten, Clinton; Andreah Briarmoon, 339 S. Locust, St.; Ron Noe, 1304 King St.; spoke for the preservation of farm land and against the proposed ordinance. Hanna and Matt Hollingsworth, 315 Fremont St.; spoke in favor of developing within existing limits before expanding into the farmland. Doug Marklien, representing Marklien Builders; Tom Wellnitz, 4560 Ruger Ave.; Bill Bohn, representing Preferred Homes; Tim Weber, representing SCWBA; Frank Perrotto, 2665 Cross Prairie Dr.; Attorney Fred Wesner, representing multiple clients, Scott Beaver, 921 Thornecrest Dr.; Joe Panico, 2200 N. Sumac Dr.; Steve Werner, 1106 Columbus Cr.; spoke in favor of the proposed ordinance. Spencer Potter, 736 Somerset Dr.; Daniel Straasburg, 3407 LaMancha Dr.; Bill McCoy, 1326 Putnam Ave.; requested Council postpone action on said ordinance. Shenna Castro, Janesville, read a letter addressed to City Manager Levitt from the Rod Nilsestuen, Secretary of the Department of Agriculture, Trade and Consumer Protection which addressed his concerns about the proposed plan. The public hearing was closed. Councilmember Steeber moved to adopt said ordinance, seconded by Councilmember Truman. Councilmember Steeber moved to amend the motion by making changes to Volume 2 as listed in Exhibit A as recommended by the Plan Commission, seconded by Councilmember Truman and passed unanimously. Councilmember Steeber moved to amend the motion by incorporating the guiding principles of the Eco-municipality in the plan, seconded by Councilmember Truman and passed unanimously. Councilmember Steeber moved to amend the motion by changing policy on page 73 to read, “Work with neighboring towns and Rock County to consider implementing a Purchase or Transfer of Development Rights program in areas appropriate and designed for long term agricultural uses,” seconded by Councilmember Truman. Councilmember McDonald offered a friendly amendment to remove the word “consider” from the amendment. The friendly amendment was declined. Councilmember McDonald moved to amend the amendment by removing the word “consider”, seconded by Council President Loasching and failed by the following vote: Aye: Council President Loasching and Councilmember McDonald. Nay: Councilmembers Brunner, Rashkin, Steeber, Truman, and Voskuil. The Council voted on the prior amendment and it passed by the following vote: Aye: Council President Loasching, Councilmembers Brunner, Rashkin, Steeber, Truman, and Voskuil. Nay: Councilmember McDonald. Councilmember Steeber moved to amend the motion by making text changes to Volume 1 and 2, as listed in Exhibit B, seconded by Councilmember Rashkin and passed unanimously. Councilmember McDonald moved to amend the motion by removing the urban reserve designation from the Future Land Use Map, seconded by Council President Loasching and failed by the following vote: Aye: Council President Loasching and Councilmember McDonald. Nay: Councilmembers Brunner, Rashkin, Steeber, Truman, and Voskuil. Councilmember McDonald moved to amend the motion by including the draft chapter submitted by the Sustainability Committee, seconded by Council President Loasching and failed by the following vote: Aye: Councilmember McDonald. Nay: Council President Loasching, Councilmembers Brunner, Rashkin, Steeber, Truman, and Voskuil. Councilmember McDonald moved to amend the motion by moving the east boundary line to the projected sewer line capability, seconded by Council President Loasching and failed by the following vote: Aye: Councilmember McDonald. Nay: Council President Loasching, Councilmembers Brunner, Rashkin, Steeber, Truman, and Voskuil. The Council voted on the main motion and it passed by the following vote: Aye: Council President Loasching, Councilmembers Brunner, Rashkin, Steeber, Truman, and Voskuil. Nay: Councilmember McDonald. (File Ord. No. 2009-431) 4. A proposed ordinance rezoning property within the 4700 block of Milton Avenue from Agriculture to B2, Community Shopping District and Conservancy, received its second reading and public hearing. Council President Loasching continued the public hearing and action until March 23, 2009. (File Ord. No. 2009-429) 5. Action on a proposed resolution approving the project plan for and establishing the boundaries for Tax Increment Finance District No. 34 at the Southern Wisconsin Regional Airport. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Voskuil and passed unanimously. (File Res. No. 2009-577) NEW BUSINESS 1. Council direction on transit bus fares. Councilmember Brunner moved to delay the implementation of transit fare increases and to review transit fares in October 2009, seconded by Councilmember Steeber and passed unanimously. Councilmember Voskuil moved to implement a pilot program whereby 5,000 tokens would be available to non-profit organizations at a reduced rate. The motion was seconded by Councilmember Rashkin and passed unanimously. 2. Action on a proposed resolution authorizing the filing of an application with the Wisconsin Department of Commerce for Community Development Block Grant-Emergency Assistance Program. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Voskuil and passed unanimously. (File Res. No. 2009-585) 3. Introduction and scheduling of a public hearing for a proposed charter ordinance amending the appointment provisions of the Plan Commission, Board of Review, Library Board, and Zoning Board of Appeals and creating a charter ordinance for the Community Development Authority to require appointments to be made by the Common Council following consultation with the Citizens Advisory Committee on Appointments in amended Sections 2.20.010, 2.24.010, 2.28.010, 2.58.020, and newly created Chapter 2.26. Councilmember Steeber moved to postpone said introduction and scheduling of a public hearing until May 11, 2009, seconded by Councilmember Truman and passed by the following vote: Aye: Council President Loasching, Councilmembers Brunner, Rashkin, Steeber, Truman, and Voskuil. Nay: Councilmember McDonald (File Charter Ord. 2009-007) 4. Matters not on the agenda. Councilmember Rashkin requested an update on the feasibility study for a downtown training facility, businesses to replace burned out lights on their signs, and clocks be reset in the Council Chambers. Councilmember Truman stated his appreciation for the progress updates on fixing the code violations at the Case Feed building. Council President Loasching scheduled a special meeting on Monday, March 16, 2009 at 5:00 PM to review the stimulus package. The Council waived notice. 5. Councilmember Steeber moved to convene into closed session pursuant to Wisconsin Statute Section 19.85 (1)(e) for the purpose of deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specific public business, whenever competitive or bargaining reasons require a closed session, specifically setting the negotiation/bargaining terms and conditions for acquiring certain real property for redevelopment and/or public purposes. The motion was seconded by Councilmember Voskuil and passed unanimously. There being no further business, Council convened into closed session at 10:20 PM. These minutes are not official until approved by the City Council. Jean Ann Wulf Clerk-Treasurer