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Minutes 04-13-09 PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING APPROVED: April 27, 2009 APRIL 13, 2009 VOL. 59 NO. 49 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on April 13, 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 March 23, 2009. Licenses and Recommendations of the Alcohol License Advisory Committee. Council President Loasching stated the alcohol license for Jackalope, LLC would be removed from the consent agenda and the remaining items would be approved if there were no objections. There were none. Councilmember Brunner moved to postpone action on the Jackalope alcohol license for two weeks, seconded by Councilmember Steeber and passed unanimously. Special recognition: Action on a proposed resolution in commendation of Amy M. Loasching’s service to the City of Janesville. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Brunner and passed unanimously. (File Res. No. 2009-595) OLD BUSINESS 1. Requests and comments from the public regarding items on the agenda not requiring a public hearing. Tim Rutter, 326 N. Terrace St., representing Friends of Riverside Park, thanked the Council for their support. Andreah Briarmoon, 339 S. Locust St., thanked Council for looking into the litigation between the City and herself and requested a variance for 332 S. Academy St. 2. Requests and comments from the public on matters which can be affected by Council action. Billy Bob Grahn, 152 S. Locust St., opposed to alcohol license for the Ice Arena (Old Business #3). Marie Updike, 120 N. River St., stated the police department should place more emphasis on preventing and solving felony crimes and less emphasis on drunk driving offenses. Billy McCoy, 1326 Putnam Ave., stated concern about the budget and is opposed to a liquor license at the Ice Arena (Old Business #3). 3. A proposed ordinance permitting the lessee of the Janesville Ice Arena to apply for and hold a Class B Combined Fermented Malt Beverage and Intoxicating Liquor Alcohol Beverage License, with penalties and injunctive relief of violations thereof as set for in JGO 5.046.470 received its second reading and public hearing. John Mauermann, 209 Sunset Dr., Jim Terrill, 503 E. Holmes St.; Dave Johnson, 3030 Whitetail Ln.; Chuck Elliott, 510 High Point Ct.; Kelley Kaiser, 2607 Plymouth Ave.; Larry Squire, 4245 Wilshire Ln.; Kevin Smithback, 66 S. Ringold St.; Rick Mussey, 204 N. Wuthering Hills; Adam Briggs, 3832 Red Stone; Bob Mack, 3844 Red Stone; Bill McCoshen, Middleton, WI; spoke in support of the ordinance. Marvin Wopat, 35 W. Maple, Milton, WI; Larry Butler, 208 Red Apple Dr.; Al Lembrich, 541 Miller Ave.; Bill McCoy, 1326 Putnam Ave.; opposed the ordinance. The public hearing was closed. Councilmember Steeber moved to adopt said ordinance amended for fermented malt beverage only, seconded by Councilmember Rashkin. Councilmember Brunner moved to amend the motion by prohibiting wine coolers, seconded by Councilmember Steeber and failed by the following vote: Aye: Councilmembers Brunner, McDonald, and Steeber Nay: Council President Loasching, Councilmembers Rashkin, Truman, and Voskuil. The Council voted on the main motion and it passed by the following vote: Aye: Council President Loasching, Councilmembers Rashkin, Steeber, and Voskuil. Nay: Councilmembers Brunner, McDonald, and Truman. (File Ord. No. 2009-432) NEW BUSINESS 1. Discussion on poverty issues in the community. Councilmember Voskuil presented information on poverty and suggested creating a coalition and a resolution to address this issue. Councilmembers Rashkin and Brunner supported a coalition and resolution. The City Administration will draft a resolution for the Council’s review. 2. Action on a proposed resolution authorizing the City Manager to execute a concession contract with American Legion Baseball of Janesville, Wisconsin to operate a concession stand at Veterans Field, Riverside Park. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Brunner and passed unanimously. (File Res. No. 2009-594) 3. Action on a proposed resolution authorizing the City Manager to execute a lease with Janesville Youth Baseball, Inc. for the operations of the batting cages. Councilmember Steeber moved to postpone said resolution, seconded by Councilmember Rashkin and passed unanimously. (File Res. No. 2009-593) 4. Action authorizing the City Manager to apply for grants through the COPS Hiring Recovery Program (CHRP) and the Edward Byrne Memorial Justice Assistance Grant (JAG). Councilmember Steeber moved to authorize the City Manager to apply for the grants, seconded by Councilmember Brunner and passed unanimously. 5. Action on a proposed intergovernmental agreement between the City of Janesville and Rock County related to law enforcement services at the University of Wisconsin-Rock County Campus and the distribution of payment for Municipal Services (PMS) Program funding. Councilmember Voskuil moved to approve an intergovernmental agreement, seconded by Councilmember Truman and passed by the following vote: Aye: Council President Loasching, Councilmembers Brunner, McDonald, Rashkin, Truman, and Voskuil. Pass: Councilmember Steeber. 6. Award of Contracts C2009-7 (Washington/Memorial Street reconstruction), C2009-8 (manhole reconstruction), and C2009-9 (landfill scale replacement) for Public Works Bid Schedule “C”-2009. Councilmember Steeber moved to award contract C2009-8 (manhole reconstruction) to Infrastructure Technologies of Rogers, MN in the amount of $179,355., to reject contract C2009-7 (Washington/Memorial Street reconstruction), and to postpone contract 2009-9 (landfill scale replacement) for two weeks. The motion was seconded by Councilmember Truman and passed unanimously. 7. Action on a proposed resolution approving a Tax Increment Finance development agreement with HSI Aviation Holding, LLC Helicopter Inspection and Customizing facility located in TIF No. 34. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Voskuil and passed unanimously. (File Res. No. 2009-591) 8. Action on City Council confirmation of City Manager’s proposal to consolidate positions for budget year 2009. Councilmember Steeber moved to approve the City Manager’s proposal, seconded by Councilmember Brunner and passed by the following vote: Aye: Council President Loasching, Councilmembers Brunner, Rashkin, Steeber, Truman, and Voskuil. Nay: Councilmember McDonald. 9. Committee appointments. Councilmember Brunner moved to approve the Council President’s and City Manager’s committee appointments. The motion was seconded by Councilmember Steeber and passed unanimously. 10. A proposed ordinance regulating the display of material harmful to minors within the City of Janesville was introduced and scheduled for a public hearing on April 27, 2009. (File Ord. No. 2009-430) 11. A proposed ordinance rezoning a small portion of Southern Wisconsin Regional Airport property from Agriculture to M1, Light Industrial; and the area encompassing the Glen Erin Golf Course located west of USH 51 from M1, Light Industrial, and Agriculture to Conservancy was introduced and referred to Plan Commission for a public hearing on May 26, 2009. (File Ord. No. 2009-434) 12. Matters not on the agenda. Council President Loasching scheduled a City Council organizational meeting April 21 at 7:30 AM. Councilmember Truman requested an update on Riverside Park wading pool; stated 1608 Grant St. has had 25 inspections and all re- inspections should be billed, stated Case Feed building should be boarded up to stop deterioration; the City building at 2300 Kellogg Av. should be demolished; and requested timely information on code and nuisance issues. Councilmember Voskuil requested quarterly reports on the Sustainability Committee. By consensus, Councilmembers thanked Council President Loasching for her service on the City Council. Councilmember Rashkin stated JATV will be holding a volunteer class and commended JATV Station Manager Judi Kneece for her work. Councilmember Brunner requested information on the fiscal impact of the State budget on the 2009 and 2010 City budget; agreed that the building at 2300 Kellogg Ave. needs to be demolished; and stated the building at 1953 Kellogg Ave. is vacant and needs to be boarded up. 13. Consideration of a motion to convene into closed session, excluding litigation, pursuant to Wis. Stats. 19.85(1)(e) for the purpose of deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session; specifically for setting the negotiating and bargaining terms, conditions, and provisions for various redevelopment alternatives for the GM property; and pursuant to Wis. Stats. Section 19.85(1)(g) for the purpose of deliberating, potentially taking action on, and conferring with legal counsel concerning litigation in which the City is involved, specifically Janesville v. K. Andreah Briarmoon, Rock County Case No. 2008FO3264 for the property located at 332 South Academy Street. Councilmember Steeber moved to convene into closed session for the GM property only, seconded by Councilmember Voskuil. Councilmember Brunner offered a friendly amendment to confer with legal counsel on the litigation but no deliberations or action would be taken. The friendly amendment was accepted by the maker and the seconder. The amended motion passed unanimously. There being no further business, Council convened into closed session at 9:34 PM. These minutes are not official until approved by the City Council. Jean Ann Wulf Clerk-Treasurer