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Minutes 05-11-09 PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING APPROVED: May 26, 2009 MAY 11, 2009 VOL. 60 NO. 3 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on May 11, 2009. The meeting was called to order by Council President Truman at 7:00 PM. Council President Truman led the Council in the Pledge of Allegiance. Present: Council President Truman, Councilmembers Brunner, McDonald, Perrotto, Rashkin, Steeber, and Voskuil. CONSENT AGENDA Minutes of the regular meeting of April 27, 2009. Minutes of the closed session of April 27, 2009. Licenses and Recommendations of the Alcohol License Advisory Committee, including an appeal of the denial of a Temporary Class B License by Independent Order of Odd Fellows. Authorization for the Administration to accept a liability claim from State Farm Insurance (Daniel and April Halbach) in the amount of $5,250. Council President Truman stated the alcohol license applications for Corvina’s, Wisconsin Hockey Partners (WHP) and Independent Order of the Odd Fellows would be removed from the consent agenda and the remaining items would be approved if there were no objections. There were none. Amir Sharife, representing Corvina’s, addressed the Council about the operations of the tavern. Councilmembers Brunner and Steeber stated that they are placed on notice that the Council is aware of the problems at this location and steps should be taken to resolve them. Councilmember Steeber moved to approve the said license, seconded by Councilmember Voskuil and passed unanimously. Bill McCoshin, representing WHP, addressed the Council about the proposed alcohol operations at the Ice Arena. Councilmember Steeber moved to approve said license, seconded by Councilmember Rashkin. Council President Truman offered a friendly amendment to allow alcohol south of the warming room door only and to restrict alcohol from the bleachers center section. Council President Truman withdrew his friendly amendment and offered another friendly amendment to allow beer anywhere in the rink except the warming room. The friendly amendment was accepted by the maker and seconder. The Council voted on the main motion, as amended, and it passed by the following vote: Aye: Rashkin, Steeber, Truman, and Voskuil. Nay: Brunner, McDonald, and Perrotto. Michael Salzman, representing Independent Order of Odd Fellows, addressed the Council about the Temporary Class B License. Councilmember Rashkin moved to approve said license, seconded by Councilmember Steeber and passed by the following vote: Aye: McDonald, Perrotto, Rashkin, Steeber, Truman, and Voskuil. Nay: Brunner. Action on a proposed resolution recognizing the week of May 17 as “Emergency Medical Services Week.” Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Brunner and passed unanimously. Councilmember Voskuil presented a plaque of the resolution to Matt Simpson. (File Res. No. 2009-604) Action on a proposed resolution recognizing the week of May 17-23, 2009 as “National Public Works Week.” Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Brunner and passed unanimously. Councilmember Voskuil presented a plaque of the resolution to Len Nelson. (File Res. No. 2009-599) OLD BUSINESS 1. Requests and comments from the public regarding items on the agenda not requiring a public hearing. Michael Gilbertson, 10 S. High St., David Stone and Eric Schwartz, representing SARA Inv., Christine Moore, representing Janesville Design and Development Center, and Karl Dommershausen, 103 S. Jackson St., spoke in support of the downtown parking structure (New Business Item #4). Alfred Lembrich, 541 Miller Av., spoke against the downtown parking structure. Kelley Kaiser, 2307 Plymouth Av., spoke in favor of establishing an Ice Rink Advisory Committee and suggested that non-residents be allowed on the committee. (New Business Item #12). 2. Requests and comments from the public on matters which can be affected by Council action. None. 3. A proposed ordinance amending transit bus fare rates for the Janesville Transit System with a penalty as set forth in JGO 10.76.030 received its second reading and public hearing. No one spoke. The public hearing was closed. Councilmember Rashkin moved to adopt said ordinance, seconded by Councilmember Voskuil and passed unanimously. (File Ord. No. 2009-433) 4. A proposed ordinance regulating the display of material harmful to minors within the City of Janesville received its second reading and public hearing. Marc McCrory, representing Spencer Gifts, spoke against said ordinance and requested this matter be postponed. The public hearing was closed. Councilmember Steeber moved to adopt said ordinance, seconded by Councilmember McDonald and failed by the following vote: Aye: Brunner, McDonald, and Steeber. Nay: Perrotto, Rashkin, Truman, and Voskuil. (File Ord. No. 2009-430) 5. Action on a proposed resolution re-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. 2009-596) NEW BUSINESS 1. Recommendation of the Plan Commission: A proposed resolution approving the final plat of Afton Reserve. Councilmember Voskuil moved to adopt said resolution, seconded by Councilmember Steeber and passed by the following vote: Aye: Brunner, Perrotto, Rashkin, Steeber, Truman, and Voskuil. Nay: McDonald. (File Res. No. 2008-598) 2. Action on a financial gain request from the Independent Order of Odd Fellows to conduct “Rock n’ Thunder” at the Youth Sports Complex on July 2 – 4, 2009. Councilmember Voskuil moved to approve said financial gain request, seconded by Councilmember Steeber and passed unanimously. 3. Review and approval of an economic development grant for Red Robin International, owner of Red Robin Restaurant, located at 2430 Humes Road. Councilmember Steeber moved to approve said grant, seconded by Councilmember Rashkin and passed by the following vote: Aye: Brunner, Perrotto, Rashkin, Steeber, Truman, and Voskuil. Nay: McDonald. 4. Review of and Council direction concerning a downtown parking structure project. Councilmember Perrotto requested that the bids include a recommendation for using local laborers. Councilmember Brunner moved to move forward with the downtown parking structure project, seconded by Councilmember Steeber and passed unanimously. 5. Discussion and action on a proposal to construct a new salt storage facility at the City Services Center. Councilmember McDonald moved to approve said proposal as submitted to construct a new salt storage facility at the City Services Center, seconded by Councilmember Steeber and passed unanimously. 6. Award of Contracts C2009-10 (City Hall remodel – Information Technology server room) and C2009-11 (water system improvements) for Public Works Bid Schedule “D”-2009. Councilmember Rashkin moved to award Contract C2009-11 to R.T. Fox Contractors, Inc., for $566,755 and to include funding in the 2009 Note Issue, seconded by Councilmember Steeber and passed unanimously. Council President Truman postponed action on Contract C2009-10 until May 26, 2009. 7. Reject bids for Neighborhood Services Bid Schedule “D”-2009, Contract 2009-A (rehabilitation of 189 South High Street). Councilmember Rashkin moved to reject all bids for said contract, seconded by Councilmember Steeber and passed unanimously. Council President Truman combined New Business Items #8 and #9: 8. Action on a proposed resolution dissolving Tax Incremental Finance District No. 7. (File Res. No. 2009-602) 9. Action on a proposed resolution dissolving Tax Incremental Finance District No. 15. (File Res. No. 2009-603) Councilmember Steeber moved to adopt said resolutions, seconded by Councilmember Voskuil and passed unanimously. 10. 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, was introduced and scheduled for public hearing on June 22, 2009. (File Charter Ord. No. 2009-007) 11. A proposed ordinance rezoning property located at 120 North Crosby Avenue from O1, Office/Residence District, to B3, General Commercial, was introduced, referred to Plan Commission, and scheduled for public hearing on June 8, 2009. (File Ord. No. 2009-437) 12. Consideration of forming an Ice Rink Advisory Committee. Councilmember Brunner moved to re-establish the Ice Rink Advisory Committee, seconded by Councilmember Voskuil and passed unanimously. By majority consensus, the Council requested information allowing non-residents to be on City committees. 13. Matters not on the agenda. Councilmember Brunner commented on the precautionary water boil order and asked if customers with filters needed to change their filter. City Manager Levitt stated the City does not have a recommendation and individuals should contact the filter manufacturers for their recommendation. City Manager Levitt advised that the Rock County Emergency Management Director and Health Director would be at the June 8, 2009 Council meeting to discuss Emergency Management Preparedness. Councilmember Rashkin wished his th daughter Isabelle a happy 8 birthday. Councilmember Perrotto suggested citizens contact their legislators to support Assembly Bill 149, which would reduce the interest rate from 1.0% to 0.5% per month on delinquent property taxes. Council President Truman stated a local pharmacy contacted him and expressed their concern that City employees’ maintenance prescriptions were being outsourced to a mail order service. He requested that the City review this situation and allow local pharmacies the opportunity to bid. Councilmember McDonald asked for a status report on Riverside wading pool. Engineering Manager Mike Payne stated they are waiting on approvals from the State and weather and groundwater conditions to improve before they can commence work. 14. 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 lease of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session, specifically setting the negotiating and bargaining terms and conditions for a potential Ice Arena lease agreement with WHP. Councilmember Voskuil seconded the motion and it passed unanimously. Council convened into closed session at 10:47 PM. 15. Consideration of one or more motions to reconvene into open session, pursuant to Wisconsin Statute Section 19.85(2) to deliberate upon, discuss, and take action upon a proposed or potential lease agreement with WHP for the Janesville Ice Arena, and other related Ice Arena improvement, reconstruction, renovation, repair, maintenance, and operation matters. Council President Truman reconvened the meeting in open session at 11:29 PM. Council President Truman moved to proceed with the original plan to make improvements at a cost of $200,000 and the Council is committed to this project, seconded by Councilmember Steeber and passed by the following vote: Aye: Brunner, McDonald, Rashkin, Steeber, Truman, and Voskuil. Pass: Perrotto. 16. Councilmember Steeber moved to adjourn, seconded by Councilmember Voskuil and passed unanimously. There being no further business, Council adjourned at 11:51 PM. These minutes are not official until approved by the City Council. Jean Ann Wulf Clerk-Treasurer