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Minutes 10-12-09 PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING APPROVED: October 26, 2009 OCTOBER 12, 2009 VOL. 60 NO. 20 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on October 12, 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, Rashkin, Perrotto, and Voskuil. Councilmember Steeber was absent. CONSENT AGENDA Minutes of the regular meeting of September 28, 2009. Licenses and Recommendations of the Alcohol License Advisory Committee (ALAC). Action on a motion to approve final Certified Survey Map 09010-C, Dean Health Systems/SSM Healthcare, 2 lots along STH 11. Council President Truman postponed this item for two weeks. Action on a proposed resolution deferring special assessments for sidewalk for the properties located at 426 West Delavan Drive and 3600 Kennedy Road. (File Res. No. 2009-645) Council President Truman stated that the alcohol amendment allowing outdoor seating for Charlie’s Place and the alcohol application for Sneakers would be removed from the consent agenda and the remaining items would be approved if there were no objections. There were none. Janet Murphy, representing Charlie’s Place responded to Council’s questions. Councilmember McDonald moved to approve outdoor seating with the restrictions included from the ALAC and the patio closing for all activity at 11:00PM. The motion was seconded by Councilmember Brunner and failed by the following vote: Aye: Councilmembers Brunner and McDonald. Nay: Councilmembers Rashkin, Truman, Perrotto, and Voskuil. Councilmember Rashkin moved to approve outdoor seating with the restrictions recommended by the ALAC. The motion was seconded by Councilmember Perrotto and passed by the following vote: Aye: Councilmembers Perrotto, Rashkin, Truman, and Voskuil. Nay: Councilmembers Brunner and McDonald. Council President Truman allowed public comment on the application for an alcohol license for Sneakers. The Council received a signed petition to not allow an alcohol establishment at this location. Helen Anderson, 935 Matheson St.; Trisha and Richard Schuler, 1126 Woodman Rd.; Carmen Fetting, 1210 Yuba St.; Gerald Johnson, 1105 Mayfair Dr.; and Yetiva Gavin, 1104 Woodman Rd.; opposed having an alcohol establishment at this location. They were concerned about neighborhood safety, increased traffic and noise. Steve Brown, Kim Brown and Connie Dewitt, co-owners of Sneakers; David Stone representing Sara Investments; and Larry Butler, 208 Red Apple Dr.; spoke in favor of the alcohol license. Council President Truman moved to deny the license and received no second. Councilmember Rashkin moved to grant the license with the restrictions recommended by the ALAC and Plan Commission, seconded by Councilmember Voskuil. Councilmember Brunner moved to amend the motion by not allowing volleyball courts and received no second. The Council voted on the main motion and it failed by the following vote: Aye: Councilmembers Perrotto, Rashkin, and Voskuil. Nay: Councilmembers Brunner, McDonald, and Truman. Action on a proposed resolution supporting universal access to quality health care. Councilmember Rashkin moved to adopt said resolution, seconded by Councilmember McDonald. Councilmember Voskuil offered a friendly amendment to delete the word “universal” and add “for all Americans”. The resolution title would now state “A resolution supporting access to quality health care for all Americans”. The friendly amendment was accepted. The motion, as amended, passed unanimously. (Revised File Res. No. 2009-629) Action on a proposed resolution recognizing the Firefighters and Paramedics of the Janesville Fire Department. Councilmember Brunner moved to adopt said resolution, seconded by Councilmember McDonald and passed unanimously. (File Res. No. 2009-648) OLD BUSINESS 1. Requests and comments from the public regarding items on the agenda not requiring a public hearing. Andreah Briarmoon, 339 S. Locust St., opposed the borrowing of $16,405,000 in promissory notes (New Business 4), suggested public input be allowed at study sessions, and suggested the large item pick up program should be staffed with volunteers only. 2. Requests and comments from the public on matters which can be affected by Council action. Andreah Briarmoon, 339 S. Locust St.; thanked the Council for passing the Health Care Resolution and requested that the Council prohibit financial institutions from evicting people from foreclosed property. 3. A proposed charter ordinance amending the meeting time of regular Common Council meetings from 7:00 PM to 6:30 PM on the second and fourth Mondays of the month received its second reading and public hearing. Scott Angus, representing the Janesville Gazette, spoke in favor of the ordinance. Andreah Briarmoon, 339 S. Locust St., opposed the ordinance. The public hearing was closed. Councilmember Perrotto moved to adopt said ordinance, seconded by Councilmember Voskuil. Councilmember Rashkin moved to amend the motion by changing the start time to 6:00PM, seconded by Councilmember McDonald and failed by the following vote: Aye: Councilmembers Brunner, McDonald, and Rashkin. Nay: Councilmembers Perrotto, Truman, and Voskuil. The Council voted on the main motion and it failed by the following vote: Aye: Councilmembers , Perrotto, Brunner, Rashkin, and Voskuil. Nay: Councilmembers Truman and McDonald. (File Charter Ord. No. 2009-008) NEW BUSINESS 1. Presentation by Janesville Shade Tree Advisory Committee (J-STAC). Mary Ann Buenzow representing the J-STAC, presented information on the number and type of street trees in Janesville. Based on the information gathered, the committee requested that a municipal tree management plan be implemented. 2. Action on proposed revisions to Rotary Gardens lease agreement. Councilmember Perrotto stated that he would not participate nor vote on this issue because of a conflict of interest. Councilmember Brunner moved to approve said revisions to the Rotary Gardens lease agreement, seconded by Councilmember Rashkin and passed by the following vote: Aye: Councilmembers Brunner, McDonald, Rashkin, Truman, and Voskuil. Pass: Councilmember Perrotto. 3. Authorization for the City Manager to enter into a Memorandum of Understanding (MOU) with Forward Janesville for the installation of a mural on the Franklin Street side of City Hall. Christine Moore, representing Janesville Design and Development Center, explained that the mural would depict Janesville’s history. Councilmember Rashkin moved to authorize the City Manager to enter into the MOU, seconded by Councilmember Voskuil. Councilmember Perrotto offered a friendly amendment to require the City Attorney to review the agreement for the proper insurance coverage. The friendly amendment was accepted. The motion, as amended, passed unanimously. 4. Action on a proposed resolution authorizing the issuance of $16,405,000 in promissory notes for financing various public purposes. Councilmember Perrotto moved to adopt said resolution, seconded by Councilmember Voskuil and passed by the following vote: Aye: Councilmembers Brunner, Perrotto, Rashkin, Truman, and Voskuil. Nay: Councilmember McDonald. (File Res. No. 2009-641) 5. Final approval of a Memorandum of Understanding (MOU) between the City of Janesville and the Wisconsin Department of Transportation. Councilmember Brunner moved to adopt said resolution, seconded by Councilmember Voskuil and passed unanimously. ( File Res. No. 2009-640) 6. Matters not on the agenda. Councilmember Brunner requested information on landfill dumping fees paid by residents and non-residents . Councilmember Perrotto requested that the Administration review the 2009 note issue and provide the Council with a list of projects that do not require funding in this issue. Council President Truman requested supporting documents for outdoor seating in the Council packet when it is controversial. 7. Motion to adjourn. Councilmember McDonald moved to adjourn, seconded by Councilmember Voskuil and passed unanimously. There being no further business, Council adjourned at 10:38 PM. These minutes are not official until approved by the City Council. Jean Ann Wulf Clerk-Treasurer