Minutes 11-09-09
PROCEEDINGS OF THE CITY COUNCIL
CITY OF JANESVILLE, WISCONSIN
REGULAR MEETING APPROVED: November 23, 2009
NOVEMBER 9, 2009
VOL. 60
NO. 24
Regular meeting of the City Council of the City of Janesville held in the Municipal Building on November 9,
2009. The meeting was called to order by Council President Truman at 7:00 PM.
Present: Council President Truman, Councilmembers Brunner, McDonald, Perrotto, Steeber, and Voskuil.
Councilmember Rashkin arrived at 8:20 PM.
CONSENT AGENDA
Minutes of the special meeting of October 20, 2009.
Minutes of the regular meeting of October 26, 2009.
Licenses and Recommendations of the Alcohol License Advisory Committee.
Waiver of special assessment procedures for sanitary sewer, water main, curb & gutter and paving charges
for Willow Glade and Willow Glen–Jack Willow Investments, LLC & DK Partnership, LLP.
Waiver of special assessment procedures for sanitary sewer for the east side of Wright Road (Parcel
0304100003)–Sara Investment Real Estate.
Council President Truman removed items D. (The Noodle Shop Co. Outdoor Seating request), E. (Patti’s RD
Saloon, Inc. transfer of premise request), and F. (Kwik Trip Class A alcohol license application) off the License
Agenda and the Waiver of special assessment procedures for Willow Glade and Willow Glenn. He stated that
all other items on the consent agenda would be approved if there were no objections. There were none.
After discussion and based on information provided to the Council, Councilmember McDonald moved to allow
outdoor seating at The Noodle Shop Company, seconded by Councilmember Steeber and passed
unanimously.
After discussion and based on information provided to the Council, Councilmember McDonald moved to
approve Patti’s Rd Saloon, Inc.’s transfer of Class B License from 3502 Milton Ave. to 2419 Morse St., Suite
110, seconded by Councilmember Steeber and passed unanimously.
After discussion and based on information provided to the Council, Councilmember McDonald moved to
postpone an original Class A Fermented Malt Beverage License for Kwik Trip to December 14, 2009,
seconded by Councilmember Steeber and passed unanimously.
Councilmember Steeber moved to approve the waiver for Willow Glade and Willow Glenn, seconded by
Councilmember Voskuil and passed by the following vote: Aye: Brunner, Perrotto, Steeber, Truman, and
Voskuil. Nay: McDonald. Councilmember Perrotto requested all developers secure their own line of credit to
guarantee their debt in the future.
Special recognition: Action on a proposed resolution in commendation of James Douglas Venable’s 21 years
of service to the City of Janesville. Councilmember Steeber moved to adopt said resolution, seconded by
Councilmember Voskuil and passed unanimously. (File Res. No. 2009-639)
OLD BUSINESS
1. Requests and comments from the public regarding items on the agenda not requiring a public hearing.
Tom Edwards, 1220 Vista Ave., and Carl Christianson, 1113 Ruger Ave., requested Council expand the pet
exercise training area to include the tennis court area in Palmer Park and suspend leash laws (New Business
#1). Alfred Lembrich, 541 Miller Ave., opposed the proposed ice arena facility. Terri Huber, representing
Janesville Farmers’ Market, thanked Council and City staff for their support.
2. Requests and comments from the public on matters which can be affected by Council action. Andreah
Briarmoon, 339 S. Locust St., submitted a petition to save the Case Feed building and claimed
misappropriation of CDBG funds. For the record, Councilmember Perrotto stated that Ms. Briarmoon’s claims
of misappropriation of funds were outrageous and unsubstantiated. Peter Apted, 324 S. Academy St.,
requested the Case Feed building be saved and would like a meeting with the City Manager to address this
issue.
3. Discussion, preliminary Council adjustment and other action, public hearing and continuing public hearing
on the FY2010 proposed City and Library budgets. Burdette Erickson, 115 S. High St., stated that public
safety should be the Council’s number one priority. Andreah Briarmoon, 339 S. Locust St., suggested the
Council build a community center. Alfred Lembrich, 541 Miller Ave., requested Council cut back spending in
these difficult economic times. The public hearing was closed. The public hearing was continued to November
23, 2009. By consensus, the Council added funding to accelerate the hiring of two police officers from July 1,
2010 to January 1, 2010 ($54,000), and to retain existing compost site hours, with the exception of closing at
3:00PM on Thursdays ($10,360).
Councilmember Yuri Rashkin arrived at 8:20 PM.
4. A proposed ordinance amending the City’s Wastewater Facility and Sewer Use Ordinance in order to
adjust rates as set forth in Chapter 13.18 of the Code of Ordinances of the City of Janesville received its
second reading and public hearing. No one spoke. The public hearing was closed. Councilmember Steeber
moved to adopt said resolution, seconded by Councilmember Brunner and passed unanimously. (File Ord.
No. 2009-442)
5. A proposed ordinance amending the regulations on the placement of leaves and grass on public streets
received its second reading and public hearing. Andreah Briarmoon, 339 S. Locust St., requested leaves be
picked up in the Fourth Ward last. The public hearing was closed. Councilmember McDonald moved to adopt
said resolution, seconded by Councilmember Voskuil and passed unanimously. (File Ord. No. 2009-441)
6. A proposed ordinance authorizing the Parks Director to designate pet exercise training areas received its
second reading and public hearing. No one spoke. The public hearing was closed. Councilmember Steeber
moved to adopt said resolution, including a friendly amendment from Councilmember McDonald to require
Council’s approval on all designations, seconded by Councilmember Brunner and passed by the following
vote: Aye: Brunner, McDonald, Rashkin, Steeber, Truman, and Voskuil. Nay: Perrotto. (File Ord. No. 2009-
440)
NEW BUSINESS
1. Discussion and action on a request to expand the Palmer Park pet exercise area. The Council referred this
matter to the Parks Director for a recommendation and to bring it back to the Council for their approval.
2. Action on a proposed advertising policy at the Youth Sports Complex. No action taken on the proposed
advertising policy. Council President Truman moved to return the policy to City Administration and requested
they contact the original donors for input on revising the proposed policy and to resubmit it to the Council at a
future date. The motion was seconded by Councilmember Perrotto and passed by the following vote: Aye:
Brunner, Rashkin, Perrotto, Steeber, and Truman. Nay: McDonald and Voskuil.
3. Action on a proposed resolution Awarding $15,405,000 General Obligation Promissory Notes, Series
2009-A, and $9,065,000 General Obligation Refunding Promissory Notes, Series 2009-B, and Establishing
Interest Rates Thereon and Levying Taxes Therefore. Councilmember Perrotto 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. 2009-643)
4. Authorization for the City Manager to enter into governmental agreements with the State of Wisconsin
Department of Natural Resources (WDNR) indemnifying the City of Janesville for accepting deer carcasses for
disposal at the Janesville Municipal Landfill. Tim Lizotte, DNR representative, responded to Council
questions. Councilmember Steeber moved to authorize the City Manager to enter into said agreement,
seconded by Councilmember Voskuil and failed by the following vote: Aye: Steeber. Nay: Brunner,
McDonald, Perrotto, Rashkin, Truman, and Voskuil. Councilmember McDonald moved to refer this matter to
the Sustainable Janesville Committee for a recommendation, seconded by Council President Truman, and
passed by the following vote: Aye: Brunner, McDonald, Rashkin, Steeber, Truman, and Voskuil. Nay:
Perrotto.
5. Award of Contracts C2009-27 (sewer, water and street construction) and C2009-28 (sanitary sewer lining
and point repairs) for Public Works bid Schedule “K” - 2009. Councilmember Voskuil moved to award said
contracts to the lowest bidders: Contract C2009-27 to Merryman Excavation, Inc. in the amount of
$412,985.50 and Contract C2009-28 to Michels Corporation in the amount of $775,242.00. The motion was
seconded by Councilmember Steeber and passed by the following vote: Aye: Brunner, Perrotto, Rashkin,
Steeber, Truman, and Voskuil. Nay: McDonald.
6. Action on a proposed resolution authorizing the City Manager to make an application to the County for an
exemption from the Library tax levy. Councilmember Voskuil moved to adopt said resolution, seconded by
Councilmember McDonald and passed unanimously. (File Res. No. 2009-653)
7. A proposed ordinance creating Chapter 18.80 Airport Overlay Zoning District to the City of Janesville Zoning
Ordinance was introduced and scheduled for a public hearing on December 14, 2009. (File Ord. No. 2009-
444)
8. A proposed ordinance attaching property located at 3123 South US Highway 51 was introduced and
scheduled for a public hearing on December 14, 2009. (File Ord. No. 2009-445)
9. A proposed ordinance attaching and zoning to B4 property located at 3123 South US Highway 51 was
introduced, referred to Plan Commission, and scheduled for a public hearing on December 14, 2009. (File
Ord. No. 2009-446)
10. A proposed ordinance increasing bus fares on the Janesville Transit System was introduced and
scheduled for a public hearing on November 23, 2009. (File Ord. No. 2009-443)
11. Matters not on the agenda. Councilmember Rashkin stated there is community interest in having a
downtown holiday display with lights. Councilmember Steeber recognized Veteran’s Day on November 11,
2009 and thanked veterans for their service to our country. Council President Truman stated the Case Feed
building’s fencing is inadequate and presents a safety issue and the City should order the owner to correct.
12. Councilmember Steeber moved to convene into closed session pursuant to Wisconsin Statute Section
19.85(1)(e) whenever competitive or bargaining reasons require a closed session for the purpose of
deliberating and setting the negotiation and bargaining strategies, terms, and conditions for a potential
development agreement in TIF 22 since competitive and/or bargaining reasons require a closed session,
seconded by Councilmember McDonald and passed unanimously.
There being no further business, Council convened into closed session at 11:15 PM. These minutes are not
official until approved by the City Council.
Jean Ann Wulf
Clerk-Treasurer