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Minutes 12-14-09 (2) PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING APPROVED: December 28, 2009 DECEMBER 14, 2009 VOL. 60 NO. 27 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on December 14, 2009. The meeting was called to order by Council President Truman at 7:00 PM. Present: Council President Truman, Councilmembers Brunner, McDonald, Rashkin, Steeber, and Voskuil. Councilmember Perrotto was absent. CONSENT AGENDA Minutes of the regular meeting of November 23, 2009. Minutes of the special meeting of November 25, 2009. Minutes of the closed session of April 13, 2009. Minutes of the closed session of June 8, 2009. Licenses and Recommendations of the Alcohol License Advisory Committee. Council President Truman removed The Music Room/The Circuit from the Consent Agenda. He stated that all other 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 David Burke’s 36 years of service to the City of Janesville. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember McDonald and passed unanimously. (File Res. No. 2009-661) Special Recognition: Action on a proposed resolution in commendation of Steven J. Kopp’s 32 years of service to the City of Janesville. Councilmember Brunner moved to adopt said resolution, seconded by Councilmember Steeber and passed unanimously. (File Res. No. 2009-663) Special Recognition: Action on a proposed resolution in commendation of Steven W. Sutton’s 21.5 years of service to the City of Janesville. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember McDonald and passed unanimously. (File Res. No. 2009-665) Special Recognition: Action on a proposed resolution in commendation of Thomas R. Wolfram’s 24 years of service to the City of Janesville. Councilmember Brunner moved to adopt said resolution, seconded by Councilmember Steeber and passed unanimously. (File Res. No. 2009-664) Appointment of Election Inspectors for 2010 and 2011. Councilmember McDonald moved to approve appointment of election inspectors for 2010 and 2011, seconded by Councilmember Steeber and passed unanimously. OLD BUSINESS 1. Requests and comments from the public regarding items on the agenda not requiring a public hearing. Michael Jacobson, 3105 Burdick Rd. and Alfred Lembrich, 541 Miller Ave., spoke against sidewalk permit fee (New Business #4). Al Draeger, 4711 County G, and Chris Cass, 470 Mohawk Rd., spoke in favor of Council supporting a skate park (New Business #2). Sean Hildebrandt, Jamie Jensen, and Stephanie Miller, representing Parker High Schools Green Squad, spoke in favor of Recycling Away From Home program (New Business #1). 2. Requests and comments from the public on matters which can be affected by Council action. Andreah Briarmoon, 339 S. Locust St., requested Council schedule Board of Review on June 9, 2010, purchase riding snow blowers for Fourth Ward neighborhood, and direct staff not to raze 201 Lynn St; stated Ward Supervisors are required by City Ordinance. Council President allowed public comment on the application for a change in alcohol license for 4M Ventures (d/b/a The Music Room/The Circuit) at 18-24 S. River St. Jim Lebeau, 5125 Antwon Dr., Fitchburg, WI, spoke against the license change. Kurt Miller, 7938 Hwy 59, Milton, WI, spoke in favor of license change. Council President Truman moved to postpone any action until January 11, 2010, seconded by Councilmember Rashkin and passed unanimously. 3. Authorization for the City Manager to enter into intergovernmental 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. Councilmember Steeber moved to authorize the City Manager to enter into intergovernmental agreements with the WDNR indemnifying the City of Janesville for accepting deer carcasses for disposal at the Janesville Municipal Landfill, seconded by Councilmember Rashkin and passed unanimously. 4. Continued public hearing and action on 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. Tom Brien, 807 Kellogg Ave., asked that public comment period not be before meeting; changes to charter ordinances for a private business are not appropriate. The public hearing was closed. Councilmember McDonald moved to adopt said charter ordinance with a change in meeting start time to 6:00 PM, seconded by Councilmember Rashkin. Councilmember McDonald offered a friendly amendment to change the start time to 6:30 PM; the seconder accepted the friendly amendment. Councilmember McDonald moved to postpone until all Councilmembers are present, seconded by Councilmember Brunner and passed by the following vote: Aye: McDonald, Steeber, Truman and Voskuil. Nay: Brunner and Rashkin. (Charter Ord. No. 2009-008) Councilmember Steeber left the Council Chambers. 5. A proposed ordinance creating Chapter 18.80 airport overlay zoning district to the City of Janesville Zoning Ordinance received its second reading and public hearing. Andreah Briarmoon, 339 S. Locust St., asked Council to amend the ordinance to restrict jet traffic. The public hearing was closed. Councilmember Brunner moved to adopt said ordinance, seconded by Councilmember Voskuil and passed unanimously. (File Ord. No. 2009-444) Council President Truman combined New Business Items 6, 7 and 8. 6. A proposed ordinance attaching property located at 3123 South US Highway 51 received its second reading and public hearing. (File Ord. No. 2009-445) 7. A proposed ordinance attaching and zoning to B4 property located at 3123 South US Highway 51 received its second reading and public hearing. (File Ord. No. 2009-446) 8. Action on a request for a Class A Fermented Malt Beverage License for Kwik Trip, Inc. No one spoke. The public hearing was closed. Councilmember Brunner moved to adopt said Ordinance Nos. 2009-445 and 2009-446, and approve a Class A Fermented Malt Beverage License for Kwik Trip, Inc., seconded by Councilmember Voskuil and passed unanimously. NEW BUSINESS 1. Presentation by Janesville Sustainable Committee on Recycling Away From Home Program. Councilmember Rashkin moved to develop a Recycling Away From Home Program, seconded by Councilmember Brunner and passed unanimously. 2. Discussion and possible action on skateboard park. Councilmember Rashkin moved to commit $50,000 toward funding of the skateboard park provided the Janesville Outdoor Skate Park can raise $250,000 by 12/31/2010 and refer site selection to the Leisure Services Committee for recommendation, seconded by Councilmember McDonald and passed by the following vote: Aye: Brunner, McDonald, Rashkin, and Voskuil. Nay: Truman. 3. Authorization for the City Manager to enter into a lease extension for the Tallman House with the Rock County Historical Society. Councilmember Rashkin moved to authorize the City Manager to enter into lease agreement #8, seconded by Councilmember Truman and passed by the following vote: Aye: Brunner, Rashkin, Truman, and Voskuil. Nay: McDonald. 4. Discussion and direction to staff on the 2010 Sidewalk Program. By consensus the Council directed staff to delay implementation of the unfunded sidewalk program until 2011, begin a sidewalk maintenance program in coordination with the street rehabilitation program, and return to Council with a sidewalk permit fee that is lower then the currently proposed $185. 5. Action on a proposed resolution authorizing the acquisition and demolition of real properties located at 1708 Charles St. and 1709 Joseph St. for open green space. Councilmember McDonald moved to adopt said resolution, seconded by Councilmember Voskuil and passed unanimously. (File Res. No. 2009-662) 6. Action on a proposed resolution authorizing the acquisition and demolition of 404 Johnson St. Councilmember McDonald moved to adopt said resolution with a change in relocation costs to $8,500, seconded by Councilmember Voskuil and passed unanimously. (File Res. No. 2009-654) 7. Award of Contract C2009-29 (Landfill Gas Collection System – Phase 1) for Public Works Bid Schedule “L”– 2009. Councilmember Voskuil moved to award said contract to Terra Engineering and Construction Corporation of Madison, WI for $128,623.75, seconded by Councilmember McDonald and passed unanimously. 8. Confirm Council President appointments to the Ice Skating Advisory Committee. Councilmember McDonald moved to approve the Council President’s committee appointments to the Ice Skating Advisory Committee, seconded by Councilmember Voskuil and passed unanimously. 9. A proposed ordinance amending the City’s Building, Vehicles and Traffic, and Housing Regulations regarding fees for re-inspections received its first reading and was scheduled for a public hearing on January 11, 2010. (File Ord. No. 2009-447) 10. Matters not on the agenda. Councilmember Voskuil would like a bus shelter installed at Highway 26 and Kettering; asked what happens to ticketed cars that are not moved during snow emergency. Councilmember McDonald asked Administration to look at St. Lawrence, Division and Van Buren Sts. to clear sidewalks; asked Administration to look at expanding print capabilities for Council packets from the City website. Council President Truman asked Administration to look at possible snow removal violations at the old Cronens on Delavan Dr.; requested Administration provide Council with an update on Case Feed building. Councilmembers McDonald, Truman, and Voskuil thanked staff for excellent work on snow removal. 11. Councilmember McDonald moved to convene into closed session pursuant to Wisconsin Statute Section 19.85(1)(e) for the purpose of deliberating or negotiating the purchase of property for public purposes when competitive or bargaining reasons require a closed session, specifically setting the negotiating and bargaining terms and conditions for: (1) potential acquisition of flood-damaged property located at 1110 Hamilton, and (2) a proposed TIF 22 Development Agreement; and 19.85 (1)(c) for the purpose of considering the employment, promotion, compensation, or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility, specifically the annual evaluation of the City Manager’s performance, seconded by Councilmember Voskuil and passed unanimously. There being no further business, Council convened into closed session at 12:00 AM. These minutes are not official until approved by the City Council. David T. Godek Deputy Clerk-Treasurer