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Minutes 3-14-11 PROCEEDINGS OF THE CITY COUNCIL APPROVED 3/28/11 CITY OF JANESVILLE, WISCONSIN REGULAR MEETING MARCH 14, 2011 VOL. 61 NO. 33 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on March 14, 2011. The meeting was called to order by Council President Voskuil at 7:00 PM. Present: Council President Voskuil, Councilmembers Brunner, McDonald, Perrotto, Rashkin, Truman and Steeber. CONSENT AGENDA Regular City Council meeting minutes of February 28, 2011. Closed session minutes of: August 10, 2009, August 24, 2009, September 14, 2009, September 28, 2009, October 26, 2009, November 9, 2009, February 8, 2010, May 24, 2010, June 14, 2010, June 28, 2010, August 9, 2010 and October 25, 2010. Licenses; and Recommendations of the Alcohol License Advisory Committee. Council President Voskuil stated that all items on the consent agenda would be approved if there were no objections. There were none. OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. Ty Bollerud, 419 S. Walnut St., spoke against the ordinance prohibiting the unlawful use of computerized communication equipment (NB #5). Andreah Briarmoon, 339 S. Locust St., spoke against the proposed snow policies and suggested the City should use the citation method and allow citizens to go through the courts for relief. 2. Public hearing and possible action on a final resolution for public works contract 2011-1 (street resurfacing including curb and gutter, water, sewer, and paving). James Erickson, owner of the commercial building located at 3618 Ridge Dr., asked questions regarding the rate calculations and interest rates. Andreah Briarmoon, 339 S. Locust St., stated that developers should pay 100% of the costs and not rely on the City for financing of improvements. Ty Bollerud, 419 S. Walnut St., stated the City should look out for citizens rights when constructing public improvements. Paul Jacobson, member of Green Tek LLC, requested that his assessment be waived or granted a non-use deferment. The public hearing was closed. Councilmember Steeber moved to adopt said resolution and approve a 5 year non-use deferment for water main affecting parcel 02333400092 owned by Enterprise Drive, LLC and parcel 0304100002 owned by Arthur Donaldson, seconded by Councilmember Brunner. Councilmember Steeber offered a friendly amendment to allow a 10 year payment plan for Green Tek, LLC and it was accepted by the seconder of the motion. The Council voted on the motion, as amended, and it passed unanimously. (File Res. No. 2011-780) NEW BUSINESS 1. Award of Bid Schedule “A” – 2011: contract 2011-1 (street resurfacing); contract 2011-2 (curb & gutter and sidewalk replacement); contract 2011-3 (manhole rehabilitation/reconstruction); contract 2011- 4 (new sidewalk); contract 2011-5 (South Pearl Street reconstruction); contract 2011-6 (Black Bridge water main); contract 2011-7 (Palmer Drive & CAMDEN parking lot reconstruction). Councilmember Steeber moved to include the necessary funding in the 2011 note issue for the above contracts and award the following contracts to: Contract Company Amount 2011-1 Rock Road Companies, Inc. $1,175,714.15 2011-2 Yeske Construction Co., Inc. $658,725.00 2011-3 Infrastructure Technologies, Inc. $211,859.00 2011-4 J.B. Johnson Bros., LLC $408,113.75 2011-5 Frank Silha & Sons Excavating, Inc. $467,635.50 2011-6 Rawson Contractors, Inc. $1,121,783.00 2011-7 Rock Road Companies, Inc. $233,375.49 Councilmember Truman seconded the motion and it passed by the following vote: Aye: Brunner, Perrotto, Rashkin, Steeber, Truman and Voskuil. Nay: McDonald. By consensus, the Council requested that a study session be held after the election to discuss financial and debt policies of the City and to review future borrowings. 2. Action on a proposed resolution authorizing the City Manager to execute a lease with the American Legion Baseball of Janesville, WI for the operation of a portion of Riverside Park. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Truman and passed unanimously. (File Res. No. 2011-779) 3. Discuss and provide direction to staff on sidewalk snow removal policies on private property. John Whitcomb, Operations Director, presented information on our current policy and options to add proactive inspections and citations. City Manager Levitt stated that there was more citizen compliance with snow removal by citizens. If the Council were to enhance enforcement efforts than the reinspection fees would be the best option. The Council requested that the following options be placed on a future agenda: a) Increase fines for parking violations during a snow emergency. b) Implement a towing option. c) Issue citations. d) Develop information on volunteer groups that assist elderly and handicapped with snow removal. 4. A proposed ordinance amending JGO Chapter 10.71 regulating the use of Neighborhood Electric Vehicles so as to regulate the use of Low Speed Vehicles in the City of Janesville was introduced and scheduled for a public hearing on March 28, 2011. (File Ord. No. 2011-477) 5. A proposed ordinance creating JGO Section 9.39.025 and amending JGO Section 9.39.030 prohibiting the unlawful use of computerized communication systems in the City of Janesville was introduced and scheduled for a public hearing on March 28, 2011. (File Ord. No. 2011-479) 6. Requests and comments from the public on matters which can be affected by Council action. Richard Erdman, 411 W. Milwaukee St., and Lee Ann Heise, representing the Exclusive Company, requested that Council revisit the pawnbroker ordinance because of lack of notice and information provided to effected businesses. Ty Bollerud, 419 S. Walnut St., requested the City explore hydro-electric power generation. Andreah Briarmoon, 339 S. Locust St., stated that less than 1 percent of residents were in non-compliance for snow removal this year and the Council should stop the regulation. 7. Matters not on the Agenda. Councilmember Rashkin requested information on the communication process used to inform second hand and pawn shop dealers about the ordinance regulating their businesses. Councilmember Perrotto stated that the Sustainability Committee requested that they review the plans for the proposed Ice Arena construction project. Councilmember Brunner stated that spring is here because Frostee Freeze is now open. Council President Voskuil stated that the next Big Give is scheduled for Saturday, April 9, 2011. 8. Councilmember Steeber moved to convene into closed session, pursuant to Wisconsin Statute Section 19.85(1)(e) for the purpose of deliberating and setting the potential negotiating terms, conditions, and provisions of collective bargaining agreements and related bargaining strategies and matters; and setting the negotiation and bargaining strategies, terms, and conditions for a potential TIF #32 development agreement since competitive and/or bargaining reasons required a closed session. The motion was seconded by Councilmember Truman and passed unanimously. There being no further business, Council convened into closed session at 9:45 p.m. These minutes are not official until approved by City Council. Jean Ann Wulf Clerk-Treasurer