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Minutes 11-14-11 PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN APPROVED 11/28/11 REGULAR MEETING NOVEMBER 14, 2011 VOL. 62 NO. 24 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on November 14, 2011. The meeting was called to order by City Clerk-Treasurer Jean Wulf at 7:00 PM. Councilmember McDonald led the Council in the Pledge of Allegiance. Present: Councilmembers Dongarra-Adams, Liebert, McDonald, Rashkin, and Voskuil. Councilmember Steeber was absent. Councilmember McDonald nominated Councilmember Rashkin to lead the Council meeting, seconded by Councilmember Liebert and passed unanimously. CONSENT AGENDA City Council meeting minutes of A. Special meeting of October 18, 2011. B. Special meeting of October 20, 2011. C. Regular meeting of October 24, 2011. D. Special meeting of October 25, 2011. E. Special meeting of November 3, 2011. Licenses; and Recommendations of the Alcohol License Advisory Committee including an appeal of the denial of an operator’s license for Joshua Passer. (Refer to separate agenda.) Motion to approve final Certified Survey Map #11010-C, Joseph Black, 2 lots along Newcastle Drive. Authorization for the Administration to deny a liability claim brought on behalf of Colin T. Cabelka in the amount of $53,000. Councilmember Rashkin removed Joshua Passer’s operator license appeal 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. Based on information provided to the Council, Councilmember Rashkin moved to deny Joshua Passer’s operator’s license application but didn’t receive a second. Councilmember Liebert moved to approve Joshua Passer’s operator’s license application, seconded by Councilmember Dongarra- Adams and passed by the following vote: Aye: Councilmembers Dongarra-Adams, Liebert and McDonald. Nay: Councilmembers Rashkin and Voskuil. Action on a proposed resolution recognizing the week of November 12-18 as Community Foundation Week. Councilmember McDonald moved to adopt said resolution, seconded by Councilmember Voskuil and passed unanimously. (File Res. No. 2011-850) OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. Paul Williams, 2426 N. Lexington Dr., Mike McCarthy, 4121 Bordeaux Dr. and Chris Ranum, 715 Grove St. spoke against the roundabout at the intersection of E. Milwaukee St. and Wuthering Hills Dr., (NB #4.) Andreah Briarmoon, 339 S. Locust St., suggested the open council seat be filled with the fifth vote getter from the last election (NB #5.) 2. The FY2012 proposed City and Library budgets received their public hearing. John Gorski, 402 E. Centerway, suggested cutting expenses and stated that the roundabout was unnecessary. Rick Leyes, 2317 N. County Rd. E, spoke against the 20% water rate increase and the continued escalating of taxes. Andreah Briarmoon, 339 S. Locust St., suggested there be a citizen’s budget committee and a homeless shelter. Jennifer Wietzel, 2502 Elizabeth St., and David Hyde, 1315 Mineral Point Ave., thanked the Council for keeping the transit service in place and expanding our sidewalk system. Sara Carter, 450 N. Terrace St. and Dawn Renee Penn, 1353 S. Pearl St., suggested the Council not increase the budget. The public hearing was continued until November 28, 2011. Councilmember Rashkin requested information on eliminating the utility director position and split the duties among current staff. He also asked if the golf course subsidy could be decreased. 3. A proposed ordinance amending Chapter 15 (Building Code) of the Code of General Ordinance of the City of Janesville to revise the height threshold and fence height requirements for swimming pools and hot tubs to include a security fence around the facility received its second reading and public hearing. Andreah Briarmoon, 339 S. Locust St., and John Gorski, 402 E. Centerway spoke against the ordinance. The public hearing was closed. Councilmember McDonald moved to adopted said ordinance with the fence height changed back to 30” and koi ponds exempted, seconded by Councilmember Liebert and passed unanimously. (File Ord. No. 2011-500) 4. A proposed ordinance amending the scheduling of regular common council meetings falling on certain holidays and other days, and affecting the order and conduct of business received its second reading and public hearing. Andreah Briarmoon, 339 S. Locust St., spoke against the ordinance. The public hearing was closed. Councilmember McDonald moved to adopt said ordinance, seconded by Councilmember Liebert and passed unanimously. (File Ord. No. 2011- 501) 5. Action on a proposed resolution awarding $13,920,000 in General Obligation Promissory Notes, Series 2011 of the City of Janesville. Wisconsin, establishing interest rates thereon and levying taxes therefor. Councilmember Liebert moved to adopt said resolution, seconded by Councilmember Voskuil and passed by the following vote: Aye: Councilmembers Dongarra-Adams, Liebert, Rashkin and Voskuil. Nay: McDonald. (File Res. No. 2011-843) NEW BUSINESS 1. Presentation on Senior Center accreditation. Cindy McGlynn, the 2010-2011 WASC President presented the Senior Center with their accreditation plaque. 2. Action on a proposed resolution reducing the interest rate for property owners who had sidewalk installed in 2011 and elect to have payments spread over five (5) years. Councilmember McDonald moved to adopt said resolution, seconded by Councilmember Voskuil and passed unanimously. (File Res. No. 2011-855) 3. Action on a proposed resolution supporting the establishment of a recreation water trail along the course of the Rock River and a scenic and historic road route through the City of Janesville. Councilmember McDonald moved to adopt said resolution, seconded by Councilmember Voskuil and passed unanimously. (File Res. No. 2011-840) 4. Action on a proposed resolution establishing the relocation order for the right-of-way of the East Milwaukee Street/Wuthering Hills Drive intersection improvement project. Councilmember McDonald moved to postpone adopting said resolution until such time that administration can provide a liability analysis and a comparative price for a traffic signal. The motion to postpone was seconded by Councilmember Dongarra-Adams and passed by the following vote: Aye: Dongarra- Adams, Liebert, McDonald and Rashkin. Nay: Voskuil. (File Res. No. 2011-851) 5. Discussion, direction and possible action on appointment of a City Councilmember; and election by Council of either a Council President or Council Vice President. Councilmember McDonald moved to postpone discussion on this matter until November 28, 2011 when there is a full council, seconded by Councilmember Dongarra-Adams and passed unanimously. Councilmember McDonald moved to reconsider the matter, seconded by Councilmember Voskuil and passed unanimously. Councilmember Liebert moved to authorize the Clerk-Treasurer Jean Wulf to add to the Type A Election Notice a one year vacancy that is required to be published on November 22, 2011. The motion was seconded by Councilmember Voskuil and passed unanimously. 6. Discussion and action on proposed amendments to City Council Policy Statement #68 regarding investments. Councilmember McDonald moved to adopt said Policy Statement, seconded by Councilmember Voskuil and passed unanimously. 7. 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 McDonald moved to adopt said resolution, seconded by Councilmember Liebert and passed unanimously. (File Res. No. 2011- 856) 8. Action on a motion to change the meeting at which Council President committee appointments take place. Councilmember McDonald moved to approve the change at which committee stnd appointments take place from the 1 to the 2 Council meeting in April, seconded by Councilmember Voskuil and passed unanimously. 9. Consideration and action on a proposed U.S. EPA compliance order concerning certain alleged Janesville sewerage system utility discharges and/or basement backups. Councilmember McDonald moved to execute a response of compliance to the EPA and to execute strategy 3 as discussed in closed session, seconded by Councilmember Voskuil and passed unanimously. 10. Requests and comments from the public on matters which can be affected by Council action. Andreah Briarmoon, 339 S. Locust St., stated that Councilmember Steeber should not be on the Council, foreclosures should be banned and the pool ordinance should be reviewed. 11. Matters not on the Agenda. Councilmember McDonald suggested that there should be a right turn lane on Milwaukee Street. Councilmember Voskuil stated that the State of the City event will be held on November 16, 2011 at 6 p.m. at Parker High School. Councilmember Liebert stated that there will be a Governmental Accountability Board presentation on the Voter ID law at the Job Center on Tuesday, November 15, 2011 from 6:30 to 8:30 p.m. 12. Councilmember Voskuil moved to adjourn, seconded by Councilmember McDonald and passed unanimously. There being no further business, Council adjourned at 9:27 p.m. Jean Ann Wulf City Clerk-Treasurer