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Minutes 2-13-12 PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN APPROVED 2/27/12 REGULAR MEETING FEBRUARY 13, 2012 VOL. 62 NO. 31 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on February 13, 2012. The meeting was called to order by Council President Steeber at 7:00 PM. Boy Scout Troop #539 led the Council in the Pledge of Allegiance. Present: Council President Steeber and Councilmembers Dongarra-Adams, Liebert, McDonald, Rashkin, and Voskuil. CONSENT AGENDA City Council meeting minutes of January 23, 2012. Licenses; and Recommendations of the Alcohol License Advisory Committee. (Refer to separate agenda.) Council President Steeber 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. Tony Farrell Sr., 2600 Meadowview Dr. spoke in support of an agreement with Shine Medical Technologies (SHINE) (NB #1). Julie Backenkeller, 719 N. Grant Ave., Al Lembrich, 541 Miller Ave., Jim Ferrell, 1427 N. Harmony Dr., Gary Utterberg, 5128 Buckskin Dr., Andreah Briarmoon, 339 S. Locust St., Guy Smith, 2413 Hawaii Dr. and Billy McCoy, 1326 Putnam Ave., spoke against an agreement with SHINE (NB #1). Edward Spenske, 1411 S. Terrace St., spoke against upgrading the ice arena (NB #4). Mary Vuhovich, 811 N. Washington St., spoke in favor of extending health care and related benefits to domestic partners of qualifying City and Library employees (NB #2). Michael McCarthy, 4121 Bordeaux Dr., spoke against extending health care and related benefits to domestic partners (NB #2), spoke against upgrading the Ice Arena (NB #4) and spoke against entering into a TIF development agreement with SHINE (NB #1). Greg Piefer, representing SHINE and Tim Weber, 1615 Newport Ave., spoke in favor of entering a TIF agreement with SHINE. Council President Steeber moved New Business #7 next in the discussion. 7. Review and approval of an economic development grant to Decisions LLC, DBA as Lyfe Lounge and Banquets (Lyfe) located at 18-24 River Street. Councilmember McDonald moved to approve said grant, seconded by Councilmember Liebert and passed unanimously. Council president Steeber combined the public hearing and action on Old Business Items #2 and #3. 2. & 3. Proposed ordinances annexing property located at 4021 U.S. Highway 51 South, (Ord. No. 2012-506) and zoning said property to M1 upon annexation, (Ord. No. 2012-507) received their second reading and public hearing. Julie Backenkeller, 719 N. Grant Ave., and Mike McCarthy, 4121 Bordeaux Dr., opposed the ordinances and stated that farmland should be preserved. Andreah Briarmoon, 339 S. Locust St., opposed the ordinances and the City’s plan to provide this property to SHINE. Al Lembrich opposed the ordinances and stated the SHINE development should use existing property within our TIF districts. The public hearing was closed. Councilmember Rashkin moved to adopt said ordinances, seconded by Councilmember Dongarra-Adams and passed by the following vote: Aye: Dongarra-Adams, Liebert, Rashkin, Steeber and Voskuil. Nay: McDonald. Council President Steeber moved Old Business #5 to next in the discussion. 5. Action on a proposed resolution amending the Project Plan and boundaries for Tax Increment Finance District No. 35. Councilmember Rashkin moved to adopt said resolution, seconded by Councilmember Voskuil, and passed unanimously. (File Res. No. 2012-875) Council President Steeber moved New Business #1 to next in the discussion. NEW BUSINESS 1. Action on a proposed resolution authorizing the City Manager to enter into a TIF development agreement with SHINE. Councilmember Dongarra-Adams moved to adopt said resolution, seconded by Council President Steeber. Economic Development Director Vic Grassman introduced the officers of SHINE and they described their business plan. After discussion, Councilmember Voskuil moved the question, seconded by Councilmember Liebert and passed by the following vote: Aye: Dongarra-Adams, Liebert, Steeber and Voskuil. Nay: McDonald and Rashkin. The Council voted on the motion and it passed by the following vote: Aye: Dongarra-Adams, Liebert, Steeber and Voskuil. Nay: Rashkin. Pass: McDonald. (Resolution No. 2012-882) Council President Steeber moved Old Business #4 to next in the discussion. 4. A proposed ordinance amending City of Janesville alcohol regulations to allow Class A liquor and beer sales starting at 8:00 o’clock a.m. received its second reading and public hearing. Police Chief Moore presented information on this ordinance. During his presentation, he showed the Council the 26 long stem red roses that the Police th Department received from the 4 Ward Committee for the 26 drug arrests made in their area. Sarah Johnson, 1314 S. Arch St., spoke in favor of the ordinance. Andreah Briarmoon, 339 S. Locust St., spoke against the ordinance. The public hearing was closed. Councilmember Liebert moved to adopt said ordinance, seconded by Councilmember Rashkin and failed by the following vote: Aye: Liebert and Rashkin. Nay: Dongarra-Adams, McDonald, Steeber and Voskuil. Councilmembers Voskuil and Dongarra-Adams requested the Administration prepare an ordinance with the hours from 6 a.m. to 9 p.m. (Revised File Ord. No. 2012-508) 2. Action on a proposed resolution extending health care and related benefits to domestic partners of qualifying City and Library employees. Councilmember Liebert moved to adopt said resolution, seconded by Councilmember Rashkin. Councilmember Rashkin offered a friendly amendment to extend funeral leave now and requested the Administration prepare information on health care benefits to be considered during the 2013 budget discussions. The friendly amendment was not accepted. The original motion was withdrawn. Councilmember Liebert moved to adopt the resolution with funeral leave extended within 30 days and to exclude all health insurance benefits, seconded by Councilmember Rashkin and passed unanimously. (File Res. No. 2012-863) 3. Presentation on elections. City Clerk-Treasurer Jean Ann Wulf gave a presentation on elections. She explained redistricting, polling place changes, and the new photo ID law. 4. Award of Contracts 2012-1 (ice arena addition & renovation), 2012-2 (landfill closure – phase 1), and 2012-3 (new sidewalk) for Public Works Bid Schedule A – 2012. Councilmember McDonald moved to award the contracts as recommended, with Contract 2012-1 including alternate number 5, seconded by Councilmember Liebert. The motion and second were withdrawn. Councilmember Liebert moved to award contracts 2012-1 and include alternate number 5, 2012-2, and 2012-3 to the low bidders and express the intent to include in the 2012 Note Issue $675,000 for the Ice Arena project, $1,430,000 for the Landfill project, and $318,310 for new Sidewalks. The motion was seconded by Councilmember Voskuil. Council President Steeber stated that each contract would be voted on separately. Contract 2012-1 including alternate number 5 passed by the following vote: Aye: Dongarra-Adams, Liebert, Rashkin, Steeber and Voskuil. Nay: McDonald. Contract 2012-2 passed unanimously. Contract 2012-3 failed by the following vote: Aye: Rashkin, Steeber and Voskuil. Nay: Dongarra-Adams, McDonald and Liebert. Councilmember McDonald moved to reconsider Contract 2012-3, seconded by Council President Steeber and the motion to reconsider passed by the following vote: Aye: McDonald, Rashkin, Steeber and Voskuil. Nay: Liebert and Dongarra-Adams. Councilmember McDonald moved to award Contract 2012-3, seconded by Council President Steeber and passed by the following vote: Aye: McDonald, Rashkin, Steeber and Voskuil. Nay: Dongarra-Adams and Liebert. Councilmember Voskuil left the Council Chambers 5. Action on a proposed preliminary resolution for assessable sewer and water laterals and schedule a public hearing for the final resolution. Councilmember McDonald moved to adopt said resolution and schedule a public hearing on February 27, 2012, seconded by Councilmember Rashkin and passed unanimously. (File Res. No. 2012-881) Councilmember Voskuil returned to the Council Chambers. 6. Action on a proposed resolution authorizing the City Administration to expend funds to replace turf maintenance equipment at Riverside and Blackhawk Golf Courses. Councilmember McDonald moved to adopt said resolution, seconded by Councilmember Voskuil and passed unanimously. Director of Administration Jay Winzenz informed the Council that the bridges at Blackhawk Golf Course were unsafe and needed immediate attention. Councilmembers requested that the Administration explore fund raising to offset some of the bridge repair costs. (File Res. No. 2012-885) 8. Action on a proposed resolution supporting an amendment to the US Constitution regarding corporate personhood. Councilmember Rashkin moved to adopt said resolution, seconded by Councilmember Liebert. The motion was withdrawn. Councilmember McDonald suggested having this item return as a referendum item for the November Election. (File Res. No. 2012-880) 9. Action on a proposed Council policy establishing term limits for City Councilmembers serving on Boards, Commissions and Committees. Councilmember Rashkin moved to approved Council Policy No. 90 with appointments prior to 2012 excluded, seconded by Councilmember McDonald and failed by the following vote: Aye: McDonald and Rashkin. Nay: Dongarra-Adams, Liebert, Steeber and Voskuil. (Council Policy No. 90). 10. Action on dissolution of the Ice Skating Center Advisory Committee and the Cable Advisory Committee. Councilmember Rashkin moved to approve the dissolution of both committees, seconded by Councilmember McDonald. Council President stated that the Council will vote separately on each committee. The Ice Skating Center Advisory Committee dissolution passed by the following vote: Aye: Liebert, McDonald, Rashkin and Steeber. Nay: Dongarra-Adams and Voskuil. The Cable Advisory Committee dissolution passed unanimously. 11. A proposed ordinance amending Janesville’s parking penalties was introduced and scheduled for a public hearing on February 27, 2012. (File Ord. No. 2012-509) 12. Requests and comments from the public on matters which can be affected by Council action. Tony Farrell, 2600 Meadowview Dr., stated that Rock County Day in Madison is scheduled for Wednesday, February 22, 2012 and would be a good opportunity to show the state what is important in Janesville. Andrea Briarmoon, 339 S. Locust St., stated that the Council should rescind their vote on sidewalks, the golf lease agreement should include payments to the City instead of to the management company, election postcards should be sent to all residents, drug dealers do not live in the fourth ward and resents the flowers sent to the Police Department, and we should monitor the nuclear waste generated by SHINE. Guy Smith, 2413 Hawaii Dr., requested additional discussion on SHINE because it is a detriment to the City, stated that sidewalks should not be ordered in and Blackhawk Golf Course should be shut down to save money. 13. Matters not on the Agenda. Councilmember Voskuil asked that the 2011 Employees of the Year be recognized at a future Council meeting. 14. Councilmember Rashkin moved to adjourn, seconded by Councilmember McDonald and passed unanimously. There being no future business, the Council adjourned at 11:55 p.m. Jean Ann Wulf City Clerk-Treasurer