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Minutes 11-14-05.doc PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING Approved: November 28, 1005 November 14, 2005 VOL. 56 NO. 17 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on November 14, 2005. The meeting was called to order by Council President Tom Wellnitz at 7:00 p.m. Boy Scout Troop 562 from St. Williams school led the Council in the Pledge of Allegiance. Present: Council President Tom Wellnitz, Councilmembers Brunner, Brien, Williams, Tim Wellnitz, DeGarmo and Addie. CONSENT AGENDA Minutes of the regular meeting of October 24, 2005. Minutes of the closed session of October 24, 2005. Licenses; and Recommendations of the Alcohol License Advisory Committee. Action on a motion to approve final Certified Survey Map #05031-C, Donald Lukas, 2 lots on Joliet Street. Action on a motion to approve final Certified Survey Map #05034-C, Victor Little, 2 lots along Rockshire Drive. Action on a motion to approve final Certified Survey Map #05040-C, Wal-Mart, 3 lots along Kettering Street. Council President Tom Wellnitz stated that the Consent Agenda would be approved if there were no objections. There were none. A proposed resolution recognizing Bill and Jackie Truman as Janesville Good Citizens. Councilmember Williams moved to adopt said resolution, seconded by Councilmember Brien and passed unanimously. (File Res. No. 2005-217) A proposed resolution recognizing Tom Stehura as a Janesville Good Citizen. Councilmember Brunner moved to adopt said resolution, seconded by Councilmember Tim Wellnitz and passed unanimously. (File Res. No. 2005-220) Proposed resolutions recognizing Luke Reinke and Dylan Glindinning as Janesville Good Citizens. Councilmember Williams moved to adopt both resolutions, seconded by Councilmember Tim Wellnitz and passed unanimously. (File Res. Nos. 2005-221 and 2005-222) The students who participated in the Youth in Government Program were present at the Council meeting. OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. Andreah Briarmoon, 339 South Locust Street, opposed the proposed industrial revenue development bond sale and the TIF development agreement between the City and Clinton Machine Company, Inc. 2. Public hearing on the FY 2006 proposed City and Library Budgets. The public hearing was opened. Scott Morovits and Kevin Murray, representatives of the International Association of Fire Fighters’ Local 580 Union, recommended filling the vacant fire inspector position, hiring four additional personnel, and expanding the training budget. Andreah Briarmoon, 339 South Locust Street, expressed her dissatisfaction with creating TIF districts to assist businesses and suggested cutting administrative positions. The public hearing was closed. 3. A proposed resolution vacating a portion of unimproved Deerfield Drive through the Wal-Mart/Sam’s development site received its public hearing. City Attorney Wald Klimczyk, stated the City received and distributed to Council a letter from Attorney Peter McKeever, representing the Caring Committee. Based on that letter, he advised the Council that we had administratively corrected the State Statute numbers referenced on the proposed resolution. No one spoke at the public hearing. Councilmember Williams moved to adopt said resolution, seconded by Councilmember DeGarmo and passed unanimously. (File Res. No. 2005-209) 4. Action on proposed FY2006 City and Library Budgets. Councilmember DeGarmo moved to approve the 2006 Proposed City Budget as revised by the City Council through November 14, 2005, excluding the State and Federal Grants Budget with a General Fund Budget in the amount of $37,569,850 and a tax levy (without TIF) in the amount of $21,621,115, and direct the Finance Director to include these amounts in the 2006 appropriation and levy resolutions. Councilmember Williams seconded the motion and it passed unanimously. Councilmembers Brien and Brunner left the table due to conflicts of interest. Councilmember DeGarmo moved to approve the 2006 Proposed State and Federal Grants Budget, seconded by Councilmember Addie and passed unanimously. Councilmembers Brien and Brunner returned to the table. Councilmember Brunner moved to approve the 2006 Capital Budget for JATV 12 in the amount of $26,900, seconded by Councilmember Tim Wellnitz and passed unanimously. Councilmember DeGarmo moved to approve a 2006 tax levy (without TIF) in the amount of $2,950,375 for Library purposes, and direct the Finance Director to include this amount in the 2006 levy resolution. The motion was seconded by Councilmember Addie and passed unanimously. 5. City Manager’s Report. A) Stormwater Utility. Tim Whittaker, Senior Engineer, gave a presentation on the City’s stormwater utility. He explained why the City implemented the utility, how it is maintained, and the remedial projects completed and planned for the future. NEW BUSINESS 1. A proposed resolution authorizing the City Manager to make an application to the County of Rock, Wisconsin, for an exemption from the Library Tax Levy. Councilmember Williams moved to adopt said resolution, seconded by Councilmember Brunner and passed unanimously. (File Res. No. 2005-219) 2-4. Council President Wellnitz combined action on the following resolutions: A) A proposed resolution approving a TIF Development Agreement with Clinton Machine Co., Inc. authorizing the sale of an 8.28 acre parcel of land; and granting an option to purchase an additional 6.74 acre parcel of land in TIF No. 8. (File Res. No. 2005-223) B) Action on an initial resolution approving up to $4.0 million in industrial development revenue bond financing on behalf of Clinton Machine Company, Inc.; and declaring official reimbursement intent. Information with respect to the job impact of the project was available at the time of consideration of the initial resolution. (File Res. No. 2005-224) C) A proposed resolution waiving the public bidding requirements of Wisconsin Statutes Section 66.1103(11)(b)1 for the industrial development bonds for the Clinton Machine Company, Inc. Project. (File Res. No. 2005-225) Councilmember Addie moved to adopt the above listed resolutions, seconded by Councilmember DeGarmo and passed unanimously. 5. Action on an amendment to Council Policy Statement #66A requiring personal appearance by alcohol license applicant. Councilmember DeGarmo moved to approve said Council Policy with an amendment restricting this policy to new applicants only or establishments amending their existing license, seconded by Councilmember Brien and passed by the following vote: Aye: Councilmembers Brunner, Brien, Williams, DeGarmo and Addie. Nay: Council President Tom Wellnitz and Council Vice President Tim Wellnitz. 6. A proposed ordinance amending the City’s wastewater facility and sewer use ordinance in order to adjust rates and adjust the funding level of the Utility’s replacement fund, as set forth in Chapter 13.16 of the Code of Ordinances of the City of Janesville was introduced and scheduled for public hearing on November 28, 2005. (File Ord. No. 2005-299) 7. A proposed ordinance amending and rendering current Title 13 Water and Sewers was introduced and scheduled for public hearing on November 28, 2005. (File Ord. No. 2005-290) 8. A proposed ordinance amending Janesville General Ordinance 5.06.040 (B) requiring taverns to be 300 feet from Day Care Centers was introduced and scheduled for public hearing on November 28, 2005. (File Ord. No. 2005-298) 9. Requests and comments from the public on matters which can be affected by Council action. Richard Frank, 1119 Elida Street, requested that the Council strike all City ordinances that require the offender to pay for his/her prosecution. Andreah Briarmoon, 339 South Locust Street, stated that the Code Enforcement staff uses selective enforcement. Also, she suggested aldermanic districts. 10. Matters not on the Agenda. Councilmember Brien requested the completion date for the construction on Delavan Drive. Also, he requested that the Administration work with Allied in regard to the overflow of new vehicles parked around General Motors. City Manager Sheiffer stated there will be a Council meeting on December 26, 2005. Councilmember Tom Wellnitz stated his frustration on not being able to attend the neighborhood meeting for the Hendricks project because it may violate the open meetings law. 11. Councilmember Williams moved to convene into closed session, pursuant to Wisconsin Statute Section 19.85 (1) (g), for the purpose of conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved, specifically the claim and litigation concerning one Sherry Saxer, seconded by Councilmember DeGarmo and passed unanimously. There being no further business, Council convened into closed session at 9:20 p.m. These minutes are not official until approved by City Council. Jean Ann Wulf City Clerk-Treasurer