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Minutes 11-28-05.doc PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING Approved: December 12, 2005 November 28, 2005 VOL. 56 NO. 18 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on November 28, 2005. The meeting was called to order by Council President Tom Wellnitz at 7:00 p.m. Christine Sperling 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 November 14, 2005. Minutes of the closed session of November 14, 2005. Licenses; and Recommendations of the Alcohol License Advisory Committee. Financial statement for the month of October 2005. Action on a motion to approve final Certified Survey Map #05036-C, Richard Stockwell, 2 lots on Liberty Lane. Action on a motion to approve final Certified Survey Map #05038-C, City of Janesville, 3 lots on Ruger Avenue. Action on a motion to approve final Certified Survey Map #05042-C, City of Janesville, 2 lots on Freedom Lane. Council President Tom Wellnitz stated that the Consent Agenda would be approved if there were no objections. There were none. A proposed resolution in commendation of Christine Sperling’s 28 years of service to the City of Janesville. Councilmember Brien moved to adopt said resolution, seconded by Councilmember Williams and passed unanimously. (File Res. No. 2005-233) OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. There were none. 2. & 3. Proposed ordinances annexing land located north of CTH A including the Robert O. Cook Memorial Arboretum property and adjoining land to the south and east (File Ord. No. 2005-293) and a proposed ordinance zoning the Robert O. Cook Memorial Arboretum property north of CTH A to Conservancy and adjoining land to the south and east to R1 and R3M following annexation (File Ord. No. 2005-294) were combined and given their second reading and public hearing. The public hearing was opened. Todd Buehl, Hendricks Project Manager; Dave Schreiber, Schreiber-Anderson Associates; and Ron Combs, Combs & Associates, all spoke in support of the ordinances. Rick Leyes, 2317 North Washington Street and Andreah Briarmoon, 339 South Locust Street, spoke in opposition to the ordinances. Kris Beeler, 2351 Summit Drive, requested that Royal Oaks subdivision roads not be used to access the Hendrick’s project. The public hearing was closed. Councilmember Williams moved to adopt said ordinances, seconded by Councilmember Tim Wellnitz and passed unanimously. 4. 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 received its second reading and public hearing. The public hearing was opened. Al Lembrich, 541 Miller Avenue and Andreah Briarmoon, 339 South Locust Street, both spoke in opposition to the ordinance. The public hearing was closed. Councilmember Williams moved to adopt said ordinance, seconded by Councilmember DeGarmo and passed unanimously. (File Ord. No. 2005-299) 5. A proposed ordinance amending and rendering current Title 13 Water and Sewers was given its second reading and public hearing. No one spoke at the public hearing. Councilmember Brunner moved to adopt said ordinance, seconded by Councilmember Addie and passed unanimously. (File Ord. No. 2005-290) 6. A proposed ordinance amending Janesville General Ordinance 5.06.040 (B) requiring taverns to be 300 feet from Day Care Centers received its second reading and public hearing. The public hearing was opened. Richard Frank, 1119 Elida Street; Andreah Briarmoon, 339 South Locust Street; and Bruce Monson, 602 East Milwaukee Street, spoke in opposition to the ordinance. The public hearing was closed. Councilmember Brien moved to adopt said ordinance, seconded by Councilmember Addie and passed by the following vote: Aye: Councilmembers Brunner, Brien, Williams, Tim Wellnitz, and Addie. Nay: Councilmembers Tom Wellnitz and DeGarmo. (File Ord. No. 2005-298) 7. City Manager’s Report. A) Hedberg Public Library Adult and Reference Services. Jean Yeomans and Susan Braden, Hedberg Public Library Reference Desk staff, presented information on adult programming and reference services offered by the library. NEW BUSINESS 1. A proposed resolution adopting a budget, appropriating funds, authorizing expenditures and levying a tax therefor by the City of Janesville for the fiscal year ending December 31, 2006. Councilmember Williams moved to adopt said resolution, seconded by Councilmember DeGarmo and passed unanimously. (File Res. No. 2005-226) 2. Action on a proposed resolution authorizing the issuance of $3,900,000 General Obligation Notes, Series 2005A, and providing the details thereof. Councilmember Williams moved to adopt said resolution, seconded by Councilmember DeGarmo and passed unanimously. (File Res. No. 2005-228) 3. A proposed resolution authorizing a contract with Alliant Energy for an energy saving project at the Municipal Building. Councilmember Addie moved to adopt said resolution, seconded by Councilmember Brien and passed unanimously. (File Res. No. 2005-227) 4. Recommendations of the Nuisance and Housing Code Committee: The following ordinances were introduced and scheduled for public hearing on December 12, 2005: A. A proposed ordinance renumbering, amending, and creating a new provision in JGO Section 15.01.050 E. thereby permitting alterations to damaged, dilapidated, and/or deteriorated buildings or structures unfit for human habitation when a compliance agreement has been signed by the property owner in accordance with JGO 15.80.050, with a penalty and other relief for violations thereof as set forth in JGO Chapter 15.80. (File Ord. No. 2005-257) B. A proposed ordinance amending JGO Section 15.01.100 I. requiring a building permit for the moving of old, damaged, dilapidated, deteriorated and unfit buildings and structures, with a penalty and other relief for violations thereof set forth in JGO Chapter 15.80. (File Ord. No. 2005-258) C. A proposed ordinance amending JGO Section 15.01.120 and creating a time limit for a compliance agreement concerning raze or repair orders, with a penalty and other relief for violations thereof as set forth in JGO Chapter 15.80. (File Ord. No. 2005-259) D. A proposed ordinance amending JGO Section 15.80.050 allowing property owners the option of razing or entering into a compliance agreement to repair a building or structure that is old, damaged, dilapidated, deteriorated that has been declared unfit for human habitation and providing repair specifications therein, with a penalty and other relief for violations thereof as set forth in JGO Chapter 15.80. (File Ord. No. 2005-260) E. A proposed ordinance amending JGO Section 16.08.140 specifying when the condemnation of old, damaged, dilapidated, deteriorated and unfit buildings and structures can be ordered, with a penalty and other relief for violations thereof as set forth in JGO Section 16.08.210. (File Ord. No. 2005-261) 5. A proposed ordinance establishing a mid-block crosswalk on Jatco Drive approximately 200 feet to the west of South Jackson Street centerline was introduced and scheduled for public hearing on December 12, 2005. (File Ord. No. 2005-300) 6. Council President Tom Wellnitz scheduled a study session for Tuesday, December 6, 2005, at 6:00 p.m. at the Transit Building. Council waived notice of the study session. 7. Requests and comments from the public on matters which can be affected by Council action. Andreah Briarmoon, 339 South Locust Street, stated her opposition to various city rules and practices. Richard Frank, 1119 Elida Street, requested that the City Code of General Ordinances be rewritten to be more understandable to the public. 8. Matters not on the Agenda. Councilmember Brunner asked when County A would be improved due to the proposed Hendrick’s development. Planning Director Brad Cantrell stated the City is undergoing a traffic study for this area and any improvements may occur in 3-5 years. Councilmember Addie provided Councilmembers with a list of eight reasons why the Council should review all condemnations. 9. Councilmember DeGarmo moved to convene into closed session, pursuant to Wisconsin Statute Section 19.85 (1) (e), for the purpose of deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session, specifically setting the negotiation/bargaining terms and conditions for acquiring certain real property for public purposes, seconded by Councilmember Addie and passed unanimously. There being no further business, Council convened into closed session at 10:06 p.m. These minutes are not official until approved by City Council. Jean Ann Wulf City Clerk-Treasurer