Minutes 12-12-05.doc
PROCEEDINGS OF THE CITY COUNCIL
CITY OF JANESVILLE, WISCONSIN
REGULAR MEETING
December 12, 2005 Approved: December 26, 2005
VOL. 56
NO. 20
Regular meeting of the City Council of the City of Janesville held in the Municipal Building on
December 12, 2005.
The meeting was called to order by Council President Tom Wellnitz at 7:00 p.m. Councilmember
DeGarmo 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 28, 2005.
Minutes of the closed session of November 28, 2005.
Licenses; and Recommendations of the Alcohol License Advisory Committee.
Action on a motion to approve final Certified Survey Map #05043-C, Gordie Boucher, 1 lot on USH 14.
Waiver of procedure for special assessments for sidewalk charges for CSM 05043-C, Boucher.
Council President Tom Wellnitz stated that 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.
Mike Hanna, 1248 East Memorial Drive, stated the City should display Christmas decorations in the
downtown area and on Milton Avenue.
New Business Item No. 5 was taken out of order.
5. Review and approval of an Economic Development Grant to the East Point Sportz Pub located at 3501
East Milwaukee Street. Councilmember Williams moved to approve the $10,000 Economic Development
Grant to the East Point Sportz Pub and waive the required deed restriction which would prohibit sexually
oriented businesses, seconded by Councilmember DeGarmo and passed unanimously.
2-6. Council President Wellnitz combined action on the following ordinances: 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); and 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) received their second reading and public hearing. The
public hearing was opened. Al Lembrich, 541 Miller Avenue; Bill McCoy, 1326 Putnam Avenue; and
Andreah Briarmoon, 339 South Locust Street, opposed the proposed ordinances and requested
postponement and an additional public hearing. Richard Frank, 1119 Elida Street; Dave Bickle, 1734
Tamarack Lane; Mike Hanna, 1248 East Memorial Drive; and Jeanine Zillmer, 5734 Highway 51 South,
Apartment 2, opposed the proposed ordinances. The public hearing was closed. Councilmember
DeGarmo moved to adopt said ordinances and include a friendly amendment to 2005-258 for word
clarification, seconded by Councilmember Williams and passed by the following vote: Aye: Council
President Tom Wellnitz, Councilmembers Brunner, Brien, Williams, Tim Wellnitz, and DeGarmo. Nay:
Councilmember Addie.
Councilmembers Brunner and Brien requested that the Administration draft a proposed ordinance that
would exempt the $200 Zoning Board of Appeals filing fee in certain situations.
Councilmember DeGarmo left the Council table due to a conflict of interest.
7. & 8. A proposed ordinance annexing property located north and adjoining STH 26 and east of John Paul
Road (File Ord. No. 2005-295) and a proposed ordinance zoning said property to R1 following annexation
(File Ord. No. 2005-296) were combined and given their second reading and public hearing. The public
hearing was opened. Attorney Harry O’Leary, Richard Bates and Troy Krup, all representing Kennedy
Homes, spoke in favor of the ordinances. Andreah Briarmoon, 339 South Locust Street, requested that
30% of this development be used for affordable homes. Chris Jakes, 3728 East Rovi Drive, stated that the
proposed lot sizes were too small. Dave Bickle, 1734 Tamarack Lane, expressed his concern for the
additional school space needed to accommodate this development and the burden on the taxpayer. Steve
Wegner, 5810 North Violet View Drive, stated the plan has changed significantly from the 2000 plan and
the amount of parkland has been significantly reduced. The public hearing was closed. Councilmember
Addie moved to adopt said ordinances, seconded by Councilmember Tim Wellnitz and passed
unanimously.
Councilmember DeGarmo returned to the Council table.
9. A proposed ordinance establishing a mid-block crosswalk on Jatco Drive approximately 200 feet to the
west of South Jackson Street centerline was given its second reading and public hearing. No one spoke at
the public hearing. Councilmember Williams moved to adopt said ordinance, seconded by Councilmember
Brunner and passed unanimously. (File Ord. No. 2005-300)
10. A proposed resolution vacating a portion of Rock Street east of South River Street received its public
hearing. No one spoke at the public hearing. Councilmember Williams moved to adopt said resolution,
seconded by Councilmember Brunner and passed unanimously. (File Res. No. 2005-211)
11. A proposed ordinance amending the zoning ordinance to create a Well Head Protection Overlay
District received its second reading and public hearing. No one spoke at the public hearing.
Councilmember Williams moved to adopt said ordinance, seconded by Councilmember Addie and passed
unanimously. (File Ord. No. 2005-292)
12. Action on a proposed resolution awarding $3,900,000 General Obligation Promissory Notes, Series
2005-A, establishing interest rates thereon and levying taxes therefore. Councilmember DeGarmo moved
to adopt said resolution, seconded by Councilmember Addie and passed unanimously. (File Res No. 2005-
229)
13. Award of Contract 2005-24 (Landfill Closure – Phases 5 and 6) for Public Works Bid Schedule “H” –
2005. Councilmember Tim Wellnitz moved to award Contract 2005-24 to Frank Silha & Sons Excavating,
in the amount of $1,127,091.80 with the City’s intent to borrow funds in the 2006 Note Issue, not to exceed
$480,000, for the construction required for Phase 5 closure, seconded by Councilmember Williams and
passed unanimously.
14. City Manager’s Report.
A) Winter Weather/Snow Emergency Information
John Whitcomb, Operations Director, defined what constitutes a “snow emergency” and detailed the City’s
communication efforts to inform citizens of our snow operation efforts. The City now has a Snow Hotline
(755-SNOW).
NEW BUSINESS
1. A proposed resolution approving the FY2006 Community Development Block Grant (CDBG) Program
Submission and HOME Investment Partnership (HOME) Program Submission. Councilmember Addie
moved to adopt said resolution, seconded by Councilmember Tim Wellnitz and passed unanimously. (File
Res. No. 2005-216)
2. Action on a proposed resolution authorizing the issuance of $81,000 in promissory notes for the
required local matching funds for a Fire Act Grant. Councilmember Williams moved to adopt said
resolution, seconded by Councilmember Brien and passed unanimously. (File Res. No. 2005-231)
3. Action on proposed amendments to Council Policy Statement #68, Investment of City Funds.
Councilmember Williams moved to adopt said amendments, seconded by Councilmember Brunner and
passed unanimously.
4. Action on a proposed preliminary resolution for public works bid schedule I (water and sewer).
Councilmember Tim Wellnitz moved to adopt said resolution, seconded by Councilmember Williams and
passed unanimously. The final resolution was scheduled for public hearing on January 23, 2006. (File
Res. No. 2005-232)
6. Committee appointment. Councilmember Addie moved to approve City Manager Sheiffer’s appointment
of Dave Carlson, 425 Grove Street, to the Hedberg Public Library Board, seconded by Councilmember Tim
Wellnitz and passed unanimously.
7. A proposed resolution vacating a frontage road access easement at 2704-2720 East Milwaukee Street
was referred to Plan Commission and scheduled for public hearing on January 23, 2006. (File Res. No.
2005-230)
8. A proposed ordinance making revisions to the City of Janesville Floodplain Ordinance, Chapter 18.60
was introduced, referred to Plan Commission and scheduled for public hearing on January 23, 2006. (File
Ord. No. 2005-301)
9. A proposed ordinance amending the Code of General Ordinances to regulate the hours of operation for
public and private trash haulers within the City of Janesville was introduced and scheduled for public
hearing on January 9, 2006. (File Ord. No. 2005-302)
10. & 11. A proposed ordinance annexing property located at 1740 Highway 14 (Blackhawk Technical
College, Center for Transportation Studies) (File Ord. No. 2005-303) and zoning of said property to B3
upon annexation (File Ord. No. 2005-304) were introduced and scheduled for public hearing on January 9,
2006.
12. Requests and comments from the public on matters which can be affected by Council action. Dave
Bickle, 1734 Tamarack Lane, suggested adding trees along I-90 to soften the traffic noise.
13. Matters not on the Agenda. There were none.
14. Councilmember Williams 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 10:21 p.m.
These minutes are not official until approved by City Council.
Jean Ann Wulf
City Clerk-Treasurer