- Public Accountability • Civic Literacy • Common-Sense Conversations
Vol. 2, Issue No. 26 June 19, 2026 – (1791 words – a seven-minute read)
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WHAT’S AHEAD:
A City Council at a Turning Point and Part II of Janesville’s Zoning Rewrite
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The Data Center Question: Which Comes First: The Rules or the Deal?
Monday night’s Janesville City Council agenda may ultimately be remembered for a question far larger than any single development proposal.
Not whether a data center is good or bad.
Not whether redevelopment of the former GM/JATCO site should move forward.
But whether Janesville establishes the rules before negotiating the deal, or negotiates the deal before establishing the rules.
Two Agenda Items, One Larger Question
On the surface, two agenda items appear unrelated.
One would extend the City’s Letter of Intent with Viridian Acquisitions for an additional sixty days as discussions continue regarding redevelopment opportunities at the former GM/JATCO property.
The second would direct City staff to develop expanded zoning and land-use provisions governing future data center development within the City of Janesville. Hypothetically Speaking supports consideration of both actions. But before proceeding further, a distinction must be made.
This editorial commentary is not taking a position on any future data center proposal.
At this point, there is no publicly presented development proposal for citizens to evaluate. The community does not yet know the scale, design, infrastructure requirements, water demands, power consumption, environmental impacts, emergency backup systems, operational characteristics, tax benefits, or long-term community implications of any potential project.
Those questions will eventually deserve answers. They are simply not the question before the Council on Monday. The question before the Council is one of governance. The question is timing.
AND THE REAL QUESTION IS:
“The issue before the Council is not whether a data center is good or bad. The issue is whether public policy should lead negotiations—or follow them.”
Why the Sequence Matters
At its best, zoning serves as a community’s instruction manual. It establishes expectations before projects arrive. It tells developers what standards apply. It tells citizens what protections exist. It tells elected officials what framework should guide decision-making.
Whether the subject is housing, manufacturing, renewable energy, retail development, utility infrastructure, or data centers, the underlying principle remains the same:
Policy first. Project second.
Yet Monday’s agenda presents the possibility of the reverse.
While negotiations continue regarding a redevelopment opportunity, the City is simultaneously considering what rules may be appropriate to govern that very type of development.
That approach may be completely legal. It may be entirely well-intentioned. It may even be common. But legality and wisdom are not always the same thing.
The concern is not that rules are being developed. The concern is when they are being developed.
ALWAYS THE CHICKEN AND EGG QUESTION:
“The strongest public policies are written before a project arrives, NOT while a potential project is already under discussion.”
Two Paths Forward
The Council has options.
It can proceed exactly as proposed. It can extend the Letter of Intent and continue negotiations while staff develops additional zoning standards.
Or it can choose a different path.
The Council could first establish the community’s expectations regarding infrastructure improvements, utility demands, water usage, environmental protections, emergency power systems, traffic impacts, public participation requirements, and long-term site responsibilities.
Only after those standards are established will negotiations continue under a framework that everyone understands.
Both options remain available. Neither prevents redevelopment. Neither closes the door on economic opportunity. The difference is one of sequence.
One path establishes the rules before the game begins.
The other develops the rules while the game is already underway.
That distinction matters.
A Matter of Timing
Imagine installing a burglar alarm while the suspected intruder is already sitting at the kitchen table helping decide where the sensors should be placed.
Imagine writing the terms of a contract after both parties have already shaken hands. Imagine closing the barn door after the horses have left the corral.
The concern is not the alarm. The concern is not the contract. The concern is not the door.
The concern is timing.
The same principle applies to public policy. Good policy should guide negotiations. Negotiations should not shape policy.
THE ULTIMATE TRUTH IN PUBLIC POLICY:
“Developers benefit from certainty. Citizens benefit from transparency. Elected officials benefit from clear standards. Everyone benefits when the rules are known before decisions are made.”
Growth and Governance Can Coexist
To be clear, this is not a criticism of Viridian Acquisitions. Nor is it opposition to redevelopment of the former GM/JATCO property.
Janesville should continue aggressively pursuing responsible economic development opportunities. The former GM site remains one of the most important redevelopment assets in southern Wisconsin. Finding productive uses for that property is a legitimate public objective.
But economic development and good governance are not competing values. They are complementary values.
In fact, major projects often move more smoothly when expectations are established early. Developers know the standards. Investors understand the requirements. Citizens know what protections exist.
Elected officials can make decisions within a framework already debated and approved through a public process.
That creates certainty.
And certainty benefits everyone.
The Larger Question Before the Council
Monday night’s discussion therefore represents something larger than a routine zoning conversation. It represents an opportunity for the Council to determine how Janesville approaches major development opportunities in the future.
Will policy lead?
Or will policy follow?
Will the community establish its expectations first?
Or will those expectations emerge while negotiations are already underway?
Those are governance questions.
Those are transparency questions.
And those are public trust questions.
The answers may influence far more than a single redevelopment proposal. They may help define how Janesville balances growth, accountability, and public participation for years to come.
The Bottom Line
As citizens consider Monday night’s agenda, the most important question is also the simplest:
Which comes first, the rules or the deal?
Because once negotiations advance, reversing the order becomes much more difficult.
And in public policy, as in life, timing often matters as much as the decision itself.
COMMENTARY BY RH GRUBER, PUBLISHER/EDITOR
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JANESVILLE’S ZONING REWRITE, PART II
Who Decides? The Quiet Shift That May Matter Most
When people think about zoning debates, they often focus on what is being proposed.
A new subdivision. An apartment complex. A commercial development. A data center.
But there is another question that may be even more important:
Who gets to decide?
That question sits at the heart of Janesville’s proposed zoning rewrite. And it may represent the most significant policy change in the entire document.
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PONDER THIS JOHN AND JOAN Q. CITIZEN:
“The biggest change may not be what can be built. It may be who gets to decide whether it gets built.”
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A Different Philosophy
At its core, the proposed code reflects a planning philosophy that has become increasingly common across the country.
The philosophy is straightforward:
If a project meets adopted standards, approval should be predictable and efficient. Under this approach, zoning regulations are intended to provide clear rules in advance.
Applicants know the requirements. Neighbors know the requirements. Staff apply the requirements. Projects that comply move forward.
The current ordinance often operates differently.
Historically, many land-use decisions involved greater discretion, more public hearings, and more opportunities for elected officials or appointed commissions to weigh competing interests.
The draft shifts some of that authority toward administrative review.
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What Does “Administrative Review” Mean?
Administrative review simply means decisions made by professional staff rather than elected officials or public boards.
That may sound technical, but the practical implications can be significant.
Under the proposed code, more decisions appear likely to be overseen through:
- staff review,
- administrative adjustments,
- site plan approvals,
- use interpretations,
- similar-use determinations.
Many of these actions may not require public hearings. They may not require Plan Commission action. They may not require City Council approval.
For applicants, this often means faster decisions and lower costs.
For neighbors, it may mean fewer opportunities to influence outcomes.
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The Three Levels of Public Participation
One way to understand the draft is to think of development decisions in three categories.
Category One: Legislative Decisions
These remain highly public.
Examples include:
- Rezoning requests
- Zoning map changes
- Ordinance amendments
These actions still generally involve:
- Public notice,
- Public hearings,
- Plan Commission review,
- City Council action.
Residents retain significant opportunities to participate.
Category Two: Quasi-Judicial Decisions
These include:
- Conditional Use Permits
- Variances
- Certain appeals
Public hearings remain part of the process. However, the draft attempts to provide clearer standards for decision-making. That may reduce subjectivity and increase predictability.
Category Three: Administrative Decisions
This is where the largest shift appears to occur. Many routine development decisions may become primarily administrative.
The result is greater efficiency. The trade-off is reduced public involvement.
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REALITY CHECK:
“Efficiency and public participation are not always opposites, but they are often in tension.”
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Why Supporters Like This Approach
Those who favor the proposed system often point to several benefits.
Faster Reviews
Projects move through the system more quickly.
Lower Costs
Applicants spend less money navigating hearings and multiple approvals.
Greater Predictability
Property owners know what to expect.
Better Housing Production
Supporters argue that reducing procedural barriers can help address housing shortages.
In short, advocates believe the public interest is served when clear rules replace uncertainty.
Why Critics Raise Questions
Others view the changes differently. Their concerns focus on process rather than development itself.
Questions they may ask include:
- Will neighbors have fewer opportunities to be heard?
- Will staff have too much discretion?
- Will elected officials have less oversight?
- Will controversial projects receive sufficient public review?
These concerns are not unique to Janesville.
Communities across the country continue to debate where the balance should be struck.
Is Public Participation Actually Reduced?
The answer depends on how one defines participation. In some ways, the draft may improve public accessibility.
The document is generally:
- easier to navigate,
- easier to understand,
- more transparent,
- more predictable.
Residents can more easily determine:
- what is allowed,
- where it is allowed,
- what standards apply,
- what approvals are required.
That is a form of public access. Yet it is different from public influence. The distinction matters.
Knowing what can happen and having the ability to influence what happens are not necessarily the same thing.
The Central Question
As residents review the proposed ordinance, many discussions will focus on housing density, ADUs, redevelopment, or data centers. Those topics matter.
But the most important question may be broader. What should zoning be designed to do? Should zoning primarily regulate growth through public oversight and discretionary review? Or should zoning facilitate growth through clear standards and predictable approvals?
The proposed code leans toward the second approach.
The current ordinance leans more toward the first.
Neither philosophy is inherently right or wrong. Both involve trade-offs. The challenge for Janesville is deciding where the balance should be.
Because long after the public meetings end and the headlines fade, that balance will shape not only what gets built—but how decisions about growth are made for years to come.
Community Spotlight: Havana Coffee
If you are looking for a place to reflect on your civic journey—or just fuel up before a council meeting—stop by Havana Coffee at 1250 Milton Avenue. It is a true Janesville gem, where espresso meets engagement.
Nowlan Law Firm and Attorney Tim Lindau
We also extend our thanks to Attorney Tim Lindau and the Nowlan Law Firm for their support of civic education and democratic renewal. We value Tim’s encouragement—and his belief in the power of our mission.
We extend special thanks to the John and Lynn Westphal Family and the Mark and Lori Warren family. Along with John and Lynn, Mark and Lori are deeply committed to this community and its future. Their support for the Rock County Civics Academy and our programs strengthens the outlook for a better Rock County community.
Together, with partners like Havana, Nowlan Law, the John and Lynn Westphal family, and the Mark and Lori Warren family, we are building a culture of engagement that honors both tradition and transformation.
HYPOTHETICALLY SPEAKING: Where ideas meet action—and citizens shape the future.
What if transparency was the norm, not the exception?
What if civic engagement became Rock County’s defining strength?
Every movement begins when someone decides “now is the time.” That someone could be you.
A CALL TO LEADERSHIP
Leadership isn’t about ego—it’s about service.
It’s showing up, listening deeply, and acting with purpose.
Three ways to begin:
• Volunteer with a civic group
• Serve on a local board or commission
• Run for public office and lead the change.
“If not you, who? If not now, when?” — Hillel the Elder
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FINAL THOUGHT: Democracy is a skill—one that strengthens with practice.
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Stay curious. Stay engaged. Stay connected.
Because the next chapter of Rock County’s story is being written—right now.
©2026 Rock County Civics Academy Produced in partnership with the Rock County Civics Academy to promote open dialogue, ethical leadership, and civic participation across Wisconsin’s heartland. Publisher/Editor: RH Gruber, Correspondents: Paul Murphy, DuWayne Severson, All Illustrations by B. S. MacInkwell, unless otherwise noted. Published by CSI of Wisconsin, Inc. P. O. Box 8082, Janesville WI 53547-8082
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