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Full Agenda Packet CITY OF JANESVILLE CITY COUNCIL MEETING AGENDA MONDAY, March 23, 2009 7:00 P.M. 1. Call to Order and Pledge of Allegiance. 2. Roll Call. 3. Minutes of City Council meetings: “C” A.Regular meeting of March 9, 2009. B.Closed session of March 9, 2009. C.Special meeting of March 16, 2009. 4. Licenses; and Recommendations of the Alcohol License Advisory Committee. (Refer to separate agenda.) “C” No license agenda. 5. Waiver of special assessment procedures for sanitary sewer, water main, curb and gutter, and paving charges for 0133300008 – Robert Martin. “C” 6. Financial statements for the months of January & February, 2009. “C” 7. Authorize submission of WDNR Municipal Separate Storm Sewer System permit – annual report to the Wisconsin Department of Natural Resources. “C” 8. Presentation of Certificates of Participation to Graduates of the Landlord Training Course Sponsored by the Janesville Area Rental Properties Association and the City of Janesville. OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. 2. Requests and comments from the public on matters which can be affected by Council action. ----------------------- “C” – This designation indicates an item that the City Council will take up under a Consent Agenda. City Council Agenda – March 23, 2009 Page 2 3. Continued public hearing and action on a proposed ordinance rezoning property within the 4700 block of Milton Avenue from Agriculture to B2, Community Shopping District and Conservancy. (File Ord. No. 2009-429) 4. Award of Contracts C2009-4 (Storm Sewer System Improvements), C2009-5 (Bike Trail Bridge and Embankment Repairs), and C2009-6 (East River Walkway Repairs). 5. Action on a proposed resolution authorizing the City Manager to execute a use agreement with the Wisconsin Hockey Partners, LLC and provide funding for Ice Center modifications up to $200,000. (File Res. No. 2009-569) NEW BUSINESS 1. Action on a request to waive the special event fees for the 2009 Farmers Market. 2. Action on a proposed resolution directing Kennedy Homes to install sidewalks at the Ridges of Rock County. (File Res. No. 2009-587) 3. Action on a proposed resolution authorizing the expenditure of funds for the operation and maintenance of Oak Hill Cemetery for the remainder of fiscal year 2009. (File Res. No. 2009-589) 4. Action on a proposed resolution authorizing City participation in the WisWARN Mutual Aid and Assistance Program. (File Res. No. 2009-582) 5. Introduce, refer to the Alcohol License Advisory Committee, and schedule a public hearing for a proposed ordinance permitting the lessee of the Janesville Ice Arena to apply for and hold a Class B Combined Fermented Malt Beverage and Intoxicating Liquor Alcohol Beverage License, with penalties and injunctive relief of violations thereof as set forth in JGO 5.046.470. (File Ord. No. 2009-432) 6. Matters not on the Agenda. 7. Motion to adjourn. PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING MARCH 9, 2009 VOL. 59 NO. 46 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on March 9, 2009. The meeting was called to order by Council President Loasching at 7:00 PM. Council President Loasching led the Council in the Pledge of Allegiance. Present: Council President Loasching, Councilmembers Brunner, McDonald, Rashkin, Steeber, Truman, and Voskuil. CONSENT AGENDA Minutes of the regular meeting of February 23, 2009. Licenses and Recommendations of the Alcohol License Advisory Committee. Council President Loasching stated that all items on the consent agenda would be approved if there were no objections. There were none. Special recognition: Action on a proposed resolution in commendation of Daniel W. Wakefield’s 34 years of service to the City of Janesville. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Truman and passed unanimously. (File Res. No. 2009- 584) OLD BUSINESS 1. Requests and comments from the public regarding items on the agenda not requiring a public hearing. Rich Gruber, representing Mercy Health System, presented Deputy Fire Chief Gerry Luiting with a symbolic check in the amount of $88,500 representing their donation of five new ZOLL E-Series monitor/defibrillators. Paul Amendt and Michael Kellum explained the advantages of the defibrillators. 2. Requests and comments from the public on matters which can be affected by Council action. Andreah Briarmoon, 339 S. Locust St., requested the Safe Neighborhood Grant in the amount of $20,000 be reallocated from the Police Department to the Neighborhood Action Team. Tonya Partee, 2748 Mineral Point Ave., stated she was arrested for being a drug lord in 2003. She stated that the charges were dropped this year and she now requests a public apology and the reallocation of Safe Neighborhood Grant to fund a Community Center. Nathaniel Partee, 1716 Dewey Ave.; Deonna Green 2010 Kellogg Ave., Tonyiel Partee, 2748 Mineral Point Ave., supported Tonya Partee’s requests. Bill McCoy, 1326 Putnam Ave., warned that tent cities may come to Janesville due to the hard economic times. Kelly Kaiser, 2307 Plymouth Ave., stated that the February 23, 2009 minutes do not accurately reflect the comments made. Kelly Kaiser, stated support for the Wisconsin Hockey Partners, LLC lease of the Ice Arena but is in opposition to certain aspects of the lease. 3. The proposed City of Janesville Comprehensive Plan ordinance received its continued public hearing. Julie Backenkeller, 719 N. Grant Ave.; Marion Barlass, 6145 East County Road A; Margaret Puleva, Darien; Larry Wiedenfeld, 2025 W. Wall St.; Danny White, Beloit; Kristen and Brian Paul, Milton; Allan Sweeney, Edgerton; Sharon Hargarten, Clinton; Andreah Briarmoon, 339 S. Locust, St.; Ron Noe, 1304 King St.; spoke for the preservation of farm land and against the proposed ordinance. Hanna and Matt Hollingsworth, 315 Fremont St.; spoke in favor of developing within existing limits before expanding into the farmland. Doug Marklien, representing Marklien Builders; Tom Wellnitz, 4560 Ruger Ave.; Bill Bohn, representing Preferred Homes; Tim Weber, representing SCWBA; Frank Perrotto, 2665 Cross Prairie Dr.; Attorney Fred Wesner, representing multiple clients, Scott Beaver, 921 Thornecrest Dr.; Joe Panico, 2200 N. Sumac Dr.; Steve Werner, 1106 Columbus Cr.; spoke in favor of the proposed ordinance. Spencer Potter, 736 Somerset Dr.; Daniel Straasburg, 3407 LaMancha Dr.; Bill McCoy, 1326 Putnam Ave.; requested Council postpone action on said ordinance. Shenna Castro, Janesville, read a letter addressed to City Manager Levitt from the Rod Nilsestuen, Secretary of the Department of Agriculture, Trade and Consumer Protection which addressed his concerns about the proposed plan. The public hearing was closed. Councilmember Steeber moved to adopt said ordinance, seconded by Councilmember Truman. Councilmember Steeber moved to amend the motion by making changes to Volume 2 as listed in Exhibit A as recommended by the Plan Commission, seconded by Councilmember Truman and passed unanimously. Councilmember Steeber moved to amend the motion by incorporating the guiding principles of the Eco-municipality in the plan, seconded by Councilmember Truman and passed unanimously. Councilmember Steeber moved to amend the motion by changing policy on page 73 to read, “Work with neighboring towns and Rock County to consider implementing a Purchase or Transfer of Development Rights program in areas appropriate and designed for long term agricultural uses,” seconded by Councilmember Truman. Councilmember McDonald offered a friendly amendment to remove the word “consider” from the amendment. The friendly amendment was declined. Councilmember McDonald moved to amend the amendment by removing the word “consider”, seconded by Council President Loasching and failed by the following vote: Aye: Council President Loasching and Councilmember McDonald. Nay: Councilmembers Brunner, Rashkin, Steeber, Truman, and Voskuil. The Council voted on the prior amendment and it passed by the following vote: Aye: Council President Loasching, Councilmembers Brunner, Rashkin, Steeber, Truman, and Voskuil. Nay: Councilmember McDonald. Councilmember Steeber moved to amend the motion by making text changes to Volume 1 and 2, as listed in Exhibit B, seconded by Councilmember Rashkin and passed unanimously. Councilmember McDonald moved to amend the motion by removing the urban reserve designation from the Future Land Use Map, seconded by Council President Loasching and failed by the following vote: Aye: Council President Loasching and Councilmember McDonald. Nay: Councilmembers Brunner, Rashkin, Steeber, Truman, and Voskuil. Councilmember McDonald moved to amend the motion by including the draft chapter submitted by the Sustainability Committee, seconded by Council President Loasching and failed by the following vote: Aye: Councilmember McDonald. Nay: Council President Loasching, Councilmembers Brunner, Rashkin, Steeber, Truman, and Voskuil. Councilmember McDonald moved to amend the motion by moving the east boundary line to the projected sewer line capability, seconded by Council President Loasching and failed by the following vote: Aye: Councilmember McDonald. Nay: Council President Loasching, Councilmembers Brunner, Rashkin, Steeber, Truman, and Voskuil. The Council voted on the main motion and it passed by the following vote: Aye: Council President Loasching, Councilmembers Brunner, Rashkin, Steeber, Truman, and Voskuil. Nay: Councilmember McDonald. (File Ord. No. 2009-431) 4. A proposed ordinance rezoning property within the 4700 block of Milton Avenue from Agriculture to B2, Community Shopping District and Conservancy, received its second reading and public hearing. Council President Loasching continued the public hearing and action until March 23, 2009. (File Ord. No. 2009-429) 5. Action on a proposed resolution approving the project plan for and establishing the boundaries for Tax Increment Finance District No. 34 at the Southern Wisconsin Regional Airport. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Voskuil and passed unanimously. (File Res. No. 2009-577) NEW BUSINESS 1. Council direction on transit bus fares. Councilmember Brunner moved to delay the implementation of transit fare increases and to review transit fares in October 2009, seconded by Councilmember Steeber and passed unanimously. Councilmember Voskuil moved to implement a pilot program whereby 5,000 tokens would be available to non-profit organizations at a reduced rate. The motion was seconded by Councilmember Rashkin and passed unanimously. 2. Action on a proposed resolution authorizing the filing of an application with the Wisconsin Department of Commerce for Community Development Block Grant-Emergency Assistance Program. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Voskuil and passed unanimously. (File Res. No. 2009-585) 3. Introduction and scheduling of a public hearing for a proposed charter ordinance amending the appointment provisions of the Plan Commission, Board of Review, Library Board, and Zoning Board of Appeals and creating a charter ordinance for the Community Development Authority to require appointments to be made by the Common Council following consultation with the Citizens Advisory Committee on Appointments in amended Sections 2.20.010, 2.24.010, 2.28.010, 2.58.020, and newly created Chapter 2.26. Councilmember Steeber moved to postpone said introduction and scheduling of a public hearing until May 11, 2009, seconded by Councilmember Truman and passed by the following vote: Aye: Council President Loasching, Councilmembers Brunner, Rashkin, Steeber, Truman, and Voskuil. Nay: Councilmember McDonald (File Charter Ord. 2009-007) 4. Matters not on the agenda. Councilmember Rashkin requested an update on the feasibility study for a downtown training facility, businesses to replace burned out lights on their signs, and clocks be reset in the Council Chambers. Councilmember Truman stated his appreciation for the progress updates on fixing the code violations at the Case Feed building. Council President Loasching scheduled a special meeting on Monday, March 16, 2009 at 5:00 PM to review the stimulus package. The Council waived notice. 5. Councilmember Steeber 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 specific 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 redevelopment and/or public purposes. The motion was seconded by Councilmember Voskuil and passed unanimously. There being no further business, Council convened into closed session at 10:20 PM. These minutes are not official until approved by the City Council. Jean Ann Wulf Clerk-Treasurer PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN SPECIAL MEETING March 16, 2009 VOL. 59 NO. 47 Special meeting of the City Council of the City of Janesville held in the Municipal Building on March 16, 2009. The meeting was called to order by Council Vice President Truman at 5:00 PM. Council Vice President Truman led the Council in the Pledge of Allegiance. Present: Council Vice President Truman, Councilmembers McDonald, Rashkin, Steeber, and Voskuil (arrived at 5:03 PM). Absent: Council President Loasching, and Councilmember Brunner. Stimulus Package Update City Manager reviewed with Council the projects that have been applied for and future projects considered for submittal. The projects submitted are the Milwaukee Street bike tunnel and tree trimming and tree replacement in the old Fourth Ward and Look West Neighborhoods. In addition, street resurfacing projects were submitted for May and December projects. The stimulus package provided additional funding for Janesville Police Department and Community Development Block Grant programs. Funding Priorities, when Applicable. The Council reviewed the $55 million identified projects and the priority assigned to each project. By the majority consensus, the following changes were made to priority levels: rd renovate the 3 floor of the Senior Center was changed from low to medium priority; upgrade pumps at pumping station from medium to high priority; and replace leaking water mains from low to medium priority. By consensus, the Council identified the following projects for the 2010 appropriations budget: Energy Efficiency projects; Neighborhood Stabilization; and Wastewater Treatment Plant. Councilmember Steeber left the meeting at 6:05 PM. Matters Not on the Agenda . Vice President Truman, Councilmember Rashkin, and City Manager Levitt expressed their appreciation to staff for preparing for this televised meeting. Council Vice President Truman moved to adjourn, seconded by Councilmember Rashkin and passed by the following: Aye: Council Vice President Truman, Councilmembers Rashkin and Voskuil. Nay: Councilmember McDonald. There being no further business, Council adjourned at 6:07 PM. These minutes are not official until approved by the City Council. Jean Ann Wulf Clerk-Treasurer DEPARTMENT OF PUBLIC WORKS MEMORANDUM ENGINEERING DIVISION March 16, 2009 TO: City Council FROM: Margaret Duerr, Engineering Division SUBJECT: For Council Consent Agenda on March 23, 2009, Waiver of Procedure for Special Assessments for Sanitary Sewer, Water Main, Curb & Gutter and Paving Charges for 0133300008 – Robert Martin . Staff Recommendation The Engineering Division recommends approving this item along with other consent agenda items. City Manager recommendation I concur with Engineering’s recommendation Request Robert Martin requests to waive the special assessment procedure and allow these assessments the use of the 5-year payment plan. Background In 2008 15.61 acres of land located at the northeast corner of STH 11 bypass and Rockport Road was annexed to the City. This annexation triggers assessments for a small segment of improved land that was previously outside the city limits. Thirty five feet of unplatted land at the west end of Redstone Drive (north side) has full street improvements totaling $4270. Robert Martin, the developer, has signed the necessary waiver document which allows the charges to be spread over five years with interest at 7.00% on the unpaid balance. The following chart shows land division assessment charges: Owner/Developer Total Assessments: Robert Martin $4,270.00 Sanitary Sewer Water Main Curb & Gutter Paving $1,323.00 $1,281.00 $514.50 $1,151.50 Robert Martin’s current outstanding assessment balance is $75,931.80 for lots in Rockport Ridge Estates Sixth and Seventh Additions. The cumulative total is $80,201.80. CC: Eric Levitt Jacob J. Winzenz Mike Payne \\petey\COJHome\Agenda Review\Approved Agenda Items\2009\3-23-2009\032309 Consent Agenda Martin - 0133300008.doc DEPARTMENT OF PUBLIC WORKS MEMORANDUM ENGINEERING DIVISION March 11, 2009 TO: City Council FROM: Tim Whittaker, Engineering Division SUBJECT: For Council Consent Agenda on March 23, 2009, WDNR Municipal Separate Storm Sewer System Permit – Annual Report to the Wisconsin Department of Natural Resources Staff Recommendation The Engineering Division recommends approving this item along with other consent agenda items. Background Under Wisconsin Pollutant Discharge Elimination System (WPDES) regulations the WDNR began regulating the City’s storm sewer discharge under a Municipal Separate Storm Sewer System (MS4) Permit beginning in November of 2006. One of the requirements of the City’s MS4 Permit is that the City prepares and submits an annual report to the WDNR. This report provides a summary of the City’s activities associated with all permit elements which include public education and outreach; public involvement and participation; an illicit discharge and detection program; a construction site pollution control program; a post construction stormwater management program; a pollution prevention program; and a stormwater quality management program. Attached for your review is the completed WDNR annual report along with required attachments. CC: Eric Levitt Jacob J. Winzenz Mike Payne \\petey\COJHome\Agenda Review\Approved Agenda Items\2009\3-23-2009\032309 Consent Agenda DNR Report Memo.doc NEIGHBORHOOD SERVICES MEMORANDUM March 13, 2009 TO: City Council FROM: Kelly Lee, Neighborhood Development Specialist SUBJECT: Presentation of Certificates of Participation to Graduates of the Landlord Training Course Sponsored by the Janesville Area Rental Properties Association and the City of Janesville Neighborhood Services and the Janesville Area Rental Property Association participated in a joint-effort landlord training program during the fall of 2008 and early 2009. The program consisted of 10 four-hour-sessions conducted on Saturday mornings. Fifty-two landlords attended training with eleven individuals attending all ten sessions. Sessions included topics such as fair housing, credit reports, tenant screening, lead paint and evictions. The program was funded through the Neighborhood Action Team using Community Development Block Grant Funds. The program was a great success and both parties hope to repeat a program in the spring of 2010. cc: Jay Winzenz, Director of Administrative Services Eric Levitt, City Manager 1 Community Development Department Memorandum March 17, 2009 TO: Janesville City Council FROM: Bradley Cantrell, Community Development Director SUBJECT: Public Hearing, Rezoning of property within the 4700 block of Milton Avenue from Agriculture to B2, Community Shopping District and Conservancy (File Ordinance No. 2009-429). Summary At the last City Council meeting on March 9, review and action on this item was postponed until the March 23, 2009 meeting. That delay was requested to provide City staff and the developer with additional time to complete various components of the Jack Willow development proposal, located near the intersection of STH 26 and McCormick Drive. The project involves the installation of a number of public improvements that include utility service extensions, storm water management facilities and construction of street and intersection improvements required to provide a connection to Highway 26. Rezoning of property in this location is one of several actions to be brought forward for Council review at this time related to the project. However, the developer recently informed staff that they are unable to secure the level of funding necessary to finance the proposed development at this time. As a result, staff believes it is appropriate to table the proposed rezoning of property until the developer is in a position to proceed with the project. Recommendation Because a public hearing has been scheduled for March 23, it would be appropriate for the Council President to open the public hearing, allow anyone wishing to speak to do so, and then close the public hearing. The Community Development Department requests that the City Council table action on a proposed ordinance rezoning property within the 4700 block of Milton Avenue from Agriculture to Conservancy and B2, General Commercial District (File Ordinance No. 2009-429). Suggested Motion Move to table File Ordinance 2009-429 rezoning property within the 4700 block of Milton Avenue from Agriculture to Conservancy and B2, General Commercial District cc: Eric Levitt Jacob Winzenz REZONE TO CONSERVANCY REZONE TO B2 Area to rezone to B2 Area to rezone to Conservancy Ô»¹»²¼ Æ±²» Ü·¬®·½¬ Þ±«²¼¿®·» Îï Í·²¹´»óÚ¿³·´§ ú Ì©± Ú¿³·´§ Î»·¼»²½» Ü·¬®·½¬ Ñí Ò»·¹¸¾±®¸±±¼ Ñºº·½» Ü·¬®·½¬ Óï Ô·¹¸¬ ×²¼«¬®·¿´ Ü·¬®·½¬ ÎïÜ Ì©± Ú¿³·´§ Î»·¼»²½» Ü·¬®·½¬ Þï Ò»·¹¸¾±®¸±±¼ Ý±²ª»²·»²½» Ü·¬®·½¬Óî Ù»²»®¿´ ×²¼«¬®·¿´ Ü·¬®·½¬ Îî Ô·³·¬»¼ Ù»²»®¿´ Î»·¼»²½» Ü·¬®·½¬ Þî Ý±³³«²·¬§ Í¸±°°·²¹ Ü·¬®·½¬Óí Ý»²¬®¿´ Ô·¹¸¬ ×²¼«¬®·¿´ Ü·¬®·½¬ Îí Ù»²»®¿´ Î»·¼»²½» Ü·¬®·½¬ Þí Ù»²»®¿´ Ý±³³»®½·¿´ Ü·¬®·½¬Óì Ý»²¬®¿´ Ù»²»®¿´ ×²¼«¬®·¿´ Ü·¬®·½¬ Ü¿¬»æ ïñïìñðç ÎíÓ Ó»¼·«³ Ü»²·¬§ Î»·¼»²½» Ü·¬®·½¬ Þì Þ«·²» Ø·¹¸©¿§ Ü·¬®·½¬ß ß¹®·½«´³¬«®¿´ Ü·¬®·½¬ Îì Ý»²¬®¿´ Î»·¼»²½» Ü·¬®·½¬ Í½¿´»æ ïþã ìððù Þë Ý»²¬®¿´ Þ««·²» Ü·¬®·½¬ Ó Ó·²·²¹ Ü·¬®·½¬ Ñï Ñºº·½» ñ Î»·¼»²½» Ü·¬®·½¬ Þê Ý»²¬®¿´ Í»®ª·½» Ü·¬®·½¬ Ý Ý±²»®ª¿²½§ Ü·¬®·½¬ Ó¿° Ý±±®¼·²¿¬»æ Ïóîí Ñî Ý»²¬®¿´ Ñºº·½» ñ Î»·¼»½» Ü·¬®·½¬ ÞÌ Þ«·²» Ì»½¸²±´±¹§ Ü·¬®·½¬ ÔÑÝßÌ×ÑÒ ñ ÆÑÒ×ÒÙ ÓßÐ Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ ÎÛÆÑÒ×ÒÙ ÑÚ ÐÎÑÐÛÎÌÇ É×ÌØ×Ò ÓßÐ ï ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ ÌØÛ ìéðð ÞÔÑÝÕ ÑÚ Ó×ÔÌÑÒ ßÊÛÒËÛ ÍæÐ®±¶»½¬ÄÐ´¿²²·²¹ÄÝ¿»ÄÏóîíÁÎ»¦±²»É·´´±©ò³¨¼ DEPARTMENT OF PUBLIC WORKS MEMORANDUM March 16, 2009 TO: City Council FROM: Mike Payne, Engineering Manager SUBJECT: Award of Bid Schedule “B” – 2009 Contract 2009-4, Storm Sewer System Improvements Contract 2009-5, Bike Trail Bridge and Embankment Repairs Contract 2009-6, East River Walkway Repairs Summary Bids for Public Works Bid Schedule “B” – 2009, Contracts 2009-4, -5, -6 were opened on Wednesday, March 11, 2009. The Engineering Division is recommending award of these contracts to the low bidders, as shown on the attached tabulation of bids, and that the City Council express their intent to include in the 2009 Note Issue $15,414.94 for storm sewer repairs, $12,775.17 for bike trail repairs, and $64,881.50 for river walkway repairs. Recommendation Following Review by the Council, the Engineering Division recommends award of contracts 2009-4, -5, -6 to the low bidders and that the City Council express their intent to include in the 2009 Note Issue $15,414.94 for storm sewer repairs, $12,775.17 for bike trail repairs, and $64,881.50 for river walkway repairs. Suggested Motion Award contracts 2009-4, 2009-5, and 2009-6 to the low bidders and express our intent to include in the 2009 Note Issue $15,414.94 for flood related storm sewer repairs, $12,775.17 for flood related bike trail repairs, and $64,881.50 for flood related river walkway repairs. City Manager recommendation The City Manager concurs with Engineering’s recommendation. Background Contract 2009-4, Storm Sewer System Improvements This project is for repairing storm sewers located at four different locations that were damaged by the June 2008 flood. Funding for this contract is two sources: FEMA funding ($15,016.31) and 2009 Note Issue borrowing ($15,414.94). We received 10 bids for this project with R&K Sons Construction, LLC providing the low bid. The Engineering Division is recommending award of this contract to R&K Sons Construction, LLC of Evansville, Wisconsin, in the amount of $30,431.25. \\Petey\COJHome\Agenda Review\Approved Agenda Items\2009\3-23-2009\ContractAwardBidScheduleBMemo2009.doc Contract 2009-5, Bike Trail Bridge and Embankment Repairs This project is for repairing two segments of bike trail damaged by the June 2008 flood. Work for this project includes both approaches to the Jackson Street bike trail bridge and repairs on the west river bank, south of the centerway dam. Funding for this contract is two sources: FEMA funding ($22,479.58) and 2009 Note Issue borrowing ($12,775.17). We opened six (6) bids for this project with Bjoin Limestone, Inc. providing the low bid. The Engineering Division is recommending award of this contract to Bjoin Limestone Inc., of Janesville, Wisconsin, in the amount of $35,254.75. Contract 2009-6, East River Walkway Repairs This project is for repairing the concrete walkway and associated railing along the east side of the river from Centerway to E. Milwaukee Street. The damage occurred as a result of the June 2008 flood. Funding for this contract is two sources: FEMA funding ($32,809.61) and 2009 Note Issue borrowing ($64,881.50). We opened seven (7) bids for this project with J.W. Schultz Construction Co., Inc. providing the low bid. The Engineering Division is recommending award of this contract to J.W. Schultz Construction Co., Inc. of Edgerton, Wisconsin, in the amount of $97,691.11. Attachment cc: Eric Levitt Jacob J. Winzenz \\Petey\COJHome\Agenda Review\Approved Agenda Items\2009\3-23-2009\ContractAwardBidScheduleBMemo2009.doc Bid Opening: 11 March 2009 Page 1 of 3 CITY OF JANESVILLE TABULATION OF BIDS PUBLIC WORKS BID SCHEDULE “B” – 2009 2009-4 STORM SEWER SYSTEM IMPROVEMENTS R & K Sons Construction, LLC Total Bid: $30,431.25 Evansville, WI Maddrell Excavating, LLC Total Bid: $39,707.50 Monroe, WI Iverson Construction, LLC Total Bid: $47,134.00 Cottage Grove, WI E & N Hughes Co., Inc. Total Bid: $49,070.50 Monroe, WI Custom Ditching, Inc. Total Bid: $50,522.50 Beloit, WI K & L Construction, Inc. Total Bid: $57,247.00 Whitelaw, WI R. T. Fox Contractors, Inc. Total Bid: $59,565.00 Edgerton, WI Outside Plumbing, LLP Total Bid: $77,675.00 Janesville, WI Odling Construction, Inc. Total Bid: $80,700.00 Delavan, WI Globe Contractors, Inc. Total Bid: $83,015.00 Pewaukee, WI \\Petey\COJHome\Agenda Review\Approved Agenda Items\2009\3-23-2009\ContractAwardBidScheduleBMemo2009.doc Bid Opening: 11 March 2009 Page 2 of 3 CITY OF JANESVILLE TABULATION OF BIDS PUBLIC WORKS BID SCHEDULE “B” – 2009 2009-5 BIKE TRAIL BRIDGE AND EMBANKMENT REPAIRS Bjoin Limestone, Inc. Total Bid: $35,254.75 Janesville, WI Greener Valley Landscaping, Inc. Total Bid: $46,090.95 Janesville, WI Gilbank Construction, Inc. Total Bid: $64,310.00 Clinton, WI K & L Construction, Inc. Total Bid: $70,155.00 Whitelaw, WI Custom Ditching, Inc. Total Bid: $75,315.00 Beloit, WI Concrete Structures, Inc. Total Bid: $76,360.00 Janesville, WI 2009-6 EAST RIVER WALKWAY REPAIRS J. W. Schultz Construction Co., Inc. Total Bid: $97,691.11 Edgerton, WI Gilbank Construction, Inc. Total Bid: $112,739.38 Clinton, WI J. B. Johnson Bros., LLC Total Bid: $133,585.20 Edgerton, WI \\Petey\COJHome\Agenda Review\Approved Agenda Items\2009\3-23-2009\ContractAwardBidScheduleBMemo2009.doc Bid Opening: 11 March 2009 Page 3 of 3 CITY OF JANESVILLE TABULATION OF BIDS PUBLIC WORKS BID SCHEDULE “B” – 2009 2009-6 EAST RIVER WALKWAY REPAIRS (Continued) Parisi Construction Co., Inc. Total Bid: $153,431.25 Verona, WI Marvin Gleason Contractor, Inc. Total Bid: $162,888.50 Franksville, WI Concrete Structures, Inc. Total Bid: $163,500.25 Janesville, WI Draeving Construction, Inc. Total Bid: $165,158.81 Beloit, WI \\petey\cojhome\agenda review\approved agenda items\2009\3-23-2009\contractawardbidschedulebmemo2009.doc CITY MANAGER DEPARTMENT MEMORANDUM March 16, 2009 MEMO TO: City Council MEMO FROM: Eric Levitt, City Manager SUBJECT: Action on approving design contract for ice rink building modifications. Introduction File Resolution 2009-569 authorizes the City Manager to execute a Use Agreement with the Wisconsin Hockey Partners, LLC (WHP) to utilize the Janesville Ice Center as their team home rink. This agenda item requests City Council action on the City of Janesville making modifications to the Ice Center and to potentially sign an agreement to accommodate a new Junior A Hockey Team. The next section represents an update since the January meeting. rd Update for March 23 City Council meeting The City Council brought forward several areas to be further reviewed. 1. Concerns with involvement from the user groups. ? The City conducted an initial needs analysis meeting with the architect and the user groups. ? Angus Young will be bringing back potential design options based on the need analysis at a user group meeting at the end of March. ? City Council can adopt a motion to approve the contract with a capital cost limitation. 2. Financial component ? The City anticipates making approximately $15,000 + per year in increased net income. ? Areas that were looked for additional income included having ticket add-on fee or collecting a percentage of beer sales revenues. However, neither of those options were added to the contract. ? Security costs remain shifted to the WHP. This is a cost the City initially shared in. ? The needs analysis has brought forward some necessary capital items (i.e. restroom improvements and heating elements) that were not included in the initial estimates. This may increase construction costs and total project. We do not have an updated cost as of this date. ? Future Capital cost sheet is attached. ? The Youth Hockey Advertising and Concessions contract has ended and the City is in the process of renegotiating the contract. 3. Concerns with alcohol sales at the ice rink. ? The Contract now states that alcohol will be sold in separate area. ? Having designated sections will be further investigated as the design moves forward but can’t be committed to at this time Background Information The City Administration was contacted in the late Spring of 2008 by a group of local investors interested in bringing a North American Hockey League (NAHL) franchise team to Janesville. After fiscal analysis and discussions with the City Administration, the investors decided to review use of the existing ice facility. July 18, The City Administration met with the City Council in closed session on 2008 and again on October 13, 2008 in closed session. The City Council directed the City Administration to proceed with negotiations and identify cost estimates for building modifications. The City Administration has negotiated a Use Agreement with the WHP (copy attached). The Engineering Division has identified a cost estimate of approximately $200,000 for necessary building modifications and architectural fees. This cost estimate could change after an architect prepares plans and specifications and the City goes through the public bidding process. City staff met with many of the current user groups at the Ice Center on September 2, 2008. There could be impacts with schedule changes if this new Junior A Hockey Team comes to Janesville. The team anticipates practicing during weekday afternoons and have games on Friday and Saturday nights. All of the user groups were receptive to any schedule changes. They felt the advantages of having a Junior A Hockey Team in Janesville outweighed some slight inconveniences of schedule changes. Further Analysis provided at the February 23rd Council meeting The City Manager reviewed several aspects of this proposed project since the last meeting based on comments and concerns raised. The areas reviewed are the financing of the construction, the operational costs, impacts to programming, potential for the team to end the lease, and user input. Capital Financing 1. ? The estimated cost is a total estimated cost of not to exceed $229,000. ? The City Manager has communicated his intent to try to maintain the total cost at approximately $200,000 if possible. ? The construction can be financed via borrowing new funds or reallocating in May from existing borrowed funds. ? The financing would equal approximately $1 per year for an assessed house of $113,000. 2 Annual Operations 2. ? 2008 The year resulted in a subsidy of approximately $85,000. ? reduce the property If the Junior team came to the City it would tax subsidy by approximately $15,000 to $20,000 (all other factors remaining stable.) ? The ice rink currently subsidizes other recreation programming such recreation night and camps by approximately $20,000. This is due to a contract with the school using the rink for free and then allowing use of their facilities for free. ? Other recreation programs operated by the City range in subsidy from $109,000 to $228,000 (The number does not include the 100% subsidy of parks capital program and parks programming) This shows that the rink is the lowest subsidized recreation program and that an element of all recreation programs is that they are subsidized by property taxes. Impacts to programming 3. ? The major programming that will be impacted is Friday night skates on game nights. There may also be some programming that has to be moved around due to the camps and practice schedule, but should have more minimal impact. Wisconsin Hockey Partners, LLC The WHP is a Limited Liability Company that is licensed to operate in the State of Wisconsin. NAHL League Information oldest Junior A Hockey The NAHL was founded in 1975 which makes it the League in the U.S. The NAHL consists of 17 teams in three divisions (West, Central and East). The Janesville team would be part of the Central Division with six other teams from Minnesota, Iowa, South Dakota and Illinois. Janesville would be the site of the first Wisconsin team. The league prepares 16-20 year old hockey players who wish to play collegiate hockey. The team consists of 23 players plus support staff, of a head coach, two assistant team managers and an equipment manager. The staff is paid a salary. The hockey players are not paid because of their amateur status, but receive a stipend for living expenses. The hockey players would room and board with local families and receive monthly compensation for expenses. The team would use practice ice on Monday-Thursday afternoons and play games on Friday and Saturday nights. The team would play 30 home games and have a similar number of away games. Their hockey season is September to April. They would also rent summer ice for camps and team try-outs. 3 The NAHL has a minimum seating capacity limitation of 1,500 spectators. The Janesville Ice Center has bleacher seating for 1,000 spectators. The NAHL is willing to make an exception for Janesville until they see how the league develops. The NAHL has made this same accommodation for other ice rinks with similar seating limitations. Although the Ice Center only has seating for 1,000 spectators, the building capacity is 2,266 people. Community Survey The WHP conducted a market study in November 2008 by interviewing 358 Janesville residents to identify community reaction to this new Junior A Hockey Team coming to Janesville. The survey results concluded the following: ? 53% somewhat agreed or strongly agreed that the City should promote more sports and recreational activities. ? 48% stated that they or someone from their household had attended at least one sporting event in Janesville during the past year. ? 65% stated that they or someone from their household had attended at least one City sponsored event during the past year. ? 94% stated it was important to have the ability to watch local and Wisconsin athletes play sports. ? 51% stated they consider themselves fans of hockey. ? 49% stated they were interested in seeing an amateur sports franchise in Janesville. ? 54% stated they liked the idea of a NAHL Junior A Hockey Team in Janesville. ? 48% stated they would likely attend a Junior A hockey game in Janesville. ? 21% stated they were more likely and 67% stated they were less likely to attend a Junior A hockey game if beer was served. ? 68% stated a Junior A hockey team would have a positive impact on the community. The community survey added insights to information gathered from other teams for the WHP. Use Agreement Highlights The Use Agreement provides for a five year term which is renewable. The WHP will pay the City for ice rental time and rental fees for dedicated team locker rooms and office space. The Use Agreement allows the WHP to apply for an alcohol license which would be served only during games. They would stop selling alcohol at the end of the second period. The WHP will also sell team merchandise. The WHP will assume the advertising rights inside the Ice Center which are currently allotted to the Janesville Youth Hockey Association (JYHA). The JYHA had a contract that ended prior to 2008 that provided that they pay the City $10,000/year and receive the ability for these advertising rights. JYHA has not renewed the contract due to the net loss of funds to the club. 4 The WHP has agreed to allow JYHA to continue operating the concession stand which provides food and non-alcoholic beverages. The WHP would have the right to sell other food products which are not provided by the JYHA concession stand as long as they are not directly competing with JYHA. Building Modifications Any building modifications to the Ice Center would occur within the limits of the existing building footprint. Current program space would be modified or combined to make the existing space more functional for the NAHL and the City. The Administration is proposing to hire an architect to prepare building plans for future City Council review. The NAHL requires dedicated space for a locker room, showers, office space and equipment storage. Preliminary review of the building would suggest we convert the warming room and concession stand area to locker rooms and office space for the new team. The existing entrance lobby and community room would be converted to the new concession area with public space to serve as a warming room. Beer would be served in this area as well. The main entrance would be shifted to the old entrance on the west side of the building. Some vehicle circulation and parking changes would be needed outside the building. The Engineering Division has estimated a cost of $200,000 for building, parking and architectural services. The cost for these building modifications and site improvements would be funded by the City. Ice Scheduling Impacts The WHP will use the Ice Center approximately 420 hours per year. This usage level will have some impacts on our current master schedule for user groups. City staff has met with all the user groups in the early Fall and they are receptive to any schedule changes. Most of the impact will be with Friday night public skating sessions, Saturday night Youth Hockey games and weekday figure skating practices. There will be no impacts on Friday and Saturday when the team has away games. The new team will begin playing in September 2009 which would be the earliest impact on our master schedule. NAHL Expenses and Revenue WHP plans to sell adult admission tickets at approximately $9 a game. WHP will provide discounted ticket prices of $6 to $7 for youth, seniors and group outings. It has been indicated that an average of 700 spectators at each home game and hopefully more spectators for league playoffs and tournaments is necessary for this to be successful long-term. City Manager Recommendation The City Manager has continued negotiations with WHP representation since the last meeting. The proposed contract attempts to balance the interests of WHP and the City of Janesville. 5 Proposed Motion I move to approve File Resolution 2009- 569 and to move forward with renovations at the rink at a cost not to exceed $______________. 6 Proposed 5 Year Capital Expense Plan Janesville Ice Skating Center FundingLastSource of ItemImportance20092010201120122013Approved ReasonRecommended Action SourceService Estimate or Quote Replace Upper RoofHigh$125,00009' NoteXPast DueFull Replacement with EPDM and 1-1/2" of Insulation1984Christiansen Roofing Replace Fire Exit DoorsHigh$30,00008' NoteXPast DueFull Replacement including Alarmed Panic Hardware and ClosersCongress Glass Repair Water damage to all Cement Block WallsHigh$18,000Past DueRemove moisture after Roof work and repair damaged blockBallou Masonry Ice Making SystemHigh$700,000Past DueTotal Replacement of Compressor & Under floor Piping SystemsEPA & JDM Repair Leaking Cooling TowerHigh$8,000Past DueHave the drain pan lined with a liquid applied rubber productFrom Staff Prevent Ice Damage to NE corner of Bldg.High$5,000Past DueRedirect drainage away from building & install storm drain Replace Heating units for Party Rm. & Admin areaHigh$1,500Past DueInstall (2) "above ceiling" heating units Add pump for Snow Melt PitHigh$2,500Energy SavingsInstall a temperature controlled 5th Circulation PumpConsultant Replace heat in Team Locker RoomsMed$3,500Energy SavingsInstall Hot Water Heating Units in 4 Locker Rooms Repair Cast Iron BoilerMed$10,00008' NoteXPreventativeReplace Cast Iron BoilerConsultant Replace Lower RoofMed$35,00009' NoteXPreventativeFull Replacement with EPDM and 1-1/2" of Insulation1994Christiansen Roofing Repair Sprinkler SystemMed$1,000Maint.Repair deficiencies recommended by service contractor Replace burner in Dehumidifier SystemMed$3,000Energy SavingsReplace Burner Assy.Cullen Slapak & ERA Replace Public Address SystemMed$1,500RevenueStaff recommends replacement Clean exchanger in Hot Water TankMed$3,500Energy SavingsHave heat exchanger portion cleaned or replace if necessary2003 Scrape & Paint Rain GuttersMed$2,000AestheticsRe-Paint all gutters and replace damaged downspouts Paint and Repair BleachersMed$2,000AestheticsStaff recommends painting all bleachers one color Replace Outdoor Temp ControlMed$500Energy SavingsRepair or Replacement of Outdoor Temperature Controller for BoilerConsultant Service Water SoftenerMed$500Maint.Needs Head repair or replacement Caulk and Paint WindowsMed$500Energy SavingsNeed to be caulked and painted Replace Marquee SignMed$2,500RevenueReplace Plexiglas Faces or entire Sign Add Phase Monitors to Pump MotorsMed$1,500Past DueAdd Phase Monitoring to both Pump MotorsConsultant Service Compressor MotorsMed$3,000PreventativeMajor Service on Compressor Motors every 10 yearsConsultant Paint Interior of South WallMed$4,000AestheticsClean, Waterseal and Re-Paint Paint Interior of North WallMed$1,000AestheticsClean, Water seal and Re-Paint Add Sprinkler System over IceMedCode compliance?Find out if required by code over the ice sheet? Upgrade Hi Bay Lights over IceLow$12,000Energy SavingsReplace (40) HID fixtures with T8 Fluorescents Replace Main Entry DoorsLow$5,200AestheticsReplace wooden doors w/ Aluminum Doors in existing metal framesCongress Glass Repaint Main Entry FramesLow$300AestheticsPaint existing frames to match new doors Replace Rubber Floor CoveringLowTypical WearGood Condition now, but may need to be replaced in 4-5 years1994 Replace Galvanized Plumbing SystemLowPreventativeReplace rusted galvanized piping with copper Replace Cast Iron BoilerLow$30,000Energy SavingsReplace with Energy Efficient Unit Install Energy Management SystemLow$12,000Energy SavingsSystem would monitor conditions, trends and serve as an alarm $173,000$733,500$49,000$22,000$47,000 5 Year Total$1,024,500 Average Expense per Year$204,900 Approx. Replacement Value of Property$2,000,000 % Recommended per year of Repl. Value10.25% LIMITED AND NON-EXCLUSIVE LEASE AND USE AGREEMENT BETWEEN THE CITY OF JANESVILLE AND WISCONSIN HOCKEY PARTNERS, LLC 2009 – 2014 1 Table of Contents SUBJECT PAGE PREAMBLE 1 1.DEFINITIONS 1 2. TERM 2 3.USE OF PREMISES 3 4.WHP RIGHTS 3 5.CITY RIGHTS 5 6.RENTAL RATES 6 7.ICE CENTER IMPROVEMENTS 7 8.STAFFING AND SERVICES 7 9.PARKING 7 10.SCHEDULING 7 11.ADVERTISING 8 12.BROADCASTING RIGHTS 8 13.INSURANCE 8 14.INDEMNIFICATION 9 15.CONTINGENCY 9 16.TERMINATION AND DEFAULT 10 17.ASSIGNMENT 10 18.ENTIRE AGREEMENT 10 19.BINDING EFFECT; CHOICE OF LAW 10 20.SEVERABILITY 11 21.AUTHORITY 11 22.NOTICE 11 23.NO THIRD PARTY RIGHT 12 24.ADDITIONAL OBLIGATIONS 12 EXHIBITS 14 A.MAP OF LEASED FACILITIES 15 B.MAP OF NON-LEASED FACILITIES 16 C.MAP OF PREMISES 17 D.ICE CENTER CAPITAL IMPROVEMENTS 2 LIMITED AND NON-EXCLUSIVE LEASE AND USE AGREEMENT BETWEEN THE CITY OF JANESVILLE AND WISCONSIN HOCKEY PARTNERS, LLC This Agreement is made by and between the City of Janesville, a Wisconsin Municipal Corporation, hereinafter referred to as the “City” and Wisconsin Hockey Partners LLC, a Wisconsin Limited Liability Company, hereinafter referred to as the “WHP.” Whereas, the City conducts its principal business at 18 North Jackson Street, City of Janesville, County of Rock, State of Wisconsin; and Whereas, the City is the owner of certain real property and improvements herein known as the Janesville Indoor Ice Center, located at 821 Beloit Avenue, Janesville, Wisconsin (Ice Center); and Whereas, the WHP intends to own and operate a Junior A Hockey Team and desires to use the Janesville Ice Center as the team home rink, and lease and use portions of the Ice Center, from time to time, for exclusive team activities, and Whereas, the City and WHP desire that this Agreement shall set forth their full and complete understanding to the terms and conditions under which WHP uses the Ice Center for the purposes of playing home games, practice ice time, advertising, team operations, and conduct of other related business and ice activities as set forth in this Agreement, and occupy designated areas of the Ice Center for team operations on a year-round basis. Now, Therefore, For And In Consideration of the use of the premises, the payments, the mutual promises, and covenants herein contained, and other good and valuable consideration, the receipt, sufficiency, and adequacy of which are expressly acknowledged, the City and WHP, each intending to be legally bound, do hereby mutually agree and promise to each other as follows: 1. DEFINITIONS A. Ice Center: the term “Ice Center” shall mean the public building commonly referred to as the Janesville Ice Center, located at 821 Beloit Avenue, Janesville, Wisconsin, 53545. B.Hockey Game: the term “Hockey Game” shall mean all pre-season, regular season, and post season games which are scheduled by the League or WHP. C.Hockey Season: the term “Hockey Season” shall mean and include approximately thirty (30) regular season home games as scheduled by the League and any 3 additional all-star, pre-season, play-off, or post season games. The Hockey Season will begin in September of each year and conclude in April of the following year. The exact dates being flexible and dependent upon the League schedule and whether WHP participates in any pre-season, postseason, or play-off games. D.League: the term “League” shall mean and include the North American Hockey League (NAHL), or any successor or substitute organization of hockey teams to which WHP may hereafter belong or become affiliated. E.Leased Facilities: the term “Leased Facilities” shall mean and include the following areas of the Ice Center that are leased and provided to WHP for its exclusive use for the purpose of operating their business and conducting activities related to the operations of their team, as depicted in the attached Exhibit A to this Agreement. 1)WHP offices 2)WHP locker room, showers and restrooms 3)WHP equipment storage area F. Non-Leased Facilities: the term “Non-Leased Facilities” shall mean those areas of the premises which WHP may use and occupy for the conduct of WHP team activities during practices, games, camps, and clinics but must be shared with the City and other user groups. The following areas can hereby be used by WHP and are depicted in the attached Exhibit B to this Agreement. 1)Ice Sheet 2)Visitor Locker Rooms 3)Game Officials Room 4)Space to sell beer and team merchandise, novelties, souvenirs, programs and publications 5)Lobby and ticket area 6)Public Restrooms 7)Bleachers 8)Parking Lot 9)All other Premises areas and improvements of the Ice Center not specifically enumerated in Section 1. E., above. G.Team Merchandise and Novelties: the term “Team Merchandise and Novelties” shall mean any and all articles of clothing as well as items such as pennants, posters, buttons, pens, mugs, etc. which bear the name, logos and/or colors of the team owned by WHP and/or the name of the NAHL. H.Premises: the term “Premises” shall include the Ice Center, parking lot, and grounds as depicted in Exhibit C to this Agreement. 2. TERM 4 A.The initial term of the Agreement shall be for five (5) years commencing on April 1, 2009 and concluding on May 31, 2014. B.This Agreement may be extended for an additional and renewable five (5) year terms beyond the initial term, upon the mutual agreement of the City and WHP. C.If WHP decides to extend this Agreement beyond the initial and/or subsequent renewable term, WHP shall submit in writing to the City Clerk such request at least ninety (90) days prior to the expiration of the initial term and any subsequent renewable term. The term of this Agreement shall be the initial term, together with any renewable terms as exercised by WHP. 3.USE OF THE PREMISES A.The City hereby leases and grants to WHP the exclusive areas of the “leased facilities” as enumerated in Section 1. E. and depicted in Exhibit A of this Agreement for the purpose of conducting scheduled practice ice, games, camps, and clinics on a year-round basis during the term of this Agreement and any renewals hereof. B.The City hereby agrees to allow WHP to use the “non-leased facilities” as enumerated in Section 1. F. and depicted in Exhibit B of this Agreement during the conduct of scheduled practice ice, games, camps, and clinics on a year-round basis during the term of this Agreement, such use by WHP is non-exclusive. C.The City will provide WHP with a building key to the Ice Center. 4.WHP RIGHTS A.The City grants WHP the right to be the exclusive Junior A hockey team at the Ice Center that uses the Ice Center as its home rink. The City agrees that WHP shall have first right to schedule and purchase from the City ice time for practice, games, camps, clinics, and tournaments at the Ice Center provided that the dates and times st are selected by April 1 for the months of June through September and are selected st by July 1 for the months of October through May with the exception of playoffs. The WHP will meet with other user groups at the rink to identify any conflict dates prior to finalizing schedule. B.The City grants WHP the exclusive right to sell and keep all revenue from the sales of admission tickets, team merchandise, and novelties as defined in Section 1. G. C.The City grants WHP the exclusive right to sell and keep all revenue from the sale of advertising space on designated areas inside the Ice Center as set forth in Section 11 of this Agreement. The City and WHP shall mutually agree on the location(s), size, colors, materials and content for said advertising. WHP shall also have the right to sell and retain revenue from any advertising sales on WHP printed material such as programs, yearbooks, publications and scorebooks. 5 D.The City grants WHP the privilege to sell and keep all revenue from the sales of alcoholic beverages allowed in a Class B license during scheduled hockey games (pre- season, regular season, and post season), play-offs, tournaments and tryout camps. Alcohol sales may begin one (1) hour before game time and shall conclude five minutes after the beginning of the third period of said game. Alcohol may only be dispensed, served and consumed inside the Ice Center. The sales and consumption of alcohol outside the Ice Center upon public property is prohibited at all times, and shall only occur if approved by the Alcohol Licensing and Advisory Committee and the Janesville Common Council in the manner authorized by law for special event temporary beer and wine only permits. 1)WHP shall apply to the City for an annual Class B alcohol license to sell beer at the Janesville Ice Center. Such entity shall apply for such alcohol license in a normal and customary manner required of all alcohol license applicants. WHP agrees to apply for an alcohol license within thirty (30) days of the Janesville Common Council approving this use agreement. WHP must comply with all applicant qualifications and other alcohol law requirements. 2)No alcohol license or permit issued by the City to WHP shall be transferable. 3)WHP shall, at all times, comply with all Federal, State, and local laws governing alcohol beverages and their sale and consumption. WHP’s appointment of an alcohol license agent shall be a resident of the City of Janesville. 4)Since the issuance of such alcohol beverage license is discretionary, by entering into this Agreement, the City in no manner guarantees, warrants, or represents that WHP or anyone on WHP’s behalf shall be granted or issued any alcohol beverage license or permit by the City. 5)Upon expiration or termination of this Agreement, or the expiration of the alcohol beverage license year, whichever occurs first, in the event that WHP is no longer operating at the Ice Center, WHP’s alcohol beverage license shall forthwith terminate, be relinquished, and surrendered back to the City, and cease to be of any further force or effect. 6)The City acknowledges the right of WHP to apply for two (2) outdoor special event alcohol activities that include food and alcoholic beverages each Hockey Season that would occur at the Ice Center facility or in the parking area in a designated area. If the event impacts the rink use, ice time would be paid for. WHP shall be responsible for obtaining all permits, licenses, and insurance related to such events, and to comply with all applicable laws and regulations. 7)Recognizing that the grant of any alcohol license or permit is discretionary, notwithstanding any other provision of this Agreement to the contrary, the failure or refusal of the City, the governing body, or any of its elected or appointed boards or committees to recommend or grant any fermented malt beverage or intoxicating liquor alcohol beverage license or permit to WHP or any other person on WHP’s behalf shall this Agreement null, void, or unenforceable. 6 8)The Janesville Youth Hockey Association (JYHA) will be responsible for general food and beverage operations (non-alcoholic beverages) during WHP games consistent with current food and non-alcoholic beverage operations. JYHA concession contract provides for exclusivity for food and non-alcoholic beverage sales. WHP will have the right to negotiate with JYHA on any joint or separate concession sales. WHP shall have the right to sell food and non-alcoholic beverage product lines not in competition with JYHA. JYHA must provide reasonable and consistent customer service to the satisfaction of WHP and the City. If the WHP or the City receives customer complaints about inadequate concession services, the WHP, the City and the JYHA agree to meet in a timely fashion to address customer concerns. The WHP, the City and the JYHA further agree to renegotiate, if necessary, the terms and conditions of the concession contract between the City and JYHA. 9)Alcoholic beverages may not be co-located in the general concession. E.WHP has the right to install a team logo under the ice as is currently the practice with other Ice Center user groups. WHP shall provide the City with said decal logo in a size consistent with other Ice Center team/club logos and the City will install at no cost to WHP. F.WHP shall pay the City for all home ice time used by WHP at the Ice Center for any reason. G.The City agrees to list home game dates and times on the Ice Center marquis. Portable or temporary signs/banners to promote WHP events on the Ice Center grounds must be in compliance with the City sign ordinance. WHP will be responsible for the application of temporary signs and banners and pay all associated fees. 5.CITY RIGHTS A.The City has the right to undertake repairs, maintenance projects, and capital projects from time to time and at any time, at such times, places and duration that the City or City Manager decide is/are in the best interest of the City. Before making any such improvements, the City will meet with a representative from WHP to discuss the effect of such undertaking upon WHP’s use of the Ice Center, and shall consider any reasonable input and requests by WHP. WHP will make itself reasonably available for such discussions. In the event the City Manager determines that the City’s improvement undertaking might substantially affect WHP’s operation at the Ice Center or performance under this Agreement, the City and WHP shall negotiate what, if any modifications of the Agreement, premises, rent, or operations may be necessary as a result of such capital improvement(s). The exception to the above is when the City must undertake emergency repairs to the Ice Center or any 7 components of its infrastructure. If no prior agreement is reached, the City may undertake the actions without notice. B.The parties expressly understand and hereby acknowledge that WHP shall not be relieved of any of its obligations under this Agreement, nor shall the City be liable to WHP for any interruptions of any part, portion, or whole of WHP’s operation under this Agreement that may directly or indirectly arise or result from the City’s undertaking of any capital improvement(s) to the Ice Center or premises or undertaking emergency repairs. The City shall not be liable to WHP or any other person for any lost revenues, costs, or any other direct or consequential damage(s). C.The City has the right and responsibility to make emergency repairs to the Ice Center mechanical systems to preclude any unnecessary closures of this facility. The City will notify WHP as soon as reasonably possible of any potential mechanical problems which could require cancelling WHP games. If WHP home hockey games need to be cancelled due to mechanical failures, WHP will be responsible for cancelling, rescheduling or finding a different venue for their game(s). WHP will pay for all costs associated with relocating any cancelled home games to a different venue. The City will have no financial obligations to WHP for WHP costs associated with relocating home hockey games. WHP will have no financial obligations to the City for cancelled game ice time. D.The City has the unobstructed right to access the “leased facilities” of WHP at any time, without advance notice, for the purpose of conducting custodial services, 6.RENTAL RATES A.WHP hereby agrees to and shall pay to the City the following off-peak rental rates for ice time and facility use beginning in 2009. The City will invoice WHP in a customary manner on a monthly basis. 1)Four Hundred Forty Dollars ($440) for each exhibition, pre-season, regular season, play-off, or tournament hockey game at the Ice Center for up to 3 ½ hours. The WHP agrees to provide not-for-profit charities a minimum of 10 tickets per game. 2)Sixty Dollars ($60) per hour for WHP practice ice time. 3)One Hundred Dollars ($100) per hour for ice time designated for WHP camps, clinics, and try-outs events. 4)WHP agrees to pay a monthly rental fee of Three Hundred Fifty Dollars ($350) for the exclusive use of non-ice facilities, to include the office, locker room area (to include restroom and showers), and storage space. If the average attendance (total games played divided by total attendance) falls below six hundred (600) fans per game, the City agrees to waive the office rental fees. 5)If the average attendance (total games played divided by total attendance) falls below five hundred (500) fans per game, the contract may be cancelled. 8 B.The City and WHP mutually agree to review the ice time rental rates and make adjustments, as necessary, on an annual basis. Any rental rate adjustments will become effective for a twelve (12) month period from September 1 to August 31. The rental rates enumerated in Section 6. A. are effective from the date this Agreement is executed until August 31, 2010. The City and WHP mutually agree that any change to the rental rates shall not increase more than the All Urban Consumer Price Index (AUCPI). C.The rental rates may also be reviewed and adjusted on an annual basis during any subsequent renewal term. 7.ICE CENTER IMPROVEMENTS A.The City shall, at its expense, perform or cause to be performed the work identified on the attached Exhibit D, “Ice Center Capital Improvements.” 8.STAFFING AND SERVICES A.The City shall furnish uniformed security staff at each hockey game. WHP agrees to pay 100% of said costs for uniformed security staff up to a minimum of two (2) security personnel per event. B.The City shall provide the following services in connection with the Ice Center and WHP’s use of the premises: 1)Ice surface in good and suitable condition for the conduct of ice hockey. 2)Boards in good and suitable condition for the conduct of ice hockey. 3)Proper ice markings for lines and face-off circles. 4)Utility services, including but not limited to, electricity, heat, water, sewer and air conditioning. 5)Custodial and maintenance services for the Ice Center and premises. 6)Zamboni services for the Ice Center. 7)General maintenance to the building, grounds, and appurtenances. 8)Snow and ice removal for sidewalks around the building and parking lot. 9.PARKING A.All parking spaces available at the Ice Center will be dedicated for the use of WHP for any hockey game two (2) hours prior to game time and one (1) hour after a hockey game. B.WHP may designate a maximum of four (4) reserved parking stalls for WHP use during the term of this Agreement. The City and WHP shall mutually agree on the location of said WHP reserved parking stalls. 10. SCHEDULING 9 A. WHP is the primary tenant of the Ice Center and shall have first right to schedule ice time and dates in the Ice Center. B.Ice time for each hockey game shall not exceed four (4) hours and shall be approximately from 6:00 pm to 10:00 pm. C.Practice ice time shall be made available to WHP Monday through Friday for two (2) hours per day and shall be approximately 1:30 pm to 3:30 pm. D.WHP shall submit their season schedule of practice hours and home game dates and times in writing to the City by July 1 of each year. E.WHP’s Head Coach or his designee shall be authorized to schedule or reschedule ice time for the team. F.Ice time shall be made available during the months of June, July, and August for WHP camps, clinics, and other WHP sponsored hockey events. WHP will submit in writing to the City their summer schedule of ice usage by April 1 of each year. The dates and times for these events shall be mutually agreed upon by the City and WHP. 11.ADVERTISING A.The City authorizes WHP to sell and display advertising in selected areas of the Ice Center. WHP shall retain all revenues derived from advertising sales. WHP is responsible for all costs of advertising installation, display, repair, and removal. WHP shall remove all WHP sold advertising with forty-eight (48) hours of the Agreement termination or expiration. Approved areas for advertising include: 1)Dasher boards (both sides) 2)Under-ice logos 3)Zamboni 4)Interior walls of rink 5)Restroom walls 6)Back-lit signs B.Additional areas for advertising may be negotiated by the City and WHP on a case by case basis. C.WHP shall assume all costs associated with the production, implementation, maintenance, and removal of all advertising signage. D.The City agrees to advertise each WHP event in and on any selected advertising medium controlled by the Ice Center, when space and funding permits, including a calendar of events, marquee, etc. 10 12.BROADCASTING RIGHTS A.WHP shall have the exclusive rights to broadcast, televise, and cablecast all events which may be scheduled, promoted, and held by the WHP at the Ice Center during the term of this Agreement and shall retain all revenues which may be generated thereby. B.The City shall not impose any fees on WHP for radio or television broadcasts originating from the Ice Center. 13.INSURANCE A.WHP shall secure at its own expense, and at all times maintain, and provide to the City a certificate of insurance naming the City and each and every of the City’s elected and appointed officials, officers, employees, and appointees, as an additional insured and obtaining comprehensive public liability insurance policy for bodily injury or death in the minimum amount of Two Million Dollars ($2,000,000) for one (1) person, one (1) occurrence, and Five Million Dollars ($5,000,000) for two (2) or more persons on any one occurrence, and property damage in the amount of Two Million Dollars ($2,000,000) per occurrence. B.WHP shall secure, at its own expense and at all times maintain, Worker’s Compensation Insurance covering the statutory liability of WHP and its employees in the operation of a Junior A Hockey Team at the Janesville Ice Center as required by the State of Wisconsin. C.WHP agrees to provide liability and health insurance coverage for all team players through the NAHL. D.WHP shall also secure at its own expense and at all times maintain an umbrella liability policy, with provisions insuring all property maintained at the Ice Center and in the care, custody, and control of WHP including, but not limited to, any and all WHP, and separately, any and all City materials, uniforms, equipment, supplies, merchandise, and products. Said policy shall name the City as co-insured. E.WHP shall endorse coverage providing the City with a thirty (30) day prior notice of policy change, termination, cancellation. 14.INDEMNIFICATION A.WHP hereby agrees to and shall fully and forever indemnify, save, and hold harmless the City and each and every of the City’s elected and appointed officials, officers, employees, representatives, agents, and related others and their heirs and assigns (indemnified parties) from any and all liability, damages, payments, awards, suits, forfeitures, claims, demands, actions, causes of action, and other amounts of whatsoever kind or nature arising from and/or pertaining to WHP’s intentional or 11 negligent use of the Ice Center or premises by anyone authorized by WHP directly or indirectly upon and/or affecting the premises. B.The City hereby agrees to and shall fully and forever indemnify, save and hold harmless WHP and each and every of WHP’s partners, employees, agents, and other affiliates (indemnified parties), from any and all liability, damages, payments, awards, suits, forfeitures, claims, demands, actions, causes of action, and other amounts of whatsoever kind or nature arising from and/or pertaining to the City’s use of the Ice Center or premises. 15.CONTINGENCY A.This Agreement is contingent upon WHP receiving approval from the League for its hockey franchise and maintaining its hockey franchise. If WHP does not receive approval from the League for its franchise or the League terminates the franchise in the future, then at any time prior to or during the term of this Agreement, WHP may terminate this Agreement and this Agreement shall no longer have any force or effect. B.This Agreement is contingent upon approval by the Janesville Common Council. 16.TERMINATION AND DEFAULT A.Either party shall be entitled to unilaterally terminate this Agreement if the other party is in default under this Agreement and fails to cure such default within thirty (30) days after written notice of default has been given to the defaulting party, provided that this remedy of termination shall be in addition to any and other remedies provided by law or under this Agreement. All rights and remedies are cumulative and not exclusive. B.WHP may terminate this Agreement at any time in the event of any damage or destruction of any portion of the Ice Center entirely that prohibits WHP’s use of the Ice Center. C.If the average attendance (total games played divided by total attendance) falls below five hundred (500) fans per game, the WHP may terminate this Agreement upon giving sixty (60) days written notice to the City at the conclusion of the hockey season. 17.ASSIGNMENT A.This Agreement, the rights, privileges, duties, and obligations of the parties hereunder may not be assigned, delegated, or pledged to another party without the prior written consent of the City. B.WHP may not sublet or sublease the “leased facilities”, Ice Center, or premises in whole or in part. 12 18.ENTIRE AGREEMENT A.This Agreement constitutes the entire Agreement between the parties hereto with respect to the subject matter herein contained. Except with regards to the future scheduling provided in Section 10, there are no agreements or understandings between the parties hereto, whether oral or written, regarding the subject matter hereof, which have not been embodied or incorporated herein by reference. 19.BINDING EFFECT; CHOICE OF LAW A.This Agreement shall bind the parties, their heirs, personal representatives, successors, and assigns. This Agreement shall be governed by, construed, and interpreted in accordance with the laws of the State of Wisconsin. B.WHP shall, at all times, comply with any and all applicable rules, regulations, laws, codes, ordinances, statutes, orders of each and every governmental authority, Federal, State, and local, lawfully exercising authority over the Ice Center, premises, or over the operations carried out thereon by WHP. C.Each provision of this Agreement shall extend to and shall, as the case might require, bind and inure to the benefit of the parties hereto. This Agreement shall not inure to the benefit of any assignee, transferee, or successor of WHP, or to any third party, except upon the express duly authorized, written, and signed consent of the City, which consent may be withheld for any reason and without cause or notice. 20.SEVERABILITY A.It is the intent of the parties hereto that each section, part, portion, provision, covenant, term, and obligation of this Agreement is severable. If any part is held unlawful, unenforceable, or unconstitutional for any reason, such decision shall not affect or waive the remainder of this Agreement nor any of the remaining obligations of the parties hereto. 21.AUTHORITY A.Each person executing this Agreement on behalf of the parties represents and warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of such party, and that this Agreement is binding upon that party in accordance with its terms. 22.NOTICE A.Any and all notices required or permitted to be given hereunder shall be deemed delivered when actually received, if delivered personally, or when mailed, if deposited with the U.S. Postal Service, first class prepaid, certified or registered mail, return receipt requested, and addressed as follows: If to WHP: William J. McCoshen 22 North Carroll Street 13 Suite 200 Madison, WI 53703 If to the Ice Center: Cullen Slapak Ice Center Manager 820 Beloit Avenue Janesville, WI 53545 If to the City: Eric Levitt City Manager P. O. Box 5005 18 No. Jackson Street Janesville, WI 53547-5005 23.NO THIRD PARTY RIGHT A.This Agreement creates no duty, obligation, or responsibility on the City and extends no rights, privileges, causes of action, or claims to or in any third persons not a party to this Agreement. 24.ADDITIONAL OBLIGATIONS A.WHP shall pay all sales, use, and other taxes, license fees, and permit fees necessary or required or arising from, by law, for the conduct of its operation in the Ice Center or upon the premises. B.WHP shall apply for, pay, and at all times maintain in good standing a current Wisconsin Retail Sales and Use Tax Number, as required, now and from time to time, by State Law and/or the Wisconsin Department of Revenue. C.WHP and its officers, directors, owners, employees, agents, representatives, and team members shall, at all times, treat the general public, City staff, governmental officials, and contractors with the upmost of courtesy, respect, and consideration. D.The performance of each and every of a party’s obligations set forth in this Agreement shall be solely at such parties cost and expense, and at no cost, fee, or expense whatsoever to the other party, unless a particular section or provision of this Agreement specifically provides otherwise, in which event the other party’s cost, fee or expense, shall not exceed that provided in such specific section or provision. E.WHP shall remain in good standing with the State of Wisconsin at all times. F.In the event that WHP fails to pay any ice time fee(s) to the City within sixty (60) days of when originally due, the City may sell to others and/or use that ice time at its 14 discretion, and no longer reserve or hold that ice time for WHP or anyone on WHP’s behalf. G.Time is of the essence in the performance of every obligation set forth in this Agreement. H.This Agreement may be modified or amended by the parties hereto at any time by mutual agreement in a writing signed by both parties. No modification, amendment, waiver or release of any provisions of this Agreement or of any right, obligation, claim, or cause of action arising hereunder shall be valid or binding for any purpose unless in writing, duly authorized and executed by both parties. I.No part, portion, provision, promise, paragraph, obligation, section, or term set forth in this Agreement shall be deemed waived by reason of one party failing to enforce such breach at any time or from time to time. Any such waiver must be in writing. Dated and executed this ___ day of ___________, 2009. City of Janesville: Wisconsin Hockey Partners, LLC: ___________________________ ___________________________ By: Eric Levitt By: William J. McCoshen City Manager Managing Partner City of Janesville WHP ___________________________ ______________________________ By: Jean A. Wulf By: Mark A. Cullen City Clerk/Treasurer Member City of Janesville WHP Approved as to form: ___________________________ Waldemar Klimczyk City Attorney 15 EXHIBIT A Map of Leased Facilities 16 EXHIBIT B Map of Non-Leased Facilities 17 EXHIBIT C Map of Premises 18 EXHIBIT D Ice Center Capital Improvements The City agrees to make capital renovation improvements to the existing footprint of the Ice Center to accommodate the WHP. The City agrees to make these improvements at the City’s cost. A summary of these improvements include: 1.Build a ___ square foot locker room to include showers and restrooms 2.Build a ___ square foot office 3.Build a ___ square foot storage area for equipment and supplies 4.Provide ___ square feet of common space to sell beer and team merchandise 5.Provide ___ square feet of common space to sell admission tickets 19 LEISURE SERVICES DEPARTMENT MEMORANDUM TO: City Council FROM: Bonnie Davis, Recreation Director SUBJECT: Action on a Request to Waive the Special Event Fee for the 2009 Farmers Market. DATE: March 12, 2009 Summary Janesville Farmers Market, Inc. has submitted a Special Event Application to conduct the 2009 Farmers Market in downtown Janesville. The Market is scheduled to operate for 25 Saturdays from May 9 through October 31 in the same location as previous years. The Board of Directors has requested that the City of Janesville waive the event fee for the 2009 season. It is the Board’s belief that the event fee ($525) would be cost prohibitive in operating the market. The Board is also requesting city staff to waive the equipment fee of ($1,600). Recommendation Upon receipt of the Certificate of Liability Insurance, the Leisure Services Department will approve the application for public event for the Market. The Department supports the request to waive the $525 Special Event Fee, and would also recommend that we continue to provide barricades, trash barrels and trash pick up at no charge. Given the limited financial resources of Janesville Farmers Market, Inc. and the desire of the City to support events that bring residents to downtown Janesville, it would be appropriate to support the Market to the best of our ability. The Leisure Services Department recommends the City Council act on a motion to waive the special event fee of $525 and the equipment rental fee of $1,600 for the 2009 Farmers Market. Suggested Motion I move to waive the $525 Special Event Fee for the Janesville Farmer’s Market. Background & Analysis In 2005, the City executed an agreement with the Farmers Market Steering Committee to co-sponsor the Janesville Farmers Market. The program was jointly conducted by the two entities with a successful season ensuing. The intent of the City’s initial involvement was to provide expertise and financial support until the Farmers Market could become a viable entity and assume increased responsibility for operating and financially supporting the activity. In 2006, the Janesville Farmers Market Inc., made the decision to assume a more significant role in planning and operating the Farmers Market. The Farmers Market Steering Committee reorganized into Janesville Farmers Market, Inc. and hired a Market Director who was responsible for day to day operations. The Department of Leisure Services continued their support of the Market by hosting special events, assisting with advertisement, and logistical/financial support in terms of set up, barricade and trash barrel usage. In addition, the City Council waived the 2006 special event fee. The 2006 season was again successful and experienced continued growth. In Both the 2007 and 2008 seasons, the Market continued to be successful, providing the majority of its own advertising and hosting all of the special events that were held there. The City again assisted with barricade and trash barrel usage, as well as trash pickup. The City Council again waived the special event fee of $525 and the equipment rental fee in support of the Market. The Leisure Services Department is now in receipt of the 2009 Special Event Application and a letter from Randy Thompson, Chairman of the Janesville Farmers Market, Inc. Board of Directors, requesting that the City waive the special event fee of $525.00 (see attached letter). The Market provides their own liability insurance. City of Janesville Administrative Policy regarding special events requires the payment of fees at the time of application. City Council support of the waiver request would ensure the continued operations of the Janesville Farmer’s Market. Given the limited financial resources of Janesville Farmers Market, Inc. and the desire of the City to support events that bring residents to downtown Janesville, it would be appropriate to support the Market to the best of our ability. By waiving these fees, the Council may receive additional waiver requests from other community organizations, which could negatively impact recreation division revenue. cc: Jennifer Petruzzello, Director of Neighborhood Services Eric J. Levitt, City Manager Jacob J. Winzenz, Director of Administrative Services Steve Kopp, Deputy Chief of Police 2 ADMINISTRATIVE SERVICES MEMORANDUM March 18, 2009 TO: City Council FROM: Jacob J. Winzenz, Director of Administrative Services SUBJECT: Action on a Proposed Resolution Directing Kennedy Homes to Install Sidewalks at the Ridges of Rock County (File Res. 2009- 587) Summary On July 10, 2006, the City Council approved the final plat of the Ridges of Rock County Plat Number 1 being developed by Kennedy Homes, and on August, 14, 2006, the City Council accepted the Waiver of Special Assessment notices. To guarantee the construction of the sidewalks Kennedy Home paid 15% of the sidewalk assessment in cash and provided a bond for the remaining 85% of the assessment. The sidewalks have not yet been installed and Kennedy Homes is facing financial difficulties making it unlikely they will proceed with this development. In order to collect on the bond guaranteeing the remaining 85% of the sidewalk assessments, the City Council must, by resolution, direct Kennedy Homes to install sidewalks in The Ridges of Rock County. Staff Recommendation In order to guarantee that sidewalks will be constructed in accordance with the approved plat, staff recommends that the City Council draw on the performance bond by ordering Kennedy Homes to install the sidewalks as required. Suggested Motion Move to adopt File Resolution 2009-587 Background On July 10, 2006, the City Council approved the final plat of the Ridges of Rock County Plat Number 1 being developed by Kennedy Homes, and on August, 14, 2006, the City Council accepted the Waiver of Special Assessment notices. Due to the scale of this development many of our traditional development and assessment practices were modified through a development agreement. As part of this development agreement Kennedy Homes agreed to install and construct the sidewalks themselves. To guarantee the construction of the sidewalks Kennedy Home paid 15% of the sidewalk assessment in cash and provided a bond for the remaining 85% of the assessment. The total sidewalk assessment for this development was $$770,400.00. The sidewalks have not yet been installed and Kennedy Homes is facing financial difficulties making it unlikely they will proceed with this development or install sidewalks in accordance with the agreement. Under our traditional development practices the developer would have been required to pay 100% of the sidewalk assessment when the plat was recorded. Sidewalks would then have been constructed either by the property owner or by the City. The sidewalk assessments collected at the time of platting would then be used to either reimburse the property owner, or pay the City costs of hiring a contractor. This practice assures that funding is available to construct planned sidewalks in new developments eliminating problems associated with later assessments. Analysis Approval of File Resolution 2009-587 finds that Kennedy Homes has failed to install or pay for sidewalks in accordance with their agreement and directs that such sidewalks be installed. This will allow the City to collect on the performance bond which serves as the financial guarantee for the construction of the sidewalks. Since very few homes have been constructed in this subdivision, it is our position that the Guarantor shall deposit with the City the funds necessary to pay for the future construction of the sidewalks. If we do not draw on this performance bond, sidewalks may still be installed in the future in accordance with the plat, however, property owners would need to be assessed for the improvements. This is the situation past City Councils have tried to avoid by requiring that sidewalk assessments be paid by the developer at the time the plat is recorded. This will once again raise the issue of the ability of individual property owners to pay the sidewalk assessment. 2 RESOLUTION NO. 2009–587 A RESOLUTION DIRECTING KENNEDY HOMES TO INSTALL SIDEWALKS AT THE RIDGES OF ROCK COUNTY SUBDIVISION AND CALLING FOR PAYMENT UNDER A PERFORMANCE BOND UPON KENNEDY’S FAILURE TO DO SO. WHEREAS, Kennedy Homes II Limited Partnership, is an Illinois Limited Partnership, conducting its principal business at 14 Executive Court, South Barrington, IL 60010 (“Kennedy Homes”); and WHEREAS, Kennedy Homes duly executed and filed a certain Waiver of Special th Assessment Notices, dated the 7 day of August, 2006, pursuant to Wis. Stats. §§ 66.0703 and 66.0703(7)(b) for the installation of public sidewalks in Kennedy Homes The Ridges of Rock County Subdivision; and WHEREAS, Kennedy Homes, as part and condition of the Janesville Plan Commission and Common Council Subdivision, Land Division, and plat review and approval process, promised to install the sidewalks; and WHEREAS, this promise was also set forth and agreed to by Kennedy Homes in the Engineering Plans for the Ridges of Rock County (“Plans”); and WHEREAS, to guarantee and insure the sidewalk installation, Kennedy Homes rd provided to the City of Janesville, “Obligee,” a certain Subdivision Bond, dated the 3 day of August, 2006, in the face amount of One Million Four Thousand Eight Hundred Forty and 00/100 Dollars ($1,004,840.00) (”Bond”), issued by Surety Lexon Insurance Company, an Illinois Corporation (“Lexon”); and WHEREAS, In the Bond, Kennedy Homes, the “Principal” on the Bond, by Kennedy Construction, Inc., its general contractor, “has agreed to construct in Ridges of Rock County, Phase 1, in the City of Janesville, the following improvements: grading and sidewalks described in the Engineering Plans for Ridges of Rock County, prepared by Combs and Associates and last revision dated June 2, 2006, a copy of said plans and specifications are on file with the City Engineer and marked Ridges of Rock County; and WHEREAS, the Bond provides that if Kennedy Homes fails to grade and construct the sidewalks, Lexon shall pay to the City the cost of such construction and shall save the Obligee, City, harmless from any loss, cost or damage by reason of [Kennedy’s] failure to complete said work; and WHEREAS, the Bond further provides in part: “… and the Surety, upon receipt of a resolution of the City Council indicating that the improvements have not been well and truly installed, completed, or paid for, within the time provided, will, at the option of the City, complete the improvements or pay to the Obligee such amount up to the principal amount of 1 this Bond which will allow the Obligee to compete the improvement or pay the person who has completed the improvement”; and WHEREAS, Kennedy Homes has failed to perform the grading and sidewalk construction the Ridges of Rock County, under the Bond, the Plan, or the Plat; and WHEREAS, Kennedy Homes, upon information and belief, has abandoned the Ridges of Rock County, does not plan to grade or install the sidewalks, and has no intent to do so; and WHEREAS, this project dates back to 2006 and more than a reasonable period of time has elapsed without performance or compliance by Kennedy Homes; and WHEREAS, this Resolution is in the best interest of, and benefit to, the City, Community, and its taxpayers, as well as future owners of lots in The Ridges of Rock County. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville, as follows: 1. Each and every of the above recitals is hereby reiterated, restated, and incorporated herein as it fully set forth verbatim; and 2. Kennedy Homes is hereby directed to fully, completely, and in strict accord with City standards and directives, forthwith grade and install all sidewalks in The Ridges of Rock County, as set forth in the Plan, the Plat, and the Bond no later than noon on August 18, 2009; and 3. This writing constitutes the notice to the Surety of the Resolution, and the “Resolution of the City Council indicating that the improvements have not been well and truly installed, completed, or paid for, within the time provided [by Kennedy Homes and the Surety, who], will, at the option of the City, complete the improvements or pay to the Obligee such amount up to the principal amount of this Bond which will allow the Obligee to complete the improvement or pay the person who has completed the improvement”; and 4. The Resolution satisfies all conditions precedent for performance by Kennedy Homes and Lexon under the Bond; and 5. The City Administration is hereby directed to forthwith proceed expeditiously and diligently to take all actions and efforts necessary and/or desirable, as the City Manager and/or his designee(s) in his/their sole judgment and discretion, from time to time and at any time, may determine or decide, to recover all amounts due to the City from the Surety under the Bond; and 2 BE IT FURTHER RESOLVED, that the City Manager and his designee(s), on behalf of the City of Janesville, is/are hereby jointly and severally authorized and empowered to negotiate, draft, review, revise, modify, amend, execute, enter into, file and/or record additional agreements, amendments, documents and letters of understanding concerning this matter, and to take whatever additional other actions that the City Manager may determine in his sole discretion, from time to time and at any time, necessary and/or desirable in the public interest to effectuate the intent of this Resolution without the necessity for any additional review or authorization by the Common Council. ADOPTED: Motion by: Second by: Councilmember Aye Nay Pass Absent APPROVED: Brunner Eric J. Levitt, City Manager Loasching McDonald ATTEST: Rashkin Steeber Truman Jean Ann Wulf, City Clerk-Treasurer Voskuil APPROVED AS TO FORM: City Attorney Proposed by: City Clerk-Treasurer and Engineering Divisions Prepared: City Attorney Wald Klimczyk Shared/Kennedy Homes Lexon Resolution.doc.docx 3 OPERATIONS DIVISION MEMORANDUM March 12, 2009 TO: City Council FROM: Peter Riggs, Assistant Operations Director SUBJECT: Action on a proposed resolution authorizing the expenditure of funds for the operation and maintenance of Oak Hill Cemetery for the remainder of fiscal year 2009 (File Resolution No. 2009-589). Summary On December 22, 2008 the City Council approved resolution 2008-568 accepting the transfer of property and funds associated with Oakhill Cemetery. A budget for the City of Janesville to perform the operation and maintenance of the Oak Hill Cemetery for the remainder of 2009 has been prepared for review by the City Council. This budget proposes expenses of $235,335, revenues of $116,250, and the use of $119,085 from transfers received from the Oak Hill Cemetery Association. The City Council may approve this budget by approving resolution 2009-589. The Additional Activities section below describes suggested projects to be performed to ensure the efficient and effective operation and provision of services at the Oak Hill Cemetery. These activities include the creation of an Oak Hill Cemetery Advisory Committee, a policy manual, a facility maintenance plan, a decision on the removal or repair of the water distribution system, a road network inspection and maintenance plan, a tree inventory and maintenance plan, and electronic record storage. Staff Recommendation Staff recommends that the City Council approve resolution 2009-589 authorizing the City of Janesville to expend funds not to exceed $235,335 for the operation and maintenance of the Oak Hill Cemetery for the remainder of fiscal year 2009 ending December 31, 2009. The details of this expenditure are outlined in the Proposed Budget section below. Suggested Motion Move to approve Resolution 2009-589 authorizing the expenditure of funds not to exceed $235,335 for the operation and maintenance of the Oak Hill Cemetery for the remainder of fiscal year 2009 ending December 31, 2009. City Manager Recommendation The City Manager recommends approval of the proposed motion. However, staff will continue to analyze how the City can reduce the expenses for this activity as we move into the coming budget year. 1 Proposed Motion I move to approve File Resolution No. 2009-589. Request On December 3, 2008 the Board of Trustees of the Oakhill Cemetery Association, Inc. passed a resolution transferring all cemetery property and funds to the City of Janesville, pursuant to Section 157.064(5) of Wisconsin Statute. On December 22, 2008 the City Council approved resolution 2008-568 accepting the transfer of property and funds and authorized the City Manager to enter into agreements with the Oakhill Cemetery Association to complete this transfer no later than March 30, 2009. The transition of property and funds is underway and Council approval is now required to begin the expenditure of funds for the operation and maintenance of Oak Hill Cemetery. Background In 2007, the City of Janesville was approached by members of the Board of Trustees of the Oak Hill Cemetery Association regarding their financial condition and the continued operation of the cemetery. Board members indicated that without financial assistance the Cemetery Association would be forced to abandon the cemetery and the City of Janesville would be required to take over operations as provided in Wisconsin Statute 157.115(1)(b). In December 2008 the Board of Trustees passed a resolution transferring all property and funds to the City of Janesville. The City Council accepted this transfer by approving resolution 2008-568 on December 22, 2008. The resolution stated the transition must be completed by March 30, 2009. At this point the City of Janesville is responsible for the operation and maintenance of the Oak Hill Cemetery. City staff has been working with the Oak Hill Cemetery Association to transfer property and funds and prepare for the transfer of ownership and management of the cemetery. In total, the Oak Hill Cemetery Association transferred $389,630 in cash and investments to the City of Janesville as well as approximately 90 acres of property containing five buildings, two pickup trucks and numerous pieces of equipment and supplies. Analysis The City Council approved the transfer of property and funds from the Oak Hill Cemetery Association to the City of Janesville and now approval is needed to fund operating and maintenance activities at the cemetery. The following are Pros & Cons of choices the City Council has for addressing resolution 2009-589. 2 The City Council Approves Resolution 2009-589 Pros: ? The operations and maintenance of Oak Hill Cemetery continues at existing service levels without interruption. ? Customers and users of Oak Hill Cemetery are not negatively affected by changes in service levels, cemetery ownership, or cemetery management. ? Revenues from cemetery activities and funds transferred from the Oak Hill Cemetery Association are used to cover expenses for the remainder of 2009, which helps to conserve general fund tax dollars. Cons: ? Future operating budgets could require a general fund subsidy which could result in an increased tax levy or a reduction of funding for other City services. ? Cash and investments transferred from the Oak Hill Cemetery Association are depleted. The City Council Does Not Approve Resolution 2009-589 Pros: ? The City of Janesville does not expend any funds at this time. Cons: ? The operation and maintenance of Oak Hill Cemetery stops due to lack of funding, preventing burial activities and contributing to the deterioration of the buildings and grounds. ? The City of Janesville is still responsible for the care and maintenance of the cemetery grounds (Wisconsin State Statute 157.115 (1) (b)). Proposed Budget This section outlines the proposed budget required for the operation and maintenance of Oak Hill Cemetery for the remainder of 2009. An operating expense of $235,335 is proposed to be funded by revenues of $116,250 and $119,085 from cash and investments transferred from the Oak Hill Cemetery Association. This information is shown in Table 1 below. Table 1 Oak Hill Cemetery Cash and Investments Cash and Investments as of February 27, 2009$389,630 Add: Revenues116,250 Less: Expenses235,335 Change in Total Cash and Investments(119,085) Total Cash and Investments at December 31, 2009$270,545 This budget provides for continuation of current levels of service with minimal impact on the customers and users of the Oak Hill Cemetery. The budget provides for building and grounds maintenance, including five buildings, 3 approximately 13 miles of paved roadways, hundreds of trees, 90 acres of lawn and forest, and approximately 24,000 existing burial sites. This budget also provides for the cemetery office to be open and staffed 20 hours a week to coordinate grave openings and closings (115), lot sales (85), and record keeping of all new and historical burial records (over 24,000). Proposed 2009 Oak Hill Cemetery required resources are detailed in Table 2 below. Personal Services ($128,313) provides for wages and fringe benefits for two full time Cemetery Caretakers ($74,779), a part time Customer Service Representative ($11,651), seasonal laborers ($19,800), and additional funds for supervisor wages and anticipated general laborer wages ($22,083). Contractual Services ($100,122) contains funds for Vehicle Operation and Maintenance ($50,862) for the fuel, maintenance, and replacement costs of two pick up trucks and various pieces of equipment used for mowing and maintaining the cemetery grounds. Equipment Rental ($5,400) is for a backhoe leased for use in grave openings and closings. Water, Wastewater, and Stormwater ($26,760) contains a one time payment for unpaid utility charges ($21,760) in addition to expected utility charges for the remainder of 2009 ($5,000). 4 Table 2 Proposed 2009 Oak Hill Cemetery Required Resources PERSONAL SERVICES Salaries & Benefits$0 Hourly Wages & Fringe108,513 Temporary Wages19,800 Subtotal128,313 CONTRACTUAL SERVICES Telephone900 Postage400 Electricty900 Gas (Heat)1,400 Vehicle Oper/Maintenance50,862 Building Maintenance5,000 Insurance7,500 Rental of Equipment5,400 Other Contractual Services1,000 Water, Wastewater, Stormwater26,760 Subtotal100,122 SUPPLIES & MATERIALS Office Supplies500 Park Supplies & Lumber2,000 Chemicals & Cleaning Supplies2,400 Misc. Supplies/Materials2,000 Subtotal6,900 CAPITAL OUTLAY0 GRAND TOTAL$235,335 Full-Time Equivalent2.50 5 Revenues of $116,250 are expected for the remainder of 2009. This is a combination of revenues gained from an estimated 86 burials ($62,250), 60 lot sales ($48,000), and income earned on investments ($6,000). This information is detailed in Table 3 below. Table 3 Proposed 2009 Oak Hill Revenues Burials$62,250 Grave Sales48,000 Interest Income6,000 Total$116,250 Additional Activities The following activities have been identified as projects that should be performed to ensure efficient and effective operation and provision of services at the Oak Hill Cemetery. ? Oak Hill Cemetery Advisory Committee A volunteer citizen committee could be created to provide the City Council with recommendations on policy issues concerning the operation and maintenance of Oak Hill Cemetery. If the City Council desires to create an advisory committee, then it is suggested that a Council Policy be created to outline the responsibilities, goals, and objectives of this committee. ? Creation of a Policy Manual for the Oak Hill Cemetery Rates for burials, cemetery lot prices, and cemetery regulations were set by the Oak Hill Cemetery Association in a policy document. Now that the City of Janesville has taken over ownership and responsibility for the Oak Hill Cemetery it is suggested that an updated policy document be created and presented to the City Council for their approval. This document should continue to address such things as burial rates, lot prices, and regulations for customers and visitors of the cemetery grounds. ? Facility Maintenance Plan There are five buildings on the Oak Hill Cemetery grounds. It is suggested that these buildings be examined and a maintenance plan developed. Specifically, the maintenance plan should address the significant structural concerns of the chapel and white auxiliary storage building and recommend action. ? Decision on Water Distribution System A water distribution system extends throughout the cemetery grounds providing visitors water for tending graveside flowers. The system is in poor condition and is prone to leaks and pipe breaks which result in excessive water usage and costly repairs. It is suggested that an analysis 6 be performed and a decision made to either removal or repair of the water distribution system. ? Road Network Inspection and Maintenance Plan Approximately 13 miles of paved roadways exist within the cemetery grounds. It is suggested that an assessment be performed to determine required repairs and develop a plan for maintaining this roadway network. ? Tree Inventory and Maintenance Plan The Oak Hill Cemetery grounds are home to hundreds of trees. Staffing levels have not allowed for the regular maintenance of these trees and now there is a significant quantity in need of pruning and removal. It is suggested that problem trees be identified and a maintenance plan be created to address this need. ? Electronic Record Storage The Oak Hill Cemetery Association maintained thousands of burial records and transactions in a paper format. It is suggested that existing paper records be updated to a digital format and a digital record keeping process be developed to capture new data and to ensure the security and accessibility of this information. CC: Eric Levitt, City Manager Jacob J. Winzenz, Director of Administrative Services Tom Presny, Parks Director Jean Wulf, City Clerk-Treasurer Patty Lynch, Comptroller Dave Godek, Deputy Clerk-Treasurer 7 RESOLUTION NO. 2009-589 A resolution authorizing the expenditure of funds for the operation and maintenance of the Oak Hill Cemetery for the remainder of fiscal year 2009 ending December 31, 2009. WHEREAS, The Board of Trustees of the Oakhill Cemetery Association, Inc. has determined that revenues are no longer sufficient to meet the operating expenses of Oakhill Cemetery, located at 1725 North Washington Street, and may need to abandon the cemetery; and WHEREAS, Wisconsin Statutes 157.115(1)(b) states that a municipality may take over an abandon cemetery after one year and shall take over an abandon cemetery after five years; and WHEREAS, Wisconsin Statute 157.064(5) states that a cemetery association may transfer property and funds to a city, village, or town if the governing body of that municipality accepts the transfer by resolution; and WHEREAS, on December 3, 2008 the Board of Trustees of the Oakhill Cemetery Association, Inc. passed a resolution transferring all cemetery property and funds to the City of Janesville, pursuant to Section 157.064(5) of Wisconsin Statute; and WHEREAS, on December 22, 2008 the City Council approved resolution 2009-568 accepting the transfer of property and funds and authorized the City Manager to enter into agreements with the Oakhill Cemetery Association to complete the transfer by March 30, 2009; and WHEREAS, cash and investments totaling $389,630 as of February 27, 2008 have been transferred from the Oak Hill Cemetery Association, Inc. to the City of Janesville; and WHEREAS , the Common Council find that the below expenditures are in the best interest and benefit of the City and its residents, businesses, and community. NOW, THEREFORE, BE IT RESOLVED BYTHE COMMON COUNCIL OF THE CITY OF JANESVILLE, AS FOLLOWS: 1. Each of the above recitals is reiterated herein as if fully set forth verbatim; and 2. The City Administration is authorized to expend funds for the operation and maintenance of the Oak Hill Cemetery for calendar year 2009 as follows : Oak Hill Cemetery Revenues $116,250 Oak Hill Cemetery Operating Expenditures $235,335 Use of Transferred Cash and Investments $119,085 BE IT FURTHER RESOLVED , that the City Manager and his designee(s), on behalf of the City of Janesville, is/are hereby jointly and severally authorized and empowered to negotiate, draft, review, revise, modify, amend, execute, enter into, file and/or record additional agreements, amendments, documents and letters of understanding concerning this matter, and to take whatever additional other actions that the City Manager may determine in his sole discretion, from time to time and at any time, necessary and/or desirable in the public interest to effectuate the intent of this Resolution. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Loasching Eric J. Levitt, City Manager McDonald Rashkin ATTEST: Steeber Truman Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: City Attorney Proposed by: City Administration Prepared by: Assistant Operations Director and City Attorney J:\Attorney\Word\Shared\Oak Hill Cemetery Resolution 2009-589 - Oak Hill Cemetery Expenditure Request Wald (2).doc DEPARTMENT OF PUBLIC WORKS MEMORANDUM March 16, 2009 TO: City Council FROM: Daniel L. Lynch, PE, Utility Director SUBJECT: Action on a Proposed Resolution Authorizing Participation in the WisWARN Mutual Aid and Assistance Program (File Res. 2009-582) Summary A statewide mutual aid response and assistance program for water and wastewater utilities has been formed in Wisconsin. The Wisconsin Water and Wastewater Agency Response Network, or WisWARN, was created to provide a method to allow a utility from one community to help a utility in another community with personnel and resources following a natural or manmade disaster. This program is expanding throughout the state and presently has about 15 members. The establishment of this mutual aid network will help ensure that vital services remain operational during and after disasters (such as the flooding in Janesville last year). Staff or Department Recommendation The management and staff of the Janesville Water and Wastewater Utilities strongly support the WisWARN program and encourage the Council to allow the City’s participation. Suggested Motion Move to adopt Resolution Number 2009-582 authorizing the City’s participation in the WisWARN Mutual Aid and Assistance Program. City Manager Recommendation I believe that regional cooperation is a good goal for Janesville. I concur with the goal of having a statewide mutual aid response & assistance program for water and wastewater utilities. Analysis With the support of the Wisconsin Department of Natural Resources (WDNR) the WisWARN mutual aid agreement and website were developed. The mutual aid agreement is the basic document that allows its member municipalities to participate in what is essentially an intergovernmental agreement. The intergovernmental agreement approach was used because it allows participating municipalities to maintain their governmental immunities and liability limits. The WisWARN mutual aid agreement provides the overall operating rules for participating utilities during a crisis. The agreement was developed by a working group representing the Cities of Madison and 1 Milwaukee; the Green Bay Water Utility; the Milwaukee, Madison and Green Bay Metropolitan Sewerage Districts; and the League of Wisconsin Municipalities. The WisWARN website (www.WisWARN.org ) is an important communication tool during emergencies, but it also serves other purposes. It contains the master resource inventory of available personnel and resources available from member utilities and emergency contact information. Member utilities can go to the website to update their information and, during emergencies, a utility requesting assistance goes to the website to find the nearest needed resource(s). The contacted utility determines if it can respond and if it can’t, the next utility with the needed resource is contacted. Initiating a WisWARN request for assistance is as simple as sending an email or making a phone call. Not only does this process allow for a very quick response, but the local municipality remains in charge and gets only the resources it has requested. WisWARN uses the National Incident Management System (NIMS), which is the standard emergency management protocol used by police, fire and other emergency response agencies, as required by the Federal Emergency Management Agency (FEMA). WisWARN is based on a national model supported by the U.S. Environmental Protection Agency and presently operating in 36 states. A list of communities/sewerage districts which have joined or are joining WisWARN is attached following this memorandum. Other benefits of joining WisWARN include: ? There is no cost to join or annual cost to belong to WisWARN; ? There is no commitment or obligation to respond to any request for assistance. No WisWARN member is ever required to respond to a disaster; ? WisWARN uses a single statewide agreement which establishes uniform administrative and operational procedures concerning: insurance, workers compensation, equipment rental rates, etc., and measures relating to actual response procedures in the field; ? Unlike many emergency response programs, WisWARN can be implemented locally without an “emergency declaration,” allowing it to be operational very quickly; ? WisWARN maintains local control of all response activities; ? WisWARN does not supersede other local government mutual aid agreements, in fact it compliments those agreements because it works within the NIMS system; ? It allows specialized operations such as water and wastewater utilities to be assisted by people with similar training, knowledge and experience; ? WisWARN can be used during non-emergencies to locate unusual repair parts or equipment or to obtain advice; ? It facilitates local training and preparation for natural and manmade disasters. The WisWARN concept has been endorsed by most of the state and national professional water associations. In addition, the Wisconsin Alliance of Cities, League of 2 Wisconsin Municipalities, the WDNR and other state agencies support WisWARN and its goal of a statewide utility-to-utility mutual aid program. cc: Eric Levitt, City Manager Jay Winzenz, Director of Administrative Services 3 Currently the following communities and sewerage districts have become members of WisWARN. Municipality Utilities Represented 1. City of East Troy Water and Wastewater 2. City of Elkhorn Water and Wastewater 3. City of Green Bay Water 4. City of Kenosha Water and Wastewater 5. City of Lake Geneva Water and Wastewater 6. City of Lodi Water and Wastewater 7. City of Madison Water 8. City of Milwaukee Water 9. City of Platteville Water and Wastewater 10. City of Stevens Point Water and Wastewater 11. City of Watertown Water and Wastewater 12. City of Wausau Water and Wastewater 13. Village of Plymouth Water and Wastewater 14. Village of Weston Water and Wastewater 15. Green Bay Metropolitan Sewerage District Wastewater 16. Madison Metropolitan Sewerage District Wastewater 17. Rib Mountain Metropolitan Sewerage District Wastewater A similar number of other municipalities are in the process of joining WisWARN. 4 CLERK-TREASURER MEMORANDUM March 13, 2009 TO: City Council FROM: Jean Ann Wulf, City Clerk-Treasurer SUBJECT: Introduction, Refer to the Alcohol License Advisory Committee, and Schedule a Public Hearing for a Proposed Ordinance Permitting the Lessee of the Janesville Ice Arena to Apply for and Hold a Class B Combined Fermented Malt Beverage and Intoxicating Liquor Alcohol Beverage License, with Penalties and Injunctive Relief of Violations Thereof as Set Forth in JGO 5.046.470 An ordinance has been drafted to allow the sale and consumption of alcohol at the Janesville Ice Arena. This item for consideration is in conjunction with the proposal the City received to lease the Ice Arena to the Wisconsin Hockey Partners, LLC facility. The proposed ordinance was written to allow the Council flexibility in allowing this activity. The Council may amend the ordinance to allow only fermented malt beverages, to restrict hours of sale and consumption, and to restrict areas of sale and consumption. If the Council approves the lease (previous agenda item), then the Clerk-Treasurer’s Office recommends that this ordinance be introduced, referred to the Alcohol License Advisory Committee for recommendation, and scheduled for public hearing on April 13, 2009. If the Council rejects the lease, then the Clerk-Treasurer’s Office recommends that this ordinance not be introduced. cc: Eric Levitt, City Manager Jay Winzenz, Director of Administrative Services Wald Klimczyk, City Attorney ORDINANCE NO. 2009-432 An Ordinance Permitting the Lessee of the Janesville Ice Arena to Apply For and Hold a Class B Combined Fermented Malt Beverage and Intoxicating Liquor Alcohol Beverage License, with penalties and injunctive relief for violations thereof as set forth in JGO 5.06.470. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. The Introductory Table of Contents to Chapter 5.06 is hereby amended to include newly created Section 5.06.231 of the Code of General Ordinances of the City of Janesville: “5.06.231 Sale, possession and consumption of beer, FMB wine coolers, wines, champagnes, and intoxicating liquor permitted in certain areas of the Janesville Ice Arena.” SECTION II. Section 5.06.231 of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: 5.06.231 Sale, possession and consumption of beer, FMB wine coolers, wines and “ champagnes, and intoxicating liquor permitted in certain areas of Janesville Ice Arena. A. Anything to the contrary elsewhere in the Code of General Ordinances of the City of Janesville (“City”) notwithstanding, the transport to, storage, possession, sale, distribution, provision, use, and consumption of fermented malt beverages, fermented malt beverage based wine coolers, wines, champagnes, and intoxicating liquor alcohol beverages, as defined in Chapter 125 of the Wisconsin Statutes as from time to time amended and/or as defined and/or interpreted by the Wisconsin Department of Revenue (“Alcohol Beverages”) are permitted at the Janesville Ice Arena but only in “designated areas” and only in strict accord with the provisions of this ordinance and the Lease between the City and the Lessee of the Janesville Ice Arena (“Lessee”). B. “Designated areas” shall be these specific geographic areas established and permitted by the Common Council of the City. Designated areas shall constitute the “alcohol licensed premises.” C . The storage, possession, use, sale, and consumption of Alcohol Beverages shall only be permitted, stored, possessed, used, and/or consumed within a designated area. D . In no event shall a designated area include any area outside of the leased premises unless the Common Council of the City expressly so permits. E . Only the City or the Lessee may transport to, store, possess, sell, distribute, provide, use, or allow the consumption of Alcohol Beverages at Janesville Ice Arena, and then only in designated areas. F . No person shall carry on, possess, transport, store, sell, use, or consume any Alcohol Beverages at the Janesville Ice Arena contrary to any provision of this ordinance, any other ordinance or statute governing alcohol, or any provision of the Lease Agreement. G . No person may take, possess, or consume any Alcohol Beverages outside of the Janesville Ice Arena or outside any designated area(s). H . The storage, sale, possession, use, and consumption of Alcohol Beverages at the Janesville Ice Arena shall only be permitted in strict accord with the requirements, terms, conditions, restrictions, permitting, fee payment, and regulations set forth in this ordinance, and provisions set forth in the Lease Agreement between the City and the Lessee (“Lease”). I . In the event of any conflict between any provision of this ordinance and any set forth in the Lease, or between those and any Lessee promulgated restriction, term, requirement, rule or regulation, the more restrictive provision shall govern. 1 J . The Lessee may not modify, waive, amend, or fail to enforce any provision of this ordinance or provisions concerning Alcohol Beverages set forth in the Lease. K . The City may sell Alcohol Beverages at the Janesville Ice Arena at any time unless the City agrees otherwise during a Lease with a Lessee. L . The Lessee may transport to, carry upon, possess, store, sell, distribute, dispense, and allow the consumption of Alcohol Beverages at the Janesville Ice Arena but only in strict accord with each and every of the following conditions: (1) the Lessee applied for, paid the fee for, was granted, issued, and holds a valid Class B combined fermented malt beverage and intoxicating liquor alcohol beverage license from the City for the Janesville Ice Arena; and (2) the Lessee enters into a Lease with the City approved by the Common Council; and (3) the Lessee complies and abides with all applicable provisions of law; and (3) the Lessee complies and abides with all provisions set forth in the Lease. M. The Lessee shall NOT transfer to any other person or place any fermented malt beverage or intoxicating liquor alcohol beverage license granted by the City. N . The Lessee shall NOT directly or indirectly contract with or permit any independent contractor(s) or other person(s) to conduct or engage in any alcohol sales or other alcohol activities anywhere at the Janesville Ice Arena, or operate or engage in the Alcohol Beverage sales upon the licensed premises, either on behalf of the Lessee or for the direct or indirect benefit or behalf of such contractee(s), independent contractor(s), or person(s). Only the Lessee may be the alcohol licensee and only employees of the Lessee may sell, dispense, or provide permitted Alcohol Beverages upon the licensed premises or anywhere at the Janesville Ice Arena, and only in strict accord with all alcohol and other state laws and City ordinances. O. Only employees of the Lessee may conduct alcohol activities at the Janesville Ice Arena and then only in designated areas. The Lessee shall always have at least one City licensed alcohol beverage operator (“Bartender”) on duty at all times alcohol activities occur. P . Only those persons of lawful alcohol drinking age may purchase, be provided, possess, use, or consume Alcohol Beverages at the Janesville Ice Arena. Q. Persons who have not attained the Wisconsin lawful alcohol beverage drinking age NOT (“Underage Persons”) shall be provided, purchase, possess, use, or consume Alcohol even if Beverages at the Janesville Ice Arena accompanied by or granted permission by such Underage Person’s accompanying parent or guardian. R . The Lessee shall at all times place, maintain, and empty not less than ten (10) adequate size trash and recycling containers inside the “designated areas.” S . No person shall litter or leave behind, and the Lessee shall prohibit persons from littering or leaving behind any empty, full, or partially full Alcohol Beverage Container(s) in the “designated area” or elsewhere inside or outside upon the grounds of the Janesville Ice Arena, except that which is placed in City or Lessee trash and/or recycling containers placed at or near the “designated area” for that purpose. T. In the event that City personnel find litter or Alcohol Beverage containers left behind after an event, the City shall remove the items and charge the full cost of said removal and clean-up to the Lessee. The Lessee shall timely pay that charge to the City Clerk-Treasurer. Failure to pay said charge shall constitute a material breach of the Lease Agreement. U . The Common Council of the City hereby expressly and forever reserve unto themselves all rights, privileges, and prerogatives to amend, condition, modify, and otherwise limit, at any time, any alcohol beverage license or permit granted or issued by the City to the Lessee, but only after public hearing and public action thereon in open session, the public peace, health, safety, welfare, and good so requiring.” 2 SECTION III. The Introductory Table of Contents to Chapter 5.06 is hereby amended to include newly created Section 12.60.122 of the Code of General Ordinances of the City of Janesville: “12.60.122 Sale, possession and consumption of beer, FMB wine coolers, wines, champagnes, and intoxicating liquor permitted in certain areas of the Janesville Ice Arena.” SECTION IV. Section 12.60.122 of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: 12.60.122 Sale, possession and consumption of beer, FMB wine coolers, wines and “ champagnes, and intoxicating liquor permitted in certain areas of Janesville Ice Arena. A. Anything to the contrary elsewhere in the Code of General Ordinances of the City of Janesville (“City”) notwithstanding, the transport to, storage, possession, sale, distribution, provision, use, and consumption of fermented malt beverages, fermented malt beverage based wine coolers, wines, champagnes, and intoxicating liquor alcohol beverages, as defined in Chapter 125 of the Wisconsin Statutes as from time to time amended, and/or as defined, and/or interpreted by the Wisconsin Department of Revenue (“Alcohol Beverages”) are permitted at and upon the Janesville Ice Arena but only: 1. In “designated areas;” and 2. In strict accord with the provisions of this ordinance; and 3. In strict accord with the provisions, terms, and conditions set forth in the Lease between the City and the Lessee of the Janesville Ice Arena (“Lessee”); and 4. In strict accord with the provisions set forth in Janesville General Ordinance 5.06.231, as from time to time amended or renumbered; and 5. In strict accord with other Janesville alcohol ordinances and state alcohol laws.” SECTION V. This ordinance shall take effect the day after publication. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Eric J. Levitt, City Manager Loasching McDonald ATTEST: Rashkin Steeber Truman Jean Ann Wulf, City Clerk-Treasurer Voskuil APPROVED AS TO FORM: City Attorney Proposed by: Council Members Steeber and Rashkin Prepared by: City Attorney Wald Klimczyk J:\Attorney\Word\Shared\Alcohol Ice Arena Enabling Ordinance.doc 3