Full Agenda Packet
CITY OF JANESVILLE
CITY COUNCIL MEETING AGENDA
MONDAY, April 13, 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 23, 2009.
4. Licenses; and Recommendations of the Alcohol License Advisory
Committee. (Refer to separate agenda.) “C”
5. Special recognition: Action on a proposed resolution in commendation of
Amy M. Loasching’s service to the City of Janesville.
Res. No. 2009-595)
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.
3. Second reading and public hearing on 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)
-----------------------
“C” – This designation indicates an item that the City Council will take up
under a Consent Agenda.
City Council Agenda – April 13, 2009
Page 2
NEW BUSINESS
1. Discuss poverty issues in our community.
2. Action on a proposed resolution authorizing the City Manager to execute a
concession contract with American Legion Baseball of Janesville, Wisconsin
to operate a concession stand at Veterans Field, Riverside Park.
(File Res. No. 2009-594)
3. Action on a proposed resolution authorizing the City Manager to execute a
lease with Janesville Youth Baseball, Inc. for the operations of the batting
cages. (File Res. No. 2009-593)
4. Authorization for the City Manager to apply for grants through the COPS
Hiring Recovery Program (CHRP) and the Edward Byrne Memorial Justice
Assistance Grant (JAG).
5. Action on a proposed intergovernmental agreement between the City of
Janesville and Rock County related to law enforcement services at the
University of Wisconsin-Rock County Campus and the distribution of
payment for Municipal Services (PMS) Program funding.
6. Award of Contracts C2009-7 (Washington/Memorial Street reconstruction),
C2009-8 (manhole reconstruction), and C2009-9 (landfill scale replacement)
for Public Works Bid Schedule “C” - 2009.
7. Action on a proposed resolution approving a Tax Increment Finance
development agreement with HSI Aviation Holding, LLC Helicopter
Inspection and Customizing facility located in TIF No. 34.
(File Res. No. 2009-591)
8. Action on City Council confirmation of City Manager’s proposal to
consolidate positions for budget year 2009.
9. Committee appointments.
City Council Agenda – April 13, 2009
Page 3
NEW BUSINESS (CONTINUED)
10. Introduce and schedule a public hearing on a proposed ordinance
regulating the display of material harmful to minors within the City of
Janesville. File Ord. No. 2009-430)
11. Introduce, refer to Plan Commission and schedule a public hearing on a
proposed ordinance rezoning a small portion of Southern Wisconsin
Regional Airport property from Agriculture to M1, Light Industrial; and the
area encompassing the Glen Erin Golf Course located west of USH 51 from
M1, Light Industrial, and Agriculture to Conservancy.
(File Ord. No. 2009-434)
12. Matters not on the Agenda – schedule time for City Council special meeting
(organizational) on April 21.
13. Consideration of a motion to convene into closed session, pursuant to Wis.
Stats. §19.85(1)(e), for the purpose of deliberating or negotiating the
purchasing of public properties, the investing of public funds, or conducting
other specified public business, whenever competitive or bargaining reasons
require a closed session; specifically for setting the negotiating and
bargaining terms, conditions, and provisions for various redevelopment
alternatives for the GM property: and pursuant to Wis. Stats. Section
19.85(1)(g) for the purpose of deliberating, potentially taking action on, and
conferring with legal counsel concerning litigation in which the City is
involved, specifically Janesville v. K. Andreah Briarmoon, Rock County Case
No. 2008FO3264 for the property located at 332 South Academy Street.
PROCEEDINGS OF THE CITY COUNCIL
CITY OF JANESVILLE, WISCONSIN
REGULAR MEETING
MARCH 23, 2009
VOL. 59
NO. 48
Regular meeting of the City Council of the City of Janesville held in the Municipal Building
on March 23, 2009. The meeting was called to order by Council Vice President Truman at
7:00 PM. Council Vice President Truman led the Council in the Pledge of Allegiance.
Present: Council Vice President Truman, Councilmembers McDonald, Rashkin, Steeber,
and Voskuil. Absent: Council President Loasching and Councilmember Brunner.
CONSENT AGENDA
Minutes of the regular meeting of March 9, 2009.
Minutes of the closed session of March 9, 2009.
Minutes of the special meeting of March 16, 2009.
Licenses and Recommendations of the Alcohol License Advisory Committee.
Waiver of special assessment procedures for sanitary sewer, water main, curb and gutter,
and paving charges for 0133300008-Robert Martin.
Financial statements for the months of January and February 2009.
Authorize submission of WDNR Municipal Separate Storm Sewer System Permit – annual
report to the Wisconsin Department of Natural Resources.
Council Vice President Truman stated that all items on the consent agenda would be
approved if there were no objections. There were none.
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. Dennis Heimark, 2533 Wesley Ave., Julie Backenkeller, 719 N. Grant St.,
Julie Kaveggia, 2952 Dartmouth Dr., Frank Perrotto, 2665 Cross Prairie Dr., and Billy
McCoy, 1326 Putnam Ave., all spoke against lease to Wisconsin Hockey Partners, LLC
(WHP) (New Business #5); Michael Hammett, 306 N. Walnut St., Dawn Sitter, 2730
Dartmouth Dr., Amy Agerter, 4468 N. River Rd., and Margery Tibbetts, 65 S. Blackhawk
St., spoke in favor of lease to WHP (Old Business #5). Kelley Kaiser, 2307 Plymouth Ave.,
spoke in favor of the WHP lease but is in opposition to certain aspects of the lease.
2. Requests and comments from the public on matters which can be affected by Council
action. Richard Frank, 1119 Elida St., asked Council to spend money only on budgeted
items; Billy McCoy, 1326 Putnam Ave., stated Council needs to set spending priorities and
retain their own attorney. Rob Redman, owner of Kellogg Apartments, requested his 2008
assessment be reviewed. Councilmember Steeber requested the City Administration work
with Mr. Redman and report back to by Council April 13, 2009.
3. A proposed ordinance rezoning property within the 4700 block of Milton Avenue from
Agriculture to B2, Community Shopping District and Conservancy received its continued
public hearing and Council action. No one spoke. The public hearing was closed.
Councilmember McDonald moved to table said resolution until developer can move
forward, seconded by Councilmember Steeber and passed unanimously. (File Res. 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) for Public
Works Bid Schedule “B”-2009. Councilmember Steeber moved to approve said contracts
as follows:
Contract 2009-4 R&K Sons Construction, LLC $30,431.25
Contract 2009-5 Bjoin Limestone, Inc. $35,254.75
Contract 2009-6 J.W. Schultz Construction, Inc. $97,691.11
The motion was seconded by Councilmember Rashkin and passed unanimously.
5. Action on a proposed resolution authorizing the City Manager to execute a use
agreement with the Wisconsin Hockey Partners, LLC (WHP) and provide funding for Ice
Center modifications up to $200,000. Councilmember Rashkin moved to adopt said
resolution, seconded by Councilmember Voskuil. Councilmember Voskuil offered a
friendly amendment to include direction to the City Manager to negotiate gross profit
percentage with WHP. The friendly amendment was accepted by the maker. The motion,
as amended, passed by the following vote: Aye: Councilmembers McDonald, Rashkin,
Steeber, and Voskuil. Nay: Council Vice President Truman. (File Res. No. 2009-569)
NEW BUSINESS
1. Action on a request to waive the special event fees for the 2009 Farmers Market.
Councilmember Steeber moved to adopt said request, seconded by Councilmember
Voskuil and passed unanimously.
2. Action on a proposed resolution directing Kennedy Homes to install sidewalks at the
Ridges of Rock County. Councilmember Steeber moved to adopt said resolution,
seconded by Councilmember Rashkin and passed unanimously. (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.
Councilmember Rashkin moved to adopt said resolution, seconded by Councilmember
Steeber and passed unanimously. (File Res. No. 2009-589)
4. Action on a proposed resolution authorizing City participation in the WisWARN Mutual
Aid and Assistance Program. Councilmember Steeber moved to adopt said resolution,
seconded by Councilmember Voskuil and passed unanimously. (File Res. No. 2009-582)
5. 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 was introduced, referred to the Alcohol License Advisory Committee, and
scheduled for a public hearing on April 13, 2009. (File Ord. No. 2009-432)
6. Matters not on the agenda. Councilmember McDonald stated the Council has a duty to
review and question all City contracts and documents. Councilmember Rashkin stated that
the Administration should negotiate contracts based on Council direction. Council Vice
President Truman requested City Administration assign staff to pick up trash in the
neighborhood around Wal-Mart and stated the WHP contract (New Business #5) is not fair
to the taxpayers. Councilmember Steeber stated Rock County Jail inmates could be used
to clean up around Wal-Mart. Councilmember Voskuil requested City Administration
investigate the health, safety, and environmental impact of the freon leak at the Ice Center.
7. Councilmember Steeber moved to adjourn, seconded by Councilmember McDonald and
passed unanimously.
There being no further business, Council adjourned at 9:21 PM.
These minutes are not official until approved by the City Council.
David T. Godek
Deputy Clerk-Treasurer
JANESVILLE CITY COUNCIL
LICENSE AGENDA
APRIL 13, 2009
RECOMMENDED
A. ORIGINAL CLASS B INTOXICATING LIQUOR AND FERMENTED MALT LICENSE
JACKALOPE, LLC D/B/A ALL AROUND CORRAL
John H DeValk 18-22-24 South River Street
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CITY MANAGER’S MEMORANDUM
April 1, 2009
TO: City Council
FROM: Eric J. Levitt, City Manager
SUBJECT: Special Recognition – Councilmember Amy M. Loasching
At the conclusion of the Council meeting on April 13, Council President Amy Loasching
will complete her term as a member of the City Council of the City of Janesville.
Accordingly, the following file resolution has been prepared in recognition of her loyal and
conscientious service to the City of Janesville.
The Administration recommends the adoption of file resolution no. 2009-595. Thank you.
Attachment
RESOLUTION NO. 2009-595
A resolution recognizing Amy M. Loasching for her loyal and conscientious service to the City
of Janesville as a City Councilmember.
WHEREAS, Amy M. Loasching has served the City of Janesville from 2007 to 2009 as a
Member of the City Council; and
WHEREAS, Ms. Loasching served as Council President in 2008 and as Council Vice
President in 2007; and
WHEREAS, during her term of office, Ms. Loasching has served as a member of various
boards, committees, and commissions in the City; and
WHEREAS, Ms. Loasching’s deep concern for the community, its citizens and their welfare
has characterized her tenure in office throughout; and
WHEREAS, Ms. Loasching has always performed the duties of a member of the City Council
with an exemplary level of dedication, honesty, and integrity;
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Janesville
presents this commendation to Amy M. Loasching in sincere appreciation for her loyal and
conscientious service to the City of Janesville.
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 Manager’s Office
Prepared by: City Manager’s Office
CLERK-TREASURER MEMORANDUM
April 7, 2009
TO: City Council
FROM: Jean Ann Wulf, City Clerk-Treasurer
SUBJECT: Second Reading and Public Hearing of a Proposed Ordinance Permitting
the Lessee of the Janesville Ice Arena to Apply for and Hold a Class B
Fermented Malt Beverage (FMB) and Intoxicating Liquor License (File
Ord. No. 2009-432)
Alcohol License Advisory Committee (ALAC) Recommendation
The ALAC met on April 7, 2009 to review the proposed ordinance that would permit the
lessee of the Janesville Ice Arena to apply for and hold a Class B FMB and Intoxicating
Liquor License. They have forwarded a positive recommendation of the proposed
ordinance conditioned upon making two amendments to the ordinance. The first
amendment would limit the type of alcohol to wine and fermented malt beverage. The
second amendment would be to allow the sale and consumption of alcohol during
Junior A hockey events only. In addition, the Committee Chair questioned whether the
City had the authority to limit consumption to persons of lawful alcohol drinking age
only. The City Attorney has stated that the City has the authority to limit who may
purchase and consume alcohol on City owned property.
City Manager Recommendation
The City Manager defers to the Alcohol License Advisory Committee recommendation.
If the City Council approves a license, I recommend that it be limited to a Class B
Fermented Malt Beverage license.
Suggested Motion
“I move to adopt ordinance 2009-432 permitting the Lessee of the Janesville Ice Arena
to apply for and hold a Class B FMB and Intoxicating Liquor License.” This will get the
main motion on the floor and the City Council may make one or more amendment(s) as
they deem necessary. If the City Council concurs with the ALAC recommendation then
the following amendment should be made. “I move to amend the motion by limiting the
type of alcohol sold and consumed to fermented malt beverages and wine and allowing
the sale and consumption of alcohol during Junior A hockey events only.”
Request
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.
Background
On March 23, 2008, the City Council approved an agreement with WHP to utilize the
Janesville Ice Arena as their team home rink. Currently, alcoholic beverages are not
allowed at the Janesville Ice Arena. However, the agreement allows alcohol sales only
if the City Council amends our existing ordinances and grants an alcohol license. If the
City Council does not grant an alcohol license to WHP then WHP has the right to
terminate their agreement with the City. WHP plans on serving fermented malt
beverages at the Ice Arena.
Analysis of the Ordinance
The proposed ordinance was written to allow the sale and consumption of alcohol and
to provide the maximum flexibility to the City Council. The ordinance allows the sale,
possession and consumption of beer, FMB wine coolers, wines and champagnes, and
intoxicating liquor. It permits this activity only in the designated areas approved by the
City Council. Customers who are of legal age may purchase and consume alcoholic
beverages. Customers who are not of legal age may not purchase nor consume any
alcoholic beverages.
Pros:
?
Encourages a Junior A hockey team to locate in Janesville.
?
The City estimates that the property tax levy would be reduced by
$15,000-$20,000 if a Junior Hockey team located in Janesville.
?
WHP may be more profitable and successful with alcohol sales.
?
Generates more revenue for local hotels, restaurants, and stores.
Cons:
?
WHP may terminate the agreement if they do not receive an alcohol license.
?
Citizens have expressed their opposition to allow alcohol at the Ice Arena at
various City Council meetings.
?
It may be perceived that the City is promoting alcohol at athletic events.
?
May promote similar requests to serve alcohol on City property (i.e. Dawson
Fields).
?
The ordinance allows for a full Class B FMB and Intoxicating Liquor License,
when WHP stated that they were interested in fermented malt beverages only.
The ordinance was written to provide the maximum flexibility to the City Council. The
City Council may adopt the ordinance as written, make amendments, or deny the
ordinance.
cc: Eric Levitt, City Manager
Jay Winzenz, Director of Administrative Services
Acting Police Chief Dave Moore
Deputy Police Chief Steve Kopp
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
(4) 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
LEISURE SERVICES DEPARTMENT MEMORANDUM
April 1, 2009
TO: City Council
FROM: Rebecca Smith, Management Assistant
SUBJECT: Action on a Proposed Resolution Authorizing the City Manager to Execute
a Concession Contract with American Legion Baseball of Janesville, WI to
Operate a Concession stand at Veterans Field, Riverside Park (File
Resolution #2009-594)
Summary
The City has a long-standing concession contract with the Legion and the American
Legion Baseball of Janesville, WI requests the City renew their concession contract.
Recommendation
Staff recommends the Council adopt File Resolution #2009-594 authorizing the City
Manager to execute a concession contract with American Legion Baseball of Janesville,
WI to operate a concession stand at Veterans Field in Riverside Park.
City Manager Recommendation
The City Manager concurs with the staff recommendation.
Suggested Motion
I move to approve File Resolution #2009-594 authorizing the City Manager to execute a
concession contract with American Legion Baseball of Janesville, WI to operate a
concession stand at Veterans Field in Riverside Park.
Background
The origin of American Legion baseball at Riverside Park goes back to at least the
1960s and they have a tradition of providing quality baseball services to the community.
The partnership between the City and the Legion has been strong over the years. In
1990, the Legion replaced two frequently flooded subsurface baseball dugouts with new
dugouts at a cost of $10,000. From 1991 to 1996, they provided $15,000 towards the
construction of a $70,000 multi-purpose building to be placed behind home plate at
Veteran’s Field, referred to commonly as the “American Legion Baseball Multi-Purpose
Building”. For their contributions to the building’s construction, the Legion was given
first-floor concession stand space and the second floor scorekeeper’s area.
Contract Terms
The concession contract would be valid until 2013. The Legion would provide
concession services during all games, leagues, or tournaments scheduled by the
1
Recreation Division; all Senior and Junior American Legion games ; all Janesville
School District high school games; and Janesville Aces baseball games.
In lieu of rental payment, the Legion agrees to make annual improvements to Veteran’s
Field with an associated value of $1,000 or greater. If they do not make any
improvements, they are invoiced $500. Examples of past donations include soil for the
infield and various improvements to the multi-purpose building.
The attached letter of understanding also requires them to hold at least one volunteer
work day each year. Past activities undertaken during their work day include painting
the multi-purpose building or laying new sod.
Analysis
The Legion has a history of providing dependable, quality concession services during
games at Veterans Field and their annual improvements and work days have been
beneficial to Riverside Park as a whole. This contract also provides the Legion the
opportunity to raise funds for the implementation of their baseball league. Staff believes
the American Legion is a good fit for this concession contract.
cc: Jacob J. Winzenz
2
Resolution # 2009-594
A Resolution Authorizing the City Manager to Execute a Concession Contract with
American Legion Baseball of Janesville, WI to Operate a Concession stand at Veterans
Field, Riverside Park
WHEREAS, the City of Janesville owns Veterans Field at Riverside Park located at 2900
Parkside Drive, and
WHEREAS, Veterans Field includes a multi-purpose building behind home plate, and
WHEREAS, American Legion Baseball of Janesville, WI, a non-profit organization, is
interested in executing a lease with the City of Janesville for the operations of a concession
stand in the lower level of the multi-purpose building, and
WHEREAS, such lease contract, terms and conditions are permitted by law and the
Common Council is empowered to enter into such lease contract, pursuant to section 62.11(5)
and 62.22, Wisconsin Statutes, and
WHEREAS, it is in the best interest of the City of Janesville, the community and
surrounding area to execute and enter into a lease with American Legion Baseball of Janesville,
WI for concession services at Veterans Field,
NOW THEREFORE BE IT RESOLVED by the Common Council of the City of Janesville
that it hereby authorizes the City Manager or his representative to execute and enter into, on
behalf of the City of Janesville, a concession contract to operate a concession stand in the multi-
purpose building at Veterans Field in Riverside Park, Janesville, Wisconsin,
BE IT FURTHER RESOLVED by the Common Council that the City Manager or his
representative is hereby authorized to negotiate, renew, extend, and execute such documents,
papers, agreements, and forms, to take whatever other actions, and to make whatever minor
changes to the lease contract and such documents, papers, agreements, and forms as the City
Manager or his representative may, from time to time, find necessary, desirable and/or
beneficial to effectuate the lease contract and/or the intent of this resolution on the City’s behalf.
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: Leisure Services
Prepared by: Management Assistant
LEISURE SERVICES DEPARTMENT MEMORANDUM
April 1, 2009
TO: City Council
FROM: Rebecca Smith, Management Assistant
SUBJECT: Action on a Proposed Resolution Authorizing the City Manager to
Execute a Lease with Janesville Youth Baseball, Inc. for the
Operations of the Batting Cages (File Resolution #2009-593)
Summary
In 2008 the City of Janesville acquired the property located at 937 S. Jackson
Street. This property was previously the home of Swinger’s batting cages and
the acquisition included the batting facilities. Following the acquisition the City
entered into a one-year lease with Janesville Youth Baseball to operate the
batting cages. The purpose of this memo is to provide an update on the financial
impact of the lease with Janesville Youth Baseball for 2008 and review leasing
options for 2009. Staff recommends the Council adopt File Resolution #2009-593
to continue batting cage services by JYB at 937 S. Jackson Street.
Request
Janesville Youth Baseball, Inc. (JYB) requests the City renew their batting cage
lease for 2009.
Recommendation
Staff recommends the City Council adopt File Resolution #2009-593 to authorize
the City Manager to execute an operating lease with Janesville Youth Baseball,
Inc. for the batting cage facility at 937 S. Jackson Street.
Suggested Motion
I move the Council approve File Resolution #2009-593 to authorize the City
Manager to execute an operating lease with Janesville Youth Baseball, Inc. for
the batting cage facility at 937 S. Jackson Street.
City Manager Recommendation
The City Manager concurs that option #2 would be the safest option for the City.
If option #2 is not chosen, I would recommend option #3.
Background
In April 2008, the City purchased a batting cage facility located at 937 S. Jackson
Street (previously referred to as “Swinger’s”). The original plan for this acquisition
was to hold it as public open space or future redevelopment of the South
Jackson Street corridor. This facility also included a two-sided LAMAR billboard
that was expected to bring in $1,400 annually in revenue to the City with
LAMAR’s month-to month lease. However, in November 2008, LAMAR chose to
remove the sign, thereby eliminating this stream of revenue to the City.
Following the acquisition, the City entered into a lease agreement with Janesville
Youth Baseball for the operation of the batting cage facility. The purpose of this
partnership was to provide an outlet for batting cages services in the City, while
allowing JYB to generate revenue for their Youth Sports Complex expansion and
the City to offset its annual expenses for the property.
This facility has space for seven batting cage machines; however, only six were
in service in 2008. The seventh machine was not repairable and staff chose not
to purchase a new machine due to its approximate expense of $3,000.
This lease was a one-year trial to determine whether the arrangement would be
financially feasible. The lease required the City to be responsible for mowing the
grass, utility expenses and property insurance. The City was also responsible for
fixing major mechanical breakdowns of the pitching equipment. JYB was
responsible for daily site clean-up, repairing small mechanical breakdowns of the
pitching equipment, staffing the facility with volunteers/employees, collecting fees
and liability and workers compensation insurance. JYB was also required to pay
the City 10% of gross revenue. During the course of their lease, JYB also
installed a new floor, windows, painted the exterior of the building and
constructed a new ramp and deck.
Financial Impact
When the lease was signed, Leisure Services staff estimated the City’s annual
maintenance costs with JYB using the facility to be $3,000 per year ($1,500 for
maintenance, $1,200 for utilities, $100 for supplies and $200 for property
insurance). Staff estimated receiving $2,000 in revenue from JYB and $1,400
from LAMAR for the billboard space; therefore, staff expected to offset the City’s
costs and net $400 in revenue under the lease agreement.
With the 2008 season over, the financial impact of the lease is known. The City’s
expenses in 2008 were $5,283.71 or $2,283.71 more than estimated. Costs
incurred during 2008 are depicted in Table 1 below. An insurance payment for
the property was not required until 2009 and the mowing expenses were paid
using Parks Division funds. As staff reviewed the 2008 invoices, $1,330 for
supplies was charged to the youth sports complex instead of the batting cages
and this cost has been included as an expense in the calculations below.
Revenue received in 2008 totaled $2,354 or $1,046 less than estimated.
Revenue for 2008 is depicted in Table 2 below.
2
Table 1: 2008 Expenses
Utilities$ 826.59
Supplies10.68
Equipment Maintenance1504.50
Staff time for Equipment
Maintenance
40.84
Water Pipe/Toilet/Sump Pump
Installation & Equipment
1571.10
Total $ 3,953.71
Batting Cage supplies charged to a
different account
$ 1,330.00
Total Expenses$ 5,283.71
Table 2: 2008 Revenue
10% of gross JYB revenue$ 1,571.25
LAMAR billboard $ 682.75
Miscellaneous$ 100.00
Total Revenue$ 2,354.00
Total Profit/(Loss)$ (2,929.71)
Overall, the City lost $2,929.71 through this lease agreement. When the Clerk-
Treasurer’s Office was closing fiscal year 2008, they assigned the negative
balance to the general fund, as there were funds available to cover the
expenses.
There were several events in 2008 that contributed to the loss. First, there were
several broken water pipes that needed replacing. A new sump pump was
necessary and a broken toilet required replacing. These events incurred about
$1,500 in costs. Second, there were costs associated with fixing the batting cage
equipment. These machines are older and annual expenses to repair them are
expected. There were times when two or three batting cage machines were
unavailable due to mechanical failures, which may have provided less
opportunity for JYB to garner revenue.
Before JYB could begin their operation, construction and repairs were needed
which delayed the start of their batting cage season until June. Additionally,
LAMAR chose to remove their billboard from the property in November 2008,
thus this revenue stream is no longer available to the city.
2009 Lease Options
JYB would like to renew their lease for the 2009 season. Their gross revenue in
2008 from operating the batting cages was $15,712.45 and they found the
3
experience to be productive and profitable. They would like to begin their season
in mid-April and expect to earn $19,640.56 in 2009 (a 25% increase in
comparison to 2008).
Initially, JYB desired the same terms and conditions as 2008. When staff
performed analysis to understand the fiscal impact of the lease under this
scenario, a loss of about $4,200 was calculated (Option #1 below). When staff
shared concerns with JYB about executing a lease that is projecting a loss at this
amount, JYB became amenable to other options to make the terms more
favorable to the City’s general fund budget.
Each option below requires the City to pay insurance, mow and pick up trash.
Staff also included a repairs contingency in each scenario given the age of facility
and its repair history. Because the City owns this property, these costs would be
required whether a lease was executed or not. Utilities, supplies and equipment
maintenance are the items that drive the lease costs and their responsibility lies
with different parties in the options below. Table 3 on page 6 outlines each
option.
Option #1 City Responsibility
This option would have same terms as the 2008 lease and a loss of about $4,200
is expected. City responsibilities include utilities, insurance, supplies, equipment
maintenance, staff time and a repairs contingency. The 2009 supplies budget is
estimated at $1,500 to better reflect costs. Also included is $1,500 for repairs to
the batting cage equipment, which is in line with 2008 experiences. JYB would
pay the City 10% of annual gross revenue, the same percentage as 2008.
Option 1: City Responsibility
Projected 2009 Expenses
Utilities$ 2,026
Insurance50
Supplies1500
Equipment Maintenance1500
Staff time100
Repairs Contingency1000
Expenses$ 6,176
Projected 2009 Revenue
10% of gross JYB revenue$ 1,964.06
LAMAR billboard $ -
Miscellaneous$ -
Total Revenue$ 1,964.06
Total Profit/(Loss)$ (4,211.94)
4
Pros:
1. Provides the City oversight in equipment maintenance repair and supply
purchases
2. Any future supplies purchased would be owned by the City
Cons:
1. Projected loss is highest under this scenario
Option #2 JYB Responsibility
Using this approach, the City would pay insurance, mow and pick up trash and a
loss of $1,150 is expected. JYB would be responsible for utilities, supplies and
equipment maintenance. JYB would not pay any percentage of annual gross
revenue, in comparison to 10% as was required in 2008.
Option 2: JYB Responsibility
Projected 2009 Expenses
Utilities$ -
Insurance50
Supplies0
Equipment Maintenance0
Staff time100
Repairs Contingency1000
Expenses$ 1,150
Projected 2009 Revenue
5% of gross JYB revenue$ -
LAMAR billboard $ -
Miscellaneous$ -
Total Revenue$ -
Total Profit/(Loss)$ (1,150.00)
Pros:
1. Projected loss is lowest in this scenario
2. If facility repairs are not needed, the City’s costs would be negligible
Cons:
1. Provides the City less oversight in equipment maintenance repair and
supply purchases
2. Any future supplies purchased would be owned by JYB, not the City
Option #3: Shared Responsibility
Under this approach, the City would pay utilities, insurance, mow and pick up
trash and a loss of about $2,200 is expected. JYB would be responsible for any
5
equipment maintenance and all supplies. JYB would pay the City 5% of annual
gross revenue, in comparison to 10% as was required in 2008.
Pros:
1. Is a “middle ground” for responsibility in comparison to Option 1 and 2
Cons:
1. Provides the City less oversight in equipment maintenance repair and
supply purchases
2. Any future supplies purchased would be owned by JYB, not the City
Option 3: Shared Responsibility
Projected 2009 Expenses
Utilities$ 2,026
Insurance50
Supplies0
Equipment Maintenance0
Staff time100
Repairs Contingency1000
Expenses$ 3,176
Projected 2009 Revenue
5% of gross JYB revenue$ 982.03
LAMAR billboard $ -
Miscellaneous$ -
Total Revenue$ 982.03
Total Profit/(Loss)$ (2,193.97)
The following table summarizes the leasing options:
Table 3: Overview of Options
Lease Component Responsible Party
Repair
Expected LossUtilitiesInsuranceSuppliesEquip. MntcStaff TimeContingency
Option #1$ 4,211.94CityCityCityCityCityCity
Option #2$ 1,150.00JYBCityJYBJYBCityCity
Option #3$ 2,193.97CityCityJYBJYBCityCity
Analysis
Leasing the batting cages to JYB in 2008 was a unique opportunity to support
this community group, while theoretically recouping our operating expenses. A
change in revenue opportunities with the loss of the LAMAR sign and several
facility and equipment repairs hampered the City’s ability to recoup expenses. To
be fiscally responsible, a change is needed for any future leases.
6
Each lease option has positive attributes, including providing batting cage
services to the public that would not otherwise be available; providing JYB an
additional opportunity to earn revenue for their expansion plans at the Youth
Sports Complex, thus benefitting the community at large; and furthering the City’s
partnership with JYB.
While there are merits for each option, staff recommends executing a lease
under Option #2. JYB would be responsible for utilities, supplies and equipment
maintenance and the City would not receive any percentage of their revenues.
The City would be responsible for insurance, mowing, trash pick-up and any
repairs to the facility. This option is recommended because it provides an
opportunity for JYB to continue their fundraising effort at the batting cages, while
minimizing the City’s exposure to expenses. The attached contract has been
developed using the components of Option #2.
Contract Terms
The contract would be for a one year lease and allow for a renewal each year
until April 2012. JYB would be required to have liability insurance and would
need to receive permission from staff prior to doing any improvements to the
facility.
The City would pay property insurance, mow and pick up trash. JYB would be
responsible for utilities, supplies and equipment maintenance. JYB would not pay
any percentage of annual gross revenue to the City.
Cc: Jay Winzenz, Administrative Services Director
7
Resolution # 2009-593
A Resolution Authorizing the City Manager to Execute a Lease
with Janesville Youth Baseball, Inc. to Operate the Batting Cages
at 937 S. Jackson Street
WHEREAS, the City of Janesville owns the property at 937 S. Jackson Street, Janesville,
otherwise known as the Batting Cages, and
WHEREAS, the batting cage property includes an outdoor batting cage facility with lights
and six pitching stations, a building used for facility operations and a parking lot, and
WHEREAS, Janesville Youth Baseball, Inc., a non-profit organization, is interested in
executing a lease with the City of Janesville for the operations the batting cages as a public
recreational facility for the City of Janesville, and
WHEREAS, such lease contract, terms and conditions are permitted by law and the
Common Council is empowered to enter into such lease contract, pursuant to section 62.11(5)
and 62.22, Wisconsin Statutes, and
WHEREAS, it is in the best interest of the City of Janesville, the community and
surrounding area to execute and enter into a lease with Janesville Youth baseball, Inc. for the
operations of the batting cages,
NOW THEREFORE BE IT RESOLVED by the Common Council of the City of Janesville
that it hereby authorizes the City Manager or his representative to execute and enter into, on
behalf of the City of Janesville, a lease contract to operate the batting cages at 937 S. Jackson
Street, Janesville, Wisconsin,
BE IT FURTHER RESOLVED by the Common Council that the City Manager or his
representative is hereby authorized to negotiate, renew, extend, and execute such documents,
papers, agreements, and forms, to take whatever other actions, and to make whatever minor
changes to the lease contract and such documents, papers, agreements, and forms as the City
Manager or his representative may, from time to time, find necessary, desirable and/or
beneficial to effectuate the lease contract and/or the intent of this resolution on the City’s behalf.
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: Leisure Services
Prepared by: Management Assistant
POLICE DEPARTMENT MEMORANDUM
March 30, 2009
TO: City Council
FROM: David Moore, Deputy Chief of Police
SUBJECT: Authorization for the City Manager to apply for grants through the
COPS Hiring Recovery Program (CHRP) and the Edward Byrne
Memorial Justice Assistance Grant (JAG)
Executive Summary
The police department is eligible to apply for two Recovery Act grants. The first
grant is the COPS Hiring Recovery Program (CHRP) and the second is the
Edward Byrne Memorial Justice Assistance Grant (JAG).
Staff Recommendation
The Interim Police Chief recommends applying for the COPS grant for two
additional sworn officers and applying for the JAG grant for the below listed
equipment. Both grants will reduce future financial burden to the City’s tax levy.
Proposed Motion
Move to authorize the City Manager to apply for grants through the COPS Hiring
Recovery Program (CHRP) and the Edward Byrne Memorial Justice Assistance
Grant (JAG)
City Manager Recommendation
I recommend applying for both the CHRP and JAG grants. The CHRP will offset
add two officers not currently funded in the budget. My anticipation is that if as a
City we expect to add two additional officers in the next 4 years, this approach is
the best fiscal approach. The JAG grant will offset funding that would have come
in the next Note issue request. This will upgrade equipment for the police
department without the necessity of utilizing borrowed funds.
Background
COPS Hiring Recovery Program
The COPS Hiring Recovery Program (CHRP) is a competitive grant program that
provides funding directly to law enforcement agencies for the hiring and rehiring
of additional law enforcement officers. The grant will provide 100 percent funding
for approved entry level salaries and benefits for 3 years (36 months) for newly-
hired, full-time sworn officer positions (including filling existing unfunded
vacancies) or for rehired officers who have been laid off, or are scheduled to be
laid off on a future date, as a result of local budget cuts. There is no local match
for the CHRP, however, the three year funding is based on an initial entry level
officer salary and benefits. At the conclusion of the three year grant the
1
additional positions must be maintained for at least 12 months. Funds must be
used to supplement (not replace) City funds that would have been dedicated
toward law enforcement if the funding was not awarded. The City can not reduce
funding that would have been dedicated toward sworn officer positions as a
result of receiving the COPS funding.
The deadline to apply for the COPS grant is April 14, 2009.
Edward Byrne Memorial Justice Assistance Grant
The Edward Byrne Memorial Justice Assistance Grant (JAG) is a formula grant
based upon population and crime statistics. The department is able to use grant
funds to purchase law enforcement equipment. The department must apply for
the JAG grant jointly with the Rock County Sheriff’s Department and the Beloit
Police Department. The Sheriff’s Department will be the administering agency
who will apply for the grant and will submit all required reports. The three
agencies need to agree on the individual allocations. The total grant available for
the three agencies is $296,049. Janesville’s agreed upon allocation is $110,599.
The deadline to apply for the JAG grant is May 18, 2009.
Analysis
COPS Hiring Recovery Program
The police department would like to add two additional sworn officer positions
through the COPS grant. This would bring the number of sworn officers from 104
to 106. Over the course of the three year grant the City cost for the two
th
additional officers will be $0. The City’s cost for the required 4 year to maintain
the two officers without funding will be $192,696.
The following chart details the grant amount and City share if awarded two officer
positions under the COPS grant. These figures take into account a 3% salary
increase each year, step increases at 18 months and 24 months, and 10%
increases each year for family health insurance.
COPS GRANT PROJECTION
Two Additional Officers
(Start Date 7/1/09)
Grant
Year 1Year 2Year 3Year 4
Total
7/09 - 6/107/10 - 6/117/11 - 6/127/12 - 6/13
$ 458,324
Total Salary/Benefits$ 126,960 $ 147,298 $ 184,066 $ 192,696
$ 458,324
Grant Amount$ 126,960 $ 147,298 $ 184,066 $ -
$ -
City Share$ -$ -$ -$ 192,696
Increasing the authorized sworn personnel from 104 to 106 will provide for two
additional officers assigned to the uniform patrol division. This increased staffing
level will allow the agency to more effectively engage in the following activities:
2
1. Directed Patrols: Officers or citizens frequently identify problem locations
which require the allocation of personnel. With additional staffing at the shift
level, officers can more frequently be assigned to address those problem
areas.
2. Traffic Enforcement: The police department regularly receives comments
from citizens regarding our level of traffic enforcement. We recognize those
concerns; however the levels of calls for service and other higher priority
issues often impact our ability to dedicate officers to proactive traffic
enforcement. The additional personnel provided by this grant should allow for
additional traffic enforcement efforts.
3. Community Policing/Problem-Solving Efforts: The police department
embraces the concept of community policing, with an emphasis on problem-
solving. Calls for service can be reduced when the root causes of those calls
can be identified and addressed. Increased staffing allows for more time and
more personnel to engage in community problem-solving efforts.
4. Address Increasing Calls for Service: The city has experienced three
successive years of increased police activities. In the past those increases
have been attributed largely to community growth. While growth is now likely
to stabilize, the economic pressures facing the community may lead to
increased police activity.
5. Special Shifts: In 2008, the police department experimented with a power
shift, which provided additional officers during peak times on higher-activity
days of the week. Additional officers may offer the opportunity to expand on
this program, and possibly explore the formation of a traffic unit to focus on
traffic law enforcement and crash investigation.
6. Impact on Overtime: Two additional patrol officers may marginally reduce the
annual overtime costs. Some overtime is created by maintaining certain
staffing levels, so an additional two officers on patrol shifts should reduce that
category of overtime.
For the last several years the department has needed to leave two officer
positions vacant to assure that the overall department budget was not exceeded.
The department will continue to use two vacant officer positions to fund
necessary overtime and other department needs.
Edward Byrne Memorial Justice Assistance Grant
The police department has received JAG grant funding in previous years. The
current requirements are the same as in previous years. The grants have been
used to purchase police bicycles, less lethal weapons, SWAT rifles, squad
equipment, digital recorders, and interview room recording equipment. The
department received $20,000 in 2005, $12,000 in 2006, and $24,000 in 2007.
3
The department was not eligible for funds in 2008. There is no cash match for
the JAG grant program.
The department has identified the following objectives for equipment to purchase
with the 2009 JAG grant funds:
1. Improve officer safety and response to calls for service by purchasing new
handguns for all officers, new rifles for patrol squad cars and new rifles for
SWAT Team members.
?
The current inventory of duty handguns is aging and in need of
replacement. 81% of the department’s handguns are more than 15 years
old. The condition of the department’s firearms inventory is such that it is
an officer safety concern as many handguns are failing to fire during
training sessions. The department will purchase 120 handguns along with
116 holsters. An additional 19 handgun lights and 38 holsters will also be
purchased for the SWAT team members.
?
The department is in the process of switching our long gun inventory from
police shotgun to patrol rifle. Patrol rifles are more effective than shotguns
at greater distance and are more accurate than shotguns. Patrol rifles will
offer greater public safety. An additional 16 patrol rifles are needed to
properly equip all patrol squad cars.
?
The department will purchase eight (8) SWAT rifles. SWAT rifles will allow
SWAT officers to deploy rapidly. The SWAT rifles will allow for accuracy
at greater distances allowing for increased officer and community safety.
2. Improve police patrol vehicles by purchasing new center consoles and
emergency light bars.
?
The department needs to purchase eight (8) new center consoles to fit the
new 2009 patrol squad vehicles. The 2009 Chevrolet Impala has a body
style change from the 2007 Impala, thus necessitating the new consoles.
?
The lightbars currently on the fleet are no longer in production, and parts
obsolescence is becoming an issue. The department will purchase ten
(10) new lightbars that are the newest generation of LED lights and afford
increased visibility, increasing officer safety as well as citizen safety.
3. Improve the quality and accuracy of forensic evidence storage and tracking
by purchasing a computer bar-coding management system to replace the
current paper management system.
The police department’s current paper system of managing property and
evidence is extremely inefficient, and relies on hand written documentation to
track and manage property. A bar-coding system will be much more efficient.
The Wisconsin State Crime Lab uses the same bar-coding system which will
also increase efficiencies and further provide for a paperless system. It is
anticipated that identification unit personnel will save approximately 40 hours
a month with the new system.
4
4. Improve officer training and public presentations by purchasing two meeting
room projectors and laptop computers.
The department will purchase two meeting room projectors along with two
laptop computers to be installed in the police department briefing room and
police department conference room. Better training for the officers will
improve officer safety. Community training and programming will mean a
better informed public and a safer community.
The following is a detail list of the equipment to be purchased with the Recovery
Act 2009 JAG Grant:
ItemCost
Duty Handuns & Holsters (120)$ 39,058.00
Patrol Rifles (16)$ 16,940.00
SWAT Rifles (8)$ 9,920.00
Evidence Bar Coding System (1)$ 18,440.00
Police Squad Light Bars (10)$ 13,950.00
Police Squad Consoles (8)$ 4,593.00
Meeting Room Projectors/Laptops (2)$ 10,930.00
$ 113,831.00
cc: Eric Levitt, City Manager
Jacob J. Winzenz, Director of Administrative Services
5
ADMINISTRATIVE SERVICES MEMORANDUM
April 7, 2009
TO: City Council
FROM: Jacob J. Winzenz, Director of Administrative Services
SUBJECT: Action on a Proposed Intergovernmental Agreement Between the
City of Janesville and Rock County Related to Law Enforcement
Services at the University of Wisconsin-Rock County Campus and
the Distribution of Payment for Municipal Services (PMS) Program
Funding.
Summary
In the fall, 2009, the City of Janesville received notification from the State of
Wisconsin, Department of Administration, that the 2008 Payment for Municipal
Services (PMS) program payment for law enforcement services to the University
of Wisconsin-Rock County campus was being withheld. In addition, we were
notified that similar payments for 2007 and 2006 would need to be refunded to
the State. After discussions with State officials and officials from Rock County an
intergovernmental agreement was reached that will allow the funding to stay in
Rock County. Under the terms of the proposed agreement the City will retain
30% of the 2006, 2007, 2008, and future payments, with the remaining 70%
going to Rock County.
Recommendation
Staff believes the proposed intergovernmental agreement represents a
compromise that is in the best interests of the citizens of Janesville and Rock
County. Therefore, staff recommends that the City Council authorize the City
manager to execute the proposed intergovernmental agreement.
Suggested Motion
Move to authorize the City Manager to enter into an intergovernmental
agreement between the City of Janesville and Rock County related to law
enforcement services to the University of Wisconsin-Rock County campus and
the distribution of Payment for Municipal Services program funding.
City Manager Recommendation
The City Manager concurs with the Administrative Services Director’s
recommendation.
Background
The Payment for Municipal Services (PMS) program is intended to reimburse
local governments for services, such as police, fire, and sanitation, provided to
state facilities located within their jurisdictions. The primary state facility in
Janesville is the University of Wisconsin-Rock County (U-Rock) campus.
Payments are provided on a formula basis and sent directly to the municipality.
Counties are not eligible to receive funding except on a reimbursement basis for
the actual costs of services delivered. In 2008 the City anticipated receiving
approximately $150,000 through the PMS program, of which approximately
$32,000 was for police services.
The University of Wisconsin-Rock County campus (buildings and grounds) are
owned by Rock County and leased to the State of Wisconsin. The City of
Janesville and Rock County have a historical practice where the Rock County
Sheriff’s Department provides primary response to County-owned facilities
located within the City of Janesville, such as the Courthouse, jail, and the U-Rock
campus. The Janesville Police Department responds to the campus when
requested, but also provides services to the areas surrounding the campus.
In the fall, 2009, the City of Janesville received notification from the State of
Wisconsin, Department of Administration, that the 2008 Payment for Municipal
Services (PMS) program payment for law enforcement services to the U-Rock
campus was being withheld. It was their belief that the Rock County Sheriff’s
department was providing police services to the campus, not the Janesville
Police department. In addition, we were notified that similar PMS payments for
2007 and 2006 would need to be refunded to the State, in accordance with the
program rules.
In reviewing the 911 call data from 1/1/2006 through 12/31/2007 it became clear
that Janesville Police did respond to calls for service from the U-Rock campus.
The “raw” data seems to indicate that during this period Janesville Police
responded to 39.8% of the calls whereas the Rock County Sheriff’s department
responded to 60.2%. However, in looking into the calls in more detail, while
Janesville Police were dispatched in some cases, an officer never responded
because the call was turned over to the Rock County Sheriff’s department. In
addition, while some calls may have listed the address for the U-Rock campus,
the issue may have actually been on the street in front of the campus. Taking
these adjustments into consideration, the actual number of responses to the U-
Rock campus by Janesville Police is approximately 7% of the total.
Following discussions with State officials it was determined that police services
were provided to the U-Rock campus so it was appropriate for the community to
be reimbursed for those services. The question then became the distribution of
those funds between Rock County and the City of Janesville. Following
negotiations with Rock County officials it was agreed that the recommended
distribution would be 30% for the City of Janesville and 70% for Rock County.
This reflects that Rock County responds to most of the calls for service, but that
the City of Janesville provides general policing to the area, back-up support, a
2
S.W.A.T. team for critical incidents that may occur on campus, and a two (2) K-9
units.
Analysis
If the proposed agreement is approved it would result in the following
reimbursements from the City of Janesville to Rock County:
Description Total Received 70% Reimbursement
2006 PMS Police $ 44,601 $ 31,221
2007 PMS Police 36,191 25,334
2008 PMS Police(1) 32,253 22,577
(1)
Payment withheld for 2009
Under the terms of the proposed agreement, the 2006 and 2007 PMS amounts
for police services ($56,555) would be paid to Rock County within sixty (60) days
of the execution of the agreement. The State of Wisconsin withheld their 2008
payment for police services ($32,252) due to the dispute over the provision of
police services. This amount would normally have been received in March,
2009. This amount will now be paid to the City in March, 2010 along with the
2009 payment. Within sixty (60) days of the receipt of those funds the City will
remit 70% to Rock County.
The proposed agreement represents a compromise that retains the state funding
for police services to the U-Rock campus within Rock County. Without this
agreement the State would have required that all, or a significant portion, of the
funding for these services be reimbursed to the State. With the proposed
agreement the taxpayers of the City and County continue to benefit from the
availability of state funding.
3
CITY OF JANESVILLE and COUNTY OF ROCK
University of Wisconsin Rock County Campus Law Enforcement Protection and
Services Funding Distribution Intergovernmental Cooperation Agreement
(“AGREEMENT”)
Whereas, the City of Janesville, a Wisconsin Municipal Corporation located in the County of Rock,
conducting its principal business at 18 North Jackson Street, Wisconsin 53547-5005 (“City) and the
County of Rock, a municipal corporation, through the Rock County Sheriff’s Office, conducting its
principal business at 51 South Main Street, Janesville, Wisconsin 53545 (“County”), mutually desire to
enter into this Agreement; and
Whereas, the State of Wisconsin leases and operates a campus of the University of Wisconsin System
(“UW”) upon certain real property owned by the County, located at 2909 Kellogg Avenue in the City of
Janesville, County of Rock, State of Wisconsin, Janesville Property Identification Number
041030030
(“Campus”), the legal description of which is set forth in “Attachment A” hereto which is incorporated
herein as if fully set forth verbatim; and
Whereas, UW leases the Campus from the County; and
Whereas, the County has historically been tasked the responsibilities of providing law enforcement
protection and services to the Campus; and
Whereas, the City has historically provided police assistance to the Campus when requested; and
Whereas, neither the City nor the County are obligated to enter into this Agreement;
Whereas, the City has received, currently does receive, and shall apply for and anticipates to receive
from the State of Wisconsin Department of Administration certain annual funding under the Payment
for Municipal Services Program (PMS) established in 1973 for law enforcement protection and services
provided by the City to the Campus for State owned and/or operated properties and facilities, according
to the program guidelines developed by the Department of Administration as approved by the
Legislative Joint Committee on Finance (“State Funding”);
Whereas, the City and the County each find that this Agreement is in the best interest, common good
and public benefit of the public.
Whereas, the City and County wish to memorialize this practice that has been in place since UW-Rock
County opened; and
Whereas, Wis. Stats. § 66.0301 and related statutes empower(s) the City and County to enter into this
intergovernmental cooperation and revenue sharing agreement
Whereas, the duly elected and serving governing bodies of the City and the County have lawfully and
duly authorized entering into this Agreement in open session assembly of their respective bodies; and
1
NOW, THEREFORE, for the good and valuable consideration set forth herein and deriving herefrom, the
sufficiency of which is hereby acknowledged by both parties hereto, the City and County through the
Sheriff’s Office hereby agree and promise to each other as follows:
1.Each of the above recitals is reiterated and incorporated herein as if fully set forth verbatim.
2.The County and also the City, when requested, shall provide law enforcement protection and
services to the Campus during the term of this Agreement and all renewals and extensions
hereof.
3.Commencing with calendar year 2009, the City shall annually apply for, file, and obtain the
maximum allowable amounts in State Funding.
4.Annually, within sixty (60) days of receiving the State Funding, the City shall remit to the County
the County’s Seventy Percent (70%) share of the State Funding. The City shall retain the
remaining Thirty Percent (30%) of the State Funding.
5.For calendar years 2007 and 2008, the City already has received State Funding. In consideration
of the law enforcement protection and services provided to the Campus by the County during
2007 and 2008, the City shall make payments to the County Treasurer to be forwarded to the
Sheriff’s Office in an amount that equals Seventy Percent (70%) of the actual State Funding
received by the City for 2007-2008.
6.The City shall make its reimbursement payment to the Sheriff’s Office for the years 2007 and
2008 within sixty (60) days of the execution of this Agreement by both parties; and
7.The amount of State Funding distribution between the City and County is set by this Agreement.
The percentage distribution of the State Funding between the City and the County for (a)
calendar years 2007, 2008, 2009 and 2010 as agreed upon, and fully binding as specifically set
forth in this Agreement but is not necessarily reflective of the extent, level, amount, or cost of
law enforcement protection and services provided to the Campus by the parties hereto. At the
end of the term of this contract, the parties will reevaluate the percentages.
8.The amount of State Funding Distribution for 2007 and 2008, and payments, as set forth herein
shall never be modified or disputed by either party hereto or any of their respective successors or
assigns.
9.The amount of State Funding Distribution for 2009 and 2010, and payments, as set forth herein
shall not change or be modified or disputed by either party hereto or any of their respective
successors or assigns for, during, or after the initial term of this Agreement.
10.The City shall make no payments to the County, and the County shall not be entitled to receive
from the City, any proportional distributional payments under this Agreement or any renewals,
extensions or amendments hereof for any years for or in which the City does not receive funding
from the State under the PMS or related, amended, or successor program(s); and
11.The amount of future State Funding Distributions and payments shall be set as then negotiated
and agreed upon by and between the City and County. Similarly, the amounts of all future State
Funding Distributions and payments for all years after 2010, after payment is made by the City,
2
shall never change or be modified or disputed by either party hereto or any of their respective
successors or assigns.
12.Neither during the initial term nor any renewals or extensions hereof shall the applicable agreed
upon distributions and payments change, be modified, or disputed by either party merely by
virtue of the actual extent, level, amount, or cost of law enforcement protection and services
provided by either party in 2007, 2008, 2009, 2010, or any subsequent year.
13.Notwithstanding anything expressly set forth or construed to the contrary herein, this Agreement
does not establish or concede to the County Sheriff exclusive or primary law enforcement
jurisdiction over the Campus.
14.The initial term of this Agreement shall expire on December 31, 2010.
15.This Agreement may be renewed and extended by the City and the County.
16.This Agreement cannot be assigned by either party.
17.This Agreement is binding upon the City and County and inures to their mutual and respective
benefit, and is an obligation upon each.
18.This Agreement creates no duty, obligation, responsibility, or benefit in or for, and extends no
rights, privileges, causes of action, or claims in any third persons not a party to this Agreement.
19.The officials signing below individually represent that each, respectively, has full right, power,
and authority to execute this Agreement.
20. This Agreement shall be interpreted and construed in accordance with the laws of Wisconsin in
which the Premises are located.
21.This Agreement shall constitute the entire agreement between the parties. Any prior
understanding or representation of any kind preceding the date of this agreement shall not be
binding upon either party except to the extent incorporated in this agreement.
22.This Agreement contains all the terms and conditions agreed upon by the parties hereto, and no
Agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to
exist or be binding upon any of the parties hereto except those Laws, specifications and other
provisions expressly reference herein whether or not incorporated.
23.Amendment and Modification of Agreement. 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 and duly authorized and
executed by both parties.
24.Time of the Essence. It is specifically declared that time is of the essence in the performance of
each and every provision set forth in this Agreement by each party hereto.
25.No Waiver. No part, portion, provision, promise, paragraph, obligation, term, or section of 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.
3
26.This terms, obligations, promises, benefits, and provisions set forth in this Agreement shall
survive the expiration of the initial term of this Agreement for six (6) years, and for six (6) years
after any and all renewals, extensions, and/or amendments hereof.
27.This Agreement is and shall be construed as the joint work product of both the City and County.
This Agreement shall not be construed against either party simply by virtue of who drafted same.
28.This Agreement shall be interpreted and applied by the City, County, courts, and all persons so as
to most fully effectuate the intent and spirit of the parties hereto.
29.Disputes. All disputes shall be resolved through negotiations between the principals of the
parties hereto. All litigation arising herefrom and/or pertaining hereto shall be resolved without
a jury by a randomly selected circuit judge of a court of competent jurisdiction located in the
County of Rock.
30.Notice shall be provided to the parties either by personal service or by mail at the above
designated addresses:
To the City: Jacob J. Winzenz
Director of Administrative Services
Municipal Building
18 North Jackson Street
P.O. Box 5005
Janesville, WI 53547-5005
Phone: 608-755-3155
Facsimile: 608-756-3196
To the County: Robert Spoden
Rock County Sheriff
Rock County Sheriff’s Office
200 E. Highway 14
Janesville, WI 53545
Phone: 608-757-7948
Facsimile: 608-757-8012
4
Agreed to this _______ day of March, 2009.
CITY OF JANESVILLE
____________________________________ ________________________________
By: Eric J. Levitt, City Manager
___________________________________
By: Jean Ann Wulf, City Clerk-Treasurer
Agreed to this _______ day of _________, 2009.
COUNTY OF ROCK
____________________________________ ________________________________
By: J. Russell Podzilni, County Board Chair By: Lori Stottler, County Clerk
____________________________________
By: Robert Spoden, Sheriff
Approved as to form:
____________________________________
Jeffrey S. Kuglitsch
Rock County Corporation Counsel
Approved as to form:
____________________________________
Wald Klimczyk, Janesville City Attorney
5
ATTACHMENT A
L E G A L D E S C R I P T I O N
PT.SE1/4 SEC.10-2-12 & GOVT. LOTS 7 & 8; BGN.NW.COR.VALLEY PARK S.D;TH.S.0D44'46" E.
243.02';TH.S.86D40'35"E.43.05';TH.S.28D02'05" E.66.81'; TH.S.0D16'50"
E.1425.58';TH.S.89D23'20" W. 410';th NWerly in direct line to a point which is 120.00 feet south
from the Werly ext of the S ROW L of Burbank Av and which is 690.00’ m/l W from the Serly ext of
the W L of sd Valley Pk; th Nerly and parallel to the W L of sd Valley Pk 30.00’ to a point on the S L
of the N ½ of the S ½ Sec 10; th Werly alg sd S L 690’ m/l to E L Lot 2, CSM Doc No 902822 Vol 8,
pgs 279-280, Certified Survey Maps of Rock Co., WI; TH.N.6D31'58" E. 380’ m/l';TH.N.27D00'52"
W.79';TH.N55D28'32" E.308.20'; TH.N.22D31'33"W. 173.29'; TH.N.52D29'43" E.321.14' TH. ALG.
CURVE WHICH IS E.L.S. RIVER RD. 400';TH.N.15D25'44"E. 43.73'; TH.N.89D15'14" E. 590.80' TO
POB; also incl area DAF: Com SW. cor of Wick Addition th S.89D27’W. 1459.06 feet; th
N.2D13’30"E. 19.67 feet; th N.89D25’19"E. 539.65 feet; th N.0D36’40"W. 290.0 feet; th
N.89D22’32"E. 630.22 feet to a L that is parallel with and 290.0 feet W of the W L of Guy L. Nichols’
Valley Park and POB; th cont N.89D22’32"E. 290.13’ m/l to W L of sd Wick Addition; th
N.0D16’50"W. alg sd W L, 435.66’ m/l to the S L of the N 1/2 of sd SE ¼ sd Sec 10; th
N.89D34’30"W. alg sd S L, 290.02 feet; th S.0D16’50"E. alg sd L, 434.16 to POB; and excl area for
public street ROW DAF: PART OF GOVERNMENT LOT 7 OF FRACTIONAL SECTION 10, T.2N.,
R.12E. of the 4th P.M., CITY OF JANESVILLE, ROCK COUNTY, WI DAF; Com at a P.K. Masonry
Nail at the E ¼ Cor of sd Sec 10; th S89°15’15"W alg the N L of sd Government Lot, 1475.63 ft; th
S0°44’45"E 42.0 ft to an iron pin on the SL of Kellogg Av, also POB; th SWly alg a curve convexed
NWly, 296.56 ft, having a radius of 310.39 ft and a chord bearing S61°52’57.5"W 285.40 ft to an iron
pin at a point of reverse curve; th SWly alg a curve convexed SEly, 171.32 ft, having a radius of
544.98 ft and a chord bearing S43°31’02"W 170.61 ft to an iron pin at a point of tangency: th
S52°31’22"W 88.93 ft to an iron pipe on the relocated Eerly L of S. River Rd; th NEly alg sd Ely L,
alg a curve convexed SEly, 399.98 ft, having a radius of 818.51 ft and a chord bearing
N38°31’24.5"E 396.01 ft to sd SL of Kellogg Av; th N89D15’15"E alg sd SL, 193.14 ft to POB.
JC570410300300
6
DEPARTMENT OF PUBLIC WORKS MEMORANDUM
April 2, 2009
TO: City Council
FROM: Mike Payne, Engineering Manager
SUBJECT: Award of Bid Schedule “C” – 2009
Contract 2009-7, Washington/Memorial Street Reconstruction
Contract 2009-8, Manhole Reconstruction
Contract 2009-9, Landfill Scale Replacement
Summary
Bids for Public Works Bid Schedule “C” – 2009, Contracts 2009-7, -8, -9 were
opened on Wednesday, March 25, 2009. The Engineering Division is
recommending the Council reject the only bid received for contract 2009-7,
Washington/Memorial Street Reconstruction because it exceeds the project
budget. The Engineering Division is recommending award of contracts 2009-8,
Manhole Construction and 2009-9, Landfill Scale Replacement 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 $28,860 for manhole
replacement and $90,000 for the landfill scale replacement.
Recommendation
Following Review by the Council, the Engineering Division recommends rejecting
the only bid received for contract 2009-7 and awarding contracts 2009-8 and
2009-9 to the low bidders and that the City Council express their intent to include
in the 2009 Note Issue $28,860 for manhole replacement and $90,000 for the
landfill scale replacement.
Suggested Motion
Move to award contracts 2009-8 and 2009-9, to the low bidders and express our
intent to include in the 2009 Note Issue $28,860 for manhole replacement and
$90,000 for the landfill scale replacement.
City Manager Recommendation
I concur with staff’s recommendation.
Background
Contract 2009-7, Washington/Memorial Street Reconstruction
This project includes curb and gutter replacement and street resurfacing on
Washington Street from Highland Avenue to Hamilton Avenue and on W.
\\petey\cojhome\agenda review\approved agenda items\2009\4-13-2009\contractawardbidschedulecmemo2009.doc
Memorial Drive from Oakhill Avenue to the west bridge abutment at the Rock
River. The total length of this project is 1.1 miles.
Although there were five (5) prequalified plan holders, Rock Road Companies,
Inc. submitted the only bid for this project in the amount of $464,288.64. Funding
for this project included $158,000 of Local Road Improvement Program (LRIP)
monies and $233,000 of 2009 Note Issue borrowed funds for an anticipated
project cost of $391,000. The averaged unit price of asphalt on this contract is
th
28% higher than the street resurfacing contract bid January 28 of this year. The
City of Janesville has never experienced asphalt prices this high and the project
is over budget. The Engineering Division recommends rejecting this bid and
intends to modify the project scope for rebid in May.
Contract 2009-8, Manhole Reconstruction
This project replaces existing sanitary sewer, water valve, and storm sewer
manholes in paved streets prior to the 2009 annual resurfacing contract. This is
the second year of an annual program for maintaining utility manholes in
conjunction with the street maintenance program. Funding for this project is from
various sources: the sanitary manholes are funded with $127,310 Wastewater
Utility operating funds; the storm sewer manholes are funded with $23,185
stormwater utility funds; and the water valve manholes will be funded by $28,860
of 2009 Note Issue borrowing.
We opened four (4) bids for this project with Infrastructure Techologies providing
the low bid. The Engineering Division is recommending award of this contract to
Infrastructure Technologies of Rogers, Minnesota, in the amount of $179,355.
Contract 2009-9, Landfill Scale Replacement
This project replaces the existing scale at the landfill which is 25 years old and
has reached the end of its useful life. Funding for this project will be borrowed in
the 2009 Note Issue ($90,000) which covers the scale replacement contract and
miscellaneous materials furnished by the City.
We opened four (4) bids for this project with United Scale and Engineering
providing the low bid. The Engineering Division is recommending award of the
contract to United Scale and Engineering of Madison, Wisconsin, in the amount
of $76,602. This includes the base bid and the alternate bid to upgrade from a
10-foot wide to an 11-foot wide scale system.
Attachment
cc: Eric Levitt
Jacob J. Winzenz
\\petey\cojhome\agenda review\approved agenda items\2009\4-13-2009\contractawardbidschedulecmemo2009.doc
Bid Opening: 25 March 2009
CITY OF JANESVILLE
TABULATION OF BIDS
PUBLIC WORKS BID SCHEDULE “C” – 2009
2009-7 N. WASHINGTON/W. MEMORIAL STREET REHABILITATION
Rock Road Companies Total Bid: $464,288.64
Janesville, WI 53547
2009-8 MANHOLE RECONSTRUCTION
Infrastructure Technologies Total Bid: $179,355.00
Rogers, MN
E & N Hughes Company Total Bid: $222,942.00
Monroe, WI
R. T. Fox Contractors Total Bid: $293,140.00
Edgerton, WI
Globe Contractors Total Bid: $460,391.00
Pewaukee, WI
2009-9 LANDFILL SCALE REPLACEMENT
United Scale & Engineering Total Bid: $76,602.00
Madison, WI
Gilbank Construction Total Bid: $80,075.00
Clinton, WI
Fairbanks Scales Total Bid: $98,487.99
Milwaukee, WI
Klobucar Construction Total Bid: $103,785.00
Beloit, WI
\\Petey\COJHome\Agenda Review\Approved Agenda Items\2009\4-13-2009\Bid Results Bid Schedule C-2009.doc
Economic Development Memorandum
Date: March 30, 2009
TO: City Council
FROM: Doug Venable, Director of Economic Development
SUBJECT: Action on a Resolution Approving a TIF Development Agreement with HSI
Aviation Holding, LLC Helicopter Inspection and Customizing Facility Located in
TIF No. 34 (File Resolution 2009 – 591)
I. Summary
Earlier this year, the City Council approved creation of TIF District No. 34 to stimulate the
development of aviation related business at the Southern Wisconsin Regional Airport. HSI
Aviation Holding, LLC (“HIS”) is a real estate holding company owned by Jim Freeman that
leases a hangar building to Mr. Freeman’s company, Helicopter Specialties Inc. Helicopter
Specialties is a growing business at the Southern Wisconsin Regional Airport that customizes
helicopters for use in medical rescue flights, installs avionic equipment in helicopters, and that
inspects helicopters in accordance with FAA requirements.
The Administration has negotiated a TIF Development Agreement with HSI. Under the
terms of the Agreement, the City will reimburse HSI for $100,000 in costs associated with the
construction of a 20,000 SF hangar expansion. In return, HSI will construct the 20,000 SF
facility, increase employment from nineteen (19) full time workers to thirty-one (31) full time
workers by January, 2010, and guarantee to pay to the City a minimum annual property tax bill
of $13,840. The minimum annual property tax payment will allow the City to fully recover its TIF
investment within eight (8) years.
Recommendation --
The Economic Development Department recommends that the
Council adopt Resolution No. 2009 – 591 approving the TIF Development Agreement with HSI
for a 20,000 SF project in TIF No. 34.
II. TIF Development Agreement
HSI is a holding company that leases real estate to Helicopter Specialties, Inc.; both
companies are owned by Jim Freeman. Mr. Freeman previously worked for Omniflight
Helicopters which moved from the Rock County Airport to Dallas, Texas in 1993. Mr. Freeman
returned to Janesville in 2000, and created Helicopter Specialties. Company sales have
doubled annually since 2000.
Helicopter Specialties provides a full range of services on helicopters. As a certified FAR
145 repair station, the company can service over 21 makes and models of helicopters. The
company has service center contracts with 4 major helicopter manufacturers, one engine
manufacturer and 5 optional helicopter equipment manufacturers.
???
Economic Development Department Box 5005 Janesville, WI 53547-5005 755-3180
HSI TIF Agreement
March 30, 2009
Page 2
Helicopter Specialties can perform FAA required inspections of helicopters at certain flight
hour intervals. They can add new avionic equipment to helicopters like weather radar or ground
detection radar to improve flight safety. They also take newly purchased helicopters and
customize them for use in medical flights, etc. In 2008, the company added a large paint booth
so that they can paint helicopters in an environmentally safe manner.
The company is expanding and has outgrown its existing 12,000 SF hangar. HSI plans to
lease additional land from the Southern Wisconsin Regional Airport and construct a second
20,000 SF hangar. The hangar facility is estimated to have a value of $675,000 and will
generate $13,840 in new property taxes annually. New equipment and employee training will
add an additional $750,000 to the overall project cost.
Under the terms of the proposed TIF Agreement, HSI will complete the construction of the
new 20,000 SF hanger by December 31, 2009. The company will retain the existing nineteen
(19) employees and create an additional Twelve (12) jobs by January, 2012. The starting wage
for their technicians is $15/hr and for their inspectors is $20/hr. Beginning in 2010, HSI will
guarantee to annually pay not less than $13,840 in new property taxes to the City.
In return, the City will reimburse HSI for $100,000 in development costs associated with this
expansion project. The guaranteed annual property tax payment from HSI will allow the City to
fully recover its TIF investment within 8 years.
Recommendation
III.
The City’s economic development strategy seeks to diversify the local economy by
facilitating the growth of its existing industries. Helicopter Specialties is a growing company that
is somewhat insulated from the ups and downs of the national economy. They provide required
FAA inspections of existing helicopters and can customize helicopters to meet the specific
requirements of the firms that use them in their operations. The public has made a significant
investment in the Southern Wisconsin Regional Airport and this project will leverage that
investment.
The Staff recommends that the Council adopt Resolution No. 2009 – 591, approving the
TIF Development Agreement with HSI Aviation Holdings, LLC, for a 20,000 SF Facility in TIF
No. 34.
Douglas Venable
Cc: Eric Levitt, City Manager
Jay Winzenz, Dir. of Administrative Services
Attachments: Resolution 2009 – 591
Location Map
Summary of TIF Agreement
Resolution 2009 – 591
A Resolution Approving a TIF Development Agreement with HSI Aviation Holdings, LLC
for a 20,000 SF Hangar Facility in TIF No. 34
WHEREAS, Sections 66.1105 and 66.1101 of Wisconsin Statutes authorize cities to utilize tax
increment financing to promote industry and implement economic development projects; and
WHEREAS, the Common Council has authorized the use of Tax Increment Financing Districts
for industrial site development and TIF Development agreements when the Council adopted
amended Council Policy Statement No. 61 (Economic Development Policy) on the 14th day of
November, 2006; and,
WHEREAS, the Common Council of the City of Janesville created Tax Incremental Finance
District No. 34 to stimulate development projects at the Southern Wisconsin Regional Airport;
and
WHEREAS, HSI Aviation Holdings, LLC. (hereinafter “HSI” and the City have negotiated a TIF
Development Agreement which calls for the City to reimburse HSI for $100,000 of development
costs related to the construction of a 20,000 SF hangar facility at the Southern Wisconsin
Regional Airport in TIF No. 34, and the creation of twelve (12) new full time jobs by January,
2012; and
WHEREAS, the Common Council of the City of Janesville finds the approval of the TIF
Development Agreement and the reimbursement of HSI of $100,000 in development costs to be
in the best interest of and benefit to the City, its citizens, and the overall community;
NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Janesville that it
hereby approves the TIF Development Agreement with HSI and authorizes the reimbursement
of $100,000 in development costs according to the terms and conditions set forth in the TIF
Development Agreement, and
BE IT FURTHER RESOLVED, that the City Manager, on behalf of the City of Janesville, is
hereby authorized to negotiate, draft, modify, amend, review, and file all such other documents,
papers, and agreements, to take whatever other actions, and to make whatever changes and
amendments to the TIF Development Agreement, and such other documents and agreements
which the City Manager may, from time to time, deem necessary and/or desirable to effectuate
the intent of this Resolution.
Resolution 2009 – 591
Page 2
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
Loasching
McDonald
Eric Levitt, City Manager
Rashkin
Steeber
ATTEST:
Truman
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
City Attorney
Proposed by: City Manager
Prepared by: Economic Development Director
Summary of TIF Development Agreement Between
City of Janesville and HSI Aviation Holding, LLC
for a Development Project in TIF No. 34
I. Parties
A. City of Janesville
B. HSI Aviation Holdings, LLC (Developer)
C. Helicopter Specialties, Inc.
II. Description of the Property -- 20,000 Leased Premises – 4710 S. Columbia
Dr. in TIF No. 34
III. Purpose of the Agreement -- Facilitate the completion of a 20,000 SF
expansion and creation of 12 new jobs.
IV. Terms of the Agreement
A. The City shall:
1. Create TIF No. 34 at the Southern Wisconsin Regional Airport
2. Upon issuance of occupancy permit, reimburse HSI for $100,000
in site development and equipment costs.
B. HSI shall:
1. Submit financial documentation for City review
2. Lease site from Rock County
3. Get approval for site plans and building plans.
4. Lease the new building to Helicopter Specialties Inc. and use best
efforts to create twelve (25) new full-time jobs by January 2012.
5. Complete construction of 20,000 SF hangar facility by December
31, 2009.
6. Guarantee to annually pay not less than $13,840 in property
taxes.
C. For the entire term of the TIF Agreement, HSI must remain a taxable
corporate entity.
D. Developer contingencies to be met by June 1, 2009:
1. Environmental Assessment of the Project Site.
2. Receipt of approvals for site and building plans.
3. Receipt of project financing.
4. Receipt of a binding lease for the Project Site from Rock County.
5. Receipt of a binding lease from Helicopter Specialties.
E. City must receive waiver or satisfaction of contingencies before being
bound to Agreement.
F. HSI has the right to prepay TIF Development Loan
City Manager Department MEMORANDUM
April 6, 2009
TO: City Council
FROM: Eric Levitt, City Manager
SUBJECT: Action on City Council confirmation of City Manager’s proposal to
consolidate positions for budget year 2009.
Summary
This agenda item is a proposal by the City Manager to eliminate certain positions and to
broaden the scope of certain positions in order to address the current economic
situation of the City of Janesville. Specifically this proposal will eliminate 4 positions
and broaden the scope of 3 positions, which would result in an estimated cost savings
of $275,000 in 2010.
Recommendation
The City Manager requests that the City Council confirm the following recommendation.
The City of Janesville would eliminate the positions of:
?
Assistant Director of Administrative Services
?
Director of Leisure Services
?
Economic Development Assistant
?
Sustainability Coordinator
The City of Janesville would create a combined position of Assistant City
Manager/Administrative Services Director.
The City of Janesville would broaden the scope of a Management Assistant and 2
Management Analyst positions.
Suggested Motion
I move to confirm the City Manager’s recommended staff consolidation plan.
Background
In reviewing the City’s fiscal budget for 2009, it is the City Manager’s opinion that the
current economic situation calls for elimination and or consolidation of certain positions.
I am attempting to address this fiscal situation by maintaining positions that serve the
public directly and by combining or consolidating duties of administrative positions.
As I have reviewed the budget with the Administrative Services Director and
Comptroller, it is my opinion that the City has begun using General Fund fund balance
to fund its General Fund operations. This is appropriate in a short-term economic
downturn, however, it is my opinion that we need to turn the trend around by the year
1
2011 or 2012. In 2007, the City used approximately $175,000 in fund balance and in
2008, the City used approximately $990,000 in fund balance. In addition, there is added
pressure on the City to maintain as close as possible to flat property tax rates. Based
on these economic trends, I believe one step to take is to consolidate certain
administrative positions, which will allow the City to accrue some salary savings going
forward into 2010.
Based on the above analysis, I recommend eliminating the positions of Assistant
Director of Administrative Services, Director of Leisure Services, Economic
Development Assistant and Sustainability Coordinator. All of these positions are
currently vacant. In addition, I recommend adding the title of Assistant City Manager to
the Administrative Services Director title.
In order to address those vacancies, I anticipate utilizing the two Management Analyst
and one Management Assistant positions in a broader role. I plan to utilize those three
positions to work directly with the Economic Development Director, work on
sustainability issues, work on Public Works projects, work on the Budget, work with the
Neighborhood Services Director, work directly with Leisure Services staff, and continue
to work on community information programming.
We may need to add one specific administrative analyst position, if the two
management analysts and one management assistant cannot adequately handle the
workload.
The total estimated cost savings is $275,000 minimum and that includes additional
costs for one additional administrative analyst in 2010 if determined it is necessary and
cost increases in certain salary allocations to the General Fund.
cc: Jacob J. Winzenz
2
CITY MANAGER’S MEMORANDUM
April 6, 2009
TO: City Council
FROM: Eric J. Levitt
SUBJECT: Committee Appointments
Request
I request the Council confirm the appointments of the Council President and those of
the Manager requiring confirmation.
Summary
Recently the Citizens Advisory Committee on Appointments met to make their
recommendations for citizen nominees to city boards, commissions and committees.
For Council President appointments,
Please find below their recommendations.
Council President Loasching is appointing those recommended by the
Committee. For those under my purview, I am appointing those recommended by
the Committee.
Application forms for those recommended by the Committee, a listing of all citizens that
volunteered for each vacancy and the unapproved minutes of the Committee’s meeting
are included for your reference. Citizen appointments of the City Manager not requiring
Council confirmation are also included for your information.
Eligibility
To be eligible for an appointment to a standing committee, individuals must be a
resident of the City of Janesville and have interest or knowledge in the committee’s
subject matter.
Recommendations for Council President Appointments (confirmed by entire
Council)
Council President Loasching is appointing those recommended by the Committee.
Alcohol License Advisory Committee
1 vacancy
The Committee recommends Carrie Kulinksi.
Cable Advisory Committee
3 vacancies
The Committee recommends Wade Hallett, Andrew Kronquist and Lynne Veitenheimer.
Citizen Advisory Committee on Appointments
1 vacancy (possible re-appointment - Shena Kohler)
The Committee recommends Shena Kohler.
Citizens Board of Review
1 vacancy (possible re-appointment - Jan Bruss)
The Committee recommends Jan Bruss.
Golf Course Advisory Committee
1 vacancy (possible re-appointment - Jan Bruss)
1 vacancy (possible re-appointment - Steve Hiser)
1 vacancy (possible re-appointment - Clyde Hoeser)
The Committee recommends Jan Bruss, Steve Hiser and Clyde Hoeser.
Historic Commission
1 vacancy
1 vacancy (possible re-appointment - Janine Peterson)
1 vacancy (possible re-appointment - Susan Thompson)
The Committee recommends Kenneth Wolf, Janine Peterson and Susan Thompson.
Leisure Services Advisory Committee
1 vacancy
1 vacancy (possible re-appointment - Steve Ellis)
The Committee recommends Lynn Jones and Steve Ellis.
Transportation Committee
1 vacancy
The Committee recommends Allen Fugate.
Recommendations for City Manager Appointments (confirmed by entire Council)
I am appointing those recommended by the Committee.
Community Development Authority
1 vacancy (possible re-appointment - Michael Bachmeyer)
1 vacancy (possible re-appointment - Sylvia Moore)
The Committee recommends Michael Bachmeyer and Sylvia Moore.
Library Board
1 vacancy (possible re-appointment - Dave Carlson)
1 vacancy (possible re-appointment - Cathy Jennings)
1 vacancy (possible re-appointment - Lois Smith)
The Committee recommends Dave Carlson, Cathy Jennings and Lois Smith.
Zoning Board of Appeals
1 vacancy
1 vacancy (possible re-appointment - Harold Combs)
1 alternate member vacancy
Possible second alternate vacancy if existing alternate (Jody Roberts) is appointed to a
voting member position
The Committee recommends Harold Combs and Jody Roberts as voting members;
Karen Curry as Alternate #1; and Kathleen Schulz as Alternate #2.
Recommendation
I recommend the Council confirm the appointments of the Council President and those
of the Manager requiring confirmation.
Motion
I move to confirm the appointments of the Council President and those of the Manager
requiring confirmation.
Recommendations for City Manager Appointments (no Council confirmation
needed)
Plan Commission and Police and Fire Commission members are appointed by the City
Manager and do not require City Council approval. The City Manager agrees with the
recommendations of the Committee and have made the following appointments.
Plan Commission
1 vacancy
1 vacancy (possible re-appointment - Meredith Helgerson)
1 vacancy (possible re-appointment - Stephen Werner)
The Committee recommends Deborah Adams, Meredith Helgerson and Stephen
Werner. I am appointing Deborah Adams, Meredith Helgerson and Stephen Werner.
Police and Fire Commission
While the Citizens Advisory Committee on Appointments is not officially authorized to
make recommendations for nominees to the Police and Fire Commission, I asked this
committee to provide a recommendation regarding the PFC appointment.
1 vacancy (possible re-appointment - William Schneider)
The Committee recommends William Schneider. The City Manager is appointing
William Schneider.
Attachments
Record of Citizen Advisory Committee on Appointments
March 19, 2009
Page 1
Meeting of the City of Janesville Citizen Advisory Committee on Appointments held in the
Municipal Building first floor conference room on March 19, 2009
Committee Members Present: Shena Kohler, David Riemer, Larry Squire, Judith Detert-
Moriarty, Mary Willmer-Sheedy and Ron Combs (alternate)
Staff Present: Rebecca Smith
Agenda Items
Roll Call
The meeting began at approximately 1:38PM with Detert-Moriarty, Kohler, Riemer, Squire,
Willmer-Sheedy and Combs present.
Approval of February 9, 2009 meeting minutes
Willmer-Sheedy motioned approval of the minutes. Squire seconded the motion and the vote
was 5-0-0 in favor.
Selection of recommended nominees and alternate nominee for the following Boards,
Commissions and Committees
The committee decided not to choose alternates; if one of the volunteers chosen does not
accept the appointment, the committee will meet again to choose a new citizen.
Alcohol License Advisory Committee
Following committee discussion, Willmer-Sheedy motioned to recommend Carrie Kulinksi as
the voting member for the Alcohol License Advisory Committee. Detert-Moriarty seconded
the motion and the vote was 5-0-0 in favor.
Cable Advisory Committee
Following committee discussion, Riemer motioned to recommend Wade Hallett, Andrew
Kronquist and Lynne Veitenheimer as voting members for the Cable Advisory Committee.
Squire seconded the motion and the vote was 5-0-0 in favor.
Citizen Advisory Committee on Appointments
Following committee discussion, Riemer motioned to recommend Shena Kohler as a voting
member for the Citizen Advisory Committee on Appointments. Squire seconded the motion
and the vote was 4-0-1 in favor. Shena Kohler abstained from the vote.
Citizens Board of Review
Following committee discussion, Willmer-Sheedy motioned to recommend Jan Bruss as a
voting member for the Citizens Board of Review. Squire seconded the motion and the vote
was 5-0-0 in favor.
Community Development Authority
Record of Citizen Advisory Committee on Appointments
March 19, 2009
Page 2
Following committee discussion, Squire motioned to recommendMichael Bachmeyer and
Sylvia Moore as voting members of the Community Development Authority. Willmer-Sheedy
seconded the motion and the vote was 5-0-0 in favor.
Golf Course Advisory Committee
Following committee discussion, Willmer-Sheedy motioned to recommend Jan Bruss, Steve
Hiser and Clyde Hoeser as voting members of the Golf Course Advisory Committee. Riemer
seconded the motion and the vote was 5-0-0 in favor.
Historic Commission
Following committee discussion, Riemer motioned to recommend Kenneth Wolf, Janine
Peterson and Susan Thompson as voting members of the Historic Commission. Squire
seconded the motion and the vote was 5-0-0 in favor.
Leisure Services Advisory Committee
Following committee discussion, Squire motioned to recommend Lynn Jones and Steve Ellis
as voting members of the Leisure Services Advisory Committee. Kohler seconded the motion
and the vote was 5-0-0 in favor.
Library Board
Following committee discussion, Willmer-Sheedy motioned to recommend Dave Carlson,
Cathy Jennings and Lois Smith as voting members of the Library Board. Kohler seconded the
motion and the vote was 5-0-0 in favor.
Plan Commission
Following committee discussion, Kohler motioned to recommend Deborah Adams, Meredith
Helgerson and Stephen Werner as voting members of the Plan Commission. Willmer-Sheedy
seconded the motion and the vote was 5-0-0 in favor.
Transportation Committee
Following committee discussion, Squire motioned to recommend Allen Fugate as a voting
member of the Transportation Committee. Kohler seconded the motion and the vote was 5-0-
0 in favor.
Zoning Board of Appeals
Following committee discussion, Squire motioned Harold Combs and Jody Roberts as voting
members; Karen Curry as Alternate #1; and Jim Knull as Alternate #2 for the Zoning Board of
Appeals. The Committee questioned whether Knull lived within the City. Staff will confirm his
address and residency within the City of Janesville. If he does not live within the City, Squire
motioned Kathleen Schulz as Alternate #2. Kohler seconded the motion and the vote was 5-
0-0 in favor.
Following the meeting, staff confirmed that Jim Knull’s address of 5609 N. County Road F is
not within the City of Janesville. Staff informed Mr. Knull that he would not be considered for
future committee positions due to not being a city resident.
Record of Citizen Advisory Committee on Appointments
March 19, 2009
Page 3
Police and Fire Commission
Following committee discussion, Willmer-Sheedy motioned to recommend William Schneider
as a voting member of the Police and Fire Commission. Squire seconded the motion and the
vote was 5-0-0 in favor.
Inquiry – Felons on City Boards, Commissions and Committees
The Committee previously asked staff to investigate various questions about felons on
committees. The Committee did not have any questions or comments related to the
background memo provided prior to the meeting.
Discussion and action regarding future vacancies
With the recent changes to the appointment process, staff asked for direction from the
Committee on whether to publicize unexpected, mid-term vacancies or use only those that
are already submitted. After discussion, the Committee directed staff to publicize any future
mid-term vacancies.
Date for Next Meeting
As there are no known vacancies, scheduling the next meeting of the committee is not
needed. Smith will contact committee members if a meeting is needed in the future.
Matters Not on the Agenda
The Committee asked staff to prepare future agenda materials for vacancies using a grid
worksheet. The sheet will include the names of volunteers down the left hand side and the
names of all committee along the top. Any committee a volunteer applies for will be marked.
Using this system, only one copy of each application is needed per committee member.
The meeting was adjourned at approximately 2:50PM.
These minutes are not official until approved by the Citizen Advisory Committee on
Appointments.
Rebecca Smith, Management Assistant
Volunteers for each committee’s vacancies
Council President Appointments (confirmed by entire Council)
Alcohol License Advisory Committee
Name Address Occupation
Hormel Foods – Production
Donald Becker 3935 Brunswick Lane Supervisor
Karen Curry 102 North River; Apt. 308 Retired – Manager
Wade Hallett 221 Oakland Avenue LeMans – Purchasing
Creative Community Living
Sandy Heidecker 1105 Kellogg Avenue; Apt. A7 Services – Caregiver
Edwin James 1519 Holly Drive Semi Retired – Various
Francis James 1158 Richardson Street Retired – General Motors
Universal Electronics –
Andrew Kronquist 3412 Canterbury Test Engineering Manager
School District of Janesville
– ATODA/CRES
Carrie Kulinski 3225 Hampshire Road Coordinator
Tom Lemmer 324 Linn Street Family Dollar
M & I Bank – Titling
Nicholas Purkapile 410 South Parker Drive Specialist
General Motors -
Gary Schmidt 3718 Chesapeake Aevnue Assembler
SSI Technologies -
Phil Schram 1228 Grace Street Engineer
County of Rock –
Michael Southers 1841 South Chatham Street Computer Support
Corneille Law Group -
Lynne Veitenheimer 514 North Garfield Avenue Paralegal
Unemployed (Lear) -
Kenneth Wolf 1142 Richardson Street Student
Cable Advisory Committee
Name Address Occupation
Karen Curry 102 North River; Apt. 308 Retired – Manager
Wade Hallett 221 Oakland Avenue LeMans – Purchasing
Creative Community Living
Sandy Heidecker 1105 Kellogg Avenue; Apt. A7 Services – Caregiver
Edwin James 1519 Holly Drive Semi Retired – Various
Francis James 1158 Richardson Street Retired – General Motors
Universal Electronics – Test
Andrew Kronquist 3412 Canterbury Engineering Manager
Tom Lemmer 324 Linn Street Family Dollar
General Motors –
Gary Schmidt 3718 Chesapeake Avenue Assembler
SSI Technologies –
Phil Schram 1228 Grace Street Engineer
Corneille Law Group –
Lynne Veitenheimer 514 North Garfield Avenue Paralegal
Unemployed (Lear) -
Kenneth Wolf 1142 Richardson Street Student
Citizen Advisory Committee on Appointments
Name Address Occupation
Karen Curry 102 North River; Apt. 308 Retired – Manager
Business Owner – 27 West
Karl Dommershausen 2419 Plymouth Avenue Appraisal
20 East Milwaukee; Suite
James Fowler III 206 Attorney
Wade Hallett 221 Oakland Avenue LeMans – Purchasing
1105 Kellogg Avenue; Apt. Creative Community Living
Sandy Heidecker A7 Services - Caregiver
Francis James 1158 Richardson Street Retired – General Motors
Shena Kohler (eligible Rockford Park District –
for re-appointment) 1522 King Street Police Officer
Universal Electronics – Test
Andrew Kronquist 3412 Canterbury Engineering Manger
School District of Janesville –
Carrie Kulinski 3225 Hampshire Road ATODA/CRES Coordinator
Tom Lemmer 324 Linn Street Family Dollar
Gary Schmidt 3718 Chesapeake Avenue General Motors – Assembler
Phil Schram 1228 Grace Street SSI Technologies – Engineer
Denise Showers 117 North Atwood Ave Disabled
Corneille Law Group –
Lynne Veitenheimer 514 North Garfield Avenue Paralegal
Fred Wesner 3289 East Danbury Drive Attorney
Kenneth Wolf 1142 Richardson Street Unemployed (Lear) – Student
Citizens Board of Review
Name Address Occupation
Jan Bruss (eligible for Retired – Janesville
re-appointment) 4016 Dorchester Drive School District
Karen Curry 102 North River; Apt. 308 Retired - manager
Wade Hallett 221 Oakland Avenue LeMans – purchasing
Creative Community
Living Services –
Sandy Heidecker 1105 Kellogg Avenue; Apt. A7 caregiver
Francis James 1158 Richardson Street Retired – General Motors
Universal Electronics –
Andrew Kronquist 3412 Canterbury Test Engineering Manager
School District of
Janesville –
ATODA/CRES
Carrie Kulinski 3225 Hampshire Road Coordinator
Tom Lemmer 324 Linn Street Family Dollar
General Motors -
Gary Schmidt 3718 Chesapeake Avenue Assembler
SSI Technologies -
Phil Schram 1228 Grace Street Engineer
Corneille Law Group –
Lynne Veitenheimer 514 North Garfield Avenue paralegal
Unemployed (Lear) -
Kenneth Wolf 1142 Richardson Street Student
Golf Course Advisory Committee
Name Address Occupation
Jan Bruss (eligible for Retired – Janesville School
re-appointment) 4016 Dorchester Drive District
Karen Curry 102 North River; Apt. 308 Retired – Manager
1105 Kellogg Avenue; Apt. Creative Community Living
Sandy Heidecker A7 Services – Caregiver
Steven Hiser (eligible Dean Foods Company – Plant
for re-appointment) 4043 Bordeaux Drive Engineering Manager
Clyde Hoeser
(eligible for re-
appointment) 1459 South Arch Retired
Francis James 1158 Richardson Street Retired – General Motors
William Jurs 3918 Galaxy Drive Retired – Purchasing Agent
Kelley Kaiser 2307 Plymouth Avenue Sam’s Club
Universal Electronics – Test
Andrew Kronquist 3412 Canterbury Engineering Manager
Tom Lemmer 324 Linn Street Family Dollar
Gary Schmidt 3718 Chesapeake Avenue General Motors - Assembler
Phil Schram 1228 Grace Street SSI Technologies - Engineer
Lynne Veitenheimer 514 North Garfield Avenue Corneille Law Group – Paralegal
Kenneth Wolf 1142 Richardson Street Unemployed (Lear) - Student
Historic Commission
Name Address Occupation
Karen Curry 102 North River; Apt. 308 Retired – Manager
Wade Hallett 221 Oakland Avenue LeMans – Purchasing
1105 Kellogg Avenue: Apt. Creative Community Living
Sandy Heidecker A7 Services – Caregiver
Francis James 1158 Richardson Street Retired – General Motors
Universal Electronics – Test
Andrew Kronquist 3412 Canterbury Engineering Manager
Tom Lemmer 324 Linn Street Family Dollar
Janine Peterson
(eligible for re-United Way – Nonprofit
appointment 2617 Hawthorne Avenue Manager
Gary Schmidt 3718 Chesapeake Avenue General Motors – Assembler
Phil Schram 1228 Grace Street SSI Technologies - Engineer
Susan Thompson
(eligible for re-
appointment) 1411 Sharon Street Retired
Corneille Law Group –
Lynne Veitenheimer 514 North Garfield Avenue Paralegal
Kenneth Wolf 1142 Richardson Street Unemployed (Lear) - Student
Leisure Services Advisory Committee
Name Address Occupation
Hedberg Public Library –
Material Processing
Supervisor; Bede
Maureen Birchfield 326 Kellogg Avenue Reflexology – Reflexologist
Karen Curry 102 North River; Apt. 308 Retired – Manager
Business Owner – 27 West
Karl Dommershausen 2419 Plymouth Avenue Appraisal
Steven Ellis (eligible for Allied Automotive Group –
re-appointment) 814 Cornelia Street Yard Man
Mercy East – Registered
Patricia Hanson 4439 Ruger Avenue Nurse
1105 Kellogg Avenue; Apt. Creative Community Living
Sandy Heidecker A7 Services – Caregiver
Francis James 1158 Richardson Street Retired – General Motors
Community Action, Inc. –
Lynn Jones 22 North Oakhill Avenue Department Manager
Kelley Kaiser 2307 Plymouth Avenue Sam’s Club
Universal Electronics – Test
Andrew Kronquist 3412 Canterbury Engineering Manager
School District of Janesville
Carrie Kulinski 3225 Hampshire Road – ATODA/CRES Coordinator
Tom Lemmer 324 Linn Street Family Dollar
LSS Adult Day Care –
Christopher Nonn 1837 Alden Road; Apt. 22 Healthcare
Gary Schmidt 3718 Chesapeake Avenue General Motors – Assembler
Phil Schram 1228 Grace Street SSI Technologies – Engineer
Rock County Job Center –
Kathleen Schulz 1234 South River Road Program Assistant
M & I Bank – Personal
Mary Kay Thompson 114 North Atwood Avenue Banker
Corneille Law Group –
Lynne Veitenheimer 514 North Garfield Avenue Paralegal
Unemployed (Lear) –
Kenneth Wolf 1142 Richardson Street Student
Transportation Committee
Name Address Occupation
Karen Curry 102 North River; Apt. 308 Retired Manager
Business Owner – 27 West
Karl Dommershausen 2419 Plymouth Avenue Appraisal
Van Galder Bus/Coach USA
Allen Fugate 1109 Macarthur – Operations Manager
1105 Kellogg Avenue; Apt. Creative Community Living
Sandy Heidecker A7 Services – Caregiver
Edwin James 1519 Holly Drive Semi Retired – Various
Francis James 1158 Richardson Street Retired – General Motors
Community Action, Inc. –
Lynn Jones 22 North Oakhill Avenue Department Manager
Universal Electronics – Test
Andrew Kronquist 3412 Canterbury Engineering Manager
School District of Janesville
Carrie Kulinski 3225 Hampshire Road – ATODA/CRES Coordinator
Tom Lemmer 324 Linn Street Family Dollar
Gary Schmidt 3718 Chesapeake Avenue General Motors – Assembler
Phil Schram 1228 Grace Street SSI Technologies - Engineer
Consigny Law Firm –
Mark Schroeder 3455 Poplar Lane Attorney
Rock County Job Center –
Kathleen Schulz 1234 South River Road Program Assistant
County of Rock – Computer
Michael Southers 1841 South Chatham Support
Green Autos – General
Chris Thompson 4214 Whilden Court Manager
Corneille Law Group –
Lynne Veitenheimer 514 North Garfield Avenue Paralegal
Unemployed (Lear) –
Kenneth Wolf 1142 Richardson Street Student
City Manager Appointments (confirmed by entire Council)
Community Development Authority
Name Address Occupation
Michael Bachmeyer
(eligible for re-
appointment) 425 Madison Street Grace Community – Clergy
Briarmoon Enterprises – Real
K. Andreah Briarmoon 339 South Locust Street Estate Sales and Investments
Karen Curry 102 North River; Apt. 308 Retired – Manager
Business Owner – 27 West
Karl Dommershausen 2419 Plymouth Avenue Appraisal
Freedom Plastics –
Engineering/Maintenance
Scott Griffith 402 Beechwood Drive Manager
1105 Kellogg Avenue; Apt. Creative Community Living
Sandy Heidecker A7 Services – Caregiver
Francis James 1158 Richardson Street Retired – General Motors
Universal Electronics – Test
Andrew Kronquist 3412 Canterbury Engineering Manager
School District of Janesville –
Carrie Kulinski 3225 Hampshire Road ATODA/CRES Coordinator
Tom Lemmer 324 Linn Street Family Dollar
Sylvia Moore (eligible
for re-appointment) 1518 West Memorial Drive Student
Gary Schmidt 3718 Chesapeake Avenue General Motors – Assembler
Phil Schram 1228 Grace Street SSI Technologies – Engineer
Corneille Law Group –
Lynne Veitenheimer 514 North Garfield Avenue Paralegal
Kenneth Wolf 1142 Richardson Street Unemployed (Lear) – Student
Library Board
Name Address Occupation
Dave Carlson (eligible UW-Rock County –
for re-appointment) 425 Grove Street Academic Advisor
Karen Curry 102 North River; Apt. 308 Retired – Manager
1105 Kellogg Avenue; Apt. Creative Community Living
Sandy Heidecker A7 Services – Caregiver
Francis James 1158 Richardson Street Retired – General Motors
Cathy Jennings (eligible
for re-appointment) 4129 Eastridge Drive Janesville Literacy Council
Universal Electronics – Test
Andrew Kronquist 3412 Canterbury Engineering Manager
School District of Janesville
Carrie Kulinski 3225 Hampshire Road – ATODA/CRES Coordinator
Tom Lemmer 324 Linn Street Family Dollar
Gary Schmidt 3718 Chesapeake Avenue General Motors – Assembler
Phil Schram 1228 Grace Street SSI Technologies - Engineer
Lois Smith (eligible for UW-Whitewater – College
re-appointment) 613 East Van Buren Dean
Corneille Law Group –
Lynne Veitenheimer 514 North Garfield Avenue Paralegal
Kenneth Wolf 1142 Richardson Street Unemployed (Lear) - Student
Zoning Board of Appeals
Name Address Occupation
Hedberg Public Library –
Material Processing
Supervisor; Bede Reflexology
Maureen Birchfield 326 Kellogg Avenue – Reflexologist
Briarmoon Enterprises – Real
K. Andreah Briarmoon 339 South Locust Street Estate Sales and Investments
Harold Combs (eligible Combs & Associates – Land
for re-appointment) 1517 Evergreen Drive Surveyor
Karen Curry 102 North River; Apt. 308 Retired – Manager
Wade Hallett 221 Oakland Avenue LeMans – Purchasing
1105 Kellogg Avenue; Apt. Creative Community Living
Sandy Heidecker A7 Services – Caregiver
Edwin James 1519 Holly Drive Semi Retired - Various
Francis James 1158 Richardson Street Retired – General Motors
Jim Knull – not a city 5609 North County Road JAK Builders – General
resident, ineligible F Contractor
Universal Electronics – Test
Andrew Kronquist 3412 Canterbury Engineering Manager
Tom Lemmer 324 Linn Street Family Dollar
Wisconsin Department of
Kurt Linck 118 South High Street Transportation - Auditor
Jody Roberts, Alt. #2
(eligible for voting Retired Milton School
member position) 19 Campus Lane Teacher
Gary Schmidt 3718 Chesapeake Avenue General Motors – Assembler
Phil Schram 1228 Grace Street SSI Technologies - Engineer
Rock County Job Center –
Kathleen Schulz 1234 South River Road Program Assistant
Corneille Law Group –
Lynne Veitenheimer 514 North Garfield Avenue Paralegal
Kenneth Wolf 1142 Richardson Street Unemployed (Lear) - Student
City Manager Appointments (no Council confirmation needed)
Plan Commission
Name Address Occupation
Land Title & Closing Services –
Deborah Adams 615 Waveland Road Manager
Julie Backenkeller
(Sustainable Janesville
Committee) 719 North Grant Avenue Self Employed – Courier Service
Karen Curry 102 North River; Apt. 308 Retired – Manager
Business Owner – 27 West
Karl Dommershausen 2419 Plymouth Avenue Appraisal
20 East Milwaukee; Suite
James Fowler III 206 Attorney
State of Wisconsin –
Patrick Gasper 202 Sinclair Street Communications Officer
Freedom Plastics –
Engineering/Maintenance
Scott Griffith 402 Beechwood Drive Manager
Wade Hallett 221 Oakland Avenue LeMans – Purchasing
Stephen Hamilton 3748 Falcon Ridge Drive Own Log Cabin Business
1105 Kellogg Avenue; Apt. Creative Community Living
Sandy Heidecker A7 Services – Caregiver
Meredith Helgerson
(eligible for re-
appointment) 817 East Milwaukee Street Communications
Francis James 1158 Richardson Street Retired – General Motors
– not a city
Jim Knull
JAK Builders – General
resident, ineligible
5609 North County Road F Contractor
Universal Electronics – Test
Andrew Kronquist 3412 Canterbury Engineering Manager
School District of Janesville –
Carrie Kulinski 3225 Hampshire Road ATODA/CRES Coordinator
Tom Lemmer 324 Linn Street Family Dollar
Nicholas Purkapile 410 South Parker Drive M & I Bank – Titling Specialist
Gary Schmidt 3718 Chesapeake Avenue General Motors – Assembler
Phil Schram 1228 Grace Street SSI Technologies – Engineer
Rock County Job Center –
Kathleen Schulz 1234 South River Road Program Assistant
County of Rock – Computer
Michael Southers 1841 South Chatham Support
Lynne Veitenheimer 514 North Garfield Avenue Corneille Law Group – Paralegal
Integrated Technology Group –
Patty Wanninger 521 Monroe Street Account Manager
Steve Werner (eligible for
re-appointment) 1106 Columbus Circle Attorney
Kenneth Wolf 1142 Richardson Street Unemployed (Lear) – Student
American National Bank – Chief
Tom Wolfe 1207 Shannon Court Credit Officer
Police and Fire Commission
Name Address Occupation
Hedberg Public Library –
Maureen Birchfield 326 Kellogg Avenue Material Processing
Supervisor; Bede
Reflexology – Reflexologist
Karen Curry 102 North River; Apt. 308 Retired – Manager
James Fowler III 20 East Milwaukee; Suite 205 Attorney
Wade Hallett 221 Oakland Avenue LeMans – Purchasing
Creative Community Living
Sandy Heidecker 1105 Kellogg Avenue; Apt. A7 Services – Caregiver
Francis James 1158 Richardson Street Retired – General Motors
Universal Electronics – Test
Andrew Kronquist 3412 Canterbury Engineering Manager
Name Address Occupation
School District of Janesville
Carrie Kulinski 3225 Hampshire Road – ATODA/CRES Coordinator
Tom Lemmer 324 Linn Street Family Dollar
Gary Schmidt 3718 Chesapeake Avenue General Motors – Assembler
William Schneider Schneider Apfel Schneider &
(eligible for re-Schneider Funeral Home –
appointment) 1722 North Harmony Drive Funeral Director
Phil Schram 1228 Grace Street SSI Technologies – Engineer
Consigny Law Firm –
Mark Schroeder 3455 Poplar Lane Attorney
City of Whitewater –
Brian Uhl 4246 Huntinghorne Drive Detective
Corneille Law Group –
Lynne Veitenheimer 514 North Garfield Avenue Paralegal
Kenneth Wolf 1142 Richardson Street Unemployed (Lear) - Student
The applicants below indicated on their Committee Member Application Form a desire to serve
on “Any Committee”.
Karen Curry
Sandy Heidecker
Francis James
Andrew Kronquist
Tom Lemmer
Gary Schmidt
Phil Schram
Lynne Veitenheimer
Kenneth Wolf
OPERATIONS DIVISION MEMORANDUM
April 2, 2009
TO: City Council
FROM: Peter Riggs, Assistant Operations Director
SUBJECT: Introduce and schedule a public hearing on a proposed ordinance
regulating the display of material harmful to minors within the City
of Janesville (File Ord. No. 2009-430)
Summary
This memo explains the State and local regulations concerning sexually oriented
businesses and exposing children to harmful material. The memo also explains
the provisions of Proposed Ordinance No. 2009-430 regulating the display of
material harmful to minors. Proposed Ordinance No. 2009-430 requires that
“harmful material” not be displayed in a way that could expose minors, as
members of the generally invited public, to view these “harmful materials.” Staff
recommends the adoption of Proposed Ordinance No. 2009-430.
Staff Recommendation
Staff recommends the City Council adopt Proposed Ordinance No. 2009-430
regulating the display of “harmful material” to minors.
Suggested Motion
I move to approve File Resolution No. 2009-430.
City Manager Recommendation
The City Manager concurs with staff’s recommendation.
Request
Councilmember Steeber requested a report and ordinance regulating the display
of sexual toys and novelties.
Background
Councilmember Steeber contacted the City Manager’s Office with a concern
about sexually oriented material including sexual toys and novelties on display at
Spencer Gifts, a store located in the Janesville Mall. City staff verified that the
material was on display at the store and that the material was not kept in a
separate room or obscured from the view of store patrons. Staff determined that
the sexual material did not exceed the 10% rule outlined in Janesville General
Ordinance 5.82 and thus the establishment does not require an Adult Oriented
Business license. Store staff indicated they monitor the area where the material
1
is displayed and attempt to keep minors away from the material. The material is
not kept in a separate room and the material is viewable as an invited member of
the public in the store. It is Janesville Mall policy that all minors ages 12 and
under must be accompanied by an adult while in the mall. It is reasonable to
assume that minors have been exposed to this material.
Local and State Regulations
The City of Janesville regulates adult oriented businesses in Chapter 5.82 of the
General Code of Ordinances. This ordinance was adopted in 2002. This
ordinance requires a license for any business with 10% or more of their business
income, inventory, or floor space comprised of materials depicting or describing
“specified sexual activities” or “specified anatomical areas.” 10% was chosen as
the threshold based on extensive peer community and case law research
performed at the time the ordinance was initially proposed. City zoning code
(18.36.040 (B) (4) (b) (2)) permits licensed adult oriented businesses to locate in
the B4: Business Highway District. The license and ordinance require that
minors are prohibited from adult oriented businesses.
Wisconsin State Statute 948.11 concerns exposing a child to harmful material or
harmful descriptions or narrations, these terms are defined in Wisconsin State
Statute 948.11 (1). Selling, renting, exhibiting, playing, distributing, or loaning
§
harmful material to a minor is a violation of the state statute and is a Class I
felony. A Class I felony is punishable by a fine not to exceed $10,000 or
imprisonment not to exceed 3 years and 6 months, or both (Wisconsin State
Statute 939.50 (3) (i)). The statute defines “harmful material” as any picture,
§
photograph, drawing, sculpture, motion picture film, or similar visual
representation or image of a person or portion of the human body that depicts
nudity, sexually explicit conduct, sadomasochistic abuse, physical torture, or
brutality, and that is harmful to children. “Harmful to children” is defined as that
quality of any description, narrative account or representation, in whatever form,
of nudity, sexually explicit conduct, sexual excitement, sadomasochistic abuse,
physical torture, or brutality, when it: predominantly appeals to the prurient,
shameful, or morbid interest of children; is patently offensive to prevailing
standards in the adult community as a whole with respect to what is suitable for
children; and, lacks serious literary, artistic, political, scientific, or educational
value for children, when taken as a whole. The state statute addresses a person,
providing or exhibiting the harmful material to a child. A “person” is defined as
an individual, partnership, association, corporation, or other legal entity of any
kind.
Businesses that do not exceed the 10% rule are not prohibited from allowing
minors upon their premises. Thus, it is possible for a business to have on display
harmful material that is accessible and viewable by minors. A business that
displays “harmful material" in an area that is accessible and/or viewable by
minors could be in violation of Wisconsin State Statute 948.11(2) (a). Four
§
conditions must be met for a violation of the statute to occur. First, the defendant
2
sold, exhibited, transferred, and/or loaned material to a minor. Second, the
defendant had knowledge of the nature of the material. Third, the material was
harmful to children. Fourth, the minor had not attained the age of 18 years at the
time of the alleged offense.
Peer City Research
Research was performed to determine how comparable communities in
Wisconsin regulate the display of “harmful material.” We found that the Cities of
Beloit, Eau Claire, Appleton, and La Crosse have local ordinances that regulate
material that is “harmful to minors.” Appleton has adopted Wisconsin State
Statute 948.11 by reference and the Eau Claire and La Crosse ordinances have
language similar to Wisconsin State Statute 948.11. City of Beloit ordinance
15.02 concerns “obscene material” and does not specifically address materials
that are harmful to minors. The Cities of Fond Du Lac, Manitowoc, Oshkosh,
Brookfield, Green Bay, Kenosha, Racine, Waukesha, Wausau, West Allis, and
Wauwatosa do not have local ordinances that specifically address material that is
“harmful to minors.”
The City of Madison and the City of Milwaukee were also examined. City of
Madison ordinance 26.05 regulates “harmful materials” and is similar to
Wisconsin State Statute 948.11. It also prohibits allowing entry of minors to any
premises where harmful material is exhibited. City of Milwaukee ordinance 106-
9.6 regulates the display of material harmful to minors and marital aid devices.
The Milwaukee ordinance prohibits the display of these items in a location where
minors, as members of the invited general public, may be exposed to view the
materials. The City of Milwaukee issued four citations for failure to comply with
its ordinance in 2008 and no citations were issued in 2005, 2006, or 2007. The
City of Milwaukee City Attorney’s Office stated that the Milwaukee ordinance was
adopted in 1988 and amended in 1996. They stated it is relatively rare for a
citation to be issued for this offense.
Proposed Ordinance Summary
Proposed Ordinance No. 2009-430 was modeled after City of Milwaukee
ordinance 106-9.6. It is the intent of Proposed Ordinance No. 2009-430 to
proactively address prohibiting the exposure of children to “harmful materials” as
defined in the proposed ordinance. It is a violation of this ordinance to knowingly
display “harmful materials” to minors in such a way that minors, as members of
the general invited public, may be exposed to view these materials. Marital aid
devices were not included in the proposed ordinance draft due to the inability to
clearly or adequately define what items would be subject to regulation, especially
to the degree necessary to survive potential judicial scrutiny, and lack of case
law that specifically permits regulation of the display of this material. The
proposed ordinance is similar to several other ordinances and state statutes that
have been upheld in court challenges.
3
The City of Janesville’s current approach to this issue relies on enforcing
Wisconsin State Statute 948.11, meaning that in order to enforce the statute a
minor must be exposed to the harmful material. The exposure has already
occurred before any legal action may be taken. Proposed Ordinance No. 2009-
430 creates a proactive approach that allows enforcement and corrective action
to be taken prior to victimization, and limit or eliminate the potential for the
exposure to occur; thus, preventing victimization. This will be accomplished by
requiring that “harmful materials” be displayed in such a way that minors cannot
view them, such as creating a separate room accessible to only those 18 years
or older, or covering the material so that the harmful portion cannot be seen by
minors. It will be the responsibility of the establishment and each employee to
ascertain the age of any minor accessing the harmful material.
The penalty for violating this ordinance will result in the imposition of a forfeiture
of not less than $100 and not more than $500. Each day of violation is
considered a separate offense.
CC: Eric Levitt, City Manager
Jacob J. Winzenz, Director of Administrative Services
Wald Klimczyk, City Attorney
Tim Wellnitz, Assistant City Attorney
4
ORDINANCE NO. 2009-430
An Ordinance regulating the display of material harmful to minors within the City of Janesville, with a
penalty for violation thereof as set forth in proposed JGO 9.23.030.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I.
The contents page of Title 9 of the Code of General Ordinances of the City of Janesville
is hereby amended to read as follows:
“Title 9
PUBLIC PEACE, MORALS AND WELFARE*
Chapters:
I. OFFENSES BY OR AGAINST PUBLIC OFFICERS AND GOVERNMENT
9.03 Fire Department Regulations
9.06 Advertising on Government Buses
II. OFFENSES AGAINST THE PERSON
III. OFFENSES AGAINST PUBLIC DECENCY
9.08 Obstructing or Resisting an Officer
9.15 Disorderly Houses
9.18 Gambling
9.21 Indecent Exposure
9.23 Display of Material Harmful to Minors
9.27 Spitting
IV. OFFENSES AGAINST PUBLIC PEACE
9.30 Drug Houses and Criminal Gang Houses
Prostitution Houses and Gambling Houses Prohibited
9.32 Chronic Nuisance Premises
9.34 Burglar alarms, Systems and Users
9.39 Disorderly Conduct
9.42 Disturbing the Peace
9.45 Mob action and Civil Disobedience
9.50 Curfew Ordinance
9.52 Truancy; Contributing to Truancy
9.54 Purchase or Possession of Cigarettes or Tobacco
Products by Children
________________________
* For statutory provisions concerning criminal activities, see Wis. Stat. §66.0107.
V. OFFENSES AGAINST PROPERTY
9.57 Cemetery Hours
9.60 Care and Use of Public Property
9.66 Property Offenses
9.68 Worthless Checks
VI. CONSUMER PROTECTION
9.72 Drug Samples
VII. OFFENSES BY OR AGAINST MINORS
VIII. WEAPONS
9.84 Concealed Weapons
9.87 Firearms”
SECTION II.
Chapter 9.23 of the Code of General Ordinances of the City of Janesville is hereby
created to read as follows:
“CHAPTER 9.32
DISPLAY OF MATERIALS HARMFUL TO MINORS
9.23.010 Definitions
A. “Harmful to minors” means that quality of any description or representation, in
whatever form, of nudity, or sexual conduct when it:
1. Predominantly appeals to the prurient, shameful, or morbid interests of minors
in sex.
2. Is patently offensive to contemporary standards in the adult community as a
whole with respect to what is suitable sexual material for minors.
3. Taken as a whole, lacks serious literary, artistic, political, or scientific value.
B. “Knowingly” means having general knowledge of, or reason to know, or a belief, or
ground for belief which warrants further inspection or inquiry of both:
1. The character and content of any material which is reasonably susceptible of
examination; and
2. The age of the minor.
C.. “Material” means any book, cassette, magazine, motion picture film, newspaper,
pamphlet, poster, print, picture, slide, figure, image, description, record, recording tape,
or video tape.
D. “Minor” means any person under the age of 18 years.
E. “Nudity” means: the intentional or knowing showing or revealing of a human bare
buttocks, anus, perineum, anal region, anal or natal cleft or cleavage, pubic area, male
genitals, testicle, female genitals, vulva, female nipple, female areola, or female breast
below the point immediately above the top of the areola, whether or not in a state of
sexual stimulation or arousal, with less than a fully opaque covering; or the showing or
revealing of human male genitals in a discernible erect or turgid state, even if
completely and opaquely covered.
F. “Person” means any individual, partnership, association, corporation, or other legal
entity of any kind.
G. “Sexual conduct” includes any of the following depicted sexual conduct:
1. Any act of sexual intercourse, actual or simulated, including genital, anal-
genital, or oral-genital intercourse, whether between human beings or between a
human being and an animal.
2. Sadomasochistic abuse meaning flagellation or torture by or upon a person who
is nude or clad in undergarments or in a revealing costume, or the condition of
being fettered, bound, or otherwise physically restricted on the part of one so
clothed.
3. Masturbation or lewd exhibitions of the genitals, including, but not limited to,
any explicit, close-up representation of a human genital organ.
4. Physical contact or simulated physical contact with the clothed or unclothed
pubic areas or buttocks of a human male or female or the breasts of the female,
whether alone or between members of the same or opposite sex, or between
humans and animals in an act of apparent sexual stimulation or gratification.
5. An act of sexual assault where physical violence or drugs are employed to
overcome the will of, or to achieve the consent of, a person to an act of sexual
conduct, and the effects or results of the violence or drugs are shown.
9.23.020 Prohibition
No person having custody, control, or supervision of any commercial establishment may
knowingly display any material whose cover, covers, or packaging, standing alone, is harmful
to minors, in such a way that minors, as part of the invited general public, will be exposed to
view the material or in such a way that the material is easily visible from a public thoroughfare
or sidewalk. A person shall not be deemed to have displayed material harmful to minors if
those portions of the cover, covers, or packaging containing such material harmful to minors
are blocked from view by an opaque screen, border, or cover. An honest mistake regarding the
age of a minor shall constitute an excuse from liability if the defendant made a reasonable bona
fide attempt to ascertain the true age of the minor. A person shall not be deemed to have
displayed material harmful to minors if the defendant had reasonable cause to believe that the
minor had attained the age of 18 years, and the minor exhibited to the defendant a driver’s
license, state issued identification card or other official or apparently official document
purporting to establish that the minor had attained the age of 18 years. A defendant who raises
this affirmative defense has the burden of proving this defense by a preponderance of the
evidence.
9.23.030 Penalty
Any person who violates any provision of this ordinance shall, upon conviction, forfeit not less
than $100 and more than $500, together with the costs of prosecution, for each offense, or, in
default of payment, may be imprisoned in the county jail for not more than thirty days. Each
day in which a violation continues shall constitute a separate and distinct offense.”
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: Councilmember Steeber
Prepared by: Assistant Operations Director and
Assistant City Attorney
Community Development Department Memorandum
Date: April 13, 2009
TO: Janesville City Council
FROM: Duane Cherek, Manager of Planning Services
SUBJECT: Introduce, refer to Plan Commission and schedule a public hearing on a
proposed ordinance rezoning a small portion of Southern Wisconsin
Regional Airport Property from Agriculture to M1, Light Industrial; and the
area encompassing the Glen Erin Golf Course located west of USH 51
from M1, Light Industrial, and Agriculture to Conservancy (File Ordinance
No. 2009-434).
_____________________________________________________________________
Scott Heinig, on behalf of Rock County, has requested the rezoning of a portion of
property located at the Southern Wisconsin Regional Airport. Rock County owns the
Southern Wisconsin Regional Airport, which was annexed to the City in June 2007.
Approximately 171 acres of airport property located south of existing runways and other
operational facilities is developed with the Glen Erin golf course. The golf course is
currently zoned M1, Light Industrial and A, Agriculture. Rock County is requesting to
rezone the golf course to Conservancy to distinguish this land area from the adjoining
aviation facilities proposed for inclusion in Tax Increment Finance (TIF) District 34. The
TIF is being created to retain existing and stimulate future development of businesses at
the Airport. A small portion of airport property west of the golf course, zoned
Agriculture, is included in the TIF 34 boundary. This area is proposed for M1 zoning
consistent with the balance of land at the Airport to be included in TIF 34.
The Community Development Department recommends that following the first reading
of Ordinance No. 2009-434 it be referred to the Plan Commission for review and
recommendation and scheduled for public hearing on May 26, 2009.
cc: Brad Cantrell
Eric Levitt
Jay Winzenz
ORDINANCE NO. 2009-434
An ordinance changing the zoning classification of a small portion of Southern
Wisconsin Regional Airport Property from Agriculture to M1, Light Industrial; and
the area encompassing the Glen Erin Golf Course located west of USH 51 from
M1, Light Industrial, and Agriculture to Conservancy with a penalty and injunctive
relief for a violation thereof as set forth in Section 18.28.010 of the Code of
General Ordinances of the City of Janesville.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS:
SECTION II.
The zoning classification of the following described property is hereby
changed from Agriculture to M1, Light Industrial:
Property located in Section 26, T.2N., R.12E., Township of Rock, Rock County,
Wisconsin, more fully described as follows:
o
Commencing at the W ¼ corner of said Section 26, thence N030’30.46”W,
920.00 feet along the West line of said NW ¼, to the point of beginning: Thence
oo
N3254’22”E, 437.09 feet; thence N6855’42”E, 87.02 to the quarter quarter
o
section line of the NW ¼ of said Section 26; thence N8917’34.91”W, 322.25 feet
following the quarter quarter section line of the NW ¼ of said Section 26; thence
o
S030’30.46”E, 402.22 feet to the point of beginning.
SECTION II.
The zoning classification of the following described property is hereby
changed from M1, Light Industrial, and Agriculture to Conservancy:
A parcel of land located in the NE ¼, NW ¼ and the NE ¼ - SW ¼ of Section 26,
and the SE ¼ - NE ¼ of Section 27, T.2N., R.12E., Township of Rock, Rock
County, Wisconsin, more fully described as follows:
o
Commencing at the E ¼ corner of said Section 26, thence N8949’33”W,
1323.34 feet along the South line of said NE ¼, to the point of beginning: thence
oo
continuing along said South line N8949’33”W, 1323.05 feet; thence S026’42”E.
368.94 feet to the north right-of-way line of Happy Hollow Road; thence
o
N7728’35”W, along said North line, 104.54 feet; thence continuing along said
oo
North line N8007’35”W, 1235.34 feet; thence N021’44”W, 136.51 feet; thence
ooo
N8954’34”W. 221.35 feet; thence N8102’21”W, 645.22 feet thence S444’16”W,
84.98 feet to the North right-of-way line of Happy Hollow Road; thence
o
N6844’49”W, 255.48 feet along said North line; thence continuing along said
o
North line, N6840’58”W, 216.42 feet; thence continuing along said North line
oo
N6307’01”W, 299.84 feet; thence N5552’46”W, 117.97 feet; thence
oo
N3254’22”E. 1076.43 feet; thence N6855’42”E, 748.41 feet; thence
ooo
S4914’24”E, 476.11 feet; thence N4134’34”E, 862.07 feet; thence N4008’05”E,
oo
194.71 feet; thence N4855’10”W, 46.74 feet; thence N4104’50”E, 546.98 feet;
ORDINANCE NO. 2009-434
PAGE 2
thence along the arc of a curve to the right whose radius is 135.00 feet and
oo
whose long chord bears N8736’25”E. 195.94 feet; thence S4552’00”E, 1301.03
feet; thence along the arc of a curve to the left whose radius is 690.00 feet and
oo
whose long chord bears S6744’35”E. 514.19 feet; thence S8937’10”E, 690.08
oo
feet; thence S020’18”E, 402.32 feet; thence N8950’18”W. 661.10 feet; thence
o
S028’02”E, 996.31 feet to the point of beginning. Also, being a part of Outlot 44,
Assessor’s Plat, Town of Rock.
SECTION III.
This ordinance shall take effect immediately upon adoption by the
Common Council, the public health, welfare, peace, tranquility, good order, public
benefit, and police power so requiring.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
Loasching
Eric Levitt, City Manager
McDonald
Rashkin
ATTEST:
Steeber
Truman
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
City Attorney
Proposed by: Applicant
Prepared by: Community Development Department
CITY MANAGER’S MEMORANDUM
April 6, 2009
TO: City Council
FROM: Eric J. Levitt, City Manager
SUBJECT: Schedule Annual Organizational Meeting
Under State Statutes, the City Council’s organizational meeting must be held on
the third Tuesday of April. At the organizational meeting, the Council elects a
President and Vice President; and is seated.
At Monday night’s Council meeting, I will ask the Council what time of day you
wish the meeting to occur. Also attached is a list of committee appointments that
are made by the Council President. Once the Council President is selected,
please contact him/her with your interests. We need to have the completed list
by April 22 so that committee appointments can be acted on by the Council at the
th
April 27 meeting.
Thank you for your consideration.
smw
attachment
1
2009/2010
COMMITTEES, COMMISSIONS, BOARDS AND AUTHORITY
APPOINTMENTS MADE BY COUNCIL PRESIDENT
COUNCILMEMBER
ALCOHOL LICENSE ADVISORY COMMITTEE
Term: 1 Year (McDonald)
st
(Meet 1 Tuesday each month @ 8:00 a.m.)
CABLE ADVISORY COMMITTEE
Term: 1 Year (Rashkin)
rd
(Meet 3 Monday every other month beginning
in January @ 4:15 p.m.)
COMMUNITY DEVELOPMENT AUTHORITY
Term: 1 Year (Rashkin)
rd
(Meet 3 Wednesday each month @ 5:30 p.m.)
(Steeber)
DOWNTOWN DEVELOPMENT ALLIANCE
Term: 1 Year (Brunner)
nd
(Meet 2 Tuesday each month @ 7:30 a.m.)
(Voskuil)
LEISURE SERVICES ADVISORY COMMITTEE
Term: 1 Year (Loasching)
(Meet 2nd Tuesday every other month @ 7:00 p.m.)
PLAN COMMISSION
Term: 1 Year (McDonald)
strd
(Meet 1 & 3 Monday each month @ 6:30 p.m.)
(Voskuil)
2
RENAISSANCE PARTNERSHIP
Term: 1 Year (Brunner)
(Meet quarterly)
SUSTAINABLE JANESVILLE COMMITTEE
Term: 1 Year (McDonald)
strd
(Meet 1 & 3 Tuesday each month @ 6:30 p.m.)
TIF DISTRICT REPRESENTATIVE
Term: 1 Year (Brunner)
(Meet as business may require)
TRANSPORTATION COMMITTEE
Term: 1 Year (Truman)
nd
(Meet 2 Wednesday in Feb., May, Aug.
& Nov. @ 4:30 p.m.)
3