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#11 Ice Skating Center Advisory Committee CITY MANAGERS OFFICE MEMORANDUM August 13, 2009 TO: City Council FROM:Rebecca Smith, Management Assistant SUBJECT: Action on a Proposal to Establish an Ice Skating Center Advisory Committee (Council Policy Statement 83) Request Council President Truman asked that an agenda item regarding the establishment of an Ice Skating Center Advisory Committee be placed on an upcoming agenda. Recommendation Staff recommends the City Council approve a motion to adopt Council Policy 83 thereby establishing the Ice Skating Center Advisory Committee and outlining the purpose and functions of the committee. City Manager Recommendation Due to a variety of issues occurring at the ice rink including the construction, the addition of a Junior Team and potential future construction issues, I recommend the creation of an Advisory Committee. Suggested Motion I move to adopt Council Policy 83. Background An Ice Arena Advisory Committee was initially established in October 1979 (policy #42) with the purpose of consulting with and recommending to the Council and Manager matter pertaining to the promotion, operation and maintenance of the ice arena. In December 1997, the policy was superseded by an updated one with a similar purpose, but with new text about the arena being leased to a private corporation (policy #76). In April 2008, the Council chose to disband this committee. Staff cited in the report (attached) that the operation had become routine and that meetings were less than an hour in length and usually one or two members were missing. At that time, there had been two instances in six months where meetings were cancelled because a quorum would not be present. As part of disbanding the committee, the Council added to the Leisure Services Advisory Committee a member to represent the ice skating community. Ice Skating Center Advisory Committee (Council Policy 83) Proposed Council Policy 83 (attached) outlines the purpose, membership and functions of the standing Ice Skating Center Advisory Committee. 1 Purpose The purpose of the Ice Skating Center Advisory Committee shall be to advise the City Administration and the City Council on issues regarding the City of Janesville Ice Skating Center. They will also review and make recommendations on matters pertaining to the operation, maintenance, marketing, programming, and fee schedule of the Skating Center based upon the community’s needs and interests. If the City of Janesville begins construction of a new skating center, this committee will also serve in an advisory role for that project. Membership The Committee shall consist of six (6) voting citizen members appointed by the Council President and confirmed by the Council following consultation from the Citizens Advisory Committee on Appointments for a three-year term, and one (1) Councilmember appointed by the Council President subject to confirmation by the Council. At the time of initial appointment of the Committee, two citizen members shall be appointed for one year, two for two years, and two for three years. One citizen member shall represent Janesville’s youth hockey organization; one shall represent Janesville’s figure skating club; one shall represent the NAHL/Wisconsin Hockey Partners (WHP) organization; and one shall represent the Janesville school district. The remaining two citizen members and the Councilmember shall serve at-large. Appointees shall: ? reside within the City of Janesville; ? posses an interest in ice skating services; and ? posses an understanding of the importance of fiscal stability for the City. Staff The Recreation Director or her designee shall serve as a liaison between the Committee and the City Administration. Meetings The committee shall meet as the business of the committee requires, at a time and place determined by the committee. Minutes of the meetings will be recorded and disbursed. These meetings shall be open to the public. Pros and Cons of Establishing an Ice Skating Center Advisory Committee Pros: 1. Citizens desiring an ice skating committee may be able to serve if this committee is formed 2. The ice center has many new initiatives underway and this committee may help with the transition to adding WHP as another user group to the facility 3. The committee may be beneficial if a new ice skating center is constructed 2 Cons: 1. Establishing this committee would reverse a decision made by Council in April 2008 based on a staff report which noted an independent Ice Center Advisory Committee was inconsistent with peer communities, committee meetings tended to be short in length, and the Committee failed to have a quorum twice in 6 months 2. Each committee requires staff time and takes away from other city priorities 3. An ad hoc citizen committee is typically part of the design portion for any new city building; therefore, a standing committee wouldn’t be necessary to accomplish this task Attachments: Council Policy 83, 4/23/2008 staff report on committee composition CC: Eric Levitt, City Manager Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services Jennifer Petruzzello, Neighborhood Services Director Bonnie Davis, Recreation Director 3 CITY OF JANESVILLE Policy No. 83 CITY COUNCIL POLICY STATEMENT Date Issued General Subject: Ice Skating Center Advisory Committee Effective Date Specific Subject: Committee Functions and Activities Cancellation Date Supersedes No. PURPOSE To establish, define, and record the role of the Ice Skating Center Advisory Committee. STATEMENT OF POLICY The purpose of the Ice Skating Center Advisory Committee shall be to advise the City Administration and the City Council on issues regarding the City of Janesville Ice Skating Center. They will also review and make recommendations on matters pertaining to the operation, maintenance, marketing, programming, and fee schedule of the Skating Center based upon the community’s needs and interests. The role of the Committee will be advisory, reflecting the perceptions of a broadly based group of representative participants and community residents. If the City of Janesville begins construction of a new skating center, this Committee will also serve in an advisory role for that project. Membership – Appointment The Committee shall consist of six (6) voting citizen members appointed by the Council President and confirmed by the Council following consultation from the Citizens Advisory Committee on Appointments for a three-year term, and one (1) Council Member appointed by the Council President subject to confirmation by the Council. The Council Member appointment shall be for a one-year term ending on the third Tuesday in April. At the time of initial appointment of the Committee, two citizen members shall be appointed for one year, two for two years, and two for three years. One citizen member shall represent Janesville’s youth hockey organizations; one shall represent Janesville’s figure skating clubs; one shall represent the NAHL/Wisconsin Hockey Partners organization; and one shall represent the Janesville School District. The remaining two citizen members and the Council Member shall serve at-large. Each Committee appointee and member shall also: (1) be a Janesville resident at the time of appointment and throughout their tenure; (2) possess an interest in ice skating services; and (3) possess an understanding of the importance of fiscal stability for the City. The Committee shall select its Chair. The Recreation Director or his/her designee shall serve as a liaison between the Committee and the City Administration. The Committee shall meet as business may require. CITY MANAGER’S OFFICE MEMORANDUM April 23, 2008 TO:Steven Sheiffer, City Manager FROM:Rebecca Smith, Management Assistant SUBJECT:Action on proposed amendments to Council Policy Statements #66-A (Alcohol License Advisory Committee), #41 (Golf Advisory Committee), #49 (Leisure Services Advisory Committee) and #43 (Transportation Committee). Introduce and schedule a public hearing for Charter Ordinance No. 2008 – 01 to amend certain current charter ordinance sections of the City of Janesville. Then Council President George Brunner asked the Administration to examine the composition of Janesville’s Commissions, Boards and Committees. This memo will outline the composition of Janesville’s committees, compare Janesville to other council- manager communities and make recommendations for change. Background Information Janesville has sixteen standing committees. Of those, 9, or 56%, are comprised of a combination of citizens and Councilmembers. There are five committees (31%) that include no Councilmembers and two (13%) are comprised of only Councilmembers. Table 1 details the presence of Councilmembers on Janesville’s standing committees. The composition of standing committees is determined through a Council Policy Statement, a City or Charter ordinance (described in Attachment 1) or by a state statute requirement. The City Council is not able to change the membership of committees determined by state statutes. The Council may choose to change the membership of any committee in which the Council authorized its existence or membership. Table 2 details how the composition of each of Janesville’s standing committees was determined. This table indicates the City Council is not able to change the composition of the Community Development Authority, Library Board of Trustees, Police & Fire Commission and Zoning Board of Appeals. A survey of Janesville’s comparable council-manager form of government communities was completed to understand the composition of standing committees in other communities. Please find attached Table 3: Composition of Boards, Committees & Commissions which details the structure of other comparable committees. Analysis Staff analyzed the composition of Janesville’s committees in comparison to the peer cities to highlight differences, similarities and items of interest. 1 Alcohol Licensing Advisory Committee (ALAC) Two of the four comparables, or 50%, have an ALAC with one council representative. In communities without an alcohol committee, staff makes recommendations directly to the City Council for decision. Janesville’s composition is dissimilar to the peers because our ALAC includes two council representatives. This means 40% of the voting membership is Councilmembers, while Council membership in the peers ranges from 12.5% to 20%. Cable Advisory Committee Two of the four comparables, or 50%, have a cable committee with one council representative. This composition compares similarly to Janesville’s committee with one council representative. Citizens Board of Review 100% of comparables have a Board of Review. Three (75%) compare similarly to Janesville with no council representatives. One peer (25%) utilizes a different approach to composition that includes the entire Council, various staff members and no citizen members. Community Development Authority (CDA) 100% of comparable cities have a CDA. One peer (25%) compares similarly to Janesville by utilizing an in-house approach with identical composition, as required by state statute. The other three peers (75%) utilize an approach in which a non-city entity administers the Authority; in those situations, the governing body is five members with one council representative. Golf Course Advisory Committee One of two comparable cities having municipal golf operations, or 50%, has a golf committee with no council representation. The other community having golf operations handles golf topics internally or discusses them at Leisure Services Advisory Committee meetings. Janesville’s composition is dissimilar to the peers because we utilize a golf committee and include one council representative. The City contracts with a private firm to manage the daily operations of the courses. Staff indicates the golf committee is important because they provide Leisure Services staff with helpful feedback and perspective on lease decisions and issues that arise when using contacted services. A councilmember representative is not necessary on this committee because any lease changes would be brought to the entire Council for decision. Historic Commission 100% of comparable cities have a Historic Commission and all include one council representative on the committee. Janesville’s composition is dissimilar to the peers because our Historic Commission includes no council representation. Staff indicates the reason this committee includes no Councilmembers is because no Historic Commission actions are forwarded to the Council. This committee serves an advisory role to property owners and Community Development staff. A property owner may choose not to follow the recommendations from the Historic Commission by waiting six months or appealing to the Plan Commission. 2 Ice Skating Advisory Committee One comparable (25%) has municipal indoor ice skating operations and a skating advisory committee is not used. Instead, any skating topics are handled internally or discussed at Leisure Services Advisory Committee meetings. Janesville’s composition is dissimilar to this peer because we utilize a skating committee and include one council representative. When the City contracted with a private firm to manage the daily operations of the skating center, the committee was very helpful in providing feedback and perspective on leasing decisions. Now that the skating center is managed by City staff and the operations have become dependable, the need for the skating committee has diminished. Committee meetings typically last for 45 minutes and usually one or two members are missing. In the last six months, there have been two instances where meetings were cancelled because a quorum would not be present. Leisure Services Advisory Committee 100% of comparable cities have a Leisure Services Advisory Committee and all include at least one council representative. This composition compares similarly to Janesville’s committee with one council representative. Janesville’s committee also includes one non-voting representative from the Golf Course Advisory Committee. Staff indicates this representative rarely attends meetings and is not necessary because there is little to no golf discussion taking place at these meetings. If the Council elects to disband the Ice Skating Advisory Committee, staff recommends a voting member representing the ice skating community be added to the Leisure Services Advisory Committee to replace the representative from the Golf Course Advisory Committee. Library Board of Trustees 100% of comparable cities have a Library Board. One peer, or 25%, compares similarly to Janesville by operating a Municipal Library. This board’s composition is identical to Janesville and includes nine citizen members with no council representatives, as required by state statute. Three peers, or 75%, operate a joint library. Their boards include nine or ten members with zero or one council representatives. Joint boards are allowed more composition flexibility to ensure all participating communities are represented. Metropolitan Planning Organization (MPO) – Policy Board 100% of comparable cities have a MPO with one or two council representatives. This composition is dissimilar to Janesville because our portion of the MPO Policy Board includes the entire Council. Community Development staff believe it’s important for the entire Council to be a part of the MPO Policy Board to ensure the City of Janesville’s voice is not diluted in this multi- jurisdictional board. The City of Janesville is the largest jurisdiction represented in the MPO and the issues discussed greatly affect the City. Staff also believes having the Council informed of MPO issues from the start provides continuity and full understanding of the sometimes complicated MPO issues. Additionally, the Council must vote on all transportation projects brought forward through the MPO. 3 Park Land Acquisition Committee None of the comparable cities have a specific committee to discuss park land acquisitions. Peer communities utilize their staff to make acquisition recommendations directly to the City Council for decision. Janesville’s composition is dissimilar to the peers because we utilize a special Park Land Acquisition Committee that is comprised of three Councilmembers. Although this committee is an official standing committee, there have no been park land acquisition meetings for several years. Due to the confidential nature of land sales, conversations related to acquiring land would be discussed with the entire Council in closed session initially and then discussed formally during a Plan Commission and Council meeting for decision. Plan Commission 100% of comparables have a Plan Commission with total membership ranging from seven to nine members. Three of the four, or 75%, include one council representative, while one peer (25%) includes two council representatives. Council membership on the Plan Commission ranges from 11.1% - 14.3% in the peers utilizing one council representative and 22.2% in the peer utilizing two Councilmembers. Janesville is similar to the peers in that the Plan Commission is comprised of seven members; however, our Plan Commission includes two council representatives, placing our Council membership at 28.6%. Police and Fire Commission (PFC) 100% of comparables have a PFC. All compare similarly to Janesville with five members and no council representation, as required by state statute. Public Works Committee None of the comparable cities have a specific committee to pre-qualify contractors, receive bids and make recommendations to the full City Council on contract awards. Peer communities utilize their staff to pre-qualify contractors, receive bids and make recommendations directly to the City Council for contract awards. Janesville’s composition is dissimilar to the peers because we utilize a special Public Works Committee that is comprised of three Councilmembers. Public Works staff indicates all of the tasks of this committee are duplicated by the entire City Council. Transportation Committee Three of the four comparables, or 75%, have a transportation committee with seven members. Two of the three, or 66.7%, include one council representative, while one (33.3%) has no council representation. Janesville’s composition is dissimilar to the peers because our committee is comprised of five members and contains three Councilmembers. This means 60% of the voting membership is Councilmembers, while Council membership in the peers ranges from 0% to 14%. The Transportation Committee requires a councilmember to chair the meetings. This requirement is dissimilar to the rest of Janesville’s committees because a councilmember or a citizen may chair the meetings. Zoning Board of Appeals (ZBA) 100% of comparables have a ZBA. All compare similarly to Janesville with five members and no council representation, as required by state statute. 4 Pros and Cons of Less Councilmembers on Committees Pros: 1. Less Councilmembers on committees would allow more citizens to become involved in their local government through committee participation. 2. Councilmembers may feel less burdened and may find more meaning in their Councilmember role if they are on fewer committees. Cons: 1. The communication and interaction among committee members and Councilmembers may decrease. 2. The Council may feel less confident in their understanding of the wishes or concerns of the committees. 3. Councilmembers who enjoy taking part in committees will have less opportunity to participate. Recommendation Staff recommends the following actions related to Janesville’s standing committees: ? Replace one of the two Council representatives on the ALAC with a citizen. ? Replace the Council representative on the Golf Course Advisory Committee with a citizen. ? Disband the Ice Skating Center Advisory Committee. Add a representative of the ice skating community to the Leisure Services o Advisory Committee if the Ice Skating Center Advisory Committee is disbanded. ? Remove the non-voting golf representative from the Leisure Services Advisory Committee. ? Disband the Park Land Acquisition Committee. ? Replace one of the two Council representatives on the Plan Commission with a citizen. ? Disband the Public Works Committee and vest their powers in the City Engineer. ? Replace two Council representatives on the Transportation Committee with two citizens. The committee would continue to include one Council representative. ? Allow a councilmember or a citizen to chair the Transportation Committee. Council Policy Statement Changes Please find attached updated Council Policy Statements reflecting the recommended changes. To amend the Statements, a Councilmember should state the motion below and name the ones to be changed. Following the motion and a second, a vote of the Council will be called. Motion: I hereby move the amendment and repeal, as applicable, of the various common council policy statement sections as set forth below. Options: ? Replace one Council representative on the ALAC with a citizen. ? Replace the Council representative on the Golf Course Advisory Committee with a citizen. 5 ? Disband the Ice Skating Center Advisory Committee. Add a representative of the ice skating community to the Leisure Services o Advisory Committee if the Ice Skating Center Advisory Committee is disbanded. ? Remove the non-voting golf representative from the Leisure Services Advisory Committee. ? Disband the Park Land Acquisition Committee. ? Replace two Council representatives on the Transportation Committee with two citizens. ? Allow a councilmember or a citizen to chair the Transportation Committee. Charter Ordinance Changes Please find attached Charter Ordinance No. 2008 – 01 which reflects the Administration’s recommendations to disband the Public Works Committee and vest their powers in the City Engineer; and replace one Council representative on the Plan Commission with a citizen. Following the introduction, the Administration recommends the City Council schedule a public hearing on May 12, 2008 for Charter Ordinance No. 2008 – 01. CC: Herb Stinski, Administrative Services Director/Assistant City Manager Jay Winzenz, Assistant Administrative Services Director Wald Klimczyk, City Attorney Attachment 1: What is a charter ordinance? Every city has a charter that establishes the form and substance of the City’s structure and operation. Janesville’s charter establishes the Public Works Committee and details the composition of the Plan Commission. To make changes to the charter, the Council must pass a charter ordinance. Charter ordinances are more involved than typical “general ordinances”. ? Amending a Charter Ordinance requires a two--thirds vote, or 5 affirmative votes, of the Common Council, instead of a simple majority (4 votes). ? A Charter Ordinance does not take effect until 60 days after its passage and publication. If citizens oppose the Charter Ordinance, they may use this 60 day time period to gather the appropriate signatures to require a referendum on the Charter Ordinance. 6 Table 1: Councilmember Presence on Committees No Only # of Councilmembers Councilmembers Councilmembers ServingComboServingServing Committee 1ALACX2 2CableX1 3Board of ReviewX0 4CDAX2 5Golf AdvisoryX1 6Historic CommissionX0 7Ice SkatingX1 8Leisure AdvisoryX1 9LibraryX0 10MPO (Policy)*X*7* 11Park Land AcquisitionX3 12Plan CommissionX2 13PFCX0 14Public WorksX3 15TransportationX3 16ZBAX0 Total592 Percentage of Total31%56%13% *Janesville's portion of the MPO policy board is comprised of only Councilmembers and the City Manager. The remaining portion is comprised of elected officials from Rock County, Milton, WiDOT and area townships. Table 2: How Committee Composition is Determined Can the Council Change the How is the Composition of the CommitteeComposition? Committee Determined? 1ALACCouncil Policy #66-AYes 2CableCouncil Policy #72Yes 3Board of ReviewCharter Ordinance Chapter 2.20Yes 4CDAState statute 66.1335No 5Golf AdvisoryCouncil Policy #41Yes 6Historic CommissionCity Ordinance Chapter 18.36.070Yes 7Ice SkatingCouncil Policy #76Yes 8Leisure AdvisoryCouncil Policy #49Yes 9LibraryState statute 43.54No Yes, as members of 10MPO (Policy)MPO bylaws dated 7/14/03the Policy Board. 11Park Land AcquisitionCouncil Policy #40Yes 12Plan CommissionCharter Ordinance Chapter 2.48.020Yes 13PFCState statute 62.13No 14Public WorksCharter Ordinance Chapter 2.32Yes 15TransportationCouncil Policy #43Yes 16ZBAState statute 62.23 (7)No 7 Table 3: Composition of Boards, Committees & Commissions The Total column indicates the total number of board, committee or commission voting members. The Council column indicates the number of Councilmembers serving on each board, committee or commission. Non-voting (ex-officio) members were not included in the composition totals, except for Janesville's Public Works Committee where the ex- officio member is the Chair. Board of Historic Leisure ALACCableReviewCDAGolf AdvisoryCommissionIce SkatingAdvisory Community TotalCouncilTotalCouncilTotalCouncilTotalCouncilTotalCouncilTotalCouncilTotalCouncilTotalCouncil Beloit816150727081NA-Has center91 Eau ClaireNANA141151NA-No golf courses71NA-No center122 Fond du Lac51NA5051NA-No golf courses71NA-No center91 OshkoshNA715051NA-Has golf courses71NA-No center81 Janesville52715072517071101 Park Land Plan LibraryMPO (Policy)AcquisitionCommissionPFCPublic WorksZBA Transportation Community TotalCouncilTotalCouncilTotalCouncilTotalCouncilTotalCouncilTotalCouncilTotalCouncilTotalCouncil Beloit90101NA8150NA7050 Eau Claire101171NA9250NANA50 Fond du Lac91102NA7150NA7150 Oshkosh10061NA9150NA7150 Janesville90167337250335350 8 CHARTER ORDINANCE NO. 2008 – 01 CITY OF JANESVILLE Amendments To Certain Current Charter Ordinance Sections of the City of Janesville The Common Council of the City of Janesville hereby do ordain as follows: SECTION I. Charter Ordinance Chapter 2.32 of the Code of Ordinances of the City of Janesville is hereby repealed and recreated to read as follows: “2.32 Committee (Board) of Public Works Chapter 2.32 COMMITTEE (BOARD) OF PUBLIC WORKS** Powers Vested in City Engineer Sections: 2.32.010 Composition – City Engineer. 2.32.020 Powers and duties. 2.32.030 Charter ordinance. 2.32.010 Composition – City Engineer. As authorized and empowered by Wis. Stats. § 62.14, in particular Wis. Stats. § 62.14(1), the “committee of public works” and “board of public works” of the City shall be the City Engineer. 2.32.020 Powers--Duties . The City Engineer shall have all of the powers, duties, responsibilities, obligations, rights, titles and privileges vested by state law in the “committee of public works” and the “board of public works.” The City Engineer is hereby vested with all power and authority, and charged with all duties and acts as prescribed in the statutes of the state for a board and/or committee of public works. Whenever and wherever reference in any City Charter or General Ordinance, resolution, policy statement, by-law, rule, contract or other document is made to the “committee of public works” or “board of public works,” those terms shall henceforth mean the City Engineer.” 2.32.030Chapter Ordinance . Pursuant to Wis. Stats. § 66.0101, as from time to time amended or renumbered, concerning charter ordinances, this charter ordinance shall apply regardless of any other ordinance(s) or Wisconsin State statute(s) to the contrary which shall cease to be in effect in Janesville, pursuant hereto and Section 66.0101(4) and other applicable provisions of the Wisconsin Statutes.” SECTION II. Charter Ordinance Sections 2.48.020 and 2.48.030 of the Code of Ordinances of the City of Janesville are hereby respectively amended to read as follows: 9 “2.48.020 Charter Ordinance – Plan Commission Membership and Appointments – Council Confirmationone . The City Plan Commission shall consist of two members of the six Common Council and five city citizen members. The members of the Plan Commission shall select their own presiding officer, from time to time. The Council Members on the Plan Commission shall be appointed by the Council President, subject to confirmation by the Common Council, in accord with Janesville Charter Ordinance No. 80-A adopting Charter Ordinance Section 2.04.150. The City Manager shall continue to appoint the non-council members to the Plan Commission, which appointments shall remain not subject to council approval. Pursuant to Section 66.0101 of the as from time to time amended or renumbered Wisconsin Statutes, , concerning charter ordinances, this charter ordinance shall apply regardless of any other ordinance(s) or Wisconsin State statute(s) to the contrary which shall cease to be in effect in Janesville, pursuant hereto and Section 66.0101(4) and other applicable provisions of the Wisconsin Statutes. 2.48.030 Election--Appointment--Term of office . The members of the city plan commission from the council, and likewise the citizen members of said commission, shall be elected or appointed for such terms and in such manner, all as provided in Section 62.23 of the Wisconsin Statutes, as from time to time amended or renumbered, except as set forth in Chapter 2.48 of the Code of Ordinances of the City.” SECTION III. All other provisions and sections of the Charter Ordinance(s) of the City of Janesville not expressly and specifically repealed and recreated, or amended, in the manner set forth above, are hereby reaffirmed and ratified, shall remain unchanged, and shall remain in full force and affect. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Loasching Steven E. Sheiffer, City Manager McDonald Rashkin ATTEST: Steeber Truman Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: City Attorney Proposed by: Councilmember Brunner Prepared by: Management Assistant and City Attorney 10