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Full Agenda Packet CITY OF JANESVILLE CITY COUNCIL MEETING AGENDA MONDAY, August 24, 2009 7:00 P.M. 1. Call to Order and Pledge of Allegiance. 2. Roll Call. 3. Regular meeting minutes of August 10, 2009 City Council meeting. “C” 4. Licenses; and Recommendations of the Alcohol License Advisory Committee including a negative recommendation for an operator’s license for Kyle Hannaford. (Refer to separate agenda.) “C” 5. Action on a motion to approve final Certified Survey Map 09009-C, Norm Weitzel, 2 lots and 1 outlot along Midland Court. “C” 6. Financial statement for the month of July, 2009. “C” 7. Authorizaton for the Administration to deny a liability claim from Lloyd Smith, DDS in the amount of $12,851.95. “C” 8. Action on a proposed resolution celebrating the 150th year of Abraham Lincoln’s visit to the City of Janesville. (File Res. No. 2009-632) 9. Action on a proposed resolution supporting universal access to quality health care. (File Res. No. 2009-629) OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. 2. Requests and comments from the public on matters which can be affected by Council action. ----------------------- “C” – This designation indicates an item that the City Council will take up under a Consent Agenda. City Council Agenda – August 24, 2009 Page 2 NEW BUSINESS 1. Presentation by Sustainable Janesville Committee. 2. Action on a request to open Riverside Park wading pool for Partners in Prevention Family Fun Fest event to be held on September 12, 2009. 3. Action on a request to waive the special event fee for Partners in Prevention Family Fun Fest event to be held on September 12, 2009. 4. Discussion and direction to staff on preparation of Emergency Evacuation Plan to facilitate reconstruction of 1709 Joseph Street. 5. Authorization for the City Manager to enter into a stipulation with Clean Wisconsin for a Water Conservation Program. 6. Discussion and direction to staff on televising City Council study sessions on JATV. 7. Review and approval of an economic development grant to The Crosby Place, LLC at 120 North Crosby Avenue. 8. Action on a proposed resolution approving the acquisition of properties under the Neighborhood Stabilization Program (407 Lincoln Street). (File Res. No. 2009-630) 9. Action on a proposed resolution approving the acquisition of properties under the Neighborhood Stabilization Program (212 Madison Street). (File Res. No. 2009-631) 10. Award of Contracts C2009-22 (storm sewer improvements); C2009-23 (Parker Drive parking structure); and C2009-24 (Highridge greenbelt improvement) for Public Works Bid Schedule “H” – 2009. 11. Presentation and action on proposed Ice Skating Center Advisory Committee (Council Policy Statement 83). 12. Schedule study session for 2009 note issue. 13. Matters not on the Agenda. City Council Agenda – August 24, 2009 Page 3 NEW BUSINESS (CONTINUED) 14 . Consideration of a motion to convene into closed session pursuant to Wisconsin Statute Section 19.85 (1) (e), for the purpose of deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session, specifically setting the negotiation/bargaining terms and conditions for one or more TIF development agreements for TIF 22 and TIF 26. PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING AUGUST 10, 2009 VOL. 60 NO. 13 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on August 10, 2009. The meeting was called to order by Council President Truman at 7:00 PM. Council President Truman led the Council in the Pledge of Allegiance. Present: Council President Truman, Councilmembers Brunner, McDonald, Perrotto, Rashkin, Steeber, and Voskuil. CONSENT AGENDA Minutes of the regular meeting of July 27, 2009 Minutes of the closed session of August 25, 2008 Minutes of the closed session of June 12, 2009 Minutes of the closed session of June 15, 2009 Licenses and Recommendations of the Alcohol License Advisory Committee Council President Truman stated that all items on the consent agenda would be approved if there were no objections. There were none. OLD BUSINESS 1. Requests and comments from the public regarding items on the agenda not requiring a public hearing. Andreah Briarmoon, 339 S. Locust St., commented the Council should have a public hearing regarding the water tower, study sessions should include public input, and all information delivered to the Council should be made available to the public (New Business #3). 2. Requests and comments from the public on matters which can be affected by Council action. Andreah Briarmoon, 339 S. Locust St., stated that the City mutilated her tree and would like $62,000 in damages; requested her property assessment be lowered $10,000, and suggested changes in how we handle code violations. George Green, 402 S. Washington St., expressed his concern about the disrepair of the S. Washington St. storage sheds and stated people may be living there. Police Chief Moore replied that no illegal activity has been found and the owner is working with Code enforcement to correct the situation. 3. Public hearing and action on a final resolution for sewer and water assessments. No one spoke. The public hearing was closed. Councilmember Steeber moved to adopt said final resolution, seconded by Councilmember Brunner and passed unanimously. (File Res. No. 2009-628) 4. Public hearing and action on a proposed resolution approving proposed Amendment No. 2 to the project plan for Tax Increment Finance District No. 22. No one spoke. The public hearing was closed. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Voskuil and passed unanimously. (File Res. No. 2009-621) NEW BUSINESS 1. Award of contract C2009-19 (South River Road greenbelt) for Public Works bid Schedule “F”- 2009, and contracts C2009-20 (water and sewer system improvements-water main insulation and Riverview sewer), and C2009-21 (salt storage shed) for Public Works Bid Schedule “G”- 2009. Engineering Director Mike Payne stated that Greener Valley withdrew their bid for contract C2009-19 and forfeited their bid bond in the amount of $3,400. Councilmember Steeber moved to award said contracts to the lowest bidders as follows: Contract C2009-19 Custon Ditching, Inc. of Beloit, WI $ 75,312.50 Contract C2009-20 R.T. Fox Contractors of Edgerton, WI $517,650.00 Contract C2009-21 Paulson Kimball Construction of Janesville, WI $135,402.00 The motion was seconded by Councilmember Truman and passed unanimously. 2. Action on a proposed resolution granting a utility easement on City property located at the southwest corner of North Parker Drive and Wall Street (downtown parking garage). Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Voskuil and passed unanimously. (File Res. No. 2009-625) 3. Discussion and direction to staff on proceeding to bid an East Janesville water tower and related large diameter water mains. Councilmember Brunner moved to instruct staff to bid the construction of an eastside water tower and related infrastructure and bring a recommendation back to the City Council prior to the award of any contract, seconded by Councilmember Steeber and failed by the following vote: Aye: Brunner, Perrotto, and Steeber. Nay: McDonald, Rashkin, Truman, and Voskuil. 4. Matters not on the agenda. Councilmember Rashkin invited the public to the tomato contest at the Farmer’s Market on August 15. Councilmember Perrotto invited the public to the Rotary corn roast and mud volleyball tournament on August 15-16 and commended the Fire Department for their fund raising efforts for Muscular Dystrophy. Councilmember Brunner requested that the Historical Society be invited and allowed to participate at the study session on the Tallman House. Council President Truman requested all department heads attend Council meetings; asked for a report from staff regarding the leaking roof at Riverside Golf Course Clubhouse; and requested the fiscal impact on implementing a four day work week, furloughs and raise freezes. 5. Councilmember Steeber moved to convene into closed session pursuant to Wisconsin Statute Section 19.85(1)(e) for the purpose of deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business whenever competitive or bargaining reasons require a closed session, specifically setting the negotiation/bargaining terms and conditions for one or more TIF development agreements for TIF 22 and TIF 26, seconded by Councilmember Voskuil and passed unanimously. There being no further business, Council convened into closed session at 8:32 PM. These minutes are not official until approved by the City Council. Jean Ann Wulf Clerk-Treasurer JANESVILLE CITY COUNCIL LICENSE AGENDA 8/24/2009 RECOMMENDED A. ELECTRICIANS – ORIGINAL William L. Clarke Jr. 9108 W. Mineral Point Rd. David Nelson 4550 Garfoot Rd., Cross Plains, WI Steven M. Bouras E2366 Black Forest Dr., LaValle, WI POLICE DEPARTMENT MEMORANDUM August 12, 2009 TO: City Council FROM: Steven J. Kopp, Deputy Chief of Police SUBJECT: Council Action on an Application for an Operator’s License by Kyle C. Hanaford On June 2, 2009, Kyle C. Hanaford applied for a City of Janesville Operator’s License. On June 5, 2009, I denied the application based upon his extensive arrest record involving alcohol and controlled substances. Mr. Hanaford appealed the denial to the Alcohol License Advisory Committee (ALAC). At the July 7, 2009 ALAC meeting, Mr. Hanaford failed to appear. On a 4-0 vote, the ALAC upheld the denial based upon his non-appearance. Mr. Hanaford now appeals to the Common Council. The table below reflects Mr. Hanaford’s conviction record: Date Offense 6/23/2009 Open Intoxicants in Motor Vehicle 9/2/2007 Operating While Intoxicated-3rd Offense 5/25/2007 Possession of Marijuana Adult Contribute to Underage Alcohol 10/26/2004 Consumption 11/13/2001 Operating While Intoxicated-2nd Offense 6/6/2000 Operating While Intoxicated-1st Offense cc: Eric Levitt, City Manager Jacob J. Winzenz, Director of Administrative Services 1 Community Development Department Memorandum August 24, 2009 TO: Janesville City Council FROM: Al Hulick, Development Specialist SUBJECT: Final CSM 09009-C, Norm Weitzel, 2 lots and 1 outlot along Midland Ct. I. RECOMMENDATION The Plan Commission and Community Development Department recommend that the City Council support a motion to approve Final CSM 09009-C subject to the following conditions: 1. Payment of land division assessments for sidewalk ($8,468.40), storm sewer ($50,602.20), and street light ($3,278.60) improvements. 2. Payment of any outstanding special assessments including taxes owed (the applicant should contact the City Clerk’s Office regarding this item). II. REQUEST Norm Weitzel has requested the approval of a CSM which creates two Lots and one Outlot. The CSM will accommodate the proposed construction of a new Data Dimension’s facility onto proposed Lot-2. The CSM will subdivide an existing 7.48 acre landholding into two smaller development sites (2.9 acres and 4.1 acres) and a 0.48 acre outlot which will be created to provide access from Midland Court to the proposed Lot 1. At this time there are no proposed development plans for proposed Lot-1, but staff anticipates that lot being further subdivided in the future. III. ANALYSIS A. The applicant proposes to subdivide an existing 7.48 acre landholding into two smaller development sites (2.9 acres and 4.1 acres) and an 0.48 acre outlot which will be created to provide access from Midland Court to the proposed Lot 1. The CSM will accommodate the proposed construction of a new Data Dimension’s facility onto proposed Lot-2. Although a site plan for the proposed facility has not been submitted for review, staff is aware of the applicant’s intent to expand their operations, and the CSM will create the lot necessary for the propose facility. B. The survey proposes to create a 0.48 acre Outlot which is being created to provide access from Midland Court to the proposed Lot 1. Proposed Lot-1 has street frontage along Palmer Drive, but due to the properties closeness to the I-90 overpass, and the relatively steep grades present on the site, access onto Palmer Drive would be difficult and not ideal. Therefore, future development will utilize the proposed Outlot to gain access from Midland Court to the proposed Lot-1. At this time there are no proposed development plans for proposed Lot-1, but staff anticipates that lot being further subdivided in the future. C. The Pedestrian Transportation Corridor Plan adopted by the City Council on 14 January 2008 establishes an official sidewalk map that affects all streets in the City of Janesville. The map identifies the subject portion of Midland Road as part of the “yellow sidewalk” category which signifies future planned, unfunded sidewalk. In accordance with the Sidewalk Ordinance, planned unfunded sidewalk is to be constructed within seven (7) years from the date of the adoption of the Pedestrian Transportation Corridor Plan. Therefore, this survey is subject to the special assessments for the construction of sidewalk improvements along the Midland Road frontage of Lot-2. All other street frontages within the CSM are designated as “orange sidewalk” which signifies unplanned, unfunded sidewalk. Unplanned, unfunded sidewalk will not be constructed unless identified as a public safety need or if the affected property owners petition the City Council for its installation. D. The final survey includes all existing utility easements and additional utility easements as requested by the utility companies having rights to serve the area. Existing utility easements remain in effect unless specific action is taken to release said easements. E. The applicant should contact the City Clerk’s Office regarding any outstanding taxes, special assessments, or other fees which must be paid. IV. PLAN COMMISSION ACTION – 17 AUGUST 2009 The Plan Commission unanimously agreed to forward Final CSM 09009-C to the City Council with a favorable recommendation subject to the conditions listed in Section I. cc: Duane Cherek Brad Cantrell ACCOUNTING DIVISION MEMORANDUM August 17, 2009 TO: City Council FROM: Patty Lynch, Comptroller SUBJECT: Financial Statement for the Month of July 2009 The City prepares its Financial Statements in accordance with generally accepted accounting principals using the modified accrual method of accounting and is audited annually by Baker Tilly Virchow Krause, LLP. We prepare interim financial statements for the Council’s review on a monthly basis. Division and Department Heads are responsible for monetary expenditures to ensure budget compliance. Revenues and expenditures are projected to year-end in June and September. Key operating funds include the General Fund, Water and Wastewater Utilities, and Sanitation Fund. A summary of their performance to budget, as compared a three-year average, is presented in the following graphs. EXPENDITURE SUMMARY The graph below indicates expenditures are being made according to budget. Sanitation is under budget trends due to the reduced volume of refuse at the landfill. Year-To-Date July ExpendituresCompared to Three-Year Average Current YTD3 Yr. Avg. 70% 60% Percent of Total Budget 50% 40% 30% 20% 10% 0% General FundWater -Wastewater - OperatingOperatingSanitation July 2009 Financial Statement August 17, 2009 Page 2 REVENUE SUMMARY The graph below indicates General Fund and Wastewater revenue has been earned as anticipated. Water is under trend due to the delayed implementation of the rate increase. Sanitation fund is below trend due to decreased tonnage of waste collected at the landfill. Year-To-Date July RevenuesCompared to Three-Year Average Current YTD3 Yr. Avg. 90% 80% Percent of Total Budget 70% 60% 50% 40% 30% 20% 10% 0% General FundWaterWastewaterSanitation Other items of interest in the Financial Statement are as follows: Proprietary Funds (page 4) ? Stormwater Utility—The Stormwater Utility has a deficit operating cash balance of $396,073 at July 31, 2009. This is because revenue is billed on a quarterly basis (Approximately $483,450) after expenditures have been made. ? Transit System—Transit reports a negative cash balance of $620,285 due to the timing of grant reimbursements. Special Revenue Fund Balance (page 5) ? The Golf Courses fund has a negative fund balance of $32,390. This is due to the January transfer of its debt service payment ($96,764) to the debt service fund. ? TIF 3 has a positive balance of $285,977. The positive balance will be used to repay the general fund advance (plus accrued interest.) ? At June 30, 2009, the TIF districts have a combined deficit fund balance of $1,010,985. However, TIF projections indicate the districts will reach a positive fund balance before they expire. TIF districts received revenue from State computer value reimbursement of July 2009 Financial Statement August 17, 2009 Page 3 $183,791 in July. ? Landfill long-term care of site #3023 ($125,334) will be reimbursed by an insurance policy we have in place for post closure care. Capital Projects Fund (page 6) ? The Riverfront Property Acquisition account has a deficit balance of $249,487 primarily due to the purchase of the Westphal and Energetics properties. Funding will be provided by a Janesville Foundation Riverfront Reclamation Grant. ? The Reuther Way Project has a deficit balance of $51,820 at July 31, 2009. It is anticipated funding will be provided with 2009 General Obligation note issue. ? The City incurred expenditures in conjunction with road projects on Highway 11 from Wright Road to Highway 14 ($186,799). These costs will be funded with future special assessments or General Obligation note issue. ? Landfill Construction- Phase 2 has a negative balance of $290,319. This project will be funded with the 2009 General Obligation note issue. General Fund Capital Projects Fund (pages 7-10) ? A portion of State shared revenue, $1,606,246, was received in July. ? State highway aids of $653,538 were received in July. ? State aid for computer value reimbursement of $121,776 was received for the general fund in July. A representative of the Administrative Services Department will be available at the Council Meeting on August 24 to respond to any questions Council may have relative to these reports. Once Council is satisfied, acceptance of the Financial Statement by consent and placing them on file would be in order. /Attachments cc: Jacob J, Winzenz, Director of Administrative Services Eric J. Levitt, City Manager ADMINISTRATIVE SERVICES MEMORANDUM August 19, 2009 TO: City Council FROM: Jacob J. Winzenz, Dir. of Admin. Services/Asst. City Manager SUBJECT: Authorization for the Administration to Deny a Liability Claim from Lloyd M. Smith, D.D.S., S.C. in the Amount of $12,851.95 On July 6, 2009, a sewer back-up occurred at the office of Lloyd M. Smith, D.D.S located at 1111 Suffolk Drive. The building, owned by Dr. Smith, sustained significant damage to the basement level. On July 13, 2009, a claim was received from Dr. Smith for property damage to his building. The repairs have been completed and he is seeking reimbursement for the actual repair costs in the amount of $12,851.95 (attached). After investigating this accident, and with the concurrence of the City Attorney, it has been determined that the City should deny this claim. Resolution 89-1175, establishing our claims administration procedure, states in section 4.3a: The City Claims Administrator shall review, investigate, verify and within ninety (90) days of receiving such claim, prepare and forward a written recommendation to the Common Council for its review, consideration, and action each and every claim in face amount greater than Five Thousand Dollars ($5,000). I recommend that the City Council deny by consent and authorize the Administration to deny the claim received from Lloyd M. Smith D.D.S., S.C. in the amount of $12,851.95. cc: Eric Levitt, City Manager CITY MANAGER’S OFFICE MEMORANDUM August 13, 2009 TO: City Council FROM:Rebecca Smith, Management Assistant SUBJECT: Action on a proposed resolution celebrating the 150th year of Abraham Lincoln’s visit to the City of Janesville. (File Res. No. 2009-632) Request City Manager Eric Levitt received a request from Mr. Jim Hay of the First Congregational United Church of Christ asking that a resolution regarding the 150th year of Abraham Lincoln’s visit to the City of Janesville be placed on an upcoming Council agenda. Recommendation City Manager staff recommends the Council pass resolution 2009-632. Suggested Motion I move to approve file resolution 2009-632 to celebrate the 150th year of Abraham Lincoln’s visit to the City of Janesville. Background President Abraham Lincoln was our country’s sixteenth president and is known around the world for his role in freeing African Americans from slavery and leading our country through the American Civil War. During the first weekend of October 1859 Lincoln visited Janesville and stayed with the William M. Tallman family. The Tallman family home in which Lincoln stayed is now the Lincoln-Tallman House, a community resource for the public that is owned by the citizens of Janesville and operated by the Rock County Historical Society. During his visit, a few months before he was elected president, he met with community members about his hatred for slavery and also attended the First Congregational Church in Janesville. th To celebrate the 150 year of his visit to Janesville, the First Congregational United Church of Christ and the Rock County Historical Society will be organizing several events on September 27, 2009 to recognize his visit and acknowledge his accomplishments. Please find attached information from them regarding their special events. The State of Wisconsin also has special information about President Lincoln available to the public through their website (http://lincoln200.wisconsin.gov/). Mr. Hay of the First Congregational United Church of Christ and representatives from the Rock County Historical Society will be present at the August 24 council meeting. CC: Eric Levitt, City Manager Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services FILE RESOLUTION NO. 2009-632 A Resolution Celebrating the 150th Year of Abraham Lincoln’s Visit to Janesville, Wisconsin th WHEREAS , the week of September 27, 2009 will mark the 150 anniversary of Lincoln’s visit to Janesville, Wisconsin; and WHEREAS , during his visit to Janesville, Lincoln stayed with the William M. Tallman family, and spoke to community members about his hatred for slavery; and WHEREAS , the Tallman family home in which Lincoln stayed is now the Lincoln-Tallman House, a community resource for the public that is owned by the citizens of Janesville and operated by the Rock County Historical Society; and WHEREAS , during his visit, Lincoln also attended the First Congregational Church in Janesville; and WHEREAS , President Abraham Lincoln began his career as a lawyer; then was elected to the Illinois General Assembly; served in the US House of Representatives, and was elected the 16th President of the United States in 1860 a few months after his visit to Janesville; and WHEREAS , being a slavery opponent, Lincoln issued the Emancipation Proclamation in 1863 which promoted the passing of the Thirteenth Amendment to the US Constitution, outlawing slavery; and WHEREAS , President Abraham Lincoln is known throughout the world for his role in freeing African Americans from slavery and leading our country through the American Civil War; and WHEREAS , Janesville’s First Congregational United Church of Christ will be recognizing Lincoln’s achievements and celebrating his visit to Janesville and their church by holding special events on September 27, 2009; and WHEREAS , the Rock County Historical Society will also be hosting community events in celebration of Lincoln’s visit to Janesville; and NOW, THEREFORE, LET BE IT RESOLVED Bythe Common Council of the City of th Janesville , on this 24 day of August 2009 that all residents of the City of Janesville should celebrate the anniversary of Abraham Lincoln’s visit to our community by recognizing his th accomplishments as the 16 president of our country and his powerful voice to end slavery. Motion by: ADOPTED: Second by: Councilmember Aye Nay Pass Absent APPROVED: Brunner McDonald Perrotto Eric Levitt, City Manager Rashkin Steeber ATTEST: Truman Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Assistant City Attorney Proposed by: Prepared by: Management Assistant Tentative Rock County Historical Society Schedule of Events for September 27, 2009 For questions, contact RCHS at 756-4509. 1:15PM: Parade on Jackson Street from the First Congregational United Church of Christ to the Lincoln-Tallman House 1:30 – 2PM: Free walk-through tours of the Lincoln-Tallman House for the public 2PM: Concert/Historical Program by 1st Brigade Band and President & Mrs. Lincoln characters For 30 minutes following the concert, the Tallman House will be open for free tours. CITY MANAGER’S OFFICE MEMORANDUM August 10, 2009 TO: City Council FROM:Rebecca Smith, Management Assistant SUBJECT: Action on a resolution supporting universal access to quality health care (File Resolution No. 2009-629) Request Councilmembers Yuri Rashkin and Thomas McDonald asked that a resolution regarding universal access to quality health care be added to an upcoming Council agenda. Recommendation Staff has no recommendation. Suggested Motion I move to approve file resolution 2009-629 supporting universal access to quality health care. Background Universal access to health care has been a nationwide topic of discussion for many th years. Recently President Obama and the 111 Congress have begun seriously examining this idea and many proposals have become available for consideration by our federal legislators. 1 Approximately 45 million Americans are without health insurance in the United States. Most individuals without health insurance are in working families and are unable to 1 access insurance through their employer or another family member. This resolution demonstrates the Council’s support for universal access to quality health care for all Americans and encourages our Wisconsin Congressional delegation to examine the health care proposals before them to ensure they meet the needs of Wisconsin residents and employers. CC: Eric Levitt, City Manager Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services Source 1 Kaiser Family Foundation, Kaiser Commission on Medicaid and the Uninsured, September 2008 FILE RESOLUTION NO. 2009-629 A Resolution supporting universal access to quality health care. WHEREAS , the Janesville City Council recognizes that it is increasingly difficult for many residents to obtain quality health care and supports the concerted efforts of local jurisdictions to encourage the United States Congress and other decision makers to design a rational health care system; and 1 WHEREAS , about 45 million people in the U.S. lack health insurance; and WHEREAS , rising health-care costs have affected employers' ability to provide health care benefits for their workers and have sharply increased the costs of doing business; and WHEREAS , employers are the principal source of health insurance in the United States, providing health benefits for about 159 million people, or about 53% of all Americans; however, the percentage of employers who offer such benefits has been falling with 69 2 percent offering health coverage benefits in 2000, compared to 63 percent in 2008 ; and WHEREAS , since 1999, family premiums for employer-sponsored insurance have increased 3 119%, while wages have increased 34% and inflation has increased 29%; and WHEREAS , most of the 45 million uninsured are in working families and do not have access to employer-sponsored insurance and are unable to obtain it through another family 1 member; and WHEREAS , unemployment within Rock County is increasing; therefore, more local families do not have access to employer-sponsored insurance and are finding it difficult to obtain affordable, private insurance; and WHEREAS , more than eight in ten of the uninsured are in low- or moderate-income families 1 and most low- and moderate-income uninsured adults are not eligible for Medicaid; and WHEREAS , the uninsured suffer from negative health consequences due to their lack of access to necessary medical care and are less likely to receive preventive care and services 1 for major health conditions; and WHEREAS , 20,000 Americans die every year of preventable and/or treatable diseases 1 because they are uninsured; and WHEREAS , the Janesville City Council desires a rational system for delivering quality health care to ensure all Americans have access to these necessary services at a cost that is reasonable to them and to their employers; and WHEREAS , several legislative proposals for universal health care are before the United States Congress and the Janesville City Council encourages our Wisconsin Representatives and Senators to examine these proposals carefully to ensure they meet the needs of Wisconsin residents and employers; NOW, THEREFORE, LET BE IT RESOLVED Bythe Common Council of the City of th Janesville , on this 24 day of August 2009 that every person in the United States should have the right to health care of equal high quality. The U.S. Congress should enact legislation to establish and implement this right and we request our Wisconsin delegation of legislators to support universal access to quality health care. Sources 1 Kaiser Family Foundation, Kaiser Commission on Medicaid and the Uninsured, September 2008 2 Kaiser/HRET Survey of Employer-Sponsored Health Benefits, 1999-2008 3 Kaiser/HRET Survey of Employer-Sponsored Health Benefits, 2000-2008. Bureau of Labor Statistics, Consumer Price Index, U.S. City Average of Annual Inflation (April to April), 2000-2008; Bureau of Labor Statistics, Seasonally Adjusted Data from the Current Employment Statistics Survey, 2000-2008 Motion by: ADOPTED: Second by: Councilmember Aye Nay Pass Absent APPROVED: Brunner McDonald Perrotto Eric Levitt, City Manager Rashkin Steeber ATTEST: Truman Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: City Attorney Proposed by: Councilmembers Rashkin and McDonald Prepared by: Management Assistant LEISURE SERVICES DEPARTMENT MEMORANDUM August 14, 2009 TO: City Council FROM: Bonnie Davis, Recreation Director Jennifer Petruzzello, Neighborhood Services Director SUBJECT: Action on a Request to Open Riverside Pool for Partners in Prevention Family Fun Fest ______________________________________________________________ INTRODUCTION The Leisure Services Department has received a request from Partners in Prevention and Council President Bill Truman, to have Riverside Pool opened for the Partners in Prevention Family Fun Fest scheduled for Saturday, September 12 at Riverside Park. STAFF RECOMMENDATION The Leisure Services Department’s recommendation is to deny this request based upon the financial cost, difficulty in securing lifeguards, uncertainty of chlorine levels, questionable weather, the Council’s decision to shorten the aquatic’s season, and the inequity this approval would raise with other organizations. Staff would note that in the end, this decision is largely one of policy and service level. SUGGESTED MOTION I make a motion to deny the request of Partners in Prevention to open Riverside Wading Pool for the Family Fun Fest. CITY MANAGER RECOMMENDATION I concur with the recommendation not to have Riverside Wading Pool open for Family Fun Fest. I am concerned about re-opening a closed facility for a single day event and that all other aquatics facilities will be closed at this time. DISCUSSION Partners in Prevention is a non-profit organization, which is planning a Family Fun Fest in Riverside Park on Saturday, September 12, 2009 from 11:00 AM to th 3:00 PM. This is the 15 year that the organization has sponsored the Family Fun Fest and the first year in which they have requested the Wading Pool to be opened. Riverside Wading Pool is scheduled to close on August 23, 2009. During last year’s budget discussion, the City Council made a decision to close all City aquatic facilities one week earlier, and delay the opening of Palmer wading pool by one week. To accommodate the request of Partners in Prevention, the Recreation division would need to look at two options. The first option would be to close the pool on the scheduled closing date and re-open for the event. The second option would be to keep the pool running with the filtration system operating. The costs for both options are shown below: Option 1: Close the pool and re-open* rd If we close the pool on Sunday, August 23 as scheduled, we would incur the following expenses to re-open : ? 10 hours of staff time @ $40.00/hour ? Refilling the pool @ an initial cost of $40.00 plus $10.00/day for five days ? Chemical costs of $100.00 ? Lifeguard costs for the day: $108.00 ? Total Cost: $698 th Option 2: Keep the pool filled (but not staffed) from August 24 – th September 12 If we continue to keep Riverside pool filled through September 12 we would incur the following expenses: ? Electrical costs of $35.00 each day for 21 days ? Daily water costs of $10/day ? Chemical costs of $600 ? Lifeguard costs for event day: $108.00 ? Total Cost: $1,653 Below is a brief listing of some advantages and disadvantages of opening the Wading pool for this event. Advantages: Opening the pool would provide an added amenity to the Family Fun Fest and demonstrate City support for their event. Opening the pool would provide a higher level of service. Disadvantages: Added financial cost to the aquatic’s program (including additional staff time to re-open) It is anticipated that there would be difficulty in securing lifeguards for the day given most have returned to school. With option #1, there is some uncertainty that the correct chlorine levels could be established. 2 With option #2, there is a safety and maintenance concern over leaving the facility open, but unattended for 3 weeks. Weather in mid-September can be questionable and residents are generally not anticipating an outdoor aquatic experience at that time, so the number of users is anticipated to be small. This appears to be inconsistent with the Council’s decision to shorten the aquatic’s season city-wide. Approving this request could set a precedence that could lead to other special requests for use of City facilities without a means of recovering the cost. cc: Eric Levitt, City Manager Jacob J. Winzenz, Asst. City Manager/Director of Administrative Services 3 LEISURE SERVICES DEPARTMENT MEMORANDUM August 14, 2009 TO: City Council FROM: Bonnie Davis, Recreation Director Jennifer Petruzzello, Neighborhood Services Director SUBJECT: Action on a request to Waive the Special Event Fee for Partners in Prevention Family Fun Fest ______________________________________________________________ INTRODUCTION Partners in Prevention has submitted a Special Event Application to conduct the 2009 Family Fun Fest in Riverside Park. The event is scheduled to take place on Saturday, September 12, 2009 from 11:00 AM to 3:00 PM. Along with the application, Kate Baldwin, Executive Director of Partners in Prevention has requested that the City of Janesville waive the event fee, pavilion rental fee and rental of equipment charges for a total of $327. STAFF RECOMMENDATION The Leisure Services Division has administratively approved the application for this public event. The recommendation to waive fees is a difficult decision. Each year, the City has many non-profit organizations that provide great family fun for our community. Council should note that if a decision is made to waive the fees for Partners in Prevention, the City will more than likely receive dozens of similar requests. This decision could establish precedence that will impact the future of revenue recovery. As the City is facing budget reductions that will include service level decreases, it is problematic to walk away from revenue sources. Revenue goals are put in place at the time of budget and expectations are that we make every attempt to reach those goals. With this information in mind, the department of Leisure Services does not recommend that the fees be waived for this event. In the end, this decision is largely one of policy and service level. SUGGESTED MOTION I move that the request to waive the special event fees for Partners in Prevention be denied. CITY MANAGER RECOMMENDATION Staff has many valid concerns over the waiver of special event fees. However, given the economic conditions facing Janesville the City Council may want to consider granting this request. REQUEST The fee waiver has been requested by Partners in Prevention and Councilmember Truman. The request is to waive the event fee ($110), pavilion rental fee ($47) and equipment charges ($10 trash cans at $1 each 20 picnic tables at $5 each, large PA system for $40, and portable stage for $20.) Under City ordinance all requests for fee waivers must be approved the City Council. BACKGROUND Family Fun Fest is in its fifteenth year of operation. The event is free and open to the public. A variety of activities are planned including games, live music, pony rides, food, a Janesville Police Department display and other family activities. Partners in Prevention is a non for profit organization. In 2009, they lost their two major funding sources, General Motors and UAW. Ms. Baldwin has indicated that with this loss of funding reducing their expenses is key in providing the community with this event. With the local economy and the affect it has on families, Partners in Prevention would like to keep this healthy event as a source of free family activity for the Janesville Community. In the past, the City Council has approved fee waivers for the Janesville Farmer’s Market for 4 years, and the Janesville Jaycees for 2 years (2007&2008). ANALYSIS The City of Janesville provides facilitation for many special events throughout the year. Fees are established and charged for all events including walks, block parties, parades and many private functions. Fees collected are directly related to the size and length of the event, equipment needs, and types of facilities requested for use. These fees are designed to help offset the cost of supporting these events and maintaining equipment and facilities. In a typical year, Leisure Services facilitates between 80 – 100 events, including numerous non-profit events. Revenue from those events varies from $5,000 to $6,000. Event fees are established as a part of overall revenue projections which in turn reduce the tax impact of these services. cc: Eric Levitt, City Manager Jacob J. Winzenz, Asst. City Manager/Director of Administrative Services 2 NEIGHBORHOOD SERVICES MEMORANDUM August 13, 2009 TO: City Council FROM: Jennifer Petruzzello, Neighborhood Services Director SUBJECT: Discussion and direction to staff on preparation of Emergency Evacuation Plan to facilitate reconstruction of 1709 Joseph Street. Summary The State of Wisconsin Department of Natural Resources and Local Zoning Ordinances establish the requirements for building, or re-building within a flood plain. If estimated structural repairs or improvements total more than 50% of the equalized assessed value, the property is declared substantially damaged and steps must be taken to bring the property into compliance with current floodplain requirements. Requirements related to floor and fill elevations must be addressed by the individual property owner. In addition to these steps, contiguous dry land access must be provided. If dry land access cannot be provided, written assurance must be obtained from the police and fire chief that they can provide emergency services in a flood event or an emergency evacuation plan must be developed. An emergency evacuation plan would include such items as: warning systems, when evacuation would be required, responsibilities for agencies/departments (i.e. police, fire, human services, public works, public health, county emergency management, etc.), and when re-entry into an area would be allowed. In addition to Council approval, the plan would need to be reviewed and approved by the Wisconsin Department of Emergency Management and the Department of Natural Resources. An emergency evacuation plan would provide a guide for response during future flood events, however, it would also require mandatory evacuations, which is something the Council desired not to do during the 2008 flood event. An approved emergency evacuation plan is necessary if the property owner at 1709 Joseph Street is allowed to rebuild. Department Recommendation If the Council wishes to facilitate the re-development of 1709 Joseph Street, the Neighborhood Services Department recommends that the Council direct staff to prepare an emergency evacuation plan for flood events within the Mole Sadler Neighborhood and bring this plan back to the City Council within 90 days. Staff further recommends the Council direct staff to prepare a comprehensive emergency evacuation plan as staff time allows (estimated to be not sooner than 18 months). An emergency evacuation plan would provide a guide for staff during future flood events and/or other events requiring evacuation. Once prepared, the plan would be presented to Council for review and approval. 1 City Manager Recommendation I concur with the Neighborhood Services Department recommendation. Suggested Motion I move to direct staff to prepare an emergency evacuation plan for flood events within the Mole Sadler Neighborhood and bring it back to the City Council within 90 days and to prepare a comprehensive emergency evacuation plan as staff time allows. Background The State of Wisconsin Department of Natural Resources and Local Zoning Ordinances establish the requirements for building, or re-building within a flood plain. When the estimated cost for structural repairs or improvements are less than 50% of the current equalized assessed value, the repairs may be made without addressing flood hazard issues. However, if property repairs or improvements total more than 50% or greater of the equalized assessed value, the property is declared substantially damaged and steps must be taken to bring the property into compliance with current floodplain requirements. Under State regulations and as adopted under local ordinance, the following steps must be taken to bring a property into compliance with flood regulations: 1. The lowest floor of the structure shall be placed on fill at or above the flood protection elevation, which is two feet above the regional flood elevation, or what is commonly called the 100 year flood. (detached garage may be at the flood level) 2. The fill elevation shall be one foot or more above the regional flood elevation and shall extend at such an elevation at least fifteen feet beyond the limits of any structure or building (this is referred to as freeboard). In addition to these steps, which must be taken by the property owner, contiguous dry land access must be provided from a structure or a building to land which is outside of the floodplain, so that any structure shall be accessible by rescue and relief vehicles during periods of regional flooding. Contiguous dry land access means a road at or above the regional flood elevation and wide enough for rescue and relief vehicles. Joseph Street, within the Mole Sadler neighborhood, is located within the floodway and therefore, before properties are allowed to be rebuilt with access by way of Joseph Street, the City must do one of three things: 1. Raise Joseph Street and Hamilton Avenue to an elevation such that dry land access can be provided. This solution is highly problematic in that it could be extremely costly to reconstruct these roads and may create drainage problems for any remaining homeowners. In addition, State approval to raise Joseph Street in the floodway is extremely unlikely. 2. Obtain written assurance from police, fire and emergency services that rescue and relief will be provided to the structure by wheeled vehicles during 2 a regional flood event. The Police and Fire Chief are unable to provide that assurance because the road is located within the floodway. Joseph Street was covered by four to five feet of water during the 2008 flood event thereby making it impossible to gain access to the adjacent properties by way of a wheeled vehicle. Rerouting access through adjoining property will not be allowable under the terms of the Hazard Mitigation Grant. 3. Obtain approval of a natural disaster emergency evacuation plan for the City by Wisconsin Emergency Management and the Department of Natural Resources. This plan would include specific guidelines and criteria that would establish protocol and direction for evacuations during natural or man-made emergencies/disasters. Fifteen properties were declared substantially damaged in the June 2008 Flood Event. Twelve of these owners have signed “statements of voluntary interest” in the Hazard Mitigation Grant Program (Buy Out Program). Owners of the remaining three properties have chosen not to participate in the Hazard Mitigation Program, to demolish the properties without rebuilding, and to retain ownership of the property. Residents who participate in the Hazard Mitigation Grant program will be compensated for the purchase of their land and property (based on an appraisal and pre-flood property value). They will also be eligible for relocation benefits as provided by law. The land must be purchased and retained by the City as perpetual green space. Re-grading or building improvements cannot be made to the land. Staff updated Council regarding this information in October of last year. At that time, staff indicated that we would prepare an agenda item to seek Council’s input into your desire to pursue the development of an emergency evacuation plan (and force future evacuation) if the property owner(s) on Joseph Street submits plans to re-build at the current location. At this time, one property owner has indicated to staff that their preference is to pursue rebuilding rather than the buyout program and a second (with dry land access on Charles Street) is considering rebuilding (although their properties are included in the Hazard Mitigation Program to keep their options open). Staff has discussed the requirements for rebuilding and encouraged them to obtain cost estimates for rebuilding before making a final decision. Analysis Below is a brief analysis of advantages and disadvantages to developing an emergency evacuation plan: Advantages 1. An emergency evacuation plan provides a strategy and information for staff to use in managing an emergency situation that would require evacuation of residents. 3 2. Facilitates the re-development of 1709 Joseph Street, which maximizes the individual owner’s property rights. Disadvantages 1. During the 2008 flood event, residents were resistant to evacuate and there was a strong desire not to force evacuation, which would be required in an evacuation plan. 2. Development of a plan is expected to be a labor intensive project. Given current workloads it is anticipated that developing an emergency evacuation plan for a flood event within the Mole Sadler Neighborhood could take up to 90 days to develop, with a comprehensive plan taking an estimated eighteen months to develop. It is estimated that approximately 40 hours of staff time will be utilized to prepare this plan for flood events within the Mole Sadler Neighborhood and an additional 200 hours to develop the comprehensive plan. Individuals from the Fire Department, Police Department, Public Works Department, Community Development Department, Legal Services, and Neighborhood Services Department would be involved in plan development. 3. Facilitating the re-development in the flood plain presents a health and safety concern in that emergency responders cannot guarantee that someone will be able to reach the property in a flood event by way of a wheeled vehicle as required by the Department of Natural Resources. It also may put our first responders at risk during a future flood event, particularly if the flooding occurs rapidly or residents refuse to evacuate. 4. Development of a plan facilitates the re-development of 1709 Joseph Street. This area will likely continue to experience negative effects due to flooding. With the current trend of rainfall events, it is likely that frequent vacates will occur as the sanitary sewer line on Joseph Street will need to be blocked off from the lift station that serves this neighborhood. With no sanitary sewer, the home would not be habitable and would require the owner to vacate the home. 5. If a comprehensive evacuation plan is prepared for additional properties in the flood plain, it may encourage people to re-construct in the floodplain, which is contrary to the floodplain regulations discouraging this activity. Attachment: Floodplain Map of Mole Sadler Neighborhood cc: Kelly Lee, Neighborhood Development Specialist Brad Cantrell, Community Development Director Eric Levitt, City Manager Jay Winzenz, Assistant City Manager/Director of Administrative Services 4 ÿø ÐßÎÕÍ×ÜÛ ÜÎ îðïð ÿø ÐßÎÕÍ×ÜÛ ÜÎ îððí ÿø ÖÑÍÛÐØ ÍÌ ïçîð îððï ïçîï ÿø ÝØßÎÔÛÍ ÍÌ ÿø ÝØßÎÔÛÍ ÍÌ ÿø ÖÑÍÛÐØ ÍÌ ïçïì ÿø ÝØßÎÔÛÍ ÍÌ ïçðç ïçïð ïçðç ÿø ÖÑÍÛÐØ ÍÌ ÿø ÝØßÎÔÛÍ ÍÌ ÿø ÝØßÎÔÛÍ ÍÌ ïïîî ïçðí ïîðè ÿø ÛÔÙ×Ò ßÊ ÿø ÖÑÍÛÐØ ÍÌ ÿø ÛÔÙ×Ò ßÊ ïïðç ïîïï ïîðë ÿø ÛÔÙ×Ò ßÊ ïîïé ÛÔÙ×Ò ßÊ ÿø ÛÔÙ×Ò ßÊ ÿø ÿø ÛÔÙ×Ò ßÊ ïèîï ïèîî ÿø ÖÑÍÛÐØ ÍÌ ÿø ÝØßÎÔÛÍ ÍÌ ïîîí ÿø ÔÙ×Ò ßÊ îîë ïèïë ÿø ïèïë Ù×Ò ßÊ ÿø ÖÑÍÛÐØ ÍÌ ÿø ÝØßÎÔÛÍ ÍÌ ïèðç ïèðç ÿø ÖÑÍÛÐØ ÍÌ ÿø ÝØßÎÔÛÍ ÍÌ ïèðí ïèðí ÿø ÝØßÎÔÛÍ ÍÌ ÿø ÖÑÍÛÐØ ÍÌ ïèðì ÿø ÝØßÎÔÛÍ ÍÌ ïéîé ïéîé ÿø ÖÑÍÛÐØ ÍÌ ÿø ÝØßÎÔÛÍ ÍÌ ïéîî ÿø ÝØßÎÔÛÍ ÍÌ ïéïë ÿø ïéïë ÖÑÍÛÐØ ÍÌ ÿø ÝØßÎÔÛÍ ÍÌ ïéïï ïéðè ïéðç ÿø ÝØßÎÔÛÍ ÍÌ ÿø ÿø ÝØßÎÔÛÍ ÍÌ ÖÑÍÛÐØ ÍÌ ïïïð ÿø ïïïê ØßÓ×ÔÌÑÒ ßÊ ÿø ØßÓ×ÔÌÑÒ ßÊ ïéðð ÿø ÚÎÛÜÛÎ×ÝÕ ÍÌ DEPARTMENT OF PUBLIC WORKS MEMORANDUM August 17, 2009 TO: City Council FROM: Daniel L. Lynch, PE, Utility Director SUBJECT: Authorization for the City Manager to Enter into a Stipulation with Clean Wisconsin for a Water Conservation Program Summary The City of Janesville has applied for a water rate adjustment with the Public Service Commission of Wisconsin (PSC). The PSC has rate-setting authority over Wisconsin water utilities and can allow third party intervention on an individual rate case when they determine there is justification. Intervener status gives the third party equal status with the City staff and PSC staff before the PSC Commissioners. Clean Wisconsin is an advocacy group for clean water and air with members throughout Wisconsin. Clean Wisconsin has been granted Intervener status on a number of recent water rate cases. The Intervener status provides Clean Wisconsin a very effective platform for advocating the creation of municipal water conservation programs in Wisconsin. Utility staff has negotiated a mutually agreeable solution with Clean Wisconsin which is outlined in the following draft stipulation. Department Recommendation Utility staff support proceeding with the development of a water conservation program having an annual cost of approximately $75,000. The first task of the program will be the development of a comprehensive water conservation plan. The plan will be completed within six months from the day that the new water rates are implemented and it will determine exactly how the conservation program will operate. The conservation program will include: community education, residential rebates and commercial/ industrial audits. Suggested Council Action Move to Authorize the City Manager to enter into a stipulation with Clean Wisconsin for a water conservation program including an annual budget of approximately $75,000. City Manager Recommendation The City Manager concurs with the department recommendation Analysis Over the past several years water conservation has been getting more and more serious consideration. Water conservation is no longer the domain of the water-starved western states; the historically water-rich upper Midwest states are requiring the development of water conservation programs. The recently-adopted Great Lakes Water Compact, which was signed by the governors of the ten Great Lakes states, requires the individual states to adopt and implement water conservation programs. In Wisconsin, the governor hosted a water conservation symposium in 2006 and has initiated the Conserve Wisconsin campaign which in part directed the PSC and Wisconsin Department of Natural Resources (WDNR) to identify initiatives to reduce water use in Wisconsin. The PSC and WDNR joint report to the governor included the following initiatives: ? Promoting the use of more efficient plumbing devices to perform the same task while using less water ? Implementing water conservation rates which will send a price signal to customers to minimize inefficient water practices ? Water reuse and recycling means using a water supply that meets the minimum quality requirements for its intended purpose. These initiatives are being promoted throughout the state and will be key elements of the City’s proposed comprehensive water conservation plan. Clean Wisconsin has intervened in several water rate cases to advocate for water conservation rates and initiatives. The recent Waukesha water rate case was the first municipal rate case to be intervened. Waukesha, Clean Wisconsin and the PSC staff reached an agreeable resolution of the issues so that a contested case hearing was avoided. Since this Waukesha intervention, Clean Wisconsin has intervened in the Green Bay, Madison, and Janesville water rate cases. Clean Wisconsin has expressed their intention to continue intervening in the rate cases of the largest Wisconsin communities as those communities apply to the PSC for rate adjustments. It appears that they are trying to establish a base line for the component parts for municipal water conservation programs. Both Madison and Waukesha have already prepared water conservation plans and have begun conservation programs. A major component of each program is toilet rebates. Other communities which have initiated some level of water conservation programs on their own include the cities of Marshfield, Kaukauna, Fitchburg and the village of Allouez. Clean Wisconsin is well within its legal right to intervene in these rate cases. Their intervention in the Waukesha case was apparently very well received by the three Commissioners of the PSC. The Commissioners were complimentary of Clean Wisconsin’s goals, approach and apparent intention. Although a resolution with Waukesha was reached, the City was ordered by the PSC to pay Clean Wisconsin over $7,000 in legal bills. The draft stipulation attached to this memorandum does in fact reflect a compromise from the initial positions of the City and of Clean Wisconsin. ? The cost of the program is more than the City wanted, but significantly less than initially requested. ? The residential conservation rates will be designed by the PSC staff, as in the City’s initial application. ? The stipulation allows time to develop a water conservation plan. The conservation program will be designed around the needs of Janesville following the development of a conservation plan. ? The conservation program will be Janesville-specific, based on a comprehensive water conservation plan developed for Janesville. The plan will determine what the best approach to water conservation in Janesville will be. ? The Janesville conservation plan will determine how the financial resources allocated to this program are expended. Financial allocations will not be arbitrary or based on what is done in another community. The City Council has limited choices available. If the Council decides not to proceed with the conservation program, the PSC can order the City to implement the program as part of the water rate case. Rejecting the conservation program and draft stipulation will essentially cause the City’s water rate case to become a contested case. In a contested case the arguments of the City and Clean Wisconsin are heard by the three Commissioners of the PSC instead of an administrative law judge. The Commission will then make their ruling. With the PSC’s current support of water conservation, it is unlikely that the City would be successful in opposing a local program. Additionally a contested case would be much more costly for the City because of the legal nature of the proceeding and the attorney bills for both sides will be paid by the City regardless of the outcome. cc: Eric Levitt, City Manager Jay Winzenz, Director of Administrative Services BEFORE THE PUBLIC SERVICE COMMISSION OF WISCONSIN ______________________________________________________________________________ Application of Janesville Water Utility, Rock County, Wisconsin, for Authority to Increase Water Rates Docket No. 2740-WR-107 STIPULATION OF JANESVILLE WATER UTILITY AND CLEAN WISCONSIN ______________________________________________________________________________ WHEREAS Janesville Water Utility (“Janesville”) has pending before the Public Service Commission of Wisconsin (“Commission”) a request to establish water rates in the above- captioned proceeding (“Proceeding”); WHEREAS Clean Wisconsin was granted full party status in this Proceeding; WHEREAS Janesville and Clean Wisconsin (each individually a “Party” and collectively the “Parties”) wish to agree to the issues in this Proceeding discussed herein; NOW THEREFORE Janesville and Clean Wisconsin hereby agree that the Commission may incorporate the following provisions in its final decision in this Proceeding. 1.Scope of Agreement. This Stipulation represents a complete and final agreement regarding the issues in this Proceeding discussed herein between the Parties. 2.Rate Design. The Parties agree to the rate design proposed by Commission staff in this Proceeding (PSC REF# ____________). Specifically, the Parties agree to the following rate design for the residential class: a.First _____ cubic feet per quarter charged at $____ per 100 cubic feet; b.Next _____ cubic feet per quarter charged at $____ per 100 cubic feet; c.Over _____ cubic feet per quarter charged at $____ per 100 cubic feet. 3.Conservation Program. The Parties agree that Janesville will establish a conservation program with an annual budget of $75,000. In the first year of the program, Janesville will use part of this budget to conduct a comprehensive conservation study and plan. Janesville will file this study and plan with the Commission within six months after the date the final decision is issued in this Proceeding. Based on this study and plan, Janesville will design and implement the conservation program within one year after the date the final decision is issued in this Proceeding. This program will include, at a minimum, community education, a residential rebate program, and commercial, industrial, and public authority audits. 4.Effective Date. This Stipulation shall become effective and shall bind the Parties on the date of its execution by both Parties. 5.Commission Authority. The Parties agree to present this Stipulation as an exhibit in this Proceeding. WHEREFORE the Parties have caused their duly authorized representatives to execute this Stipulation as of the date indicated below. JWU ANESVILLE ATER TILITY By: _________________________________ Name: ______________________________ Title: _______________________________ Date: _______________________________ CW LEAN ISCONSIN By: _________________________________ Name: ______________________________ Title: _______________________________ Date: _______________________________ 2 CITY MANAGER’S OFFICE MEMORANDUM August 13, 2009 TO: City Council FROM:Rebecca Smith, Management Assistant SUBJECT: Discussion and direction to staff on televising City Council study sessions on JATV Request Councilmember Rashkin inquired whether the upcoming August 27 study session could be televised by JATV. The Administration asked staff to prepare a memo outlining the feasibility of broadcasting the sessions for review and discussion by the Council. Recommendation Library and JATV staff recommend JATV begin televising live study sessions in the Chambers with the Council sitting at the dais. City Manager recommendation The City Manager does not have a recommendation on this issue. Background The City Council holds approximately six to eight study sessions a year. The purpose of these sessions is for the Council to examine a topic in more depth in an informal environment. Sessions usually begin with a presentation by staff followed by Council discussion and inquiries. Examples of past study session topics include the budget, the revaluation process, the wastewater treatment plant expansion or the upcoming session regarding the Tallman House. While these sessions are official public meetings, the Council may not take any formal action; rather, the Council may provide feedback or give direction to the Administration through consensus. These meetings are typically held in the less formal environment of Municipal Building Room 416 and the media usually attend. Citizens may attend these sessions, but there is no scheduled time for public comments. Historically, JATV staff has not attended these sessions and they were not broadcast for the public; however, JATV has broadcast one study session in March regarding stimulus funding opportunities. JATV was established in 1997 and is the City’s cable broadcast public access channel. JATV has a full-time production coordinator and previously a station manager. With the recent passing of the manager, two temporary part-time individuals are currently employed to assist with daily operations, taping community events, and editing videos to produce programming for JATV. Library and JATV are working on a long-term approach to the staffing of JATV. The plan will likely include having the salaried production manager become the station director and hiring two regular, part-time hourly employees. The purpose of not hiring a second full time employee would be to provide flexibility for covering more community events, while also reducing salary and benefit costs. The 2009 JATV budget is $217,932 ($148,932 Operating, $69,000 Capital). In 2005, the Council Chambers was updated with new equipment to allow JATV to broadcast council meetings live for cable subscribers. To broadcast a meeting from the Chambers, a minimum of one JATV staff person is needed to administer the equipment. Feasibility of JATV Broadcasting Study Sessions JATV is willing to broadcast live the study sessions. JATV would have a minimum of one staff member present for each session and would also re-broadcast each session at a future time. JATV would begin receiving a copy of the session agenda so that they may prepare the introductory graphics that accompany the live broadcast. To ensure a quality program and that everyone can be heard, JATV strongly recommends all sessions be held in the Council Chambers with the Council sitting at the dais. Staff could present from the dais or from one of the room lecterns. This arrangement allows JATV to use the same set-up as they do for Council meetings with little time required to arrange the room. If the Council chose to hold their sessions in a different location, such as another facility or Municipal Building Room 416, the session could not be broadcast live. Instead, the session could be taped for broadcast at a later time; however, the sound and lighting quality would diminish. A different location also requires JATV to find volunteers to assist with taping the meeting due to the number of cameras necessary to capture the session. To ensure a JATV staff person is available to broadcast the meeting, JATV asks the Administration check with them prior to scheduling a session. JATV does not anticipate scheduling problems and will be flexible to accommodate the Council and Administration’s desired meeting dates. Because there is funding available for the production manager and the two part-time employees, no additional funds will be needed for staff time. However, taking staff time to prepare for and broadcast these sessions will remove time from other priorities and would reduce the number of hours the part-time employees would have for other community events. Analysis Broadcasting study sessions live on JATV provides a higher level of service to cable subscribers and furthers the transparency of the City’s operations. Historically, the Administration has worked to cultivate an informal atmosphere for study sessions by holding them in a less formal location, such as Room 416. With the need to hold the sessions at the Chambers dais for a quality production, the informal environment may be lost. Pros & Cons for broadcasting Council study sessions live on JATV Pros 1. Provides a higher level of service to cable subscribers 2. Provides another opportunity for the City to utilize the high quality broadcasting system in the Chambers Cons 1. Takes time away from other JATV priorities 2. The Council may lose the informal atmosphere by holding the sessions at the Chambers dais CC: Eric Levitt, City Manager Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services Bryan McCormick, Library Director; Duane Brewer, Production Manager Community Development Department Memorandum August 11, 2009 TO: Janesville City Council FROM: Gale S. Price, AICP, Manager of Building and Development Services SUBJECT: Review and approval of an Economic Development Grant to The Crosby Place, LLC located at 120 North Crosby Avenue. Summary In 2002 the City Council adopted an ordinance to establish an Economic Development Grant program to permit the City Council to approve economic grants to those establishments that obtain a Reserve Class B liquor license. Based on specific criteria the City Council may approve such grants up to the one-time $10,000 Reserve Class B liquor license fee. The Crosby Place, LLC represented by Tim Richards has requested an Economic Development Grant for their Reserve Class B license which was issued on July 13, 2009. Committee and Staff Recommendation The Alcohol License Advisory Committee and the Community Development Department recommend that following the City Council review, a motion to approve an Economic Development Grant in the amount of $10,000 for The Crosby Place, LLC be approved. City Manager recommendation I concur with the ALAC and Community Development Department recommendations. Suggested Motion Motion to approve an Economic Development Grant in the amount of $10,000 for The Crosby Place, LLC. Request The City Clerks Office has received a written request for a $10,000 Economic Development Grant from Tim Richards, partner in The Crosby Place, LLC, for the Crosby Place banquet facility located at 120 North Crosby Avenue. The Crosby Place was issued a Reserve Class B license on July 13, 2009 and paid their initial $10,000 Reserve Class B license fee at that time. Background Alcohol licenses are regulated by State Statute Chapter 125 and Janesville Code of General Ordinances Chapter 5. In 1997, the State reduced the number of Class B licenses that a municipality may issue and created a new Reserve Class B alcohol license. A Class B license and a Reserve Class B license are the same except for the cost. A Class B license costs $600 per year and a Reserve Class B license costs $600 per year plus a one-time fee of $10,000 when the license is initially issued. The fees are paid to and retained by the City. Since the enactment of this Reserve Class B license fee, several cities in Wisconsin have created an economic development grant program which in effect refunds all or part of the initial $10,000 fee. In 2002, the City Council adopted an ordinance to establish such an Economic Development Grant Program to allow the City Council to issue a one-time non-repayable grant 1 to businesses who receive a Reserve Class B License. According to the ordinance, after submission by the applicant of a written application to the City Clerk for a grant, the City Council may provide an Economic Development Grant to the licensee in an amount not to exceed $10,000 following a review and recommendation from the Alcohol Licensing Advisory Committee (ALAC). The ordinance further provides that the City Council may consider the following criteria when determining whether to grant all or part of the $10,000 grant to a particular applicant: 1. That the extent to which the license and/or the grant will promote a redevelopment or rehabilitation project in the downtown or other commercial areas including the amount of investment, the extent of rehabilitation, historic preservation and public improvement effectuated, and related revitalization, health, welfare, peace and public good order factors. 2. That the applicant demonstrates that their investment and the establishment issued the Class B reserve intoxicating liquor alcohol beverage license is equal to or greater than the dollar amount of the grant request. 3. That the Class B reserve establishment is located at least 300 feet from any residential- zoned area. Analysis The Community Development Department has evaluated this request based on the above criteria and believes that the entire $10,000 initial license fee could be refunded as a grant. Staff’s findings are based on the following: 1. While the property is not located within the downtown area, it is located on the edge of a developed commercial corridor. This project is considered to be an in-fill development as it is re-using a portion of an existing building for a new banquet facility. In the approval of this project the developer is required to make building modifications to the assembly space and significant changes to the parking lot of the site including removing of paving and introduction of new greenspace. Not only does the project re-use an existing building, the greenspace and landscaping improvements have a positive impact on the neighborhood and community. 2. The investment to create the banquet facility is anticipated to increase the property value of the property in that the owners have invested $118,000 to date and when all improvements are created there will be over $200,000 of investment into the property. This amount of investment far exceeds the $10,000 initial license fee. 3. The proposed establishment is not located greater than 300 feet from a residentially- zoned area but the development was reviewed as a conditional use permit. Projects which require a conditional use permit receive additional analysis to ensure compatibility with surrounding land uses. Although this site is adjacent to residential zoned property, the requirement to be evaluated and approved through the conditional use process meets the intent of this criterion. cc: Eric Levitt Jacob J. Winzenz 2 NEIGHBORHOOD SERVICES MEMORANDUM June 9, 2009 TO: City Council FROM: Kelly Lee, Neighborhood Development Specialist SUBJECT: Action on a Proposed Resolution Authorizing the Acquisition and Rehabilitation of 407 Lincoln Street (File Res. 2009-630) Summary The Neighborhood Services Department has received a Neighborhood Stabilization Program (NSP) grant award of $1,003,743 to acquire, rehabilitate, demolish and redevelop foreclosed and abandoned properties. The property located at 407 Lincoln Street is a foreclosed home that is consistent with the grant application and award criteria. Department Recommendation The Plan Commission and the Neighborhood Services Department recommend that the City Council support a motion to approve Resolution 2009-630 authorizing the purchase of the property located at 407 Lincoln Street, at a price not to exceed $51,000 as part of the Neighborhood Stabilization Grant Program (NSP). City Manager Recommendation The City Manager concurs with the recommendation. Suggested Motion I move to approve file resolution 2009-630 authorizing the purchase of 407 Lincoln Street, at price not to exceed $51,000 as part of the Neighborhood Stabilization Grant Program. Background The Housing and Economic Recovery Act (HERA) of 2008 created the Neighborhood Stabilization Program, under which states, cities and counties will receive a total of $3.92 billion to acquire, rehabilitate, demolish, and redevelop foreclosed and abandoned residential properties. NSP funds are considered Community Development Block Grant (CDBG) funds. The U.S. Department of Housing and Urban Development (HUD) has made a total of $38,779,123 available to the State of Wisconsin and $9,187,465 to the City of Milwaukee. 1 In January 2009, the City Council authorized staff to apply for a Neighborhood Stabilization Grant Program through the State of Wisconsin Department of Commerce. The City of Janesville has recieved an award of $1,003,743. This program allows municipalities and qualified non-profit organizations to acquire foreclosed properties for the purpose of rehabilitation, redevelopment, or demolition. The Community Development Authority (CDA) and the Neighborhood Action Team assisted in formulating criteria for potential Neighborhood Stabilization Program grant projects, including: location in area of greatest need; located within either of the two redevelopment sites as identified in the City of Janesville Look West & Old Fourth Ward Neighborhood Revitalization Plan (Adopted th December 8, 2008); properties located along collector, major arterial streets, or minor arterial streets; properties located near schools or parks; properties th identified as poor or fair condition on the 4 Ward and Look West Housing Condition Report (or of similar condition for census tracts 6 &10). The property located at 407 Lincoln is a foreclosed, single family home in average condition. The project would include acquisition and minor rehabilitation to the property funded by the Neighborhood Stabilization Program (NSP) grant. Once the project is complete, the City of Janesville will market the house to a low to middle income individual or family to be used as an owner occupied home. The City will place deed restrictions on the property to assure this owner occupied status. The single family home was built in approximately 1870. The 1872 square foot, two-story property has 4 bedrooms and one and a half baths and an approximately 528 square foot detached garage. The home has a new roof and new vinyl windows; however, the interior of the property is dated. The City will update the interior and make all necessary interior repairs. Our grant includes an average estimated rehabilitation cost per single family property of $40,000 in NSP, $11,000 in Lead Hazard Reduction and $3,000 in Focus on Energy funding. Rehabilitation costs on this project are anticipated to be within that budget. The City has an accepted offer at a purchase price of $51,000 conditioned upon City Council approval. This falls within the limits established in the grant application. An appraisal of this property was completed by Modern Appraisal Services, LLC and they determined the value of the property to be at $59,000. Analysis A. The property is zoned R-2, Limited General Residence. B. The project will include acquisition and minor rehabilitation of the property funded through the Neighborhood Stabilization Program (NSP) grant. 2 C. The project is consistent with the criteria outlined by the Community Development Authority and the Neighborhood Action Team. The home is located in census tract 4 which has been identified as one of the areas of th greatest need in Janesville. The property is listed as “average” in the 4 Ward and Look West Housing Condition Report. D. The project is consistent with the City of Janesville Look West & Old Fourth Ward Neighborhood Revitalization Plan as well as the City of Janesville Comprehensive Plan. Plan Commission Action Gale Price, Manager of Building and Development Services presented the written staff report. There was a motion by Commissioner Voskuil with a second by Commissioner Helgerson to forward the acquisition of 407 Lincoln to the City Council with a favorable recommendation noting that the Plan Commission has not reviewed the financial aspects of this transaction. The motion carried on a 4-0-0 vote. cc: Eric Levitt, City Manager Jay Winzenz, Dir. of Administrative Services/Assistant City Manager Jennifer Petruzzello, Neighborhood Services Director 3 RESOLUTION NO. 2009-630 RESOLUTION AUTHORIZING THE ACQUISITION AND REHABILITATION OF REAL PROPERTY LOCATED AT 407 LINCOLN STREET WHEREAS , Wis. Stats. §§ 62.22 (1), 62.23 (17) (a), 62.23 (17) (b), 66.0101, 62.11(5) and Chapter 32 and other pertinent Wisconsin Statutes permit the City’s acquisition, development, ownership, protection, and conservation of parkland, open space, riverfront properties, and development properties; and WHEREAS, the City of Janesville has been awarded $1,003,743 through the Neighborhood Stabilization Program (NSP) grant; and WHEREAS , the Neighborhood Stabilization Program (NSP) grant must be used for acquisition, rehabilitation or demolition of foreclosed properties; and WHEREAS , the Community Development Authority (CDA) and the Neighborhood Action Team assisted in formulating criteria for potential Neighborhood Stabilization Program grant projects, including: location in area of greatest need; located within either of the two redevelopment sites as identified in the City of Janesville Look West & Old th Fourth Ward Neighborhood Revitalization Plan (Adopted December 8, 2008); properties located along collector, major arterial streets, or minor arterial streets; properties located near schools or parks; properties identified as poor or fair condition th on the 4 Ward and Look West Housing Condition Report (or of similar condition for census tracts 6 &10) WHEREAS , the City of Janesville Administration has negotiated an offer to purchase 407 Lincoln Street in the amount of Fifty One Thousand dollars ($51,000); and WHEREAS , the Janesville Plan Commission has reviewed this proposed acquisition on August 17th, 2009 and found it to be consistent with long range City plans, but not commenting upon the financial aspects of the transaction; and WHEREAS , the funding source for the acquisition and rehabilitation is the Neighborhood Stabilization Program (NSP) grant: NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville that they hereby approve and authorize the City Manager and/or his designee(s) to acquire and close upon the City’s purchase of the Property from the owners on behalf of the City; and BE IT FURTHER RESOLVED , that the City Manager and/or his designee(s) on behalf of the City of Janesville is/are hereby authorized and empowered to negotiate, draft, modify, review, execute, and enter into additional agreements, record, file and/or make minor modifications and/or amendments to any and all documents, papers, forms, and agreements, and to take whatever other actions as the City Manager may determine, from time to time and at any time, necessary and/or desirable to effectuate the intent of this resolution and/or the public good. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner McDonald Eric J. Levitt, City Manager Perrotto Rashkin ATTEST: Steeber Truman Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: City Attorney Proposed by: Prepared by: NEIGHBORHOOD SERVICES MEMORANDUM August 12, 2009 TO: City Council FROM: Kelly Lee, Neighborhood Development Specialist SUBJECT: Action on a Proposed Resolution Authorizing the Acquisition and Rehabilitation of 212 Madison Street (File Res. 2009-631) Summary The Neighborhood Services Department has received a Neighborhood Stabilization Program (NSP) grant award of $1,003,743 to acquire, rehabilitate, demolish and redevelop foreclosed and abandoned properties. The property located at 212 Madison Street is a foreclosed home that is consistent with the grant application and award criteria. Department Recommendation The Plan Commission and the Neighborhood Services Department recommend that the City Council support a motion to approve Resolution 2009-631 authorizing the purchase of the property located at 212 Madison Street, at a price not to exceed $41,000 as part of the Neighborhood Stabilization Grant Program (NSP). City Manager Recommendation The City Manager concurs with the recommendation. Suggested Motion I move to approve file resolution 2009-631 authorizing the purchase of 212 Madison Street, at price not to exceed $41,000 as part of the Neighborhood Stabilization Grant Program. Background The Housing and Economic Recovery Act (HERA) of 2008 created the Neighborhood Stabilization Program, under which states, cities and counties will receive a total of $3.92 billion to acquire, rehabilitate, demolish, and redevelop foreclosed and abandoned residential properties. NSP funds are considered Community Development Block Grant (CDBG) funds. The U.S. Department of Housing and Urban Development (HUD) has made a total of $38,779,123 available to the State of Wisconsin and $9,187,465 to the City of Milwaukee. The City of Janesville has received an award of $1,003,743. 1 In January 2009, the City Council authorized staff to apply for a Neighborhood Stabilization Grant Program through the State of Wisconsin Department of Commerce. This program allows municipalities and qualified non-profit organizations to acquire foreclosed properties for the purpose of rehabilitation, redevelopment, or demolition. The Community Development Authority (CDA) and the Neighborhood Action Team assisted in formulating criteria for potential Neighborhood Stabilization Program grant projects, including: location in area of greatest need; located within either of the two redevelopment sites as identified in the City of Janesville Look West & Old Fourth Ward Neighborhood Revitalization Plan (Adopted th December 8, 2008); properties located along collector, major arterial streets, or minor arterial streets; properties located near schools or parks; properties th identified as poor or fair condition on the 4 Ward and Look West Housing Condition Report (or of similar condition for census tracts 6 &10). The property located at 212 Madison is a foreclosed, single family home in fair condition. The project would include acquisition and minor rehabilitation to the property funded by the Neighborhood Stabilization Program (NSP) grant. Once the project is complete, the City of Janesville will market the house to a low to middle income individual or family to be used as an owner occupied home. The City will place deed restrictions on the property to assure this owner occupied status. The single family home was built in approximately 1900. The 1550 square foot, two-story property has 3 bedrooms and one bath. It appears that the previous owner began rehabilitation of the home prior to the foreclosure. The City will continue with the rehabilitation that is generally cosmetic in nature. Our grant includes an average estimated rehabilitation cost per single family property of $40,000 in NSP, $11,000 in Lead Hazard Reduction and $3000 in Focus on Energy funding. Rehabilitation costs on this project are anticipated to be within that budget. The City has an accepted offer at a purchase price of $41,000 contingent upon Council approval. This falls within the limits established in the grant application. Add appraised value here when updating for PC recommendation. Analysis A. The property is zoned R-4, Central Residence. B. The project will include acquisition and minor rehabilitation of the property funded through the Neighborhood Stabilization Program (NSP) grant. C. The project is consistent with the criteria outlined by the Community Development Authority and the Neighborhood Action Team. The home is located in census tract 4 which has been identified as one of the areas of th greatest need in Janesville. The property is listed as “fair” in the 4 Ward and Look West Housing Condition Report. 2 D. This property is identified in the Look West Redevelopment Concept area in the Look West & Old Fourth Ward Neighborhood Revitalization Plan for residential infill. This concept includes renovation of historic homes. E. The project is consistent with the City of Janesville Look West & Old Fourth Ward Neighborhood Revitalization Plan as well as the City of Janesville Comprehensive Plan. Plan Commission Action Gale Price. Manager of Building and Development Services, presented the written staff report. There was a motion by Commissioner Voskuil with a second by Commissioner Helgerson to forward the acquisition of 407 Lincoln to the City Council with a favorable recommendation noting that the Plan Commission has not reviewed the financial aspects of this transaction. The motion carried on a 5-0-0 vote. cc: Eric Levitt, City Manager Jay Winzenz, Dir. of Administrative Services/Assistant City Manager Jennifer Petruzzello, Neighborhood Services Director 3 RESOLUTION NO. 2009-631 RESOLUTION AUTHORIZING THE ACQUISITION AND REHABILITATION OF REAL PROPERTY LOCATED AT 212 MADISON STREET WHEREAS , Wis. Stats. §§ 62.22 (1), 62.23 (17) (a), 62.23 (17) (b), 66.0101, 62.11(5) and Chapter 32 and other pertinent Wisconsin Statutes permit the City’s acquisition, development, ownership, protection, and conservation of parkland, open space, riverfront properties, and development properties; and WHEREAS, the City of Janesville has been awarded $1,003,743 through the Neighborhood Stabilization Program (NSP) grant; and WHEREAS , the Neighborhood Stabilization Program (NSP) grant must be used for acquisition, rehabilitation or demolition of foreclosed properties; and WHEREAS , the Community Development Authority (CDA) and the Neighborhood Action Team assisted in formulating criteria for potential Neighborhood Stabilization Program grant projects, including: location in area of greatest need; located within either of the two redevelopment sites as identified in the City of Janesville Look West & Old th Fourth Ward Neighborhood Revitalization Plan (Adopted December 8, 2008); properties located along collector, major arterial streets, or minor arterial streets; properties located near schools or parks; properties identified as poor or fair condition th on the 4 Ward and Look West Housing Condition Report (or of similar condition for census tracts 6 &10) WHEREAS , the City of Janesville Administration has negotiated an offer to purchase 212 Madison Street in the amount of Forty One Thousand dollars ($41,000); and WHEREAS , the Janesville Plan Commission has reviewed this proposed acquisition on August 17th, 2009 and found it to be consistent with long range City plans, but not commenting upon the financial aspects of the transaction; and WHEREAS , the funding source for the acquisition and rehabilitation is the Neighborhood Stabilization Program (NSP) grant: NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville that they hereby approve and authorize the City Manager and/or his designee(s) to acquire and close upon the City’s purchase of the Property from the owners on behalf of the City; and BE IT FURTHER RESOLVED , that the City Manager and/or his designee(s) on behalf of the City of Janesville is/are hereby authorized and empowered to negotiate, draft, modify, review, execute, and enter into additional agreements, record, file and/or make minor modifications and/or amendments to any and all documents, papers, forms, and agreements, and to take whatever other actions as the City Manager may determine, from time to time and at any time, necessary and/or desirable to effectuate the intent of this resolution and/or the public good. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner McDonald Eric J. Levitt, City Manager Perrotto Rashkin ATTEST: Steeber Truman Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: City Attorney Proposed by: Prepared by: DEPARTMENT OF PUBLIC WORKS MEMORANDUM August 18, 2009 TO: City Council FROM: Jacob J. Winzenz, Director of Admin. Services/Asst. City Manager SUBJECT: Award of Bid Schedule “H” – 2009 Contract 2009-22, Storm Sewer Improvements Contract 2009-23, Parker Drive Parking Structure Contract 2009-24, Highridge Greenbelt Improvement Summary Bids for Public Works Schedule “H” were opened on Wednesday, August 12, 2009. The Engineering Division is recommending the Council award contracts 2009-22, -23, -24 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 $108,000 for the Storm Sewer Improvements, $2,900,000 for the Parker Drive Parking Structure, and $415,000 for the Highridge Greenbelt Improvement. Recommendation Following Review by the Council, the Engineering Division recommends awarding contracts 2009-22, -23, -24 to the low bidders. Suggested Motion I move to award contracts 2009-22, -23, -24 to the low bidders and that the City Council express their intent to include in the 2009 Note Issue $108,000 for the Storm Sewer Improvements, $2,900,000 for the Parker Drive Parking Structure, and $415,000 for the Highridge Greenbelt Improvement. City Manager’s Recommendation I concur with the recommendation of the Engineering Division to award contracts 2009-22 and 2009-24 to the low bidders. The base bid for the Parker Drive Parking Structure (contract 2009-23) includes a covered walkway between the parking structure and the property located at 101 E. Milwaukee Street owned by SARA Investments. SARA Investments has indicated they will contribute $17,500 in cash (approximately ½ of low-bidders cost for this alternative) towards this improvement. In addition, they have agreed to provide office space in their building for the construction manager. This is estimated to save approximately $15,000 in project costs. With this public-private partnership I concur with the recommendation of the Engineering Division to award the base bid for contract 2009-23 (Parker Drive Parking Structure) to the low bidder. j:\agenda review\approved agenda items\2009\8-24-2009\contract award bid schedule h - memo.doc Background Contract 2009-22, Storm Sewer Improvements This contract reconstructs a damaged section of storm sewer in St. Lawrence Avenue between Main Street and the Rock River that was damaged in the 2008 flood, as well as relocates the Main Street / Centerway storm sewer discharge from above the Centerway dam to below the dam which will help prevent future flooding of Main Street. Engineering staff worked with the property owner at the southwest quadrant of the Main Street / Centerway intersection to obtain an easement to allow this flood mitigation relocation. Funding for this project is two sources: FEMA paid the City $44,408.48 toward the St. Lawrence Avenue repair and the remaining $107,241.52 is proposed for inclusion in the 2009 Note Issue. We received four (4) bids for this project with R. T. Fox Contractors, Inc. providing the low bid. The Engineering Division is recommending award of this contract to R. T. Fox Contractors, Inc. of Edgerton, Wisconsin in the amount of $151,650. There were two parts to this bid for the project which are described below: ? Part A – Centerway and Main Street ? Part B – St. Lawrence Avenue Contract 2009-23, Parker Drive Parking Structure This project constructs a 4-level parking structure at the southwest corner of Parker Drive and E. Wall Street providing approximately 235 parking spaces. The City’s capital budget planning for this project included $4,000,000 for design and construction. The preliminary project plans were presented to the Council at the May 11, 2009 meeting. The estimate at the time for the entire project including construction and design was $4,400,000 for a 4-level parking structure. This cost estimate did not include several alternatives that the Council requested be included in the base bid. These alternatives would have increased that cost estimate. It was hoped that the bid climate would result in favorable bids below the cost estimate. The Design Committee played a significant role in developing this project scope with the designer and construction manager. The base bid package reflects the project components recommended by the Design Committee and approved by the City Council on May 11, 2009. There were five alternate bids for this project which would reduce the scope and features of this project. These are described below: ? Alternate Bid Item A – delete brick facing from all precast and substitute formed and stained concrete surface for a brick look. j:\agenda review\approved agenda items\2009\8-24-2009\contract award bid schedule h - memo.doc ? Alternate Bid Item B – provides a 3 ½ level parking structure scheme in lieu of a 4-level parking structure. For pricing of this alternate the bidders were instructed to assume that Alternate A is accepted first. ? Alternate Bid Item C – provides asphalt pavement with additional limestone base for the ground level interior floor in lieu of concete. ? Alternate Bid Item D – provides the cost to eliminate a canopy from the elevator tower to an adjacent building. ? Alternate Bid Item E – provides an informational price to substitute metal halide project lighting in lieu of induction lighting. The total project costs are as follows: Miscellaneous City Costs: $10,150 Design and Construction Management fees: $512,770 Construction Contingency (4.8%): $168,350* Construction Contract: $3,508,730 Total Project Cost: $4,200,000 *The designer recommends a 4-5% construction contingency for this project based on the anticipated underground conflicts remaining from the previous parking structure on this site. We received five (5) bids for this project. with J.P. Cullen & Sons, Inc. providing the low base bid. The Engineering Division is recommending award of this contract to J.P. Cullen & Sons, Inc. of Janesville, Wisconsin in the amount of $3,508,730. Contract 2009-24, Highridge Greenbelt Improvement This contract restores an existing greenbelt to correct significant ongoing erosion. The project includes tree and brush removal, excavation, grading, installing heavy rip rap, gabion baskets, and restoration of the work area. The Engineering Division held a neighborhood meeting to discuss this project to receive input from neighbors. Surveying of the hillside and preliminary design work was conducted by AECOM. The condition of this greenbelt was significantly affected during the recent rains causing additional erosion problems therefore a significant contingency is recommended for this project. Funding of $415,000 in the 2009 Note Issue is recommended for this project. We received five (5) bids for this project with Bjoin Limestone, Inc. providing the low bid. The Engineering Division is recommending award of this contract to Bjoin Limestone, Inc. of Janesville, Wisconsin in the amount of $280,861.60. Fiscal Impacts In an agenda item later in this meeting the City Council will be asked to schedule a study session to review the proposed 2009 Note Issue. At this point in time it appears that the General Fund portion of the proposed 2009 Note Issue will be j:\agenda review\approved agenda items\2009\8-24-2009\contract award bid schedule h - memo.doc approximately $6,800,000, which includes the borrowing of $2,900,000 for the parking structure. The City Council has previously committed to fund most of the projects included in the proposed Note Issue. Debt service on $2,900,000 over 10-years is estimated to average $356,000 per year, or approximately $4.50 for the owner of the average home assessed at $113,300. The impact of a $6,800,000 Note Issue on the 2010 General Fund budget is an increase in the tax rate of approximately 1.2%, or $9.65 for the owner of an average home. Attachment cc: Eric Levitt j:\agenda review\approved agenda items\2009\8-24-2009\contract award bid schedule h - memo.doc Bid Opening: 12 August 2009 Page 1 of 2 CITY OF JANESVILLE TABULATION OF BIDS PUBLIC WORKS BID SCHEDULE “H” – 2009 2009-22 STORM SEWER IMPROVEMENTS R. T. Fox Contractors, Inc. Part A: $57,050.00 5628 Highway M Part B: $94,600.00 Burlington, WI 53105 Total: $151,650.00 Iverson Construction, LLC Part A: $75,435.00 3190 County Hwy. N Part B: $82,870.00 Cottage Grove, WI 53527 Total: $158,305.00 Globe Contractors, Inc. Part A: $87,725.00 N50 W23076 Betker Road Part B: $94,420.00 Pewaukee, WI 53072 Total: $182,145.00 E & N Hughes Co., Inc. Part A: $87,890.50 N2629 Coplien Road, P.O. Box 408 Part B: $98,801.00 Monroe, WI 53566 Total: $186,691.50 2009-23 PARKER DRIVE PARKING STRUCTURE J. P. Cullen & Sons, Inc. Base Bid: $3,508,730 330 E. Delavan Drive Alternate A: $(38,800) Janesville, WI 53546 Alternate B: $(207,855) Alternate C: $11,172 Alternate D: $(35,753) Alternate E: $(26,000) Stevens Construction Corp. Base Bid: $3,553,000 5100 Eastpark Blvd., Suite 300 Alternate A: $(60,000) Madison, WI 53718 Alternate B: $(220,000) Alternate C: $(2,484) Alternate D: $(98,096) Alternate E: $(26,000) Tri-North Builders Base Bid: $3,592,000 2625 Research Park Alternate A: $(21,400) Fitchburg, WI 53711 Alternate B: $(211,000) Alternate C: $(21,200) Alternate D: $(50,000) Alternate E: $(26,000) J:\Agenda Review\Approved Agenda Items\2009\8-24-2009\Contract Award Bid Schedule H - Bid Results.doc Bid Opening: 12 August 2009 Page 2 of 2 CITY OF JANESVILLE TABULATION OF BIDS PUBLIC WORKS BID SCHEDULE “H” – 2009 2009-23 PARKER DRIVE PARKING STRUCTURE (Continued) J. H. Findorff & Son, Inc. Base Bid: $3,614,000 300 S. Bedford Street Alternate A: $(99,000) Madison, WI 53703 Alternate B: $(304,000) Alternate C: $(21,000) Alternate D: $(90,000) Alternate E: $(27,000) Klobucar Construction Co., Inc. Base Bid: $3,815,000 3140 East County Road S Alternate A: $(21,640) Beloit, WI 53511 Alternate B: $(214,770) Alternate C: $(4,150) Alternate D: $(74,000) Alternate E: $(26,220) 2009-24 HIGHRIDGE GREENBELT IMPROVEMENT Bjoin Limestone, Inc. Total Bid: $280,861.60 7308 W. State Road 11 Janesville, WI 53548 E & N Hughes Co., Inc. Total Bid: $326,936.25 N2629 Coplien Road, P.O. Box 408 Monroe, WI 53566 Custom Ditching, Inc. Total Bid: $354,492.50 17 Auburn Drive Beloit, WI 53511 Frank Silha & Sons Excavating, Inc. Total Bid: $355,370.25 348 Highway 14 East Janesville, WI 53546 Speedway Sand & Gravel, Inc. Total Bid: $452,402.50 8500 Greenway Blvd. #202 Middleton, WI 53562 J:\Agenda Review\Approved Agenda Items\2009\8-24-2009\Contract Award Bid Schedule H - Bid Results.doc 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 CITY MANAGER’S MEMORANDUM August 19, 2009 TO: City Council FROM: Eric J. Levitt, City Manager SUBJECT: Action to Schedule a Study Session The City Manager requests that the City Council schedule a study session to review the proposed 2009 Note Issue. Three potential study session dates are listed below with a recommended starting time of 6:30 p.m.: September 8, 2009 (Tuesday) September 15, 2009 (Tuesday) September 16, 2009 (Wednesday) Thank you for your consideration. 1