Full Agenda Packet CITY OF JANESVILLE
CITY COUNCIL MEETING AGENDA
MONDAY, September 14, 2009
7:00 P.M.
1. Call to Order and Pledge of Allegiance.
2. Roll Call.
3. Minutes of City Council meetings: “C”
A. Regular meeting of August 24, 2009.
B. Special meeting of August 27, 2009.
C. Closed session of June 22, 2009.
4. Licenses; and Recommendations of the Alcohol License Advisory
Committee. (Refer to separate agenda.) “C”
5. Action on a motion to approve final Certified Survey
Map 09005-C, Dan Fuerstenberg, 2 lots on Pine Street. “C”
6. Authorization for the Administration to deny a claim for refund
of allegedly illegal taxes from Robert Redmond for Sun Vista
Properties (2010 & 2016 Kellogg Avenue). “C”
7. Special recognition: Action on a proposed resolution in commendation of
Mike Rundle’s service to the City of Janesville. (File Res. No. 2009-633)
8. Action on a proposed resolution supporting the YWCA’s Walk a Mile in Her
Shoes event to stop domestic violence. (File Res. No. 2009-634)
9. Action on a proposed resolution recognizing October, 2009 as Arts Month in
the City of Janesville. (File Res. No. 2009-635)
10. Action on a proposed resolution celebrating the fifth anniversary of the
Janesville Performing Arts Center. (File Res. No. 2009-637)
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“C” – This designation indicates an item that the City Council will take up under a
Consent Agenda.
City Council Agenda – September 14, 2009
Page 2
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.
NEW BUSINESS
1. Action on a financial gain request from Conquer Chiari Walk Across
America.
2. Action on a financial gain request from the Rock County Historical Society
for a cemetery tour.
3. Action on a request to waive the special event fee for the Rock County
Historical Society cemetery tour.
4. Recommendation of the Transportation Committee: Public hearing and
action on a proposed resolution authorizing the removal of traffic control
signals at:
1) West Delavan Drive & Ogden Street (Gilman Driveway)
2) Academy Street & West Milwaukee Street
3) Beloit Avenue & State Street
4) Elliott Street & South Jackson Street
5) South Jackson Street Between State Street & Elliott Street (GM
driveway)
6) South Jackson Street & West State Street
(File Res. No. 2009-636)
5. Discussion/possible action on request from Janesville Youth Hockey
Building Committee for City Council consideration on City providing
funding to build new ice rink.
6. Authorization to submit a grant application to the Economic Development
Administration for funding to construct a business incubator.
City Council Agenda – September 14, 2009
Page 3
NEW BUSINESS (CONTINUED)
7. Request for City Council to determine whether to overturn City Manager’s
decision on Wisconsin Hockey Partners advertising signage at the ice rink.
8. Schedule a Metropolitan Planning Organization (MPO) Policy Board Meeting.
9. Recommendation of the Transportation Committee: Introduce and schedule
a public hearing on a proposed ordinance amending the list of connecting
arterial streets. (File Ord. No. 2009-438)
10. Matters not on the Agenda.
11. 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 a TIF development
agreement for TIF #33.
PROCEEDINGS OF THE CITY COUNCIL
CITY OF JANESVILLE, WISCONSIN
REGULAR MEETING
AUGUST 24, 2009
VOL. 60
NO. 14
Regular meeting of the City Council of the City of Janesville held in the Municipal Building on August 24,
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, and
Steeber. Councilmember Voskuil was absent.
CONSENT AGENDA
Minutes of the regular meeting of August 10, 2009.
Licenses and Recommendations of the Alcohol License Advisory Committee, including a negative
recommendation for an operator’s license for Kyle Hannaford.
Action on a motion to approve final Certified Survey Map 09009-C, Norm Weitzel, 2 lots and 1 outlot
along Midland Court.
Financial statement for the month of July 2009.
Authorization for the Administration to deny a liability claim from Lloyd Smith, DDS, in the amount of
$12,851.95.
Council President Truman stated the negative recommendation for an operator’s license for Kyle
Hannaford would be removed from the consent agenda and the remaining items would be approved if
there were no objections. There were none.
Mr. Hannaford addressed the Council concerning his operator’s application. Councilmember Steeber
moved to deny said operator’s license based on the information presented to the Council, seconded by
Councilmember Brunner and passed unanimously.
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Action on a proposed resolution celebrating the 150 year of Abraham Lincoln’s visit to the City of
Janesville. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember
Rashkin and passed unanimously. (File Res. No. 2009-632)
Action on a proposed resolution supporting universal access to quality health care. Councilmember
Rashkin moved to adopt said resolution, seconded by Councilmember McDonald. Councilmember
McDonald moved to postpone said resolution until such time as the resolution can be rewritten,
seconded by Councilmember Rashkin and passed by the following vote: Aye: McDonald, Perrotto,
Rashkin, Steeber, and Truman. Nay: Brunner (File Res. No. 2009-629)
OLD BUSINESS
1. Requests and comments from the public regarding items on the agenda not requiring a public
hearing. Melissa Malott, representative for Clean Wisconsin, spoke in favor of a water conservation
program (New Business #5). Andreah Briarmoon, 339 S. Locust St., thanked Council for discussing
health care (Consent item); and spoke against mandatory evacuation plan (New Business #4). Marv
Wopat, 35 W. Maple Ln., Milton, WI, representing Partners in Prevention, asked Council to support
Family Fun Fest and to waive the $300 fee for using Riverside Park (New Business #3). Christine
Moore, 18 S. Jackson St., and Dave Stone, 1612 Highpoint Rd., Middleton, WI, representing Sara
Investment Real Estate, spoke in favor of awarding Parker Dr. parking structure contract (New
Business #10). Leo Sokolik, 1311 S. Arch St., asked the Council to require JP Cullen’s subcontractors
be from Janesville (New Business #10).
2. Requests and comments from the public on matters which can be affected by Council action.
Andreah Briarmoon, 339 S. Locust St., stated street sweeping cycle not occurring regularly; asked
Council to investigate how yard waste is collected by Public Works Department; stated study sessions
should include presentations by citizen groups; asked Council to make the Note Issue part of the annual
budget discussion; and also asked the Council to create Ward Supervisors.
NEW BUSINESS
1. Presentation by Sustainable Janesville Committee. Katie Udell and Dan Swanson gave presentation
on “green” building. No Council action taken.
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. The Board of Partners in Prevention withdrew their request.
No Council action taken.
3. Action on a request to waive the special event fees for Partners in Prevention Family Fun Fest event
to be held on September 12, 2009. Councilmember Steeber moved to approve the request to waive the
special event fees for Partners in Prevention Family Fun Fest event on September 12, 2009, seconded
by Councilmember Brunner and passed by the following vote: Aye: Brunner, Rashkin, Steeber, and
Truman. Nay: McDonald and Perrotto.
4. Discussion and direction to staff on preparation of Emergency Evacuation Plan to facilitate
reconstruction of 1709 Joseph Street. Councilmember Steeber made a motion to deny the Emergency
Evacuation Plan, seconded by Councilmember Rashkin and passed by the following vote: Aye:
Brunner, McDonald, Perrotto, Rashkin, and Steeber. Nay: Truman.
5. Authorization for the City Manager to enter a stipulation with Clean Wisconsin for a Water
Conservation Program. Councilmember Steeber moved to authorize the City Manager to enter a
stipulation with Clean Wisconsin for a Water Conservation Program, seconded by Councilmember
Perrotto and passed unanimously.
6. Discussion and direction to staff on televising City Council study sessions on JATV. Councilmember
Rashkin made a motion to direct JATV to televise all study sessions in the Council Chambers with
Council at the dias, seconded by Councilmember Steeber and passed by the following vote: Aye:
Brunner, Perrotto, Rashkin, Steeber, and Truman. Pass: McDonald.
7. Review and approval of an economic development grant to The Crosby Place, LLC at 120 North
Crosby Avenue. Councilmember McDonald moved to approve an economic development grant to The
Crosby Place, LLC at 120 North Crosby Avenue, seconded by Councilmember Steeber and passed
unanimously.
8. Action on a proposed resolution approving the acquisition of properties under the Neighborhood
Stabilization Program (407 Lincoln Street). Councilmember Rashkin moved to adopt said resolution,
seconded by Councilmember Steeber and passed unanimously. (File Res. No. 2009-630)
9. Action on a proposed resolution approving the acquisition of properties under the Neighborhood
Stabilization Program (212 Madison Street). Councilmember Steeber moved to adopt said resolution,
seconded by Council President Truman and passed unanimously. (File Res. No. 2009-631)
10. Award of contracts C2009-22 (storm sewer improvements), C2009-23 (Parker Drive parking
structure), and C2009-24 (Highridge Road greenbelt improvement) for Public Works Bid Schedule “H”-
2009. Councilmember Steeber moved to award said contracts to the lowest bidders, seconded by
Councilmember Brunner. The Maker offered a friendly amendment to approve and vote on each
contract individually and the Seconder agreed. The individual votes were as follows and all passed
unanimously:
Contract C2009-22 RT Fox Contractors, Edgerton, WI $ 151,650.00
Contract C2009-23 JP Cullen & Sons, Inc., Janesville, WI $3,508,730.00
Contract C2009-24 Bjoin Limestone, Inc., Janesville, WI $ 280,861.60
11. Presentation and action on a proposed Ice Skating Center Advisory Committee (Council Policy
Statement 83). Councilmember Steeber moved to approve the proposed Council Policy Statement 83,
seconded by Councilmember Rashkin and passed unanimously.
12. A study session for the 2009 Note Issue was scheduled by Council President Truman for 5:00 PM
on September 14, 2009. Council President Truman cancelled the Listening Session on September 14,
2009.
13. Matters not on the agenda. Councilmember McDonald requested a list of funds on hand for the
Note Issue study session. Councilmember Steeber stated CNN Money ranked Janesville as No. 3
community for home affordability. Councilmember Rashkin requested a revised healthcare resolution
be placed on the next Council agenda and requested a co-sponsor for a resolution recognizing October
as Arts Month, seconded by Councilmember Steeber. Council President Truman requested an update
on 1608 Grant St. and requested Building Services review 1909 Joseph St. for possible violations;
requested the use of a police officer for security be placed on a future agenda for Council discussion;
and asked for a second to place increasing the number of alcohol licenses on a future agenda,
seconded by Councilmember Steeber.
14. 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 McDonald and passed unanimously.
There being no further business, Council convened into closed session at 10:35 PM.
These minutes are not official until approved by the City Council.
David T. Godek
Deputy Clerk-Treasurer
PROCEEDINGS OF THE CITY COUNCIL
CITY OF JANESVILLE, WISCONSIN
SPECIAL MEETING
AUGUST 27, 2009
VOL. 60
NO. 15
Special meeting of the City Council of the City of Janesville held in the Municipal Building
on August 27, 2009. The meeting was called to order by Council President Truman at
6:00 PM. Council President Truman led the Council in the Pledge of Allegiance.
Present: Council President Truman, Councilmembers Brunner, McDonald (arrived at 6:08
P.M.), Perrotto, Rashkin, Steeber, and Voskuil.
Review of Tallman House Report
City Manager Levitt stated the Tallman House provides stability to the Look West
Neighborhood and recommended Council approve $300,000 to $600,000 in immediate
repairs. Community Development Director Brad Cantrell stated the Administration was
looking for direction from the Council on what level of funding the Council is comfortable
moving forward with in the next couple of years.
Kevin Donahue, Engberg Anderson, gave a presentation on the historic structures report
provided to Council and highlighted areas of the Tallman House that need repair.
The Council reached a consensus to move forward with immediate repair needs and
directed the Administration to develop a 3-5 year business and maintenance plan with the
help of the Rock County Historical Society.
Matters not on the agenda
Council President Truman asked for a report on the roof at Riverside Golf Course.
Councilmember McDonald asked that staff remove the stop signs placed at Beloit Ave. and
Delevan Dr. during the power outage earlier in the day.
Councilmember Steeber moved to adjourn, seconded by Councilmember Rashkin and
passed unanimously.
There being no further business, the Council adjourned at 7:54 PM.
These minutes are not official until approved by the City Council.
David T. Godek
Deputy Clerk-Treasurer
JANESVILLE CITY COUNCIL
LICENSE AGENDA
9/14/2009
RECOMMENDED
A. ELECTRICIANS – ORIGINAL
Michael Chance 2124 Crosby St., Rockford, IL
B. CHANGE IN PREMISE TO ALLOW OUTDOOR SEATING (See attached memo).
CSP, INC. 101 E. Milwaukee St.
Contingent upon fencing requirement.
NO RECOMMENDATION
A. ORIGINAL CLASS B INTOXICATING LIQUOR AND FERMENTED MALT LICENSE
HILL TOP
Farrokh Shahlapour & Jaleh Dabiri 121-123 E. Milwaukee St.
Community Development Department Memorandum
September 9, 2009
TO: Janesville City Council
FROM: Duane Cherek, Manager of Planning Services
SUBJECT: Final CSM 09005-C, Dan Fuerstenberg, 1 Lot and 1 Outlot on S. Pine
Street.
I. RECOMMENDATION
The Plan Commission and Community Development Department recommends
that the City Council support a motion to approve Final CSM 09005-C.
City Manager recommendation
The City Manager concurs with the Plan Commission.
II. REQUEST
Dan Fuerstenberg requests approval of a certified survey map that will create 1
Lot and 1 Outlot located along S. Pine Street. The subject property includes an
existing lot that is currently developed with a single-family residence and
detached garage. The owner wishes to create a separate lot for the residence
and garage on Lot 1, and retain the undeveloped portion of the property as Outlot
1. The outlot adjoins the owner’s auto repair business on the adjoining property
to the west. The property is split zoned between the R2-General Residence
District and the B3-General Commercial District.
III. ANALYSIS
A. The south portion of the survey area was rezoned from R2 to B3 earlier this
year to accommodate a proposed expansion of the applicant’s auto repair use
and placement of mini-storage units on Outlot 1. While the applicant’s plans
for commercial expansion have not transpired, he would like to pursue the
creation of a separate lot containing the residence and garage. This lot is
intended to be sold to the tenant currently occupying the residence.
B. The survey proposes to subdivide a 0.58 acre lot into two lots. Proposed Lot
1 is zoned R3 and contains an existing residence and detached garage. The
undeveloped portion of the site is being surveyed as an outlot. The outlot will
need to be resurveyed and combined with the applicant’s adjoining property
to the west if developed as intended to accommodate a business expansion.
C. The proposed lots comply with the standards of the Subdivision Ordinance.
D. Since the land has been previously platted, no land division assessments
apply. Additionally, sidewalks do not exist and are not planned for the S. Pine
Street frontage of the survey area.
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 – 8 SEPTEMBER 2009
The Plan Commission unanimously agreed to forward Final CSM 09005-C to the
City Council with a favorable recommendation.
cc: Brad Cantrell
DUM
CITY ATTORNEY’S OFFICE MEMORAN
August 14, 2009
TO: Common Council
Wald Klimczyk, City Attorney
FROM:
Claim for Illegal Assessment by Sun Vista Properties, LLC
SUBJECT:
FACTS
On Thursday, July 9, 2009, Robert R. Redmond and his wife, Rosemary Redmond, of
77 Spring Creek Road, Barrington Hills, Illinois 60010, on behalf of Sun Vista
Properties, LLC, owner of two properties within the City of Janesville, filed a signed
written “Claim Against City of Janesville, WI For Unlawful Tax Assessed” (“Claim”). Sun
Vista Properties, LLC is registered with the Wisconsin Department of Financial
Institutions as a Wisconsin domestic limited liability company with a principal business
address the same as for Robert and Rosemary Redmond but with a mailing address of
PO Box 201, Fox River Grove, Illinois, 60021 (“Claimant”). The Claim combines two
claims – one for each property -- concerning the January 1, 2008 assessment and
general property taxes of two separate apartment buildings:
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PIN 0411100298 located at 2010 West Kellogg Avenue; and
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PIN 0411100299 located at 2016 West Kellogg Avenue.
RECOMMENDATION
After considering the Claim in open session, the Common Council should entertain, act
upon, and adopt a motion to deny the Claim of Sun Vista Properties, LLC concerning
the January 1, 2008 assessments and general property taxes for the two properties and
improvements thereon located at 2010 and 2016 West Kellogg for the reasons set forth
in this memo.
If denied by the Common Council, then the City Clerk-Treasurer’s Office, by registered
or certified mail, should send a letter to the Claimant indicating that its combined Claim
concerning the January 1, 2008 assessment and general property taxes paid is denied
and disallowed, together with a photocopy of this Memorandum setting forth the factual
and legal basis for denial.
CITY MANAGER RECOMMENDATION
The City Manager supports the City Attorney’s recommendation.
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SUGGESTED MOTION
I hereby move to deny the Claim of Sun Vista Properties, LLC concerning the January
1, 2008 assessments and general property taxes for the two properties and
improvements thereon located at 2010 and 2016 West Kellogg for the reasons set forth
in the City Attorney’s Memorandum, dated August 14, 2009.
DISCUSSION
The Claimant seeks recovery of what it calls the “excessive” portion of the 2008 general
property taxes that it paid for these two Kellogg Avenue apartment properties. No
matter how the Claimant characterizes or explains it, the nature of its Claim is one
challenging the Assessor’s January 1, 2008 assessed valuation of each property. For
the specific reasons discussed more fully below, it is too late for the Claimant to
challenge the 2008 valuation of, or the taxes it paid for, either property. The combined
Claim is barred by law. No refund of any amount can be made.
The Claimant alleges that the Assessor’s January 1, 2008 assessments and the
property taxes it paid in 2008 for its two properties located at 2010 and 2016 West
Kellogg Avenue were “excessive.”
Since each of the Claimant’s two apartment buildings sit on a separate lot, each
constitutes a separate claim; although, the Claimant combined the two for purposes of
its July 9, 2009 written Claim for tax year 2008. The two properties are owned by Sun
Vista Properties, LLC, which full LLC membership Robert Redmond and/or his wife
allegedly purchased on July 24, 2008 for $1,593,250.00 from previous member(s).
Note that the purchase was for membership in the LLC, not the properties themselves.
The LLC owned – and still owns – the land and apartment buildings. Though of interest,
this LLC membership change has no bearing on the 2008 assessed valuations or their
correctness.
The Claimant alleges that the January 1, 2008 assessments were too high because of
valuation errors by the Assessor. This resulted in taxes for 2008 that the Claimant
contends were excessive. The Claimant demands a refund of the difference between
what the Claimant actually paid in taxes for each property in 2008 and the lower amount
that the Claimant believes it only should have paid had the assessments been lower,
together with 0.8% per months interest thereon from the date of the alleged
overpayments.
The Claimant calculates Sun Vista Properties’ combined Claim as follows:
Total Amount of Claim: $12,791.30
Parcel Number & Address 2008 taxes 2007 taxes Difference
paid paid
0411100298 – 2010 W. Kellogg $12,999.77 $6,604.51 $6,395.26
0411100299 – 2016 W. Kellogg 13,054.02 6,657.98 6,396.04
Totals $26,053.79 $13,262.49 $12,791.30
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The Claimant alleges that the 2008 Assessor valuations and assessments were too
high because they were calculated erroneously. The Claimant calls these “arithmetic
and computational errors” by the Assessor. The Claimant contends that the
assessments contained “palpable errors” made by the Assessor under Wis. Stats.
§74.33.
Although the Claimant attempts to portray errors in the manner and methods used by
the Assessor, what the Claimant actually argues is that the Assessor must have been in
error since he didn’t agree with the much lower amount at which Sun Vista would have
liked the Assessor to value the properties.
There was no error in the Assessor’s methods or procedures. There were no
arithmetical, computational, or other errors. There were no “palpable errors.” There is
nothing to correct. The Assessor followed the law and correctly valued and assessed
the properties for 2008 and 2009. The Claimant alleges Assessor error simply because
his assessments were higher than what Sun Vista would have preferred.
The Assessor correctly valued each property and apartment building. The Board of
Review upheld the Assessor’s 2009 assessments of each property, finding each correct
and proper.
The Claimant, however, never challenged the 2008 assessments and never appeared
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before the 2008 Board of Review. Instead, the Claimant attempts to challenge and
reverse the 2008 assessments and obtain a refund of some of the taxes it paid in 2008
through this “back door” approach – one that is barred for several reasons.
Claimant cites Wis. Stats. §74.33 as the legal procedure and basis for recovery. That
statute does not apply for various reasons addressed below.
Wis. Stats. §74.37 and perhaps §75.35 are the statutes that apply. They set forth the
procedures for recovery of allegedly excessive or unlawful taxes, respectively. But each
statute sets forth requirements and conditions for recovery that the Claimant has failed
to satisfy. The Claim, therefore, is barred under the applicable statutes.
Methodology For Computing Claimed Amount(s)
First, the Claimant’s methodology for computing the amount of the claim is not
recognized by state statute or case law. Second, what the Claimant contends is the
“correct” 2008 assessment has no basis in fact or law. Third, the statute of limitations
for bringing a Claim has expired. The Claim for either property is forever barred. Fourth,
the Claimant failed to comply with other conditions required before a claim can be
considered or allowed.
74.33 Palpable Error Claim
In its July 9, 2009 Claim, the Claimant combines both properties and asserts that Wis.
Stats. §74.33 allows recovery. This is the statute that allows recovery of the amount of
taxes paid due to a “palpable error” by an Assessor. There was no error, let alone a
palpable error, by the Assessor concerning either property for 2008. This statute
1
The 2008 Board of Review met on July 10, 2008. Neither the Claimant or anyone on its behalf challenged the
2008 assessments in any manner and never appeared before the 2008 Board of Review.
3
enumerates the errors for which a correction and refund can be lawfully made. None of
the errors listed occurred. None apply:
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“74.33(1)(a) A clerical error has been made in the description of the property or
in the computation of the tax.” There was no error by the Assessor in the
description of the property or in the computation of the tax. A taxpayer
disagreeing with a valuation does not render the computed tax a clerical in error.
The tax computed was correct. It’s the assessed value with which the Claimant
takes issue.
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“74.33(1)(b) The assessment included real property improvements which did not
exist on the date under s. 70.10 for making the assessment.” The Claimant does
not allege any error here.
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“74.33(1)(c) The property is exempt by law from taxation, except as provided
under sub. (2).” The Claimant does not contend that the properties were exempt
from taxation.
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“74.33(1)(d) The property is not located in the taxation district for which the tax
roll was prepared. “ This section does not apply. No error here.
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“74.33(1)(e) A double assessment has been made.” No double assessment
occurred. The Claimant doesn’t allege that it did.
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“74.33(1)(f) An arithmetic, transpositional or similar error has occurred.” The
Claimant relies upon this sub-section as the legal basis for its Claim. But the
Claimant has not shown any typographical error by the Assessor nor any error in
his math. Disagreeing with or challenging an Assessor’s valuation does not
render the assessment arithmetically in error or otherwise within the scope or
intent of this subsection. There was no typographical error by the Assessor nor
did he transpose or mix-up the numbers when setting them down on paper. It
does not apply as a matter of law.
More importantly, Wis. Stats. §74.33(2) prohibits claims and the refund of taxes paid if
the alleged error is solely that the assessor placed a valuation on the property that is
“excessive.” The Claimant’s sole contention in its July 9, 2009 written claim is that the
Assessor’s January 1, 2008 assessed valuation of both properties was allegedly
excessive. This was also the Claimant’s contention at the 2009 Board of Review
concerning the 2009 valuation.
Because the Claimant has provided no facts and made no allegations concerning Wis.
Stats. §§ 74.33(1)(a), (b), (c), (d), or (e), and since no arithmetical or transpositional
error occurred under (f), and because recovery is strictly prohibited by s. 74.33(2) if the
basis claimed by the taxpayer is solely because the valuation was excessive – which is
the case here -- the Claim cannot be allowed and must be denied.
Furthermore, no matter under which statute for recovery the Claimant proceeds, the
Claimant must have appeared before the Board of Review in the year for which
Claimant demands a refund. The Claimant never appeared before the Board of Review
in 2008 concerning the January 1, 2008 assessments. No recovery or refund,
therefore, can be allowed under this or any other statute.
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74.37 Claim on Excessive Assessment -- Procedure and Analysis
Wis. Stats.§74.37 is the Wisconsin Statute that allows recovery of general property
taxes that pertain to allegedly excessive taxes due to alleged excessive assessments.
“74.37(a) In this section, a "claim for an excessive assessment" or an "action for an
excessive assessment" means a claim or action, respectively, by an aggrieved person
to recover that amount of general property tax imposed because the assessment of
property was excessive.”
This statute sets forth certain requirements that must be strictly followed by a taxpayer
before any Claim for an unlawful tax filed by a property owner can be considered or
allowed. The Claimant failed to comply with certain of these requirements set forth in
this statute. The Claim, therefore, is barred and cannot be considered or allowed. It
must be denied and disallowed.
First, Wis. Stats. §74.37(4)(a) requires that the property owner must timely challenge
the assessment and appear before the Board of Review in the year in which the tax was
assessed and levied. At issue is the January 1, 2008 assessments. The Claimant did
not challenge the 2008 assessments in 2008 under §70.47 and did not appear before
the Board of Review in 2008, let alone challenge the assessments on a timely basis, as
required by the statute. The Claimant did not follow the challenge or Board of Review
appearance procedures for objecting to assessments under §70.47 as required by
§74.37(4)(a). The Claim, therefore, fails to comply with this condition precedent
mandate and must be denied. It is barred by law.
Second, Wis. Stats. §74.37(2)(b)(5) requires that the Claim must be filed with the City
Clerk-Treasurer’s Office by January 31 of the year in which the tax is payable. Claimant
failed to do so. The Claimant’s claim for 2008 was due no later than January 31, 2009.
Claimant filed its Claim with the City Clerk-Treasurer’s Office on July 9, 2009. That is
almost 5 months after it was due. The Claim fails to satisfy this requirement of state law
and must be disallowed. It is barred by law.
74.35 Claim for Unlawful Tax -- Procedure and Analysis
Wis. Stats. §74.35 is the Wisconsin Statute that allows recovery of unlawfully paid
taxes, i.e. real property taxes that were paid but levied contrary to law. This statute,
however, also sets forth certain requirements that must be strictly followed before any
Claim filed by a property owner can be considered or allowed. The Claimant failed to
comply with certain requirements set forth in this statute. The Claim, therefore, is
barred and cannot be considered or allowed.
First, Wis. Stats. §74.35(5)(a) requires that the Claim must be filed with the City Clerk-
Treasurer’s Office by January 31 of the year in which the tax is payable. Claimant failed
to do so. The tax year in question is 2008. The Claim was due no later than January
31, 2009. The Claimant filed its Claim with the City Clerk-Treasurer’s Office on July 9,
2009. That is almost five months after it was due. The Claim fails to satisfy this
requirement of state law and must be disallowed since it is barred.
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Second, this statute defines an “unlawful tax” as one levied with one or more errors
2
enumerated in Wis. Stats. §74.33(1)(a) to (f). This was discussed above. No such
errors were made.
Third, Wis. Stats. §74.35(1) expressly states that no recovery can be made or refund
allowed solely because the property owner contends that the assessor placed a
valuation on the properties that the Claimant claims is excessive.
“74.35(1)… "Unlawful tax" does not include a tax in respect to which the alleged defect
is solely that the assessor placed a valuation on the property that is excessive.”
That’s exactly what Claimant attempts here. Its entire Claim is based upon the
contention that the valuation was too high -- excessive. No recovery or refund,
therefore, can be allowed.
No recovery or refund, therefore, can be allowed under this statute. The Claim is
barred.
Failure to Appear Before 2008 Board of Review
Wis. Stats. Secs. 70.47(13), 70.85, and 74.37 provide the exclusive method to
challenge a municipality's basis for assessment of individual parcels. All require appeal
to the Board of Review prior to subsequent appeals including court action. There is no
alternative procedure to challenge an assessment's compliance with the uniformity
96-
clause. Hermann v. Town of Delavan, 215 Wis.2d 370, 572 N.W.2d 855 (1998),
0171
.
Conclusion
For any or all of the above reasons, Claimant’s Claims are barred, fail, are not
supported in fact or law, and must be denied and disallowed in their entirety.
State law does not allow Claimant’s recovery of any taxes paid in 2009 for tax year
2008. The statute the Claimant cites does not apply. The Claimant fails to comply with
certain of the conditions and requirements set forth in the applicable statutes. Under
State Law, the Claims are fatally defective and barred. The Common Council must
deny and disallow the combined Claim.
In the event that the combined Claims are denied by the Common Council, then the City
Clerk-Treasurer’s Office, by registered or certified mail, should send a letter to the
Claimant at its address (1) in Barrington Hills, Illinois, (2) to Sun Vista Properties, LLC in
Fox River Grove, Illinois, and (3) to its Wisconsin Registered Agent, one Mary Roemer,
1947 Nates Court, Neenah, WI 54956., indicating that the combined Claims for 2008
are denied and disallowed in full, together with a photocopy of this Memorandum setting
forth the factual and legal basis and reasons for denial.
SUMMARY
:
2
74.35(1) Definitions. In this section "unlawful tax" means a general property tax with respect to which one or
more errors specified in s. 74.33 (1) (a) to (f) were made. "Unlawful tax" does not include a tax in respect to which
the alleged defect is solely that the assessor placed a valuation on the property that is excessive.
6
The Claim is not timely and otherwise barred by law, and should be denied by the
Common Council in open session with the Council’s denial motion citing by reference
the facts, law, and reasons set forth in this Memorandum.
cc: Eric J. Levitt, City Manager
Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services
Richard Haviza, Assessor
Jean Wulf, Clerk/Treasurer
Shared/Redmond Robert Sun Vista LLC Assessment Claim 070909 City Memorandum
of Denial to CC 081409.doc
State Statute Excerpts
74.33Sharing and charging back of taxes due to palpable errors.
74.33(1)
(1)Grounds.
After the tax roll has been delivered to the treasurer of the taxation district
under s. 74.03, the governing body of the taxation district may refund or rescind in
whole or in part any general property tax shown in the tax roll, including agreed-upon
interest, if:
74.33(1)(a)
(a) A clerical error has been made in the description of the property or in the
computation of the tax.
74.33(1)(b)
(b) The assessment included real property improvements which did not exist on the
date under s. 70.10 for making the assessment.
74.33(1)(c)
(c) The property is exempt by law from taxation, except as provided under sub. (2).
74.33(1)(d)
(d) The property is not located in the taxation district for which the tax roll was prepared.
74.33(1)(e)
(e) A double assessment has been made.
74.33(1)(f)
(f) An arithmetic, transpositional or similar error has occurred.
74.33(2)
(2)Exceptions.
The governing body of a taxation district may not refund or rescind any
tax under this section if the alleged error may be appealed under s. 70.995 (8) (c) or if
7
the alleged error is solely that the assessor placed a valuation on the property that is
excessive.
74.35 Recovery of unlawful taxes.
74.35(1)
(1) Definitions.
In this section "unlawful tax" means a general property tax with respect
to which one or more errors specified in s. 74.33 (1) (a) to (f) were made. "Unlawful tax"
does not include a tax in respect to which the alleged defect is solely that the assessor
placed a valuation on the property that is excessive.
74.35(2)
(2) Claim against taxation district.
74.35(2)(a)
(a) A person aggrieved by the levy and collection of an unlawful tax assessed against
his or her property may file a claim to recover the unlawful tax against the taxation
district which collected the tax.
74.35(2)(b)
(b) A claim filed under this section shall meet all of the following conditions:
74.35(2)(b)1.
1. Be in writing.
74.35(2)(b)2.
2. State the alleged circumstances giving rise to the claim, including the basis for the
claim as specified in s. 74.33 (1) (a) to (e) .
74.35(2)(b)3.
3. State as accurately as possible the amount of the claim.
74.35(2)(b)4.
4. Be signed by the claimant or his or her agent.
74.35(2)(b)5.
5. Be served on the clerk of the taxation district in the manner prescribed in s. 801.11
(4)
74.35(2m)
(2m) Exclusive procedure.
A claim that property is exempt, other than a claim that
property is exempt under s. 70.11 (21) (a) or (27) , may be made only in an action under
this section. Such a claim may not be made by means of an action under s. 74.33 or an
action for a declaratory judgment under s. 806.04 .
74.35(3)
(3) Action on claim.
74.35(3)(a)
(a) In this subsection, to "disallow" a claim means either to deny the claim in whole or in
part or to fail to take final action on the claim within 90 days after the claim is filed.
8
74.35(3)(b)
(b) The taxation district shall notify the claimant by certified or registered mail whether
the claim is allowed or disallowed within 90 days after the claim is filed.
74.35(3)(c)
(c) If the governing body of the taxation district determines that an unlawful tax has
been paid and that the claim for recovery of the unlawful tax has complied with all legal
requirements, the governing body shall allow the claim. The taxation district treasurer
shall pay the claim not later than 90 days after the claim is allowed.
74.35(3)(d)
(d) If the taxation district disallows the claim, the claimant may commence an action in
circuit court to recover the amount of the claim not allowed. The action shall be
commenced within 90 days after the claimant receives notice by certified or registered
mail that the claim is disallowed.
74.35(4)
(4) Interest.
The amount of a claim filed under sub. (2) or an action commenced under
sub. (3) may include interest computed from the date of filing the claim against the
taxation district, at the rate of 0.8% per month.
74.35(5)
(5) Limitations on bringing claims.
74.35(5)(a)
(a) Except as provided under par. (b) , a claim under this section shall be filed by
January 31 of the year in which the tax is payable.
74.35(5)(b)
(b) A claim under this section for recovery of taxes paid to the wrong taxation district
shall be filed within 2 years after the last date specified for timely payment of the tax
under s. 74.11 , 74.12 or 74.87 .
74.35(5)(c)
(c) No claim may be filed or maintained under this section unless the tax for which the
claim is filed, or any authorized installment payment of the tax, is timely paid under s.
74.11 , 74.12 or 74.87 .
74.35(5)(d)
(d) No claim may be made under this section based on the contention that the tax was
unlawful because the property is exempt from taxation under s. 70.11 (21) (a) or (27) .
74.35(6)
(6) Compensation for taxation district.
If taxes are refunded under sub. (3) , the
governing body of the taxation district may proceed under s. 74.41 .
74.37Claim on excessive assessment.
74.37(1)
(1)Definition.
In this section, a "claim for an excessive assessment" or an "action for
9
an excessive assessment" means a claim or action, respectively, by an aggrieved
person to recover that amount of general property tax imposed because the
assessment of property was excessive.
74.37(2)
(2)Claim.
74.37(2)(a)
(a) A claim for an excessive assessment may be filed against the taxation district, or the
county that has a county assessor system, which collected the tax.
74.37(2)(b)
(b) A claim filed under this section shall meet all of the following conditions:
74.37(2)(b)1.
1. Be in writing.
74.37(2)(b)2.
2. State the alleged circumstances giving rise to the claim.
74.37(2)(b)3.
3. State as accurately as possible the amount of the claim.
74.37(2)(b)4.
4. Be signed by the claimant or his or her agent.
74.37(2)(b)5.
5. Be served on the clerk of the taxation district, or the clerk of the county that has a
county assessor system, in the manner prescribed in s. 801.11 (4) by January 31 of the
year in which the tax based upon the contested assessment is payable.
74.37(3)
(3)Action on claim.
74.37(3)(a)
(a) In this subsection, to "disallow" a claim means either to deny the claim in whole or in
part or to fail to take final action on the claim within 90 days after the claim is filed.
74.37(3)(b)
(b) The taxation district or county that has a county assessor system shall notify the
claimant by certified or registered mail whether the claim is allowed or disallowed within
90 days after the claim is filed.
74.37(3)(c)
(c) If the governing body of the taxation district or county that has a county assessor
system determines that a tax has been paid which was based on an excessive
assessment, and that the claim for an excessive assessment has complied with all legal
requirements, the governing body shall allow the claim. The taxation district or county
treasurer shall pay the claim not later than 90 days after the claim is allowed.
74.37(3)(d)
(d) If the taxation district or county disallows the claim, the claimant may commence an
10
action in circuit court to recover the amount of the claim not allowed. The action shall be
commenced within 90 days after the claimant receives notice by registered or certified
mail that the claim is disallowed.
74.37(4)
(4)Conditions.
74.37(4)(a)
(a) No claim or action for an excessive assessment may be brought under this section
unless the procedures for objecting to assessments under s. 70.47, except under s.
70.47 (13), have been complied with. This paragraph does not apply if notice under s.
70.365 was not given.
74.37(4)(b)
(b) No claim or action for an excessive assessment may be brought or maintained
under this section unless the tax for which the claim is filed, or any authorized
installment of the tax, is timely paid under s. 74.11 or 74.12.
74.37(4)(c)
(c) No claim or action for an excessive assessment may be brought or maintained under
this section if the assessment of the property for the same year is contested under s.
70.47 (7) (c), (13), or (16) (c) or 70.85. No assessment may be contested under s. 70.47
(7) (c), (13), or (16) (c) or 70.85 if a claim is brought and maintained under this section
based on the same assessment.
74.37(4)(d)
(d) No claim or action for an excessive assessment may be brought or maintained
under this section if the taxation district in which the property is located enacts an
ordinance under s. 70.47 (7) (c) or if the 1st class city in which the property is located
enacts an ordinance under s. 70.47 (16) (c), except that this paragraph does not apply if
the taxation district or the 1st class city did not comply with s. 70.365.
74.37(5)
(5)Interest.
The amount of a claim filed under sub. (2) or an action commenced under
sub. (3) may include interest at the average annual discount rate determined by the last
auction of 6-month U.S. treasury bills before the objection per day for the period of time
between the time when the tax was due and the date that the claim was paid.
74.37(6)
(6)Exception.
This section does not apply in counties with a population of 500,000 or
more.
74.37 - ANNOT.
NOTE: The supreme court in Nankin v. Village of Shorewood, 2001 WI 92, 245
Wis. 2d 86, 630 N.W.2d 141, held sub. (6) to be unconstitutional and severed from
the remainder of the statute.
74.37(7)
(7)Compensation.
If taxes are refunded under sub. (3), the governing body of the
taxation district or county that has a county assessor system may proceed under s.
74.41.
11
HUMAN RESOURCES DIVISION MEMORANDUM
August 26, 2009
TO: City Council
FROM: Susan Musick, Human Resources Director
SUBJECT: Action on a proposed resolution in commendation of Mike Rundle’s
service to the City of Janesville.
Executive Summary
At the City Council meeting of September 14, 2009, the following retirement
commendation will be considered under the consent agenda:
1. Michael F. Rundle for thirty-one years of service with the City of Janesville
(File Resolution Number 2009-633)
?
Michael will be attending the September 14, 2009 Council meeting.
?
Michael began working for the City of Janesville on August 28, 1978,
as a Firefighter in the Fire Department. In 1980, he was promoted to
the position of Paramedic. In 2000, he was promoted to Fire
Lieutenant.
?
Michael’s retirement date is August 27, 2009.
Recommendation
Staff recommends adoption of File Resolution 2009-633.
City Manager Recommendation
I want to congratulate Fire Lieutenant Rundle on his 31 years of service.
Suggested Motion
I move to adopt File Resolution 2009-633 to commend Mike Rundle on his
service to the City of Janesville.
1
RESOLUTION NO. 2009-633
Whereas,
Michael F. Rundle is retiring from City of Janesville employment
after having diligently served the people of the City of Janesville and the community for
thirty-one years; retiring as a Lieutenant with the City of Janesville Fire Department; and
Whereas,
during Mike F. Rundle’s employment with the City of Janesville,
he provided exemplary professional service and demonstrated conscientious devotion
to the duties of his position, which he performed with competence, sincerity, honesty,
and dedication; and
Whereas,
it is desired that such commendable service to the City of
Janesville be properly recognized;
Now, Therefore, Be It Resolved
that the people of the City of Janesville,
through the City Council, do express their grateful appreciation to Michael F. Rundle for
his thirty-one years of loyal public service.
th
Dated this 14 day of September, 2009.
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: Human Resources
Prepared by: Human Resources
CITY MANAGER’S OFFICE MEMORANDUM
August 21, 2009
TO: City Council
FROM:Thomas E. Malone, Management Analyst
SUBJECT: Action on a Proposed Resolution Supporting the YWCA’s Walk a Mile in Her Shoes
Event to Stop Domestic Violence. (File Res. No. 2009-634)
Request
Council President Truman asked that a resolution regarding the YWCA’s Walk a Mile in Her Shoes
event to Stop Domestic Violence be placed on the September 14, 2009 agenda.
Recommendation
Staff recommends the Council pass resolution 2009-634.
Suggested Motion
I move to approve file resolution 2009-634 to support the YWCA’s Walk a Mile in Her Shoes event to
Stop Domestic Violence.
Background
YWCA Rock County’s Walk a Mile in Her Shoes event began in 2007 as an advocacy event to raise
awareness of domestic and sexual violence issues in our community. It was a fun and powerful way
to get men and boys involved in being a part of the solution. The event has a simple concept: ask
men to wear high-heeled shoes and walk a mile in them. The first year the event had a handful of
participants. Last year there were nearly 100 participants who turned an advocacy event into a
fundraiser for the YWCA’s programs. Last year $35,000 was raised for the anti-violence
programming which provides walk-in services for victims, emergency shelter and safety, long-term
support, and transitional housing for survivors of physical, sexual, emotional, and other forms of
relationship violence..
The YWCA goal is to have 150 to 200 walkers participate in the event this year. The Walk a Mile in
Her Shoes event is scheduled for Friday, September 25, 2009. The location and route participants
will take has been moved from downtown Janesville to the Northeast side of the city. An agenda for
the day’s event can be found on the attached flyer from the YWCA of Rock County.
Jon Wangerin of the YWCA of Rock County will be present at the September 14 council meeting.
CC:
Eric Levitt, City Manager
Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services
FILE RESOLUTION NO. 2009-634
A Resolution Supporting the YWCA’s Walk a Mile in Her Shoes Event to Stop Domestic
and Sexual Violence.
rd
WHEREAS
, the Rock County YWCA will host the 3 annual Walk a Mile in Her Shoes event
on Friday, September 25, 2009; and
WHEREAS,
the YWCA is dedicated to eliminating racism, empowering women and
promoting peace, justice, freedom and dignity for all; and
WHEREAS,
the YWCA believes in the importance of informing the world of the valuable
contributions men are making to stop sexualized violence; and
WHEREAS
, the goal of the Walk a Mile in Her Shoes event is to co-create a United Gender
Movement in which men will be a part of the solution to ending sexualized violence; and
WHEREAS
, in 2008 nearly 100 participants joined the YWCA Walk a Mile in Her Shoes one
mile trek in high heels through Janesville; and
WHEREAS,
the YWCA Walk a Mile in Her Shoes event raised $35,000 in funds that went to
support the operations of anti-violence programming which provides walk-in services for
victims, emergency shelter and safety, long-term support, and transitional housing for
survivors of physical, sexual, emotional, and other forms of relationship violence; and
WHEREAS,
the City of Janesville believes in the importance of raising awareness of
domestic and sexual violence issues; and
WHEREAS
, the City of Janesville supports the YWCA’s objective to end domestic violence
through their anti-violence services, and encourages the community to participate in the
YWCA Walk a Mile in Her Shoes event.
NOW, THEREFORE, LET BE IT RESOLVED Bythe Common Council of the City of
th
Janesville
, on this 14 day of September 2009 that all residents of the City of Janesville
should support the YWCA’s Walk a Mile in Her Shoes event to stop domestic and sexual
violence.
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:
Wald Klimczyk, City Attorney
Proposed by: Council President Truman
Prepared by: City Managers Office
CITY MANAGER’S OFFICE MEMORANDUM
September 3, 2009
TO: City Council
FROM:Rebecca Smith, Management Assistant
SUBJECT: Action on a proposed resolution recognizing October, 2009 as Arts Month in the City of
Janesville. (File Res. No. 2009-635)
Request
Councilmembers Yuri Rashkin and Russ Steeber asked that a resolution recognizing October, 2009
as Arts Month in the City of Janesville be added to the September 14, 2009 Council agenda.
Recommendation
Staff recommends the Council pass resolution 2009-635.
City Manager recommendation
I concur with Rebecca’s recommendation.
Suggested Motion
I move to approve File Resolution 2009-635 to recognize October, 2009 as Arts Month in the City of
Janesville.
Background
Janesville has several arts organizations that provide beneficial cultural services to the Janesville
community, including groups devoted to coordinating musical or theatrical performances, street
entertainment, public art displays or special cultural events. These organizations also improve the
quality of life Janesville residents enjoy by providing a well-rounded assortment of activities for
community members to participate in or attend.
The United Arts Alliance (UAA) is a local, non-profit organization whose purpose is to foster improved
awareness, appreciation and education of the arts, while working to facilitate cooperation among
artists and organizations. They have designated the month of October, 2009 as Arts Month within
Rock County and will be hosting several special events to celebrate this designation. Information
about their events is attached for your information.
Mr. Gregg Bosak, Vice President of the United Arts Alliance, will be present at the September 14
council meeting.
CC:
Eric Levitt, City Manager
Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services
FILE RESOLUTION NO. 2009- 635
A resolution recognizing October, 2009 as Arts Month in the City of Janesville.
WHEREAS
, the Janesville community has many outstanding arts organizations that provide
beneficial cultural services to residents and the entire Rock County area; and
WHEREAS
, a community’s quality of life is enhanced by a diverse offering of art opportunities,
including musical or theatrical performances, street entertainment, public art displays and special
cultural events; and
WHEREAS
, the United Arts Alliance (UAA) is a non-profit organization whose purpose is to foster
improved awareness, appreciation and education of the arts, while working to facilitate cooperation
among artists and organizations; and
WHEREAS
, the UAA has designated the month of October, 2009 as Arts Month in Rock County; and
WHEREAS
, the UAA and their member organizations will be holding a variety of special events to
recognize this distinction, including musical and theatrical performances, art exhibits, and special
presentations and festivals;
WHEREAS
, the Janesville City Council welcomes the participation of the UAA, artists and other art
organizations in the community and sees their contributions as significant to the high quality lifestyle
Janesville residents enjoy.
NOW, THEREFORE BE IT RESOLVEDby the Common Council of the City of Janesville
on this
th
14 day of September, 2009, that the month of October, 2009be recognized as Arts Month within the
City of Janesville; and
BE IT FURTHER RESOLVED by the Common Council
to call upon all Janesville citizens to
consider participating in or attending a cultural arts event during the month of October, 2009 and to
acknowledge the contributions of the art community to the high quality of life we enjoy in Janesville.
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 Steeber
Prepared by: Management Assistant
UNITED ARTS ALLIANCE
Coalition of Arts Organizations and Individual Artists
Throughout Rock County
OCTOBER EVENTS
Beloit Civic Theatre: RUTHLESS, THE MUSICAL!
October 1, 2 &,3 at 7:30 PM and October 3 at 3:00 PM
Elizabeth Reinholz Theatre at 1225 Fourth St., Beloit
Reservations—608.362.1595
Beloit Janesville Orchestra:
MONSTER MEETS the MAESTRO: FRANKENSTEIN AT BJSO
October 24 at 7:30 PM at the Eclipse Center, Beloit
For information, 608. 363.2554
Edgerton Performing Arts Center:
RAVE ON! - TRIBUTE TO THE MUSIC OF BUDDY HOLLY
Saturday, October 24, 2009 7:30 PM
200 Elm High Dr., Edgerton, WI 53534 608-884-9402
JATV – Janesville Access Television
Programming 24 Hours daily
On Cable TV, channels 994 and 98
Janesville Art League: ART EXHIBIT daily during box office hours
At Janesville Performing Arts Center FREE
408 S. Main St., Janesville
Janesville Little Theatre: COME BLOW YOUR HORN by Neil Simon
Thursday – Saturday October 22 – 24 at 7:00 PM
and Sunday, October 25 at 2:00 PM
At Janesville Performing Arts Center 608.758.0297
Janesville Performing Arts Center: JPAC YOUR LUNCH
October 14, at 12 Noon – 1 PM Bring your own lunch
Learn about the 81 year history of Janesville Little Theatre
FREE
Janesville Presents!: CATHIE RYAN, Celtic music singer & songwriter
October 17 at 7:30 PM
At Janesville Performing Arts Center 608.758.0297
Rock County Historical Society: THE PAULINE POTTERY EXHIBIT features 87
pieces of pottery ranging from statues and plaques to vases, bowls and candle
holders. In addition to Pauline Pottery, art pieces from the American/Edgerton
Art Clay Works, the Edgerton/Rock Pottery and the Norse Pottery are displayed.
Helen Jeffris Wood Museum Center 608.756.4509
SpotLight on Kids and footlight productions:
HALLOWEEN WALK AT ROTARY BOTANICAL GARDENS
Thursday, Friday, Saturday October 15 – 16 – 17 at 7:00 to 8:30 PM
All tickets $5 at the entrance
Sterling North Society, Edgerton:
FOURTH ANNUAL BOOK FESTIVAL on October 17
Various speakers throughout the community
FREE
For information, 608.884.3151
Stitch 'n Bitch: all PORTABLE STITCHING PROJECTS welcome.
SnB every Thursday, 6-9 PM, Basics Natural Food Co-op, 1711 Lodge St.,
Janesville
SnB II every Monday, 1:30-3:30, SpeakEasy, 19 N. High St., Janesville
Stitch 'n Assist every Saturday 8 AM-Noon, CoDoS, 119 N. Main St., Janesville
All gatherings are FREE with free lessons and project assistance.
All ages, genders welcome
United Arts Alliance: various BUSKERS (street performers)
Weekly at the Janesville Farmers Market, Saturdays 8 AM – 1 PM
North Main Street, Janesville
Yuri Rashkin, musician: Saturday, October 10th, a JAZZ/BLUES JAM
At Codos Coffee Shop, 119 N. Main St., Janesville, Starting at 8 PM
Any musician who wants to participate is invited to come down.
CITY MANAGER’S OFFICE MEMORANDUM
September 3, 2009
TO: City Council
FROM:Rebecca Smith, Management Assistant
SUBJECT: Action on a proposed resolution celebrating the fifth anniversary of the Janesville
Performing Arts Center. (File Res. No. 2009-637)
Request
City Manager Eric Levitt recently discussed with JPAC Executive Director Emily Gruenewald the
possibility of having a resolution celebrating the fifth anniversary of the Janesville Performing Arts
Center (JPAC) scheduled for the September 14, 2009 Council agenda.
Recommendation
Staff recommends the Council pass resolution 2009-637.
City Manager recommendation
I concur with the staff recommendation.
Suggested Motion
I move to approve file resolution 2009-637 to celebrate the fifth anniversary of the Janesville
Performing Arts Center.
Background
The mission of the Janesville Performing Arts Center is to serve as the primary performing arts and
entertainment center for Janesville and the greater Rock County area, enabling a diverse mix of
performances by resident user groups or sponsored by resident user groups to enhance the quality of
life for current patrons and future generations. This facility is located in downtown Janesville and
opened to the public in September 2004. Since its opening, 451 events have taken place, including
theatre performances, musical concerts, dance recitals, parties, meetings, tours, festivals, and many
other community events. Additionally, 127,191 people have attended events at JPAC and over
13,000 youth have participated in educational programs either at the Center or through in-school
workshops sponsored by JPAC’s user groups.
The City of Janesville provided a $1 million match to an anonymous donor. JPAC has not required
any additional funding from the City since this match.
To celebrate its five year anniversary, JPAC planned many special events for the weekend of
September 12 and 13. Two celebratory concerts featuring Janesville natives will be taking place later
this month. Information about those events is below for your reference.
Executive Director Emily Gruenewald will be present at the September 14 meeting.
5th Anniversary Celebration Activities at JPAC
?
Janesville Art League’s fall exhibit features artwork inspired by the Janesville cityscape which is viewable
during box office hours and during events.
?
Janesville Presents! kicks off its 2009-2010 Season on September 25 with a concert by Boulder Acoustic
Society, featuring Janesville native Aaron Keim.
?
Spotlight on Kids is sponsoring a concert on September 26 by the New York City duo itsnotmeitsyou,
featuring Janesville native Caleb Burhans.
FILE RESOLUTION NO. 2009- 637
A resolution celebrating the fifth anniversary of the Janesville Performing Arts Center.
WHEREAS
, the Janesville Performing Arts Center (JPAC) is a downtown facility organized to serve
as the primary performing arts and entertainment center for Janesville and the greater Rock County
area; and
WHEREAS
, prior to its opening in 2004, the City of Janesville provided a $1 million match to an
anonymous donor for this project and JPAC has not required any additional funding from the City;
WHEREAS
, since its opening, 451 events have taken place and 127,191 people have attended
events at JPAC; and
WHEREAS
, over 13,000 youth have participated in educational programs either at the Center or
through in-school workshops sponsored by JPAC’s user groups; and
WHEREAS
, September, 2009 marks the fifth anniversary of the Center in Janesville; and
WHEREAS
, JPAC has planned several special events throughout the month of September to
celebrate its anniversary; and
WHEREAS
, JPAC has improved the quality of life Janesville resident enjoy by working with user
groups to bring unique, educational and entertaining performances and events to the community for
everyone to enjoy.
NOW, THEREFORE BE IT RESOLVEDby the Common Council of the City of Janesville
on this
th
14 day of September, 2009, that the citizens of Janesville celebrate the fifth anniversary of the
Janesville Performing Arts Center by recognizing the accomplishments of this outstanding community
resource.
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: City Manager
Prepared by: Management Assistant
LEISURE SERVICES DEPARTMENT MEMORANDUM
September 2, 2009
MEMO TO: City Council
MEMO FROM: Bonnie Davis, Recreation Director
SUBJECT: Action on a Financial Gain Request from Conquer Chiari
Walk Across America
________________________________________________________________
Request
The Conquer Chiari national organization has requested to hold a local walk as a
fundraiser for their organization. The “Walk Across America” event is in
conjunction with several similar walks being held across the country on the same
day for the same purpose. This is a first time event on city property involving
financial gain and requires approval from city council.
Recommendation
Staff recommends the Council approve this financial gain request.
City Manager Recommendation
The City Manager concurs with staff recommendation.
Suggested Motion
I move to approve the financial gain request for the Conquer Chiari “Walk Across
America” run/walk event.
Background
The Recreation Division received a request from Conquer Chiari National
Organization to conduct a run/walk as a fundraiser for their organization. The
Conquer Chiari “Walk Across America” is a series of coordinated
awareness/fundraising walks being held across the country on the same day.
The event is scheduled for Saturday, September 26, 2009. The walk will begin at
2:00PM at Palmer Park. A minimum donation of $25.00 is suggested. Funds
raised will provide money for research for cures of Chiari Malformation. Please
find attached their application form.
Chiari is a neurological disorder where the brain descends out of the skull and
puts significant pressure on the spine. Chiari affects people of all ages and
races. Over 300,000 people in the United States are affected by this debilitating
disorder.
CC: Jennifer Petruzello, Neighborhood Services Director
Eric Levitt, City Manager
Jacob Winzenz, Assistant City Manager/Director of Administrative Services
CITY MANAGER’S OFFICE MEMORANDUM
September 2, 2009
TO: City Council
FROM:Rebecca Smith, Management Assistant
SUBJECT: Action on a Financial Gain Request from the Rock County Historical
Society for a cemetery tour
Request
The Rock County Historical Society has asked to hold a cemetery tour at Oakhill
Cemetery. This event has taken place for several years at the cemetery; however, this
is the first time it would take place on city property due to the recent transfer of the
cemetery’s ownership and responsibilities to the City.This event involves financial gain
and requires approval from the City Council.
Recommendation
Staff recommends the Council approve this financial gain request.
City Manager Recommendation
I concur with staff’s recommendation.
Suggested Motion
I move to approve the financial gain request for the Rock County Historical Society for
their cemetery tour.
Background
The Parks Division received a request from the Rock County Historical Society to
conduct a cemetery tour of the Oakhill Cemetery. This event has taken place for several
years at the cemetery; however, this is the first time it would take place on city property
due to the recent transfer of the cemetery’s ownership and responsibilities to the City.
The event is scheduled to take place on October 10 from 1-3PM. No admission fees
will be charged; however, the Society will have historical books for sale and will accept
free-will donations. Attached is a completed application for the event. The historical
society has provided the City with a certificate of insurance for this event.
Joel Van Haaften, director for the Rock County Historical Society, will be present at the
September 14 council meeting.
CC:
Eric Levitt, City Manager
Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services
LEISURE SERVICES DEPARTMENT MEMORANDUM
September 2, 2009
TO: City Council
FROM: Rebecca Smith, Management Assistant
SUBJECT: Action on a request to waive the Special Event Fee for the Rock
County Historical Society cemetery tour
______________________________________________________________
Request
The Rock County Historical Society (RCHS) has submitted a special event
application and first time financial gain request to conduct a cemetery tour at
Oakhill Cemetery. The event is scheduled to take place on October 10 from 1-
3PM. Along with the application, Madge Murphy of the RCHS requested the City
of Janesville waive the event fee ($110). Under City ordinance all requests for
fee waivers must be approved by the City Council.
Joel Van Haaften, director for the Rock County Historical Society, will be present
at the September 14 council meeting in case there are questions for him.
Staff Recommendation
This event has taken place for several years at the cemetery; however, this is the
first time it would take place on city property due to the recent transfer of the
cemetery’s ownership and responsibilities to the City. Staff has brought forward
the financial gain request for this first-time event on tonight’s agenda.
The recommendation to waive fees is a difficult decision. Each year, the City has
many non-profit organizations that provide a variety of educational, beneficial and
fun events for our community. As fees are waived, more requests are expected
to come forward.
Waiving this fee could establish precedence that will impact future revenue
recovery. As the City is facing budget reductions that will include service level
decreases, it is problematic to walk away from revenue sources. In addition to
reaching revenue goals, these fees are in place to recoup a portion of the staff
time required to facilitate special events and the preparatory work required for a
special event. For example, the Parks Division would plan to complete any
mowing, leaf blowing or other grounds work necessary prior to the event to make
the tour pleasant for participants.
With this information in mind, staff does not recommend the fees be waived for
this event; however, this decision is largely one of policy and service level.
City Manager recommendation
I concur with the concerns brought forward. One other option would be to charge
direct costs for any maintenance needed for the event.
Suggested Motion
I move that the request to waive the special event fees for the Rock County
Historical Society cemetery tour be denied.
Analysis
The City of Janesville facilitates 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 vary 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
ENGINEERING DIVISION MEMORANDUM
August 28, 2009
TO: City Council
FROM: Dennis Ryan, Senior Engineer
RECOMMENDATION OF THE TRANSPORTATION COMMITTEE
SUBJECT:
PUBLIC HEARING AND ACTION ON A RESOLUTION
AUTHORIZING THE REMOVAL OF TRAFFIC CONTROL
SIGNALS AT:
1.) WEST DELAVAN DRIVE & OGDEN STREET (GILMAN DRIVEWAY)
2.) ACADEMY STREET & WEST MILWAUKEE STREET
3.) BELOIT AVENUE & STATE STREET
4.) ELLIOTT STREET & SOUTH JACKSON STREET
5.) SOUTH JACKSON STREET BETWEEN STATE & ELLIOTT
(G.M. DRIVEWAY)
6.) SOUTH JACKSON STREET & WEST STATE STREET
(FILE RESOLUTION NO. 2009-636)
At its regular meeting of August 12, 2009, the Transportation Committee recommended
(by 3-0-0 votes) to approve removal of traffic signals at:
1.) West Delavan Drive & Ogden Street (Gilman Driveway)
2.) Academy Street & West Milwaukee Street
3.) Beloit Avenue & State Street
4.) Elliott Street & South Jackson Street
5.) South Jackson Street Between State & Elliott (G.M. Driveway)
6.) South Jackson Street & West State Street
The staff reports and draft meeting minutes related to these signals are attached. The
signal removal at these six intersections is estimated to cost approximately $13,500,
with funding from the 2009 Traffic Management budget.
Recommendation
Following the Public Hearing at the September 14, 2009 Council Meeting, the
Engineering Division recommends adoption of Resolution No. 2009-636.
City Manager recommendation
I defer to the Transportation Committee recommendation.
Suggested Motion
I move to adopt Resolution No. 2009-636.
cc: Eric Levitt, City Manager
Jay Winzenz, Director of Administrative Services/Assistant City Manager
\\Petey\COJHome\Agenda Review\Approved Agenda Items\2009\9-14-2009\Transportation ResolutionNo2009-636.doc
CITY OF JANESVILLE
RESOLUTION NO. 2009-636
A RESOLUTION AUTHORIZING THE REMOVAL OF CERTAIN INTERSECTION
TRAFFIC CONTROL SIGNALS and/or DEVICES LOCATED AT: West Delavan Drive
and Ogden Street (Gilman Driveway); Academy Street and West Milwaukee Street;
Beloit Avenue and State Street; Elliott Street and South Jackson Street; South Jackson
Street Between State Street and Elliott Street (General Motors Driveway); and South
Jackson Street and West State Street;
WHEREAS
, The Common Council of the City of Janesville, as the governing body of
the City, previously by resolution and/or order deemed it necessary for the public safety
to provide for the installation of certain official traffic control signals and/or devices upon
and at the following highways and intersections located solely in the City of Janesville,
County of Rock, State of Wisconsin: West Delavan Drive and Ogden Street (Gilman
Driveway); Academy Street and West Milwaukee Street; Beloit Avenue and State
Street; Elliott Street and South Jackson Street; South Jackson Street Between State
Street and Elliott Street (General Motors Driveway); and South Jackson Street and
West State Street; and
WHEREAS
, the Common Council of the City of Janesville, as the City’s governing body,
may for the public safety design, install, operate and use traffic control signals and/or
devices pursuant to, but not limited to, Wis. Stats. §§ 349.065, 349.07, 349.06, 349.03,
66.0101 and JGO 10.04.010 and related state statutes and City ordinances; and
WHEREAS
, the installed traffic safety control signals and/or devices must and did
conform to the requirements of Wis. Stats. § 349.065 and the Wisconsin Uniform Traffic
Control Devices Manual; and
WHEREAS
, the Transportation Committee of the City of Janesville, after public hearing
and input, studied and considered the proposal to remove these official traffic control
signals and/or devices at their public meeting on Wednesday, the 12th day of August,
2009, recommending by a vote of 3-0 that each be terminated from use and removed
for the public good and welfare; and
WHEREAS
, a public hearing was conducted before the Common Council on the date of
the consideration and action upon this Resolution, which public input was duly
considered before action was taken; and
WHEREAS
, after conducting a public hearing thereon, the Common Council factually
determined that the above located described intersection traffic control signals and/or
devices are no longer necessary for the public safety, health or welfare and that
termination of their use and removal is in the public’s interest and benefit; and
WHEREAS
, the estimated aggregate cost of such terminations from use and removal is
approximately thirteen-thousand-five hundred & 00/100 Dollars ($13,500.00), which
funding shall come from the City’s 2009 Traffic Management budget.
\\Petey\COJHome\Agenda Review\Approved Agenda Items\2009\9-14-2009\Transportation ResolutionNo2009-636.doc
CITY OF JANESVILLE
RESOLUTION NO. 2009-636
(Page 2 – Continued)
NOW, THEREFORE, BE IT RESOLVED
by the Common Council of the City of
Janesville that:
1. Each and every of the above recitals is reiterated and incorporated by
reference herein into these empowerment provisions; and
2. Each such official traffic control signal and/or device shall be removed
from use by the City Administration at the earliest convenient opportunity; and
3. Funding for such removal shall be in the manner directed by the City
Manager; and
4. Any and all other regulations, ordinances and laws applying to traffic
control at the above locations and intersections not specifically addressed herein shall
remain in full force and effect, and unaffected by this Resolution; and
BE IT FURTHER RESOLVED, that the City Manager and his designee(s), on behalf of
the City of Janesville, is/are hereby jointly and severally authorized and empowered to
take whatever additional actions that the City Manager may determine in his sole
discretion, from time to time and at any time, necessary and/or desirable in the public
interest to effectuate the intent of this Resolution.
ADOPTED:
MOTION BY:
APPROVED:
SECOND BY:
COUNCILMEMBER AYE NAY PASS ABSENT
Eric Levitt, City Manager
BRUNNER
ATTEST:
McDONALD
Jean Ann Wulf, City Clerk-Treasurer
PERROTTO
APPROVED AS TO FORM:
RASHKIN
STEEBER
City Attorney
TRUMAN
VOSKUIL
Proposed by: The Transportation Committee
Prepared by: Engineering Division and
City Attorney
\\Petey\COJHome\Agenda Review\Approved Agenda Items\2009\9-14-2009\Transportation ResolutionNo2009-636.doc
CITY MANAGER DEPARTMENT MEMORANDUM
September 8, 2009
TO: City Council
FROM: Eric J. Levitt, City Manager
SUBJECT: Discussion/possible action on request from Janesville Youth
Hockey Building Committee for City Council consideration on
City providing funding to build new ice rink.
Summary
In 2009, the City has been evaluating issues and possible deficiencies at the ice
rink. The areas that need attention include areas such as the compressor and
cooling system for the ice. During the spring of 2009, the City experienced
several small failures and one large failure of the ice cooling system.
A group of individuals proposed, during the spring, that the City consider building
a new rink rather than renovating the current rink. This group is currently within
the Janesville Youth Hockey Association.
Request
Janesville Youth Hockey Association has proposed that the City of Janesville
provide $2 million in seed funding and potentially an additional $500,000 to build
a phased two sheet rink. The Association would provide $2.5 million through
donations to build the rink.
Possible Motion
I move that the City Council approve providing up to $2 million in funds for a new
ice rink if the Janesville Youth Hockey Association can receive commitments of a
minimum of $1.5 million in funding by December 1, 2009.
City Manager Recommendation
After reviewing the proposal, I have several continuing concerns. The first and
primary concern is that the City of Janesville is currently faced with multiple
budget issues and is considering service reductions in the upcoming budget.
While I agree that Janesville will need to make improvements to the rink or build
a new rink, I believe that we can make improvements within the $1.3 million
range. Finally, there is a current concern of location of the rink, I believe it would
be more prudent to do improvements to the current rink and lay out long term
plans for a new rink if the Council places that as a priority in the future.
Background
In 2008, the City began evaluating costs to improve the rink in response to the
potential to attract a Junior A hockey team to Janesville. The initial estimates for
full improvements to the rink ranged in costs from $1 million to over $2 million,
but averaged out to approximately $1.5 million.
As the City negotiated the contract with the Junior A team (now named the
Janesville Jets), the City Council authorized $200,000 in improvements to the
rink. Concurrently, the rink experienced a variety of problems this spring and
was shut down for almost 2 months fixing issues with the ice cooling system.
A group of Janesville residents, now affiliated with the Janesville Youth Hockey
Association, began developing a proposal to form a partnership with the City of
Janesville to build a new rink. The proposed rink is located adjacent to the Youth
Sports Complex and built on 11 acres of City owned land.
The proposed partnership evolved over the summer and has evolved into the
attached proposal. The attached proposal has the following elements:
?
The building and one sheet of ice would cost approximately $4 million (not
including land).
?
The expansion to a second sheet of ice would cost approximately an
additional $1 million.
?
The City is requested to commit an initial $2 million and an additional
$500,000 when funds are raised for a second sheet of ice.
?
The proposal projects the City to close its current $85,000 actual subsidy
to a $0 operational subsidy when 2 sheets of ice are operational.
?
The proposal discusses the expansion of users at the current rink over the
last year
?
The ownership of the rink would be initially the Janesville Youth Hockey
Club, but would be sold to the City of Janesville for $100 at the completion
of 5 years of operation (the City would operate the rink during the 5 years).
2
Economic Development Memorandum
Date: September 8, 2009
TO: City Council
FROM: Doug Venable, Director of Economic Development
SUBJECT: Authorization to Submit a Grant Application to the Economic Development
Administration for Funding to Construct a Business Incubator
I. Summary
The Economic Development Administration has funding available to implement long-
term regional economic development strategies. Funding is targeted to areas impacted
by the flooding of 2008 – making the southern Wisconsin region eligible. Grants are
available for 75% of project costs with a local match (cash or in-kind) of 25%.
A consortium of development interests in southern Wisconsin has been meeting to
develop a regional “Auto Adjustment Entrepreneurial Support Initiative.” The strategy
seeks to link existing entrepreneur support programs to more effectively convert
business start-ups into growing diversified employers for the future. The key deficiency
identified in the Rock County area is the lack of suitable manufacturing space for start-
up companies needing less than 5,000 SF.
To fill this need, Staff is proposing an application to the EDA under this program to fund
the construction of a 25,000 SF flexible multi-tenant industrial incubator building to be
constructed in one of the City’s industrial TIF Districts. The budget for this project would
be $1.5 million, with $1.125 million (75%) coming from the EDA grant and the $0.375
million local match coming from the TIF district through the value of the land for the
project and other TIF funds.
Recommended Action
Staff recommends that the Council adopt a motion authorizing the Administration to
submit an application to the EDA for funding the construction of a multi-tenant incubator
building with local match coming from an existing TIF district.
City Manager Recommendation
I concur with the Economic Development Director’s recommendation.
Suggested Motion
I move to authorize the Administration to submit an application to the EDA for funding
the construction of a multi-tenant incubator building with local match coming from an
existing TIF district.
???
Economic Development Department Box 5005 Janesville, WI 53547-5005 755-3180
II. Background
With the flooding during the summer, 2008, several Wisconsin and northern Illinois
counties were declared disaster areas. The federal stimulus programs created in the
fall, 2008 set aside monies for the Economic Development Administration to help
communities deal with the economic impacts of the flooding and of the severe economic
hardships caused by the distress in the US auto industry.
EDA partnered with the WI Department of Commerce to work with community and
regional groups to develop regional strategies to deal with these economic issues. A
group of ED professionals, educational institutions, and entrepreneurial service
providers have been meeting to create an “Automobile Adjustment Entrepreneurial
Support Initiative” for southern WI and northern, IL. Partners include the City of
Janesville, Rock County, Blackhawk and Gateway Technical Colleges; the UW-
Whitewater Small Business Development Center and Innovation Center; Wisconsin
Manufacturing Extension Partnership; Wisconsin Entrepreneur Network; the Eiger Lab
in Rockford; Rock Valley College; and Northern Illinois University.
These partners each have programs that have developed to meet the needs of
entrepreneurs and growing small businesses. Each program has their own area of
expertise that is sometimes unknown and unavailable to companies outside their
immediate area. The concept of working together to share information and resources
and to coordinate services provided to the entrepreneur should leverage resources and
improve results. This regional approach to the coordination and provision of services is
a high priority for the EDA. Using this regional initiative, local development needs can
be met.
III. Multi-Tenant Industrial Incubator Space
A. Demand: An inventory of existing industrial and warehousing buildings
shows that there are 162 structures that total 15 million square feet of space in the City
of Janesville. Of this total, only 19 structures are smaller than 5,000 SF and of these
small structures, none are currently vacant. While the economic slowdown has created
1.5 million square feet of vacant industrial buildings, none of the vacant buildings are
designed or available to meet the needs of a start-up manufacturer that only needs
2,500 SF of space.
B. Previous Efforts: This shortage of small industrial spaces has existed in
Janesville for over 20 years. In the mid-1990s Forward Janesville created a ‘small
business incubator’ by leasing 15,000 SF within the Hufcor building on Norwood Road,
and sub-leasing smaller units (1,500 SF to 2,000 SF) to multiple tenants. This
‘incubator’ was fairly successful in meeting the demand for smaller industrial spaces for
several years. However, the tenants that outgrew their spaces had difficulty in finding
5,000 SF to 10,000 SF spaces to move into, and stayed in the incubator. This limited
the availability of spaces for other potential incubator tenants.
One incubator tenant finally located and purchased a 20,000 SF building in the
Janesville area. Since the building was larger than needed, two other incubator tenants
relocated at the same time, leaving the incubator with unused space and a rental
income shortfall. After about 6 months, Forward Janesville had to relinquish the lease
of space within the Hufcor building, and the availability of smaller industrial spaces
diminished.
C. Proposed EDA Multi-tenant Industrial Incubator: A draft budget for an
incubator project would look like this:
25,000 SF building @ $50/SF $1,250,000
?
6.25 A. TIF site $ $40,000/Ac. 250,000
?
Initial Soft Costs for Incubator Mgr. 100,000
?
Total Project Budget $1,600,000
EDA Grant (75%) $1,200,000
?
Value of TIF Site (In-Kind) 250,000
?
Additional TIF Monies 150,000
?
Total Project Funding $1,600,000
A very preliminary operating pro forma would look like this:
Gross Rental Income at $2.75/SF (NNN) $ 68,750
Less vacancy at 25% (17,188)
Net Rental Income $ 51,562
Less CAM for vacant space ($2.00/SF) (12,500)
Net Operating Income $ 39,062
The EDA proposal would include an initial $100,000 to cover start-up costs and the cost
for an incubator manager while the facility is marketed and the initial tenants move in
and receive services. The “manager” services could be provided by a City staff person,
or by contract to a not-for-profit agency like Forward Janesville or the UW-Whitewater
SBDC.
Once the incubator was up and running, the operating pro forma shows that
approximately $39,000 per year in net operating income could be used to continue to
provide incubator services, to create a capital replacement fund for eventual
maintenance items; and to cover unforeseen cash flow variations caused by tenant
turnover.
IV. EDA Grant Program
Funding through the EDA for this project is currently available on a 75%/25% matching
basis. As the preliminary budget above shows, a 25,000 SF incubator project should
have a budget of $1,600,000 with 75% of the funds ($1,200,000) coming from the EDA
Grant, and 25% ($400,000) coming from the industrial TIF district. Of the local funding
required from the TIF district, $250,000 would be in-kind through the City donation of an
industrial site plus another $150,000 in TIF Funds. (Even if the incubator were to be a
tax exempt property, the budget for the incubator would be designed so that an
equivalent payment in lieu of taxes would be made annually, so the TIF investment
could be recovered).
The funding is currently available and applications are being accepted until the funds
are fully committed. The earlier an application is submitted, the better the chances that
a grant award can be made. If the application is successful, a more detailed contract
and budget would be negotiated with the EDA and the Council would have to take
action in Open Session to approve the contract, to accept the grant award, and to
commit the TIF funds for the local match.
V. Recommendation
Staff recommends that the Council adopt a motion authorizing the Administration to
submit an application to the EDA for funding the construction of a multi-tenant incubator
building with local match coming from an existing TIF district.
Doug Venable
Cc Eric Levitt, City Manager
Jay Winzenz., Assistant City Manager
CITY MANAGER DEPARTMENT MEMORANDUM
September 9, 2009
MEMO TO: City Council
MEMO FROM: Eric Levitt, City Manager
SUBJECT: Request for City Council to determine whether to overturn City
Manager’s decision on WHP advertising signage at the ice rink.
Background Information
th
The City Manager has attached the February 19 Communication for
background. He has also provided the signage requests under consideration.
Councilman Perrotto and Councilman Brunner requested that the Council review
the City Manager’s decision on the signage that has reference to Miller Lite.
WHP requested that the City authorize their proposed signage for the rink in
accordance with the contract language attached. The City Manager after
reviewing the language of the contract, the signage and the tape of the City
Council discussion, determined that the signage including four signs that had
reference to Miller Lite and Miller Draft were appropriate within the contract
language, but that the in-ice logo for Miller Lite was not authorized.
It is the City Manager’s understanding that the two Council members have
requested review specifically to evaluate whether the signage for Miller Lite
needs to be covered between games. WHP has requested that the City Council
additionally review the City Manager’s decision not to authorize the in-ice logo.
Suggested Motions
1. I authorize the beer related signage only for the four hours during the
Janesville Jets games and request removal of signage during off-game
times.
2. I authorize the advertising as authorized by the City Manager.
3. I authorize the advertising as authorized by the City Manager and
additionally authorize an in-ice logo for Miller-Lite.
CITY MANAGER DEPARTMENT MEMORANDUM
March 16, 2009
MEMO TO: City Council
MEMO FROM: Eric Levitt, City Manager
SUBJECT: Action on approving design contract for ice rink building
modifications.
Introduction
File Resolution 2009-569 authorizes the City Manager to execute a Use
Agreement with the Wisconsin Hockey Partners, LLC (WHP) to utilize the
Janesville Ice Center as their team home rink. This agenda item requests City
Council action on the City of Janesville making modifications to the Ice Center
and to potentially sign an agreement to accommodate a new Junior A Hockey
Team. The next section represents an update since the January meeting.
rd
Update for March 23 City Council meeting
The City Council brought forward several areas to be further reviewed.
1. Concerns with involvement from the user groups.
?
The City conducted an initial needs analysis meeting with the
architect and the user groups.
?
Angus Young will be bringing back potential design options based
on the need analysis at a user group meeting at the end of March.
?
City Council can adopt a motion to approve the contract with a
capital cost limitation.
2. Financial component
?
The City anticipates making approximately $15,000 + per year in
increased net income.
?
Areas that were looked for additional income included having ticket
add-on fee or collecting a percentage of beer sales revenues.
However, neither of those options were added to the contract.
?
Security costs remain shifted to the WHP. This is a cost the City
initially shared in.
?
The needs analysis has brought forward some necessary capital
items (i.e. restroom improvements and heating elements) that were
not included in the initial estimates. This may increase construction
costs and total project. We do not have an updated cost as of this
date.
?
Future Capital cost sheet is attached.
?
The Youth Hockey Advertising and Concessions contract has
ended and the City is in the process of renegotiating the contract.
3. Concerns with alcohol sales at the ice rink.
?
The Contract now states that alcohol will be sold in separate area.
?
Having designated sections will be further investigated as the
design moves forward but can’t be committed to at this time
Background Information
The City Administration was contacted in the late Spring of 2008 by a group of
local investors interested in bringing a North American Hockey League (NAHL)
franchise team to Janesville. After fiscal analysis and discussions with the City
Administration, the investors decided to review use of the existing ice facility.
July 18,
The City Administration met with the City Council in closed session on
2008 and again on October 13, 2008
in closed session. The City Council
directed the City Administration to proceed with negotiations and identify cost
estimates for building modifications. The City Administration has negotiated a
Use Agreement with the WHP (copy attached). The Engineering Division has
identified a cost estimate of approximately $200,000 for necessary building
modifications and architectural fees. This cost estimate could change after an
architect prepares plans and specifications and the City goes through the public
bidding process.
City staff met with many of the current user groups at the Ice Center on
September 2, 2008. There could be impacts with schedule changes if this new
Junior A Hockey Team comes to Janesville. The team anticipates practicing
during weekday afternoons and have games on Friday and Saturday nights. All
of the user groups were receptive to any schedule changes. They felt the
advantages of having a Junior A Hockey Team in Janesville outweighed some
slight inconveniences of schedule changes.
Further Analysis provided at the February 23rd Council meeting
The City Manager reviewed several aspects of this proposed project since the
last meeting based on comments and concerns raised. The areas reviewed are
the financing of the construction, the operational costs, impacts to programming,
potential for the team to end the lease, and user input.
Capital Financing
1.
?
The estimated cost is a total estimated cost of not to exceed
$229,000.
?
The City Manager has communicated his intent to try to maintain
the total cost at approximately $200,000 if possible.
?
The construction can be financed via borrowing new funds or
reallocating in May from existing borrowed funds.
?
The financing would equal approximately $1 per year for an
assessed house of $113,000.
2
Annual Operations
2.
?
2008
The year resulted in a subsidy of approximately $85,000.
?
reduce the property
If the Junior team came to the City it would
tax subsidy
by approximately $15,000 to $20,000 (all other factors
remaining stable.)
?
The ice rink currently subsidizes other recreation programming
such recreation night and camps by approximately $20,000. This is
due to a contract with the school using the rink for free and then
allowing use of their facilities for free.
?
Other recreation programs operated by the City range in subsidy
from $109,000 to $228,000 (The number does not include the
100% subsidy of parks capital program and parks programming)
This shows that the rink is the lowest subsidized recreation
program and that an element of all recreation programs is that they
are subsidized by property taxes.
Impacts to programming
3.
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The major programming that will be impacted is Friday night skates on
game nights. There may also be some programming that has to be
moved around due to the camps and practice schedule, but should
have more minimal impact.
Wisconsin Hockey Partners, LLC
The WHP is a Limited Liability Company that is licensed to operate in the State of
Wisconsin.
NAHL League Information
oldest Junior A Hockey
The NAHL was founded in 1975 which makes it the
League in the U.S.
The NAHL consists of 17 teams in three divisions (West,
Central and East). The Janesville team would be part of the Central Division with
six other teams from Minnesota, Iowa, South Dakota and Illinois. Janesville
would be the site of the first Wisconsin team. The league prepares 16-20 year
old hockey players who wish to play collegiate hockey. The team consists of 23
players plus support staff, of a head coach, two assistant team managers and an
equipment manager. The staff is paid a salary. The hockey players are not paid
because of their amateur status, but receive a stipend for living expenses. The
hockey players would room and board with local families and receive monthly
compensation for expenses.
The team would use practice ice on Monday-Thursday afternoons and play
games on Friday and Saturday nights. The team would play 30 home games
and have a similar number of away games. Their hockey season is September
to April. They would also rent summer ice for camps and team try-outs.
3
The NAHL has a minimum seating capacity limitation of 1,500 spectators. The
Janesville Ice Center has bleacher seating for 1,000 spectators. The NAHL is
willing to make an exception for Janesville until they see how the league
develops. The NAHL has made this same accommodation for other ice rinks
with similar seating limitations. Although the Ice Center only has seating for
1,000 spectators, the building capacity is 2,266 people.
Community Survey
The WHP conducted a market study in November 2008 by interviewing 358
Janesville residents to identify community reaction to this new Junior A Hockey
Team coming to Janesville. The survey results concluded the following:
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53% somewhat agreed or strongly agreed that the City should promote
more sports and recreational activities.
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48% stated that they or someone from their household had attended at
least one sporting event in Janesville during the past year.
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65% stated that they or someone from their household had attended at
least one City sponsored event during the past year.
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94% stated it was important to have the ability to watch local and
Wisconsin athletes play sports.
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51% stated they consider themselves fans of hockey.
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49% stated they were interested in seeing an amateur sports franchise in
Janesville.
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54% stated they liked the idea of a NAHL Junior A Hockey Team in
Janesville.
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48% stated they would likely attend a Junior A hockey game in Janesville.
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21% stated they were more likely and 67% stated they were less likely to
attend a Junior A hockey game if beer was served.
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68% stated a Junior A hockey team would have a positive impact on the
community.
The community survey added insights to information gathered from other teams
for the WHP.
Use Agreement Highlights
The Use Agreement provides for a five year term which is renewable. The WHP
will pay the City for ice rental time and rental fees for dedicated team locker
rooms and office space. The Use Agreement allows the WHP to apply for an
alcohol license which would be served only during games. They would stop
selling alcohol at the end of the second period. The WHP will also sell team
merchandise. The WHP will assume the advertising rights inside the Ice Center
which are currently allotted to the Janesville Youth Hockey Association (JYHA).
The JYHA had a contract that ended prior to 2008 that provided that they pay the
City $10,000/year and receive the ability for these advertising rights. JYHA has
not renewed the contract due to the net loss of funds to the club.
4
The WHP has agreed to allow JYHA to continue operating the concession stand
which provides food and non-alcoholic beverages. The WHP would have the
right to sell other food products which are not provided by the JYHA concession
stand as long as they are not directly competing with JYHA.
Building Modifications
Any building modifications to the Ice Center would occur within the limits of the
existing building footprint. Current program space would be modified or
combined to make the existing space more functional for the NAHL and the City.
The Administration is proposing to hire an architect to prepare building plans for
future City Council review.
The NAHL requires dedicated space for a locker room, showers, office space
and equipment storage. Preliminary review of the building would suggest we
convert the warming room and concession stand area to locker rooms and office
space for the new team. The existing entrance lobby and community room would
be converted to the new concession area with public space to serve as a
warming room. Beer would be served in this area as well. The main entrance
would be shifted to the old entrance on the west side of the building. Some
vehicle circulation and parking changes would be needed outside the building.
The Engineering Division has estimated a cost of $200,000 for building, parking
and architectural services. The cost for these building modifications and site
improvements would be funded by the City.
Ice Scheduling Impacts
The WHP will use the Ice Center approximately 420 hours per year. This usage
level will have some impacts on our current master schedule for user groups.
City staff has met with all the user groups in the early Fall and they are receptive
to any schedule changes. Most of the impact will be with Friday night public
skating sessions, Saturday night Youth Hockey games and weekday figure
skating practices. There will be no impacts on Friday and Saturday when the
team has away games. The new team will begin playing in September 2009
which would be the earliest impact on our master schedule.
NAHL Expenses and Revenue
WHP plans to sell adult admission tickets at approximately $9 a game. WHP will
provide discounted ticket prices of $6 to $7 for youth, seniors and group outings.
It has been indicated that an average of 700 spectators at each home game and
hopefully more spectators for league playoffs and tournaments is necessary for
this to be successful long-term.
City Manager Recommendation
The City Manager has continued negotiations with WHP representation since the
last meeting. The proposed contract attempts to balance the interests of WHP
and the City of Janesville.
5
Proposed Motion
I move to approve File Resolution 2009- 569 and to move forward with
renovations at the rink at a cost not to exceed $______________.
6
DUM
ENGINEERING DIVISION MEMORAN
August 28, 2009
TO: City Council
FROM: Dennis Ryan, Senior Engineer
RECOMMENDATION OF THE TRANSPORTATION COMMITTEE
SUBJECT:
INTRODUCTION AND SCHEDULE A PUBLIC HEARING ON A
PROPOSED ORDINANCE AMENDING THE LIST OF
CONNECTING ARTERIAL STREETS
(FILE ORDINANCE NO. 2009-438)
At its regular meeting of August 12, 2009, the Transportation Committee
recommended (by a 3-0-0 vote) to approve changing the control on the Humes
Road south frontage road at the Bell Street intersection from yield signs to stop
signs.
The staff report and draft meeting minutes related to this item are attached.
Signing changes for this item are estimated to cost $150.00, with funding
included in the 2009 General Fund – Traffic Management Budget.
Recommendation
This change requires the introduction of attached Ordinance No. 2009-438 at the
September 14, 2009 Council Meeting. The Public Hearing and Council action on
the Ordinance should then be scheduled for the September 28, 2009 Council
Meeting.
DFR:sja
Attachments
cc: Eric Levitt, City Manager
Jay Winzenz, Director of Administrative Services/Assistant City Manager
\\Petey\COJHome\Agenda Review\Approved Agenda Items\2009\9-14-2009\Transportation Ordinance No. 2009-438.doc
CITY OF JANESVILLE
ORDINANCE NO. 2009-438
An Ordinance amending the list of Connecting Arterial Streets with a stated penalty as
provided in Section 10.04.020.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
Section 10.16.020 of the Code of General Ordinances of the City of Janesville is hereby
amended by adding the following:
Connecting Arterial Streets Except At
Humes
Road Crossover to Access Road,
South Side of Humes Road
at Bell Street
ADOPTED:
MOTION BY:
APPROVED:
SECOND BY:
COUNCILMEMBER AYE NAY PASS ABSENT
Eric J. Levitt, City Manager
BRUNNER
ATTEST:
McDONALD
Jean Ann Wulf, City Clerk-Treasurer
PERROTTO
APPROVED AS TO FORM:
RASHKIN
STEEBER
TRUMAN
City Attorney
VOSKUIL
Proposed by: Engineering Division
Prepared by: Engineering Division
\\Petey\COJHome\Agenda Review\Approved Agenda Items\2009\9-14-2009\Transportation Ordinance No. 2009-438.doc