Full Agenda Packet
CITY OF JANESVILLE
CITY COUNCIL MEETING AGENDA
MONDAY, October 12, 2009
7:00 P.M.
1. Call to Order and Pledge of Allegiance.
2. Roll Call.
3. Minutes of regular City Council meeting of September 28, 2009. “C”
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 09010-C,
Dean Health Systems/SSM Healthcare, 2 lots along STH 11. “C”
6. Action on a proposed resolution deferring special assessments for
sidewalk for the properties located at 426 West Delavan Drive and
3600 Kennedy Road. (File Res. No. 2009-645) “C”
7. Action on a proposed resolution supporting universal access to quality
health care. (Revised File Res. No. 2009-629)
8. Action on a proposed resolution recognizing the Firefighters and
Paramedics of the Janesville Fire Department. (File Res. No. 2009-648)
OLD BUSINESS
1. Requests and comments from the public regarding items on the Agenda not
requiring a public hearing.
2. Requests and comments from the public on matters which can be affected
by Council action.
-----------------------
“C” – This designation indicates an item that the City Council will take up
under a Consent Agenda.
City Council Agenda – October 12, 2009
Page 2
OLD BUSINESS (CONTINUED)
3. Second reading, public hearing and action on a proposed charter ordinance
amending the meeting time of regular Common Council meetings from 7:00
p.m. to 6:30 p.m. on the second and fourth Mondays of the month. (File
Charter Ord. No. 2009-008)
NEW BUSINESS
1. Presentation by Janesville Shade Tree Advisory Committee.
2. Action on proposed revisions to Rotary Gardens lease agreement.
3. Authorization for the City Manager to enter into a Memorandum of
Understanding (MOU) with Forward Janesville for the installation of a mural
on the Franklin Street side of City Hall.
4. Action on a proposed resolution authorizing the issuance of $16,405,000 in
promissory notes for financing various public purposes.
(File Res. No. 2009-641)
5. Final approval of a Memorandum of Understanding (MOU) between the City
of Janesville and the Wisconsin Department of Transportation.
(File Res. No. 2009-640)
6. Matters not on the Agenda.
7. Motion to adjourn.
PROCEEDINGS OF THE CITY COUNCIL
CITY OF JANESVILLE, WISCONSIN
REGULAR MEETING
SEPTEMBER 28, 2009
VOL. 60
NO. 18
Regular meeting of the City Council of the City of Janesville held in the Municipal Building on
September 28, 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, Steeber,
and Voskuil. Councilmember Rashkin was absent.
CONSENT AGENDA
Minutes of the regular meeting of September 14, 2009.
Minutes of the special meeting of September 14, 2009.
Licenses and Recommendations of the Alcohol License Advisory Committee.
Financial Statement for the month of August 2009.
Council President Truman stated that all items on the consent agenda would be approved if
there were no objections. There were none.
OLD BUSINESS
1. Requests and comments from the public regarding items on the agenda not requiring a public
hearing. Burdette Erickson, 115 S. High St. and Kurt Linck, 118 S. High St., spoke in favor of
purchasing the homes in tax foreclosure (New Business #2).
2. Requests and comments from the public on matters which can be affected by Council action.
None.
3. A proposed ordinance amending the list of connecting arterial streets received its second
reading and public hearing. No one spoke. The public hearing was closed. Councilmember
Steeber moved to adopt said ordinance, seconded by Council President Truman and passed
unanimously. (File Ord. No. 2009-438)
NEW BUSINESS
1. Award of contract C2009-25 (landfill scale house remodeling) for Public Works bid Schedule
“I”-2009. Councilmember Steeber moved to award said contract to Paulson Kimball
Construction, LLC, Janesville, WI, for $56,000, with the intention to include $50,000 in the Note
Issue to pay said contract, seconded by Councilmember Voskuil and passed unanimously.
2. Action on a proposed resolution authorizing the acquisition of 205 South Pearl St., 203 Linn
St., and 903 McKinley St. Councilmember McDonald moved to adopt said resolution, seconded
by Councilmember Voskuil and passed unanimously. A friendly amendment proposed by
Council President Truman to determine the cost of rehab before beginning rehab work was not
accepted. (File Res. No. 2009-638)
3. A proposed charter ordinance amending the meeting time of regular Common Council
meetings from 7:00 PM to 6:30 PM held on the second and fourth Monday of each month was
introduced and scheduled for a public hearing on October 12, 2009.
4. Introduce, refer to Plan Commission and schedule a public hearing on a proposed ordinance
rezoning property located at 1102 Pliny Avenue from R2 to M2. This item was removed by
Council President Truman. Application withdrawn by applicant. No Council action taken.
5. Matters not on the agenda. Councilmember Steeber stated he was concerned that the Rock
Soccer Club removed a sign recognizing a generous donation from the Youth Sports Complex
and requested a report from the Administration.
6. Councilmember McDonald moved to convene into closed session pursuant to Wisconsin
Statute Section 19.85(1)(e) for the purpose of deliberating and setting the negotiation and
bargaining strategies, terms, and conditions for separate potential TIF 22 and potential TIF 32
sales and development agreements, and for formulating and setting collective bargaining
negotiating strategies and terms, since competitive and/or bargaining reasons require a closed
session; and pursuant to Wisconsin Statute Section 19.85(1)(g) for the purpose of conferring
with legal counsel for the governmental body who is rendering oral or written advice concerning
strategy to be adopted by the body with respect to litigation in which it is or is involved,
specifically the claim and litigation alleging personal injury and property damage by one Kevin B.
Speich v. City of Janesville, Rock County, Case No. 08 CV 1220, seconded by Councilmember
Steeber and passed unanimously.
There being no further business, Council convened into closed session at 7:41 PM.
These minutes are not official until approved by the City Council.
David T. Godek
Deputy Clerk-Treasurer
JANESVILLE CITY COUNCIL
LICENSE AGENDA
10/12/2009
RECOMMENDED
A. ELECTRICIANS – ORIGINAL
Dave M. Kadlec 2791 Germond Rd., Rhinelander, WI
B. AMUSEMENT DEVICE AND CENTER LICENSE-ORIGINAL
METRO ARCADE
Jay C. Peterson 2500 Milton Ave. #182
C. CHANGE IN PREMISE TO ALLOW OUTDOOR SEATING
CHARLIE’S PLACE, INC. d/b/a CHARLIE’S PLACE
Charles S. Meyer 2020 E. Racine St.
D. ORIGINAL RESERVE CLASS B INTOXICATING LIQUOR AND FERMENTED MALT BEVERAGE
LICENSE
MCDJ, LLC d/b/a SNEAKERS SPORTS PUB; INCLUDING OUTDOOR SEATING
Connie M. Dewitt 1221 Woodman Rd.
Community Development Department Memorandum
October 7, 2009
TO: Janesville City Council
FROM: Duane Cherek, Planning Services Manager
SUBJECT: Final CSM 09010-C, Dean Health Systems/SSM Health Care, 2 lots along
STH 11.
I. RECOMMENDATION
The Plan Commission and Community Development Department recommend
that the City Council support a motion to approve Final CSM 09010-C subject to
the following conditions:
1. Payment of special assessments as calculated by the City Engineering
Department for storm sewer ($342,782.55) streetlight ($13,993.61) and
sidewalk improvements ($46,181.00).
2. City Council adoption of a Memorandum of Understanding (MOU) between the
City of Janesville and the Wisconsin Dept. of Transportation to grant an access
point onto STH 11 for the development site.
3. Dedication of an easement on the final certified survey map to allow for public
water main service to Lots 1 and 2 at the Midland Road access point, as
designed by the City Engineering Department.
II. CITY MANAGER RECOMMENDATION
The City Manager defers to the Plan Commission recommendation.
III. REQUEST
Dean Health System and SSM Healthcare of Wisconsin are requesting a 2-Lot
survey of land located on the south side of STH 11 (E. Racine Street) between
Interstate 39/90 and S. Wright Road. The property is currently undeveloped and
zoned B4-Business Highway District. The applicants intend to create a
development site for the establishment of a regional medical complex. The survey
configures the subject property into two lots containing a total of 50.6 acres. Lot 1
is 28.2 acres in size and is designed to accommodate a medical clinic and office
building for Dean Health Systems. Lot 2 will create a development site that is 22.4
acres in size for the construction of a new hospital by SSM Health Care (St.
Mary’s). The common lot line between Lots 1 and 2 defines the proposed
separation between the medical facilities to be constructed by Dean/SSM on the
subject property.
IV. ANALYSIS
A. The applicant’s propose to create two lots from a contiguous 50 –acre
landholding south of STH 11, east of Interstate 39/90. The property is
zoned B4-Business Highway District, currently vacant and in agricultural
use.
B. Construction of a regional medical facility (clinic, office building and
hospital) is proposed on the subject property. In order to accommodate
the proposed development, a Traffic Impact Analysis (TIA) was
conducted. The TIA has identified a number of traffic improvements that
will be required along the STH 11 frontage of the survey area, as well as
on S. Wright Road. Those improvements reflect the need for
modifications and/or upgrades to the northbound I-90 exit ramp at STH 11,
the Midland Road and Wright Road intersections with STH 11 and
improvements associated with a driveway connection to S. Wright Road
adjoining Lot 2. Details regarding the type, cost and design of traffic
improvements required to support the proposed development will be
documented in a separate Memorandum of Understanding between the
City of Janesville and WisDOT, and the City of Janesville and the
Developers.
C. The long term traffic improvement recommended by the TIA for the access
point on S. Wright Road includes a round-about facility. This feature will
serve the subject property and the future commercial development site to
the east with appropriate access and circulation projected by the TIA. The
survey dedicates the necessary right-of-way along South Wright Road to
accommodate this traffic feature.
D. Access to the medical facilities via internal drives and shared parking is
proposed between Lots 1 and 2 as part of the development. A separate
easement to provide for ingress, egress, cross access and shared parking
will be recorded in conjunction with the CSM. A note to this affect has
been placed on survey to reference this arrangement.
E. The survey will be subject to the payment of special assessments for
storm sewer, sidewalk and street light improvements. The estimated cost
for those assessments as calculated by the Engineering Department is
provided in the recommendation section.
F. Sidewalks are planned for the STH 11 frontage and S. Wright Road
frontage of the survey area. The survey dedicates a 30’ wide sidewalk
easement along the STH 11 frontage of property. The easement is
provided to allow for the construction of a 10’ wide bicycle and pedestrian
trail within this area, instead of the standard sidewalk improvement that is
typically installed within the adjoining right-of-way. During review of the
development proposal, City staff and representatives from Dean/SMM
agreed that construction of a trail in this location rather than a sidewalk
would be more appropriate and provide greater benefit to both the project
and community. The developer will be required to satisfy the cost of this
improvement and is responsible for maintenance of the trail which
includes snow removal.
G. Application of “No Access” notes along the Interstate 90 frontage of Lot 1
and the STH 11 frontage of Lots 1 and 2 are shown on the CSM.
Proposed access to the site from STH 11 at the Midland Road intersection
must be granted by WisDOT, and is subject to City Council approval of a
MOU between the City and WisDOT. Separate review and action by the
City Council is necessary to satisfy that requirement.
H. Payment of any outstanding special assessments including taxes owed
(the applicant should contact the City Clerk’s Office regarding this item).
V. PLAN COMMISSION ACTION – 21 SEPTEMBER 2009
The Plan Commission unanimously agreed to forward Final CSM 09010-C to the
City Council with a favorable recommendation subject to the conditions listed in
Section I.
cc: Eric Levitt
Jay Winzenz
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CLERK-TREASURER MEMORANDUM
October 2, 2009
TO: City Council
FROM: Jean Ann Wulf, City Clerk-Treasurer
SUBJECT: Action on a proposed resolution deferring special assessments for
sidewalk for the properties located at 426 W. Delavan Dr. and 3600
Kennedy Rd. (File Resolution 2009-645)
The property owners residing at 426 W. Delavan Dr. and 3600 Kennedy Rd. have
requested special assessment hardship deferments for sidewalk improvements based on
their current economic status. The special assessments have a current balance of
$1,041.35 and $8,645.00 respectively.
Council Policy Statement No. 63 acknowledges financial hardships where property owners
cannot pay for their special assessments. In the past, the City Council has granted
financial hardship interest-free deferments. These assessments will not be due until the
property owners sell their home. The Neighborhood Services Department staff verified
eligibility by confirming income level of both property owners.
The Administration has prepared Resolution No. 2009-645 which would defer interest free
the special assessments until the properties are sold. We recommend the City Council
adopt this resolution.
Suggested Motion:
I move to adopt Resolution 2009-645 which will defer interest free the special assessments
levied against 426 W. Delavan Dr. ($1,041.35) and 3600 Kennedy Rd ($8,645.00).
cc: Jay Winzenz, Director of Administrative Services/Assistant City Manager
RESOLUTION NO. 2009-645
A Resolution deferring special assessments for sidewalk for the properties
located at 426 W. Delavan Dr. and 3600 Kennedy Rd.
WHEREAS, The Administration has determined that the owners of property at
426 W. Delavan Dr., tax parcel 0401200174 and 3600 Kennedy Rd., tax parcel
021810009 reside at these addresses and meet the conditions outlined in City Council
Policy No. 63, paragraph V.B. for special assessment deferments;
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Janesville, that the sidewalk special assessment in the amount of $1,041.35 for 426 W.
Delavan Dr. and the sidewalk special assessment in the amount of $8,645.00 for 3600
Kennedy Rd., shall be a lien on those properties and be paid when the properties are
sold or transferred without any accumulation of interest.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
McDonald
Eric Levitt, City Manager
Perrotto
Steeber
ATTEST:
Truman
Rashkin
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
_______
City Attorney
Proposed by: Clerk-Treasurer’s Department
Prepared by: Clerk-Treasurer’s Department
CITY MANAGER’S OFFICE MEMORANDUM
September 14, 2009
TO: City Council
FROM:Rebecca Smith, Management Assistant
SUBJECT: Action on a proposed resolution supporting universal access to quality
health care (Revised File Resolution No. 2009-629)
Request
Councilmembers Yuri Rashkin and Thomas McDonald sponsored a resolution regarding
universal access to quality health care for the August 24 Council agenda. At the August
24 meeting, the Council chose to postpone this resolution to a future meeting.
Recommendation
Staff has no recommendation.
Suggested Motion
I move to approve revised file resolution 2009-629 supporting universal access to
quality health care.
Background
Universal access to health care has been a nationwide topic of discussion for many
th
years. Recently President Obama and the 111 Congress have begun seriously
examining this idea and many proposals have become available for consideration by
our federal legislators.
Millions of Americans are without health insurance in the United States. Unemployment
within Rock County is increasing; therefore, more local families may not have access to
employer-sponsored insurance and are finding it difficult to obtain affordable, private
insurance.
This resolution demonstrates the Council’s support for universal access to quality health
care for all legal American citizens and requests our Wisconsin Congressional
delegation to support the implementation of affordable, accessible and responsible
quality health care for all legal citizens.
CC:
Eric Levitt, City Manager
Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services
REVISED FILE RESOLUTION NO. 2009-629
A Resolution supporting universal access to quality health care.
WHEREAS
, the Common Council of the City of Janesville supports the belief that all legal
residents of the United States should have accessible and affordable health care; and
WHEREAS
, quality health care should be accessible and affordable for all legal residents
regardless of age, gender, race, economic status or social status; and
WHEREAS,
the Janesville City Council recognizes that it is increasingly difficult for many
residents to obtain quality health care and we support the concerted efforts of local
jurisdictions to encourage the United States Congress and other decision makers to design a
rational health care system; and
WHEREAS
, millions of Americans in the United States lack health insurance; and
WHEREAS
, rising health care costs have affected employers’ ability to provide health care
benefits for their workers and retirees and have sharply increased the costs of doing
business; and
WHEREAS,
millions of Americans are in working families and may not have access to
employer-sponsored insurance and are unable to obtain it through another family member;
and
WHEREAS
, unemployment within Rock County is increasing; therefore, more local families
may not have access to employer-sponsored insurance and are finding it difficult to obtain
affordable, private insurance; and
WHREAS
, the uninsured suffer from negative health consequences due to their lack of
access to necessary medical care and are less likely to receive preventive care and services
1
for major health conditions; and
WHREAS
, thousands of Americans die every year of preventable and/or treatable diseases
because they are uninsured; and
WHEREAS
, the Janesville City Council desires a rational system for delivering quality health
care to ensure all Americans have access to these necessary services at a cost that is
reasonable to them and to their employers; and
WHEREAS
, the Janesville City Council encourages our Wisconsin Representatives and
Senators to diligently examine all options carefully to ensure they meet the needs of
Wisconsin residents and employers; and
WHEREAS
, the majority of the citizens of the United States have indicated satisfaction with
their health care provisions and efforts by the Congress of the United States should be to
strengthen the health care system and to provide health care for those who are under-
insured or uninsured and do not have accessible health care.
NOW, THEREFORE, LET BE IT RESOLVED By the Common Council of the City of
th
Janesville,
on the 12 day of October 2009 that all legal Americans in the United States
should have the right to health care of equal high quality. We request our Wisconsin
delegation of legislators to fully debate the issue of health care; and support the
implementation of affordable, accessible and responsible quality health care for all legal
citizens.
Sources
1
Kaiser Family Foundation, Kaiser Commission on Medicaid and the Uninsured,
September 2008
Motion by:
ADOPTED:
Second by:
Councilmember Aye Nay Pass Absent
APPROVED:
Brunner
McDonald
Perrotto
Eric Levitt, City Manager
Rashkin
Steeber
ATTEST:
Truman
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
City Attorney
Proposed by: Councilmembers Rashkin and
McDonald
Prepared by: Management Assistant
Community Development Department Memorandum
October 12, 2009
TO: Janesville City Council
FROM: Al Hulick, Management Analyst
SUBJECT: Action on a proposed resolution recognizing the Firefighters and
Paramedics of the Janesville Fire Department (File Resolution No.
2009-648)
Councilmember Russ Steeber and Councilmember George Brunner have
requested that the City Council recognize the service and dedication of Janesville
Firefighters and Paramedics as part of Fire Prevention Month. October has been
designated as Fire Prevention Month and makes this time of year appropriate for
such recognition. In October, citizens are encouraged to recognize the sacrifices
and contributions of our Firefighters and Paramedics and to honor these men
and women for their dedication to duty.
The City of Janesville Fire Department has 92 authorized protective service
personnel. To honor these men and women, Resolution 2009-648 states the
City Council’s intent to encourage all citizens to show their appreciation for the
commitment to service of Janesville’s Firefighters and Paramedics.
Chief Grorud and other representatives from the Fire Department will be in
attendance at the City Council meeting on October 12 to accept this recognition
on behalf of all Janesville Firefighters and Paramedics.
cc: Eric Levitt
Jacob Winzenz
RESOLUTION NO. 2009-648
A Resolution recognizing the Firefighters and Paramedics of the Janesville Fire
Department (File Resolution No. 2009-648)
WHEREAS,
October is recognized as Fire Prevention Month, a time when Firefighters and
Paramedics make a concerted effort to reach out to the community to teach fire safety; and
WHEREAS,
we routinely witness their heroic efforts by putting themselves in harm’s way as
our guardians of life and property; and
WHEREAS
, it is important that all citizens know and understand the duties, responsibilities,
hazards, and sacrifices of their Firefighters and Paramedics, as those members of the Fire
Departments recognize their duty to serve the people of their community; and
WHEREAS
, the Janesville City Council desires to honor the valor, service, and dedication of
the Firefighters and Paramedics that serve the City of Janesville.
NOW, THEREFORE, LET IT BE RESOLVED By the Common Council of the City of
th
Janesville
, on the 12 day of October, 2009, that the month of October is to be observed as
Fire Prevention Month; and
BE IT FURTHER RESOLVED by the Common Council
that all Janesville citizens are called
upon to especially honor and show our appreciation for the Firefighters and Paramedics of the
City of Janesville by deed, remark and attitude in honor of these men and women who work to
protect their fellow citizens and community.
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:
Wald Klimczyk, City Attorney
Proposed by: Councilmember Steeber and
Councilmember Brunner
Prepared by: City Manager’s Office
CITY MANAGER’S OFFICE MEMORANDUM
October 7, 2009
TO: City Council
FROM:Thomas E. Malone, Management Analyst
SUBJECT: Second Reading, Public Hearing and Action on a Proposed Charter
Ordinance Amending the Meeting Time of Regular Common Council
Meetings from 7:00 P.M. to 6:30 P.M. on the Second and Fourth Monday’s
of the Month (File Charter Ordinance 2009-008)
Request
The Janesville Gazette has requested that the City Council meetings be regularly
scheduled to start at 6:30 pm rather than 7:00 pm.
Recommendation
No City Manager recommendation.
Suggested Motion
If the City Council wishes to consider a change in the time for Council meetings then,
following the public hearing, the proposed Charter Ordinance should be approved.
Background
Every city has a charter that establishes the form and substance of the City’s structure
and operation. To make changes to the charter, the Council must pass a charter
ordinance. Janesville’s charter details when the common council meets.
Charter ordinances are more involved than typical “general ordinances”.
?
Amending a Charter Ordinance requires a two-thirds vote, or 5 affirmative votes, of
the Common Council, instead of a simple majority (4 votes).
?
A Charter Ordinance does not take effect until 60 days after its passage and
publication. If citizens oppose the Charter Ordinance, they may use this 60 day
time period to gather the appropriate signatures to require a referendum on the
Charter Ordinance.
Analysis
Below is a list of potential pros and cons to changing the start time of City Council
Meetings to 6:30 pm.
Pros
?
Starting meetings at 6:30 would potentially provide the media with extended time
to meet deadlines and include a more complete description of council meetings.
?
There is the potential that meetings would not be in session as late into the
evening because of the earlier start time. This would be an advantage to
residents who are in attendance for later agenda items.
Cons
?
Starting meetings at an earlier time has the potential of being an inconvenient for
citizens who are unable to make a 6:30 pm meeting due to work or personal
reasons.
?
The City Council currently holds a listening session from 6:00 until 7:00 prior to
the first Council meeting of the month. If this request is approved that listening
session will either need to be shortened by ½ hour, or the start time will need to
be moved to 5:30.
?
Under the current start time additional meetings are sometimes scheduled prior
to the Council meetings, this could impact the ability to schedule those other
meetings.
CC:
Eric Levitt, City Manager
Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services
CHARTER ORDINANCE NO. 2009 – 008
CITY OF JANESVILLE
Amendment
To Certain Current Charter Ordinance Section 2.04.030 of the City of Janesville
An ordinance amending the meeting time of regular common council meetings.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I. Charter Ordinance Section 2.04.030 of the Code of Ordinances of the City of
Janesville is hereby amended to read as follows:
“2.04.030 Time--Place
. Regular meetings of the council shall be held in the council chambers at
six thirty o’clock p.m.
the city hall at seven o'clock p.m. Special meetings shall be held at the place
and at the time designated in the notice thereof.”
SECTION II.
All other provisions and sections of the Charter Ordinance(s) of the City of Janesville not
expressly and specifically amended in the manner set forth above are hereby reaffirmed and ratified, shall
remain unchanged, and shall remain in full force and effect.
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: Council President Truman
Prepared by: Management Assistant
Community Development Department Memorandum
October 12, 2009
TO: Janesville City Council
FROM: Al Hulick, Management Analyst
SUBJECT: Presentation by Janesville Shade Tree Advisory Committee
In 2007, the Janesville Shade Tree Advisory Committee (JSTAC) voluntarily
started the process of conducting a street tree inventory for the City of Janesville.
This process was important to understand the current composition and health of
the City’s urban forest, and to help prepare and plan for future threats. In the Fall
of 2008, the JSTAC completed their field work, which involved creating an
inventory of trees and planting spaces along randomly selected segments of
Janesville’s streets. The species, size, and condition of existing terrace trees, as
well as spaces where trees could be planted were collected. This information
has been complied and tabulated into the attached report.
At this time, the JSTAC would like to present this information to the City Council.
The JSTAC hopes the attached document will be used as a starting point for
comprehensive planning for the future of Janesville’s Urban Forest, and can be
used to improve existing ordinances regarding trees and prepare a plan to deal
with emerald ash borer and other potential catastrophic events that may befall
the City’s Urban Forest.
The Janesville Shade Tree Advisory Committee has recently submitted for a
grant and the City was requested to support the Janesville Shade Tree Advisory
Committee in kind. The City Manager was supportive of this.
cc: Eric Levitt
Jacob Winzenz
CITY MANAGER’S MEMORANDUM
October 5, 2009
TO: City Council
FROM:Eric Levitt, City Manager
SUBJECT: Action on proposed revisions to Rotary Gardens lease agreement.
Request
Recently, representatives from the Rotary Gardens Board of Directors contacted the
City Manager’s office to request modifications to their lease agreement for the Rotary
Gardens property.
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Gary Smith and Dave Jennings of Rotary Gardens will attend the October 12 meeting
to present the requested lease changes to the City Council.
City Manager Recommendation
The City Manager recommends approval of the proposed agreement.
Suggested Motion
I move to approve the changes to the Rotary Gardens lease.
Background
Rotary Gardens is a 20-acre non-profit botanic garden home to many themed gardens.
The Gardens has existed for twenty years and is located on property owned by the city;
the lease with the Gardens expires in May, 2089.
Proposed Lease Changes
The Board of Directors has asked for lease changes because they feel they have
successfully managed the Gardens for twenty years and would like to modify the
agreement to reflect the current independent management of the Gardens. The
Gardens are proposing several significant lease changes:
1. The Gardens would be able to make capital improvements and changes to City
property without prior Common Council review or consent. (section 3C) However,
the Gardens must inform the City of the modifications. (section 4E) Through this
provision, if the City has concerns it can submit notice of its concerns prior to the
improvements occurring.
2. The Gardens would operate under self-control, with the Board and Director able to
establish rules and procedures for the Gardens; however, they would inform the City
Manager prior to implementation. (section 3D) These decisions would include the
design, planting and maintenance of the horticultural plantings.
1
3. This lease has allowed the City the opportunity to assist with renovating/repairing
garden buildings at our discretion; this section has been updated to include the
Horticultural Building as one of the sites we may wish to improve. (section 4B)
4. The lease requires the City to use insurance proceeds to make repairs/replacements
to the Gardens, provided the situation is subject to the conditions outlined in the
lease. This means that if the City does not receive insurance funding, we do not
have to pay for damages. Additionally, the City is not obligated to provide other
funding for damages, reconstruction, repair, or improvement beyond the amount of
insurance proceeds the City receives. (section 4D)
5. The Gardens may charge a fee to enter. This would include charging a fee for
anyone wishing to fish in the lagoon from the Gardens property. The Gardens
believe this is similar to what the State of Wisconsin requires for those wishing to
fish within a state park. (section 7A) The Gardens would no longer have to provide
free restrooms to the public because access would be restricted to those who have
paid to enter. The Gardens has restrooms available during all open hours to those
that have paid the entrance fee.
6. The City will no longer tell the Gardens how much fire insurance they need to
purchase; rather, this decision will be left to the Gardens. (section 8A) The lease
requires the Gardens to have worker’s compensation and liability coverage.
(sections 8C 1 and 2)
7. The Gardens must submit an annual financial statement to the City. (section 9E)
8. The agreement could be terminated by either party with 120 days notice to the other
party.
2
CITY OF JANESVILLE
and
ROTARY GARDENS, INC.
ROTARY GARDENS LEASE AGREEMENT
This (hereinafter the is made by and between the
LEASE AGREEMENT "AGREEMENT") CITY OF
a Wisconsin Municipal Corporation located in the County of Rock with its principal place of
JANESVILLE,
business at 18 North Jackson Street (hereinafter the and the
"CITY"), ROTARY GARDENS, INC. (aka
aWisconsin non-profit 501(c)(3) organization conducting its principal place of
Rotary Botanical Gardens),
business at 1455 Palmer Drive in the City of Janesville, County of Rock, State of Wisconsin (hereinafter the
"LESSEE").
the is the owner of developed park land located in the City of Janesville, County of Rock,
WHEREAS, CITY
State of Wisconsin, known as Rotary Gardens; and,
th
Rotary Gardens is a successful organization celebrating its 20 year of existence, the need for
WHEREAS,
management and veto power over the day-to-day operations of Rotary Gardens no longer exists, the
CITY
lease is hereby revised.
in consideration of the fulfillment of the obligations of the parties hereinafter set forth and
NOW, THEREFORE,
for other good and valuable consideration, the receipt of which is hereby acknowledged,
IT IS
by and between the as follows:
MUTUALLY AGREED AND PROMISED, CITY and LESSEE
1.PREMISES
hereby leases to the and the hereby leases from the for the term
The CITY LESSEE LESSEE CITY,
and upon each of the conditions, promises and obligations hereinafter set forth,
A. That part and portion of to be known as
Blackhawk Park "Rotary Botanical Gardens",
incorporating approximately 20.0 acres of land, depicted and described more fully in Exhibit
"A" which is attached hereto and incorporated herein as if fully set forth.
B.A two-story brick structure currently upon known as the Rath
ROTARY GARDENS
Environmental Center comprising approximately One Thousand Four Hundred Ninety Six (1,496)
square feet, and the Parker Education Center addition of approximately 11,500 square feet.
C. The Horticulture Building comprising of 6,786 square feet.
D. The west property line between Rotary Gardens and Lions Beach may be subject to change from
time to time. The exact location of the west property line will be subject to the mutual agreement of
the City, Rotary Gardens, and the Janesville Lions Club.
E. Any and all current and future land, structures, buildings and improvements thereon.
(Hereinafter A and B and C and D and all the land and buildings, structures and improvements
thereon, current and future, jointly shall be referred to as
ROTARY GARDENS.)
Rotary Gardens/City of JanesvilleLease AgreementPage 1 of 1,Revised (date)
2. TERM OF LEASE
The initial term of this lease shall be for ninety-nine (99) years commencing on 1 May 1990 and
ending on 30 May 2089.
3. USE OF THE PROPERTY AND BUILDINGS
A.has the authority to use for the purposes of management of
The LESSEE ROTARY GARDENS
a botanical garden, a Visitor and Educational Center, administrative offices, and a Horticulture
Center.
B.is responsible for any and all costs arising from and/or pertaining to design,
The LESSEE
development, repair, renovation and maintenance.
C.has the authority to occupy, use, develop and maintain
The LESSEE ROTARY GARDENS
solely for the purposes of developing and maintaining a botanical garden, Visitor's Center, and
Horticulture Building and such other directly related purposes and uses thereto in a manner
consistent with Common Council Resolutions relating to this lease, this existing
AGREEMENT,
ordinances, and all other public park land uses or policies, written or by custom
CITY CITY .
Thewill inform the by letter in advance of any major improvements
LESSEECity Manager
allowing a minimum of thirty (30) days for response from the prior to implementation of such
CITY
The shall abide by the input of the City Manager and Common
LESSEE
improvements.
Council in implementing the Work.
D.The has the authority, from time to time, to establish such various rules and procedures
LESSEE
for using .Each and every such rule, prior to taking effect, shall be
ROTARY GARDENS
shared with the City Manager.
4. MAINTENANCE,REPAIRS, DAMAGE AND RESTORATION.
A.shall, throughout the term of this solely at its own cost and
The LESSEE AGREEMENT,
expense, develop, improve, keep and maintain including, but not
ROTARY GARDENS,
limited to any and all vegetation, buildings, structures, improvements, public facilities, and
accessories of whatsoever kind and nature which are now and which may later become a part of
in as good or better a condition than the same were at the beginning
ROTARY GARDENS
of thisor later addition, reasonable wear and tear excepted.
AGREEMENT
B.may, solely at its expense and discretion, restore, repair and/or rehabilitate such
The CITY
structures including, but not limited to, the Visitor's Center, Horticultural Building, gazebo, bridge and
other permanent structures, which may be destroyed or damaged by vandalism, fire or other cause.
C.The fully or partial damage or destruction of any part or portion of shall not
ROTARY GARDENS
release the from any obligation or promise contained in this
LESSEE AGREEMENT.
D.shall be obligated to make such repairs, replacements and/or restorations of whatsoever
The CITY
kind, nature or description to or to any buildings or improvements thereon
ROTARY GARDENS
upon receiving such insurance payment therefore subject to the following conditions:
1.The shall not be obligated to provide funds or other resources beyond the amount of any
CITY
insurance payment received.
2.The shall not be obligated to pay any portion of any amount or type of deductible
CITY
required to be paid for the release of or in addition to insurance payments.
Rotary Gardens/City of JanesvilleLease AgreementPage 2 of 2,Revised (date)
3.The option to repair, replace or restore any building or improvement, or to submit payments for
the repair, replacement or restoration of any building or improvement to the shall
LESSEE,
remain at the discretion of the
CITY.
E.shall inform the in advanceof all alterations, additions, repairs, permanent
The LESSEE CITY
decorations, restorations or other improvements or modifications.
5. LESSEE'S RESPONSIBILITY
A.has the authority and responsibility to develop and maintain
The LESSEE ROTARY
as a botanical garden, Visitor's Center, and Horticulture Center and such other
GARDENS
appurtenant uses and purposes directly related thereto.
6. CITY'S RESPONSIBILITY
A.shall have no responsibility whatsoever, at any time, to provide funding, manpower,
The CITY
materials, supplies, vehicles or equipment for any development, improvements or
of LESSEE'S
maintenance of any part or portion of
ROTARY GARDENS.
B.shall snow plow the entire asphalt parking lot adjacent to the Visitor's Center.
The CITY
7. RENT
A.shall develop and maintain as a botanical garden and
The LESSEE ROTARY GARDENS
Visitor's Center open and available to all members of the public at reasonable hours. A
reasonable admission fee may be applied with advance notice to the .
CITY
B.shall not require of the nor shall the pay to the any rent
The CITY LESSEE, LESSEE CITY,
or rental payment for the lease or use of
ROTARY GARDENS.
8. INSURANCE
A.shall obtain pay for and at all times maintain all risk fire insurance coverage for
The LESSEE
and the personal property and plant life and materials thereon.
ROTARY GARDENS
B.Such coverage shall be written on a replacement value basis.
C.In addition, the shall obtain, pay for and at all times maintain the following coverage:
LESSEE
1. Worker's Compensation covering the full statutory liability of the and arising from
LESSEE CITY
and or pertaining to development, maintenance, operation and use of
LESSEE'S ROTARY
GARDENS.
2.General Liability Coverage against all peril including personal injury and contractual with
limits of One Million Dollars for each occurrence and Two
not less than ($1,000,000.00)
Million Dollarsin the aggregate naming the as co-insured or
($2,000,000.00) CITY
additional insured under the policy(ies). Such policy shall include fire legal
LESSEE'S
Rotary Gardens/City of JanesvilleLease AgreementPage 3 of 3,Revised (date)
liability with limits of not less than One Hundred Thousand Dollars Proof of
($100,000.00).
such coverage shall be provided to the
CITY.
D.The City shall maintain and pay for:
1.Property insurance for covering current and future fully completed
ROTARY GARDENS
structures and additions thereto of such nature and covering such structures, buildings,
improvements and additions thereto which is customary and consistent with the current
CITY'S
policy with the Wisconsin Local Government State Property Insurance Fund. The coverage
CITY'S
shall take effect when the structure or building is fully constructed andaccepted by the
CITY.
Until such event, and during all times when the building or structure is under construction,
renovation, and/or remodeling, the shall acquire and maintain adequate insurance for
LESSEE
same.
2.The coverage shall attach, commence and be bound no earlier than such time(s) and/or
CITY'S
upon such events as is currently provided to the in the current policy with the
CITY CITY'S
Wisconsin Local Government State Property Insurance Fund.
3.The current building and structure insurance has a deductible. In the event that a claim
CITY'S
is made against the insurance for structure(s) and/or
CITY'SROTARYGARDENS
building(s), the shall be responsible for and shall timely pay to the the entire
LESSEECITY
amount of such deductible in each instance.
E.Nothing in this shall be construed so as to authorize or permit any insurer of the
AGREEMENT
or the to be subrogated to any right of the or against the other arising
CITYLESSEECITYLESSEE
under this .The is fully responsible for all of its own acts and omissions
AGREEMENTLESSEE
and those of its own employees, agents, representatives, officers, officials and related others.
9. FINANCIAL GAIN
A.The may undertake reasonable and project related financial gain activities upon
LESSEEROTARY
and directly contiguous public parkland provided that any and all proceeds
GARDENSCITY
therefrom shall be used exclusively by for the further enhancement and operations of
LESSEE
.
ROTARYGARDENS
B.Such financial gain activities include, but are not limited to, free will donations, commercial
photography sessions, rental payments, special events and concession sales.
C.The may, at its discretion, charge an admission fee to individuals and groups using or
LESSEE
visiting .The has the sole authority to periodically adjust any fees as
ROTARYGARDENSLESSEE
approved by its governing body.
D. In conformance with Paragraph 9.C., if the decides to implement and then, from time to
LESSEE
time, change admission fees at Rotary Gardens, said fee schedule and changes thereto must be shared
with the City prior to implementation.
E.The LESSEE shall annually submit to the a financial statement within 30 days of completion
CITY
of the annual audit.
Rotary Gardens/City of JanesvilleLease AgreementPage 4 of 4,Revised (date)
10. UTILITIES
A. The shall be solely responsible and timely pay for the installation of any and all utility
LESSEE
services and laterals howsoever requested or required.
B. The shall be solely responsible and timely pay any and all monthly and periodic
LESSEE
expenses necessary or desired to maintain said utility services including but not limited to,
electrical, water, wastewater, storm sewer, gas, telephone and cable TV.
11. EASEMENTS
A.This is subject to all easements of record.
AGREEMENT
12. COMPLIANCE WITH LAWS
A.shall at all times, fully comply with and obey each and every applicable rule,
The LESSEE
regulation, law, ordinance, statute and order of any governmental unit, body, and court lawfully
exercising authority over its operation and use.
ROTARY GARDENS,
13. MISCELLANEOUS
Ashall work together to maintain an acceptable water level, which meets
.The LESSEE and CITY
the best interest of Lions Beach and the botanical gardens.
Furthermore, the and shall work together to preserve, maintain and enhance the
CITY LESSEE
water quality.
B.This shall be binding upon the parties hereto, their respective heirs, devisees, personal
AGREEMENT
representatives, administrators, successors, transferees, and assigns.
C.This shall be construed and enforced in accordance with the Laws of the State of
AGREEMENT
Wisconsin.
D.This shall not be assigned nor conveyed, nor any of obligations
AGREEMENT LESSEE'S
transferred by to any person without prior written approval from the
LESSEE CITY.
15. MODIFICATIONS AND TERMINATION OF LEASE AGREEMENT
A.This may be modified or amended upon the mutual written and executed
AGREEMENT
agreement of the and
CITY LESSEE.
B.1. This shall not be varied or waived by any oral representations or promise of either
AGREEMENT
party or their agents.
2. Each and every modification and amendment hereto shall be in writing, agreed to, and executed
by both parties.
Rotary Gardens/City of JanesvilleLease AgreementPage 5 of 5,Revised (date)
C.Notwithstanding anything else in this to the contrary, this
AGREEMENTAGREEMENT
may be terminated unilaterally at any time upon written notice by the or the
CITY LESSEE
at least one hundred twenty (120) days in advance.
16. INDEMNIFICATION
A.shall, at all times, and hereby does indemnify, save and hold harmless the and each
LESSEE CITY
and every of its elected officials, officers, employees, agents, representatives, agents, successors,
heirs, and assigns from and against any and all claims damages, liability, expenses, costs, judgments,
actions, demands and responsibility of whatsoever kind or nature arising from and/or pertaining to
the useofand shall further indemnify and hold the above
LESSEE'S ROTARY GARDENS
harmless from and against any and all claims damages, liability, expenses, costs, judgments, actions,
demands and responsibility of whatsoever kind or nature arising from and/or pertaining to any
negligence and other acts of , its agents, employees, officers, members, customers, invites,
LESSEE
contractors, subcontractors, successors, heirs, assigns, and all other persons; and against all costs,
attorney fees, expenses and liabilities incurred in the defense of such claim or any action proceeding
brought thereon.
B.The liability referred to herein includes, but is not limited to, statutory liability and liability under
Worker's Compensation Laws in connection with claims for damage as a result of injury or death of
any person, and property damage sustained by its agents and employees, officers,
LESSEE,
customers, members, invites, contractors, subcontractors, successors, heirs, assigns, and all other
persons.
Dated and revised in Janesville, Wisconsin, this _____ day of ________________ 2009
CITY OF JANESVILLE:ROTARY GARDENS, INC.
Eric LevittGary L. Smith, Chairman of the Board
City Manager
Jean A. WulfDick Peck, Secretary
City Clerk/Treasurer
Approved as to Form:
Waldemar Klimczyk
City Attorney
Rotary Gardens/City of JanesvilleLease AgreementPage 6 of 6,Revised (date)
CITY MANAGER’S OFFICE MEMORANDUM
October 1, 2009
TO: City Council
FROM:Eric Levitt, City Manager
SUBJECT: Authorization for the City Manager to Enter into a Memorandum of
Understanding (MOU) with Forward Janesville for the installation of a
Mural on the Franklin Street Side of City Hall
Request
Christine Moore, the Managing Director of the Janesville Design & Development Center
submitted a letter requesting permission to erect a mural depicting historic Janesville on
the backside of City Hall as a part of their public art campaign.
City Manager Recommendation
The City Manager recommends approval of the proposed MOU with Forward Janesville.
Suggested Motion
I move to authorize the City Manager to enter into the proposed MOU for Placement of
a Mural Display on City Hall with Forward Janesville.
Background
The Janesville Design & Development Center is finalizing their public art campaign to
erect three murals in Downtown Janesville. Christine Moore, the Managing Director of
rd
the Center has requested the 3 mural be placed on the outside of the City Hall
Building. The mural would be located on the backside of City Hall, the Franklin Street
side and would be erected either in late October or November, or in early spring
depending on when funding has been secured by the Center. Additionally the mural
would be visible at night by lights that would turn on automatically at dusk and turned off
by a timer at 2:00 am.
The size of the mural will be 25’ x 30’ and the artwork will be scanned, digitally edited
and printed on large sheets of UV-coated vinyl. The vinyl will be wrapped on an
aluminum frame and hung on the building surface. The artwork depicts the coming of
the railroads during the 1850s and honors the Tallman House and the visit of Abraham
Lincoln there in 1959.
Under the agreement the City would be responsible for lighting costs of the mural. The
Janesville Design & Development Center has secured an agreement from John
Westphal whom has agreed to donate the installation of the lighting at an estimated cost
of $2,500. The City would be responsible for the operational cost which has been
projected at an annual cost of $300. The cost could be reduced by 50% if the timer was
set to turn the lights off at 12:00 am instead of 2:00 am.
Attached is a digitally edited picture of what the mural will look like on City Hall as well
as a 2009 Heart of the City Outdoor Art Campaign fact sheet.
If you have any questions, feel free to contact me.
CC:
Eric Levitt, City Manager
Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services
2009 Heart of the City Outdoor Art Campaign
FACT SHEET
As of October 1, 2009
?
Sponsored by the Janesville Design & Development Center, a project of Forward Janesville, Inc.
?
Campaign created by Christine Moore, director of the Design Center, and Jeff Larson of the
Larson Group. The Larson Group created and managed the installation of the riverfront murals
in Beloit.
?
Three murals, each honoring a decade in the early life of Janesville. Subject matter based on the
“Wisconsin Hometown Stories: Janesville” program produced by the Wisconsin Historical
Society and Wisconsin Public Television in 2006
?
First mural references the city’s agricultural heritage. The artist is Ron Wick of Rockford. A
lease for this mural has been signed with Sara Investment Real Estate for display on the
northwest face of the building at 101 E. Milwaukee St.
?
Second mural references the Rock River. The artist is Larry Schultz of Milton. A lease for this
mural has been signed with Bliss Communications for display on the east face of the building at
1 S. Parker Drive.
?
Third mural references the coming of the railroads. The artist is Jim Richter of Janesville.
?
The artwork is scanned, digitally edited and printed on large sheets of UV-coated vinyl. The
vinyl is wrapped on an aluminum frame and the frame is hung on the building surface with
screws.
?
The murals are insured by Forward Janesville, Inc.
?
The building owners for Mural 1 and 2 have agreed to light the murals at their expense.
Westphal Electric has agreed to donate lighting installation for the third mural if the city agrees
to host the mural site.
?
Campaign endorsements: Janesville Art League, Rock County Historical Society, Janesville
Historic Commission, Forward Janesville, Inc., Thomas W. Walterman, Ph.D. , Maurice
Montgomery
?
Educational components are planned following the installations.
?
Cost of project approximately $57,000 including insurance. Approximately $34,000 raised to
date.
?
Target installation dates for third mural (provided funds are raised): Wednesday, October 28,
and Thursday, October 29, 2009. Alternative dates, Wednesday-Thursday, November 4-5, 2009.
If funds are not raised this fall, installation would be postponed until Spring 2010.
FINANCE ADMINISTRATION MEMORANDUM
October 6, 2009
TO: City Council
FROM: Jacob J. Winzenz, Dir. of Admin. Services/Assistant City Manager
SUBJECT: Action on a Proposed Resolution Authorizing the Issuance of $16,405,000 in
Promissory Notes for Financing Various Public Purposes (File Res. #2009-
641)
Summary
Attached is proposed Resolution #2009-641which authorizes the Administration to issue
promissory notes in the amount of $16,405,000. Of this amount, $8,965,000 is General
Fund debt and corresponds to the funding included in the 2009 Debt Fund – Major Capital
Projects budget. Wisconsin State Statutes govern the issuance of general obligation debt
and specifically identify those items for which debt may be incurred. We have structured
the resolution so that the individual projects would be grouped into those categories
specifically referenced by State Statutes. Please reference the attached Summary
Schedule (Exhibit I), which indicates in greater detail the individual projects referenced by
the resolution and compares the funding requested with the amount identified in the 2009
Capital Projects Budget. Also attached is a summary schedule of projects submitted for
inclusion in the proposed note issue but which are not recommended for funding at this
time (Exhibit II). Finally, a report is included which describes the scope of the individual
projects (Exhibit III).
City Manager’s Recommendation
The list of projects proposed for funding in this note issue has been revised to reflect the
projects added by the City Council at their study session.
Background
The base for the 2009 Note Issue was the Major Capital Projects budget included as part
of the City’s 2009 Annual Budget. The 2009 Major Capital Projects budget anticipated
total capital needs of $17,376,600. Of this amount, it was anticipated that General Fund
portion would be $6,436,600, or 37%.
Earlier this year division and department heads reviewed the proposed 2009 Major Capital
Projects budget and were asked to revise projects as appropriate. These revisions were
then incorporated and presented to the City Council at their retreat in June. At that time
the General Fund portion of the borrowing was estimated to be $8.3 million. This would
have increased the tax levy by approximately 2% and resulted in an annual tax increase of
approximately $27 per year.
The 2009 Capital Projects Budget contained twenty (20) projects for the 2009 note issue
that have not been included in the proposed note authorization resolution:
DESCRIPTION AMOUNT
Street Lights – New Street and Subdivisions $ 100,000
Major Arterials & Connecting Highways – River Street 20,000
Major Arterials & Connecting Highways – Ruger Bridge 20,000
Major Arterials & Connecting Highways – Milwaukee Roundabout 12,000
Major Arterials & Connecting Highways – Jackson Bridge 145,000
Major Arterials & Connecting Highways – Milwaukee Underpass 195,000
Storm Sewer Improvements – Drainage Repairs at CSC 20,000
Storm Sewer Improvements – Fremont & St. Lawrence Upgrade 170,000
Storm Sewer Improvements – Richardson St. Repair 35,000
Storm Sewer Improvements – Laramie Lane Repair 90,000
Skate Board Park 50,000
Bike Trail (Tripp Road to Eau Claire Road) 60,000
Aquatics Facility Improvements (year 3) 325,000
Transit Services Center Construction (year 3) 425,000
General Building Repairs – Hedberg Public Library 50,000
GIS Enhancements 100,000
Pole Camera for Storm Sewer Inspections 20,000
Landfill – Closure of Cell 1 700,000
Sewer Mains – Interceptor Extensions 570,000
Development Incentive – TIF #26 200,000
TOTAL $3,307,000
?
No additional funding for Street Light – New Street and Subdivisions is necessary at
this time as all proposed fixtures will be paid through special assessments.
?
Funding for design and engineering of River Street, Ruger Avenue Bridge, and
Milwaukee Roundabout will be included in the financing of the construction.
?
Jackson Street Bridge has not yet reached a sufficiency rating to be eligible for federal
financial assistance for replacement. This project has been deferred to 2010.
?
Additional funding for Milwaukee Pedestrian Underpass has been deferred pending an
J:\Agenda Review\Approved Agenda Items\2009\10-12-2009\Note Issue - Memo.doc
evaluation of other alternatives.
?
Storm Sewer Improvements at City Services Center, Fremont & St. Lawrence,
Richardson Street, and Laramie Lane have been deferred to 2010 due to unanticipated
projects with higher priority.
?
Funding for the Skate Board Park is deferred until 2010.
?
Funding for the Bike Trail extension from Tripp Road to Eau Claire Road is deferred
until 2010.
?
No additional Funding for Aquatics Facility Improvements is proposed at this time.
Previously borrowed funds will be used to renovate/maintain the existing aquatics
facilities ($482,000) with the remainder used on the Ice Skating Center ($648,000).
?
No additional funding for the Transit Services Center Construction is proposed at this
time pending additional Federal funding. A total of $575,000 of the estimated $975,000
local share has already been borrowed for this project.
?
The Hedberg Public Library has sufficient funding from prior note issues to complete
necessary repairs in 2009. Additional funding is not proposed at this time.
?
No additional funding for GIS enhancements is proposed at this time. It is anticipated
additional funding will be necessary in 2010.
?
Funding for a Pole Camera for Storm Sewer inspections is deferred indefinitely.
?
Landfill – Closure of Cell 1 has been delayed one (1) year due to lower than
anticipated trash volume, and higher than anticipated compaction due to the addition of
a second landfill compactor.
?
Sewer Mains – Interceptor Extensions has been delayed due to the downturn in
development.
?
Development Incentive – TIF #26 has been deferred until 2010.
Conversely, the 2009 Capital Projects Budget did not contain the following projects, which
have been included in the proposed note authorization resolution:
DESCRIPTION AMOUNT
Storm Sewer Improvements – Highridge Erosion $ 415,000
Storm Sewer Improvements – East Riverwall 50,000
Youth Sports Facility (East of Wuthering Hills) 500,000
Ice Arena 1,000,000
Tallman House Repairs 250,000
Fire Vehicles 230,000
Landfill – Horizontal Gas Collection 30,000
Landfill – Gas Collection System Upgrades 100,000
Water Mains – Main/Service Insulation 350,000
J:\Agenda Review\Approved Agenda Items\2009\10-12-2009\Note Issue - Memo.doc
DESCRIPTION AMOUNT
Sewer Mains – System Replacements 440,000
TIF – Development Incentive (TIF #24) 210,000
TIF – Development Incentive (TIF #34) 100,000
TOTAL $3,675,000
?
Storm Sewer Improvements – Highridge Erosion repairs significant erosion that has
occurred to the greenbelt leading from the Highridge subdivision to the Rock River.
?
Storm Sewer Improvements – East Riverwall repairs damage to the riverwall at 2
locations (near Centerway Dam and near Racine St. Bridge. This damage occurred as
a result of 2008 flood but was not eligible for FEMA reimbursement.
?
Youth Sports Facility – East of Wuthering Hills Drive. This is year 2 of a 2-year funding
commitment. His project was inadvertently omitted from the 2009 Capital Projects
Budget. In addition, $400,000 would be available from lot sales.
?
Ice Arena – funding for this construction of a new Ice Arena was added by the City
Council.
?
Tallman House Repairs provides initial funding to make necessary repairs to the
Tallman House. A architect has reviewed the condition of the facility and repairs are
estimated to cost in excess of $2,000,000
?
The Fire department is proposing to replace a model year 2000 ambulance ($200,000)
and the boat, motor and trailer used for water rescue ($30,000)
?
Horizontal gas collection at the landfill is required by the DNR.
?
Gas Collection System Upgrades are proposed at the landfill to mitigate a current odor
problem. Due to changes in landfill construction we are experiencing more odor isues
from this phase than in prior phases.
?
Water Mains – Main/Service Insulation proposes to insulated water mains and services
to prevent freezing which occurred in the winter of 2008 – 2009.
?
Sewer Mains – System Replacements replaces a failed interceptor along Riverview
Drive and a 12-inch main associated with the replacement of the Ruger Avenue bridge
?
TIF – Development Incentive (TIF #24) funds the development incentive previously
approved by the City Council for MGD Fund III and Forward Foundation ($210,000).
?
TIF – Development Incentive (TIF #34) funds the development incentive previously
approved by the City Council for HIS Aviation ($100,000).
Attached to this memorandum are three (3) exhibits. Exhibit I is a listing of all capital
projects in this proposed Note Issue. The projects highlighted in yellow are those projects
which the City Council previously committed to fund. The projects highlighted in green are
those projects added by the City Council at their study session. Exhibit II is a listing of
projects not recommended for funding at this time. Exhibit III is a narrative description of
all projects – both those recommended for funding and those not recommended.
State Statutes specifically identify the procedural process involved in issuing both general
J:\Agenda Review\Approved Agenda Items\2009\10-12-2009\Note Issue - Memo.doc
obligation bonds and notes. Unlike the process required for issuing bonds, which requires
separate actions to authorize and establish the bond details, promissory notes can be
approved in one comprehensive resolution. However, we recommend that the Council
follow the two-step process in authorizing and issuing the debt. Therefore, on Monday,
October 26, 2009, the Council will be requested to adopt the companion details resolution,
which will finalize the projects and their corresponding funding levels. The attached initial
resolution sets forth the maximum amount of notes that can be issued; whereas, the details
resolution will set the final amount of the notes authorized. Prior to the adoption of the
initial resolution projects and funding may be added or deleted. However, in the final
resolution they may only be deleted. The Administration will distribute detailed information
and graphics showing the fiscal impact of this note sale with the details resolution.
We have scheduled the note sale to take place on Monday, November 9, 2009. The bid
opening will be held at 1:00 P.M., and the Council will be requested to award the sale by
adopting the award resolution that evening, which will indicate the “best bidder.” We
anticipate receiving the note proceeds on November 24, 2009.
Analysis
The revised 2009 Note Issue is larger than those of prior years. The General Fund portion
of the proposed Note Issue is $8,965,000. Of this amount $5,285,000, or 59%, are for
projects which the City Council has already authorized and committed to fund. The single
largest of these projects is the Parker Drive Parking Structure at $2.9 million. This project
alone represents 32% of the proposed General Fund borrowing.
A General Fund borrowing of $8,965,000 will have average annual debt service of
$1,033,370 and will cost the owner of the average home assessed at $113,800
approximately $33.78 per year for ten (10) years. However, the impact on the 2010 tax
levy is less than that because some existing debt is being retired in 2009 and staff is
proposing the refunding of four (4) existing debt issues to reduce the interest rate and
extend the term. Based upon the proposed borrowing, debt service is estimated to
increase $225,772, or 4.27%, in 2010 which will increase the property tax levy by .92%. In
2010 the owner of the average home assessed at $113,800 will pay an additional $7.38 in
property taxes for debt service. For comparison purposes, if the proposed 2009 Note
Issue remained at $6,740,000 as initially proposed, debt service in 2010 would have
decreased by approximately $86,000.
Attachments
J:\Agenda Review\Approved Agenda Items\2009\10-12-2009\Note Issue - Memo.doc
RESOLUTION NUMBER 2009-641
RESOLUTION AUTHORIZING THE ISSUANCE OF
$16,405,000 IN PROMISSORY NOTES
FOR FINANCING VARIOUS PUBLIC PURPOSES
WHEREAS, Section 67.12(12) Wis. Stats., authorizing any Wisconsin municipality to
issue promissory notes as evidence of indebtedness for any public purpose as defined in
Section 67.04(1)(b), Wis. Stats., and for general and current municipal expenses, including
interest thereon; and
WHEREAS, pursuant to Section 67.04(4), Wis. Stats., the legislature finds that
contracting of debt under Chapter 67, Wis. Stats., for any project constitutes a public purpose;
and
WHEREAS, the following public projects and purposes fall under the scope of Section
67.04(1)(b) and 67.12(12), Wis. Stats.:
$1,965,000 to construct and improve streets;
$1,195,000 to construct and improve storm sewers;
$1,465,000 to acquire, improve and maintain parks and public grounds;
$5,550,000 to acquire, improve and maintain public buildings and grounds;
$1,245,000 to acquire capital equipment;
$1,750,000 to construct and close landfills;
$1,995,000 to extend and improve the waterworks system;
$615,000 to extend and improve the sanitary sewer system; and
$625,000 to provide financial assistance for community development; and
WHEREAS, such above proposed public projects and purposes and the issuance of
such promissory notes will be beneficial to the City and in the best interest of the community;
NOW, THEREFORE, Be It Resolved by the City Council for the City of Janesville that:
1. The City of Janesville may, pursuant to Section 67.12(12) Wis. Stats., have up to
sixteen million four hundred five thousand dollars ($16,405,000) in municipal promissory notes
to finance various public projects and purposes as follows:
$1,965,000 to construct and improve streets;
$1,195,000 to construct and improve storm sewers;
4832-4868-4292.1
$1,465,000 to acquire, improve and maintain parks and public grounds;
$5,550,000 to acquire, improve and maintain public buildings and grounds;
$1,245,000 to acquire capital equipment;
$1,750,000 to construct and close landfills;
$1,995,000 to extend and improve the waterworks system;
$615,000 to extend and improve the sanitary sewer system; and
$625,000 to provide financial assistance for community development.
2. Each promissory note so issued, plus interest, shall be repaid within ten (10)
years after the original date of the note, pursuant to Section 67.12(12) Wis. Stats.
3. Each such promissory note issued shall constitute an indebtedness of the City of
Janesville.
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: City Administration
Prepared by: Administrative Services
2
4832-4868-4292.1
Exhibit III
2009 NOTE ISSUE
PROJECT DESCRIPTIONS
Construct and Improve Streets - $1,965,000
?
Infrastructure Maintenance and Extension - $1,965,000
This program totals $1,965,000 and has projects that fall into four (4) primary categories:
Street Extensions - $275,000
o
This program totals $275,000 and represents actual bid prices for streets to be constructed
in 2009 in new developments for the Spring Public Works Program. Funding for these
improvements is provided through Special Assessments.
Sidewalks (Repair and Replacement) - $280,000
o
This program totals $415,000 for the installation of new sidewalk; and the repair and
replacement of deteriorated sidewalk and/or sidewalk with other safety deficiencies. Of
the $415,000 required for this program, $85,000 will be assessed to abutting property
owners and the remaining portion ($330,000) will be paid by the General Fund. General
Fund costs include expenses such as curb ramp replacements, sidewalks crossing city
owned property (greenbelts, parks, etc.) and other miscellaneous costs typically paid by
the city at large. No additional funding for the assessable portion of this program is
necessary as sufficient funds remain from prior years borrowings. A portion of the
General Fund costs ($330,000) is available from prior years borrowings ($50,000)
leaving $280,000 in General Fund costs to be included in the proposed 2009 Note Issue.
Curb and Gutter (Replacement & Reconstruction) - $610,000
This program includes $610,000 for curb and gutter replacement approved in the 2009
Spring Public Works Program. Approximately $235,000 of the curb and gutter
replacement cost for 2009 will be assessed to the abutting property owners. The
remaining $375,000 will be provided by the General Fund.
Street Maintenance and Improvements - $800,000
o
The 2009 Budget proposed a $650,000 borrowing to continue the current level of street
maintenance given the levy limits. In addition, the City incurred consultant and staff
costs in preparing plans to qualify additional resurfacing projects for “stimulus” funding.
These design costs total $150,000. This upfront expenditure of funds allowed the City to
receive approximately $2.6 million in stimulus funding.
\\petey\COJHome\Agenda Review\Approved Agenda Items\2009\10-12-2009\Note Issue - Exhibit III.doc jjw 10/07/2009
2009 Note Issue Page 2 of 16
Project Descriptions
Construct and Improve Storm Sewers - $1,195,000
?
System Improvements – $945,000
Four (4) projects are proposed in this category:
2008 Flood Repairs - $180,000
o
Damage repair from the 2008 flood totaled over $3.24 million. Of this amount FEMA
assistance totals approximately $2.13 million. An additional $604,000 was received in
CDBG emergency assistance decreasing the local share to approximately $512,000. A
portion of the City costs ($180,000) are related to repairs to the storm sewer system and
included in this note issue.
Highridge Erosion - $415,000
o
Drainage from the Highridge subdivision to the Rock River has created significant
erosion to the hillside. Improvements are necessary to repair the deep gulleys and to
prevent further erosion and deterioration. Heavy rip-rap and gabion baskets will be
installed as part of this project.
East Riverwall Repairs - $50,000
o
Two (2) failures occurred in the riverwall in the east-side of the Rock River between the
Centerway Dam and Racine Street. The first failure occurred just south of Centerway
when a sinkhole developed near the walkway. The riverwall was undermined forming
the sinkhole. The second failure occurred just north of the Racine Street Bridge. An old
section of limestone block collapsed. Both of these failures have been repaired and the
actual costs is $50,000
Manhole Rehabilitation/Replacement - $300,000
o
This program began in 2008 to repair or replace storm sewer manholes on streets being
resurfaced or reconstructed. This will prevent the need to tear-up a new street surface if
the manhole fails after the street has been resurfaced. Some manholes only need repairs
to the upper portion and other manholes that need total replacement.
?
System Expansion - $250,000
One (1) project is proposed in this category:
Drainage structures - $250,000
o
Funding is provided to extend install storm sewer and install related drainage structures
in new developments. Total cost - $250,000; Assessable portion - $250,000.
2009 Note Issue Page 3 of 16
Project Descriptions
Acquire, Improve & Maintain Parks and Public Grounds - $1,465,000
?
Renovate Playgrounds/Maintain Equipment - $35,000
In 1996, the City began a program to renovate/replace playground equipment in neighborhood
parks. To date, renovations have been completed at 30 neighborhood parks at a cost of
approximately $35,000 for each neighborhood park. The renovation/replacement of playground
equipment will continue in 2009, with improvements proposed for Harmony Grove Park
($35,000).
?
2008 Flood Repairs – $332,000
Damage repair from the 2008 flood totaled over $3.24 million. Of this amount FEMA assistance
totals approximately $2.13 million. An additional $604,000 was received in CDBG emergency
assistance decreasing the local share to approximately $512,000. Funding in the amount of
$332,000 is required and includes repairs to streets, traffic signals, parks, sidewalks, trails,
elevators and other publicly owned property, and anticipated funding for the purchase of
property as part of the Hazard Mitigation Program.
?
Property Acquisitions - $98,000
In 2009 the property at 337 N. Franklin Street was acquired and demolished. This was
completed as part of implementing the Downtown Plan by acquiring blighted properties in the
downtown area as they become available. The acquisition and demolition costs are proposed for
funding in this Note Issue.
?
Property Acquisitions (downtown & neighborhood) - $500,000
Major planning efforts were completed in 2008 and 2009 which recommended that the City
become more active in the acquisition of vacant and/or blighted properties in the older residential
neighborhoods and downtown. Available Community Development Block Grant funds are not
sufficient for this effort. Initial funding in the amount of $500,000 is proposed to create a pool
of funds for such property acquisitions.
?
Youth Sports Facility - $500,000
A partnership was approved with Janesville Youth Baseball (JYB) to develop additional softball
and baseball fields at the Youth Sports Facility East of Wuthering Hills Drive. Total City costs
for this project are estimated to be between $1.3 and $1.4 million and will include infrastructure
improvements such as rough grading of the fields, utilities, roads, parking lots, safety lighting,
and restrooms. Janesville Youth Baseball would be responsible for improvements totaling
approximately $2.5 million including fine grading of the fields, fencing, dugouts, field lighting,
scoreboards, and seeding. A total of eight (8) new fields are proposed. The 2008 Note Issue
included $500,000 for this project. An additional $500,000 is proposed as part of the 2009 Note
Issue. The remaining funding $300,000 - $400,000 will be provided from the sale of the City
lots on Ruger Avenue.
2009 Note Issue Page 4 of 16
Project Descriptions
Acquire, Improve & Maintain Public Buildings and Grounds - $5,550,000
?
Building Maintenance - $250,000
Each year, funds are required for minor building maintenance projects at City facilities. In 2009,
improvements totaling $250,000 are proposed for several public buildings. The locations may
include the Municipal Building, various park and recreational facilities, and fire stations.
?
Ice Arena – 1,150,000
Repairs are either necessary at the existing Ice Arena including or a new facility should be
constructed. Repairs to the existing facility are estimated to cost $1.2 to $1.3 million. A public-
private partnership is being discussed for the construction of a new facility, with the City’s
portion being approximately $2.0 to $2.5 million. Approximately $648,000 is available from
funds previously borrowed for the aquatics facility and could be made available for this purpose.
?
Downtown Parking Structure - $2,900,000
The construction of a parking structure is planned for the downtown on the site of the former
parking garage on the corner of Parker Drive and Wall Street. The structure will be four (4)
levels and accommodate approximately 235 vehicles. Total project cost is estimated to be $2.2
million. Initial funding in the amount of $1,250,000 was provided in the 2008 Note Issue. The
remainder of the funding ($2.9 million) is included in the proposed 2009 Note Issue.
?
Wastewater Treatment Plant Expansion/Renovation – $27,300,000 Clean Water Fund Loan
The City Council previously reviewed a proposed project to renovate and expand the current
wastewater treatment facility. The total cost of this project is estimated to be $32.1 million.
Funding for this project includes $100,000 from the 2006 Note Issue, $2.0 million from the 2007
Note Issue, $2.7 million from the Wastewater Replacement Fund, and $27.3 million from a
Clean Water Fund loan.
?
Tallman House - $250,000
In 2009 an architectural firm was retained to complete a property conditions report on the
Tallman House. This report indicates that repairs in excess of $2,000,000 are necessary and the
facility. The 2009 Note Issue includes $250,000 to begin the funding of these repairs.
?
Central Fire Station and Administration - $1,000,000
The central fire station and administrative offices (Fire Station #1) was constructed in 1957 and
no longer meets the space or operational needs of the Fire Department. Initial funding for design
and site acquisition was provided in 2006 ($150,000) and 2007 ($350,000). Funding for
construction will be phased over several years with the initial $500,000 provided in 2008. The
estimated construction cost is $6,500,000 to $7,000,000.
2009 Note Issue Page 5 of 16
Project Descriptions
Acquire Capital Equipment - $1,245,000
?
Technology Enhancements - $200,000
The City will continue implementation of the Information Technology Strategic Plan. This plan
addresses improving the efficiency of City services and providing citizen satisfaction through the
use of information technology. In 2009, funds are requested from the General Fund ($100,000),
Water Utility ($50,000) and Wastewater Utility ($50,000) to obtain consulting services and
purchase hardware and software for the implementation of specific citywide information
technology priority projects, as determined by the City Manager.
?
Enterprise Resource Planning (ERP) - $400,000
The City is in the process of implementing an Enterprise Resource Planning (ERP) project which
will replace disparate computer applications and integrate them into a single solution reducing
redundant data entry and facilitating the sharing and tracking of information. Phase I of this
project included the replacement of our Land Management/Computer-aided Mass Appraisal
Software and was funded in the 2006 note issue ($350,000). This phase is nearing completion.
Phase II of this project was funded in 2008 and included the replacement of code enforcement,
building permits and inspections, complaint tracking, and planning software ($350,000). This
phase has “gone live”. Funding in the amount of $400,000 for Phase III is proposed for 2009.
This phase will include the replacement of our utility billing, special assessments, licensing,
miscellaneous billing, and tax billing software. This represents the third phase of a four (4)
phase project.
?
Hedberg Public Library Technology Enhancements - $350,000
Radio Frequency Identification provides for "sightless" or no line sight identification of items. It
includes the ability to facilitate circulation, re-shelving and theft detection. In recent years,
circulation and materials management have grown; at the same time library staffing has
remained constant or is being reduced. The use of RFID reduces the amount of time required to
check-out and check-in materials, allows for improved inventory of materials and provides for
better security of materials, especially audiovisual materials. Initial funding in the amount of
$75,000 was provided in 2008 with the remainder of the funding ($350,000) proposed for 2009.
?
Transit Capital Projects – Ne New Funding Needed
Funding is included for several small Transit capital projects ($21,600) including high-cost
capital repair parts (rebuilt engines and transmissions for buses) ($8,000), 10 year scheduled
refurbishment of the Transfer Center ($10,000), replace shop equipment ($2,000), and three
computer replacements ($1,600). Transit projects are funded 80% from the Federal Transit Act
and these costs represent the projects local share (20%). Funding is available from prior note
issues so no additional borrowing is necessary at this time.
2009 Note Issue Page 6 of 16
Project Descriptions
?
Public Safety Equipment - $65,000
Public Safety Equipment for 2009 ($80,000) includes funding to replace mobile data radios in
the police vehicles. The current mobile data radios were purchased in 2001 and have reached the
end of their useful life. In addition, Rock County Communications Center and the 9-1-1
Commission are requiring that all mobile data radios be upgraded to a faster version by January
31, 2010. Of the 25 vehicles currently in the fleet, mobile data radios in six (6) vehicles have
already been upgraded so this proposal upgrades the mobile data radios in the remaining nineteen
(19) vehicles. A portion of these costs ($15,000) are offset by previously borrowed, but
unexpended, funds.
?
Fire Vehicles – $230,000
Funding in the amount of $230,000 is proposed to replace two pieces of fire apparatus.
Scheduled for replacement is a model year 2000 ambulance ($200,000); and the boat, motor and
trailer used for water rescue ($32,000). The current boat used for water rescue is inadequate as it
can become unstable when loaded with a patient.
Construct and Maintain Solid Waste Disposal Facilities - $1,750,000
?
New Landfill – Phase 2 Construction - $270,000
The construction of Cell 2 at the Landfill began 2007 and is now complete with a total project
cost of $1,214,000. Initial funding ($300,000) was provided in 2007 with an additional $300,000
provided in 2008. A portion of the project costs were offset with funding available from prior
years notes for closure of phase 5 and the purchase of a second landfill compactor. The
remainder of the project costs will be provided in 2009 ($270,000).
?
New Landfill – Phase 3 Construction and Leachate Upgrades - $1,180,000
The construction of Phase 3 at the landfill is scheduled for 2009 at a cost of $1,180,000. This is
the third of five total cells designed for the current facility. Construction also includes leachate
pumping system upgrades in Phases 1 and 2
?
Horizontal Gas Collection System - $30,000
A temporary horizontal gas collection system is required by the DNR as a condition of approval
for the operating Sanitary Landfill. The temporary system will allow the City to place the
permanent gas collection header pipe system above the plastic membrane at final closure. This
will significantly reduce long-term maintenance costs related to the permanent system. Initial
funding ($60,000) was provided in 2007 with additional funding ($30,000) provided in 2008.
Funding proposed in 2009 ($30,000) will be used to extend the system.
?
Gas Collection System Upgrades - $130,000
Odor migration from the operating landfill, particularly Cell 1, has become an increasing
problem. In order to minimize the migration, a gas collection system must be installed prior to
2009 Note Issue Page 7 of 16
Project Descriptions
closure of Cell 1 which is now planned for 2011. A portion of this system will become part of
the permanent gas collection system that will be installed with closure of Cell 1.
?
Landfill Scale/Scalehouse Replacement - $140,000
The landfill scale and scalehouse are scheduled for replacement and renovation. Funding in the
amount of $140,000 is proposed. The scale has served its useful life (24 years) and has reached
the point where repairs are not possible. The scalehouse was constructed in 1985 and is in need
of complete interior and exterior renovation. The cost to replace the scalehouse will be
compared to the cost of renovation and the most cost-effective alternative will be implemented.
Construct and Extend Water Mains - $1,995,000
?
System Improvements - $1,688,000
This program totals $1,688,000 and has projects that fall into four (4) primary categories:
Undersize Main Replacement - $378,000
o
Undersize main replacements totaling $582,000 are proposed for 2009. This program is
needed to replace undersized water (replace 1-1/2 inch and 4-inch mains with 6 inch
mains) in the distribution system to meet the WDNR code. There are approximately 12
miles of undersized main in the system. Replacement is done in coordination with street
restoration projects. A portion of the required funding ($582,000) is available from prior
years note issues ($204,000) decreasing the total request for this Note Issue to $378,000.
Funds requested will replace about 3,500 feet of main.
Lead Service Replacement - $350,000
o
In 2005, the Water Utility implemented a lead services replacement program within the
City. This program is similar to the iron service replacement activities the City has
historically undertaken. The actual cost of this program will vary from year to year based
upon the number of lead services under streets that are being reconstructed in any given
year. Currently, there are about 2,400 lead services in the City.
Main Reinforcement - $610,000
o
The Main Reinforcement program totals $670,000 and addresses identified weaknesses in
the existing water distribution system by adding transmission mains or upgrading
distribution mains to transmission mains. In 2009, funding is proposed to complete the
3,300 feet of 12” transmission main constructed on S. Oakhill Avenue started in 2008
($87,000), construction of 2,750 feet of 16 inch main on Town Hall Road ($300,000),
replacement of 2,200 feet of 6 inch main on Chickasaw Drive ($140,000), and
replacement of the 12-inch main associated with the Ruger Ave bridge replacement
($150,000). A portion of the cost of this program is available from prior years
borrowings ($67,000) reducing the total proposed for this note issue to $610,000.
Main/Service Insulation - $350,000
o
2009 Note Issue Page 8 of 16
Project Descriptions
The Loch Lomond Subdivision has several blocks of shallow water main and associated
water services. During the winter of 2008 – 2009 several areas of the community
experienced issues with freezing water mains and services causing the affected property
owners to be without water while the Water Utility made the necessary repairs. This
project insulates those mains and services to prevent freezing in the future. These mains
were installed in the late 1990’s, but this part of the subdivision was not occupied at that
time so the need to insulate them did not become apparent until recently. Over the past
two winters, a number of water services and a water main have frozen.
?
System Expansion – No Additional Funding Needed
Main Extensions – No Additional Funding Needed
o
This program includes the construction of water mains within individual subdivisions and
is expected to total about $250,000 in 2009. Approximately $235,000 will be assessed to
developers with the remainder of the cost ($15,000) being paid by the Water Utility. The
total borrowing is reduced by $250,000 due to carryover funds from the 2008 Note Issue.
Water Laterals – No Additional Funding Needed
o
Laterals provide water service from the water main to the curb stop. Most laterals are
installed to support new residential development. The cost of installing the laterals is
paid through special assessments ($50,000). The total borrowing is reduced by $50,000
due to carryover funds from the 2008 Note Issue.
Transmission Mains – No Additional Funding Needed
o
Transmission mains carry water from the pumping stations and the reservoir to the
distribution systems. In order to provide sufficient water flow to developing areas, new
transmission mains must periodically be constructed. The 2009 budget proposes the
construction of 2,300 feet of 16” main at the Austin Farm Subdivision ($215,000).
Approximately $170,000 of the requested funds will be paid by the Utility with the
remainder ($45,000) assessed to developers. The total borrowing is reduced by $215,000
due to carryover funds from the 2008 Note Issue.
?
North Zone reservoir Repair - $150,000
The Wisconsin Department of Natural Resources requires that the City’s water storage reservoirs
be inspected every 5 years and that our elevated storage reservoirs are inspected every 10 years.
The ground storage reservoirs at pumping stations 10 and 12 are due for inspection in 2009.
Additionally, there appears to be a leak in the side of the north zone reservoir. Funds are
requested for inspection of the three reservoirs and repair of the north zone reservoir ($150,000).
?
Manhole and Valve Replacement - $157,000
The valve and manhole repair and replacement program totals $165,000 and repairs or replaces
deteriorated water valves and/or water manholes that are contributing to street surface settlement
and deterioration. These manholes and valves are replaces in advance of the City’s street
2009 Note Issue Page 9 of 16
Project Descriptions
restoration program. The total borrowing is reduced by $8,000 due to carryover funds from the
2008 Note Issue.
Construct and Extend Sewer Mains - $615,000
?
System Improvements - $175,000
This program totals $175,000 and has projects that fall into two (2) primary categories:
Main Repair/Replacement - $50,000
o
Janesville has approximately 140 miles of clay pipe in the sanitary sewer collection
system that ranges in age from 40 to 100 years. Most of the clay pipe is structurally
sound, but suffers from root intrusion and infiltration of groundwater. The 2009 Note
Issue proposes $750,000 of funding, which will reline about 3 – 3-1/2 miles of sanitary
sewer main. This is the ninth year of a multi-year program, which reduces the potential
for clogged sewers resulting from root growth and also ensures the continued structural
integrity of the clay sewers. The total borrowing is reduced by $700,000 due to carryover
funds from prior years Note Issues.
Inflow/Infiltration Reduction - $125,000
o
This is an ongoing multi-year program to prevent water inflow and infiltration into the
sanitary sewer. It requires about $125,000 annually. This program repairs manholes
located in greenbelts and roadside ditches and relines/replaces portions of sewer laterals
in the public right-of-way near the sanitary sewer they discharge to. Water is kept out of
the manholes by installing rubber seals around the manhole between the casting and cone
section and water tight covers where needed. The sewer laterals are relined from the
inside in much the same way as the sewer mains are presently relined. This program has
focused primarily on sanitary sewer manholes in the past, but its focus has now shifted to
sewer laterals. .
?
System Expansion – No Additional Funding Needed
Sewer Extensions – No Additional Funding Needed
o
This program includes the construction of water mains within individual subdivisions and
is expected to total about $250,000 in 2009. Approximately $235,000 will be assessed to
developers with the remainder of the cost ($15,000) being paid by the Wastewater Utility.
The total borrowing is reduced by the entire $250,000 due to carryover funds from the
2008 Note Issue.
Sewer Laterals – No Additional Funding Needed
o
Laterals provide sewer service from the sewer main to the curb for individual properties.
Most laterals are installed to support new residential development. The cost of installing
the laterals is paid through special assessments, but the total borrowing for Special
2009 Note Issue Page 10 of 16
Project Descriptions
Assessments is reduced by the entire $50,000 due to carryover funds from the 2008 Note
Issue.
?
System Replacements - $440,000
This program addresses identified weaknesses in the existing sanitary sewer collection system by
adding interceptor sewers or upgrading sewer mains to interceptor sewers. 2009 includes
$290,000 to replace the failed interceptor along the Rock River near Riverview Drive and
$150,000 to replace the 12-inch main associated with the Ruger Ave bridge replacement.
Provide Financial Assistance for Community Redevelopment - $1,485,000
?
Development Incentive (TIF 23) - $860,000
Funding is proposed for a TIF development loan in TIF #23 (Downtown - East) previously
authorized by the City Council. A development agreement with 101 Milwaukee St. LLC
provides a development loan in support of a $3.4 million renovation of a downtown office
building in TIF No. 23 ($860,000). Due to limitations on the amount of private purpose debt,
funding for this project cannot be included in the proposed Note Issue. Staff intends to apply for
a loan from the State Trust Fund to finance this project.
?
Development Incentive (TIF 24) - $210,000
Funding is proposed in the 2009 Note Issue for a TIF development loan in TIF #24 (Downtown -
West) previously authorized by the City Council. A development agreement with MGD Fund III
and Forward Foundation resulted in the renovation of an historic downtown structure and the
construction of a 7,000 SF historically sensitive addition as part of a revitalization project in TIF
No. 24 ($210,000).
?
Development Incentive (TIF 27) - $315,000
Funding is proposed in the 2009 Note Issue for a TIF development loan in TIF #27 (Downtown -
East) previously authorized by the City Council. A development agreement with Assembly and
Test Worldwide provides financing for equipment purchases and employee training for a new
manufacturing equipment design center in TIF No. 27. The project results in the creation of 21
full-time jobs ($315,000).
?
Development Incentive (TIF 34) - $100,000
Funding is proposed in the 2009 Note Issue for a TIF development loan in TIF #34 (Airport)
previously authorized by the City Council. A development agreement with HSI Aviation
Holding LLC provides financing for a 20,000 SF helicopter service hangar and the creation of 12
new jobs in TIF No. 34 ($100,000).
2009 Note Issue Page 11 of 16
Project Descriptions
2009 NOTE ISSUE
PROJECTS NOT INCLUDED
Construct and Improve Streets - $406,000
?
Infrastructure Maintenance and Extensions - $15,000
Street Lights – New Streets and Subdivisions - $15,000
o
New Streets and Subdivisions primarily supports new residential development and
provides for the installation of street lighting along newly constructed streets ($15,000).
All of these costs are assessed to abutting property owners and are paid at the time of
land division. No need to borrow funds.
?
Major Arterials and Connecting Highways - $391,000
River Street Reconstruction (Eng.) - $20,000
o
The reconstruction of River Street from Court Street to Racine Street is scheduled for
2011. Design and engineering was to occur in 2009 with right-of-way acquisition
scheduled for 2010. Funding of design will occur with the borrowing for construction.
Ruger Avenue Bridge (Eng.) - $19,000
o
The Ruger Avenue Bridge sufficiency rating is at a level that requires improvement.
Funding in the amount of $19,000 provides for the local match to a federal grant for the
project. Design will be accomplished in 2009 with construction planned in 2010.
Funding for design will be included in the borrowing for construction.
Milwaukee/Wuthering Hills Roundabout (Eng.) - $12,000
o
An underpass for the recreational trail where it crosses E. Milwaukee Street is proposed
to address public safety concerns. The 2006 Note Issue included $160,000 for this
project. A state grant in the amount of $235,000 has also been awarded for this project.
Funding in the amount of $195,000 is proposed in 2009 bringing total funding available
for this project to $590,000. Funding for design will be included in the borrowing for
construction.
S. Jackson Street Bridge Replacement (Eng.) – 145,000
o
The sufficiency rating for the Jackson Street Bridge is still not low enough to qualify for
federal funding. Any work the City performed at this time would be at local expense.
The total estimated cost to replace this structure is nearly $7.0 million and requires a 20%
local match of approximately $1.4 million.
2009 Note Issue Page 12 of 16
Project Descriptions
E. Milwaukee Street Pedestrian Underpass - $195,000
o
An underpass for the recreational trail where it crosses E. Milwaukee Street is proposed
to address public safety concerns. The 2006 Note Issue included $160,000 for this
project. A state grant in the amount of $235,000 has also been awarded for this project.
Funding in the amount of $195,000 is proposed in 2009 bringing total funding available
for this project to $590,000. The City manager believes other less expensive alternatives
should be evaluated.
Construct and Improve Storm Sewers - $515,000
?
System Improvements
Surface Drainage Repairs – CSC - $20,000
o
City Services Center Surface Drainage Repairs in the amount of $20,000 is included to
construct a retention pond on City Services Center property to control the release of
storm water to the mined area east of the site. An existing discharge is severely eroding
the mined embankment and needs improvements
Fremont and St. Lawrence Upgrade - $170,000
o
Upgrades to Freement St. and St. Lawrence Ave.include ($170,000) to replace 1,700 feet
of 12” and 15” pipe on Fremont St. from Oakland Ave. to St. Lawrence Ave. and on St.
Lawrence Ave. from Fremont St. to Randall Ave. The existing system results in frequent
flooding and the pipe is in poor condition. Work will include upsizing pipes to better
manage stormwater.
Richardson Street Repair - $35,000
o
Repairs to Richardson St. include replacing 300 feet of 12” pipe on Richardson Benton
to Sherman. The existing pipe is plugged with excessive roots beyond capabilities of
maintenance equipment. The pipe will be removed and replaced.
Laramie Lane Repair - $90,000
o
The Laramie Lane repair project will replace 900 feet of existing under-sized pipe with
new materials 12” to 18” in size to eliminate flooding problems that have caused erosion
on private property. This work is in the 1000 block of Laramie Lane.
Arbor Ridge Outfalls - $150,000
o
During the rains associated with the 2008 flood event runoff from an adjacent farm field
damaged the storm sewer outfalls in the Arbor Ridge subdivision. Repairs in the amount
of $150,000 are necessary.
2009 Note Issue Page 13 of 16
Project Descriptions
Palmer Drive - $25,000
o
New grates on the upper road are proposed for replacement to prevent reoccurring issues
related to storm drainage.
Pineview - $25,000
o
A storm sewer along Pineview was installed in the incorrect location and is located on
private property rather than in the utility easement. This project relocates that storm
sewer into the easement.
Acquire, Improve & Maintain Parks and Public Grounds - $1,450,000
?
Renovate Playgrounds/Maintain Equipment - $35,000
In 1996, the City began a program to renovate/replace playground equipment in neighborhood
parks. To date, renovations have been completed at 30 neighborhood parks at a cost of
approximately $35,000 for each neighborhood park. For the last several years one (1) park has
been renovated each year which is what is still included in the proposed Note Issue. This would
have allowed the renovation of a second park (Pershing Park).
?
Skate Board Park - $50,000
A Skate park Citizens Committee was organized in 2003. The committee is currently fund
raising and is considerably short of their goal of $250,000. This financial contribution of
$50,000 to the Skate Park will assist the committee in reaching their goal and building this
recreational facility for the youth of Janesville.
?
Bike Trail (Tripp Road to Eau Claire Road) - $515,000
A multi-governmental effort is underway to extend the bike trail from Janesville to Beloit. This
funding will permit the acquisition of abandoned railroad right-of-way south of Tripp Road
where the trail currently terminates. These funds will also allow for the installation of a paved
trail surface. This acquisition of abandoned railroad grade will extend City ownership of the trail
to a point that is contiguous with railroad right-of-way owned by the Hendricks Group. This will
effectively extend the Peace Trail from Tripp Road to Eau Claire Road.
?
Aquatics facility Improvements (year 3) - $325,000
In 2006, initial funding ($255,000) was included for aquatics facilities design and improvements.
An 18-member citizen committee, with the assistance of a consultant, reviewed current aquatic
facilities and planned for future aquatic facilities in Janesville, including the location and type of
facilities given the growth and demographics of Janesville. It was anticipated the aquatic
projects will cost a maximum of $5,000,000 with initial funding ($1,255,000) being provided in
2006 and 2007 and additional funding proposed for 2009 ($325,000). This project has been put
on hold and no new funding is proposed. Previously borrowed funds will be used to make
necessary repairs and renovations to the existing facilities ($482,000) and the remainder will be
re-programmed for another purpose ($648,000)
2009 Note Issue Page 14 of 16
Project Descriptions
?
Parking Lot Construction - $75,000
In 2008 a blighted multi-family structure at the corner of Court Street and Parker Drive was
purchased and demolished. The site is currently vacant. The construction of a surface level
parking lot containing 14 stalls is proposed on this site. This parking lot will be connected to the
existing public parking lat immediately to the north.
?
Wastewater Treatment Plant Land Acquisition - $200,000
Funding was proposed to acquire land around the Wastewater Treatment Plant to be held by the
City ($200,000). The land obtained under this program would not be available for residential or
commercial development. Its primary purpose will be to act as a buffer between nearby
residential properties and the treatment plant.
Acquire, Improve & Maintain Public Buildings and Grounds - $815,000
?
Transit Services Center - $425,000
A new Transit Administration and Maintenance Building is proposed to replace the existing
facility located on North Parker Drive. The existing facility was constructed in 1961 as a public
works garage and became the Transit Maintenance Facility in the mid-1960s. An addition was
constructed in 1979 to provide a dedicated area for vehicle maintenance. A new facility is
estimated to cost $6,000,000, with 80% ($4,800,000) funded by the Federal Transit Act and the
remainder ($1,200,000) provided by the City of Janesville. In 2006 and 2007, $100,000 and
$475,000 respectively were provided as the 20% local match for land acquisition and a portion of
the construction costs. In 2009 $425,000 in local funds is proposed for the construction costs.
The remaining portion of the 20% local match will be provided in future years. Federal Funding
in the amount of $2,135,000 has been obligated to this project, including $1.4 million in stimulus
monies. Federal discretionary capital funding in the amount of $1.5 million is anticipated in
each of Federal Fiscal years 2009 and 2010. Additional funding is not necessary in 2009 but will
be proposed in 2010.
?
Building Maintenance - $250,000
Funding in the amount of $500,000 was requested for maintenance projects in municipal
buildings and facilities.
?
Tallman House Repairs - $515,000
Immediate needs identified in the building needs analysis total $765,000. Funding in the amount
of $250,000 is recommended, leaving a gap of $515,000.
?
Hedberg Public Library Building Maintenance- $50,000
The Hedberg Public Library was constructed in 1996 so the building is now eleven years old.
This project proposes funding for ongoing general building maintenance needs ($50,000).
Funding is available from prior note issues for this purpose.
2009 Note Issue Page 15 of 16
Project Descriptions
Acquire Capital Equipment - $195,000
?
GIS Enhancements - $100,000
Implementing the GIS is an ongoing process. In 2009 funds are requested to: 1) provide
software and the appropriate licensing to allow GIS utilization outside of Municipal Building
(i.e. water, operations); 2) provide quality control activities to assure accurate system mapping;
3) develop software for recording new construction and maintenance activities; and 4) other GIS
development activities. Funds are requested from the General Fund ($25,000), Water Utility
($25,000), Wastewater Utility ($25,000) and Stormwater Utility ($25,000).
?
Pole Camera for Storm Sewer Inspections - $20,000
A pole camera is proposed to facilitate the inspection of storm sewer structures and shorter
sections of piping. It will allow Engineering staff to perform inspections during in-field
investigations, improving overall efficiency of inspections.
?
Roll-Off Containers - $30,000
Funding is requested to replace four (4) roll-off containers at the landfill.
?
Leisure Services Small Capital Fund - $30,000
Funding is requested for small capital items in the Leisure Services department.
?
Multimedia Equipment (Program/Training/Meeting Rooms) - $15,000
Funding is requested to equip the Program/Training/meeting rooms with multimedia equipment.
Construct and Close Landfills - $700,000
?
Closure of Cell 1 - $700,000
Closure of a portion of Phase 1 of the operating landfill was anticipated take place in 2009.
The cost of this project is $700,000 which includes installation of a combination
clay/synthetic cap and installation of a landfill gas collection system for Phase 1. This
project has been deferred until 2011.
Construct and Extend Water Mains - $300,000
?
System Improvements - $700,000
East Side Water Tower (land acquisition) - $700,000
o
Elevated water storage is necessary on the east-side of Janesville to meet current and
future water demand. The construction of a water tower was proposed to meet these
2009 Note Issue Page 16 of 16
Project Descriptions
needs and funding was requested for land acquisition. This project has been deferred
indefinitely.
Construct and Extend Sewer Mains - $570,000
?
System Expansion - $570,000
Interceptor Extensions - $570,000
o
Interceptor sewers carry waste from the collection system to the treatment plant. Several
interceptor sewer mains were planned to serve potential new developments around the
City in 2009 totaling $570,000. However, with the downturn in construction activity
these extensions are no longer necessary.
Provide Financial Assistance for Community Redevelopment - $185,000
?
Development Incentive (TIF 26) - $185,000
Funding was proposed in the 2009 Note Issue for two (2) TIF development loans in TIF #26
(Conde Street) previously authorized by the City Council ($185,000). Funding is included for
development loans to 3-D Targets ($125,000) for costs of building upgrades to meet code
requirements for this expanding business. The project will create an additional 5 full-time jobs
in TIF No. 26 ($125,000). A development agreement with PPG Industries provides financing for
manufacturing equipment and the creation of 6 new jobs in TIF No. 26 ($60,000). Due to
restrictions on borrowing for private purposes, funding for this project cannot be included in the
proposed Note Issue. This project will be funded in a future Note Issue.
Community Development Department Memorandum
Date: September 30, 2009
TO: City Council
FROM: Bradley A. Cantrell, Community Development Director
SUBJECT: Approval of a Memorandum of Understanding between the City of
Janesville and the Wisconsin Department of Transportation (File
Resolution No. 2009-640).
_____________________________________________________________________
Summary
In order to provide full vehicular access on STH 11 at Midland Road into the Dean/St.
Mary’s project WisDOT is requiring that the City enter into a Memorandum of
Understanding (MOU) with the State. The MOU establishes a purchase price for the
access point which Dean/St. Mary’s has agreed to pay in addition to requiring that certain
traffic improvements be constructed to accommodate traffic flow and address public safety
in the area.
Department Recommendation
The Community Development Department recommends that the City Council adopt
Resolution No. 2009-640, which will authorize the City Manager to enter into a
Memorandum of Understanding to permit access to STH 11 at Midland Road for the
Dean/St. Mary’s project.
City Manager’s Recommendation
The City Manager supports adoption of this resolution.
Suggested Motion
I move to approve Resolution No. 2009-640 authorizing the City Manager to enter into a
Memorandum of Understanding with the Wisconsin Department of Transportation to permit
access onto STH 11 at Midland Road for the Dean/St.Mary’s project.
Background
City Staff, the Wisconsin Department of Transportation (WisDOT) and Dean/St. Mary’s
have been working together in order to facilitate the construction of a new hospital and
clinic facility at the southeast corner of I-39/90 and STH 11 (Racine Street). Dean/St.
Mary’s officials have indicated early on in the planning process that an access point onto
STH 11 at Midland Road was essential to provide emergency access to the hospital and
clinic facilities and provide convenient access to their customers. The access rights for the
Hwy 11 frontage of the Dean/St. Mary’s property was purchased by the WisDOT several
years ago; therefore, direct vehicular access onto STH 11 is prohibited. In order to
determine whether full-access at Midland Road could be granted without affecting traffic
movement at the interchange as well as through movement along the State highway,
WisDOT required a traffic study to be conducted. The results of the traffic study indicated
that a full-access point at STH 11 and Midland Road could be accommodated either
through installation of a signalized intersection or a roundabout. WisDOT, the City and
Dean/St. Mary’s are currently evaluating which concept would be the best for this
intersection. Ultimately, WisDOT will make this decision. Following this determination,
improvements for the highway will have to be assessed, and City Council review and
approval will be necessary for that component of the project.
As indicated above, the applicant must purchase access rights to STH 11 from the State.
An appraisal was conducted which indicated that access rights could be purchased for
$164,000. Dean/St. Mary’s has agreed to the purchase price. In order to complete this
transaction, WisDOT is requiring that the City enter into a Memorandum of Understanding
(MOU) with the WisDOT that sets forth the terms and provisions related to this
conveyance. The terms of the MOU include the following:
?
access onto STH 11 at Midland Road will be granted based on the appraised
value.
?
Installation of certain traffic improvements that include either a signalized
intersection on STH 11 at Midland Road or a roundabout, and the reconstruction
of the free-flow ramp from westbound I-39/90 to eastbound STH 11 to a stop sign
condition as recommended in the traffic study.
?
temporary connection to STH 11 at Midland will be provided during construction
as approved by WisDOT.
?
WisDOT maintains the right to require the City to conduct additional traffic studies
if motor vehicle crashes associated with the access point exceed WisDOT’s
statewide crash rate for this type of roadway facility or the access point regularly
contributes to queuing of vehicles into the I-39/90 interchange area.
?
the City must install additional traffic improvements to solve demonstrated traffic
problems but allows the cost of traffic improvements to be assessed to others.
?
WisDOT maintains the right to purchase back the access rights if they determine
the only way to solve safety and operational problems would be to close the STH
11 access point at Midland Road.
This MOU is similar to that used by WisDOT on other State routes for other major
developments requesting access accommodations. Dean/St. Mary’s believes that this
access point is essential to the critical care function and operation of their facility. The
Community Development Department believes that this is an important access point and
that the traffic improvements which will be installed can adequately accommodate the
projected level of traffic. As development increases along this corridor, future traffic
improvements will be necessary at the STH 11/Midland Road intersection and other
intersections within this area. Once WisDOT makes a decision on the type of intersection
improvements required for this intersection, cost estimates will be finalized and
arrangements for construction and payment will be brought back to council for approval.
cc: Eric Levitt
Jacob Winzenz
RESOLUTION NO. 2009-640
A resolution authorizing the City Manager to enter into a Memorandum of
Understanding with the Wisconsin Department of Transportation (WisDOT)
Conerning the Dean Health System and STH 11.
WHEREAS, Dean Health Care Systems/SSM Health Care of Wisconsin (SSM) owns
Subject Property
property (herein after ) located at the southeast corner of Interstate
Highway 39/90 (IH-39/90) and State Trunk Highway 11(STH 11); and
WHEREAS, Dean Health Care Systems/SSM desires to construct a regional medical
Development
facility that includes a new hospital and clinic on their property (herein after )
and desires to obtain a full access connection to STH 11 at Midland Road; and
WHEREAS, the Wisconsin Department of Transportation (WisDOT) purchased the access
Subject Property
rights for the STH11 frontage of several years ago, however, WisDOT
has agreed to allow Dean Health Care Systems/SSM to purchase access rights back to
allow for a connection onto STH 11 at Midland Road subject to installation of certain traffic
improvements at the new STH 11/Midland Road intersection and at the northbound IH-
39/90 interchange off-ramp; and
WHEREAS, the WisDOT is requiring that in order to allow the sale of this access point to
Dean Health Care Systems/SSM that the City of Janesville and WisDOT enter into a
Memorandum of Understanding (MOU) which specifies terms and conditions associated
with this access point; and
WHEREAS, Dean Health Care Systems/SSM has agreed to pay WisDOT the appraised
value of the access rights and have further agreed to make necessary traffic improvements
Development
in order to address traffic impacts resulting from the and establishment of
this access point; and
WHEREAS, the terms and provision of the MOU allows WisDOT to require future traffic
studies and improvements if warranted by a demonstrated accident history at the
intersection which exceeds statewide crash rates for this type of roadway or the
intersection contributes to queuing problems for the IH-39/90 interchange area;
WHEREAS, the MOU specifies costs that could be or will be incurred by the City of
Janesville for traffic inputs which may be passed on to land owners or developers through
development agreements, land division improvements, zoning approvals, special
assessments proceedings and /or imposition of impact fees;
WHEREAS, the Common Council finds that facilitating an access point onto STH11 for the
Development
proposed is within the best interest and benefit of the community and the
City and authorized under Sections 84.25(9) of the Wisconsin Statutes.
NOW, THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF
JANESVILLE that they hereby authorize and direct the City Manager, City Clerk and
RESOLUTION 2009-640
PAGE 2
his/her designee to negotiate, enter into and execute on behalf of the City of Janesville the
attached MOU; and to negotiate, draft, execute, record and file such documents, papers
and forms as may from time to time, be necessary and/or desirable to effectuate such
agreement and the intent of this resolution as the City Manager may decide; and
BE IT FUTHER RESOLVED BY THE COMMON COUNCIL that the City Manager and his
designees are hereby authorized to take at any time and from time to time whatever other
actions and make whatever minor changes to this MOU that the City Manager may find
necessary and/or desirable to effectuate the intent of this resolution.
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: Community Development Department
Prepared by: Community Development Department