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Full Agenda Packet Revised 11/5/09 CITY OF JANESVILLE CITY COUNCIL MEETING AGENDA MONDAY, November 9, 2009 7:00 P.M. 1. Call to Order and Pledge of Allegiance. 2. Roll Call. 3. Minutes of City Council meetings: “C” A.Special meeting of October 20, 2009. B.Regular meeting of October 26, 2009. 4. Licenses; and Recommendations of the Alcohol License Advisory Committee. (Refer to separate agenda.) “C” 5. Waiver of special assessment procedures for sanitary sewer, water main, curb & gutter and paving charges for Willow Glade and Willow Glen – Jack Willow Investments LLC & DK Partnership, LLP. “C” 6. Waiver of special assessment procedures for sanitary sewer for the east side of Wright Road (Parcel 0304100003) – Sara Investment Real Estate. “C” 7. Special recognition: Action on a proposed resolution in commendation of James Douglas Venable’s service to the City of Janesville. (File Res. No. 2009-639) OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. ----------------------- “C” – This designation indicates an item that the City Council will take up under a Consent Agenda. City Council Agenda – November 9, 2009 Page 2 OLD BUSINESS (CONTINUED) 2. Requests and comments from the public on matters which can be affected by Council action. 3. Discussion, preliminary Council adjustment and other action, public hearing and continuing public hearing on the FY2010 proposed City and Library budgets. 4. Second reading, public hearing and action on a proposed ordinance amending the City’s Wastewater Facility and Sewer Use Ordinance in order to adjust rates as set forth in Chapter 13.18 of the Code of Ordinances of the City of Janesville. (File Ord. No. 2009-442) 5. Second reading, public hearing and action on a proposed ordinance amending the regulations on the placement of leaves and grass on public streets. (File Ord. No. 2009-441) 6. Second reading, public hearing and action on a proposed ordinance authorizing the Parks Director to designate pet exercise training areas. (File Ord. No. 2009-440) NEW BUSINESS 1. Discussion and action on a request to expand the Palmer Park pet exercise area. 2. Action on a proposed advertising policy at the Youth Sports complex. 3. Action on a Proposed Resolution Awarding $15,405,000 General Obligation Promissory Notes, Series 2009-A, Awarding $9,065,000 General Obligation refunding Promissory Notes, Series 2009-B and Establishing Interest Rates Thereon and Levying Taxes Therefore. (File Res. No. 2009-643) 4. Authorization for the City Manager to enter into intergovernmental agreements with the State of Wisconsin Department of Natural Resources (WDNR) indemnifying the City of Janesville for accepting deer carcasses for disposal at the Janesville Municipal Landfill. City Council Agenda – November 9, 2009 Page 3 NEW BUSINESS (CONTINUED) 5. Award of contracts C2009-27 (sewer, water & street construction) and C2009-28 (sanitary sewer lining & point repairs) for Public Works Bid Schedule “K” – 2009. 6. Action on a proposed resolution authorizing the City Manager to make an application to the County for an exemption from the Library tax levy. (File Res. No. 2009-653) 7. Introduce, refer to Plan Commission and schedule a public hearing on a proposed ordinance creating Chapter 18.80 Airport Overlay Zoning District to the City of Janesville Zoning Ordinance. (File Ord. No. 2009-444) 8. Introduce and schedule a public hearing on a proposed ordinance attaching property located at 3123 South US Highway 51. (File Ord. No. 2009-445) 9. Introduce, refer to Plan Commission and schedule a public hearing on a proposed ordinance attaching and zoning to B4 property located at 3123 South US Highway 51. (File Ord. No. 2009-446) 10. Introduce and schedule a public hearing on a proposed ordinance increasing bus fares on the Janesville Transit System. (File Ord. No. 2009-443) 11. Matters not on the Agenda. 12. Consideration of a motion to convene into closed session pursuant to Wisconsin Statute Section 19.85(1)(e), whenever competitive or bargaining reasons require a closed session for the purpose of deliberating and setting the negotiation and bargaining strategies, terms, and conditions for a potential development agreement in TIF 22 since competitive and/or bargaining reasons require a closed session. PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN SPECIAL MEETING October 20, 2009 VOL. 60 NO. 22 A special meeting of the City Council of the City of Janesville held in the Municipal Building on October 20, 2009. The meeting was called to order by Council President Truman at 6:00 PM. Present: Council President Truman, Councilmembers Brunner, McDonald, Perrotto, Steeber, and Voskuil. Absent: Councilmember Rashkin Review of Proposed 2010 Budget: The City Council continued their review of the proposed 2010 City budget, which included Stormwater Utility, Wastewater Utility, Water Utility, Cemetery, Golf Courses, Hedberg Public Library, JATV, Neighborhood Services, Sanitation, Insurance Fund, Vehicle Operation and Maintenance, Technical Services, and Major Capital Projects . During the review of the budgets the City Council asked various questions, and requested additional information. The Council requested more information on the golf courses being operated by the City, a map of the target area for grant funds being used for rehabilitation, and a list of all City facilities. They requested a report on the various options the Council has for implementing volume based fees for trash collection and a report on a sidewalk permit fee for sidewalks installed by private contractors. By consensus, of the majority of the Council, the following amendment was made to the 2010 proposed budget: ? Leisure Services: Increased the budget for Riverside wading pool by $6,700. Matters not on the Agenda. There were none. There being no further business, Council adjourned at 9:17 PM. These minutes are not official until approved by City Council. David T. Godek City Deputy Clerk-Treasurer PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING OCTOBER 26, 2009 VOL. 60 NO. 23 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on October 26, 2009. The meeting was called to order by Council President Truman at 7:00 PM. Council President Truman introduced Boy Scout Troop #405 and they led the Pledge of Allegiance. Present: Council President Truman, Councilmembers Brunner, McDonald, Rashkin, Perrotto, Steeber, and Voskuil. CONSENT AGENDA Minutes of the special meeting of October 8, 2009. Minutes of the regular meeting of October 12, 2009. Minutes of the special meeting of October 13, 2009. Licenses and Recommendations of the Alcohol License Advisory Committee. Action on a motion to approve final Certified Survey Map 09010-C, Dean Health Systems/SSM Healthcare, 2 lots along STH 11. Financial statement for the month of September 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. Margaret Vechinsky, 537 Main St., opposed to using the space south of Jackson Elementary School and west of Beloit Ave. for a new ice rink (Old Business #3). Andreah Briarmoon, 339 S. Locust St., opposed to note issue (Old Business #4), stated citizens did not have enough input on CDA budget (New Business #5), spoke against the acquisition and demolition of properties for redevelopment (New Business #1), and requested Council budget money for a community center instead of two code inspectors. 2. Requests and comments from the public on matters which can be affected by Council action. Steven Walker, 513 Oakland Ave., spoke in favor of new ice skating center (Old Business #3). Kim Burkhalter, 120 N. River St., Apt. 104, spoke in favor of expanded public transportation. Andreah Briarmoon, 339 S. Locust St., requested Council allow Citizens Nomination Committee to appoint citizens to committees instead of making recommendations to the City Manager; and requested Council remove the police officer position added to the 2010 budget. Kevin Speich, 1129 E. Milwaukee St., asked Council if the former City Manager, Steve Sheiffer, was still employed by the City. City Manager Levitt responded he is not an employee or consultant. Council President Truman changed the order of Old Business items #3 and #4. 4. Discussion/possible action on a request from Janesville Youth Hockey (JYH) Building Committee for City Council consideration on City providing funding to build a new ice rink. Councilmember Steeber moved for the City to provide $2 million to fund a new ice rink if JYH can raise $1.5 million in funds by March 1, 2010. Councilmember Perrotto offered a friendly amendment stating funding for a second sheet of ice would be at the City’s discretion and the City would use either the Eastside location or the Southside location for building the new ice center. The friendly amendment was not accepted. Councilmember Steeber offered a friendly amendment for the City to provide $500,000 to fund a second sheet of ice upon JYH raising sufficient funds to build the second sheet of ice. The amendment was accepted by the seconder. The motion, as amended, passed by the following vote: Aye: Councilmembers Brunner, McDonald, Steeber, Truman, and Voskuil. Nay: Councilmembers Rashkin and Perrotto. Councilmember Rashkin moved that the Council’s preferred site for the new ice arena be the south side of the City in TIF #22, seconded by Council President Truman and passed by the following vote: Aye: Councilmembers Brunner, McDonald, Rashkin, Perrotto, Truman, and Voskuil. Nay: Councilmember Steeber. 3. Action on a proposed resolution authorizing the issuance of $16,405,000 in promissory notes for financing various public purposes and $9,065,000 in promissory notes to refund existing debt. Councilmember Rashkin moved to remove $1 million in borrowing for the new fire station, seconded by Councilmember McDonald and passed by the following vote: Aye: Councilmembers Brunner, McDonald, Rashkin, Perrotto, Steeber, and Voskuil. Nay: Councilmember Truman. Councilmember Steeber moved to adopt said resolution, as amended by Council, seconded by Council President Truman and passed by the following vote: Aye: Councilmembers Brunner, Rashkin, Steeber, Truman, and Voskuil. Nay: Councilmembers McDonald and Perrotto. (File Res. No. 2009-642) NEW BUSINESS 1. Action on a proposed resolution authorizing the acquisition and demolition of real properties located at 1722 Charles St., 1109 Elgin Ave., 1715 Joseph St., 1809 Joseph St., 1815 Joseph St., 1821 Joseph St., 1903 Joseph St., 1921 Joseph St., and 809 S. Jackson St. for open green space. Councilmember McDonald moved to adopt said resolution, seconded by Councilmember Steeber and passed unanimously. (File Res. No. 2009-650) 2. Award of Contract 2009-26 (Wastewater Treatment Plant Upgrade and Expansion) for Public Works bid Schedule “J”-2009. Dan Lynch, Utility Director, told the Council that certain energy enhancement activities included in this project are only economically viable if the City receives the incentive grants from Focus on Energy. Without those grants the energy enhancements would not move forward. Councilmember Steeber moved to award said contract to C.D. Smith Construction, Inc. of Fond du Lac, WI, for $27,330,000 and includes funding as follows: previously borrowed general obligation notes, Wastewater Utility Replacement Fund, State of Wisconsin Clean Water Fund Loan Program, Focus on Energy Grant Program, and other funding sources that may become available, seconded by Councilmember Voskuil and passed unanimously. 3. Action on a proposed resolution authorizing the City Manager to apply for a Brownfield Site Assessment Grant for property located at 803 S. Jackson St. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Brunner and passed unanimously. (File Res. No. 2009-651) Council President moved New Business item #6 next. 6. Action on a proposed resolution authorizing the filing of an application with the Wisconsin Historical Society for a 2010 Historic Preservation Grant. Councilmember McDonald moved to adopt said resolution, seconded by Councilmember Steeber and passed unanimously. (File Res. No. 2009-649) 4. Approve a Memorandum of Understanding between the City of Janesville and Rock County. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Voskuil and passed unanimously. (File Res. No. 2009-646) 5. Action on a proposed resolution approving the 2010-2014 Consolidated Plan and 2010 Annual Action Plan for the Community Development Block Grant Program and Rock County HOME Consortium Submission. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Voskuil and passed unanimously. (File Res. No. 2009-647) 7. Confirm City Manager appointments to the Community Development Authority and Library Board. Councilmember Rashkin moved to approve the City Manager’s committee appointments to the Community Development Authority and Library Board, seconded by Councilmember Steeber and passed unanimously. 8. A proposed ordinance authorizing the Parks Director to designate pet exercise training areas was introduced and scheduled for a public hearing on November 9, 2009. (File Ord. No. 2009-440) 9. A proposed ordinance amending the regulations on the placement of leaves and grass on public streets was introduced and scheduled for a public hearing on November 9, 2009. (File Ord. No. 2009-441) 10. A proposed ordinance amending the City’s Wastewater Facility and Sewer Use Ordinance in order to adjust rates as set forth in Chapter 13.18 of the Code of Ordinances of the City of Janesville was introduced and scheduled for a public hearing on November 9, 2009. (File Ord. No. 2009-442) 11. Council President Truman scheduled a Metropolitan Planning Organization (MPO) Policy Board meeting for November 23, 2009 at 6:30 PM. 12. Matters not on the agenda. Councilmember Perrotto asked the Police Department to enforce sign ordinance more aggressively. Councilmember Rashkin stated the skate park was left out of the note issue, but should not be forgotten. Council President Truman stated the municipal building is open to all citizens. 13. Councilmember Steeber moved to convene into closed session pursuant to Wisconsin Statute Section 19.85(1)(e) whenever competitive or bargaining reasons require a closed session: (1) specifically setting the negotiating and bargaining terms and conditions for potential purchase of certain residential real property in the Fourth Ward for rehabilitation purposes; (2) for the purpose of deliberating and setting the negotiation and bargaining strategies, terms, and conditions for separate potential development agreements in TIF 22 and 23 since competitive and/or bargaining reasons require a closed session, seconded by Councilmember Voskuil and passed unanimously. There being no further business, Council convened into closed session at 10:24 PM. These minutes are not official until approved by the City Council. David T. Godek Deputy Clerk-Treasurer JANESVILLE CITY COUNCIL LICENSE AGENDA 11/09/2009 RECOMMENDED A. ELECTRICIANS – ORIGINAL Wayne W. Bornick P.O. BOX 14283, Madison, WI Bradley A. Whitford P.O. BOX 3016 B. SIGN ERECTORS – ORIGINAL LUNDGREN’S BRUSH 2182 HWY MM, Oregon, WI Robert Lundgren C. AMUSEMENT DEVICE – ORIGINAL THE MUSIC ROOM / HOLE IN THE WALL SALOON (THE CIRCUIT) Kurt A. Miller 18-24 S. River St. D. CHANGE IN PREMISE TO ALLOW OUTDOOR SEATING THE NOODLE SHOP CO.-WISCONSIN, INC. d/b/a NOODLES & COMPANY Pauline Drake 2259 Humes Rd. E. PREMISE TO PREMISE TRANSFER OF CLASS B LICENSE FROM 3502 MILTON AVE. TO 2419 MORSE ST., SUITE 110 PATTI’S RD SALOON, INC. d/b/a Road Dawg Saloon & Eatery 3502 Milton Ave. F. ORIGINAL CLASS “A” FERMENTED MALT BEVERAGE LICENSE KWIK TRIP, INC. d/b/a KWIK TRIP #326 Traci L. Spike 3123 S. Hwy. 51 DEPARTMENT OF PUBLIC WORKS MEMORANDUM ENGINEERING DIVISION November 2, 2009 TO: City Council FROM: Margaret Duerr, Engineering Division SUBJECT: For Council Consent Agenda on November 9, 2009, Waiver of Procedure for Special Assessments for Sanitary Sewer, Water Main, Curb & Gutter and Paving Charges for Willow Glade & Willow Glen – Jack Willow Investments LLC & DK Partnership, LLP. Staff Recommendation The Engineering Division recommends approving this item along with other consent agenda items. Request Jack Willow Investments LLC & DK Partnership LLP requests to waive the special assessment procedure and allow these assessments the use of the 5-year payment plan. Background The Council extended a $110,000 line of credit to Jack Willow Investments, LLC at the May 26, 2009 Council meeting for improvements abutting the Willow Glade plat. The Council was informed the actual amount would be itemized at the time of contract award, which is scheduled for later on the Council agenda. The actual amount for these improvements is $112,680.96. Also at the May 26, 2009 Council meeting, the Council granted a 10-year deferment for the sanitary sewer extensions not abutting developed property. Jack Willow Investments, LLC has agreed to reimburse the City the annual interest payments for these sections at $7,550 / year for the next 10 years or until the property is subdivided. Off-site improvements for Jack Willow Investments, LLC total $49,934.40 while off-site improvements for DK Partnership LLP total $139,888.80. Jack Willow Investment partners & DK Partnership LLP have signed the necessary waiver documents which allow the charges to be spread over five years with interest at 7.00% on the unpaid balance. The following chart shows assessment charges: Owner/Developer Total Assessments: Jack Willow Investments LLC Willow Glade & Off-Site $162,615.36 Willow Glade Sanitary Sewer Water Main Curb & Gutter Paving $17,203.20 $26,836.99 $15,769.60 $52,871.17 Off-Site $49,934.40 Owner/Developer Total Assessments: DK Partnership LLP $139,888.80 Sanitary Sewer $139,888.80 Jack Willow Investment’s current outstanding assessment balance is $94,681.25 for lots in various phases of Heider Estates plus land division assessments for Willow Glade. The cumulative total is $257,296.61. DK Partnership’s current outstanding assessment balance is $1,013.07, with a cumulative total of $140,901.87. CC: Eric Levitt Jacob J. Winzenz Mike Payne \\petey\COJHome\Agenda Review\Approved Agenda Items\2009\11-9-2009\Waiver of Special Assessments - Willow Glade.doc DEPARTMENT OF PUBLIC WORKS MEMORANDUM ENGINEERING DIVISION November 2, 2009 TO: City Council FROM: Margaret Duerr, Engineering Division SUBJECT: For Council Consent Agenda on November 9, 2009, Waiver of Procedure for Special Assessments for Sanitary Sewer for the East Side of Wright Road (Parcel 0304100003) – Sara Investment Real Estate . Staff Recommendation The Engineering Division recommends approving this item along with other consent agenda items. Request Sara Investment Real Estate, requests to waive the special assessment procedure and allow these assessments the use of the 5-year payment plan. Background Sara Investment Real Estate is the property owner on the east side of Wright Road and will be assessed for watermain improvements on Wright Road based on frontage. The watermain is required to serve the Dean Clinic / St. Mary’s Hospital project located at the southwest corner of STH 11/Wright Road. Eric Schwartz of Sara Investment Real Estate has signed the necessary waiver document which allows the charges to be spread over five years with interest at 7.00% on the unpaid balance. The following chart shows assessment charges: Owner/Developer Water Main Total Assessments: Sara Investment Real Estate $9,481.73 $9,481.73 Sara Investment Real Estate current outstanding assessment balance is $0.00. CC: Eric Levitt Jacob J. Winzenz Mike Payne \\petey\COJHome\Agenda Review\Approved Agenda Items\2009\11-9-2009\Waiver of Special Assessments - Sara Investments.doc HUMAN RESOURCES DIVISION MEMORANDUM October 20, 2009 TO: City Council FROM: Susan Musick, Human Resources Director SUBJECT: Action on a proposed resolution in commendation of James Douglas Venable’s service to the City of Janesville. Executive Summary At the City Council meeting of November 9, 2009, the following retirement commendation will be considered under the consent agenda: 1. James Douglas Venable for twenty-one years of service with the City of Janesville (File Resolution Number 2009-639) ? Doug will be attending the November 9, 2009 Council meeting. ? Doug began working for the City of Janesville on November 16, 1987, as the City of Janesville’s Economic Development Director. ? Doug’s retirement date is January 8, 2010. Recommendation Staff recommends adoption of File Resolution 2009-639. City Manager Recommendation The City Manager recommends approval. Suggested Motion I move to adopt File Resolution 2009-639 to commend James Douglas Venable on his service to the City of Janesville. 1 RESOLUTION NO. 2009-639 Whereas, James Douglas Venable is retiring from the City of Janesville after having diligently served the citizens of Janesville as Economic Development Director for more than 21 years; and Whereas, Doug Venable began working at the City of Janesville on November 16, 1987, and holds a distinguished career in economic development previously serving as a Community Development Planner for the Mississippi River Regional Planning Commission; and as Economic Development Agent for Rock County; and Whereas , under Doug Venable’s leadership, the City has developed 31 TIF districts resulting in 5.26 million square feet of new construction, $166 million in property value, generated $3.46 million annually in property taxes, and the companies that have received TIF assistance employ over 6,300 workers with an estimated payroll of $198.0 million; and Whereas, Doug Venable’s professional accomplishments and use of economic development strategies are known throughout the state and his service to other municipal economic developers through mentorship, brainstorming and encouragement are commendable; and Whereas, Doug Venable has used his vision to accomplish many outstanding projects to enhance the quality of life for Janesville residents, and to help diversify the city’s employment base and well position the city for new economic development opportunities in the future; and Whereas, during Doug Venable’s employment with the City of Janesville, he provided exemplary professional service and demonstrated conscientious devotion to the Janesville community; and Whereas, it is desired that such honorable service to the City of Janesville be properly recognized; Now, Therefore, Be It Resolved that the people of the City of Janesville, through the City Council, do express their grateful appreciation to James Douglas Venable for his 21 years as Janesville’s Economic Development Director. th Dated this 9 day of November, 2009. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner McDonald Eric J. Levitt, City Manager Perrotto Rashkin ATTEST: Steeber Truman Jean Ann Wulf, City Clerk-Treasurer Voskuil APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Human Resources Prepared by: Human Resources ADMINISTRATIVE SERVICES MEMORANDUM November 3, 2009 TO: City Council FROM: Jacob J. Winzenz, Dir. of Admin. Services/Assistant City Manager SUBJECT: Public Hearing on FY2010 Proposed City and Library Budgets On October 1, 2009, the proposed 2010 City and Library budgets were distributed to the City Council. As proposed by the City Manager, the 2010 City and Library budgets had a net decrease in total expenditures (including debt service) of $166,162. However, total revenue (including applied fund balance) decreases $719,314 resulting in an increase in the municipal tax levy of $553,152, or 2.01%. This increase in the tax levy results in a 1.39% increase in the tax rate for municipal purposes which costs the owner of an average home assessed at $113,800 an additional $12.50 per year. Over the following three weeks the City Council held three (3) study sessions with staff on the proposed budget and made numerous adjustments. In addition, the City Council reviewed and made an adjustment to the proposed 2009 borrowing for major capital projects which affects 2010 debt service. These adjustments result in a net decrease in the 2010 tax levy of $26,975. A summary of these adjustments are attached for your review. With the adjustments made by the City Council, the proposed City and Library expenditures for 2010 (including debt service) decrease by $193,137, or .42%. With the revenues changes described above the tax levy for municipal purposes increases by $526,177, or 1.91%. This increase in the tax levy results in a 1.29% increase in the tax rate for municipal purposes which costs the owner of an average home assessed at $113,800 an additional $11.62 per year. However, this year Janesville is benefitting from a decline in the TIF tax rate which reduces the tax rate increase to .6%. This will cost the owner of the average assessed home $5.56 on an annual basis. A public hearing on the proposed 2010 City and Library budgets is scheduled during the November 9, 2009 City Council meeting. At this time it would be appropriate to open the public hearing, receive any comments regarding the proposed budgets, and then continue the public hearing to November 23, 2009. At the meeting on November 23, 2009 the public hearing on the proposed budget will be continued, and then closed. Following the public hearing the City Council may discuss, make amendments to, and then take action upon the proposed 2010 City and Library budgets. The City Council will then need to schedule a very brief special meeting to set the tax levy. The City Manager’s office suggests this meeting be held at 7:00 a.m. on November 25, 2009 or November 30, 2009. P.L. 10/29/09 City of Janesville Council Study Session Budget Adjustments For the Proposed 2010 Budget General Fund Tax Levy$ 24,916,347 Council Changes: October 8, 2009Category City Councilpoverty initiative$ 15,000 Subtotal$ 15,000 Council Changes: October 13, 2009 Parksrecycling costs $ (6,300) ParksTraxler warming house operations 1,000 Policehire additional officer on July 1 27,000 Snow Removallevel of service 2"- 3" removal policy 50,000 Subtotal$ 71,700 Council Changes: October 20, 2009Category Recreationwading pool hours at Riverside match Palmer$ 6,700 Subtotal$ 6,700 Council Changes: October 26, 2009Category Debt Servicedefer $1,000,000 borrowing for Fire Station$ (120,375) Subtotal$ (120,375) Subtotal Changes to 10/26/2009$ (26,975) Total General Fund Tax Levy as of October 26, 2009$ 24,889,372 C:\Documents and Settings\winzenzj\Local Settings\Temporary Internet Files\Content.Outlook\SEUROQG8\2010 Summary of City Council Study Session Adjustments.xlsx P.L. Proposed 2010 Municipal Tax Rate & Levy Comparison 10/29/2009 For Years Indicated Below With Revisions Through 10/26/09 Council Meeting AmountPercentage AdoptedProposedIncreaseIncrease 20092010(Decrease)(Decrease) Tax Levy: Municipal Property Tax Levy$27,506,587$28,032,764$526,1771.91% TIF Levy964,972784,794(180,178)-18.67% Total Tax Levy$28,471,559$28,817,558$345,9991.22% Tax Rates: Municipal Property Tax Rate$7.9031$8.0052$0.10211.29% TIF Tax Rate0.27730.2241(0.0532)-19.18% Total Tax Rate$8.1804$8.2293$0.04890.60% Taxes Paid (Ave. Home $113,800) Municipal Purposes$899.37$910.99$11.621.29% TIF31.5625.50(6.06)-19.20% Total Taxes Paid$930.93$936.49$5.560.60% Assessed Valuation$3,480,490,530$3,501,835,270$21,344,7400.61% Note: Municipal Tax Levy & Rate includes the General Fund and Hedberg Public Library. AmountPercentage AdoptedProposedIncreaseIncrease Municipal Purposes20092010(Decrease)(Decrease) Operations Levy (w/o TIF): General Fund$19,157,706$19,491,106$333,4001.74% Library2,879,8602,908,66028,8001.00% Total Operation Levy $22,037,566$22,399,766$362,2001.64% (w/o TIF) Total Expenditures$45,660,536$45,467,399($193,137)-0.42% J:\Finance & Administration\Accounting\Budget\2010\2010 Proposed Budget Characteristics.xlsMunicipal11/3/2009 P.L. Proposed 2010 General Fund Budget 10/29/2009 Characteristics With Revisions Through 10/26/09 Council Meeting AmountPercentage AdoptedProposedIncreaseIncrease 20092010(Decrease)(Decrease) Revenues: Non-Property Tax Revenues$15,961,109$15,654,250($306,859)-1.92% Applied Fund Balance1,231,000850,000(381,000)-30.95% Total$17,192,109$16,504,250($687,859)-4.00% Expenditures: Operations$36,349,815$35,995,356($354,459)-0.98% Debt Service5,292,8695,398,266105,3971.99% Total$41,642,684$41,393,622($249,062)-0.60% Tax Levy: City Property Tax Levy$24,450,575$24,889,372$438,7971.79% TIF Levy857,763696,793(160,970)-18.77% Total Tax Levy$25,308,338$25,586,165$277,8271.10% Tax Rates: City Property Tax Rate$7.0250$7.1075$0.08251.17% TIF Tax Rate0.24650.1991(0.0474)-19.23% Total Tax Rate$7.2715$7.3066$0.03510.48% Taxes Paid (Ave. Home $113,800) General Fund$799.45$808.83$9.38001.17% TIF28.0522.66(5.3900)-19.22% Total Taxes Paid$827.50$831.49$3.99000.48% Assessed Valuation $3,480,490,530$3,501,835,270$21,344,7400.61% Ave. Home Assessed Valuation$113,800$113,800$0.0825$9.39 AmountPercentage AdoptedProposedIncreaseIncrease General Fund20082007(Decrease)(Decrease) Total Levy $24,450,575$24,889,372$438,7971.79% (w/o TIF) Less: Debt Service5,292,8695,398,266105,3971.99% Operations Levy $19,157,706$19,491,106$333,4001.74% (w/o TIF) J:\Finance & Administration\Accounting\Budget\2010\2010 Proposed Budget Characteristics.xlsGeneral Fund11/3/2009 P.L. Proposed 2010 Hedberg Public Library Budget 10/21/2009 Characteristics AmountPercentage AdoptedProposedIncreaseIncrease 20092010(Decrease)(Decrease) Revenues: Non-Property Tax Revenues$861,840$880,385$18,5452.15% Applied Fund Balance100,00050,000(50,000)-50.00% Total$961,840$930,385($31,455)-3.27% Expenditures: Operations$3,841,700$3,839,045($2,655)-0.07% Debt Service176,152234,73258,58033.26% Total$4,017,852$4,073,777$55,9251.39% Tax Levy: City Property Tax Levy$3,056,012$3,143,392$87,3802.86% TIF Levy107,20988,001(19,208)-17.92% Total Tax Levy$3,163,221$3,231,393$68,1722.16% Tax Rates: City Property Tax Rate$0.8780$0.8976$0.01962.23% TIF Tax Rate0.03080.0251(0.0057)-18.51% Total Tax Rate$0.9088$0.9227$0.01391.53% Taxes Paid (Ave. Home $113,300) Library Purposes$99.92$102.15$2.23002.23% TIF3.512.86(0.6500)-18.52% Total Taxes Paid$103.43$105.01$1.58001.53% Assessed Valuation 3,480,490,530$3,501,835,270$21,344,7400.61% Ave. Home Assessed Valuation$113,800 AmountPercentage AdoptedProposedIncreaseIncrease Library20092010(Decrease)(Decrease) Total Levy $3,056,012$3,143,392$87,3802.86% (w/o TIF) Less: Debt Service176,152234,73258,58033.26% Operations Levy $2,879,860$2,908,660$28,8001.00% (w/o TIF) J:\Finance & Administration\Accounting\Budget\2010\2010 Proposed Budget Characteristics.xlsLibrary11/3/2009 ADMINISTRATIVE SERVICES MEMORANDUM November 1, 2009 TO: City Council FROM: Patty Lynch, Comptroller SUBJECT: Second reading, public hearing and action on a proposed Ordinance Amending the City’s Wastewater Facility and Sewer Use Ordinance in Order to Adjust Rates as Set Forth in Chapter 13.18 of the Code of Ordinances of the City of Janesville (File Ord. No. 2009-442) Summary A Wastewater User Charge System was prepared as a result of the City’s proposed wastewater treatment plant upgrade and the 2010 annual budget. The user charge system is designed on a cash basis to meet projected expenses for debt service, operations and maintenance, and provide funding for the replacement of mechanical equipment at the treatment plant (maintain the replacement fund).The user charge system revisions will enable the City to collect revenue to meet the cash requirement of the Utility from customers in proportion to their use of services. As such, adjustments in the rates have occurred. This rate adjustment will generate an additional $2,125,200 in revenue in fiscal year 2010, or an overall increase in rates of 30.3%, effective January 1, residential 2010. The proposed rate adjustment will result in the average wastewater bill increasing by 29.3%, or $18.05 per quarter. Recommendation The Administrative Services Department recommends that following the public hearing City Council adopt Ordinance No. 2009-442 amending the wastewater rates. City Manager Recommendation The City Manager concurs with the Administrative Services Department recommendation. Suggested Motion: I move to adopt Ordinance 2009-442. 1 Background The wastewater rates were last adjusted on January 1, 2009, when an overall increase of 8.8% was implemented. In 2010, there is a budgeted decline in user charge revenue of 5% ($366,200) primarily due to the staggered removal of GM’s wastewater flow and a decline in residential usage trends. Operations and maintenance expenses have remained level with a $12,000 decrease from 2009. The largest impact on this rate increase is the cash required the fund the $32,745,000 Wastewater treatment plant upgrade and expansion. Additional funding is required for the annual debt service payments and equipment replacement refunding. The treatment plant project is financed primarily by a Wisconsin Department of Natural Resources Clean Water Fund Loan. The annual debt service increase in the 2010 budget including this low interest loan program is projected to be $1,570,000. The equipment replacement fund will need an additional annual deposit of $420,000. Wastewater Rate Comparisons Although our recommendation calls for an overall rate increase of 30.3% effective January 1, 2009, the impact on “average” residential and “typical” commercial and industrial consumers would be as follows: Janesville Wastewater Utility Rate Comparison Average Customer Volume Existing Proposed Percentage Meter Size CCF/Qtr Qtrly Rate Qtrly Rate Increase Residential 5/8” Meter 25 $ 61.60 $ 79.65 29.3% Commercial 6” Meter 1,250 $ 2,012.00 $ 2,663.50 32.4% Industrial (9” Flume) 50,000 $18,291.00 $24,309.00 32.9% Overall 30.3% Based upon this proposal, the average quarterly residential customer bill will increase by $18.05. The fixed charges and flow charges are increasing disproportionately which will cause the large users to experience a greater increase. Under the new rates large volume users will experience a greater increase than small volume customers because the volume (variable) charge is increasing to a greater degree than the meter (fixed) charge. In addition, the attached peer city comparison compares our average residential water and wastewater utility bill to that of our peer cities. This table shows that after the implementation of our proposed wastewater rate increase, an average residential water and wastewater utility bill will be $120.40, which is still 17% below the average of our peer cities. 2 Analysis The wastewater utility rates are designed to generate sufficient cash to meet projected operating and maintenance expenses, debt service payments, and replacement of plant equipment. The wastewater user charge system has been developed to collect revenue from the system users in direct proportion to their use and impact on costs. The proposed wastewater rate adjustment is necessary to maintain the financial integrity of the Utility because of an upgrade to the wastewater treatment plant facility and a decline in sales revenue. With the proposed rate adjustment, it is projected that in 2010 the Utility will maintain an adequate cash reserve and have adequate funds to make the revenue bond payments to pay for the capital improvements. /Attachments cc: Jacob J, Winzenz, Director of Admin. Services / Assistant City Manager Eric J. Levitt, City Manager 3 ORDINANCE NO. 2009-442 An Ordinance Amending the City’s Wastewater Facility and Sewer Use Ordinance in Order to Adjust Rates as Set Forth in Chapter 13.18 of the Code of Ordinances of the City of Janesville THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Section 13.18.030 A. (“Fixed Charges (Minimum)”) of the Code of General Ordinances of the City of Janesville is hereby amended in the manner set forth in the attachment hereto. SECTION II. Section 13.18.030 B. (“Volume Charges”) of the Code of General Ordinances of the City of Janesville is hereby amended in the manner set forth in the attachment hereto. SECTION III. Section 13.18.040 C. 1. and 2. (“Rates”) of the Code of General Ordinances of the City of Janesville is hereby amended in the manner set forth in the attachment hereto. SECTION IV. Section 13.18.060 B. of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: B. Revenue raised by the operation, maintenance and replacement (O. M.& R.) rates are to be used only to defray utility expenses for O. M. & R. The replacement fund is to be funded at the level of $887,000 per year. Monies allocated for replacement are to be used only for replacement. SECTION V. This ordinance and the above rates and local limits shall take effect on the st 1 day of January 2010. 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, Wald Klimczyk Proposed by: Accounting/Utilities Prepared by: Finance A. Fixed Charges (Minimum): QUARTERLY CHARGES SIZE METER TYPE Present Rates* New Rates** () inches Water 5/8 $26.10 $32.40 Water 3/4 $28.20 $35.30 Water 1 $33.00 $42.00 Water 1-1/2 $43.00 $54.00 Water 2 $56.00 $71.00 Water 3 $86.00 $109.00 Water 4 $129.00 $164.00 Water 6 $237.00 $301.00 Water 8 $368.00 $465.00 Water 10 $541.00 $684.00 Parshall Flume 3 $204.00 $257.00 Parshall Flume 6 $403.00 $509.00 Parshall Flume 9 $888.00 $1,123.00 Parshall Flume 12 $888.00 $1,123.00 B. Volume Charges: QUARTERLY CHARGES Present Rates* New Rates** For all flow (per 100 cubic foot increment) $1.42 $1.89 * Effective 1/1/2009 ** Effective 1/1/2010 13.18.040 Industrial and Commercial Surcharge A. Imposition. All persons, firms, corporations, institutions, or organizations discharging wastes into the public sewers shall, if their sewage has a concentration greater than “normal” concentrations, be considered an industrial discharger and subject to the requirements of Section 13.16.150 of this Chapter. The amount of surcharge shall reflect the cost incurred by the City in removing the excess biochemical oxygen demand (BOD) and suspended solids. B. Computation. The excess pounds of BOD and suspended solids will be computed by multiplying the flow volume in million gallons per day (MGD) by the constant 8.345, and then multiplying the product by the difference between the person’s concentrations of BOD and suspended solids and the aforementioned “normal” concentrations in parts per million by weight. This product will then be multiplied by the number of days in the billing period to determine the surcharge. C. Rates. The rates of surcharge for each of the constituents mentioned in the Subsection B. of this section will be at the prevailing rate at the time. The prevailing rate at the time is as follows: 1. For biochemical oxygen demand: Present Rates* New Rates** Per Pound $0.28 $0.34 2. For suspended solids: Present Rates* New Rates** Per Pound $0.20 $0.24 * Effective 1/1/2009 ** Effective 1/1/2010 OPERATIONS DIVISION MEMORANDUM November 2, 2009 TO: City Council FROM: Peter Riggs, Assistant Operations Director SUBJECT: Second reading, public hearing and action on a proposed ordinance amending the regulations on the placement of leaves and grass on public streets. (File Ord. No. 2009-441) Staff Recommendation The Operations Division and the Police Department recommend, following the public hearing, the City Council approves File Ordinance 2009-441. City Manager Recommendation The City Manager concurs with the Operations Division recommendation. Suggested Action Move to approved proposed ordinance number 2009-441. Background Information Currently JGO 12.44.060 allows for the placement of leaves in a public street stth between May 1 and November 15 of each year. This ordinance authorizes residents to place leaves in the public street in preparation of the leaf collection program held annually in November. As currently written, JGO 12.44.060 has two flaws. First, allowing leaves to be stth placed in the street between May 1 and November 15 is too far in advance of the leaf collection program and can have a negative impact on the effectiveness of street sweeping operations and can pose a problem for stormwater flow. th Second, the November 15 deadline no longer matches the scheduling of the loose leaf collection program. In recent years the loose leaf collection program has been scheduled for the two weeks immediately preceding the week of Thanksgiving. This change was implemented to allow more time for leaves to fall with a goal of improving the effectiveness and customer satisfaction of the leaf collection program. Ordinance Description Proposed ordinance number 2009-441 amends JGO 12.44.060 to prohibit the placement of leaves in the street after the completion of the loose leaf collection st program and before October 1 of the following year. This means residents can st place leaves into the street for collection starting October 1 and ending once leaves are collected during the annually scheduled loose leaf collection program. 1 The penalty for violating the proposed ordinance is outlined in JGO 12.44.100 and remains unchanged from the current regulations. Pros and Cons The primary positive outcome of proposed ordinance number 2009-441 will be a reduction in the amount of time that leaves will be in the gutter line. Leaf piles can impede stormwater flow and have a negative impact on street sweeping operations. This is particularly true when a resident places leaves into the gutter line well in advance of the leaf collection program. Additionally, neighborhood aesthetics are impacted because leaves will rot and become unsightly. The primary negative outcome of proposed ordinance number 2009-441 is that residents will have less time to place their leaves into the street prior to leaf collection. This should have minimal impact on customer satisfaction as leaves do not typically start to fall until after October 1. cc: Eric Levitt, City Manager Jacob J. Winzenz, Director of Administrative Services Wald Klimczyk, City Attorney Dave Moore, Police Chief John Whitcomb, Operations Director 2 ORDINANCE NO. 2009-441 An Ordinance amending JGO 12.44.060 prohibiting placement of leaves on any street after the st completion of the annual loose leaf collection program and until October 1 of the following year, with penalties for violations thereof as set forth in JGO 12.44.100. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Section 12.44.060 of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: “12.44.060 Leaves and grass on public streets.(A) Leaves: It is unlawful for any person to st before October 1 or place or cause to be placed any leaves on any street or highway after November th the City has collected, or caused to be collected, leaves from the applicable street during the 15 st City’s annual fall leaf collection program. and until May 1 of the following year. (B) Grass and Other Lawn Debris: It is unlawful to place or cause to be placed any grass, grass clippings, or other lawn debris on any street or highway at anytime. (Ord. 84-363’1, 1984).” 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, Wald Klimczyk Proposed by: Police Chief and Operations Director Prepared by: Assistant Operations Director CITY MANAGER’S OFFICE MEMORANDUM October 28, 2009 TO: City Council FROM:Rebecca Smith, Management Assistant SUBJECT: Second reading, public hearing and action on a proposed ordinance authorizing the Parks Director to designate pet exercise training areas (File Ordinance 2009-440) Request Councilmember McDonald asked that the Palmer Park Pet Exercise Area (PETA) ordinance be updated to reflect the change in role due to the elimination of the Leisure Services Director position. Recommendation Staff recommends Ordinance 2009-440 be updated to reflect the elimination of the Leisure Services Director position. City Manager recommendation The City Manager concurs with the staff recommendation. Suggested Motion I move to adopt the changes to Ordinance 2009-440 to authorize the Parks Director to designate pet exercise training areas. File Ordinance 2009-440 In 1989, an ordinance was adopted outlining the concept of pet exercise areas and gave the Leisure Services Director the ability to designate the PETA areas. With the elimination of the Leisure Services Director position, staff concurs with Councilmember McDonald’s suggestion to update the ordinance to reflect a different staff position. Staff feels the Parks Director would be the most logical choice for this responsibility. CC: Eric Levitt, City Manager Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services Attachments: File Ordinance 2009-440 ORDINANCE NO. 2009 – 440 An ordinance authorizing the Parks Director to designate pet exercise training areas. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Section 12.60.210 C. of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: “C. Dogs and cats may be present, throughout the year but only during such hours that the park is lawfully open to the public, in those specifically signed park "Pet Exercise/Training Areas" which the Parks Director, of Leisure Services, from time to time, so designates. Dogs and cats permitted in such areas shall, at all times, be under the effective control of the owner/possessor, but no leash is required.” ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner McDonald Eric Levitt, City Manager Perrotto Rashkin ATTEST: Truman Steeber Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: City Attorney Proposed by: City Member McDonald Prepared by: Management Assistant and City Attorney CITY MANAGER’S OFFICE MEMORANDUM October 1, 2009 TO: City Council FROM:Rebecca Smith, Management Assistant SUBJECT: Discussion and Action on a request to expand the Palmer Park Pet Exercise Area Request Recently several users of the Palmer Park Pet Exercise Area (PETA) requested the Council and Parks Division expand the PETA to the adjacent abandoned tennis court area. Council President Truman suggested this item be placed on a future agenda. This memo will provide background information about this request and pros and cons of making this change. Recommendation Staff does not recommend the PETA be expanded. Suggested Motion I move to deny the request to expand the Palmer Park Pet Exercise Area. City Manager Recommendation The City Manager concurs with the Leisure Services Advisory Committee recommendation. Background Information In 1989, an ordinance was adopted outlining the concept of pet exercise areas and gave the Leisure Services Director the ability to designate the PETA areas. The Palmer Park PETA is 37 acres in size (comprising about 23% of the 164 acre park). This area does not receive a high level of service and currently the only amenities are signage and walking trails. When this area was first designated, it was mostly open space with grassland. This area has been left in a natural state and over time trees, prairie and underbrush have developed. Palmer PETA users requested the abandoned tennis court area adjacent to the PETA be included in the off-leash PETA area to provide a mowed area for dogs to run. They feel the underbrush and trees make it difficult for dogs to run in the existing PETA area. This request was initially made to an employee that works in the park; with good intentions, but without the direction, the employee began mowing the abandoned tennis court area (an area previously left in a natural state as part of a previous mowing reduction plan) and installed signs indicating the tennis court area was for unleashed dogs. The actions by the employee were without direction and when park management learned of these actions, the signs were bagged; staff will continue to mow the tennis area until a resolution to this request is made. 1 When parks management reviewed this request, a meeting was held at the park for park users on August 20, 2009. Parks suggested that an area within the existing 37 acre PETA be cleared of brush during a volunteer-supported work day to make room for dogs to run. The location of the clearing within the existing area could be determined by the user group. Future volunteer work activities could also be scheduled to address other needs expressed by the users, such as widening some trail areas. Staff’s perception is that the users would prefer to use the tennis area, rather than clearing a section of the existing PETA. During the user meeting, the citizens suggested that if the City wishes to do something else with the tennis court area in the future, they would be willing to give up that area. Attached are the notes from the August user meeting. Comments from Leisure Services Advisory Committee Staff broached the subject of expanding the PETA with the Leisure Services Advisory Committee for their feedback. Comments from the group, as attached in the unapproved minutes, indicate the group was not in favor of expanding the PETA. They felt the PETA was already large enough and if the users wanted an area for dogs to run, they should hold a work day, similar to many other park user groups/Friends groups. Pros & Cons of Expanding the PETA Pros: 1. Would accommodate a user groups request for a dog run area 2. Using the tennis court area would eliminate the need to remove brush, volunteer trees or prairie from the existing PETA, which may be seen as undesirable task by the users Cons: 1. PETA is already large enough to accommodate a dog run area once some clearing is completed 2. Users may not be willing to give up the area for another use in the future 3. Mowing the tennis court area would continue the increased the level of service to the park 4. The current PETA boundaries are clearly defined with roads, fence lines and the Springbrook Creek; fencing or signage would be needed to define the boundaries of the proposed expansion area. CC: Eric Levitt, City Manager Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services Attachments: Email and photos from Mr. Tom Edwards 8-20-09 park meeting notes 9-8-09 Leisure Services Advisory Committee minutes (unapproved) Map of Palmer Park 2 PUBLIC MEETING MINUTES PALMER PARK PET EXERCISE TRAINING AREA USERS TH THURSDAY, AUGUST 20, 2009, 6:30PM PALMER PARK Two parks employees as well as Councilmember George Brunner were in attendance along with 29 residents. This meeting was scheduled to hear input from the users of the 37 acre Pet Exercise Training Area (PETA) located in Palmer Park, 164 acres in size. The meeting was brought about by contacts from users after PETA posts and signs were inadvertently placed outside the PETA area. A parks employee with good intentions, but without direction, also started mowing the area near the tennis courts to assist PETA users. Users felt the signs and mowing sent conflicting messages as to what the boundaries were. Some dog ownershave been using the abandoned tennis courtarea as a dog run area. A portion of the tennis court fencing was removed to accommodate a Janesville Tennis Association request and the remainder was removed and recycled due to its age and unsightliness. Following brief introductions, Tom Edwards, spokesperson for the PETA users, addressed the group as to why the meeting was taking place and what could be done in the future. The 3 points were: the City ordinances dictate where the PETA is currently located; the group is interested in having an open place for their dogs to run; and in order to do this the ordinance would have to be re-written or an area cleared in the current PETA. Tom Edwards suggested the users form a friends group and look at the abandoned tennis court area on an annual basis, if the needs of the City change, then that area could be removedfrom the PETA. Tom Presny handed out a previously written ordinance memo. This area was formed in 1989, is non-fee based, so very little services are provided, except occasional trail mowing. Staff responds to needs on a complaint basis. The following is a list of comments and suggestions made by users with comments by staff in italics: 1.How does a friends group work? Typically has a cause and the group meets in order to achieve goals. 2.If a group works to clear an area, would City staff dispose of it? Parks would work with the volunteers if they wanted to do this. 3.Dogs need room to run, what would be advantage of not using tennis area? This area is currently not part of the designated PETA area and would need council consideration to change it. 4.There is a lot of wildlife in the wooded area and users would hate to see trees and brush cleared. It would also cost money to do the work. If the needs of the City change in the future, then the tennis court area could be removed from the PETA and used for this new need. 5.Use the tennis court area until needs change. 6.Could there be more access points? The ordinance would have to be changed to accommodate this request. 7.Why was it necessary to put up signs? Employees did it with good intentions but without direction and caused some confusion to users. 8.What kind of start-up costs would there be to make the area by the tennis courts into PETA?Costs for signage and anything else designated by Council. 9.Problem with parking lot getting plowed in the winter, it does get used a lot in the winter. It is among the last areas to get plowed, due to the priorities of removing snow from the streets. 10.Would like to see trail area stay, would also like to see everything east of the creek be designated for dogs. 11.A citizen commented he loves his own dog, but doesn’t necessarily love everyone else’s dogs, so having a combined multiuse picnic and dog use area may not work. 12.Has there ever been complaint of dogs in the current area? Yes, sometimes people complain who have rented the picnic grove that others let their dogs run in the area. 13.Could there be an off leash area east of the creek in the winter? Not without City Council approval. 14.The volleyball courts get used frequently on weeknights, so the parking lot gets full. 15.Is the area south of Palmer Dr. part of the PETA? No, not under the current ordinance. 16.The current area has been there for 20 years without much being done to it, usage has increased, so not much needs to be done. 17.Will the area by the tennis courts still be mowed this year? If not can volunteers do it? It will continue to be mowed until Council gives a directive. Tom Presny summarized the meeting by saying there currently is no funding for the PETA area and that any changes would have to come by way of an ordinance change by the City Council. Councilmember Brunner advised that the users should create a group to come forward at a council meeting and have one voice. Plans could be discussed for the area such as workdays. He also reiterated that everything takes time. Meeting adjourned at 7:30pm. LEISURE SERVICES ADVISORY COMMITTEE MEETING MINUTES TH SEPTEMBER 8, 7:00 PM TRAXLER PARK – LION’S PAVILION Members Present: Sandy Hendricks, Council President William Truman, Lorie Markus, Betty Schwarz, Jeff Clark, Douglas Derby, Steve Ellis, and Kevin Reilly Staff Present: Rebecca Smith and Tom Presny The meeting was called to order at 7PM at the Lions Pavilion in Traxler Park by Chairperson Lorie Markus. TH APPROVAL OF JULY 14, 2009 MEETING MINUTES th The minutes of the July 14 meeting were approved unanimously on a motion made by Betty Schwarz and seconded by Jeff Clark. PET EXERCISE AREA Tom Presny shared details of Pet Exercise Training Area (PETA) at Palmer Park and the recent neighborhood meeting that took place. Tom distributed a copy of the meeting minutes and discussed alternatives to their initial ideas including possibly converting a section of the existing PETA to an area for dogs to run. Comments from the members included: Question was asked about whether Paw Print Park was too busy to accommodate dogs. Lorie Markus felt that was not a problem. Steve Ellis suggested that the PETA users carve out an area inside their existing section for a dog run. Lorie Markus stated they won’t want to give the tennis court area back as was suggested in the meeting notes. Lorie Markus commented that the PETA area at Palmer Park may be too close to the road. It was also noted that their idea is the easiest (taking on additional space) but not in the City’s best interest. Also there is already a lot of space in the PETA area at Palmer. Bill Truman shared that mowing is expensive and there has been instances when mowing has been reduced. The City Council will need to review. Tom Presny stated that this was not a staff decision but one that the Council would need to change. MATTERS NOT ON THE AGENDA Tom Presny shared that Parks was contacted by the company that operates the Centerway and Indianford Dams, North American Hydro. They have made a request to the Federal Energy Regulatory Commission (FERC) to temporarily draw down the Rick River in the pool north of the Centerway Dam to complete necessary, flood-related repairs to their dam. They expect the draw down to last for a week and it would likely take place in late September; however, all of the details were not yet clear at that time. They have not yet heard from FERC on whether their request will be granted; however, they have already received permission from the WI DNR for this work. The river hasn’t been intentionally drawn down in approximately 15-20 years. If they are successful in their request, this could be a good thing for riverfront residents or businesses who may wish to use this opportunity to clean up or repair their shorelines in ways that aren’t possible when the river is at its normal level. If the draw down occurs, North American Hydro will send press releases and the City will also perform public information efforts and alert Friends groups of this opportunity. Steve Ellis shared his conversations regarding a request to provide a pickle ball program with the City of Janesville. Steve suggested Riverside Park and they didn’t like the idea of the west side location. Rebecca Smith said that she would contact Bonnie Davis to follow up with the Recreation staff. Bill Truman will be meeting with the City Manager to discuss opening the Traxler Park Warming House earlier each year to increase revenue. He also desires to increase the size of the skating land rink at Traxler Park to accommodate larger crowds due to the lack of open skate times at the Ice Center now that NAHL Hockey is playing there. Sandy Hendricks commented that work is progressing at the north bathroom at Riverside Park. The work should be completed soon. Lorie Markus reminded everyone th of the upcoming Pooch Fest on Saturday, September 19. Steve Ellis questioned why the wading pools closed early this year. Bill Truman stated that last year the Council decided to close the wading pools earlier this summer due to budget constraints. Steve suggested that both Palmer and Riverside wading pools have the same closing dates for consistency purposes. There being no further business, the meeting adjourned at 7:40PM on a unanimous motion by Bill Truman and seconded by Betty Schwarz. The next meeting is scheduled th for Tuesday, November 10, 2009. These minutes are not official until approved by the Leisure Services Advisory Committee. Respectfully submitted: Rebecca Smith, Management Assistant Ð»¬ Û¨»®½·» ß®»¿ ß¾¿²¼±²¼»¼ Ì»²²· Ý±«®¬ ß®»¿ Ð¿´³»® Ð¿®µ o Ð»¬ Û¨»®½·» ß®»¿ É·½±²·²ù Ð¿®µ Ð´¿½» Ý·¬§ ±º Ö¿²»ª·´´» Ý·¬§ ±º Ö¿²»ª·´´» Ó¿° Ð¿´³»® Ð¿®µ ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ ï ðîëðëððéëðïôððð Ü¿¬»æ çóíðóîððç Þò Þ´«³»®ô Ð´¿²²·²¹ Í»®ª·½» ï þ ã ëðð ù Ú»»¬ ÍæÄÐ®±¶»½¬ÄÓ¿²¿¹»³»²¬ÄÐ¿´³»®Ð¿®µÐ»¬Û¨ß®»¿ CITY MANAGER’S OFFICE MEMORANDUM November 2, 2009 TO: City Council FROM:Rebecca Smith, Management Assistant SUBJECT: Action on a proposed advertising policy at the Youth Sports complex. Request Recently a citizen contacted the Council because she learned that her original donation advertising sign at the Youth Sports Complex was replaced with a new advertising sign that did not mention her family’s contribution. Councilmember Steeber asked that this item be placed on the first meeting in November for Council discussion. Councilmember Steeber also indicated that he would like to see the Council have the ability to approve this group’s advertising policy before it goes into effect. There are several concepts to be discussed regarding this concern and staff will outline them below. Staff will also share the proposed resolution to the citizen’s concern and provide an overview of each group’s current plan for future signage/advertising at the Complex. Recommendation Staff recommends the Council approve the Janesville Sports Coalition Policy #2 titled Commercial Advertising on the Youth Sports Complex Grounds. Suggested Motion I move to approve the Janesville Sports Coalition Policy #2 titled Commercial Advertising on the Youth Sports Complex Grounds. City Manager Recommendation The City Council has a few options. 1. The Council can approve the policy as recommended. 2. The Council can approve the policy, but request staff to further look at ways to replace in kind the sign that was removed. 3. The Council can request specific revisions go back to the Sports Coalition for review. It is the City Manager’s view that this is a policy decision most appropriately made by the Council. Only the Council has the authority to authorize any signage policy at the Sports Complex. There are pros and cons associated with each of the alternatives and the City Council is best able to balance these against the values of the community. 1 Background Information about Original Donator/Advertising signs When the idea of a youth sports complex was conceived, donators were solicited to provide funding to develop the fields. To recognize their monetary contribution, a wood sign was placed next to the field. Staff can find no documentation that those signs were meant to be installed forever or that there are any guidelines/restrictions established when the signs were first put in place. The original donation signs are showing signs of age, wear and vandalism. Because of their height, children like to jump and play on them and they will not last forever; they are also difficult to see when there are crowds or cars in the parking lot. In the case of the Rock Soccer fields, the original donator signs include the name of a former lessee. Additionally, some user groups have mentioned they are interested in or have plans pending to look for advertising partnerships/sponsors to fund the continuation of their operational and maintenance responsibilities of their club and the Complex. Questions Regarding Advertising Authority All four of the sports group leases indicate that advertising is permitted on the fences; however, most of the fields do not have fencing. Instead of modifying each lease to allow advertising in other areas, staff has worked with the Sports Coalition to draft a policy outlining the parameters for advertising at the Complex, as attached. Councilmember Steeber indicated that he would like to see the Council approve this policy before it goes into effect. Sports Coalition Advertising Policy This policy was originally discussed in late 2007/early 2008; however, it was never adopted by the group. After the citizen concerns were brought up, staff worked with the Coalition to modify the policy. This policy was approved at the October 21, 2009 meeting of the Coalition. This policy provides concrete guidelines for the use of advertising at the Complex, while also continuing the group’s autonomy to make decisions. Highlights of the policy include: ? All advertising signage must comply with all applicable laws and all city ordinances, including the sign ordinance ? All sign concepts or sign templates must be reviewed and approved by the Janesville Sports Coalition Board of Directors; individual signs won’t be reviewed if they fit within an approved template/concept ? The Coalition desires a consistent look among signs/advertising and will develop guidelines over the winter months; ? Sports groups may retain the funding received from signage/advertising on fences; the perimeter of fields or future buildings funded by a sports group; ? The City may retain the funding received from signage/advertising on any city- funded building (such as the existing pavilion/restroom building); ? Sports groups must contact the original sign donator to ensure they are aware of any impending sign changes and give them first chance to be a sponsor; ? A bronze plaque will be installed to recognize the initial donators/advertisers; and 2 ? The plaque will initially be paid for by the City and the groups will return a portion of their advertising proceeds to the City until the plaque funding is recouped. Consistency of Signage The Coalition desires that the advertising/signage have a consistent feel. During the remainder of 2009 and early 2010, the Coalition will develop these standards. The group recognizes that some of existing or planned signage/advertising may need to be altered to achieve consistency. The Coalition also recognizes there may be differences between signage on the west and east sides due to differences in facilities, structures, and activities. City Advertising Benefits at the Complex As part of the advertising policy, the City would be able to advertise within the restroom/pavilion building and any future buildings funded by the City and retain all funding. This concept fits nicely with the 2010 proposed budget concept to examine advertising opportunities at municipally-owned facilities. Original Donator Recognition As recognition that the original signs will not last forever and to honor the significant contributions of the original families and businesses that donated monetarily and physically to make the fields and the Complex a reality, the Coalition will install a bronze plaque on the pavilion/restroom building to highlight the original donors with name recognition. The City of Janesville will fund this plaque initially; however, as each group sells advertising/signage at the sports complex, a percentage of revenue from each sale will be provided to the City until the cost of the plaque is recouped. The cost of the sign will be split equally among each of the four user groups. Once each user group completes their payments to the City, the group may fully receive and retain the revenue and financial proceeds from advertising signs placed on fences; around the perimeter of the fields or on any existing or future buildings paid for by the groups. The plaque will include the 16 original field donators; because Youth Baseball & Softball was not part of the complex initially, they would not have any donors listed, but are willing to fund a portion of the plaque. They would like to reference the donators involved with the McQuade field that is located at the complex. The plaque will also be large enough to accommodate others if other significant donations are received in the future. Next Steps Following any feedback from the Council at the November 9 council meeting, staff sees the next steps for this project as follows: 3 ActionExpected Completion Date Distribute approved policy to sports groups & CouncilNovember 2009 Develop plaque specifications; install plaqueInstalled by March 2010 Coalition develop signage/advertising guidelines for consistencyCompleted by March 2010 Conclusion Staff feels this proposal and outlined action plan addresses the issue of the original donators and each business or family’s legacy of contribution, while also providing a mechanism for the sports groups and the City to benefit from future advertising opportunities at the Complex. A bronze plaque will certainly have a longer life span than any current or future sign and will have considerably less long-term cost and maintenance. Staff feels the policy that was approved by the Coalition addresses several concerns discussed within the City Manager’s Office and by the Council. CC: Eric Levitt, City Manager; Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services Attachment 1: Future Sign/Advertising Plans for each Sports Group Rock Soccer Rock Soccer has obtained sponsorship for one field numbering sign and has installed it at the Complex. They have agreements with two other sponsors to replace two more of the original field numbering/donator signs at the Complex. Their ultimate goal is have a new sponsor for each of their fields. Each sign will include the correct name of their club. Sign advertising is highly attractive to them because they are unable to obtain revenue from game jersey advertising due to regulations outlined through their regional association. Rock Soccer also installed a new sign highlighting their name and web address. YMCA of Janesville The YMCA indicates the original donation advertising signs are in disrepair and have been vandalized. They plan to start raising funds to replace the existing signs. At this time, they do not have any immediate plans for sign advertising, but may wish to obtain advertising in the future. They would like to eventually install an informational sign where schedules, updates and a map can be posted; this sign may also highlight their original field donators or possible future donors. Sign advertising is not necessary for 4 the YMCA because their original agreement with the initial donors was for life time field naming rights. Youth Baseball & Softball As part of their new baseball and softball complex, they are planning on many new sponsors and advertisers. One of their members is a sign installation professional and will be in contact with area businesses about naming a field; sponsoring a set of bleachers; or purchasing signage on the fencing or around the perimeter of the fields. They plan to develop a uniform design for their new signage; install directional signage within the parking lot and create maps outlining the location of each field. Youth Football Youth Football does not have any plans currently for new signage or advertising. 5 Janesville Sports Coalition, Inc Policy Statement Policy No. 002 Date Approved by Coalition Board: 10/21/2009 Date Approved by City Council: Effective Date Cancellation Date Supersedes No. Subject: Commercial Advertising on the Youth Sports Complex Grounds Purpose of Policy The purpose of this policy is to establish consistent and enforceable guidelines under which the members of the Janesville Sports Coalition, Inc. can install commercial advertising on their respective leased premises in a manner which is not offensive and in keeping with the values of youth sports. References 1. Lease agreements previously executed between the City of Janesville and the four lessees of Rock Soccer, Inc., Youth Football, Inc., Youth Baseball Inc., and the Janesville YMCA. a.) 4. Use (K) – Lessee may install certain advertising signs on fences consistent with City ordinances and guidelines established, from time to time, by the City. 2. Each individual club is to create their own policy on their field naming rights and the appropriate amount of money that they could request for these respective naming rights. (adopted motion from 3/11/08 Coalition meeting) Statement of Policy 1. This policy shall be binding on all current and future lessees at the Youth Sports Complex. 2. The policy may be changed and modified by a majority vote of the Board of Directors of the Janesville Sports Coalition, Inc. Anytime significant changes are made a revised copy of the approved policy is subject to approval by the City Council before taking effect. 3. The Janesville Sports Coalition Inc., which is assigned overall jurisdictional control and responsibility for the Youth Sports Complex, hereby agrees and adopts the following policy guidelines and procedures. Guidelines 1. All advertising signage must comply with all applicable laws and all city ordinances, including the sign ordinance. 2. In recognition that groups wish to develop a sign concept or sign templates and fulfilling sponsor requests is a timely affair, the Coalition will not review individual signs, as long as they meet the guidelines set forth in this policy and their design is within the organization’s approved sign concept or template. Any and all sign concepts or sign templates must be reviewed and approved by the Janesville Sports Coalition Board of Directors. Significant changes to sign concepts and sign templates must return to the Coalition for review. Signs that do not fall into an approved sign concept or sign template must be reviewed and approved individually 1 Janesville Sports Coalition, Inc Policy Statement Policy No. 002 Date Approved by Coalition Board: 10/21/2009 Date Approved by City Council: Effective Date Cancellation Date Supersedes No. Subject: Commercial Advertising on the Youth Sports Complex Grounds by the Coalition. The Coalition will not unreasonably withhold approval of an organization’s sign concept, template or sign request. 3. When bringing forward an advertising sign concept, sign template or sign for review, the group should provide sufficient detail so that the Coalition may make an informed decision. Examples of details that may be helpful include location, size, material, a map, a rendering or color information. 4. Rock Soccer, Youth Football and the YMCA desire a consistent look among fields and sports group on the west side of the complex. Likewise, Youth Baseball and Softball desire a consistent look for their signage on the east side of the complex. Therefore, the Coalition will work together during the winter of 2009/early 2010 to develop guidelines for consistent advertising signage. The Coalition recognizes that some existing or planned signage/advertising may need to be altered for consistency. The Coalition also recognizes there may be differences between signage on the west and east sides due to differences in facilities, structures, and activities. 5. Advertising for alcohol (including alcohol company logos), tobacco or other is products and services which are not in keeping with youth values strictly prohibited . a. Groups may obtain advertising from businesses that sell alcohol, provided the advertising does not present or depict alcohol sales, tobacco sales, other products and services which are not in keeping with youth values or include alcohol company logos. 6. Sports groups are responsible for keeping advertising signs well- maintained and attractive. 7. No field advertising may be directly lit with supplemental lighting; however, scoreboards may be lit, provided they conform to city ordinances. 8. All advertising signs, panels, banners, etc. must be properly secured and mounted to prevent damage or unsightly appearance. 9. No commercial billboards will be permitted unless approved by the Plan Commission. 10. No electronic advertising signs will be permitted; however, indoor electronic “zipper” signs for concession sales are permitted. 11. Taking into consideration the maintenance and operational responsibilities of each user group for the fields, the sports groups may receive and retain revenue, financial proceeds or services-in-kind from advertising signs placed on fences; around the perimeter of the fields; or on any existing or future buildings funded by a sports group. Exceptions to this concept are outlined below under “Original Donator Recognition”. 12. Taking into consideration the City’s contributions of the initial restroom and pavilion and continual maintenance of this building; payment of utility fees; 2 Janesville Sports Coalition, Inc Policy Statement Policy No. 002 Date Approved by Coalition Board: 10/21/2009 Date Approved by City Council: Effective Date Cancellation Date Supersedes No. Subject: Commercial Advertising on the Youth Sports Complex Grounds and ownership of the Complex land, the City of Janesville retains the right to advertise within the existing and any future restrooms, pavilions or other city-funded buildings and may receive and retain revenue, financial proceeds or services-in-kind from those advertising signs. The City of Janesville would bring forward for review and approval any advertising signage to the Coalition in accordance with this policy for advertising present at the sports complex only. Procedures 1. When wishing to replace existing signs, sports groups must contact the original sign donator to ensure they are aware of the impending sign change. Original sign donators would have the first opportunity to provide funding for a new sign. 2. The Board of Directors has the authority to establish additional rules and guidelines which they determine to be in the best interest of the Youth Sports Complex, the lessees and the City of Janesville. These rules and guidelines shall not be to the detriment of previously approved signage or advertising. Original Donator Recognition The Sports Coalition recognizes the age and poor condition of the existing original donator signs; they will not last indefinitely. The Coalition also recognizes the significant contributions of the original families and businesses that donated monetarily and physically to make the fields and the Complex a reality. To identify their contributions in perpetuity the Coalition will install a bronze plaque on the pavilion/restroom building to highlight the original donors with name recognition. The City of Janesville will fund this plaque initially; however, as each group sells advertising/signage at the sports complex, a percentage of revenue from each sale will be provided to the City until the cost of the plaque is recouped. The cost of the plaque will be split equally among each of the four user groups. Once each user group completes their payments to the City, the group may fully receive and retain the revenue and financial proceeds from advertising signs placed on fences, around the perimeter of the fields, or future buildings funded by a sports group. 3 ADMINISTRATIVE SERVICES MEMORANDUM November 2, 2009 TO: City Council FROM: Jacob J. Winzenz, Dir. of Administrative Services/Assistant City Manager SUBJECT: Action on a Proposed Resolution Awarding $15,405,000 in General Obligation Promissory Notes, Series 2009-A, and $9,065,000 General Obligation Refunding Promissory Notes, Series 2009-B, of the City of Janesville, Wisconsin, Establishing Interest Rates Thereon, and Levying Taxes Therefor (File Resolution #2009-643) The Promissory Note bid opening is scheduled for 10:30 AM, Monday, November 9, 2009 with the Refunding Notes following at 11:00 AM that same day. That evening, the Council will be requested to consider the attached resolution (File Resolution #2009-643) that will formally award the note sale to the lowest bidder. The award resolution contains many incomplete sections that will be filled in upon receiving the interest rate bids. Therefore, we will distribute a completed version of File Resolution #2009-643 to the Council the evening of the meeting. Attachment 1 RESOLUTION NO. 2009-643 RESOLUTION AWARDING $15,405,000 GENERAL OBLIGATION PROMISSORY NOTES, SERIES 2009-A, AND $9,065,000 GENERAL OBLIGATION REFUNDING PROMISSORY NOTES, SERIES 2009-B, OF THE CITY OF JANESVILLE, WISCONSIN, ESTABLISHING INTEREST RATES THEREON AND LEVYING TAXES THEREFOR WHEREAS, this City Council has heretofore authorized the issuance and sale of $15,405,000 General Obligation Promissory Notes, Series 2009-A (the “Series 2009-A Notes”), and $9,065,000 General Obligation Refunding Promissory Notes, Series 2009-B (the “Series 2009-B Notes” and, collectively with the Series 2009-A Notes, the “Notes”) in a resolution adopted on October 26, 2009 and entitled “Resolution Authorizing the Issuance of $15,405,000 General Obligation Promissory Notes, Series 2009-A, and $9,065,000 General Obligation Refunding Promissory Notes, Series 2009-B, of the City of Janesville, Wisconsin, and Providing the Details Thereof”; and WHEREAS, pursuant to advertised public sale the following sealed bids were received for the Series 2009-A Notes on November 9, 2009, by 10:30 a.m., local time: Names of Bidders (Account Manager) Net Interest Rates ; and WHEREAS, it has been determined that the highest and best bid for the Series 2009-A Notes was that of ____________________, __________,__________, which bid is as follows: 4834-5259-6485.2 WHEREAS, pursuant to advertised public sale the following sealed bids were received for the Series 2009-B Notes on November 9, 2009, by 11:00 a.m., local time: Names of Bidders (Account Manager) Net Interest Rates ; and WHEREAS, it has been determined that the highest and best bid for the Series 2009-B Notes was that of ____________________, __________,__________, which bid is as follows: 2 4834-5259-6485.2 WHEREAS, it is now necessary to award the Notes to the successful bidder and to establish the interest rates thereon; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Janesville, Wisconsin, as follows: Section 1. Sale of Notes . The sale of $15,405,000 General Obligation Promissory Notes, Series 2009-A, to ____________________,__________,__________, at a price of $__________ and accrued interest to the date of delivery is hereby ratified and confirmed. The sale of $9,065,000 General Obligation Refunding Promissory Notes, Series 2009-B, to ____________________,__________,__________, at a price of $__________ and accrued interest to the date of delivery is hereby ratified and confirmed. Section 2. Interest Rates . The Series 2009-A Notes shall mature on February 1 of the following years, and bear interest at the following rates, payable on February 1, 2010 and each August 1 and February 1 thereafter: Maturities Amounts Interest Rates 2010 $1,575,000 2011 1,725,000 2012 1,735,000 2013 1,735,000 2014 1,735,000 2015 1,500,000 2016 1,350,000 2017 1,350,000 2018 1,350,000 2019 1,350,000 The Series 2009-B Notes shall mature on February 1 of the following years, and bear interest at the following rates, payable on February 1, 2010 and each August 1 and February 1 thereafter: Maturities Amounts Interest Rates 2010 $1,655,000 2011 1,505,000 2012 1,200,000 2013 1,085,000 2014 945,000 2015 800,000 2016 820,000 2017 840,000 2018 215,000 3 4834-5259-6485.2 Section 3. Redemption Provisions . The Notes maturing on or after February 1, 2017 shall be subject to redemption prior to maturity as a whole or in part at the option of the City upon notice as therein provide, in any order of maturity and by lot within a single maturity, on August 1, 2016, and on any date thereafter, at a redemption price equal to 100% of the principal amount thereof to be redeemed plus accrued interest to the redemption date and without premium. Section 4. Execution and Delivery; Borrowed Money Fund . The Notes shall be executed by the City Manager and the City Clerk in the manner heretofore provided, and upon authentication by Wells Fargo Bank, N.A., Chicago, Illinois, as note registrar, shall thereupon be delivered by the City Clerk to the purchaser upon payment of the purchase price. The principal proceeds from the sale of the Series 2009-A Notes shall be paid into the City treasury and entered in a fund separate and distinct from all other funds, which fund shall be designated “General Obligation Promissory Notes, Series 2008, Borrowed Money Fund.” The principal proceeds from the sale of the Series 2009-B Notes shall be paid into the City treasury and entered in a fund separate and distinct from all other funds, which fund shall be designated “General Obligation Refunding Promissory Notes, Series 2009-B, Borrowed Money Fund.” Money in said funds shall be used solely for the purposes for which the Notes were issued, including repayment of any temporary loan or reimbursement of any temporary advance made in anticipation of the issuance of said Notes. Section 5. Tax Levy . For the purpose of paying the principal amounts of the Notes as the same shall mature, and to pay the interest thereon as the same shall come due, there is hereby levied, for each year in which any of the Notes shall be outstanding, direct, annual, irrepealable taxes in amounts fully sufficient to pay such principal and interest, and the specific amounts levied for each year are as follows: Amount of Principal Year of Levy and Interest 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Section 6. Extension of Taxes . The amounts of taxes levied pursuant to Section 4 hereof shall be carried onto the tax roll by the City from year to year and collected as other taxes are collected, and such amounts may be reduced in any year only by any amount of surplus money in the Debt Service Fund created pursuant to Section 67.11, Wisconsin Statutes. Section 7. Debt Service Fund . There is hereby created a fund to be known as “General Obligation Promissory Notes, Series 2009-A, Debt Service Fund” to be established and maintained 4 4834-5259-6485.2 in accordance with generally accepted accounting principles. There is further hereby created a fund to be known as “General Obligation Refunding Promissory Notes, Series 2009-B, Debt Service Fund” to be established and maintained in accordance with generally accepted accounting principles. Into the Debt Service Funds there shall be deposited the following: (a) all premium and accrued interest from the sale of the respective Notes; (b) all allocable money raised by taxation pursuant to Section 4 hereof; (c) any surplus in the related Borrowed Money Fund created in Section 3 hereof; and (d) such additional amounts as may at any time be necessary to pay the principal of and interest on the respective Notes as the same shall become due. Section 8. Dated Date . The Notes shall be initially dated the date of their delivery. Section 9. Delegation of Authority to Call Refunded Obligations . The Director of Administrative Services/Assistant City Manager is hereby authorized and directed (i) to select those maturities of the City’s General Obligation Promissory Notes, Series 2000, Series 2001, and Series 2002, and the City’s General Obligation Bonds, Series 2004 (collectively, the “Refunded Obligations”), to be refunded with proceeds of the Series 2009-B Notes, (ii) to select the call dates and deliver timely notices of redemption to the registrar for the respective Refunded Obligations, and (iii) to do all other acts necessary to effect the redemption of the Refunded Obligations. Section 10. Continued Validity . If any section, paragraph, clause or provision of this resolution shall be invalid or ineffective for any reason, the remainder of this resolution shall remain in full force and effect, it being expressly hereby found and declared that the remainder of this resolution would have been adopted by the City Council despite the invalidity of such section, paragraph, clause or provision. Section 11. Effective Date . All orders or resolutions in conflict herewith are hereby repealed insofar as such conflict exists, and this resolution shall take effect immediately upon its passage, the public welfare requiring it. 5 4834-5259-6485.2 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, Wald Klimczyk Proposed by: City Administration Prepared by: Finance Department 6 4834-5259-6485.2 DEPARTMENT OF PUBLIC WORKS MEMORANDUM October 29, 2009 TO: City Council FROM: Mike Payne, Engineering Manager SUBJECT: Award of Bid Schedule “K” – 2009 Contract 2009-27, Sewer, Water, & Street Construction Contract 2009-28, Sanitary Sewer Lining Summary Bids for Contracts 2009-27 & -28 were opened on Wednesday, October 14, 2009. The Engineering Division is recommending award of these contracts to the low bidders, as shown on the attached tabulation of bids. Recommendation Following Review by the Council, the Engineering Division recommends award of Contracts 2009-27 & -28 to the low bidders. City Manager Recommendation The City Manager concurs with the Engineering Division recommendation. Suggested Motion I move to award the total base bids for Contracts 2009-27 & -28 to the low bidders. Background Contract 2009-27, Sewer, Water, & Street Construction This project contains two parts: Part A – utility extensions to support the Dean Clinic / St. Mary’s Hospital project and Part B – utility extensions, curb & gutter, and paving to support a six lot Willow Glade subdivision plat and sanitary sewer extension to support a future commercial development, Willow Glen, at the McCormick Drive / STH 26 intersection. The project was bid in two parts to determine actual project costs for each developer. Part A of this project is funded almost entirely by Dean / St. Mary’s, which already paid the City $161,427.10 to cover construction costs, city furnished materials, and staff time reimbursement affiliated with their portion of project costs. The 2009 Note Issue includes $9,481.73 for Sara Investments portion of the project. Part B of this project is funded from $274,602.50 in the 2009 Note Issue. Portions of this project initially paid by the Note Issue will be reimbursed through assessments to abutting property owners. \\petey\cojhome\agenda review\approved agenda items\2009\11-9-2009\award of contracts bid schedule k - memo.doc We received eight (8) bids for this project, with Merryman Excavation, Inc. providing the low bid. The Engineering Division is recommending award of this contract to Merryman Excavation, Inc. of Woodstock, Illinois in the amount of $412,985.50. The contract award is the total bid part A plus part B. Contract 2009-28, Sanitary Sewer Lining This project provides for lining repair to approximately 12,500 lineal feet of sanitary sewer main and includes 14 sewer point repairs. Part A of the contract consists of sewer and lateral lining. Funding for this portion of the contract is $750,000 included in the 2009 Note Issue. Part B of the contract consists of sewer point repairs. Funding for this portion of the contract is included within the Water Utility Operating Budget. We received four (4) bids for this project, with Michels Corporation providing the low bid. The Engineering Division is recommending award of this contract to $775,242. Michels Corporation of Brownsville, Wisconsin in the amount of Attachment cc: Eric Levitt Jacob J. Winzenz \\petey\cojhome\agenda review\approved agenda items\2009\11-9-2009\award of contracts bid schedule k - memo.doc Bid Opening: 14 October 2009 Page (1) of (2) CITY OF JANESVILLE TABULATION OF BIDS PUBLIC WORKS BID SCHEDULE “K” – 2009 2009-27 SEWER, WATER & STREET CONSTRUCTION Merryman Excavation, Inc. Part A: $138,383.00 1501 Lamb Road Part B: $274,602.50 Woodstock, IL 60098 Total Bid: $412,985.50 Globe Contractors, Inc. Part A: $165,450.00 N50 W23076 Betker Road Part B: $311,798.45 Pewaukee, WI 53072 Total Bid: $477,248.45 Rawson Contractors, Inc. Part A: $157,478.00 P.O. Box 259539 Part B: $340,786.50 Madison, WI 53725 Total Bid: $498,264.50 R. T. Fox Contractors, Inc. Part A: $175,335.00 5628 Hwy. M, P.O. Box 331 Part B: $354,793.00 Edgerton, WI 53534 Total Bid: $530,128.00 E & N Hughes Co., Inc. Part A: $179,295.60 N2629 Coplien Road, P.O. Box 408 Part B: $396,131.30 Monroe, WI 53566 Total Bid: $575,426.90 Capitol Underground, Inc. Part A: $227,566.00 2413 Parmenter Street, Suite 105 Part B: $462,908.50 Middleton, WI 53562 Total Bid: $690,474.50 Speedway Sand & Gravel, Inc. Part A: $194,080.70 8500 Greenway Blvd., Suite 202 Part B: $554,820.40 Middleton, WI 53562 Total Bid: $748,901.10 Berger Excavating Contractors Part A: $171,656.00 1205 Garland Road Part B: $718,159.00 Wauconda, IL 60084 Total Bid: $889,815.00 \\Petey\COJHome\Agenda Review\Approved Agenda Items\2009\11-9-2009\Award of Contracts Bid Schedule K - Attach.doc Bid Opening: 14 October 2009 Page (2) of (2) CITY OF JANESVILLE TABULATION OF BIDS PUBLIC WORKS BID SCHEDULE “K” – 2009 2009-28 SANITARY SEWER LINING & POINT REPAIRS Michels Corporation Part A: $741,946.00 817 W. Main Street Part B: $33,296.00 Brownsville, WI 53006 Total Bid: $775,242.00 Terra Engrg. & Construction Corp. Part A: $773,642.00 2201 Vondron Road Part B: $32,056.50 Madison, WI 53718-6795 Total Bid: $805,698.50 Insituform Technologies USA, Inc. Part A: $826,423.40 17988 Edison Avenue Part B: $34,621.60 Chesterfield, MO 63005 Total Bid: $861,045.00 Visu-Sewer, Inc. Part A: $828,437.00 N230 N4855 Betker Drive Part B: $37,115.00 Pewaukee, WI 53072 Total Bid: $865,552.00 \\Petey\COJHome\Agenda Review\Approved Agenda Items\2009\11-9-2009\Award of Contracts Bid Schedule K - Attach.doc DEPARTMENT OF PUBLIC WORKS MEMORANDUM October 29, 2009 TO: City Council FROM: John Whitcomb, Operations Director SUBJECT: Authorization for the City Manager to Enter into Intergovernmental Agreements with the State of Wisconsin Department of Natural Resources (WDNR) Indemnifying the City of Janesville for Accepting Deer Carcasses for Disposal at the Janesville Municipal Landfill. Summary This memo provides information regarding proposed indemnification agreements with the Wisconsin Department of Natural Resources (WDNR) pertaining to the landfill disposal of deer carcasses possibly affected with chronic wasting disease (CWD). The indemnification agreements cover disposal operations at the City’s landfill and treatment of landfill leachate at the City’s wastewater treatment facility. Staff Recommendation Given that CWD has not been shown to be transmissible to humans, staff believes continuing to accept deer carcasses for disposal at the landfill presents a lower level of environmental and human health risk than other materials commonly deposited in municipal solid waste disposal facilities. Further, in the absence of a landfill disposal option, meat processors and residents processing their own deer have no other appropriate disposal options. Following Council discussion, staff recommends the City Council authorize the City Manager to enter into both the landfill and wastewater treatment facility indemnification agreements with the WDNR. Recommended Motion I move to authorize the City Manager to enter into the proposed indemnification agreements as recommended by staff. City Manager Recommendation I concur with the Operations Director’s recommendation. Background CWD is a fatal nervous system disease known to naturally infect whitetail deer and other specific deer populations. CWD belongs to a family of nervous system diseases known as transmissible spongiform encephalopothies (TSE) or prion diseases. Though it has common features with other prion diseases, like mad 1 cow disease in cattle and scrapie in sheep, it is distinct and known only to infect specific members of the deer family. Like scrapie in sheep, there is no evidence showing CWD in deer is transmissible to humans. This is unlike mad cow disease which has been shown to be transmissible to humans. CWD was first discovered in Wisconsin in 1999. Since then, extensive statewide sampling has indicated the disease remains confined to the southern region of the state, primarily in Iowa and Dane Counties. Given the rich history of deer hunting in Wisconsin, the discovery of CWD was a paramount event. The City has continued to accept deer carcasses from residents and current customers for disposal at its landfill, adopting special handling and disposal procedures. Landfill disposal remains the recommended disposal option by WDNR based on various studies. Some landfills have stopped accepting deer carcasses for disposal, for various reasons, but primarily over concern about potential future regulation of the prions causing CWD, not necessarily health-related concerns. Some of these landfills had to stop accepting deer carcasses because the wastewater treatment facilities treating their leachate required the landfills stop accepting deer carcasses. These wastewater treatment facilities had similar concerns over potential future regulation of prions. In response, DNR has developed indemnification agreements for landfills willing to accommodate deer carcass disposal and for wastewater facilities treating leachate from these landfills. Under these agreements, the WDNR indemnifies landfills and treatment facilities from future liability directly related to the disposal of CWD affected deer carcasses, provided certain conditions are met. The City Attorney has reviewed and approved the proposed indemnification agreements. On a final note, the City’s wastewater treatment plant staff has indicated they will continue to allow landfill disposal of deer carcasses on condition the Council authorizes, at a minimum, the proposed wastewater treatment plant indemnification agreement. Without this indemnification agreement, the landfill will be unable to continue to accept deer carcasses. cc: Jay Winzenz, Director of Administrative Services/Assistant City Manager 2 INDEMNIFICATION AGREEMENT BETWEEN THE CITY OF JANESVILLE SANITARY LANDFILL, THE STATE OF WISCONSIN AND THE WISCONSIN DEPARTMENT OF NATURAL RESOURCES FOR DISPOSAL OF DEER THAT HAVE CHRONIC WASTING DISEASE WHEREAS, the Wisconsin Department of Natural Resources (the Department) may manage chronic wasting disease (CWD) in cervids, and ; WHEREAS, the Department must properly handle, process and dispose of cervids that have or may have CWD, and that it may utilize a landfill for such purposes, and; WHEREAS, pursuant to sec. 29.063(6)(b), Wis. Stats., the Department may enter into indemnification agreements with persons who own or operate landfills in which the state agrees to indemnify those persons and their employees, officers, and agents against liability for damage to persons, property, or the environment resulting from the disposal of carcasses of cervids that have chronic wasting disease, and; WHEREAS, the Department desires to use the landfill owned or operated by the City of Janesville to dispose of cervids that are to be disposed of in conjunction with the CWD program, and said animals may have CWD, and; WHEREAS, the City of Janesville has agreed to accept the cervids that are to be disposed of pursuant to the CWD Program, and recognize that said animals may have CWD. Now, therefore, the parties hereto agree as follows: 1. The State hereby agrees to indemnify the City of Janesville and its employees, officers, and agents against liability for damage to persons, property, or the environment resulting from the processing or disposal of carcasses of cervids that have chronic wasting disease, if the City of Janesville has operated the landfill in compliance with paragraph 6. 2. The method for determining whether the City of Janesville is liable for damages described in paragraph 1 is as follows: a. by final judgment of a court having jurisdiction over the matter, after any appeals have been exhausted; b. by settlement accepted in writing by the Governor and approved by a court having jurisdiction over the matter, or c. by written agreement of the City of Janesville, the Department and the Governor. 3. The City of Janesville landfill shall notify the Department and the Attorney General in writing within 10 days of receiving the notice of a claim or service of a lawsuit to which the Agreement may apply. It is understood that this Agreement authorizes the Attorney General to intervene in any lawsuit on behalf of the City of Janesville landfill and the State to which this Agreement may apply. 4. The Department agrees that pursuant to WIS. STATS. ss. 803.03(1) it is a necessary party for the just and complete adjudication of any action filed against the City of Janesville landfill alleging liability for damage to persons, property or the environment resulting from the processing or disposal of deer that may have had CWD at the City of Janesville’s landfill. If the Department is not originally named as a party to such an action, the Department agrees and consents to joinder as a third-party defendant pursuant to WIS. STATS. ss. 803.05(1); and further agrees to fully defend all claims arising out of the same transaction, occurrence, or series of transactions or occurrences that is the subject of the plaintiff’s complaint, so long as such transactions or occurrences relate to the conditions under the indemnification agreement for which the State would indemnify. 5. The City of Janesville landfill agrees that it shall minimize risks related to processing or disposal of carcasses of cervids that may have chronic wasting disease. 6. In order to minimize risks related to disposal of carcasses of cervids that may have chronic wasting disease, the City of Janesville landfill shall operate the landfill in the following manner when disposing of said animals: ? Place deer at least 20 feet above the base of the landfill ? Dig a shallow trench at least 3 feet deep into existing waste (similar to asbestos disposal) ? Place absorbent material acceptable to the Department at the base of the trench ? Deposit deer into trench ? Cover with additional absorbent material accept to the Department ? Fill remainder of trench with municipal solid waste (MSW) or soil ? Cover with soil at the end of the work day ? Use Global Positioning System (GPS) equipment to record coordinates of the trench location and put into landfill record ? The landfill record shall be maintained during the operating life and the 40 year long-term care period of the landfill 7. This agreement may not be construed as consent to sue this state. 8. This agreement is for purposes of providing indemnification to the City of Janesville landfill only. If the landfill is sold or otherwise transferred to another owner or operator, the agreement shall continue to indemnify the previous owner or operator and shall not ensue to the new owner or operator. 9. This agreement is effective upon approval by the Governor. Wisconsin Department of Natural Resources: By: ________________________ Dated: __________________ Matthew J. Frank, Secretary City of Janesville Sanitary Landfill: By: ________________________ Dated: __________________ Jacob J. Winzenz, Director of Administrative Services/Assistant City Manager Approved: ___________________________ Dated: ___________________ Jim Doyle Governor, State of Wisconsin Approved as to form: Wald Klimczyk, City Attorney CWD Indemnification Agreement Between the City of Janesville Wastewater Utility (JWWTP) and the Wisconsin Department of Natural Resources Regarding the Treatment of Leachate from the Rock County/City of Janesville Sanitary Landfill WHEREAS, the Wisconsin Department of Natural Resources (the Department) may manage Chronic Wasting Disease (CWD) in cervids, and WHEREAS, The Department must properly handle, process, and dispose of cervids that have or may have CWD, and such handling and disposal of cervids in a landfill may generate leachate that is sent to and treated by a Wastewater Treatment Facility; and WHEREAS, pursuant to sec. 29.063 (6) (b), Wis. Stats., the Department may enter into indemnification agreements with persons who own or operate wastewater treatment facilities in which the State agrees to indemnify those persons and their employees, officers, and agents against liability for damage to persons, property, or the environmental resulting from the processing or disposal of carcasses of cervids that have Chronic Wasting Disease; and WHEREAS, the wastewater treatment facility owned or operated by JWWTP treats leachate from the landfill or landfills that may have been disposed of CWD- infected cervid carcasses; and WHEREAS, JWWTP has agreed to treat the leachate that has, or may have been, in contact with cervids that have been processed or handled in conjunction with the CWD Program, and said animals may have CWD. NOW, THEREFORE, the parties hereto agree as follows: 1. The State hereby agrees to indemnify JWWTP and it employees, officers, and agents against liability for damage to persons, property, or the environment resulting from the treatment and disposal of leachate from a landfill or landfills that have disposed of CWD infected cervid carcasses if the JWWTP has operated the wastewater treatment facility in compliance with Paragraph 6. 2. The method for determining whether the JWWTP is liable for damages described in Paragraph 1 is as follows: a. By final judgment of a court having jurisdiction over the matter, after any appeals have been exhausted; b. By settlement accepted in writing by the Governor and approved by a court having jurisdiction over the matter; or c. By written agreement of JWWTP, the Department, and the Governor. 3. JWWTP shall notify the Department and the Attorney General in writing within 10 days when a claim or lawsuit to which the Agreement may apply is filed. Moreover, this Agreement authorizes the Attorney General to intervene on behalf of JWWTP and this State in any lawsuit to which the Agreement may apply. 4. The Department agrees that pursuant to WIS STAT. ss. 803.03 (1) it is a necessary party for the just and complete adjudication of any action files against JWWTP alleging liability for damage to persons, property, or the environment resulting from the processing or disposal of leachate that may have come from a landfill that had disposed of CWD infected cervid carcasses. If the Department is not originally named as a party to such an action, the Department agrees and consents to joinder as a third-party defendant to WIS STAT. ss. 803.05 (1); and further agrees to fully defend all claims arising out of the same transaction, occurrence, or series of transactions or occurrences that is the subject of the plaintiff’s complaint, so long as such transactions or occurrences relate to the conditions under the indemnification agreement for which the State would indemnify. 5. JWWTP agrees that it shall minimize risks related to treatment, processing and disposal of leachate from landfills that contain potentially CWD-infected cervid carcasses. 6. In order to minimize risks related to the treatment of leachate generated by landfills containing CWD infected cervid carcasses JWWTP shall operate the wastewater treatment facility and land apply biosolids in compliance with the WPDES permit and all applicable rules, including Chapter NR 204. 7. This Agreement may not be construed as consent to sue this state. 8. This Agreement is effective upon signature by the Governor. Wisconsin Department of Natural Resources By: ________________________ Dated: __________________ Matthew J. Frank, Secretary City of Janesville Wastewater Treatment Plant By: ________________________ Dated: __________________ Jacob J. Winzenz, Director of Administrative Services/Assistant City Manager Approved: ___________________________ Dated: ___________________ Jim Doyle Governor, State of Wisconsin Approved as to form y Wald Klimczyk, City Attorney J:\Services\Wastewater Utility\Administration – Wastewater Utility\Documentation\Special Projects\CWD Cervids Disposal\CWD Indemnification Agreement 062309.docx ADMINISTRATIVE SERVICES MEMORANDUM November 2, 2009 TO: City Council FROM: Patty Lynch, Comptroller SUBJECT: Action on a Proposed Resolution Authorizing the City Manager to Make an Application to the County for an Exemption from the Library Tax Levy (Res. #2009-653) Summary The City of Janesville can receive an exemption from its share of the Rock County library tax levy because the Hedberg Public Library expends an amount greater than our share to the Rock County Arrowhead Library System’s appropriations. The City Council must annually adopt a resolution authorizing the City Manager to make application for this exemption. Recommendation The Administrative Services Department recommends the City council adopt Resolution #2009-653 authorizing the City manager to make an application to Rock County for an exemption for the Library tax levy. City Manager Recommendation The City Manager recommends approval. Suggested Motion I move to adopt Resolution #2009-653. Background The Arrowhead Library System provides library services to residents of Rock County who are not directly served by local library facilities. In addition, the Arrowhead Library System provides the mechanism for giving township residents free access to the seven municipal libraries located in Rock County by compensating the libraries for allowing township residents to use the municipal libraries. They receive their funding by a direct appropriation from the County. The County’s 2009 appropriation for this purpose was $949,727. Pursuant to State Statutes 43.64(2), any city, town, or village in a county levying a tax for county library services would be exempted from its share of the county tax levy, if it intends to expend, from the local tax levy for library services, a sum at least equal to the sum it would have had to pay towards the prior year’s county tax levy. As the Hedberg Public Library proposes in 2010 to appropriate and expend an amount greater than what our share of Rock County’s 2009 Arrowhead Library System’s appropriation would have been, we can apply for and receive Rock County’s exemption by filing an application with the County. cc: Jacob J, Winzenz, Director of Admin. Services / Assistant City Manager Eric J. Levitt, City Manager RESOLUTION NO. 2009-653 A RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE THE APPLICATION TO THE COUNTY OF ROCK, WISCONSIN, FOR AN EXEMPTION FROM THE LIBRARY TAX LEVY WHEREAS, the Rock County Board of Supervisors, pursuant to Wisconsin State Statutes 43.64, has adopted a county-wide library service plan; and WHEREAS, such service plan provides for the County to levy a tax to fund such service; and WHEREAS, the County has approved the Arrowhead Library System’s funding of $949,727 for 2009; and WHEREAS, pursuant to Wisconsin State Statutes 43.64(2), any city, town, or village in a county levying a tax for a county library under sub. (1) shall, upon written application to the county board of the county, be exempted from the tax levy, if the city, town, or village making the application appropriates and expends for a library fund during the year for which the tax levy is made a sum at least equal to the sum which it would have to pay toward the county tax levy in the prior year; and WHEREAS, the City of Janesville will expend for a library fund a sum at least equal to the sum it would have to pay toward the prior year’s county tax levy and thus qualified for such exemption; NOW, THEREFORE BE IT RESOLVED by the Common Council of the City of Janesville that the City Manager be and hereby is directed to make the application to the County of Rock, Wisconsin, for any exemption from the library tax levy. 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: Accounting Prepared by: Accounting Community Development Department Memorandum Date: October 13, 2009 TO: Eric Levitt, City Manager FROM: Duane Cherek, Planning Services Manager SUBJECT: Introduction, refer to Plan Commission and schedule a public hearing on a proposed ordinance creating Chapter 18.80 Airport Overlay Zoning District to the City of Janesville Zoning Ordinance (File Ordinance No. 2009-444). _____________________________________________________________________ As owner and operator of the Southern Wisconsin Regional Airport, the Rock County Board of Supervisors directed the County Planning & Development Agency to create an Airport Land Use Plan and Overlay Zoning Ordinance to ensure long-term viability of the Airport, while protecting the health, safety and welfare of citizens and airport users. The plan and ordinance are designed to ensure that compatible land uses are maintained in the immediate vicinity of the airport. The ordinance establishes protection zones and certain land use restrictions within a 3-mile jurisdictional boundary around the airport. In early 2007, an Advisory Committee was established to assist the efforts of Meade & Hunt, a consulting firm hired to prepare the Airport Land Use Plan and Overlay Zoning Ordinance. The Advisory Committee included representation from the surrounding Towns, the City of Janesville, Rock County officials, State DOT and other users of the airport. After two years of preparation and review, the Rock County Board adopted the land use plan and overlay zoning ordinance in April 2009. Pursuant to the Rock County Ordinance, the City and all Towns are required to comply with the ordinance which shall take effect on January 1, 2010. A transfer of jurisdictional control to regulate land use by the City of Janesville can be implemented through local adoption of an ordinance establishing an Airport Overlay Zoning District. The locally adopted ordinance must include and maintain consistency with those provisions set forth in the County Ordinance. File Ordinance No. 2009-444 has been prepared to satisfy those requirements. Preparation of File Ordinance No. 2009-444 proposes to create a new Chapter (18.80) in the Zoning Ordinance entitled Airport Overlay Zoning District (AOZD) for the Southern Wisconsin Regional Airport. It is important to note that the Community Development Department worked closely with the Rock County Officials during preparation of the County Ordinance to ensure that ordinance language was written to be consistent with both City and County development processes . The Community Development Department recommends that following the first reading of Ordinance 2009-444, it be referred to the Planning Commission for review and recommendation and scheduled for a City Council public hearing on December 14, 2008. cc: Brad Cantrell Jay Winzenz ORDINANCE NO. 2009-444 An ordinance repealing Section 18.32.050, amending Section 18.24.090, and creating Chapter 18.80, Airport Overlay Zoning District (AOZD), of the Code of General Ordinances of the City of Janesville, with penalties for violations thereof, together with the cost of prosecution, with remedies upon default of forfeiture payment and injunctive relief, all in the manner set forth in Section 18.80.150 and Chapter 18.28, respectively, of the Code of General Ordinances of the City of Janesville. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I . Section 18.32.050 of the Code of General Ordinances of the City of Janesville is hereby repealed. All subsequent subsections of Chapter 18.32 are hereby renumbered accordingly. 18.32.050 HEIGHT LIMITATIONS IN VICINITY OF AIRPORT . The maximum height for all buildings and structures located within the vicinity of the Rock County Airport shall not exceed the elevation in feet as delineated upon the Rock County height limitation zoning map. This map, a part of the airport master plan, is adopted and made a part of this title and can be found on file in the office of the city clerk. SECTION II. Section 18.24.090 of the Code of General Ordinance of the City of Janesville is hereby amended to read as follows: “18.24.090 Fee Schedule. A. The fee schedule is as follows: Condition Use Permit (PUD) $0 Conditional Use Permit (Variable) 0 to 10,000 sq ft or less than 1 acre $500 10,000 to 25,000 sq ft or 1 to 5 acres $1,000 Greater than 25,000 sq ft or 5 acres $1,500 Conditional Use Amendments $350 Application for Rezoning (Variable) R1, R2, Conservancy or Agriculture $300 Multi-Family, Office, Comm. Or Indust. $500 Zoning Ordinance Amendment $500 Application for Change of Nonconforming Use $250 Filing of Appeal to Zoning Board of Appeals (Variable) 1. Appeal of an Administrative Decision $50 2. Variation of Ordinance Standard $200 Site Plan Review (Variable) Addition $150 New Building $250 Airport Overlay District Zoning/Building Permit $50 SECTION III. Chapter 18.80 of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: Chapter 18.80 AIRPORT OVERLAY ZONING DISTRICT 18.80.010 TITLE 18.80.020 EFFECTIVE DATE 18.80.030 GENERNAL PROVISIONS 18.80.040 AUTHORITY 18.80.050 PURPOSE AND INTENT 18.80.060 ABROGRATION AND GREATER RESTRICTIONS 18.80.070 INTERPRETATION 18.80.080 SEVERABILITY 18.80.090 ORDINANCE SUPERSEDES CONFLICTING ORDINANCE 18.80.100 JURISDICTION 18.80.110 STATE AND LOCAL AGENCIES REGULATED 18.80.120 DISCLAIMER OF LIABILITY 18.80.130 USE RESTRICTIONS 18.80.140 PENALTIES 18.80.150 VIOLATIONS 18.80.160 ADMINISTRATION 18.80.170 BOARD OF ADJUSTMENT 18.80.180 FEES 18.80.190 APPLICANT’S RECORDED AFFIDAVIT ACCEPTING MITIGATION RESPONSIBILITIES 18.80.200 AIRPORT OVERLAY ZONING DISTRICTS 18.80.210 ESTABLISHMENT OF AIRPORT OVERLAY ZONING DISTRICTS 18.80.220 ZONING MAP AND DISTRICT BOUNDARIES 18.80.230 AIRPORT OVERLAY ZONING DISTRICT 18.80.240 DEFINITIONS 18.80.010 TITLE This Ordinance shall hereafter be known, cited, or referred to as the Airport Overlay Zoning District (AOZD) of the Southern Wisconsin Regional Airport. 18.80.020 EFFECTIVE DATE This Ordinance shall be effective January 1, 2010, after adoption by the Common Council and publication as provided by law. Amendments to this Ordinance shall be effective after adoption 18.80.030 GENERAL PROVISIONS The Common Council of the City of Janesville do ordain the creation of the Airport Overlay Zoning District (AOZD) Ordinance (hereafter referenced as the Ordinance) of the Southern Wisconsin Regional Airport. 18.80.040 AUTHORITY This Ordinance is adopted pursuant to the authority granted by Sections 114.135 and 114.136 of the Wisconsin State Statutes. Further authorization is granted by Sections 32.05, 59.52, 59.58, 59.69, 60.61, 62.23, 85.02, 85.15, and Chapter 114 of the Wisconsin Statutes, as well as Chapter TRANS 56 of the Wisconsin Administrative Code. 18.80.050 PURPOSE & INTENT A. The general purpose and intent of this Ordinance is to: 1. Promote public health, safety, convenience, and general welfare of the County and its residents; and 2. Protect the Airport approaches and surrounding airspace from encroachment, as well as limit the exposure of impacts to persons and facilities in proximity to the Airport, located within the Southern Wisconsin Regional Airport Overlay Zoning District. B. The specific purpose and intent of this Ordinance is to: 1. Impose land use controls, which are in addition to those underlying zoning classifications, that will maintain a compatible relationship between airport operations and existing and future land uses within the three (3)-mile jurisdictional boundary; 2. Regulate and restrict the height of structures and objects of natural growth, concentrations of people (density), visual obstructions (smoke, steam, dust, etc.), electrical and navigational interference, noise sensitive land uses, and wildlife and bird attractants; 3. Implement recommendations developed in the Southern Wisconsin Regional Airport Master Plan, Airport Land Use Plan, and/or Airport Layout Plans; 4. Promote compatible land uses while respecting the physical characteristics of the County, the Southern Wisconsin Regional Airport, and locations and sites; 5. Promote development in an orderly, planned, cost-effective, and environmentally- sound manner; 6. Regulate and restrict building sites, placement of structures, and land uses by separating conflicting land uses and prohibiting certain land uses that are detrimental to airport operations, navigable airspace, and the Southern Wisconsin Regional Airport; 7. Provide a uniform basis for the preparation, implementation, and administration of sound airport protection regulations for all areas within the three (3)-mile jurisdictional boundary of the Airport Overlay Zoning District within the County to protect the health, safety, and welfare of the County residents; 8. Provide a quality environment for human habitation and for encouraging the most appropriate use of land within the three (3)-mile jurisdictional boundary within the County; and 9. Control placement of buildings, heights of structures and natural vegetation, and designation of land uses to limit conflicts with airport operations, navigable airspace, and provide for the public health, safety, and welfare of County residents located in the vicinity of the Southern Wisconsin Regional Airport. 18.80.060 ABROGATION & GREATER RESTRICTIONS This Ordinance is not intended to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, or deed restrictions. However, wherever this Ordinance imposes greater restrictions, the provisions of this Ordinance shall govern. 18.80.070 INTERPRETATION In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements, shall be liberally construed in favor of City of Janesville, and shall not be deemed a limitation or repeal of any powers granted to the City of Janesville by the Wisconsin Statutes. 18.80.080 SEVERABILITY Each section, paragraph, sentence, clause, word, and provision of this Ordinance is severable. If any provision is adjudged unconstitutional or invalid for any reason, such decision shall not affect the remainder of this Ordinance. 18.80.090 ORDINANCE SUPERCEDES CONFLICTING ORDINANCES All other ordinances or parts of ordinances of the City of Janesville inconsistent or conflicting with the provisions set forth in this Chapter, to the extent of the inconsistency only, are hereby superseded by this Chapter. and publication. 18.80.100 JURISDICTION A. The jurisdiction of this Ordinance shall extend over all lands and waters within the three (3)-mile jurisdictional boundary of the AOZD, as those boundaries now exist and as they are amended in the future. B. The regulations of the AOZD shall apply: 1. To all properties within the three (3)-mile jurisdictional boundary identified by the application of Section 114.136 of the Wisconsin Statutes, measured from the Southern Wisconsin Regional Airport property line, regardless of the municipal boundary. 2. To the properties within Rock County, Town of Beloit, Town of Janesville, Town of La Prairie, Town of Rock, Town of Turtle, and City of Janesville, all of which lie entirely or partially within the three (3)-mile jurisdictional boundary of the AOZD. 3. To the limits represented by five (5) independent zones which are defined in Section 18.80.210 of this Ordinance. 18.80.110 STATE AND LOCAL AGENCIES REGULATED Unless specifically exempted by law, all Cities, Villages, Towns, and Counties are required to comply with this Ordinance and obtain all necessary permits. State agencies are required to comply if Section 13.48(13) of the Wisconsin Statutes, applies. 18.80.120 DISCLAIMER OF LIABILITY The degree of protection provided by this Ordinance relative to aircraft operation and aircraft overflights is considered reasonable for regulatory purposes and is based on Federal Aviation Administration (FAA) Advisory Circular (AC) 150/5300-13, Airport Design Standards and Federal Aviation Regulations (FAR) Part 77, Objects Affecting Navigable Airspace. Therefore, this Ordinance does not imply that land uses within the vicinity of the Southern Wisconsin Regional Airport will be totally free from aircraft noise impacts, aircraft operations, and aircraft overflights. Nor does this Ordinance create liability on the part of, or a cause of action against, the Southern Wisconsin Regional Airport, Rock County, Town of Beloit, Town of Janesville, Town of La Prairie, Town of Rock, Town of Turtle, City of Janesville, or any officer or employee thereof, for incidents that may result from reliance on this Ordinance. 18.80.130 USE RESTRICTIONS Through the use of the Southern Wisconsin Regional Airport Height Zoning Map, heights of structures and features, both man-made and natural growth, shall be limited. The following uses shall also be restricted and regulated as specified within this Ordinance: A. The following specific use restrictions and regulations shall also apply: 1. Existing Uses. Nothing contained in this Ordinance shall require the removal of or any change in the construction, alteration, location, or use of any existing use; this includes the construction, alteration, or use of property or structural improvements lawfully in existence at the time of the effective date of this Ordinance, or which commenced prior to the effective date of this Ordinance, and has been completed or is being diligently pursued. This includes vacant platted lots that were established to accommodate proposed development prior to the effective date of the Ordinance. It is further provided that the height limits of this Ordinance shall in NO event be exceeded. a. Partial Destruction. The owner of any existing use, building, or structure which, as a result of fire, explosion, or other casualty is destroyed, shall be allowed to rebuild, reconstruct, or rehabilitate the same existing use on the same parcel, provided the following requirements are met: 1. The existing use is reviewed and complies with the Southern Wisconsin Regional Airport Height Zoning Map, the land use restrictions as provided in Tables 4 – 10 (requiring a Zoning/Building Site Permit and Affidavit (Applicant’s Recorded Affidavit Accepting Mitigation Responsibilities), when specified), and is not otherwise prohibited by the underlying zoning ordinance of the municipality with jurisdictional authority. 2. Expansion of Existing Uses. Any existing use, as described in this Ordinance, may be expanded, altered, or otherwise enlarged as long as the following requirements are met: a. The expansion, alteration, or enlargement meets the requirements of the Southern Wisconsin Regional Airport Height Zoning Map, the land use restrictions as provided in Tables 4 – 10 (requiring a Zoning/Building Site Permit and Affidavit (Applicant’s Recorded Affidavit Accepting Mitigation Responsibilities), when specified), and is not otherwise prohibited by the underlying zoning ordinance of the municipality with jurisdictional authority. 3. Permitted Uses are those land uses generally considered compatible within a particular zone of the AOZD. Compatible land uses do NOT impact or create hazardous conditions for aircraft, airport operational areas, or aircraft overflight areas, and are considered reasonably safe for area residents. Permitted Uses, however, shall conform to all Height Restrictions within the AOZD, and may be required by the Committee Designee to ensure height compliance. A Zoning/Building Site Permit and Affidavit (Applicant’s Recorded Affidavit Accepting Mitigation Responsibilities), is NOT required for compliance with THIS Ordinance. 4. Permit Required Uses are those land uses that shall be permissible following the issuance of a City of Janesville Zoning/Building Site Permit. The Permit, which may include development and use related conditions, along with a signed Affidavit (Applicant’s Recorded Affidavit Accepting Mitigation Responsibilities), notifies applicants of their responsibilities and required mitigation for any construction, alteration, location or use of land to minimize potential hazardous impacts to the Southern Wisconsin Regional Airport, aircraft, airport operational areas, and aircraft overflight areas, as well as residents of the area. 5. Not Permitted Uses are those land uses generally considered NOT compatible (incompatible) or NOT permitted within a particular zone of the AOZD. Incompatible land uses endanger the health, safety, and welfare of Rock County residents and aircraft utilizing the Southern Wisconsin Regional Airport. 18.80.140 PENALTIES Any person, firm, or corporation who fails to comply with or violates the provisions of this Ordinance shall, upon conviction thereof, forfeit not less than five hundred dollars ($500) and no more than five thousand dollars ($5,000), plus the costs of prosecution, for each violation. Each day a violation exists or continues shall constitute a separate offense. The City of Janesville Citation Ordinance (Chapter 18.28) may also be used to address Ordinance violations. 18.80.150 VIOLATIONS A. It shall be unlawful to construct or use any structure, land, or water in violation of any of the provisions of this Ordinance. In case of any violation, the Community Development Director, and/or his/her designee(s) may institute appropriate action or proceeding to enjoin a violation of this Ordinance or cause structure or use to be vacated or removed. The building official may refer violations to the city attorney who may prosecute such violations according to the penalties provided in Section 18.28.010. B. Any person, firm, corporation, cooperative or other entity of whatsoever kind or nature who violates any provision of this chapter shall pay a forfeiture and shall be otherwise penalized as set forth in Section 18.28.010. C. Each day’s continuance of any violation constitutes a separate violation. D. In addition to and not in lieu of any forfeiture imposed herein, the City may apply for and the court may grant, from time to time, injunctive relief including, but not limited to, abatement and mandatory performance. 18.80.160 ADMINISTRATION A. DESIGNATION. The Common Council hereby designates the Community Development Director (hereinafter referred to as Director) and/or his/her designee(s) to administer and enforce the provisions of this Chapter. In the event of any conflict, the determination or interpretation of the Community Development Director shall prevail. B. RESPONSIBILITIES. The Director is hereby delegated the responsibility and authority to: 1. Approve or conditionally approve Zoning/Building Site Permits that do NOT exceed required height restrictions; 2. Advise applicants of the provisions of this Ordinance and assist them in preparing permit applications and appeals; 3. issue permits and inspect any building site or improvement or use of land as required by this Ordinance; 4. investigate and issue Citations for violations of this Ordinance; 5. maintain records of approvals, denials, conditions of approvals, and inspections made, and maintain a complete public record of all proceedings; 6. maintain on file a list of all documentation of certified elevations; and 7. review and make recommendations to the County Board of Supervisors on all zoning map changes and amendments to the text of Land Control Ordinances, including the Airport Overlay Zoning District Ordinance; and C. POWERS. The Director shall have all the powers necessary to enforce the provisions of this Ordinance without limitation by reason of enumeration, including the following: 1. To require complete and accurate information necessary to make reasonable evaluations of applications; 2. to hear and grant applications for unclassified and unspecified uses, provided that such uses are similar in character to the principal uses permitted in the district; and 3. to hear and grant applications for temporary uses in any district, provided that such uses are of a temporary nature, do NOT involve the erection of a substantial structure(s), and are compatible with neighboring uses. The permit shall be temporary, revocable, subject to any conditions required by the Director and shall be issued for a period not to exceed twelve (12) months. Compliance with all other provisions of this Ordinance shall be required. D. ZONING/BUILDING SITE PERMIT. When required by this Ordinance, a Zoning/Building Site Permit (valid for one (1) year) shall be obtained from the Director and/or his/her designee before the removal of or any change in the construction, alteration, location, or use of any existing use or proposed use. In all cases, the height limits of this Ordinance shall NOT be exceeded. The Zoning/Building Site Permit (for Permit Required Uses or for Existing Uses when specified), which may include development and use related conditions, along with a signed Affidavit (Applicant’s Recorded Affidavit Accepting Mitigation Responsibilities), notifies applicants of their responsibilities and required mitigation for any construction, alteration, location or use of land to minimize potential hazardous impacts to the Southern Wisconsin Regional Airport, aircraft, airport operational areas, and aircraft overflight areas, as well as residents of the area. Failure to obtain a Zoning/Building Site Permit when required, shall be a violation of this Ordinance. Application for a permit shall be made to the Director and/or his/her designee upon furnished application forms and shall include the following data: 1. Name and address of the applicant, property owner, and contractor- builder; an accurate properly dimensioned map of the property, in duplicate showing; 2. legal description of the property, the type of proposed use, and an indication as to whether new construction or a modification to an existing structure is involved; 3. a description of the proposed land use and building materials and landscaping materials; 4. when the Director deems necessary, the elevation of the highest point of the structure, object, or natural vegetation using National Geodetic and Vertical Datum when locating within the individual zone of the AOZD, including existing ground elevations reporting in Mean Sea Level (MSL), height of the structure or object above ground measured in feet (AGL), and top elevation measured in MSL; 5. when the Director deems necessary, evidence of submission for a Federal Aviation Administration (FAA) Form 7460-1, Notification of Proposed Construction or Alteration, commonly known as an “airspace review”. Receipt of final determination letter from the FAA is required prior to final approval or denial of a Zoning/Building Site Permit (as required for Permit Required Uses or for Existing Uses when specified); 6. applicant’s affidavit accepting mitigation responsibilities to ensure that any use, construction or alteration of such use is compatible with this Ordinance; and 7. OTHER PERMITS. It is the responsibility of the applicant to secure all other necessary permits from all appropriate federal, state, and local agencies. E. APPLICATION INFORMATION. In order to secure evidence upon which to base its determination, the Director may require, in addition to the information required on Permit Application, the submission of plans of buildings; arrangement of operations; plat of grounds showing location and elevation of buildings, stockpiles, wells, septic systems, equipment storage, fences or screens, parking areas, traffic access, fill areas, flood proofing measures, landscaping; and any other pertinent information that may be necessary to determine if the proposed use meets the requirements of this Ordinance. 1. Plans drawn to a scale of not less than one (1) inch equals two hundred (200) feet showing the location, dimensions, elevations, and contours of the site; elevations of all pertinent structures, fill, or storage areas; size, location, and spatial arrangements of all proposed and existing structures on the site; location and elevations of streets, water supply, and sanitary facilities; and the relationship of the above to the Southern Wisconsin Regional Airport, as well as a particular zone(s) of the AOZD. F. STANDARDS APPLICABLE TO ALL PERMIT REQUIRED USES WITHIN THE AIRPORT OVERLAY ZONING DISTRICT. Upon reviewing a Zoning/Building Site Permit application in the AOZD, the Director shall consider the factors listed below. In addition, the Director is not authorized to allow any use to exceed a height limitation in the AOZD. 1. Potential to create an undue concentration of people (density); 2. potential to cause visual obstructions (through the creation of smoke, steam, dust, lighting or other unspecified obstruction) that would adversely effect aircraft operational areas and airspace, and specifically the proximity to runway ends, runway surfaces and extended runway centerlines; 3. potential for noise sensitivity, and when necessary, ensuring building construction that reduces airport related noises for proposed uses; 4. creation of electrical or navigational interference; 5. creation of standing water areas or detention/retention ponds which may attract wildlife, thus designing or mitigating standing water areas or detention/retention ponds to avoid attracting wildlife; 6. creation of wildlife attractants other than water; 7. potential storage of flammable or hazardous materials limits as defined by the Wisconsin Commercial Building Code; 8. at the owner's expense, the technical expertise of a professional surveyor and/or engineer to determine exact locations and elevations. This may be done to confirm the accuracy of information supplied by the applicant. G. CONDITIONS OF APPROVAL. Upon consideration of the factors listed above, the Director may deny or approve the issuance of a Zoning/Building Site Permit; any approval may require attached conditions the Committee Designee deems necessary in furthering the purpose of this Ordinance. Violation of any of these conditions shall be deemed a violation of this Ordinance. H. APPEALING DECISIONS OF THE DIRECTOR. If the Director and/or his/her designee denies or conditionally approves a Zoning/Building Site Permit and the applicant disagrees with such decision, the applicant may appeal such denial or condition to the Plan Commission. Such an appeal shall be signed and filed in writing with the Community Development Department within thirty (30) days following the Committee Designee’s determination or be forever barred. The Plan Commission may affirm, overrule or modify a decision of the Director and/or his/her designee. 18.80.170 BOARD OF ADJUSTMENT There is hereby established a Zoning Board of Appeals pursuant to Section 62.23(7) of the Wisconsin Statutes. As prescribed, City Ordinance 18.24 – Procedures for the Zoning Board of Appeals, are hereby referenced and made part of this Ordinance. A. Any person, office, or department aggrieved by an order, requirement, interpretation, or determination made by the Director and/or his/her designee may appeal such decision to the City of Janesville Board of Appeals for final judgment. B. Use variances shall not be granted under the Ordinance. C. Height variances shall not be granted under this Ordinance. D. Where the Zoning Board of Appeals finds that unnecessary hardships or practical difficulty will result from strict compliance with these regulations, they may approve variances so that substantial justice may be done and the public interest is secured. Such variance shall not have the effect of nullifying the intent and purpose of these regulations. The Board of Appeals shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that: 1. The proposed variance request is not contrary to the public interest and is consistent with the intent of applicable ordinances and will not compromise public safety and welfare (will not hinder airport operations and/or future growth of the Southern Wisconsin Regional Airport); 2. the proposed variance will not serve as a special privilege and is justified based on special conditions on the property, which are not shared by other properties in the same locality or district (for example, lot shape, elevation or topography); 3. a strict and literal interpretation of the Ordinance will result in a practical difficulty and unnecessary hardship on the property owner (hardship shall be distinguished from inconvenience); 4. the variance is not requested because of a self-imposed hardship; 5. shall not be granted solely on the basis of economic gain or loss; and 6. shall not be granted for actions which require an amendment to this Ordinance or the Map(s) described in any Section of this Ordinance. E. CONDITIONS. In approving variances, the Zoning Board of Appeals may require conditions that will, in its judgment, substantially secure the objectives of the standards or requirements of these regulations. F. PROCEDURES. An appeal or an application for a variance shall be submitted to the Zoning Board of Appeals within thirty (30) days of the action of the Director and/or his/her Designee. G. In all cases, the person contesting the location of the district boundary shall be given a reasonable opportunity to present arguments and technical evidence to the Board of Appeals. Where it is determined that the district boundary is incorrectly mapped, the Board should either inform the Director to proceed to petition Rock County or inform the person contesting the location of the boundary to petition Rock County, for a map amendment pursuant to Chapter 29 of the Rock County Code of Ordinances. 18.80.180 FEES A. At the time of application, the property owner or his/her agent shall pay the fees established pursuant to Section 18.24.090 – Fee Schedule. 18.80.190 APPLICANT’S RECORDED AFFIDAVIT ACCEPTING MITIGATION RESPONSIBILITIES For all Permit Required Uses or for Existing Uses when specified, the following information shall be noticed to each applicant indicating the responsibilities of the applicant to mitigate any construction, alteration, location or use of land to minimize potential hazardous impacts to the Southern Wisconsin Regional Airport, aircraft, airport operational areas, and aircraft overflight areas, as well as Rock County residents. Failure of applicant to mitigate potential hazardous impacts shall be a violation of the terms and requirement of this Ordinance. A signed and accepted Affidavit must be recorded in the Rock County Register of Deeds. Permitted Uses under this Ordinance are NOT required to secure a Zoning/Building Site Permit or Affidavit. Those potential impacting issues are listed below: A. SITE DESIGN AND PHYSICAL CHARACTERISTICS 1. Existing topography, drainage patterns, and vegetative cover and the suitability of the proposed use in that regard. 2. Proximity of runway environs and extended runway centerline areas. 3. Location of any linear roadways, relative to the alignment of the runway or the extended runway centerline. B. NOISE SENSITIVITY 1. Insulate the structure/land use to reduce noise impacts. 2. Use airport compatible landscaping material to mitigate noise exposure. 3. Shift the structure or land use to allow for a more compatible location. C. TALL STRUCTURES 1. Lower the structure or land use to a compatible height. 2. Shift the structure or land use to allow for a more compatible location. D. VISUAL OBSTRUCTIONS 1. Install down shielded light fixtures. 2. Reduce the number of lighting fixtures, while still illuminating the land use area safely. 3. Configure lighting so it does not align with a runway or airport facility, making it easier for a pilot to distinguish the Airport from the development. 4. Limit reflective building materials, such as mirrored/reflective glass, solar panels, metal roofs, etc., within the vicinity of the Airport. 5. Locate areas of water away from the Airport to minimize reflection. 6. Shift the structure or land use within the site so that prevailing wind directions carry smoke, steam, or dust away from the Airport. 7. Change land use activity to reduce or limit emissions of smoke, steam, or dust. E. WILDLIFE AND BIRD ATTRACTANTS 1. Select and space vegetative species to minimize habitats and food sources. 2. Maintain appropriate grass lengths to minimize wildlife attractants. 3. Prohibit certain agricultural crops near the Airport. 4. Eliminate or mitigate standing water bodies that provide water and habitat. 5. Use repellents to disperse wildlife in a humane manner. 18.80.200 AIRPORT OVERLAY ZONING DISTRICTS A. AIRPORT OVERLAY ZONING DISTRICT. All Southern Wisconsin Regional Airport Overlay Zoning Districts established by this Ordinance are shown on the Southern Wisconsin Regional Airport Overlay Zoning District Map on file with the County Planning and Development Agency and Janesville Community Development Department and are adopted as part of this Ordinance. B. AIRPORT HEIGHT ZONING DISTRICT. All height zones established by this Ordinance are shown on the Southern Wisconsin Regional Airport Height Zoning Map on file with the County Planning and Development Agency and Janesville Community Development Department and are adopted as part of this Ordinance. 1. Height Limitations. No building, structure, object, or vegetation (e.g. trees, shrubs) shall be constructed, erected, altered, allowed to grow, or planted within any AOZD established by this Ordinance to a height in excess of the applicable height limitations as shown on the Southern Wisconsin Regional Airport Height Zoning Map, which is maintained by the County Planning and Development Agency and also kept on file in the Janesville Community Development Department. The permitted height shall not exceed the height limitation elevations shown on the Southern Wisconsin Regional Airport Height Zoning Map within the various zones encompassed by this Ordinance. 18.80.210 ESTABLISHMENT OF AIRPORT OVERLAY ZONING DISTRICTS For the purpose of this Ordinance, the area of Rock County under the jurisdiction of this Ordinance is hereby divided into the following districts and zones: A. Airport Overlay Zoning District ?Zone A – Runway Protection Zone (RPZ) ?Zone B1 – Approach Surface ?Zone B2 – Approach Surface ?Zone C – Transitional Surface ?Zone D –Three (3)-Mile Jurisdictional Boundary B. Airport Height Zoning District 18.80.220 ZONING MAP AND DISTRICT BOUNDARIES A. The boundaries of each district are established as shown on a map entitled Southern Wisconsin Regional Airport Overlay Zoning District Map, Rock County, Wisconsin, dated April 23, 2009 and the Height Restrictions are established on a map entitled Southern Wisconsin Regional Airport Height Zoning Map, Rock County, Wisconsin, dated December 11, 2003 as amended and adopted on April 23, 2009 by the Rock County Board of Supervisors. The Southern Wisconsin Regional Airport Overlay Zoning District Map and Southern Wisconsin Regional Airport Height Zoning Map bear the signature of the County Board Chairman attested by the County Clerk and shall be on file in the County Planning and Development Agency and Janesville Community Development Department be readily available to the public. B. The AOZD, as presented in this Section, has been created for the purpose of imposing special regulations in designated areas of Rock County to accomplish specific purposes that are set forth within each individual AOZD. The AOZD shall be in addition to, and shall overlap and overlay, all other zoning districts within the three (3)-mile jurisdictional boundary of the Southern Wisconsin Regional Airport. 1. The Southern Wisconsin Regional Airport Height Zoning Map dated December 11, 2003, as amended, accompanies and is made part of this Ordinance. The elevation numbers indicated within each cell are established as shown on a map entitled “Southern Wisconsin Regional Airport Height Zoning Map, Rock County Wisconsin,” dated December 11, 2003 as amended. Cell elevation numbers indicated on this Map provide the maximum permissible height above mean sea level (MSL), which buildings, structures, objects, or vegetation in that cell shall NOT exceed. The provisions of the AOZD within this Ordinance shall apply to all cell areas indicated on this Map. 2. The Airport Overlay Zoning Districts are established as shown on the Airport Overlay Zoning District Map entitled “Southern Wisconsin Regional Airport Overlay Zoning District Map, Rock County, Wisconsin,” dated April 23, 2009 as amended. This Airport Overlay Zoning District Map is to be used in conjunction with the Southern Wisconsin Regional Airport Height Zoning Map, and is made part of this Ordinance. Federal Aviation Regulations (FAR) Part 77 Surfaces and FAA Runway Protection Zones (RPZs) have been utilized to create five individual zones as part of the AOZD associated with compatible land use near the Southern Wisconsin Regional Airport. These districts encompass a three (3)-mile radius from the Southern Wisconsin Regional Airport property line, as authorized by Wisconsin Statutes. 18.80.230 AIRPORT OVERLAY ZONING DISTRICT A. PURPOSE OF AIRPORT OVERLAY ZONING DISTRICT. The purpose of the AOZD is to provide a means of attaining the goals and objectives of the Rock County Comprehensive Plan and the Southern Wisconsin Regional Airport Master Plan, Airport Land Use Plan, and/or Airport Layout Plans, and to protect a public airport from incompatible uses of land, people, and property from encroaching into areas where historical and practical experience indicates that conflict will result. B. AIRPORT LAND USE ZONES. The AOZD is comprised of five individual zones, which include A, B1, B2, C, and D. C. ZONES ENFORCED BY THIS ORDINANCE 1. PRIMARY SURFACE. The primary surface is the only FAR Part 77 Surface that is not specifically used as a land use compatibility zone due to its proximity to the runway environs. This surface area must be owned and under the control of the Airport. The primary surface must be clear of all obstructions except those fixed by their function, such as runway edge lights, navigational aids, or airport signage. The primary surface is currently controlled by the Southern Wisconsin Regional Airport. Even though the primary surface is not included as a land use zone, it functions as an important safety area since it is longitudinally centered on a runway and is intended to provide an Object Free Area (OFA) around the runway surface. When a runway has a prepared hard surface, such as those at the Airport, the primary surface will extend two hundred (200) feet beyond each individual runway end. The following primary surface widths are applied to the specific Airport runways: ?Runway 14/32 - 1,000 feet ?Runway 04/22 - 1,000 feet ?Runway 18/36 - 250 feet Table 1,Figure1, Figure 2 and depict various dimensional requirements for the primary surface and other FAR Part 77 Surfaces. A visual approach runway has relatively small surfaces, with approach and horizontal surfaces extending five thousand (5,000) feet from the primary surface at an approach slope of twenty feet horizontally for each one foot vertically (20:1). For a non-precision approach runway, both the approach and horizontal surfaces extend either five thousand (5,000) or ten thousand (10,000) feet from the primary surface, depending on the design category of the runway. The approach surfaces for precision approach runways are similar to those for non-precision approach runways, except that the approach surface extends fifty thousand (50,000) feet from the primary surface and the horizontal surface extends ten thousand (10,000) feet from the primary surface. 2. ZONE A – RUNWAY PROTECTION ZONE (RPZ). The dimensional standards for Zone A are the same as those described in FAA AC Table 2 150/5300-13, Airport Design Standards and are illustrated in and Figure 3 . 3. ZONE B – APPROACH SURFACE. Zone B is a critical overlay zoning surface that reflects the approach and departure areas for each runway at the Airport. The size of Zone B is the combination of Zone B1 and B2 and is predicated on the approach type (visual, non-precision, or precision) at a specific runway and the type/size of aircraft utilizing the Table 3Figure 4 runway, as illustrated in and . A portion of Zone B1 is superseded by Zone A because the approach surface and RPZ overlap the entire length of the RPZ. Consequently, the length of Zone B1 begins at the inner edge of the RPZ and continues to one-half (1/2) the length of the approach surface beyond Zone A. Zone B2 is also equal to one-half (1/2) the length of Zone B, beyond Zone B1, and is located at the outer edge of the zone. 4. ZONE C – TRANSITIONAL SURFACE. The areas within Zone C are those that extend one thousand fifty (1,050) feet outward from the edge of the primary surface, paralleling the runway and extended runway centerline with Zone B1, to a length equal to the outer edge of Zone A Table 3Figure 4 and then squared to meet Zone A, as shown in the and . 5. ZONE D – THREE (3)-MILE JURISDICTIONAL BOUNDARY. Zone D encompasses the horizontal (innermost area) and conical Surface (outermost area) of the FAR Part 77 Surfaces, all of which represent the three (3)-mile jurisdictional boundary, as provided for within Wisconsin Table 3Figure 4) Statutes ( and . Zone D is calculated by intersecting a series of three (3)-mile arcs drawn from the outermost property boundaries of the Airport. Table 1 Southern Wisconsin Regional Airport Runway Information Runway Length Runway Width FAR Part 77 Runways (feet) (feet) Classifications 14 B(D) 7,300 150 32 PIR 04 PIR 6,701 150 22 B(D) 18 A(V) 5,000 75 36 A(V) A(V) – Utility and visual runway. A utility runway is constructed and intended for use by propeller-driven aircraft with maximum gross weight of 12,500 pounds or less. A visual runway is intended for the operation of aircraft using solely visual approach procedures, with no straight-in instrument approach procedure. B(D) – Non-utility and non-precision instrument runway. A non-utility runway is constructed and intended for use by aircraft with a maximum gross weight greater than 12,500 pounds. A non-precision instrument runway has an existing instrument approach procedure that utilizes air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in non-precision instrument approach procedure has been approved. PIR – Precision instrument runway has an existing instrument approach procedure that utilizes an Instrument Landing System (ILS) or a Precision Approach Radar (PAR). Source: FAR Part 77 Object Affecting Navigable Airspace Figure 1 FAR Part 77 Surfaces – Plan view Source: FAR Part 77 Object Affecting Navigable Airspace Figure 2 FAR Part 77 Surfaces – 3D Isometric View of Section A Source: FAR Part 77 Object Affecting Navigable Airspace Table 2 Airport Overlay Zone A Dimensional Requirements Dimensions Approach Visibility Length Inner Width Outer Width Runway Ends RPZ Minimums 1 LWW feet feet feet 12 acres (meters) (meters) (meters) Not lower than 1,700 1,000 1,510 14 ¾-mile (1,200m), 48.978 (510) (300) (453) all aircraft Lower than ¾-mile 2,500 1,000 1,750 32 78.914 (1,200m), all aircraft (750) (300) (525) Lower than ¾-mile 2,500 1,000 1,750 04 78.914 (1,200m), all aircraft (750) (300) (525) Not lower than 1,700 1,000 1,510 22 ¾-mile (1,200m), 48.978 (510) (300) (453) all aircraft Visual and not lower 1,000 250 450 18 than 1-mile (1,600m), 8.035 (300) (75) (135) small aircraft Visual and not lower 1,000 250 450 36 than 1-mile (1,600m), 8.035 (300) (75) (135) small aircraft 1 The RPZ dimensional standards are for the runway end with the specified approach visibility minimums. The departure RPZ dimensional standards are equal to or less than the approach RPZ dimensional standards. When an RPZ begins other than 200 feet (60m) beyond the runway end, separate approach and departure RPZs should be provided. Refer to FAA AC 150/5300-13, Change 11, Appendix 14 for approach and departure RPZs. Source: Southern Wisconsin Regional Airport, Airport Layout Plan, and information from FAA AC 150/5300-13, Change 11, Airport Design Standards Figure 3 Airport Overlay Zone A Runway Protection Zone (RPZ) Diagram Source: FAA AC 150/5300-13, Change 11, Airport Design Standards Table 3 Airport Overlay Zones B1, B2, C, and D Dimensional Requirements Dimensions in Figure 2 Runway Dimensional Standards (Feet) Item 14 32 04 22 18 36 Primary surface width 1 1,000 1,000 1,000 1,000 250 250 Zone B1 and inner width Zone B2 2 end width 4,000 16,000 16,000 4,000 1,250 1,250 Combination of 3 10,000 10,000 10,000 10,000 5,000 5,000 Zone B1 and B2 1 length Zone C 4 width 1,050 1,050 1,050 1,050 1,050 1,050 Zone D 2 5 length 15,840 15,840 15,840 15,840 15,840 15,840 1 Length of B1 and B2 begin at the edge of the primary surface. Area of B1 is located under Zone A and is superseded by Zone A requirements. 2 Zone D is located using a 3-mile radius from the outermost property limits of the Airport and drawing a smoothed curve to connect these surfaces Source: Mead & Hunt Figure 4 Airport Overlay Zones B1, B2, C, and D Diagram D. SOUTHERN WISCONSIN REGIONAL AIRPORT OVERLAY ZONING DISTRICT MAPS. The boundary of the AOZD shall extend three (3)-miles beyond the Airport property line. The AOZD utilizes two (2) maps which bear the signature of the County Board Chairman attested by the County Clerk and shall be on file in the office of the County Planning and Development Agency. 1. Southern Wisconsin Regional Airport Height Zoning Map dated December 11, 2003 as amended, accompanies this Ordinance and illustrates the allowable heights for structures, objects, and natural vegetation. NO trees shall be allowed, nor shall any structure be constructed, altered, located, or permitted which exceeds the height limitations indicated on the Southern Wisconsin Regional Airport Height Zoning Map. The maximum height elevations, measured above mean sea level (MSL), on said map are shown by topographic lines depicted in relationship to section lines and land subdivision lines on said map. 2. Southern Wisconsin Regional Airport Overlay Zoning District Map dated April 23, 2009 accompanies this Ordinance and illustrates the allowable land uses within a particular zone of the AOZD. NO land use should be allowed nor shall any structure be constructed, altered, located, or permitted which encroaches upon the Southern Wisconsin Regional Airport creating hazards for aircraft, airport operational area, and aircraft overflight areas, as well as Rock County citizens. The particular zones of the AOZD are illustrated on the Southern Wisconsin Regional Airport Overlay Zoning District Map. E. EXCEPTIONS. The restrictions contained in this Section shall not apply to legal fences when located outside the Southern Wisconsin Regional Airport property lines. F. HAZARD MARKING AND LIGHTING. Any permit may, if such action is deemed advisable by the Community Development Director and the FAA, require the owner of a structure or tree(s) to install, operate, and maintain thereon such markers, lights, and navigational aids as may be necessary to indicate to the fliers the presence of an airport hazard, at the owner’s expense. G. PROHIBITED USES IN THE AIRPORT OVERLAY ZONING DISTRICT. 1. Any use that would exceed the Height Restrictions of the AOZD. 2. No overhead electric, telephone, telegraph, or cable lines shall be erected within Zone A. H. LAND USE AIRPORT ZONE CHARTS & RESTRICTIONS. Tables 4 through 10 shall be utilized for determination of any land use within this AOZD. No construction, alteration, location or use of land shall be inconsistent with the required AOZD as outlined in Tables 4 through 10. Table 4 Residential Activities Southern Wisconsin Regional Airport Land Use Airport Zone Chart E = Existing Land Use (Development or land use currently on the ground) F = Future Land Use (Proposed future development or land use) PPR RNN = ermitted** = Permit equired = ot Permitted *Permit Required use in a location sensitive to the intent of this Ordinance, requiring the Committee Designee’s detailed attention and caution when considering conditions for a Zoning Building/Site Permit **Pendingheight restriction compliance Zone Zone Zone Zone Zone Land Uses AB1B2CD Residential Activities E F E F E F E F E F Single-Family Uses (1 dwelling per lot) Detached Single Family Dwelling (e.g. farm dwelling, detached single R N P R* P R R N P P family house, or manufactured, modular, mobile home if converted to real property and taxed) Detached Zero Lot Line Dwelling R N P R* P R R N P P (e.g. condominium) Attached Single Family Dwelling R N P R* P R R N P P (e.g. townhouse) Two Family Uses R N P R* P R R N P P (e.g. two principal dwelling units within one building on the same parcel) Multi-Family Uses (Three or more principal dwelling units within a single building on the same parcel) (e.g. apartment, condominium, townhouse-style) R N P R* P R R N P P Low-Rise (2 to 3 Levels) R N P R* P R R N P P Mid-Rise (4 to12 Levels) R N P N P R* R N P P High-Rise (13+ Levels) Group Living Uses (e.g. assisted living, group care, independent group living, nursing and convalescent home) Residential Group Living Units R N P R* P R R N P P (1 dwelling per lot) Commercial Group Living Units (e.g. apartment style dwelling unit) R N P R* P R R N P P Low-Rise (2 to 3 Levels) R N P R* P R R N P P Mid-Rise (4 to12 Levels) R N P N P R* R N P P High-Rise (13+ Levels) Manufactured Housing Parks R N P R* P R R N P P Table 5 Commercial Activities Southern Wisconsin Regional Airport Land Use Airport Zone Chart E = Existing Land Use (Development or land use currently on the ground) F = Future Land Use (Proposed future development or land use) PPR RNN = ermitted** = Permit equired = ot Permitted *Permit Required use in a location sensitive to the intent of this Ordinance, requiring the Committee Designee’s detailed attention and caution when considering conditions for a Zoning Building/Site Permit **Pendingheight restriction compliance Zone Zone Zone Zone Zone Land Uses AB1B2CD Commercial Activities E F E F E F E F E F Casino R N R N R R* R N P P Eating and Drinking Establishments (e.g. restaurant, cafe, coffee shop, fast R N P R* P R R R* P P food restaurant, bar, nightclub, tavern, cocktail lounge) General Office (e.g. professional, business, financial, governmental) R N P R P P R R* P P Low-Rise (2 to 3 Levels) R N P R* P R R N P P Mid-Rise (4 to12 Levels) R N R N R R* R N P P High-Rise (13+ Levels) Hospitality-Oriented (e.g. hotel, motel, convention center, meeting hall, event facility) R N P R* P P R R* P P Low-Rise (2 to 3 Levels) R N P R* P P R N P P Mid-Rise (4 to12 Levels) R N P N P R R N P P High-Rise (13+ Levels) Medical/Dental Office (e.g. medical, dental, chiropractic, physical therapy) R N P R P P R R* P P Low-Rise (2 to 3 Levels) R N P R* P R R N P P Mid-Rise (4 to12 Levels) R N R N R R* R N P P High-Rise (13+ Levels) Outdoor Storage and Display-Oriented (e.g. outdoor storage-lumber yard, R N P R P R R R P P vehicles sale, landscape material and nursery product sale, or farm supply equipment sale) Table 5 Commercial Activities (Continued) Southern Wisconsin Regional Airport Land Use Airport Zone Chart E = Existing Land Use (Development or land use currently on the ground) F = Future Land Use (Proposed future development or land use) PPR RNN = ermitted** = Permit equired = ot Permitted *Permit Required use in a location sensitive to the intent of this Ordinance, requiring the Committee Designee’s detailed attention and caution when considering conditions for a Zoning Building/Site Permit **Pendingheight restriction compliance Zone Zone Zone Zone Zone Land Uses AB1B2CD Commercial Activities (Continued) E F E F E F E F E F Personal Service-Oriented (e.g. retail service, banking facility, R N P R P P R R P P laundromat, dry cleaning, quick printing service, beauty salon, tanning salon, funeral home) Quick Vehicle Servicing Uses R N P R* P R R N P P (e.g. full-serve/mini-serve gas station, unattended card key service station) Repair-Oriented R N P R P P R R P P (e.g. consumer goods-electronic, office equipment, appliance) Retail Uses (e.g. sale, lease, or rent of new or used products) Small Sales-Oriented (e.g. appliance, convenience store, R N P R P P R R P P bakery, electronic, furniture, garden supply, grocery, hardware, video) Large Sales-Oriented R N P R* P R* R R* P P (e.g. big box store, mall, strip mall) Surface Passenger Services R N P R P R R R P P (e.g. passenger terminal for buses, rail service, local taxi, limousine service) Vehicle Repair Uses R N P R P R R R P P (e.g. vehicle repair or service shop, alignment shop, tire sale) Table 6 Industrial/Manufacturing Activities Southern Wisconsin Regional Airport Land Use Airport Zone Chart E = Existing Land Use (Development or land use currently on the ground) F = Future Land Use (Proposed future development or land use) PPR RNN = ermitted** = Permit equired = ot Permitted *Permit Required use in a location sensitive to the intent of this Ordinance, requiring the Committee Designee’s detailed attention and caution when considering conditions for a Zoning Building/Site Permit **Pendingheight restriction compliance Zone Zone Zone Zone Zone Land Uses AB1B2CD Industrial/Manufacturing Activities E F E F E F E F E F Industrial Service Uses (e.g. machine shop, tool repair, towing and vehicle storage, building supply yard, R N P R P P R R P P heating/plumbing/electrical contractor, exterminator, janitorial service, fuel oil distributor, solid fuel yard) Manufacturing and Production Uses (e.g. manufacturing, processing, fabrication, packaging or assembly of goods) Technical/Light Manufacturing (e.g. electrical components, engineering, R N P R P P R R P P scientific and research office, optical, computer hardware/software, publishing, pharmaceuticals, printing/photo facility,) General Manufacturing (e.g. manufacturing, compounding, R N P R P P R R P P assembling or treatment of most articles, materials, or merchandise) Heavy Manufacturing (e.g. concrete and asphalt plant, R N R N R R* R N P P meat packing plant, wet corn milling, manufacturing of animal feed, paper or paperboard mill, ethanol plant) Mining and Extraction Uses R N R N R N R N P P Salvage Operations (e.g. collect, store, and dismantle R N P R* P R R N P P damaged or discarded vehicles, machinery, appliances, building material) Self-Service Storage Uses R N P R P P R R P P (e.g. mini-warehouse, storage facility) Table 6 Industrial/Manufacturing Activities (Continued) Southern Wisconsin Regional Airport Land Use Airport Zone Chart E = Existing Land Use (Development or land use currently on the ground) F = Future Land Use (Proposed future development or land use) PPR RNN = ermitted** = Permit equired = ot Permitted *Permit Required use in a location sensitive to the intent of this Ordinance, requiring the Committee Designee’s detailed attention and caution when considering conditions for a Zoning Building/Site Permit **Pendingheight restriction compliance Zone Zone Zone Zone Zone Land Uses AB1B2CD Industrial/Manufacturing Activities (Continued) E F E F E F E F E F Warehouse and Freight Uses (e.g. major wholesale distribution R N P R P P R R P P center, general freight storage, railroad switching yard, bus or rail car storage lot, parcel service, grain terminal) Waste-Related Uses (e.g. recycling center, sanitary landfill, waste transfer station, composting, R N P N P N R N P R* energy recovery plant, sanitary or water treatment facility, sanitary collection or pumping facility, hazardous waste collection site) Wholesale Sales Uses (e.g. sale, lease, or rental of products R N P R P P R R P P to retailers for industrial, institutional, or commercial business users) Table 7 Institutional Activities Southern Wisconsin Regional Airport Land Use Airport Zone Chart E = Existing Land Use (Development or land use currently on the ground) F = Future Land Use (Proposed future development or land use) PPR RNN = ermitted** = Permit equired = ot Permitted *Permit Required use in a location sensitive to the intent of this Ordinance, requiring the Committee Designee’s detailed attention and caution when considering conditions for a Zoning Building/Site Permit **Pendingheight restriction compliance Zone Zone Zone Zone Zone Land Uses AB1B2CD Institutional Activities E F E F E F E F E F College and Universities R N R N P R* R N P R (e.g. public or private college or university, technical college, seminary) Community Service Uses (e.g. public, nonprofit, or charitable nature providing a local service to the people) General Community Service (e.g. library, museum, transit center, R N R N P R* R R* P R senior/community/neighborhood center, police/fire/EMS station, park and ride facility) Community Service-Shelter R N R R* P R R R P R (e.g. transient housing) Daycare Uses (e.g. childcare center, adult daycare, preschool, after school program) Residential Daycare Uses R N R R* P R R N P P (e.g. in-home adult/child daycare facility) Institutional Daycare Uses R N R N P R* R N P R (e.g. childcare center, preschool, after school program, adult daycare) Detention Facilities R N R N P R* R N P R (e.g. prison, jail, probation center, halfway house, juvenile detention home) Educational Facilities General Educational Facilities (e.g. public and private elementary, R N R N P R* R N P R middle, junior, and senior high school including religious, boarding, military) Specialized Education Facilities (e.g. specialized trade, business, or R N R N P R* R R* P R commercial courses, non-degree granting school) Hospitals R N R N P R* R N P R (e.g. hospital and medical center) Religious Assembly Uses R N R N P R* R N P R (e.g. church, temple, mosque, Masonic, synagogue, eagles/moose/elk lodge) Table 8 Infrastructure Activities Southern Wisconsin Regional Airport Land Use Airport Zone Chart E = Existing Land Use (Development or land use currently on the ground) F = Future Land Use (Proposed future development or land use) PPR RNN = ermitted** = Permit equired = ot Permitted *Permit Required use in a location sensitive to the intent of this Ordinance, requiring the Committee Designee’s detailed attention and caution when considering conditions for a Zoning Building/Site Permit **Pendingheight restriction compliance Zone Zone Zone Zone Zone Land Uses AB1B2CD Infrastructure Activities E F E F E F E F E F Basic Utility Uses R N R R R R R R* P R (e.g. utility or electrical substation) Communication Transmission Facility Uses R N R N R R* R N P R (e.g. broadcast, wireless, point to point, or emergency tower and antennae) Parking Uses R R P P P P P P P P (e.g. ground lot, parking structure) Transportation Uses R R P P P P P P P P (e.g. local or county road, highway, interstate) Utility Uses R N R N R R* R N P R* (e.g. wind generator, wind farm, solar power generation equipment) R N R N R R* R N P R Water Tower Table 9 Agriculture and Open Space Activities Southern Wisconsin Regional Airport Land Use Airport Zone Chart E = Existing Land Use (Development or land use currently on the ground) F = Future Land Use (Proposed future development or land use) PPR RNN = ermitted** = Permit equired = ot Permitted *Permit Required use in a location sensitive to the intent of this Ordinance, requiring the Committee Designee’s detailed attention and caution when considering conditions for a Zoning Building/Site Permit **Pendingheight restriction compliance Zone Zone Zone Zone Zone Land Uses AB1B2CD Agriculture and Open Space Activities E F E F E F E F E F Agricultural Uses (e.g. commercial cultivation of plants, livestock production) Animal-related R R P P P P P P P P (e.g. livestock , dairy , horse farm) Facility-related (e.g. fuel bulk storage or pumping facility, R N R N P R* R N P R grain elevator, or livestock, seed, grain sales) Plant-related R R P P P P P P P P (e.g. crop farming, vegetable, fruit, tree, wholesale plant nursery) Resident-related R N P R* P R R N P P (e.g. single-family home or mobile home if converted to real property and taxed) Water Bodies Man-made resources (e.g. mining or extraction pond, stand R N P R* P R R N P R alone retention or detention pond, or wetland mitigation site) Wildlife Preservation Areas R N R N P R* R N P P (e.g. petting zoo, wildlife rehabilitation center, zoo) Table 10 Parks and Recreation Activities Southern Wisconsin Regional Airport Land Use Airport Zone Chart E = Existing Land Use (Development or land use currently on the ground) F = Future Land Use (Proposed future development or land use) PPR RNN = ermitted** = Permit equired = ot Permitted *Permit Required use in a location sensitive to the intent of this Ordinance, requiring the Committee Designee’s detailed attention and caution when considering conditions for a Zoning Building/Site Permit **Pendingheight restriction compliance Zone Zone Zone Zone Zone Land Uses AB1B2CD Parks and Recreation Activities E F E F E F E F E F Commercial Recreational Uses (e.g. facilities used for physical exercise, recreation, or culture) Golf R N R R* P R* R N P P (e.g. 9+ hole course, golf driving range, outdoor miniature golf) Indoor (e.g. physical fitness center, health club, R N R R* P R R N P P bowling alley, skating rink, billiard hall, arcade, indoor theater) Outdoor (e.g. campground, tennis/swimming R N R R* P R R N P P facility, drive-in theater, skating rink, pavilion, amphitheater) Parks R N P R P R R N P P (e.g. aquatic, mini, private, sports, neighborhood, school, community) Utility Uses R N R N P R* R N P P (e.g. amusement or theme park, fairground, racetrack, sports arena) 18.80.250 DEFINITIONS GENERALLY: ? For the purpose of these regulations, certain numbers, abbreviations, terms, and words used herein shall be used, interpreted, and defined as set forth in this Chapter. ? Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the plural number include the singular; the word “herein” means “in these regulation,” the word “regulations” means “these regulations.” ? A “person” includes a corporation, a partnership, and an incorporated association of persons such as a club; “shall” is always mandatory; a “building” includes a “structure”; a “building” or “structure” includes any part thereof; “used” or “occupied” as applied to any land or building shall be construed to include the words “intended, arranged, or designed to be used or occupied.” TERM. (Source of Definition) Definition ACCESSORY STRUCTURE OR USE. A detached subordinate structure or a use which is clearly incidental to and customarily found in connection with the principal structure or use to which it is related, and which is located on the same lot as that of the principal structure or use. AIR TRAFFIC. (FAA FAR Sec. 1.1) Aircraft operating in the air or on an airport surface, exclusive of loading ramps and parking areas. AIRPORT. (FAA FAR Sec. 152.3) The Southern Wisconsin Regional Airport owned by Rock County. Any area of land or water that is used or intended to be used for the landing and takeoff of aircraft. Any appurtenant areas that are used or intended for use for airport buildings, other airport facilities, or rights-of-way; and all airport buildings and facilities located on the areas specified in this definition. AIRPORT ELEVATION. (FAA AC 150/5190-4A) The highest point on the usable landing area of an airport that is measured in feet from mean sea level (MSL). AIRPORT ENVIRONS. The land use and people in the areas surrounding an airport which can be directly affected by the operation of the airport. AIRPORT HAZARD. (FAA FAR Sec. 152.3) Any structure or object of natural growth located on or in the vicinity of a public airport, or any use of land near a public airport that obstructs the airspace required or is otherwise hazardous for the flight of aircraft landing or taking off at the airport. AIRPORT LAYOUT PLAN (ALP). (FAA FAR Sec. 152.3) The plan of an airport that shows the layout of existing and proposed airport facilities. AIRPORT MASTER PLAN. The Southern Wisconsin Regional Airport Master Plan Report, 2009, as updated. AIRPORT OVERLAY ZONES. A zone intended to place additional land use conditions on land impacted by the airport while retaining the existing underlying zone. The FAR Part 77 Surfaces and runway protection zones (RPZs) have been combined to create five airport overlay zones. The five specific zones create a comprehensive area focused on maintaining compatible land use around airports. ? Zone A - is intended to provide a clear area that is free of above ground obstructions and structures. This zone is closest to the individual runway ends. ? Zone B1 & B2 - reflects the approach and departure areas for each runway at an airport. The size of Zone B is predicated upon the type of approach (visual, non- precision, or precision) that a specific runway has and the type/size of aircraft that utilize the runway. ? Zone C - includes those areas that are parallel to the runway pavement and extend 1,050’ from the edge of the primary surface. ? Zone D - encompasses the horizontal surface (innermost area) and the conical surface (outermost area), which make up the three (3)-mile jurisdictional boundary delineated at the Southern Wisconsin Regional Airport. AIRPORT REFERENCE CODE (ARC). (FAA Web site www.faa.gov) The ARC is an FAA coding system used to relate airport design criteria to the operational and physical characteristics of the airplanes intended to operate at the airport. AIRPORT REFERENCE POINT (ARP). (FAA AC 150/5300-13) The latitude and longitude of the approximate center of the airport. AIRPORT ZONING PERMIT. A Zoning/Building Site Permit that allows new development or alteration or expansion of a Permit Required Use. AIRSIDE. (FAA Web site www.faa.gov) The portion of an airport facility that includes aircraft movements, airline operations, and areas that directly serves the aircraft, such as taxiway, runway, maintenance, and fueling areas. AIRSPACE. (FAA Web site www.faa.gov) The space lying above the earth or above a certain area of land or water that is necessary to conduct aviation operations. ALTERATION. Any construction which would result in a change in height or lateral dimensions of an existing structure or object. APPLICANT. The owner of the land or his/her representative. APPROACH SLOPES. (FAR Part 77) The ratios of horizontal to vertical distance that indicate the degree of inclination of the approach surface. The various ratios include: ? 20:1 - for all utility and visual runways extended from the primary surface a distance of five thousand (5,000) feet. ? 34:1 - for all non-precision instrument runways extended from the primary surface for a distance of ten thousand (10,000) feet. ? 50:1/40:1 - for all precision instrument runways extended from the primary surface for a distance of 10,000 feet at an approach slope of fifty to one (50:1) and an additional forty thousand (40,000) feet beyond this at a forty to one (40:1) approach slope. APPROACH SURFACE. (FAA AC 150/5190-4A) A surface that is longitudinally centered on the extended runway centerline and extends outward and upward from the end of the primary surface at the same slope as the approach zone height limitation slope set forth in this Ordinance. In plan view, the perimeters of the approach surface and approach zone coincide. AVIGATION EASEMENT. (FAA Web site www.faa.gov) A grant of a property interest in land over which a right of unobstructed flight in the airspace is established. BUILDING. Any structure used, designed, or intended for the protection, shelter, enclosure, or support of persons, animals, or property. BUILDING CODES. (The Practice of Local Government Planning) Codes, either local or state, that control the functional and structural aspects of buildings and/or structures. Local ordinances typically require proposed buildings to comply with zoning requirements before building permits can be issued under the building codes. BUILDING HEIGHT. The vertical distance from the top of the building roof to the top of the basement or to the foundation, whichever is less. COMMERCIAL USES. Land uses or activities that involve the production, processing, manufacturing, or sale of goods or services for financial gain, including uses that provide merchandise to the general public. Accessory uses may include offices, storage, food service, or other amenities primarily for the use of employees and parking. COMPATIBILITY. The degree to which land uses or types of development can coexist or integrate. CONSTRUCTION. The erection or alteration of any structure or object of either a permanent or temporary nature. DENSITY. The number of living units per acre. DEVELOPMENT. Any man-made change to improved or unimproved real estate, including but not limited to the construction of buildings, structures, or accessory structures; the construction of additions or substantial improvements to buildings, structures, or accessory structures; the placement of manufactured homes (mobile homes); mining, dredging, filling, grading, paving, excavation, or drilling operations; and the deposition or extraction of materials. EASEMENT. Authorization by a property owner for the use by another and for specified purpose of any designed part of his/her property. EXISTING USE. Any use of land lawfully in existence at the time of the effective date of this Ordinance or amendment thereto becomes effective. FEDERAL AVIATION ADMINISTRATION (FAA). (FAA Web site www.faa.gov) A federal agency charged to regulate air commerce in order to promote its safety and development; encourage and develop civil aviation, air traffic control, air navigation; and promote the development of a national system of airports. FEDERAL AVIATION REGULATIONS (FAR). (FAA FAR) Regulations established and administered by the FAA that govern civil aviation and aviation-related activities. ? FAR Part 36. (FAA FAR Sec. 36.1) Establishes noise standards for the civil aviation fleet. ? FAR Part 91. (FAA FAR Sec. 91.1) Pertains to air traffic and general operating rules, including operating noise limits. ? FAR Part 150. (FAA FAR Sec. 150.1) Pertains to airport noise compatibility planning. ? FAR Part 161. (FAA FAR Sec. 161.1) Pertains to notice and approval of airport noise and access restrictions. ? FAR Part 77. (FAA FAR Sec. 77.1) Objects Affecting Navigable Airspace - Part 77 (a) establishes standards to determine obstructions in navigable airspace; (b) defines the requirements for notice to the FAA Administrator of certain proposed construction or alteration; (c) provides for aeronautical studies of obstructions to air navigation to determine their effect on the safe and efficient use of airspace; (d) provides for public hearings on the hazardous effect of proposed construction or alteration on air navigation; and (e) provides for establishing antenna farm areas. GENERAL AVIATION AIRPORT. Any airport that is not an air carrier airport or a military facility. GROWTH. Any object of natural growth that includes trees, shrubs, or foliage. Excludes farm crops, which are cut at least once a year. HEIGHT. Height is utilized for the purpose of determining the height limits in all zones set forth in this Ordinance and shown on the Southern Wisconsin Regional Airport Height Zoning Map; height shall be the highest point of a structure, tree, or other object of natural growth and measured from the mean sea level elevation, unless specified otherwise. INDUSTRIAL, WHOLESALE TRADE, AND STORAGE USES. A use category that includes: ? Industrial development or uses involved in the research, design, manufacturing, processing, fabrication, packaging, or assembly of goods. Natural, man-made, raw, secondary, or partially completed materials may be used. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or customers. Goods are generally not displayed or sold on site, but if so, they are a subordinate part of sales (typically 10% or less of the total gross floor area). Relatively few customers come to the site. ? Industrial, manufacturing, wholesale trade, and warehouse/storage uses and includes those that produce goods from raw or finished materials, distribute goods in large quantities to primarily wholesale customers, or provide for storage or warehousing of goods, either in enclosed buildings or outdoors. Few customers, especially the general public, come to the site. Accessory activities may include sales, offices, parking, and storage. IMAGINARY SURFACES. (FAA FAR Part 77.25) Those areas established in relation to the airport and to each runway consistent with FAR Part 77, in which any object extending above these imaginary surfaces, by definition, is an obstruction. ? Approach surface - longitudinally centered on the extended runway centerline and extends outward and upward from the end of the runway primary surface. The approach slope of a runway is a ratio of 20:1, 34:1, or 50:1, depending on the approach type. The length of the approach surface depends on the approach type and varies from five thousand (5,000) to fifty thousand (50,000) feet. ? Conical surface - extends upward and outward from the periphery of the horizontal surface at a slope of twenty feet horizontally for every one foot vertically (20:1) for a horizontal distance of four thousand (4,000) feet. ? Horizontal surface - horizontal plane located one hundred fifty (150) feet above the established airport elevation and encompasses an area from the transitional surface to the conical surface. The perimeter is constructed by generating arcs from the center of each end of the primary surface and connecting the adjacent arcs by lines tangent to those arcs. ? Transitional surface - extends outward and upward at right angles to the runway centerline and at a slope of seven feet horizontally for each one foot vertically (7:1) from the sides of the primary and approach surfaces. The transitional surfaces extend to the point at which they intercept the horizontal surface at a height of one hundred fifty (150) feet above the established airport elevation. INCOMPATIBLE LAND USE. (FAA FAR Sec. 150.7) Land use that is typically unable to coexist with aircraft and airport operations. INSTRUMENT APPROACH PROCEDURE. (FAA Pilot/Controller Glossary) A series of predetermined maneuvers for the orderly transfer of an aircraft under instrument flight conditions from the beginning of the initial approach to a landing or to a point from which a landing may be made visually. It is prescribed and approved for a specific airport by competent authority. INSTRUMENT LANDING SYSTEM (ILS). (FAA Pilot/Controller Glossary) A precision instrument approach system which normally consists of the following electronic components and visuals aids: localizer, glideslope, outer marker, middle marker, and approach lights. ITINERANT OPERATION. (FAA AC 150/5325-4B) Aircraft takeoff or landing operations that occur from one airport to another and involves a trip of at least twenty (20) miles. Local operations are excluded. LAND USE. Any nonstructural use made of unimproved or improved real estate. (Also see DEVELOPMENT.) LAND USE COMPATIBILITY. (FAA Web site www.faa.gov) Land uses that can coexist with an airport and airport related activities. LIGHTING AND MARKING OF HAZARDS TO AIR NAVIGATION. Installation of appropriate lighting fixtures, painted markings, or other devices to objects or structures that constitute hazards to air navigation. LOT. A parcel of land described in a recorded plat or deed. MITIGATION. (FAA Web site www.faa.gov) The avoidance, minimization, reduction, elimination, or compensation for adverse effects of a proposed action. NAVIGATION AIDS (NAVAID). (FAA Web site www.faa.gov) Any facility used by an aircraft for guiding or controlling flight in the air or the landing or take-off of an aircraft. NAVIGABLE AIRSPACE. The airspace above minimum altitude for safe flight that includes the airspace needed to ensure safety in landing or take-off of aircraft. NOISE EXPOSURE CONTOURS. (FAA Web site www.faa.gov) Lines drawn around a noise source that indicates a constant energy level of noise exposure. Day-night sound level (DNL) is the measurement used to describe community exposure to noise. NOISE IMPACT. A condition that exists when the noise levels that occur in an area exceed a level identified as appropriate for the activities in that area. NOISE SENSITIVE AREA. (FAA AC 91-36D) Defined as an area where noise interferes with normal activities associated with the use of the area. OBJECT. (FAA AC 150/5300-13) Includes, but is not limited to, above ground structures, NAVAIDSs, people, equipment, vehicles, natural growth, terrain, and parked aircraft. OBSTACLE FREE ZONE (OFZ). (FAA 150/5300-13) The three dimensional area of airspace that provides clearance protection for aircraft during landing or take-off operations and for missed approaches. The area encompasses one hundred fifty (150) feet above the established airport elevation and along the runway and extended runway centerline. The OFZ is required to be clear of all objects, except for the frangible visual NAVAIDs, the location of which is fixed by function. OBSTRUCTION. (FAA AC 150/5190-4A) Any structure, growth, or other object, including a mobile object, which exceeds a limiting height that is specific to its geographic location relative to the runway/airport. OFF-AIRPORT PROPERTY. (FAA Web site www.faa.gov) Property that is beyond the boundary of land owned by the airport sponsor (Rock County). ON-AIRPORT PROPERTY. (FAA Web site www.faa.gov) Property that is within the boundary of land owned by the airport sponsor (Rock County). ORDINANCE. Any legislative action, however nominated, of a local government which has the force of law, including any amendment or repeal of any ordinance. OVERLAY ZONE. (FAA Web site www.faa.gov) A mapped zone that imposes a set of requirements, in addition to those of the underlying zoning district. OWNER. Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land. PERMIT REQUIRED USE. Are those land uses that shall be permissible following the issuance of a City of Janesville Zoning/Building Site Permit. The Permit, which may include development and use related conditions, along with a signed Affidavit (Applicant’s Recorded Affidavit Accepting Mitigation Responsibilities), notifies applicants of their responsibilities and required mitigation for any construction, alteration, location or use of land to minimize potential hazardous impacts to the Southern Wisconsin Regional Airport, aircraft, airport operational areas, and aircraft overflight areas, as well as residents. PERMITTED USE. Are those land uses generally considered compatible within a particular zone of the AOZD. Compatible land uses do NOT impact or create hazardous conditions for aircraft, airport operational areas, or aircraft overflight areas, and are considered reasonably safe for County residents. PRIMARY SURFACE. (FAA AC 150/5190-4A) A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends two hundred (200) feet beyond each end of that runway; for military runways or when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in FAR Part 77. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. PRIMARY RUNWAY. (FAA AC 150/5325-4B General Definition) The runway used for the majority of airport operations. Large, high-activity airports may operate two or more parallel primary runways. PRINCIPAL USE. The use of primary importance or permitted use on a parcel of land, in contrast to those which are accessory or of secondary importance. PUBLIC ASSEMBLY USE. A structure or outdoor facility where concentrations of people gather for purposes such as deliberation, education, shopping, business, entertainment, amusement, sporting events, or similar activities, but excluding air shows. Public assembly use does not include places where people congregate for relatively short periods of time, such as parking lots and bus stops, or uses approved by the FAA in an adopted airport master plan. PUBLIC USE AIRPORT. (FAA AC 150/5190-6) A public- or private-owned airport that is open for public use. RESIDENTIAL AND ACCOMMODATION USES. A use category that includes the following: ? Residential - provide living accommodations, including sleeping, eating, cooking, and sanitary facilities, to one or more persons. Tenancy typically last longer than thirty (30) days. ? Accommodation - characterized by visitor-serving facilities that provide temporary lodging in guest rooms or guest units, for compensation. The average length of stay of less than thirty (30) days. Accessory uses may include pools and other recreational facilities for the exclusive use of guests, limited storage, restaurants, bars, meeting facilities, and offices. RUNWAY. A portion of the airport having a surface specifically developed and maintained for the landing and taking off of airplanes. RUNWAY PROTECTION ZONE (RPZ). (FAA AC 150/5300-13) An area off the runway end designed to enhance the protection of people and property on the ground. RUNWAY SAFETY AREA. (FAA AC 150/5300-13) A defined surface surrounding the runway that is prepared or suitable to reduce the risk of damage to airplanes in the event of an overshoot or excursion from the runway. STRUCTURE. Any man-made object with form, shape, and utility that is permanently or temporarily attached to, placed upon, or set into the ground, stream bed, or lake bed. Examples include, but are not limited to, roofed and walled buildings, gas or liquid storage tanks, or television dishes. STRUCTURAL ALTERATION. Any change in the supporting members of a structure, such as foundations, bearing walls, columns, beams, or girders, or any substantial change in the roof structure or in the exterior or interior walls. SUBSTANTIAL IMPROVEMENT. Any structural repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the present equalized assessed value of the structure either before the improvement or repair is started, or if the structure has been damaged, and is being restored, before the damage occurred. The term does not include any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or any alteration of a structure or site documented as deserving preservation by the Wisconsin State Historical Society or listed on the National Register of Historic Places. Ordinary maintenance repairs are not considered structural repairs, modifications or additions. Such ordinary maintenance repairs include internal and external painting, decorating, paneling, and the replacement of doors, windows, and other nonstructural components. (For purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.) TREE. Any object of natural growth that shall not exceed the Zoning Height Restrictions. USE. That which is customarily or habitually done, may include seasonal uses, and need not extend to the entire tract of land at the time of the adoption of this Chapter. (See also LAND USE) UTILITY RUNWAY. A runway constructed for and intended to be used by propeller driven aircraft of twelve thousand five hundred (12,500) pounds gross weight or less. VARIANCE. Authority granted to the owner to use his/her property in a manner that is prohibited by the Zoning Code. A departure from the terms of the zoning ordinance where it is shown that unique physical circumstances that are applied to a land parcel can, has, or will cause a hardship to the owner, and that the condition permitted by the departure will be in fundamental harmony with surrounding uses. ? Area Variance - one which does not involve a use that is prohibited by the Zoning Code. Area variances involve matters such as setback lines, frontage requirements, lot-size restrictions, density, density regulations, and yard requirements. Height limitation variances shall not be granted under this Ordinance. ? Use Variance - one which permits a use of land other than what is prescribed by the Zoning Code. It is primarily a grant to erect, alter, or use a structure for a permitted use in a manner other than that prescribed by this Chapter. Use variances shall not be granted under this Ordinance. WETLAND. Those areas where water is at, near, or above the land surface long enough to support aquatic or hydroponic vegetation and which have soils indicative of wet conditions. WILDLIFE ATTRACTANTS. Any man-made structure, land use practice, or man-made or natural geographic feature that can attract or sustain hazardous wildlife within the landing or departure airspace or the air operations area of an airport. Attractants include, but are not limited to, architectural features, landscaping, waste disposal sites, wastewater treatment facilities, agricultural or aquaculture activities, surface mining, or wetlands. WILDLIFE HAZARDS. Feral or domesticated animals that are associated with aircraft strikes, are capable of causing structural damage to airport facilities, or act as attractants to other wildlife that pose a strike hazard. 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, Wald Klimczyk Proposed by: Community Development Department Prepared by: Community Development Department Shared/2009-444 Airport Overlay District Ordinance Wald 101609.doc Community Development Department Memorandum Date: October 27, 2009 TO: Eric Levitt, City Manager FROM: Duane Cherek, Manager of Planning Services SUBJECT: Introduce and schedule a public hearing on a proposed ordinance attaching property located at 3123 South U.S. Highway 51(File Ordinance No. 2009-445); and Introduce, refer to Plan Commission and schedule a public hearing on a proposed ordinance attaching and zoning to B4 property located at 3123 South U.S. Highway 51 (File Ordinance No. 2009-446). _____________________________________________________________________ In 2004, the Kwik Trip gas station and convenience store located at 3123 South U.S. Highway 51 requested a connection to municipal sewer and water facilities. Those facilities were extended to the property under the terms of the City of Janesville/Town of Rock Cooperative Boundary Plan which allows for municipal sewer and water connections to those property owners requesting such service. In exchange for receiving those services, Kwik Trip agreed to attach their property to the City as soon as legally feasible at the discretion of the City. Kwik Trip has recently acquired three parcels immediately adjoining their business location to the east to allow for future expansion opportunities. The adjoining parcels are developed with two vacant residences that are proposed for demolition. A separate attachment agreement has been executed for each parcel and it is Kwik Trip’s desire to include all properties under their ownership in the attachment ordinance at this time. The attachment includes four parcels containing approximately 3.47 acres of land excluding right-of-way for Highway 51. An attachment to the City is similar to an annexation and must be reviewed by the Council following a public hearing. Coincident with the attachment ordinance, the Community Development Department has prepared an ordinance to zone the property to B4, Business Highway District. The Community Development Department recommends that following the first reading of Ordinance No. 2009-445 and Ordinance No. 2009-446, they be set for public hearing on December 14, 2009. While the attachment does not require Plan Commission review, the zoning of the property must be referred to the Plan Commission. We therefore recommend that Ordinance No. 2009-446 be referred to the Plan Commission for review and recommendation. cc: Brad Cantrell Jay Winzenz Í«¾¶»½¬ Ð®±°»®¬§ Ý·¬§ ±º Ö¿²»ª·´´» q Ô»¹»²¼ ÍËÞÖÛÝÌ Í×ÌÛÝ×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ Ü¿¬»æ ïðñîéñðç Í½¿´»æ ïþã ìððù Ó¿° Ý±±®¼·²¿¬»æ Ôóè ÔÑÝßÌ×ÑÒ ÓßÐ Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ ÓßÐ ï ßÌÌßÝØÓÛÒÌ ÑÚ íïîí ÍÑËÌØ Ø×ÙØÉßÇ ëï ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ ÍæÐ®±¶»½¬ÄÐ´¿²²·²¹Ä½¿»ÄîððçÄÔóèÁß¬¬¿½¸³»²¬ Õ©·µ Ì®·° ORDINANCE NO. 2009-445 An ordinance attaching territory in Section 13 in T.2N., R.12E. of the 4th P.M., Town of Rock, Rock County, Wisconsin. WHEREAS , the owner of the land within such territory proposed to be attached has executed and recorded attachment agreements that set forth the timeframe, circumstances and conditions upon which attachment of property to the City of Janesville shall occur within the City of Janesville/Town of Rock Cooperative Boundary Plan area; and WHEREAS , the necessary notices have been duly prepared, provided and served as required by law to all persons affected; and WHEREAS , this ordinance does not contain temporary zoning; and WHEREAS , the Department of Administration has not found the proposed attachment to be against the public interest; and WHEREAS , the Common Council has determined that this attachment is in the public interest. NOW THEREFORE THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. The territory described as follows is hereby attached to the City of Janesville. PART OF Lot 1, Certified Survey Map # 790624, RECORDED IN Vol. 2, Pgs. 337-339, ALSO PART OF THE NW. ¼ OF THE SW. ¼ OF Section 13, AND THE NE. ¼ OF THE SE. ¼ OF Section 14, ALL IN TH T.2N., R.12E. of the 4 P.M., ROCK TOWNSHIP, ROCK COUNTY, WISCONSIN. DESCRIBED AS FOLLOWS: Commencing at a D.O.T. disk at the West ¼ corner of said Section 13; thence S.88D50’58”E along East-West ¼ section line, 197.26 feet, also being the place of beginning for the land to be herein described, thence S.88D52’18”E along said ¼ section line, 133.36 ft. m/l, thence S.88D52’15”E along said ¼ section line 84.25 ft. m/l, thence S.0D10’4”W, to a point on the North line of Lot 2 of CSM, Doc. Num. 790624, Volume 2, pages 337, 338, and 339, 332.25 ft. m/l, thence S.88D56’50”E, 65.41 ft. m/l, thence S.0D3’0”E, to a point along the North line of a private drive, 144.28 ft. m/l, thence N.89D2’48”W, along said private drive to the SE corner of Lot 1, also being the Easterly R.O.W of U.S. Highway “51” South, 434.46 ft. m/l, thence Southerly along said R.O.W., 1501.45 ft. m/l, thence S.88D24’13”W, 96.37 ft. m/l, thence N.0D16’6”W along the Westerly R.O.W. line of U.S. Highway “51” South, 147.05 ft. m/l, thence N.89D49’42”W along said R.O.W. to the SE corner of Lot 3 of CSM, Doc. Num. 1638134, Volume 26, pages 313, 314, and 315, 14.68 ft. m/l, thence N.0D4’33”W along said R.O.W. to the SE corner of Lot 2, 195.34 ft., thence N.0D4’43”W along said R.O.W., 164.14 ft., thence N.6D6’16”W along said R.O.W., 95.52 ft., thence N.0D4’42”W along said R.O.W. to the NE corner of Lot 1, 60.76 ft. m/l, thence N.0D9’40”W along said R.O.W. to the SE corner of Lot 1 of CSM, Doc. Num. 785579, Volume 2, pages 260 and 261, 334.9 ft. m/l, thence N.0D35’38”W along said R.O.W. to the NE corner of Lot 1, 99.19 ft. m/l, thence N.0D24’31”W along said R.O.W., 722.88 ft. m/l, thence S.89D0’12”E, 150.8 ft. m/l, thence continuing S.89D0’12”E, 123.43 ft. m/l, thence N.0D27’45”W, 164.48 ft. m/l to the place of beginning. Containing an area of approximately 8.5 acres. SECTION II. After this attachment becomes effective, the above described property shall be exempt from and not subject to further taxation and assessments in the Town of Rock and thence forth shall be subject to taxation and assessment as part of the City of Janesville for any and all purpose provided by law. ORDINANCE NO. 2009-445 PAGE 2 SECTION III. All the territory attached by this ordinance is hereby made part of Ward 31 of the City of Janesville. SECTION IV. There are no residents in the area proposed for attachment. SECTION V. The attachment is within the Janesville School District. SECTION VI. This ordinance shall take effect immediately upon adoption by the Common Council, the public health, welfare, peace, tranquility, good order, public benefit, and police power so requiring. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner 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: Community Development Department Prepared by: Community Development Department ORDINANCE NO. 2009-446 An ordinance changing and establishing the zoning classification of property located at 3123 South U.S. Highway 51. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. The zoning classification of the following described property is established as B4, Business Highway District: PART OF Lot 1, Certified Survey Map # 790624, RECORDED IN Vol. 2, Pgs. 337-339, ALSO PART OF THE NW. ¼ OF THE SW. ¼ OF Section 13, AND THE NE. ¼ OF THE SE. ¼ OF Section 14, ALL IN T.2N., R.12E. TH of the 4 P.M., ROCK TOWNSHIP, ROCK COUNTY, WISCONSIN. DESCRIBED AS FOLLOWS: Commencing at a D.O.T. disk at the West ¼ corner of said Section 13; thence S.88D50’58”E along East-West ¼ section line, 197.26 feet, also being the place of beginning for the land to be herein described, thence S.88D52’18”E along said ¼ section line, 133.36 ft. m/l, thence S.88D52’15”E along said ¼ section line 84.25 ft. m/l, thence S.0D10’4”W, to a point on the North line of Lot 2 of CSM, Doc. Num. 790624, Volume 2, pages 337, 338, and 339, 332.25 ft. m/l, thence S.88D56’50”E, 65.41 ft. m/l, thence S.0D3’0”E, to a point along the North line of a private drive, 144.28 ft. m/l, thence N.89D2’48”W, along said private drive to the SE corner of Lot 1, also being the Easterly R.O.W of U.S. Highway “51” South, 434.46 ft. m/l, thence Southerly along said R.O.W., 1501.45 ft. m/l, thence S.88D24’13”W, 96.37 ft. m/l, thence N.0D16’6”W along the Westerly R.O.W. line of U.S. Highway “51” South, 147.05 ft. m/l, thence N.89D49’42”W along said R.O.W. to the SE corner of Lot 3 of CSM, Doc. Num. 1638134, Volume 26, pages 313, 314, and 315, 14.68 ft. m/l, thence N.0D4’33”W along said R.O.W. to the SE corner of Lot 2, 195.34 ft., thence N.0D4’43”W along said R.O.W., 164.14 ft., thence N.6D6’16”W along said R.O.W., 95.52 ft., thence N.0D4’42”W along said R.O.W. to the NE corner of Lot 1, 60.76 ft. m/l, thence N.0D9’40”W along said R.O.W. to the SE corner of Lot 1 of CSM, Doc. Num. 785579, Volume 2, pages 260 and 261, 334.9 ft. m/l, thence N.0D35’38”W along said R.O.W. to the NE corner of Lot 1, 99.19 ft. m/l, thence N.0D24’31”W along said R.O.W., 722.88 ft. m/l, thence S.89D0’12”E, 150.8 ft. m/l, thence continuing S.89D0’12”E, 123.43 ft. m/l, thence N.0D27’45”W, 164.48 ft. m/l to the place of beginning. Containing an area of approximately 8.5 acres. SECTION II. This ordinance shall take effect immediately upon adoption by the Common Council, the public health, welfare, peace, tranquility, good order, public benefit, and police power so requiring. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Eric J. Levitt, City Manager McDonald Perrotto ATTEST: Rashkin Steeber Jean Ann Wulf, City Clerk-Treasurer Truman Voskuil APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Community Development Department Prepared by: Community Development Department JANESVILLE TRANSIT SYSTEM MEMORANDUM October 30, 2009 TO: City Council FROM: Transit Director SUBJECT: Introduce and Schedule a Public Hearing on a proposed Ordinance Increasing Bus Fares on the Janesville Transit System (File Ordinance 2009-443). Executive Summary: As part of the 2010 budget for the Transit System, the Administration proposes to enact a general fare increase on all transit system routes and services for the coming year. This fare increase is estimated to raise $25,619 in additional revenue, reducing the need for assistance from the City’s General Fund for Transit operations, and the tax levy, by a like amount. The proposed fare increase would go into effect on January 1, 2010, and would raise the basic cash fare on JTS routes inside the City from the present $1.25 to $1.50. Federally-required half-fares for persons with disabilities and those over 65 years of age would increase from $.60 to $.75 per ride, as would the fares for the special token programs sponsored by the City for youth and agencies serving disadvantaged citizens. Fares for the various passes and token packs offered by the Transit System, as well as those charged for the Paratransit service required by the Americans with Disabilities Act and the “Beloit-Janesville Express” would all rise proportionally. Chapter 10.76 of the Code of General Ordinances establishes bus fares, thus requiring Council action for changes. Ordinance 2009-443 has been prepared for Council consideration to enact this necessary fare increase, effective on January 1, 2010. The public hearing for the Ordinance will also fulfill the requirements of Section 5307 of the Federal Transit Act, which requires a public hearing on all fare increases. Recommendation: The Transit System recommends that the City Council schedule a public hearing on Ordinance 2009 – 443, increasing the fares on the Janesville Transit System effective as of January 1, 2010, for Monday, November 23, 2009. City Manager Recommendation: Based on the proposed budget and anticipated approved budget, the City Manager rd recommends that the City Council set a public hearing on November 23 to increase the rates accordingly. Background: The City Council originally included a transit fare increase, effective on July 1, 2009, as part of the 2009 Transit System budget. On March 9, 2009, the Council directed the Administration to delay the proposed fare increase scheduled for July 1, 2009 1 indefinitely; with any increase to be reconsidered as part of the review of the proposed 2010 Transit System budget. In addition, on May, 11, 2009, the Council passed Ordinance 2009-433, which established a reduced-fare token program for private non- profit agencies, effective on June 1, 2009. Since its inception, three private non-profit agencies, the House of Mercy, ECHO, and the Salvation Army have joined that program, with a total of 1,500 reduced fare tokens purchased and in circulation. Analysis: As directed by the Council, the Administration reviewed the proposed 2009 fare increase as part of its preparation of the proposed 2010 Transit System budget. Based on that review, if the current fare rates are maintained, the projected share of Transit System expenses covered by fares in 2010 is estimated to be 11.8%. This would represent a decrease of 2% compared to the original 13.8% of expenses covered by fares estimated for the 2009 budget, and 1% lower than the 12.75% average rate of return from fares as a proportion of expenses over the past 5 years. In order to ensure that the rate of return from passenger fares maintains the 5 year average, the fare increase is necessary. This fare increase is estimated to raise $25,619 in additional revenue, covering about 12.7% of 2010 expenses and reducing the need for assistance from the City’s General Fund for Transit operations, and the tax levy, by a like amount. For the Council’s information, an increase in the base fare to $1.50 would put Janesville in the middle of the range of bus fares charged by our peer group with 4 other cities; Eau Claire, Green Bay, Manitowoc and Racine. Fares in the peer group range from a low of $1.00 in Oshkosh to a high of $2.00 in Waukesha. In accordance with established practice, the Transit System will allow a one month “grace period”, between January 2 and January 31, 2010 for those citizens who may have purchased tokens and passes at the 2009 rates to use up those fares without having to pay an additional charge. Experience has shown that this allows sufficient time for the transition to the new fares to happen without undue hardship on either the citizens or the Transit System. As of February 1, 2010, only passes and tokens purchased in 2010 will be accepted. The Transit Director will be present at the Council meeting to answer any questions on this proposal that the Council may have. cc: Eric Levitt, City Manager Jay Winzenz, Director of Administration Jennifer Petruzzello, Director of Neighborhood Services 2 ORDINANCE NO. 2009-443 An ordinance revising the regular bus fare rates for the Janesville Transit System, with a penalty for violations as set forth in JGO 10.76.030. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Section 10.76.020 of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: 10.76.020 Bus fares—Regular fare rates. “ The regular fare rates that shall be charged by the Janesville transit system are as follows: A. $0.75 per ride or 10 rides for $7.50 when the 10 rides are purchased as a package of 10 prepaid tokens for senior citizens, defined as persons who are 65 years of age or older, Federal Medicare Card holders, and persons with disabilities when such individuals follow the procedures required by the Transit Director. When such procedures have not been followed, the charge shall be $1.50 per ride per passenger. B. No charge for a child under five years old when accompanied by a fare-paying passenger to a maximum of 2 children per fare-paying passenger. Organized groups of children under 5 years old must pay the regular fare. C. $1.50 per ride, or 10 rides for $12.00when the rides are purchased as a package of 10 pre-paid tokens for all other passengers. D. No charge for any transfer from one Transit System bus to another. E. $0.40 per passenger for travel in any fare zone beyond the basic service area. The basic service area is considered to be that area within the corporate limits of the city. F. $3.50 for a pass allowing an unlimited number of rides on any bus route between the hours of 8:45 a.m. and 6:15 p.m. on any service day within the basic service area. Except that persons who qualify for reduced fares as outlined in subsection A of this section, are entitled to purchase the pass for one half the regular price. (Ord. 84-405 §1, 1984: Ord. 83-344 §1m 1983; Ord. 81-272 §1, 1981: Ord. 80-218 §1 (part), 1981). G. $45.00 per month for a pass allowing unlimited bus rides on and between the dates shown on the pass on any Transit System route within the basic service area. H. $3.00 per ride or 10 rides for $27.00 when the 10 rides are purchased as a pass for travel on the Beloit-Janesville Express route to the terminal of the Beloit Transit System in Beloit, Wisconsin, but not including transfer privileges to Beloit Transit System city routes; except that persons who qualify for reduced fares as outlined in subsection A of this section are entitled to ride for one half of the regular price. ORDINANCE 2009-443 Page 2 I. $1.90 per ride or 10 rides for $17.00 when the 10 rides are purchased as a pass for travel on the Beloit-Janesville Express route to Blackhawk Technical College. J. $3.00 per ride for Paratransit service for those disabled individuals qualifying for this service under the provisions of the Americans With Disabilities Act (ADA) and the procedures required by the Transit Director. This fare shall also apply to any person traveling as a companion, as defined by the ADA, with the disabled passenger. Personal Care Attendants as defined by the ADA, and certified as required to accompany the disabled person in question, will not be charged a fare as required by the ADA. K. $0.75 per ride for youth beginning with age 11, through and including age 15, using a special token issued by the City and distributed through participating community organizations. Youth of this age group not using tokens specified by this section shall pay the regular fare shown in Paragraph C of this section.” L. $.75 per ride based on a bulk purchase charge of $75.00 for 100 tokens, when tokens are purchased by a private non-profit agency for distribution to its clients; and the agency follows certain certification procedures established by the Transit Director as a condition of eligibility to purchase said tokens at a discount. When these procedures are not followed, the charge for token purchases shall be as outlined in Sub C, above. SECTION II. The above fare rates shall take effect on January 1, 2010, and shall remain in effect until modified as provided in Section 10.76.010. 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, Wald Klimczyk Proposed by: David J. Mumma, Transit Director Prepared by: David J. Mumma, Transit Director \\petey\COJHome\Agenda Review\Approved Agenda Items\2009\11-9-2009\Bus Fare Increase - Ord 2009-443.doc