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Full Agenda Packet CITY OF JANESVILLE CITY COUNCIL MEETING AGENDA MONDAY, January 25, 2010 7:00 P.M. 1. Call to Order and Pledge of Allegiance. 2. Roll Call. 3. Minutes of City Council meetings: “C” A.Regular meeting of January 11, 2010. 4. Licenses; and Recommendations of the Alcohol License Advisory Committee including an appeal for an operator’s license for Andrew Hamilton and a premises amendment for 4M Ventures. (Refer to separate agenda.) “C” 5. Special recognition: Action on a proposed resolution in commendation of Larry Buetzer’s service to the City of Janesville. (File Res. No. 2010-671) 6. Special recognition: Action on a proposed resolution in commendation of Ken Baschleben’s service to the City of Janesville. (File Res. No. 2010-672) 7. Special recognition: Action on a proposed resolution in commendation of Richard Schuler’s service to the City of Janesville. (File Res. No. 2010-673) 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 – January 25, 2010 Page 2 NEW BUSINESS 1. Public hearing and possible action on a request from Janesville Youth Hockey on alternative locations for Ice Skating Center and advertising rights for fundraising. 2. Action on a proposed resolution authorizing the acquisition and rehabilitation of 409 South Franklin Street. (File Res. No. 2010-667) 3. Action on a proposed resolution authorizing the acquisition of 1110 Hamilton Avenue. (File Res. No. 2010-669) 4. Action on a proposed resolution authorizing the City Manager to enter into a memorandum of understanding with Rock County for aerial photography. (File Res. No. 2010-670) 5. Schedule a study session with Sustainable Janesville Committee. 6. Introduce, refer to Plan Commission and schedule a public hearing on a proposed ordinance amending the regulations of prohibiting chickens within city limits. (File Ord. No. 2010-009) 7. Introduce and schedule a public hearing on a proposed ordinance establishing Fire Department emergency response fees. (File Ord. No. 2010-448) 8. Requests and comments from the public on matters which can be affected by Council action. 9. Matters not on the Agenda. 10. Motion to Adjourn. PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING JANUARY 11, 2010 VOL. 60 NO. 29 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on January 11, 2010. The meeting was called to order by Council President Truman at 7:00 PM. Council President Truman led the Council in the Pledge of Allegiance. Present: Council President Truman, Councilmembers Brunner, McDonald, Perrotto, Rashkin, Steeber, and Voskuil. CONSENT AGENDA Minutes of the regular meeting of December 28, 2009. Minutes of the closed session of July 13, 2009. Licenses and Recommendations of the Alcohol License Advisory Committee. Council President Truman removed 4M Ventures from the Consent Agenda. He stated that all other items on the consent agenda would be approved if there were no objections. There were none. Councilmember Brunner moved to postpone 4M Ventures liquor license amendment until the Police Department completes their investigation on licensing violations, seconded by Councilmember Steeber and passed unanimously. Donation from Janesville Conservation Club, Inc. Bill Boyd presented the Council with a $2,000 check to be used for park improvements. OLD BUSINESS 1. Requests and comments from the public regarding items on the agenda not requiring a public hearing. Richard Frank, 1119 Elida St., expressed concern about the ice chunks generated by the snow plows and felt that the City should assist citizens that are unable to remove the snow from the sidewalk free of charge. Andreah Briarmoon, 339 S. Locust St., opposed the changes in enforcement actions of snow-covered sidewalks and believed the current system is effective. (New Business #4). 2. Requests and comments from the public on matters which can be affected by Council action. Andreah Briarmoon, 339 S. Locust St., expressed concerns on how elections are handled and the requirements for recounts; requested a Citizen Board of Appeals pamphlet be created; requested Ward supervisors be placed on the spring ballot; requested a date be set for the Board of Review. 3. A proposed ordinance amending the City’s Building, Vehicles and Traffic, and Housing regulations regarding fees for re-inspections received its second reading and public hearing. Andreah Briarmoon, 339 S. Locust St., and Richard Frank, 1119 Elida St., spoke against the amendment. The public hearing was closed. Councilmember Steeber moved to adopt said ordinance, seconded by Councilmember Brunner and passed unanimously. (File Ord. No. 2009- 447) NEW BUSINESS 1. Presentation of results from City of Janesville Police Department Opinion Survey. Police Chief David Moore and Dr. Susan Johnson, presented the results of the survey. Overall, citizens feel safe and are satisfied with police services. No action taken. 2. Snow removal report. John Whitcomb, Interim Director of Public Works, explained the City’s snow and ice control goals, objectives, and procedures. No action taken. 3. Action on a proposed resolution approving the lease of parking spaces in the Parker Drive/Wall Street parking garage. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Rashkin and passed unanimously. (File Res. No. 2010-666) 4. Discussion and direction to staff on proposed changes to enforcement actions regarding snow- covered sidewalks abutting private property. Councilmember McDonald moved to eliminate mailing a letter to non-compliant property owners, and for staff to either speak directly with the occupant or leave a snow removal notice on the door, seconded by Councilmember Steeber and passed by the following vote: Aye: Brunner, McDonald, Rashkin, Steeber, Truman, and Voskuil. Nay: Perrotto. 5. Action on proposed amendments on Council Policy #68 regarding investments. Councilmember Steeber moved to approve proposed amendments, including an amendment to have the City Manager designee responsible for overseeing the investments instead of the Assistant City Manager/Director of Administrative Services. The motion was seconded by Councilmember McDonald and passed unanimously. 6. Council President Truman scheduled a study session on economic development on February 18, 2010 at 5:30 PM. 7. Council President Truman scheduled a study session on solid waste on February 11, 2010 at 5:30 PM. 8. Matters not on the agenda. Councilmember McDonald thanked staff for a good job on snow removal. Council President Truman requested the council agenda format be changed by moving comments that can be affected by Council action to the end of the meeting. In addition, he requested more seating in the front of the Council Chambers and better seating for the press. 9. Motion to adjourn. Councilmember Steeber moved to adjourn, seconded by Councilmember McDonald and passed unanimously. There being no further business, Council adjourned at 9:20 PM. These minutes are not official until approved by the City Council. Jean Ann Wulf Clerk-Treasurer JANESVILLE CITY COUNCIL LICENSE AGENDA 1/25/2010 RECOMMENDED A. ELECTRICIANS – ORIGINAL Mark M. Mezera 5922 N. Timber Ridge Dr. B. SIGN ERECTOR – ORIGINAL SIGN SERVICE SOLUTIONS, LLC N515 Blackhawk Bluff Dr., Milton, WI C. MASSAGE TECHNICIAN - ORIGINAL Brenda R. Brotzman 326 S. Locust St. Elizabeth A. Layng 1911 Camp Ave., Rockford, IL DENIED A. OPERATOR LICENSE – ORIGINAL Andrew O. Hamilton 2510 W. Fawn Ln. ALAC POSITIVE RECOMMENDATION POLICE DEPARTMENT NEGATIVE RECOMMENDATION (SEE MEMO). A. CHANGE IN PREMISES FROM SALES AND CONSUMPTION IN THE WALNUT ROOM ONLY TO LICENSING THE ENTIRE PREMISES 4M VENTURES, LLC d/b/a THE MUSIC ROOM/THE CIRCUIT Kurt A. Miller 18-24 S. River St. DUM POLICE DEPARTMENT MEMORAN January 14, 2010 TO: City Council FROM: Dan Davis, Deputy Chief of Police SUBJECT: Council Action on an Application for an Operator’s License by Andrew O. Hamilton On November 27, 2009, Andrew O. Hamilton applied for a City of Janesville Operator’s License. On December 4, 2009, I denied the application based on his recent arrest record involving alcohol and controlled substances. Mr. Hamilton appealed the denial to the Alcohol License Advisory Committee (ALAC). At the January 5, 2010 ALAC meeting, Mr. Hamilton appeared before the ALAC and pled his case. The ALAC voted unanimously to uphold the denial. Mr. Hamilton now appeals to the Common Council. The table below reflects Mr. Hamilton’s conviction record: Date Offense 03/08/07 Underage Alcohol Consumption 05/24/07 Underage Alcohol Consumption 08/15/08 Operate MV While Intoxicated 07/17/09 Possess Controlled Substance cc: Eric Levitt, City Manager Jacob J. Winzenz, Director of Administrative Services 1 JANESVILLE POLICE DEPARTMENT January 20, 2010 TO: Janesville City Council FROM: David Moore, Chief of Police SUBJECT: Class B Intoxicating Liquor and Fermented Malt Beverage License 4M Ventures, LLC, d/b/a/ The Music Room 18-24 S. River Street At the December 14, 2009 City Council meeting, Kurt Miller, representing 4M Ventures appeared requesting the Class B Restaurant Alcohol License be extended from the Music Room that is located at 18 S. River Street to the entire premises of 18 S. River Street and 24 S. River Street. The City Council voted to delay action on the matter until the January 11, 2010 council meeting. The City Council again voted to delay action on this matter at the January 11, 2010 council meeting. The following is a list of concerns regarding the premises at 18 – 24 S. River Street: • On December 22, 2009 a Janesville police officer discovered that a bartender was selling beer out of the bar at 24 S. River Street. As a result of this activity, the bartender and Mr. Miller were arrested for selling and dispensing alcohol without a license and owner in charge of a public place permitting consumption of alcohol without the appropriate license, respectively. • On December 26, 2009 officers responded to a disturbance at the Music Room 18 S. River Street. Upon arrival, officers found 150 to 200 people in the street in front of the establishment. When an officer got out of his squad car, he was hit in the chest with a bottle. The officer was unable to identify the person who threw the bottle and the crowd dispersed. • On November 10, 2009, Mr. Miller elected to employ James R. Lebeau as the manager of the Music Room. Mr. Lebeau has a considerable record including felony convictions and a significant number of civil judgment concerns. This information is easily accessible on Wisconsin Circuit Court Access (WCCA). • On December 31, 2010 Music Room Manager Lebeau ordered $1483 of food from Hhffrrrggh restaurant. Hhffrrrggh delivered the food to the Music Room as agreed. Hhffrrrggh failed to receive payment as agreed from the Music Room. Later, Manager Lebeau provided Hhffrrrggh a credit card number and expiration date to pay for the food however, it proved to be an invalid number. After a police investigation regarding the fraud, the Music Room through Manager Lebeau has agreed to a payment plan with Hhffrrrggh. • On January 13, 2010 Detective Buescher requested Mr. Miller provide a number of documents related to the operation of the Music Room. As of this date, Mr. Miller has not provided the documents nor has he contacted Detective Buescher to explain the failure to provide the documents. While the police department is not prepared to recommend the suspension or revocation of the Class B Restaurant Alcohol License for the Music Room, 18 S. River Street, the department does not support the expansion of the Class B Restaurant Alcohol License to the premises at 24 S. River Street. HUMAN RESOURCES DIVISION MEMORANDUM January 15, 2010 TO: City Council FROM: Susan Musick, Human Resources Director SUBJECT: Retirement Recognition Larry L. Buetzer, Kenneth R. Baschleben, and Richard J. Schuler Executive Summary At the City Council meeting of January 25, 2010, the following retirement commendations will be considered under the consent agenda: 1. Larry L. Buetzer for almost thirty-one years of service with the City of Janesville (File Resolution Number 2010-671). ? Larry will be attending the January 25, 2010 Council meeting. ? Larry began working for the City of Janesville on April 2, 1979, as a Civil Engineer I in the Engineering Division. He was promoted to the position of Civil Engineer II in July, 1981, and Senior Engineer in January, 1987. In September, 2007, Larry was promoted to Assistant Engineering Manager. ? Larry’s retirement date is February 25, 2010. 2. Kenneth R. Baschleben for twenty-four years of service with the City of Janesville (File Resolution Number 2010-672). ? Kenneth will not be attending the January 25, 2010 Council meeting. ? Kenneth worked for the City of Janesville from July, 1980 until July, 1982 as an Energy Laborer in the Community Development Division. Kenneth was re-hired in May, 1985, as a Laborer I in the Park Division. He held several positions during his career with the City, including Laborer, Sanitary Equipment Operator, Grounds Maintenance Worker, and Water Meter Reader. ? Kenneth’s retirement date was January 1, 2010. 1 3. Richard J. Schuler for thirty-four years of service with the City of Janesville (File Resolution Number 2010-673). ? Richard will be attending the January 25, 2010 Council meeting. ? Richard began working for the City of Janesville on August 8, 1975, as a Laborer 1 in the Public Works Division. Richard held several positions during his career with the City, including Sanitary Equipment Operator, Equipment Operator, Automotive Serviceperson, and Sewer Maintenance Operator. ? Richard’s retirement date is February 26, 2010. Recommendation Staff recommends adoption of File Resolution 2010-671, 2010-672, and 2010- 673. 2 RESOLUTION NO. 2010-671 Whereas, Larry L. Buetzer is retiring from City of Janesville employment after having diligently served the people of the City of Janesville and the community for almost thirty-one years; retiring as Assistant Engineer Manager with the City of Janesville Engineering Division; and Whereas, during Larry L. Buetzer’s employment with the City of Janesville, he provided exemplary professional service and demonstrated conscientious devotion to the duties of his position, which he performed with competence, sincerity, honesty, and dedication; and Whereas, it is desired that such commendable service to the City of Janesville be properly recognized; Now, Therefore, Be It Resolved that the people of the City of Janesville, through the City Council, do express their grateful appreciation to Larry L. Buetzer for his almost thirty-one years of loyal public service. th Dated this 25 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 Proposed by: Human Resources Prepared by: Human Resources RESOLUTION NO. 2010-672 Whereas, Kenneth R. Baschleben is retiring from City of Janesville employment after having diligently served the people of the City of Janesville and the community for twenty-four years; retiring as a Customer Serviceperson with the City of Janesville Water Utility; and Whereas, during Kenneth R. Baschleben employment with the City of Janesville, he provided exemplary professional service and demonstrated conscientious devotion to the duties of his position, which he performed with competence, sincerity, honesty, and dedication; and Whereas, it is desired that such commendable service to the City of Janesville be properly recognized; Now, Therefore, Be It Resolved that the people of the City of Janesville, through the City Council, do express their grateful appreciation to Kenneth R. Baschleben for his twenty-four years of loyal public service. th Dated this 25 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 Proposed by: Human Resources Prepared by: Human Resources RESOLUTION NO. 2010-673 Whereas, Richard J. Schuler is retiring from City of Janesville employment after having diligently served the people of the City of Janesville and the community for thirty-four years; retiring as an Equipment Operator with the City of Janesville Public Works Division; and Whereas, during Richard J. Schuler’s employment with the City of Janesville, he provided exemplary professional service and demonstrated conscientious devotion to the duties of his position, which he performed with competence, sincerity, honesty, and dedication; and Whereas, it is desired that such commendable service to the City of Janesville be properly recognized; Now, Therefore, Be It Resolved that the people of the City of Janesville, through the City Council, do express their grateful appreciation to Richard J. Schuler for his thirty-four years of loyal public service. th Dated this 25 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: Wald Klimczyk, City Attorney Proposed by: Human Resources Prepared by: Human Resources CITY MANAGER DEPARTMENT MEMORANDUM January 19, 2010 TO: City Council FROM: Eric J. Levitt, City Manager SUBJECT: Discussion/possible action on request from Janesville Youth Hockey Building Committee for City Council consideration on City providing funding to build new ice rink. Summary In 2009, the City performed some preliminary evaluations of issues and possible deficiencies at the ice rink. During the spring of 2009, the City experienced several small failures and one large failure of the ice cooling system. In addition, there have been some structural concerns with the facility including the roof and back concrete wall. There are temporary repairs that are in process. A group of individuals proposed, during the spring, that the City consider building a new rink rather than renovating the current rink. This group is currently within the Janesville Youth Hockey Association. The City Council in October approved $2 million in public funds for a one-sheet ice rink and up to $2.5 million in public funds for a two-sheet ice rink if private funds were raised to complete the facility. It was also approved to place the rink on the South side after discussion on location. Request Based on some issues that have come forward, Janesville Youth Hockey Association has requested the following considerations from the City Council. 1. That the City Council approve the ability for the club to sell naming rights for the building for $500,000 and the two sheets of ice for $250,000 each. The City Manager’s recommended restriction is that the City has approval regarding appropriate advertising. 2. That the City Council reconsider the decision to place the facility on the South Side. A letter is attached with a request to place the facility off of Blackbridge Road adjacent to the current baseball fields and landfill or alternatively to place it on the East side near the Youth Sports Complex. Possible Motion st 1 possible Motion: I move to approve authorizing the selling of naming right of the building for an amount not less than $500,000 and the two sheets of ice for not less than $250,000 each and that the naming rights would need to have final approval of the City Manager. nd 2 possible Motion: I move to approve moving the proposed location of the ice center facility to ________________. City Manager Recommendation As the City Council is aware this project has been an evolving concept or project since the Spring of 2009. Due to that there have been a variety of issues that have arisen. The first request is regarding the ability to sell naming rights for the facility and each sheet of ice. Since this is a partnership, this request allows the group to enhance their fundraising opportunities. I understand the downside to the City is future revenue potential, but there needs to be tradeoffs and the dollars requested substantiate the need to leave a given name on for at least 15 to 20 years. I will provide the alternatives that I believe are feasible for a location at this time. Locating the Ice Rink on Blackbridge 1. Pros: ? The Janesville Youth Hockey is requesting this site and believe it would be better located for reasons stated in their letter. ? The location is closer to retail locations. ? It is argued that it is easier to get to from both the West and East side. ? Allows for using the current site for a new Central Fire Station. Cons: ? I believe that we would need to have neighborhood involvement on this location. ? There are concerns with traffic impacts and may require infrastructure improvements. ? More detailed concerns are outlined in the attached memo. Locating the Rink on the South Side 2. Pros: ? This site has access to Beloit Avenue and to the Bypass. ? This location provides opportunities in the future for growth in use if Beloit is interested in joint use. This is more of an operational concern regarding 2 will the future facility remain the same in demand, potentially decline in demand or have potential for future growth. ? Allows for using the current site for a new Central Fire Station. Cons: ? May not have the same marketability for advertising. ? Concerns as far as more remote from some areas of Janesville. ? There are limited Commercial parcels or potential for Commercial growth. ? It would use a part of the Industrial Park. Locating the Rink close to the Youth Sports Facility 3. Pros: ? Would be able to reduce cost through use of shared parking. ? Reduce storm water impacts. ? Adjacent to other youth sports. ? Good access. ? Allows for using the current site for a new Central Fire Station. Cons: ? Depending on location may impact industrial space. (A new concept has come up that would allow the location to be closer to the baseball fields which may impact a baseball field.) ? Not centrally located. Locating the Rink in the downtown 4. Pros: ? Appears to be the preferred long-term location. ? Would be a catalyst for continual redevelopment ? Central location. Cons: ? Would be longer term project due to not having a current location. ? Would cost money for property acquisition. ? Would likely need to move forward with Fire Station siting. If option 4 would be the preferred option, the City would need to do some repairs to the current facility. Known repairs include: ? Roof ? Outside wall ? Some doors ? Projected cost = $220,000 3 Potential repairs include: ? Compressor ? Freon system piping ? Projected cost = $1,000,000 Depending on the length of time using the current facility there may be other unknown improvements necessary. Projected cost = $50,000 to $ 150,000. The City Manager had originally recommended components of option 4 including improvements to the current rink that would allow for more in depth look at relocating the facility. Background In 2008, the City began evaluating costs to improve the rink in response to the potential to attract a Junior A hockey team to Janesville. The initial estimates for full improvements to the rink ranged in costs from $1 million to over $2 million, but averaged out to approximately $1.5 million. As the City negotiated the contract with the Junior A team (now named the Janesville Jets), the City Council authorized $200,000 in improvements to the rink. Concurrently, the rink experienced a variety of problems this spring and was shut down for almost 2 months fixing issues with the ice cooling system. A group of Janesville residents, now affiliated with the Janesville Youth Hockey Association, began developing a proposal to form a partnership with the City of Janesville to build a new rink. The proposed rink is located adjacent to the Youth Sports Complex and built on 11 acres of City owned land. The proposed partnership evolved over the summer and has evolved into the th attached proposal. The proposal on October 26 had the following elements: ? The building and one sheet of ice would cost approximately $4 million (not including land). ? The expansion to a second sheet of ice would cost approximately an additional $1 million. ? The City is requested to commit an initial $2 million and an additional $500,000 when funds are raised for a second sheet of ice. ? The proposal projects the City to close its current $85,000 actual subsidy to a $0 operational subsidy when 2 sheets of ice are operational. ? The proposal discusses the expansion of users at the current rink over the last year ? The ownership of the rink would be initially the Janesville Youth Hockey Club, but would be sold to the City of Janesville for $100 at the completion of 5 years of operation (the City would operate the rink during the 5 years). 4 The City Manager has indicated to the group that due to concerns with competitive bidding, it would be his recommendation that if the City had ownership and responsibility for the operations of the facility that he believes that it would be best to competitively bid the project management and construction. 5 Community Development Department Memorandum Date: January 14, 2010 TO: Eric Levitt, City Manager FROM: Bradley A. Cantrell, Community Development Director SUBJECT: Analysis of Proposed Ice Arena Site on Black Bridge Road. _________________________________________________________________ You requested an analysis of the potential location of a new ice arena on the approximate 13.5 acres of land owned by the City located on the south side of Black Bridge Road adjoining and east of the now-closed landfill. The northern one-third of the property is relatively wooded. The center portion is relatively flat and in an open space use and the southern one-third is developed with some off-street parking and a baseball field which is currently leased to Boys Baseball. The site is approximately 400 feet in width, widening to 570 feet in the southernmost area, and approximately 1,150 feet in depth running from Black Bridge Road south and backing up to single- family homes fronting Matheson. The property is zoned C, Conservancy, which would allow an ice arena use under the permitted use listing of “a public recreational facility”. The property is adjacent to and across the street from an R1 District on the north, east and south, all of which are developed with single-family residences. A portion of the R1-zoned property directly east of the southernmost area is developed with the Boys Baseball fields. The property directly to the west was formerly used for sanitary landfill purposes. Landfill activities were discontinued and the site was closed several years ago. Significant grades define the perimeter of the remaining depressional area of the landfill. Currently, it exists as an open space use. Staff has evaluated this site and believes it would not be an optimal site for an ice arena facility as proposed. Our concerns are as follows: ? Black Bridge Road provides the only access to the site given the ownership pattern and without directing traffic through a residential neighborhood. Although Black Bridge Road is constructed as a four-lane section west of the site, it is currently constructed wtih two lanes from the western boundary of the property east to Milton Avenue. Therefore, road-widening improvements would be necessary in order to provide an adequate transportation network to this site. Although two access points could be provided onto Black Bridge Road, access in and out of the site after major hockey events would still be problematic. ? Because of the site’s narrow and long configuration, the building must be located in the southern portion of the site. This places the building within 100 feet of existing single-family residences and the parking area within and 20 feet from residential uses. Staff has concerns about the impact of this intensive of a use on the surrounding residential area. Because of the lack of distance between the building and parking lot areas to the single-family properties, screening and buffering could not be adequately provided. ? No storm water facilities are within the area to accommodate the drainage of the parking lots or building area. Directing storm water to the former landfill may not be possible because of its environmental condition. If this were determined possible staff would be also be concerned about destabilizing the steep hill side which could undermine the building and parking lot areas. ? Staff believes that the site being considered on Black Bridge Road, while adequate in terms of size, is ill-configured and immediately adjoins residential land uses that would not be appropriate for a use of this intensity. A short time ago, a local group approached the city about establishing a dog park on this city owned property. A neighborhood meeting was held and strong neighborhood opposition was received to such a use. Staff believes that a dog park would be a relatively minor use as compared to a 1,800 seat ice arena. As indicated above, the area east of the southern portion of this site is developed with the recreational fields associated with Boys Baseball. Boys Baseball is in the process of relocating their fields to the Youth Sports facility in the near future. The City’s Land Use Plan which is a component of the Comprehensive Plan identifies the Boys Baseball property as appropriate for mixed-residential redevelopment. Thus, if the existing ball fields and recreational activity on this adjoining property are eliminated and redeveloped as planned, an ice arena use would pose similar compatibility issues with the anticipated and future adjacent land use. City of Janesville JANUARY 18, 2010 January 8, 2010 Dear Friends, This letter would serve as a formal request to revisit the determination of the Ice Arena site as approved by the Janesville City Council on the 26th of October, 2009. As such, we would ask that this matter be placed on the Council agenda for the meeting set for the 25th of January, 2010. Previously the City Council had approved the City providing land on S. Beloit Avenue in the Industrial Park for the site of the proposed new Ice Arena. After three months of working on the site plans, and meeting with numerous potential donors, we have come to the conclusion that site is not the best site for this project. Many of the companies with whom we met, were less than enthusiastic to spend money on a building that would not directly benefit the businesses of Janesville. It was the overwhelming opinion that Ice Arena users from out of town, would arrive at the rink via the bypass and return to the Interestate without ever stopping to spend a dollar in the city. After carefully reviewing the possible alternative site plans given to us by the City Planning department, we feel the best site would be the area on the south side of Blackbridge Rd, and encompassing approximately 13.5 acres, building over the farthest west present youth baseball diamond. (We will forward a copy of this site plan prior to the meeting) This land is owned by the City of Janesville, and is not part of that owned by Youth Baseball. In addition, it is more centrally located than the south side site. For instance, it is only 8-10 minutes from the new water tower on the west side; it is less than five minutes from downtown; and it is 12-15 minutes from the east side. Furthermore, it would necessitate the users to access the rink primarily from Milton Avenue, thus fostering more local benefits from out of town patrons. In addition, by utilizing the location on Blackbridge, the City would still be able to sell the south side location as intended for a industrial site. Finally with the site on Blackbridge, users could also be funneled west on Blackbridge, and then south on Parker Drive, to add patrons to downtown businesses. When this new location was put forth to donors, there was much more interest. In fact, our ability to gain donations has been limited by the south side location. If the City Council does not wish to allow the use of the Blackbridge site, we would request you reconsider the site next to the New Gazette Building, and south of the new Baseball fields. Although not as centrally located, its location is still much preferred by the local business community over the south side site. Finally, we would request City Council approve the selling of naming rights to the rink itself and also to both sheets of ice. We have three potential donors, and want to make sure the City Council is accepting of this proposal, prior to the companies finalizing any contracts. Thank you, Janesville Youth Hocky Club Building Committee Mark Robinson, Attorney and local businessman Larry Squire President, Johnson Bank G R Lyons President, Janesville Sand and Gravel/LYCON Chris Simonson President, Zalk Josephs NEIGHBORHOOD SERVICES MEMORANDUM January 13, 2010 TO: City Council FROM: Kelly Lee, Neighborhood Development Specialist SUBJECT: Action on a Proposed Resolution Authorizing the Acquisition and Rehabilitation of 409 S Franklin Street (File Res. 2010-667) Summary The Neighborhood Services Department has received a Neighborhood Stabilization Program (NSP) grant award of $1,003,743 to acquire, rehabilitate, demolish and redevelop foreclosed and abandoned properties. The property located at 409 S Franklin Street is a foreclosed home that is consistent with the grant application and award criteria. Department Recommendation The Plan Commission and the Neighborhood Services Department recommend that the City Council support a motion to approve Resolution 2010-667 authorizing the purchase of the property located at 409 S Franklin Street at a price not to exceed $25,000 as part of the Neighborhood Stabilization Grant Program (NSP). City Manager Recommendation The City Manager recommends approval. Suggested Motion I move to approve file resolution 2010-667 authorizing the purchase of 409 S Franklin Street, at price not to exceed $25,000 as part of the Neighborhood Stabilization Grant Program. Background The Housing and Economic Recovery Act (HERA) of 2008 created the Neighborhood Stabilization Program, under which states, cities and counties will receive a total of $3.92 billion to acquire, rehabilitate, demolish, and redevelop foreclosed and abandoned residential properties. NSP funds are considered Community Development Block Grant (CDBG) funds. The U.S. Department of Housing and Urban Development (HUD) has made a total of $38,779,123 available to the State of Wisconsin and $9,187,465 to the City of Milwaukee. 1 In January 2009, the City Council authorized staff to apply for a Neighborhood Stabilization grant Program through the State of Wisconsin Department of Commerce. The City of Janesville has received an award of $1,003,743. This program allows municipalities and qualified non-profit organizations to acquire foreclosed properties for the purpose of rehabilitation, redevelopment, or demolition. The Community Development Authority (CDA) and the Neighborhood Action Team assisted in formulating criteria for potential Neighborhood Stabilization Program grant projects, including: location in area of greatest need; located within either of the two redevelopment sites as identified in the City of Janesville Look West & Old Fourth Ward Neighborhood Revitalization Plan (Adopted th December 8, 2008); properties located along collector, major arterial streets, or minor arterial streets; properties located near schools or parks; properties th identified as poor or fair condition on the 4 Ward and Look West Housing Condition Report (or of similar condition for census tracts 6 &10). The property located at 409 S Franklin Street is a foreclosed, single family home in fair condition. The project would include acquisition and minor rehabilitation to the property funded by the Neighborhood Stabilization Program (NSP) grant. Once the project is complete, the City of Janesville will market the house to a low to middle income individual or family to be used as an owner occupied home. The City will place deed restrictions on the property to assure this owner occupied status. The single family home was built in approximately 1900. The 2000 square foot, two-story colonial style home has 4 bedrooms and one and one bath and an approximately 676 square foot detached garage. The home required minor rehabilitation. The City will update the interior and make all necessary interior repairs. The property has been vacant and bank owned since September 2009. The City has an accepted offer at a purchase price of $25,000 conditioned upon City Council approval. This falls within the limits established in the grant application. An appraisal of this property was completed by Modern Appraisal Services, LLC and they determined the value of the property to be at $42,000. Analysis A. The property is zoned R-2, Limited General Residence. B. The project will include acquisition and minor rehabilitation of the property funded through the Neighborhood Stabilization Program (NSP) grant. C. The project is consistent with the criteria outlined by the Community Development Authority and the Neighborhood Action Team. The home is located in census tract 4 which has been identified as one of the areas of th greatest need in Janesville. The property is listed as “fair” in the 4 Ward and Look West Housing Condition Report. 2 D. The project is consistent with the City of Janesville Look West & Old Fourth Ward Neighborhood Revitalization Plan as well as the City of Janesville Comprehensive Plan. Plan Commission Action Brad Cantrell, Community Development Director, presented the written staff report. Commissioner Werner stated that he would be abstaining from voting on the acquisition since he didn’t know which banks were involved. There was a motion by Commissioner Adams with a second by Chairman Helgerson to forward the acquisition to the City Council with a favorable recommendation noting that the Plan Commission has not reviewed the financial aspects of this transaction. The motion carried on a 4-0-1 vote with Commissioner Werner abstaining. cc: Eric Levitt, City Manager Jay Winzenz, Dir. of Administrative Services/Assistant City Manager Jennifer Petruzzello, Neighborhood Services Director 3 RESOLUTION NO. 2010-667 RESOLUTION AUTHORIZING THE ACQUISITION AND REHABILITATION OF REAL PROPERTY LOCATED AT 409 S FRANKLIN STREET WHEREAS , Wis. Stats. §§ 62.22 (1), 62.23 (17) (a), 62.23 (17) (b), 66.0101, 62.11(5) and Chapter 32 and other pertinent Wisconsin Statutes permit the City’s acquisition, development, ownership, protection, and conservation of parkland, open space, riverfront properties, and development properties; and WHEREAS, the City of Janesville has been awarded $1,003,743 through the Neighborhood Stabilization Program (NSP) grant; and WHEREAS , the Neighborhood Stabilization Program (NSP) grant must be used for acquisition, rehabilitation or demolition of foreclosed properties; and WHEREAS , the Community Development Authority (CDA) and the Neighborhood Action Team assisted in formulating criteria for potential Neighborhood Stabilization Program grant projects, including: location in area of greatest need; located within either of the two redevelopment sites as identified in the City of Janesville Look West & Old th Fourth Ward Neighborhood Revitalization Plan (Adopted December 8, 2008); properties located along collector, major arterial streets, or minor arterial streets; properties located near schools or parks; properties identified as poor or fair condition th on the 4 Ward and Look West Housing Condition Report (or of similar condition for census tracts 6 &10) WHEREAS , the City of Janesville Administration has negotiated an offer to purchase 409 S Franklin Street in the amount of Twenty Five Thousand ($25,000); and WHEREAS , the Janesville Plan Commission has reviewed this proposed acquisition on January 18, 2010 and found it to be consistent with long range City plans, but not commenting upon the financial aspects of the transaction; and WHEREAS , the funding source for the acquisition and rehabilitation is the Neighborhood Stabilization Program (NSP) grant: NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville that they hereby approve and authorize the City Manager and/or his designee(s) to acquire and close upon the City’s purchase of the Property from the owners on behalf of the City; and BE IT FURTHER RESOLVED , that the City Manager and/or his designee(s) on behalf of the City of Janesville is/are hereby authorized and empowered to negotiate, draft, modify, review, execute, and enter into additional agreements, record, file and/or make minor modifications and/or amendments to any and all documents, papers, forms, and agreements, and to take whatever other actions as the City Manager may determine, from time to time and at any time, necessary and/or desirable to effectuate the intent of this resolution and/or the public good. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner McDonald Eric J. Levitt, City Manager Perrotto Rashkin ATTEST: Steeber Truman Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: City Attorney Proposed by: Neighborhood Services Department Prepared by: Neighborhood Development Specialist q Ô»¹»²¼ ÍËÞÖÛÝÌ Í×ÌÛ Ü¿¬»æ ïñïïñïð Í½¿´»æ ïþã ïððù Ó¿° Ý±±®¼·²¿¬»æ Óóïì ÔÑÝßÌ×ÑÒ ÓßÐ Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ ìðç Í±«¬¸ Ú®¿²µ´·² Í¬®»»¬ ÓßÐ ï ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ NEIGHBORHOOD SERVICES MEMORANDUM January 12, 2010 TO: City Council FROM: Jennifer Petruzzello, Neighborhood Services Director SUBJECT: Action on a Proposed Resolution Authorizing the Acquisition of Property at 1110 Hamilton Avenue (File Resolution #2010-669) Summary The property located at 1110 Hamilton Avenue was substantially damaged during the June 2008 Flood event. The property had a pre-flood value appraised value of $80,000 and a post-flood appraised value of $0. The property is located within the flood plain in the Mole Sadler Neighborhood, where the City Council has authorized the purchase of eleven other properties. The City has attempted to obtain grant funding to acquire this property under the Hazard Mitigation Grant Program and the Community Development Block Grant Emergency Assistance Program (CDBG-EAP), but was denied due to concerns over ground water contamination and the fact that the property was not the owner’s primary residence. The City has submitted a request for additional funding under the CDBG-EAP Program to pay for the cost of demolishing the structures at 1110 Hamilton Avenue and completing site restoration work. An offer to purchase the property has been negotiated in the amount of $30,000 subject to City Council approval and subject to grant funding being approved to cover the cost of demolition and site restoration. Department Recommendation Neighborhood Services is recommending that the Council authorize the purchase of 1110 Hamilton Avenue at a price of $30,000. The recommended source of funding for this acquisition and demolition would be: $15,000 in 2009 note issue funds for neighborhood property acquisitions and $15,000 in parkland acquisition funds. City Manager Recommendation The City Manager recommends approval. Suggested Motion I move to approve File Resolution #2010-669 authorizing the purchase of real property located at 1110 Hamilton Avenue for the purpose of flood hazard mitigation, blight elimination and parkland development contingent upon CDBG- 1 EAP grant funding being approved by the Wisconsin Department of Commerce for demolition and site restoration costs. Background The property located at 1110 Hamilton Ave. is a single family rental property located at the corner of Joseph St. and Hamilton Ave. The property owners had used this property as their primary residence until approximately three months prior to the flood, during which time they had converted it to rental property. The property is 66 feet wide by 112 feet deep, totaling 7,392 sf. The residence is a 1930 cottage style home on a concrete slab, totaling 576 sf. The property was in very good condition before the flood, with recent remodeling. The pre-flood appraisal for the property is $80,000. The 2009 assessed value (after flood) for the lot and improvements is $12,200 with and estimated fair market value of $14,889. The post-flood appraisal indicated a value of $0. The site is surrounded by flood plain, and the home cannot be rebuilt at this time because there is not dry land access to the site. The damaged, now blighted, existing improvements are considered a liability to the property’s value. The proposed acquisition of this flood damaged property is consistent with the City’s goals of mitigating flood risk in a manner that will reduce or eliminate future disaster damages to property in flood prone areas. Future flood damages will be eliminated through acquisition of the residential structures and the conversion of the properties to public greenspace. The property is located along the Rock River adjacent to or near public parkland, bike and pedestrian trail facilities and Rock River parkway lands. Acquisition is consistent with the City’s plans and policy for continued riverfront acquisition and preservation. The acquisition furthers the Parks and Open Space Plan which states that land along the Rock River should continue to be acquired to preserve as much shoreline and abutting property as possible to enable the City to increase public access to the river, control buildings, run-off, erosion and filling, improve aesthetics and decrease development pressures on the floodplain of the river. Upon acquisition and demolition of the structures, ownership of the properties will be retained by the city who will ensure long-term maintenance in an open space use. On July 28, 2008 the City Council authorized the Administration to apply for the Hazard Mitigation Grant Program (HMGP). The HMGP assists state and local communities in implementing long-term hazard mitigation measures following major disaster declaration. The City of Janesville submitted twelve properties for review under this program. On July 1st, 2009, Wisconsin Emergency Management contacted staff to inform them that nine of the twelve properties had been approved by FEMA; however three properties were removed from the application because of concerns about ground water contamination, including nd 1110 Hamilton Ave. On November 2, 2009, the City of Janesville received an official denial from FEMA regarding these three properties. The sites were 2 identified as contaminated during the environmental review process. The Department of Natural Resources has written a clearance letter for these properties citing natural attenuation as the solution to the contamination, meaning that no clean-up will be required. This contamination was caused by the former Riverside Plating Co., and was not caused by the current property owner. The Community Development Block Grant-Emergency Assistance Program (CDBG-EAP) can be used to fund the acquisition of properties damaged by the 2008 flood that were owner occupied by a low to moderate income household. The City of Janesville has submitted an amendment to the original CDBG-EAP contract with the Wisconsin Department of Commerce and anticipates funding for two of the three properties that were denied by FEMA. CDBG-EAP funding may also be used to acquire rental property at current value ($0), demolish the structure and restore the site. Properties purchased under the HMGP and owner occupied properties purchased under the CDBG-EAP program were purchased at a cost equal to the pre-flood appraisal minus any duplication of benefits including insurance and FEMA assistance. If FEMA had funded the acquisition of this property under the HMGP, the purchase price would have been $50,419 plus closing costs. The participation in this “Buy-Out” is completely voluntary and the citizens could choose to terminate negotiations with the city at any time. However, this particular property is not able to be re-built upon because it does not have dry land access. If a property is damaged greater than 50% of its equalized assessed value, steps must be taken to bring the property into compliance with current floodplain requirements. Requirements related to floor and fill elevations must be addressed by the individual property owner. In addition to these steps, contiguous dry land access must be provided. If dry land access cannot be provided, written assurance must be obtained from the police and fire chief that they can provide emergency services in a flood event or an emergency evacuation plan must be developed. In August, the Council voted not to prepare an emergency evacuation plan due primarily to safety concerns. The City currently has parkland acquisition funds in the amount of: $151,729. The purpose of the Parkland Acquisition fund is to finance improvements, acquisitions/purchases, changes or additions to any public park lands; neighborhood, regional or community parks; or greenbelts. This property is in the neighborhood bordered by Riverside Park to the north and the Rock River to the east. Fifteen thousand dollars ($15,000) in parkland acquisition funds is proposed for the purchase of 1110 Hamilton. The 2009 note issue included $500,000 in funding to acquire vacant and/or blighted neighborhood and downtown properties and demolish these properties. Due to the extensive flood damage to this property, it is now in a blighted 3 condition. Fifteen thousand dollars ($15,000) in capital funding is proposed for the purchase of 1110 Hamilton. Analysis Advantages of the proposed acquisition include: 1. Consistent with the City’s goals of mitigating flood risk in a manner that will reduce or eliminate future disaster damages to property in flood prone areas. 2. Consistent with the Parks and Open Space Plan which states that land along the Rock River should continue to be acquired to preserve as much shoreline and abutting property as possible to enable the City to increase public access to the river, control buildings, run-off, erosion and filling, improve aesthetics and decrease development pressures on the floodplain of the river. 3. City purchase of the property allows the property owners to receive compensation for their property. An offer to purchase in the amount of $30,000 is greater than the current appraised value of $0, greater than the estimated fair market value of $14,889, but is less than the $50,419 they would have received if funded under the grant programs. 4. Results in the elimination of a flood-damaged, now blighted property located within the Mole Sadler Neighborhood. Disadvantages of the proposed acquisition include: 1. The City did not provide a local share to acquire the other flood damaged properties. The $30,000 acquisition cost will utilize parkland acquisition funds and capital funds that could have been used for other properties. 2. Since the current owners are unable to rebuild at this location, they would be responsible for demolishing the property and maintaining the property at their expense should the City not acquire the property. Attachments: Map and GVS Property Data Information cc: Eric Levitt, City Manager Jay Winzenz, Assistant City Manager and Director of Administration 4 RESOLUTION NO. 2010-669 RESOLUTION AUTHORIZING THE ACQUISITION OF REAL PROPERTY LOCATED AT 1110 HAMILTON AVENUE WHEREAS , Wis. Stats. §§ 62.22 (1), 62.23 (17)(a), 62.23 (17)(b), 66.0101, 62.11(5), Chapter 32, and other pertinent Wisconsin Statutes permit the City’s acquisition, development, ownership, protection, improvement, conservation, public use, demolition, disposition, and other disposal of parkland, open space, riverfront properties, blighted properties, redevelopment, and development properties; and WHEREAS, the City has a Parkland Acquisition Fund with a balance of $151,729, which is available to finance improvements, acquisitions/purchases, changes or additions to any public park lands; neighborhood, regional or community parks; or greenbelts; and WHEREAS, the City Council approved Five Hundred Thousand Dollars ($500,000) in the 2009 Note issue for vacant and/or blighted neighborhood and downtown property acquisitions; and WHEREAS , the acquisition is consistent with the City’s goals of mitigating flood risk in a manner that will reduce or eliminate future disaster damages to property in flood prone areas; and WHEREAS, the acquisition is consistent with the Parks and Open Space Plan which states that land along the Rock River should continue to be acquired to preserve as much shoreline and abutting property as possible to enable the City to increase public access to the river, control buildings, run-off, erosion and filling, improve aesthetics and decrease development pressures on the floodplain of the river; and WHEREAS, the acquisition and demolition of 1110 Hamilton Avenue will eliminate a flood damaged, blighted property in the Mole Sadler Neighborhood; and WHEREAS , the Janesville Plan Commission has reviewed this proposed acquisition on December 17, 2009 and found it to be consistent with long range City plans, but not commenting upon the financial aspects of the transaction; and WHEREAS , the City of Janesville Administration has negotiated an offer to purchase 1110 Hamilton Avenue in the amount of Thirty Thousand dollars ($30,000); and WHEREAS , the Council find this acquisition and proposed public use(s) in the best interest of the City and of benefit to the public; and WHEREAS , the demolition cost is estimated at Six Thousand Eight Hundred Dollars ($6,800) and will be funded through the Community Development Block Grant Emergency Assistance Program; and WHEREAS, the funding source for the acquisition is $15,000 Parkland Acquisition Funds, $15,000 2009 Note Issue. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville that the City’s acquisition of 1110 Hamilton Avenue in the amount of Thirty Thousand Dollars ($30,000) for the above described public purpose(s) is hereby approved and authorized; the City Manager and/or his designee(s) may acquire and close upon the City’s purchase of the Property from the owner(s) on behalf of the City; and BE IT FURTHER RESOLVED , that the City Manager and/or his designee(s), on behalf of the City of Janesville, is/are hereby authorized and empowered to negotiate, draft, modify, review, execute, and enter into additional agreements, record, file, and/or make minor modifications and/or amendments to any and all documents, papers, forms, and agreements, and to take whatever other actions as the City Manager may determine, from time to time and at any time, necessary and/or desirable to effectuate the intent of this resolution and/or the public good. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner McDonald Eric J. Levitt, City Manager Perrotto Rashkin ATTEST: Steeber Truman Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Neighborhood Services Department Prepared by: Neighborhood Services Director îðïð îððç îððì îððí ïçîð îððï ïçîê ïçîï ïçïì ïçïì ïçðç ïçðç ïçïð ïîðè ïïîîïçðí Î±½µ Î·ª»® ïïðç ïîïé ïîïï ïîðë ïèîî ïîîç ïèîï ïîîí ïèïë ïèïë ïèðç ïèðç ïèðí ïèðí ïèðì ïéîé ïéîé ïéîî ïéïë ïéïë ïìðð ïéðè ïéðç ïéïï ïïïê ïïïð ïéðð ïêðê q Ô»¹»²¼ Ý·¬§óÑ©²»¼ Ð®±°»®¬·» Ý±«²½·´ ß°°®±ª»¼ Ð«®½¸¿» Ü¿¬»æ ïñïîñïð ïïïð Ø¿³·´¬±² ßª»²«» Ó¿° Ý±±®¼·²¿¬»æ Õóïè ÔÑÝßÌ×ÑÒ ÓßÐ Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ ÓßÐ ï ïïïð Ø¿³·´¬±² ßª»²«» ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ Community Development Department Memorandum Date: January 25, 2010 TO: Eric Levitt, City Manager FROM: Duane Cherek, Manager of Planning Services SUBJECT: Action on a Proposed Resolution Authorizing the City Manager to Enter into a Memorandum of Understanding with Rock County for Aerial Photography (File Resolution No. 2010-670). _____________________________________________________________________ Summary In order to facilitate a cooperative approach for the acquisition of new aerial photography and updated ground elevation data for the City, Rock County is requesting that the City enter into a Memorandum of Understanding (MOU) to participate in a countywide effort for a spring 2010 flight. The MOU allows for the benefit of mutual cost savings to be derived from a consortium of participants within Rock County that have agreed to use Ayres Associates, Inc. to conduct a countywide project. By engaging in a multi-jurisdictional project, digital imagery services can be provided at a reduced cost due to economies of scale with this approach. Under this program, the City also remains eligible for state grant funding that would significantly reduce the cost to the City for the project, if awarded. The estimated cost for the City’s portion of the project is $16,800 for digital imagery and $31,500 for topographic data using LiDAR. In November 2009, Rock County submitted a request to the State Department of Commerce for supplemental CDBG funding to be applied to this project. As part of the consortium, updated aerial imagery and topographic mapping information will be provided in formats that are fully compatible with the City’s GIS and engineering CADD software programs. Collecting this data in 2010 is of particular importance because it corresponds with the decennial Census which serves as a critical benchmark for defining the community in that year and providing a basis for moving forward. Department Recommendation The Community Development Department recommends that the City Council adopt Resolution No. 2010-670, which will authorize the City Manager to enter into a Memorandum of Understanding with Rock County to obtain updated aerial photography and elevation data for the City of Janesville as part of a Countywide mapping initiative for 2010. City Manager’s Recommendation The City Manager recommends approval of this resolution. Suggested Motion I move to approve Resolution No. 2010- 670 authorizing the City Manager to enter into a Memorandum of Understanding with Rock County to obtain updated aerial photography and elevation data for the City of Janesville. Background The City of Janesville has a long history of obtaining aerial photographs dating back to 1956 and has conducted a flight encompassing the City to capture this data every five years since 1970. Over the years, aerial photography and topographical base maps which are derived through aerial flights has been an essential tool and resource used by the City for a variety of analytical, planning and development purposes. Beginning in the early 2000’s, this data provided the basis for developing a Geographic Information System (GIS). The information derived from previous aerial photography projects is now outdated and needs to be replaced with current and more concise data being made available through a countywide project to be conducted in the spring of 2010. Rock County, and multiple jurisdictions located within the County, have partnered together to participate in a program to acquire digital aerial imagery and elevation data services as part of a consortium. This approach provides a number of potential benefits to all participants. By partnering together, price reductions for each member can be realized due to economies of scale involved in a larger project. Partnering for the benefit of mutual cost savings will be carried out through a single contract with Ayres Associates, Inc. to acquire orthoimagery and digital terrain model (elevation) data for all of Rock County. The County has also applied for state grant funding assistance to offset the cost of providing these digital mapping services, particularly for acquiring more accurate elevation data using a new technology known as LiDAR. Updated topographical data using LiDAR is proposed for all of Rock County under the project and will play a significant role in floodplain mapping and regulation of development within those sensitive areas. Significant cost savings to each participant and the overall project are expected with the grant award. Rock County has requested that the City of Janesville enter into a Memorandum of Understanding (MOU) in order to participate in this multi-jurisdictional project. The estimated cost for the City’s portion of the project is $16,800 for digital imagery and $31,500 for topographic data using LiDAR. In November 2009, Rock County submitted a request to the State Department of Commerce for supplemental CDBG funding to be applied to this project. The additional funding was made available to counties declared a disaster as a result of the June 2008 flood. While announcement of grant award is not expected until later next month, this project ranks highly on the State’s priority list for funding. The City proposes to use a portion of the funds borrowed in the 2008 note issue for GIS enhancements and funding included in the storm water operating budget to acquire the digital mapping products. A copy of the Memorandum of Understanding is attached which defines the arrangement between Rock County and the City of Janesville. The terms of the MOU are summarized below: ? The City of Janesville and Rock County will participate in a countywide photogrammetric and remote sensing services project to obtain updated aerial photography and elevation data using LiDAR from a spring 2010 flight. Rock County shall enter into a contract with Ayres Associates, and shall serve as the fiscal agent to administer funds from a state grant award. ? Identifies the estimated cost to the City of Janesville and Rock County for digital mapping services. The City’s portion of the cost will be proportionately reduced with the anticipated state grant award and any other cost savings that may be realized through the consortium. ? Allows project services and products to meet the City of Janesville’s specific needs in terms of specifications and deliverables. The agreement with Rock County will enable the City to obtain updated digital mapping information at a considerable cost savings. Because this information will be acquired using uniform technology for all of Rock County, Geographic Information Systems operated by Rock County and the City will become more integrated. These systems serve as an invaluable tool for a variety of economic development activities, comprehensive planning, zoning and code enforcement, floodplain mapping and regulation, public works and private construction projects within each of the underlying jurisdictions. cc: Jacob Winzenz Brad Cantrell MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into between Rock County and the City of Janesville for the benefit of mutual cost savings due to the economy of scale achieved by a spring, 2010 project through Ayres Associates Inc. to conduct a countywide photogrammetric and remote sensing services project. Each party to this agreement will obtain updated Orthoimagery and a Digital Terrain Model (DTM) through LiDAR at less cost than if they contracted for the services independently. Whereas, the parties to this agreement benefited from a countywide orthoimagery and DTM project conducted in the early 2000’s that is the basis for sophisticated Geographic Information Systems operated by Rock County and the City of Janesville. Whereas, the Geographic Information Systems are an invaluable tool used for economic development, comprehensive planning, zoning and code enforcement, flood plain mapping, public works projects, and private construction projects within Rock County and its underlying jurisdictions. Whereas, information derived from the previous orthoimagery and DTM project is outdated and needs to be replaced with current and more concise data that would be derived from the countywide project conducted in the spring of 2010. Whereas, Rock County’s interest in the project is a 12-inch resolution digital orthoimagery for the entire county and a LiDAR derived DTM for the unincorporated areas of the county. Whereas, Rock County has budgeted funds in 2010 for its share of the project not to exceed the following: $54,000 for the 12-inch digital orthoimagery for the entire county. $41,400 for the LiDAR derived DTM for the unincorporated areas of the county. Whereas, Rock County shall serve as the project fiscal agent, shall administer the state grant, if awarded that would offset the project cost for parties to this agreement, shall contract with Ayres Associates Inc. for orthoimagery and a LiDAR derived DTM for itself and the City of Janesville, and shall enter into a Memorandum of Understanding with each underlying jurisdiction in Rock County that wishes to receive detailed orthoimagery and the DTM within its incorporated limits. Whereas, the City of Janesville’s interest in the project is a 6-inch resolution orthoimagery in and contiguous to its incorporated area and a LiDAR derived DTM in and contiguous to its incorporated limits. The attached Exhibit “A” is a map that shows the boundary of the Flight Area under this agreement for orthoimagery and DTM. Whereas, the City of Janesville shall commit to repay Rock County not to exceed the following: $16,800 for the 6-inch digital orthoimagery. $31,500 for the LiDAR derived DTM. Whereas, the “not to exceed” figure is established in contracts with Ayres Associates Inc. for a multi-jurisdictional project in the spring of 2010. Rock County has applied for a state grant to offset the project costs with anticipated award announcement in February 2010. Should Rock County be a successful applicant, it shall proportionally reduce the cost to each local government participating in the project by offsetting local cost with grant funds. Whereas, if there are any additional cost savings passed along to Rock County from Ayres Associates Inc. for the countywide project, those savings shall proportionally reduce the cost to each local government participating in the project. Whereas, Rock County shall notify the City of Janesville in writing of what its actual costs are for the project based on the award announcement and/or additional cost savings. Whereas, the deliverable products called for in this Agreement shall be delivered to the City of Janesville by December 31, 2010 and the City of Janesville agrees to supply a means of data transfer from Rock County, such as an “external hard drive”. Whereas, the City of Janesville shall repay the County its actual costs, not to exceed the figure identified in this Agreement, within 30 days of the date of delivery of the orthoimagery and LiDAR derived DTM to the City of Janesville. Whereas, the City of Janesville shall have the right to prior review and approval over all substantive terms, provisions, conditions, obligations, and language set forth in any agreements between the County and Ayres Associates/AeroMetric who shall be performing the photogrammetric/remote sensing services, as those services relate to necessary deliverables for the City of Janesville portion of the countywide project, in order to assure that the City receives the quality and kind of product and service that the City may find necessary and/or desirable for City purposes and activities; and/or to maintain grant integrity and eligibility. Whereas, the parties to this agreement may use, share or sell information they derive from the project as they deem appropriate. Whereas, this MOU indicates the complete understanding of the parties and its terms may only be modified in a written document signed by both Rock County and the City of Janesville. Now, therefore be it resolved between the parties that they agree to the terms of this MOU as outlined above. Approved by Rock County Resolution __________ adopted on January 14, 2010. Approved by City of Janesville Council Resolution _________ adopted on __________. _____________________________ _____ _______________________ Municipal Representative Date Rock County Representative Date _____________________________ ____________________________ Title Title RESOLUTION NO. 2010-670 A resolution authorizing the City Manager to enter into a Memorandum of Understanding with Rock County to obtain updated aerial photography and elevation data for the City of Janesville. WHEREAS, the City of Janesville and Rock County desire to participate in a countywide photogrammetric and remote sensing services project to obtain updated aerial photography and elevation data provided through a spring 2010 flight; and WHEREAS, the City of Janesville and Rock County recognize that Orthoimagery and Digital Terrain Model (DTM) data can be updated at less cost due to the economy of scale as part of a consortium of participants within Rock County rather than if they contracted for the services independently; and WHEREAS, the City of Janesville and Rock County desire to enter into an intergovernmental agreement (hereinafter Agreement) for the benefit of mutual cost savings achieved by spring 2010 project through Ayres Associates, Inc. to acquire digital orthoimagery services; and WHEREAS, parties to this Agreement benefited from a countywide orthoimagery and DTM project conducted in the early 2000’s that is the basis for sophisticated Geographic Information Systems operated by Rock County and the City of Janesville; and, WHEREAS, information derived from the previous orthoimagery and DTM project is outdated and needs to be replaced with current and more concise data that would be derived from the countywide project conducted in the spring of 2010; and, WHEREAS, Rock County’s interest in the project is a 12-inch resolution digital orthoimagery for the entire county and a LiDAR derived DTM for the unincorporated areas of the county; and, WHEREAS, Rock County has budgeted funds in 2010 for its share of the project not to exceed the following: $54,000 for the 12-inch digital orthoimagery for the entire county $41,400 for the LiDAR derived DTM for the unincorporated areas of the county WHEREAS, Rock County shall serve as the project fiscal agent, shall administer the state grant, if awarded that would offset the project cost for parties to this agreement, shall contract with Ayres Associates Inc. for orthoimagery and a LiDAR derived DTM for itself and the City of Janesville, and shall enter into a Memorandum of Understanding with each underlying jurisdiction in Rock County that wishes to receive detailed orthoimagery and the DTM within its incorporated limits; and, RESOLUTION 2010-670 PAGE 2 WHEREAS, the City of Janesville’s interest in the project is a 6-inch resolution orthoimagery in and contiguous to its incorporated area and a LiDAR derived DTM in and contiguous to its incorporated limits. WHEREAS, the City of Janesville shall commit to repay Rock County not to exceed the following: $16,800 for the 6-inch digital orthoimagery $31,500 for the LiDAR derived DTM; and, WHEREAS, the “not to exceed” figure shall be established in contracts with Ayres Associates Inc. for a multi-jurisdictional project in the spring of 2010. WHEREAS, should Rock County be the successful recipient of a state grant to offset the project costs, it shall proportionally reduce the cost to each local government participating in the project by offsetting local cost with grant funds; and, WHEREAS, Rock County shall notify the City of Janesville in writing of what its actual costs are for the project are based on the award announcement and/or additional cost savings. WHEREAS, the City of Janesville shall repay the County its actual costs, not to exceed the figure identified in this Agreement, within 30 days of the date of delivery of the orthoimagery and LiDAR derived DTM to the City of Janesville. WHEREAS, funding for the City’s portion of the countywide orthoimagery and DTM project is provided through funds borrowed in the 2008 note issue for GIS enhancements and the 2010 storm water operating budget; and WHEREAS, the Common Council finds that entering into this agreement with Rock County to obtain updated photogrammetric data and benefit from mutual cost savings through a countywide project is within the best interest and benefit of the community. NOW, THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF JANESVILLE that they hereby authorize and direct the City Manager, City Clerk and his/her designee to negotiate, enter into and execute on behalf of the City of Janesville the attached MOU; and to negotiate, draft, execute, record and file such documents, papers and forms as may from time to time, be necessary and/or desirable to effectuate such agreement and the intent of this resolution as the City Manager may decide; and RESOLUTION 2010-670 PAGE 3 BE IT FUTHER RESOLVED BY THE COMMON COUNCIL that the City Manager and his designees are hereby authorized to take at any time and from time to time whatever other actions and make whatever minor changes to this MOU that the City Manager may from time to time find necessary and/or desirable to effectuate the intent of this resolution. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner McDonald Eric J. Levitt, City Manager Perrotto Rashkin ATTEST: Steeber Truman Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Community Development Department Prepared by: Community Development Department CITY MANAGER’S MEMORANDUM January 19, 2010 TO: Council President Truman & City Council FROM: Eric J. Levitt, City Manager SUBJECT: Schedule a study session with Sustainable Janesville Committee. The Sustainable Janesville Committee has requested that the City Council schedule a study session to review priorities and expectations for the Sustainable Janesville Committee moving forward. I recommend setting a joint meeting during a Sustainable Janesville regularly scheduled meeting. The Committee would like to meet in the near term. Due to the coming appointments to the committee, I would see advantages to having the meeting when all committee members appointed in April could be in attendance. 1 CITY MANAGER’S OFFICE MEMORANDUM January 5, 2010 TO: City Council FROM:Thomas E. Malone, Management Analyst SUBJECT: Introduce, Refer to Plan Commission and Schedule a Public Hearing on a Proposed Ordinance Amending the Regulations of Prohibiting Chickens within City Limits (File Charter Ordinance 2010-009) Request Commissioners McDonald and Rashkin have requested this item be placed on the agenda. Staff Recommendation: Staff believes the current regulations regarding chickens are adequate. However, the item can be forwarded to the Plan Commission for consideration if the Council believes it is appropriate to do so. City Manager Recommendation: I will defer my recommendation until the Plan Commission has had an opportunity to review. Background The current ordinance regulating wildlife allows chickens to be raised only in the outlying areas of the city. The ordinance reads that no chickens or chicken coops are allowed in the city, except for outlying areas where no tenement or other building resides that is occupied by someone other than the owner. Additionally poultry houses must be located at least 150 feet from any structure, except for the residence of the owner, thereby prohibiting chickens in most areas, since they are required to be kept in a coop. The number of chickens cannot exceed twenty-five. Recently the issue of whether to reduce the restrictions and allow individuals not living in the outlying areas of the city to keep chickens has been discussed at public meetings. As a result City staff has been requested to review our current ordinance and compare them with other communities. Staff researched other communities that allow chickens, including Madison to determine what if any challenges were faced from allowing chickens within city limits. Based on information from other communities that allow chickens, the number of chickens to be kept appears to be limited to 4. Also staff assigned to enforcing chicken regulations reported that there have been a limited number of incidents over the years. Zoning administrators report that any enforcement issues concerning chickens are handled on a complaint basis. Madison receives an average of 10 complaints per calendar year and states enforcement efforts are minimal, in most cases any violations are corrected without incident. Attached is a survey conducted of other Wisconsin communities and how they handle the issue of allowing chickens within city limits. Analysis Below is a list of potential pros and cons to amending the ordinance to allow chickens to be raised in areas other than the outlying areas of the city. Pros ? Allowing chickens to be raised in other areas of the city would allow those citizens living in other sections of the city the opportunity to raise chickens which can provide eggs. ? Chickens are seen as neighbor friendly due to the low amount of noise they cause. Cons ? Staff feels that if an exception is granted to raising chickens, then exceptions may be requested for other types of animals as well. ? If chickens are kept in poor conditions then it has the potential to attract vermin and predators. ? Allowing chickens in additional parts of the city will create an administrative burden to city staff including potential licensing and enforcement. ? It creates the potential to be a nuisance to neighbors of individuals who raise chickens due to the smell that is caused from chickens raised in unsatisfactory conditions. CC: Eric Levitt, City Manager Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services Community Chicken Ordinance Survey CommunityChickens Allowed# AllowedFeeDetails MadisonYes4$10No roosters, no slaughtering AppletonNo La CrosseNo BeloitNo Through special permit process at discretion of health officer RacineYesN/A$50 per animal KenoshaNo OskoshNo Eau ClaireNo JanesvilleYes25N/AOnly in outlying areas ORDINANCE NO. 2010-009 An ordinance amending the keeping of animals so as to allow the keeping of chickens everywhere within the city limits while decreasing the maximum number of kept chickens allowed to four, with penalties for violations thereof as set forth in JGO 6.12.200. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Section 6.12.010 of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: 6.12.010 Livestock and poultry—Areas not allowed-- Exceptions--Nuisances prohibited--Number limitations .A. No horse, mule, donkey, pony, cow, pig, goat, sheep, or animal raised for fur-bearing purposes, and no chicken coop, dove cote, rabbit warren, or other yard or establishment where small animals or fowl such as chickens, ducks, geese, turkeys, pheasants, rabbits, or guinea pigs are kept shall be allowed within the city limits, except in outlying building areas where no house, building, tenement, apartment house, hotel, restaurant, boardinghouse, retail food store, building used for school, religious or hospital purposes, or residence other than that occupied by the owner or occupant of the premises upon which such animals or fowl are kept is less than one hundred fifty feet from the outer edge of any barn, coop, or enclosure in which said creatures are housed or permitted to run All said creatures may be kept only when no nuisance is created thereby, and their numbers shall be kept within the limitations set out in Sections 6.12.020 through 6.12.060 B. Excepted from the prohibitions set forth in this section are chickens and chicken coops. Chicken coops and chickens must be located at least twenty-five feet from all structures including houses, buildings, tenements, apartment houses, hotels, restaurants, boardinghouses, retail food stores, buildings used for schools, religious or hospital purposes, or residences other than that occupied by the owner or occupant of the premises upon which chickens and chicken coops are kept, and cannot be kept upon any public property. In no event shall more than four (4) chickens be allowed per lot. SECTION II. Section 6.12.020 of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: 6.12.020 Poultry houses, and yards, and chicken coops--Number of birds, or fowl, or chickens permitted .Where poultry houses and yards are located at least one hundred fifty feet from the structure set out in Section 6.12.010, the keeping of not to exceed twenty-five birds or fowl, but no crowing roosters, shall be permitted. Excepted from this requirement are chicken coops and chickens, which must be located at least twenty-five feet from the structures set out in Section 6.12.010 but in no event shall more than four (4) chickens be permitted per lot. SECTION III. Section 6.12.025 of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: 6.12.025 Chickens—Defined. A “chicken” is defined as a domestic fowl bred for flesh or eggs. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner McDonald Perrotto Eric Levitt, City Manager Rashkin Steeber ATTEST: Truman Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Council Members McDonald & Rashkin Prepared by: Management Analyst & City Attorney JANESVILLE FIRE DEPARTMENT MEMORANDUM January 14, 2010 TO: City Council FROM: Gerry Luiting – Deputy Fire Chief SUBJECT: Introduce and Schedule a Public Hearing on a Proposed Ordinance Establishing Fire Department Emergency Response Fees (File Ord. No. 2010-448) Summary: Total emergency services response activity to incidents continues to increase each year. The costs associated with providing those services also continue to grow while revenues continue to fall. This proposed ordinance provides a mechanism to recover some costs of providing emergency services from the users instead of increasing property taxes. The adoption of an ordinance is necessary to charge for these fees. An attached appendix provides some samples of these billable emergency responses. Recommendation: The Fire Department supports the proposed ordinance which will allow the Fire Department to bill residents and non-residents for emergency response fees. The Fire Department intends to initially only bill for motor vehicle accidents and vehicle fires. Adoption of this proposed ordinance also provides the opportunity for the Fire Department to bill in the future for additional emergency response fees without the need for an additional ordinance. City Manager Recommendation: Consistent with the approval of the budget, the City Manager recommends approval of the ordinance. Suggested Motion: Move to adopt Ordinance 2010-448, an ordinance establishing a program to charge user fees for the rendering of emergency services by the Janesville Fire Department. Background: Total emergency services response activity to incidents continues to increase each year. The costs associated with providing those services have, and continue to grow, at a rate exceeding that of the growth of revenues to provide these services involving equipment and training. This creates additional demands on all operational aspects of the fire department services. The fire department has explored different methods to maintain a high level of quality in emergency service capability throughout times of constantly increasing service demands. Raising property taxes to meet the increase in service demands is not necessarily fair to the property owners, when many motor vehicle incidents and other emergency services involve individuals not owning property 1 or paying taxes in the fire department’s service area. An option is to bill the user of the emergency service and their respective insurance company. The ability of the fire department to effectively respond decreases the liability of insurance companies by saving lives and minimizing property and environmental damage. Analysis: Using 2008 response data, potentially $75,000 could be collected for motor vehicle accidents and motor vehicle fires. A specialized billing company, such as Fire Recovery USA LLC, would be utilized for billing and collections. Other area Fire Departments are currently billing for a variety of emergency responses including Milton, Edgerton, Town of Beloit, Orfordville, Footville, and City of Beloit. Deputy Chief Gerry Luiting will be in attendance at the Council meeting to answer any questions on this proposal that the Council may have. cc: Eric J. Levitt, City Manager Jay Winzenz, Director of Administrative Services/Assistant City Manager Chief Grorud, Fire Chief 2 Appendix A Sample Billable Emergency Responses MOTOR VEHICLE INCIDENTS Level 1 Provide hazardous materials assessment and scene stabilization. This will be the most common billing level. This occurs almost every time the fire department responds to an accident/incident. Level 2 Includes Level 1 services as well as clean up and material used (absorbents) for hazardous fluid clean up and disposal. We will bill at this level if the fire department has to clean up any gasoline or other automotive fluids that are spilled as a result of the accident/incident. Level 3 – CAR FIRE Provide scene safety, fire suppression, breathing air, rescue tools, hand tools, hose, tip use, foam, structure protection, and clean up gasoline or other automotive fluids that are spilled as a result of the accident/incident. Level 4 Includes Level 1 & 2 services as well as extrication (heavy rescue tools, ropes, airbags, cribbing etc.). We will bill at this level if the fire department has to free/remove anyone from the vehicle(s) using any equipment. We will not bill at this level if the patient is simply unconscious and fire department is able to open the door to access the patient. This level is to be billed only if equipment is deployed. Level 5 Includes Levels 1, 2, & 4 services as well as Air Care (multi-engine company response, mutual aid, helicopter). We will bill at this level any time a helicopter is utilized to transport the patient(s). HAZARDOUS MATERIALS Level 1 Basic Response; billing will include engine response, first responder assignment, perimeter establishment, evacuations, set-up and command. 3 Level 2 Intermediate Response ; billing will include engine response, first responder assignment, hazmat certified team and appropriate equipment, perimeter establishment, evacuations, set-up and command, Level A or B suit donning, breathing air and detection equipment. Set-up and removal of decontamination center. Level 3 Advanced Response ; billing will include engine response, first responder assignment, hazmat certified team and appropriate equipment, perimeter establishment, evacuations, first responder set-up and command, Level A or B suit donning, breathing air and detection equipment and robot deployment. Set-up and removal of decontamination center, detection equipment, recovery and identification of material. Disposal and environment clean up. Includes above in addition to any disposal fees of material and contaminated equipment and material used at scene. PIPELINE INCIDENTS / POWER LINE INCIDENTS (Includes, but not limited to: Gas, Sewer, Septic to Sewer, and Water Pipelines) Level 1 Basic Response; billing will include engine response and first responder assignment, perimeter establishment, evacuations, first responder set-up and command. Pipeline inspection without damage or breakage. Level 2 Intermediate Response ; billing will include engine response, first responder assignment, and appropriate equipment, perimeter establishment, evacuations, first responder set-up and command. May include HAZMAT team, Level A or B suit donning, breathing air and detection equipment. Supervise and/or assist pipeline repair. Level 3 – Itemized Billing Charges Advanced Response ; billing will include engine response, first responder assignment, and appropriate equipment, perimeter establishment, evacuations, first responder set- up and command. May include HAZMAT team, Level A or B suit donning, breathing air and detection equipment. Supervise and/or assist pipeline repair of intermediate to major pipeline damage. May include set-up and removal of decontamination center, detection, recovery and identification of material. Disposal and environment clean up. 4 FIRE INVESTIGATION Fire Investigation Team Includes: • Scene Safety • Investigation • Source Identification • K-9/Arson Dog Unit • Identification Equipment • Mobile Detection Unit • Fire Report The billing begins when the Fire Investigator responds to the incident and is billed for logged time only. WATER INCIDENTS Level 1 Shore Based Response; billing will include engine response, first responder assignment, perimeter establishment, evacuations, first responder set-up and command, scene safety and investigation (including possible patient contact, hazard control, materials utilized). This will be the most common billing level. This occurs almost every time the Fire Department responds to a water incident. Level 2 Surface Water Response ; includes Level 1 services as well as using rescue boat(s). This occurs frequently when the Fire Department responds to a water incident. Level 3 Diver Response ; includes Level 1 and Level 2 services as well as engine response, first responder assignment, dive certified team and appropriate equipment, perimeter establishment, set-up and command, and breathing air. Each incident will be billed with custom billing rates deemed usual, customary and reasonable (UCR). Level 4 Recovery Response; may include Level 1 - 3 services. You have the option to bill each incident as an independent event with custom billing rates for each incident using itemized rates deemed usual, customary and reasonable (UCR). These incidents will be billed, itemized, per trained rescue person, plus rescue products used. 5 TECH RESCUE Itemized Response: each incident will be billed with custom billing rates deemed usual, customary and reasonable (UCR). These incidents will be billed, itemized per apparatus per hour, per trained rescue person per hour, plus rescue products used. CHIEF RESPONSE This includes the set-up of Command, and providing direction of the incident. This could include operations, safety, and administration of the incident. 6 ORDINANCE NO. 2010- 448 An Ordinance establishing a program to charge user fees for the rendering of Emergency Services by the City of Janesville Fire Department. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Chapter 8.28 of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: CHAPTER 8 FIRE DEPARTMENT EMERGENCY SERVICE RESPONSE FEES 8.28.010 Purpose. 8.28.020 Emergency Services Response – Fee. 8.28.010Purpose. In order to continue to provide quality emergency services responses while minimizing the cost to the property taxpayer by recovering certain costs, expenses, and fees from the users of those rendered emergency services, the Janesville Common Council hereby desire and create a fair and equitable procedure to collect user fees for emergency services responses provided by the Janesville Fire Department. 8.28.020 Emergency services response – Fee. A. “Emergency services response” is any event in which the Janesville Fire Department is required to and/or does respond and take action. Emergency services include, but are not limited to, Fire Service and Emergency Medical Service. B. Every person, firm, corporation, and/or other entity who requires, receives, and/or is provided an emergency service response by the Janesville Fire Department shall be responsible for reimbursement for, and shall pay to the City of Janesville, any and all direct and indirect expenses, costs, fees, and payments incurred by the City of Janesville arising from and/or pertaining to the Fire Department in carrying out its duties in providing an emergency services response. C. Such emergency services response(s) rendered include, but are not limited to: motor vehicle incidents, car fires, hazardous materials incidents, pipeline and power line incidents, water incidents, transport, and fire investigations. D. The fee(s) shall be annually set by the Fire Chief based upon the previous year’s actual costs as adjusted by the projected year’s service expenses, and shall be charged to the user(s) on a proportional basis. ADOPTED: Motion by: Second by: Councilmember Aye Nay Pass Absent APPROVED: Brunner Loasching McDonald Eric J. Levitt, City Manager Rashkin Steeber Truman ATTEST: Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: City Attorney Proposed by: Fire Department Prepared by: Assistant City Attorney & City Attorney