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Full Agenda Packet
CITY OF JANESVILLE CITY COUNCIL MEETING AGENDA MONDAY, February 8, 2010 7:00 P.M. 1. Call to Order and Pledge of Allegiance. 2. Roll Call. 3. Minutes of regular City Council meeting of January 25, 2010. “C” 4. Licenses; and Recommendations of the Alcohol License Advisory Committee. (Refer to separate agenda.) “C” 5. Action on a motion to approve final Certified Survey Map 10002-C, Donald & Leo Marklein, 2 lots along Autumn Lane and Lucy Street. “C” 6. Authorization for the Administration to deny a liability claim brought on behalf of Donyil Anderson, Jr. and Skylar Hosey in the amount of $2,000,000 ($1,000,000 each). “C” 7. Authorization for the Administration to deny a liability claim from Kevin Oleston in the amount of $50,000. “C” 8. Presentation of Patriot Award to the City of Janesville. 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 – February 8, 2010 Page 2 NEW BUSINESS 1. Action on a proposed resolution authorizing a 2009 General Fund supplemental appropriation. (File Res. No. 2010-674) 2. Action on a proposed resolution authorizing the acquisition and rehabilitation of 159 South Cherry Street. (File Res. No. 2010-668) 3. Authorization for the City Manager to enter into an agreement with The Active Network, Inc. for advertising on city-owned property. 4. Action on a motion to grant a blasting permit from SX Blasting for the construction of the Janesville Waste Water Treatment Plant expansion. 5. Introduce and schedule a public hearing on a proposed ordinance amending the City’s wastewater facility and sewer use ordinance (Chapter 13.16) in order to reduce the discharge of mercury into the sanitary sewers. (File Ord. No. 2010-449) 6. Introduce, refer to Plan Commission and schedule a public hearing on a proposed ordinance rezoning property located at 1102 Pliny Avenue from R2 to M2. (File Ord. No. 2010-451) 7. Requests and comments from the public on matters which can be affected by Council action. 8. Matters not on the Agenda. 9. Consideration of a motion to convene into closed session, pursuant to Wisconsin Statute Section 19.85(1)(e), for the purpose of deliberating and setting the negotiation and bargaining strategies, terms, and conditions for a potential TIF 14 development agreement since competitive and/or bargaining reasons require a closed session. The use of audible cell phone ringers and active use and response to cellular phone technology by the governing body, staff and members of the public is discouraged in the Council Chambers while the Council is in session. PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING JANUARY 25, 2010 VOL. 60 NO. 30 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on January 25, 2010. The meeting was called to order by Council President Truman at 7:00 PM. The Boy Scouts 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 January 11, 2010. 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. Council President Truman removed the appeal for Andrew Hamilton and 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. Based on information provided to the Council, Councilmember Steeber moved to deny an operator license to Andrew Hamilton, seconded by Councilmember Rashkin and passed unanimously. Based on information provided to the Council, Councilmember Brunner moved to deny removing the premises restriction on the liquor license for 4M Ventures, seconded by Councilmember Steeber and passed unanimously. Special recognition: Action on a proposed resolution in commendation of Larry Buetzer’s 30 years of service to the City of Janesville. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Brunner and passed unanimously. (File Res. No. 2010-671) Special recognition: Action on a proposed resolution in commendation of Ken Baschleben’s 24 years of service to the City of Janesville. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Brunner and passed unanimously. (File Res. No. 2010-672) Special recognition: Action on a proposed resolution in commendation of Richard Schuler’s 34 years of service to the City of Janesville. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Brunner and passed unanimously. (File Res. No. 2001-673) OLD BUSINESS 1. Requests and comments from the public regarding items on the agenda not requiring a public hearing. Allison Rollette, 976 Industrial Ct. and David Inus, 320 Park Ave., spoke in favor of allowing chickens in City limits (NB #6). Alfred Lembrich, 541 Miller Ave., spoke against allowing chickens in City limits (NB #6) and requested proposed fire response fees be made public (NB #7). 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. Alfred Lembrich, 541 Miller Ave., stated Council should not be in the ice skating business and it should be handled by the private sector. Carol and Dennis Heimark, 2533 Wesley Ave., spoke in favor of new rink, but needs to benefit entire community and not just a few involved in hockey. Steve Scaccia, 1017 N. Marion Ave., and Harry O’Leary, 15 N. Main St., requested Council consider all sites available. Andrea Briarmoon, 339 S. Locust St., spoke against east side location, requested a referendum, opposed to naming rights, and opposed use of tax dollars. Jerry Suchanek, 3888 Mallard Ln., asked what the projected annual operating costs are for a new ice arena and how it will be funded. The public hearing was closed. Councilmember Steeber moved to refer site selection for a new ice skating facility to the Plan Commission from previously suggested sites, seconded by Councilmember Voskuil. Councilmember Voskuil offered a friendly amendment that site selection be referred to staff and sites from north, south, east, and west be reviewed, and it was accepted by the maker. The motion, as amended, failed by the following vote: Aye: Rashkin, Steeber, and Voskuil. Nay: Brunner, McDonald, Perrotto, and Truman. Councilmember Steeber moved to allow naming rights to the ice arena and refer back to City Manager to negotiate terms for length and price, seconded by Councilmember Brunner. The maker and seconder withdrew the motion. By consensus, Council requested a report from the City Manager on naming rights. Council President Truman combined New Business Items #2 and #3. 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) Councilmember Steeber moved to adopt said resolutions, seconded by Councilmember McDonald and passed by the following vote: Aye: Brunner, McDonald, Perrotto, Rashkin, Steeber, and Voskuil. Nay: Truman. 4. Action on a proposed resolution authorizing the City Manager to enter into a memorandum of understanding with Rock County for aerial photography. Councilmember Rashkin moved to adopt said resolution, seconded by Councilmember Voskuil and passed unanimously. (File Res. No. 2010-670) 5. Council President Truman scheduled a study session with Sustainable Janesville Committee on May 18, 2010 at 6:30 PM. 6. A proposed ordinance amending the regulations prohibiting chickens within City limits was introduced, referred to Plan Commission, and scheduled for public hearing on February 22, 2010. (File Ord. No. 2010-450) 7. A proposed ordinance establishing Fire Department emergency response fees was introduced and scheduled for a public hearing on February 22, 2010. (File Ord. No. 2010-448) 8. Requests and comments from the public on matters which can be affected by Council action. Alfred Lembrich, 541 Miller Ave., requested Council consider a resolution asking Newell- Rubbermaid to donate items from the Parker Pen archive to the City of Janesville or Rock County Historical Society. Council President Truman asked Administration to bring a resolution before Council. Andreah Briarmoon, 339 S. Locust St., stated 4M ventures needs City support to prevent foreclosure; asked what recourse is for employer that terminates an employee who does not leave and the police do not respond; and spoke against the ordinance for fire emergency response fees (NB #7); 9. Matters not on the agenda. Council President Truman thanked Councilmembers, the Police and Fire Departments, and citizens for their participation in Company A’s homecoming. 10. Motion to adjourn. Councilmember Steeber moved to adjourn, seconded by Councilmember McDonald and passed unanimously. There being no further business, Council adjourned at 10:06 PM. These minutes are not official until approved by the City Council. David T. Godek Deputy Clerk-Treasurer JANESVILLE CITY COUNCIL LICENSE AGENDA 2/8/2010 RECOMMENDED A. ELECTRICIANS – ORIGINAL Ronald L. Davis 1116 N. Sumac Mark D. Toberman 2505 Foster Ave. B. MASSAGE TECHNICIAN - ORIGINAL Amanda J. Olson 1407 Frederick St. C. SECONDHAND ARTICLE DEALER-ORIGINAL THE EXCLUSIVE COMPANY CORP. d/b/a THE EXCLUSIVE COMPANY Brandon S. Delrow 1259 Milton Ave. D. ORIGINAL CLASS B INTOXICATING LIQUOR AND FERMENTED MALT BEVERAGE LICENSE INCLUDING EXISTING OUTDOOR SEATING MO-TAASBAG, LLC d/b/a TAASBAG Matthew O. Sikich 2339 Milton Ave. E. ORIGINAL CLASS B INTOXICATING LIQUOR AND FERMENTED MALT BEVERAGE LICENSE FOR-SHER, LLC d/b/a OFF THE WAGON BAR N GRILL Robert M. Forbush 18-24 S. River St. F. ORIGINAL CLASS B INTOXICATING LIQUOR AND FERMENTED MALT BEVERAGE LICENSE ROSS & MONTEROS ENTERPRISES, LLC d/b/a MCSTAGGERS Alfredo De Los Monteros 123 E. Milwaukee St. Community Development Department Memorandum February 8, 2009 TO: City Council FROM: Duane Cherek, Manager of Planning Services SUBJECT: Final CSM 10002-C, Donald & Leo Marklein, 2 lots along Autumn Lane and Lucey Street. I. RECOMMENDATION The Plan Commission and Community Development Department recommend that the City Council support the release of existing utility easements within the survey area and then support a motion to approve Final CSM 10002-C. II. REQUEST Don and Leo Marklein have submitted a two lot survey of land located along Autumn Lane and Lucey Street. The survey has been prepared to reflect a lot line adjustment on two previously platted lots (Lot 50 & 51) in the Meadows Northeast Second Addition. The common lot line between the subject lots is being shifted approximately 10 feet to the south to accommodate the applicant’s building plans for the construction of a two-family residence on proposed Lot 1. The lot line adjustment and CSM will also require City Council approval of a release of two existing six-foot wide utility easements located along the common lot line. III. ANALYSIS A. The survey area includes two vacant platted lots zoned R1-Single and Two- Family Residence District. Both lots were previously granted a conditional use permit to allow for the construction of a two-family residence on each lot. The proposed lots comply with the standards of the Zoning and Subdivision Ordinances. B. The applicant is requesting the release of existing 6-foot utility easements on proposed Lot 1. No utility lines or services are currently located within the existing easement. The easement was originally dedicated on the subdivision plat to provide electric service for a street light situated in the terrace area adjoining the lots, however, electric service was extended from an alternative source and the easement is no longer necessary for public purposes. The applicant has secured a separate release from the other private utility service providers having rights to the easement. The final survey includes a note releasing the City’s interest in the easement. C. Since the property has been previously platted, land division assessments for street lights, sidewalks, and storm sewer were previously levied. The survey includes the standard sidewalk note referencing the planned installation of sidewalk improvements along the Autumn Lane and Lucey Street frontage of the lots. The survey also delineates the location of an existing sanitary sewer easement located along the west property line of Lot 2. D. The applicant should contact the City Clerk’s Office regarding any outstanding taxes, special assessments, or other fees which must be paid. IV. PLAN COMMISSION ACTION – 1 FEBRUARY 2010 The Plan Commission unanimously agreed to forward Final CSM 10002-C to the City Council with a favorable recommendation. cc: Eric Levitt, City Manager Jay Winzenz, Dir. of Administrative Services/Assistant City Manager Brad Cantrell, Community Development Director CITY ATTORNEY’S OFFICE MEMORANDUM January 29, 2010 TO: City Council FROM: Tim Wellnitz, Assistant City Attorney SUBJECT: Authorization for the Administration to Deny a Liability Claim brought on behalf of Donyil Anderson, Jr. and Skylar Hosey in the amount of $2,000,000 ($1,000,000 each). It is alleged that on August 9, 2008 Stacey Hosey died as a result of actions taken by Donyil Anderson. That evening he was arrested, processed, and released by Janesville police in a separate unrelated incident. On November 30, 2009, a claim was received from Attorney Jack Hoag representing the maternal grandparents of Donyil Anderson, Jr. and Skylar Hosey (Stacey Hosey’s children) alleging negligence by the City of Janesville. The claim alleges that the children have been deprived of her companionship and her economic contributions to their futures and demand satisfaction in the amount of $2,000,000 ($1,000,000 each). After investigating this incident, and with the concurrence of the City’s Insurance Claims Representative at Cities & Villages Mutual Insurance Company (CVMIC), it has been determined that the City should deny this claim. Resolution 89-1175, establishing our claims administration procedure, states in section 4.3a: The City Claims Administrator shall review, investigate, verify and within ninety (90) days of receiving such claim, prepare and forward a written recommendation to the Common Council for its review, consideration, and action each and every claim in face amount greater than Five Thousand Dollars ($5,000). I recommend that the City Council deny by consent and authorize the Administration to deny the claim received on behalf of Donyil Anderson, Jr. and Skylar Hosey in the amount of $2,000,000 ($1,000,000 each). cc: Eric Levitt, City Manager Jacob J. Winzenz, Director of Administrative Services/Assistant City Manager J:\Finance & Administration\Finance Administration\Risk\Claims-Word\City Council Memos\Donyil Anderson, Jr. -- Skylar Hosey.doc CITY ATTORNEY’S OFFICE MEMORANDUM January 29, 2010 TO: City Council FROM: Tim Wellnitz, Assistant City Attorney SUBJECT: Authorization for the Administration to Deny a Liability Claim from Kevin Oleston in the Amount of $50,000. On December 5, 2008, Kevin Oleston was involved in a motor vehicle accident at the intersection of Lodge Drive and Milton Avenue in Janesville, Wisconsin. He alleges that the City failed to maintain a traffic signal causing an accident and personal injuries to him. On April 3, 2009, a claim was received from Attorney Steven T. Caya on behalf of Kevin Oleston for medical expenses, wage loss, and pain and suffering in the amount of $50,000. After investigating this incident, and with the concurrence of the City’s Insurance Claims Representative at Cities & Villages Mutual Insurance Company (CVMIC), it has been determined that the City should deny this claim. Resolution 89-1175, establishing our claims administration procedure, states in section 4.3a: The City Claims Administrator shall review, investigate, verify and within ninety (90) days of receiving such claim, prepare and forward a written recommendation to the Common Council for its review, consideration, and action each and every claim in face amount greater than Five Thousand Dollars ($5,000). I recommend that the City Council deny by consent and authorize the Administration to deny the claim received from Kevin Oleston in the amount of $50,000. cc: Eric Levitt, City Manager Jacob J. Winzenz, Director of Administrative Services/Assistant City Manager J:\Finance & Administration\Finance Administration\Risk\Claims-Word\City Council Memos\Kevin Oleston.doc JANESVILLE POLICE DEPARTMENT January 27, 2009 TO: City Council FROM: Chief Moore SUBJECT: Patriot Award Nomination Officer Chad Woodman has nominated the Janesville Police Department for the Patriot Award from the Employee Support of the Guard and Reserve, an organization of the Department of Defense. th Officer Woodman is a member of the Wisconsin Air National Guard, 115 Security Forces Squadron and deployed with Operation Iraqi Freedom. The Patriot Award is presented to the Janesville Police Department for their continued support of employees serving in the National Guard and Reserve. The award will be presented by Colonel (Ret) Mike Williams at the February 8, 2010 City Council meeting. Colonel Williams retired form the Wisconsin Army National Guard following 30 years of service. ACCOUNTING DIVISION MEMORANDUM February 1, 2009 TO: City Council FROM: Patty Lynch, Comptroller SUBJECT: Action on a Proposed Resolution Authorizing a 2009 General Fund Supplemental Appropriation (File Resolution #2010-674) Summary The 2009 General Fund budget results indicate that council action is necessary to provide a budget amendment for funding for Public Works. The Public Works group of budgets has exceeded its budget appropriation due primarily to snow removal costs and council action is required to provide a supplemental appropriation in accordance with Council Policy Statement 58. Department Recommendation Staff recommends Council adopt Resolution #2010-674 authorizing supplemental appropriation for the Public Works budget. Suggested Motion Move to adopt File Resolution #2010-674. City Manager Recommendation The City Manager recommends approval. Budget Results The preliminary 2009 General Fund operating results indicate that actual expenditures are $469,763, or 1.1% under the amount appropriated. However, Public Works budgets are $221,768, or 4.2%, over budget due to the snow removal activities exceeding the 2009 budget by $345,038. Amount Percentage Unexpended Unexpended (Overexpended) General Government $164,743 4.9% Public Safety (including Police and Fire) 305,539 1.4% Public Works (including Public Works Administration, Engineering, Street Maintenance & Repairs, Public (221,768) -4.2% Buildings and Parking Facilities, Traffic Management, Transit Subsidy) Leisure Services (including Leisure Services Administration, Senior Citizens Center, Aquatics, Youth 79,869 2.7% and Adult Recreation, Parks, and Ice Skating Center) Community Development (including Economic Development, Community Development and Property 140,719 8.8% Maintenance) Supplemental Appropriation Memo Resolution #2010-674 Other (including Economic Adjustments, Employee Fringe Benefits and Insurance, Contingency Account, 661 0.1% and Special Assessments Transfer) General City Debt Service 0 0.0% TOTAL $469,763 1.1% Budget Adjustment In accordance with Council Policy Statement 58, when the adopted program appropriation does not contain sufficient funds, such funding may be provided by council action. The supplemental appropriation may be funded by transfers from other program appropriations or by appropriation from the General Fund’s undesignated fund balance. To be in accordance with the budget policy, each program, or group of budgets as listed above, must be within the adopted budget resolution amount. Since the Public Works program is over budget in 2009 due to excessive snow removal costs, council action is needed to provide a supplemental appropriation. In previous years, budget adjustments were structured with a combination of supplemental appropriations and budget transfers because of limitations imposed by the State Shared Revenue- Expenditure Restraint Program. The 2009 General Fund operating budget, as originally adopted, was $1,965,254 under the expenditure restraint limit. Since there is ample room within the expenditure restraint program, we are requesting to increase the 2009 snow removal budget by the amount of the budget shortfall, or $345,000. Snow Removal The 2009 snow removal budget exceeded the budget appropriation by $345,038, or 39.8% greater than the 2009 budget of $867,260. As shown in the table below, for calendar year 2009 the City of Janesville had measurable snow fall of 45 inches. The removal of this snow lead to six full plow events compared to a normal year of four. The cost for snow removal and salt purchases in December 2009 was $429,057. During the past three years, heavy December snow falls have pushed the snow removal cost to be over budget requiring supplemental appropriations. Comparison of Annual Snow Events and Expenditures 20052006200720082009 Total Inches of Snow42.928.268.3100.945 Snow Event Type (number of events) Full Plow8413116 Partial Plow (arterials only)30242 Full Salt12226257 Partial Salt (arterials and/or hills only)733116 Downtown Snow Removal33843 Total No. of Events 3312525524 Expenditures Original Budget$697,122$738,111$808,314$822,455$867,260 Actual 1,030,643 690,623 1,604,891 1,576,344 1,212,298 (Over) Under Budget ($333,521)$47,488($796,577)($753,889)($345,038) 2 Supplemental Appropriation Memo Resolution #2010-674 Fund Balance Analysis Approval of the supplemental appropriation does not impact the fund balance at year- end. Fund balance change is based upon the actual revenue and expenditures. The General Fund preliminary 2009 operating results indicate another year of fund balance decline. When the 2009 budget was adopted, the revenue budget was $40,411,684 and the expenditure budget was $41,642,684, which left a balance of $1,231,000 to be provided by use of fund balance. The preliminary 2009 budget results indicate favorable results for both revenue and expenditures. Revenue will be approximately $215,000 over budget and expenditures will be roughly $470,000 under budget. However, because the positive budget variances do not cover the $1,231,000 of applied fund balance in the adopted budget, fund balance will decline approximately $546,000. We projected at budget submittal that it would decline about $500,000. General Fund Changes in Fund Balance Last Five Fiscal Years 20052006200720082009 Revenue$ 36,380,458$ 37,586,029$ 39,296,706$ 39,922,962$ 40,627,000 Expenditures 35,691,914 37,208,723 39,473,648 40,963,454 41,173,000 Net change in fund balance 688,544 377,306 (176,942) (1,040,492) (546,000) Fund balance -beginning of year 7,925,827 8,614,371 8,991,677 8,814,735 7,774,243 Fund balance -end of year$ 8,614,371$ 8,991,677$ 8,814,735$ 7,774,243$ 7,228,243 With the approval of this supplemental appropriation, the 2009 General Fund expenditure budget will increase by $345,000 to $41,987,684. The unexpended budget appropriation will increase by the same amount to $815,000 and will be returned to the General Fund’s Undesignated Fund Balance. cc: Jacob J. Winzenz, Director of Administrative Services Eric J. Levitt, City Manager 3 RESOLUTION NO. 2010-674 A RESOLUTION AUTHORIZING A 2009 GENERAL FUND SUPPLEMENTAL APPROPRIATION WHEREAS , the City of Janesville experienced atypical weather conditions in 2009; and WHEREAS, the weather conditions required an increase in the level of snowplowing and snow removal efforts; and WHEREAS , the City’s 2009 budget for the purpose of snow plowing and snow removal has been over expended; and WHEREAS, the Common Council find that it is in the best interest of the City to provide supplemental funding for such snow removal; and WHEREAS, Council Policy Statement #58 requires the Council’s approval to amend the current year’s budget to provide funding when the adopted program appropriation does not contain sufficient funds; and WHEREAS , it is within the authority of the Common Council, pursuant to Section 65.90(5)(a), Wisconsin Statutes to authorize and direct such supplemental appropriations. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Janesville that all of the above recitals are incorporated herein by reference as if fully set forth verbatim; that pursuant to Section 65.90 (5)(a) of the Wisconsin Statutes, the Common Council of the City of Janesville hereby authorize and direct that a supplemental appropriation in the amount of $345,000 be and hereby is made from the General Fund’s Undesignated Fund Balance and placed into the now amended 2009 General Fund Snow Removal budget account. 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: Administrative Services Department Prepared by: Administrative Services Department 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 159 Cherry Street (File Res. 2010-668) 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 159 Cherry 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 2010-668 authorizing the purchase of the property located at 159 Cherry Street, at a price not to exceed $47,500 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 2010-668 authorizing the purchase of 159 Cherry Street, at price not to exceed $47,500 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 159 Cherry Street is a foreclosed home in fair condition. At one time the property had been used as three unit rental property; however staff has been told by neighboring property owners and the real estate agent that the property has been most recently used as a single family home. The project would include acquisition and minor rehabilitation to the property funded by the Neighborhood Stabilization Program (NSP) grant. Once the project is complete, the City of Janesville will market the house to a low to middle income individual or family to be used as an owner occupied home. The City will place deed restrictions on the property to assure this owner occupied status. The single family home was built in approximately 1870. The 2100 square foot, two-story home has 4 bedrooms, one bath, and an approximately 864 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 October 2009. The City has an accepted offer at a purchase price of $47,500 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 $50,000. Analysis A. The property is zoned R-3, 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 2 th greatest need in Janesville. The property is listed as “fair” in the 4 Ward and Look West Housing Condition Report. D. The project is consistent with the City of Janesville Look West & Old Fourth Ward Neighborhood Revitalization Plan as well as the City of Janesville Comprehensive Plan. Plan Commission Action 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. 2010-668 RESOLUTION AUTHORIZING THE ACQUISITION AND REHABILITATION OF REAL PROPERTY LOCATED AT 159 CHERRY STREET 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 of Janesville has been awarded $1,003,743 through the Neighborhood Stabilization Program (NSP) grant; and WHEREAS , the Neighborhood Stabilization Program (NSP) grant must be used for acquisition, rehabilitation, or demolition of foreclosed properties; and WHEREAS , the Community Development Authority (CDA) and the Neighborhood Action Team assisted in formulating criteria for potential Neighborhood Stabilization Program grant projects, including: location in area of greatest need; located within either of the two redevelopment sites as identified in the City of Janesville Look West & Old th Fourth Ward Neighborhood Revitalization Plan (Adopted December 8, 2008); properties located along collector, major arterial streets, or minor arterial streets; properties located near schools or parks; properties identified as poor or fair condition th on the 4 Ward and Look West Housing Condition Report (or of similar condition for census tracts 6 &10); and WHEREAS , the City of Janesville Administration has negotiated an offer to purchase 159 Cherry Street in the amount of ______________ ($________); and WHEREAS , the Janesville Plan Commission has reviewed this proposed acquisition on January 17, 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 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 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 the City’s acquisition of 159 Cherry Street in the amount of ____________ Dollars ($________) 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 Development Specialist q Ô»¹»²¼ ÍËÞÖÛÝÌ Í×ÌÛ Ü¿¬»æ ïñïïñïð ͽ¿´»æ ïþã ïððù Ó¿° ݱ±®¼·²¿¬»æ Ôóïì ÔÑÝßÌ×ÑÒ ÓßÐ Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ ïëç ݸ»®®§ ͬ®»»¬ ÓßÐ ï ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ CITY MANAGER’S OFFICE MEMORANDUM February 1, 2010 TO: City Council FROM:Thomas E. Malone, Management Analyst SUBJECT: Authorization for the City Manager to Enter into an Agreement with The Active Network, Inc. for Advertising on City-Owned Property. Request Eric Levitt (City Manager) has requested Council consideration of contracting with Active Network. Suggested Motion If the City Council wishes to authorize the City Manager to enter into an agreement with The Active Network, Inc. for advertising on City-owned property then the following motion should be made. I move to authorize the City Manager to enter into the agreement between The City of Janesville and Active Network, Inc. in which Active Network, Inc. will advise the City on advertising opportunities on City-owned property to generate revenue. Background During the budget study sessions there was discussion regarding the City looking into additional sources to generate revenue. Staff projected that this advertising concept would generate $100,000 in advertising revenues from entering into an agreement with The Active Network, Inc. The purpose of the agreement will be to have The Active rd Network, Inc. advise and assist in entering into advertising agreements with 3 party rd entities. The 3 party entities would advertise on City-owned assets.. The City would have the final determination in deciding if the advertisements are appropriate. Attached is a copy of the agreement between the City and the Active Network, Inc. A description and time line of the services is included in Exhibit 1 with the agreement. Also included is a flyer on the services Active Network, Inc. provides. Ivan Gearhart, from the Active Network, Inc. will be available to answer any questions the Council has regarding the agreement. City Manager Recommendation As I evaluated the budget for 2010, my assessment of City Council goals and direction was to limit the property tax increase and minimize service reductions. Due to the fact that the property tax is the major revenue source for the General Fund, I determined that evaluating other revenue options was one possible alternative. This concept has a major positive impact in that it does not increase taxes or fees on residents and local businesses. However, the downside is that it enters an area that traditionally has not been embraced as a source of revenues. In weighing the upside and downside, I recommend moving forward with this contract for the following reasons: ? This company has a proven track record in working with other cities and public entities to increase advertising revenue. ? The upfront cost is low in comparison to the possible return. ? The City Council has veto authority over all advertisements and the City has the ability to establish the parameters. ? The revenues moving forward could be a growth area for the City which would provide some stabilization moving forward. ? I foresee challenging budgets moving forward and creativity will need to be used to get the City through these times. ? The $100,000 should be on the conservative side long-term. CC: Eric Levitt, City Manager Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services PROFESSIONAL SERVICES AGREEMENT Agreement This Professional Services Agreement (“”) is made and entered into as of Effective Date _________________, 20___ (the “”) between the City of Janesville CityTHE ACTIVE (“”), a municipal corporation located in Rock County, Wisconsin and NETWORK, INC.Active (“”), a Delaware corporation with its principal place of business at 10182 Telesis Court, Suite 300, San Diego, CA 92130 (each of City and Active being a PartyParties “” and collectively “”). WHEREAS : A. Active maintains sports-related Web sites on the Internet and is engaged in a variety of businesses including, but not limited to, municipal marketing, online registration for participatory sporting events, Web-based team and league tools and management utilities; custom Website design services; e-commerce; database management; event promotion, production and sponsorship marketing; product sampling and other field marketing services; and other services relating to Active Business recreational and participatory sports (the “”); B. Citydesires to obtain professional consulting services to assist in the development and implementation of a marketing program between the City and private companies ; and C. Active provides such services and is willing to undertake such services for City pursuant to the terms and conditions as more specifically set forth herein. NOW THEREFORE , in consideration of the above premises and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged by Active and City, the Parties, intending to be legally bound hereby, agree as follows: Services. Services 1. Active shall perform the services and obligations (the “”) and City shall fulfill the obligations more specifically set forth in Exhibit 1 attached hereto. Additional Services may be added to the Agreement by a statement of work mutually agreed upon and signed by both Parties and the terms of this Agreement shall apply to such future Services. Compensation. 2. City agrees to pay Active the amounts for the Services as agreed upon by the Parties more specifically set forth in Exhibit 2 attached hereto. Active will invoice City for all such amounts, provided that City will pay all amounts described above as being payable on or before a specific date (or for which the payment due date can be determined) on or before such dates, whether or not any invoice with respect thereto has been received, and each such amount will be overdue upon the day following such due date. Otherwise, all invoices are due th upon receipt and overdue on the 30 day after date of receipt. To the extent any amount is not paid prior to becoming overdue, such amount will bear interest from the date of initially becoming due, at a rate equal to the lesser of One Percent (1.0%) 1.5% per month, compounded monthly, or the maximum rate permitted by law. Further, if any amount payable remains unpaid thirty (30) 15 days after becoming overdue, Active shall have the right upon ten (10) days’ prior written notice to City to (i) immediately terminate this Agreement and/or (ii) accelerate any unpaid portion of the Compensation so that it will be due and payable to Active as of the termination date. City is responsible for all taxes, duties, and other charges in the nature of taxes and duties (excluding taxes on the net income of Active) eligible in relation to the Services and the Compensation. Expenses. 3. City shall reimburse Active for reasonable travel costs, not to exceed two (2) round trips from Active’s Home office to Janesville and in no event shall the aggregate of Active’s travel expenses during the initial term of this Agreement exceed Eight Hundred Dollars ($800.00). Press Release/Publicity. 4. Upon written approval of the other Party, Active or City may issue a formal press release relating to the entry and general terms of the Agreement. Confidentiality. 5. The Parties recognize that confidentiality is of the essence of this Agreement. Except as otherwise expressly permitted in this Agreement, neither Party shall disclose to any person or entity (except such recipient Party’s own employees and agents with a need to know such information in order to permit execution and completion of the Agreement who are aware of and have agreed to maintain the confidentially of the information, and such recipient Party’s legal counsel and/or accountants/auditors) any information of the other Party Confidential Information obtained in connection herewith (the ""). Confidential Information does not include information which: a) is at the time of disclosure or subsequently becomes generally available in the industry and/or to the public through no act of the receiving Party, b) was rightfully in the receiving Party's possession prior to the date of the disclosure of such information to such Party, c) is supplied to the Party without restriction by a third party who was under no obligation to the disclosing Party or any other person or party to maintain such information in confidence, d) is independently developed by the receiving Party, e) the receiving Party is or shall become required by law or court order to disclose. Further, the Parties shall treat the terms (but not the existence) of this Agreement as Confidential information, provided that paragraphs b) and d) shall not apply to render such terms non-confidential. Indemnification by Active 6. . Active shall defend, indemnify, and hold harmless the City and each of the City’s elected and appointed officials, officers, directors, employees, agents, subcontractors, representatives, successors and assigns from and against any and all third party claims, losses, liability, costs and expenses (including reasonable attorneys' fees) incurred by the City or any of the other 2 above enumerated City persons arising out of or in connection with (i) the gross negligence, or intentional misconduct, of Active or any of Active’s directors, officers, employees, representatives, agents, or affiliated others; (ii) violation by Active of any applicable federal, state or local law, rule or regulation; (iii) intellectual property claims by third parties of materials provided by Active hereunder; or (iv) breach by Active of its representations, warranties or obligations hereunder; provided however, that Active’s obligation to indemnify the City and above others hereunder shall not apply to any loss, liability, damage or expense to the extent that is caused by or arises out of the negligence or willful misconduct of the City (any of its employees or agents) or by any breach by the City of any of its representations, warranties or obligations hereunder and further provided that City provides to Active written notice, within thirty (30) days after its receipts of any claim or complaint, of any claim or lawsuit arising from the term of this Agreement. Indemnification by City 7. . Except where precluded by applicable law, City shall defend, indemnify and hold harmless Active and its directors, officers, employees, agents, subcontractors, representatives, successors and assigns from and against any and all claims, losses, liability, costs and expenses (including reasonable attorneys' fees) incurred by Active arising out of or in connection with (i) the gross negligence or intentional misconduct of City; (ii) violation by City of any applicable federal, state or local law, rule or regulation; (iii) intellectual property claims by third parties of City IP (as defined below) provided by City herein; or (iv) breach by City of any of its representations, warranties, or obligations hereunder, which shall include defaulting on any payment obligation; provided however, that City’s obligation to indemnify Active hereunder shall not apply to any loss, liability, damage or expense to the extent that is caused by or arises out of the negligence or willful misconduct of Active (any of its employees or agents) or by any breach by Active of any of its representations, warranties or obligations hereunder and further provided that Active provides to City written notice, within fifteen (15) working days after its receipts of any claim of complaint, of any claim or lawsuit arising from the term of this Agreement. In no event shall the City’s liability hereunder, nor shall Active and/or any others in aggregate receive from the City an amount to Fifty Thousand and 00/100 Dollars ($50,000.00). EXCLUSION OF WARRANTIES AND LIMITATIONS OF LIABILITY. 8. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: TO THE EXTENT PERMITTED BY LAW, ACTIVE EXPRESSLY A) DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS THAT ITS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. ACTIVE’S SERVICES ARE PROVIDED TO CITY ON AN “AS-IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; NEITHER PARTY SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, B) INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT 3 LIMITED TO ANY SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY), OR FOR INTERRUPTED COMMUNICATIONS, LOSS OF USE, LOST BUSINESS, LOST DATA, OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT; AND ACTIVE’S MAXIMUM AGGREGATE LIABILITY UNDER THIS C) AGREEMENT IN ANY CASE WHATSOEVER SHALL NOT EXCEED AN AMOUNT GREATER THAN THE AMOUNT ACTUALLY RECEIVED BY ACTIVE FROM CITY UNDER THIS AGREEMENT. Intellectual Property 9. . City hereby grants to Active a royalty-free, non-exclusive license to use to all intellectual property of City (including without limitation any City IP trademarks, trade names, trade dress and copyrights) (collectively, "") necessary for Active to use and provided by City for the sole purpose of carrying out Active’s obligations under this Agreement. No right, property, license, permission or interest of any kind in or to the use of City IP is or is intended to be given to, transferred to, or acquired by Active by the execution, performance or nonperformance of this Agreement or any part thereof other than the express non- exclusive licenses set forth in this Agreement. Any intellectual property developed by Active separate and apart from the City IP pursuant to this Agreement shall be the sole property of Active. Term and Termination.Term 10. The term of this Agreement (the “”) shall commence upon the Effective Date and continue until terminated in accordance with the remainder of this provision. The Agreement may be terminated as follows: a) by either Party upon the material breach of this Agreement by the other Party, if such breach remains uncured for thirty (30) days following written notice to the breaching Party; b) by either Party upon the bankruptcy, insolvency, or appointment of a receiver or receiver-manager in relation to the business and/or assets of, the other Party; or c) by either Party with thirty (30) days prior written notice. If this Agreement is terminated prior to its completion either (i) by Active under either of paragraphs or above, or (ii) by City other than under paragraph or above, City will indemnify Active for any non-cancelable commitments properly entered into by Active prior to termination, hereunder and shall reimburse Active for any unbilled incomplete work previously authorized by City. Active Promotion. 11. Upon written approval by City, Active may use the existence of this Agreement, and descriptions of the Services Active provides hereunder, to promote Active’s services to other entities during and after the Term of this Agreement. In relation thereto, City grants to Active a, non-exclusive, perpetual, royalty-free license to display and distribute in its marketing and case study 4 materials and efforts samples of any promotional materials generated in the course of this Agreement, and any logo, trademark or service mark provided by City in association with this Agreement (provided that Active may not modify any such marks in any way other than to resize them), for the limited purposes of demonstrating and promoting Active’s own services and the Active Business. Such license shall, without limitation, include the right to display and distribute such material and information on Active’s internet sites but will expressly exclude paid advertisements without further written approval from City. Miscellaneous. 12. Entire Agreement. a) This Agreement and the Exhibits attached hereto, as amended, set forth the entire understanding and Agreement of the Parties as to the subject matter hereof, and supersede any and all prior representations, warranties, negotiations, agreements, and arrangements, and may be changed only by a written agreement signed by both Parties. Headings are inserted for the convenience of the Parties only and shall not be interpreted to modify the contractual language within each section or Exhibit. Notice. b) All notices or other written communication required under this Agreement shall be in writing sent to the addresses provided in this provision (as changed from time to time upon noticed as provided in this provision) and shall be deemed properly given by sender and received by the addressee if on (i) the date of personal service or courier delivery, (ii) the fifth (5th) business day following first class, registered or certified, postage prepaid mailing, or (iii) one (1) business day after being sent by facsimile, provided that the sender retains confirmation of delivery. If to Active: The Active Network, Inc. 10182 Telesis Court San Diego, CA 92121 Attn: Stephen Kehle Fax: 858-430-3464 With a copy to: General Counsel If to City: Jean Ann Wulf City Clerk-Treasurer Municipal Building 18 North Jackson Street Janesville, WI 53547-5005 Fax: 608-755-3207 With a copy to: City Attorney No Joint Venture. c) Nothing contained in this Agreement or performed pursuant to this Agreement shall be construed as creating a partnership, agency or joint venture between City and Active. The employees of one 5 Party hereto shall not be deemed to be employees or agents of the other Party for any purpose whatsoever. Accordingly, each Party is responsible for payment of all employment taxes, benefits, insurance, and the like for all work performed by its employees in connection with the performance of this Agreement. Damages d) . In addition to any other damages that either party may be entitled to at law or in equity, should either party breach this Agreement, the non-breaching party shall be entitled to recover reasonable attorney's fees, costs, and expenses incurred in successfully enforcing the terms of this Agreement. Governing Law; Submission to Jurisdiction e) . This Agreement and any disputes arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) shall be governed by the laws of the State of Wisconsin and the only forum shall be the circuit courts located in the County of Rock, State of Wisconsin; without reference to principles of conflicts of law and shall have exclusive jurisdiction and venue to hear and decide any and all legal actions, suits or proceedings arising out of this Agreement (whether for breach of contract, tortious conduct or otherwise), and the parties to this Agreement each hereby irrevocably accept and submit to the personal jurisdiction of such court with respect to any legal actions, suits, or proceedings arising out of this Agreement. No Assignment f) . This Agreement may not be assigned by either Party without first securing the written consent of the other Party, which consent shall not be unreasonably withheld, except that such consent shall not be necessary in the event of an assignment by way of merger or acquisition involving fifty-one percent (51%) or more of a Party’s assets or voting shares or where Active assigns its rights, but does not delegate its performance obligations, created by this Agreement. Further Assurances g) . Each of the Parties agrees to take such further action to execute and deliver such additional documents as may be reasonably required to them to effectuate the purpose and intent of this Agreement. Force Majeure. h) Each party will promptly notify the other upon becoming aware that a Force Majeure Event has occurred or is likely to occur and will use commercially reasonable efforts to minimize any resulting delay in or interference with the performance of its obligations hereunder. Subject to the foregoing, neither party will be liable for any delay resulting from a Force Majeure Event and relevant performance dates will be extended to the extent of any such delay. For purposes hereof, "Force Majeure Event" means, with respect to either party, any strike or other labor dispute, riot, war, act of terrorism, any natural disaster, fire, explosion, act of government or governmental agency or instrumentality, or other 6 contingency beyond the reasonable control of either party, which in any such case interferes with, or prevents, the fulfillment by such party of its obligations hereunder. Survival. i) Sections 6 though 12 of this Agreement (expressly excluding the license granted by City in section 9), as well as all obligations of City to pay outstanding amounts, shall survive the expiration or termination of this Agreement for any reason. Counterparts; Delivery j) . This Agreement shall be executed in separate counterparts, which may be delivered by facsimile or such other electronic means as are available to the Parties, and such counterparts taken together, shall constitute one and the same original document. Severability. k) If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement and such provisions shall remain in full force and effect. IN WITNESS WHEREOF , each Party, by its duly authorized representative, has executed this Agreement as of the Effective Date. THE ACTIVE NETWORK, INC.CITY , , by its by its authorized signatory authorized signatory _____________________________________ _____________________________________ _____________________________________ _____________________________________ Print Signatory Name Print Signatory Name _____________________________________ _____________________________________ Print Signatory Title/Office Print Signatory Title/Office _____________________________________ _____________________________________ Date Date 7 EXHIBIT 1 Description of Services SCOPE OF SERVICES PHASE ONE: CONSULTATION STEP I: Analyze the Revenue Potential ?? Active will meet with designated City Staff in order to develop and submit an audit inventory list and a prospective sponsor target list. This process will assist Active to better gauge the size of the City’s revenue opportunities. ?? Active will review all current contracts and assist the City in the development of a set of program policies to guide the work of the City in pursuit of sponsorships. ?? Active will conduct a creative "Blue Sky" session with City staff. Knowledge from this session will aid in analyzing and prioritizing the sponsorship categories. ?? Site Visitation/Inventory Assets: Active staff will inspect and evaluate City facilities in search of assets offering promising marketing opportunities. ?? Provide a Creative Session Report and a Status Report. STEP 2: Develop Strategic Marketing Plan ?? Based on the work completed in Phase I, a Strategic Marketing Plan will be developed defining potential categories and outlining the benefits and policy considerations for each opportunity. The plan will include an inventory of existing assets and projections for revenue generating opportunities for top categories. ?? Create a Strategic Marketing Plan ?? Develop and prioritize sponsorship categories ?? Define category specific policies and procedures ?? Develop prospective sponsorship target lists for each category of interest ?? Target Sponsor List Time Frame: 4-6 Months 8 PHASE TWO: AGENCY STEP I: Development of Marketing Packages ?? Active will help prioritize and pursue the top sponsorship categories. Active will develop a Corporate Sponsorship Package for each designated category that reflects an agreed- on price/value strategy, and includes the customized rights and benefits for each category. ?? Develop sales and marketing collaterals; including sales materials and presentations. ?? Next Active will guide the City in formulation of category specific Request for Proposals. Also included is the management of the RFP process, allowing the City to select opportunities that meet their marketing needs and confirm the ability of the City to deliver prospects requests. STEP 2: Solicitation of Sponsorships & Partnerships ?? Active will initiate a multilevel marketing sales campaign for priority prospects. ?? Active will conduct presentations at multiple executive levels within the corporate structure and escort the prospects on site visitations as needed. Active will provide them with all of the necessary information and education to get a clear understanding of the assets that the City is offering in exchange for the opportunity to promote their brand, product and service marketing plans. ?? Active will deliver the designated RFP to qualified prospects and guide them through the RFP process. Active will manage all phases of negotiation with one or more corporate partners. Prior to submission of their proposals, Active will repeatedly contact and encourage participating prospects to compete aggressively in bidding against their leading business rivals. ?? Active shall obtain and evaluate offers from each prospect indicating the willingness to enter into a sponsorship or partnership agreement with the City. STEP 3: Negotiation, selection, and final contract ?? Active will provide the City with an Evaluation Report comparing the benefits offered by each prospect. Active will organize negotiation meetings between Staff and prospects and monitor and advise throughout the selection process. ?? Active will meet with Staff to review their bids, analyze the content and make recommendations for prospect selections. 9 ?? Given preliminary Staff agreement to the selected prospects, Active will organize presentations of the proposal by the recommended prospects to City Staff. ?? Upon selection of a marketing sponsor their offer will be referred to the City Legal Department to complete final stages of a formal agreement. The agreement shall be presented to the City Staff for approval. STEP 4: Implementation of Program ?? Once final contracts have been signed Active will oversee the roll-out of each new sponsorship program. Active will develop performance evaluation protocols to oversee the successful implementation of the new program. Time Frame: 6-9 Months 10 EXHIBIT 2 Compensation COST OF SERVICES Activity Payment 1 Phase One Blue Sky Session ? $10,000.00 Review relevant contracts, policies ? Site visitations ? Audit Assets ? Create a Green Marketing Plan ? Prioritize categories ? Define Policy and Procedures ? Develop Sponsor Target List ? 2 Phase Two 10% Develop Green marketing Packages ? Commission to Active Develop custom RFP’s ? on all revenues it Develop sales and collateral materials ? raises for the City upon Present packages to prospects ? successfully Educate key prospects ? negotiating and closing Conduct site tours with key prospects ? any partnership Manage RFP/Bid process ? contracts Promote high bids ? Evaluate offers ? Negotiation meetings ? Advise Staff Officials ? Selection of Partners ? Final Contracts ? Implementation ? Develop Communication Structure ? Develop Review Process ? Ongoing Partnership Management ? 11 3 Clarifications ? Current sponsorship agreements are exempt from commissions unless a successful renegotiation results in increased revenue to the City. In that case the total of the new contract will be commissionable. During the course of the agreement, the City ? may not enter into a contract with any other marketing firm to pursue sponsorships or partnerships The City has the right to prohibit the marketing ? of any assets it deems off limits During phase 2 the City shall reimburse Active ? for actual and necessary travel expenses that Active incurs on behalf of the City, at net. Active shall obtain advance approval for such expenses from a designated City staff person, and will keep complete and accurate records of all costs and expenses incurred in rendering services. In payment options 1 and 2 the upfront costs ? are non refundable, however in the spirit of partnership The Active Network will waive the first commission fees owed for successful negotiation of municipal marketing agreements not to exceed an amount equal to the upfront cost set forth in this proposal. 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Or Duracell -- the official battery of the Colorado Springs Police Department. These are just some ideas being tossed around as Colorado Springs joins a growing list of cities seeking creative ways to raise revenue. The city council gave the go-ahead this week to award a $50,000 contract to The Active Network Inc., a San Diego- based marketing firm, to find corporate sponsors for certain city property. ''You know these are tough economic times, but certainly for municipal governments that rely so much on revenue from sales tax,'' said Paul Butcher, city director of parks, recreation and cultural services. Colorado Springs' fiscal year 2009 budget faces a $41 million deficit, Butcher said. Officials hope to offset some of that through corporate sponsors. ''Marketing firms indicate a city this size might generate $1.5 million in the first year,'' Butcher said of the city of 360,000. Ad revenue could top $5 million in subsequent years, he said. The Active Network, Inc. sealed its first city-corporate sponsorship deal with Huntington Beach, Calif. in 1999. Nissan now sponsors that city's lifeguard rescue vehicles. Another client, Glendale, Calif., worked out a deal with Viacom to sponsor city bus shelters. Active Network is also developing corporate deals for Pittsburgh; Arlington, Texas; and the counties of Santa Clara in California, Nassau in New York, and King in Washington. ''We're getting many more inquiries now because these cities are turning around and saying, 'We've got to be creative because of the economic situation,''' said Don Schulte, director of Active Marketing Partnerships, a division of The Active Network. ''A lot of these companies are very interested in helping these cities and counties but don't know how.'' But do municipal sponsorships help a company's bottom line? David Wilkinson, president and chief executive of The Wilkinson Group, a San Francisco-based marketing company, says the public sector tends to look at the private sector as a fund raiser and forgets it's about running a business. 1 ''You have to commercialize to get a return. You can't go, 'Give me a million dollars and I'll put a little plaque honoring you in front of city hall,'' he said. Still, Wilkinson predicts public-private marketing deals will grow in popularity. Local governments hold a lot of equity, offering good opportunities for the private sector, he said. Some activists, however, are wary of branding public property. ''Nobody wants to go to our city parks to get away from daily pressures and suddenly be inundated with advertisements,'' said Roger Singer, the Sierra Club's regional representative in Boulder. ''Open spaces are not the same as sports stadiums.'' ''School districts went that route and some of the contracts have actually lapsed because of the public outcry,'' said Jane Ard-Smith, chair of the Sierra Club chapter in Colorado Springs. Ard-Smith referred to parental outrage following a 1997 deal to stock Coca-Cola in some Colorado Springs public schools. That contract expired in 2007. Schulte points out that many cities are careful to avoid advertising that would draw criticism. ''It's not about signage or naming rights,'' he said. ''A lot of companies don't want to spend money in the community to have people get mad at them.'' Butcher is excited about the possibilities for Colorado Springs. ''What would be wrong with talking to Evian and giving them exclusive rights to distribute their product in Red Rock?'' he said, referring to an open space park known for its rock formations. Other ideas: Stocking park kiosks with brochures from companies like REI, or negotiating with Purina Pet Food, for example, to sponsor the city's four dog parks, Butcher said. Colorado Springs wants low-key marketing solutions, like installing a corporate-sponsored webcam at a new skate park so skaters can check out the weather. In exchange, the city would sell ad space on the Web page. Active Network worked out a similar deal for a Costa Mesa, Calif., skate park with Volcom, a skating apparel company. Volcom pays for park maintenance and design; the company erected a shade shelter and held an art contest among its customers to decorate it. Ads could start popping up in Colorado Springs later this year. It plans to fund the $50,000 contract with money from city golf courses, a cemetery and city parking. 2 The City of Arlington, TX, Selects The Active Network to Develop Additional Revenue Stream Opportunities Corporations and Communities Help Each Other Through Active’s Marketing Partnership Program SAN DIEGO, CA - June 9, 2008 - In searching for additional revenue stream opportunities for their cities and counties, local governments are exploring new methods to utilize existing assets within their (Active), a company that communities. The City of Arlington, TX, has selected The Active Network, Inc. delivers software technology and marketing solutions for community service organizations, to evaluate its assets and design a municipal marketing partnership program. Active’s Marketing Revenue Services program develops innovative, revenue-generating partnerships between communities and companies. Local governments benefit from the additional income by utilizing the funds to strengthen their community’s marketability, improve existing services, and provide additional assets for the citizens to enjoy. The Marketing Partnership program also rewards corporate sponsors for participating by giving them access to new markets segments to promote their brands in a positive manner. Active will perform a thorough analysis of The City of Arlington’s community resources to decide what assets, such as parks, signage and administration buildings, they want to market; which categories of assets to target first; and which corporate sponsorships are a fit for their community. This analysis is conducted during an extensive 90-day audit. “Active has a successful track record of developing mutually beneficial partnerships with companies and communities that have created additional revenue sources for both parties,” said Trudy Lewis, revenue enhancement specialist, City of Arlington. “Having the opportunity to review and utilize the findings presented by Active will enable the city to continue its proactive approach and pursue the best opportunities to provide new revenue sources to the community.” Active’s results will be presented in the next three months to the Arlington city council in a strategic marketing plan that outlines goals, objectives, and sponsorship options. Past sponsorship solutions provided by Active for other cities have included beverage and snack concessions in city parks, official vehicles, banking kiosks, and the naming rights to city properties. Once presented with the strategic marketing plan, Arlington will have the opportunity to choose what options best fit their needs and proceed with the negotiation process, under the guidance of Active, with various potential corporate sponsors. “As the slumping economy continues to affect cities and counties throughout the U.S., local governments are looking for ways to raise their revenue without raising taxes for their citizens,” said Don Schulte, director of business development, The Active Network, Inc. “These same communities that are in search of additional revenue streams are filled with assets that they can utilize to attract corporate partners to join in a partnership program that will be beneficial for both parties.” To learn more about Active’s marketing services, partnerships and promotional solutions for state and local governments, visit www.ActiveGovernment.com. About The Active Network, Inc. The Active Network delivers integrated technology solutions, marketing services and online media properties that enable and encourage participation in activities and events. For more information, please visit www.ActiveNetwork.com. Media Contact Jake Gonzales, The Active Network, Inc. jake.gonzales@activenetwork.com or 858-652-6133 May. 12, 2008 Copyright © Las Vegas Review-Journal Las Vegas looks to capitalize on cachet City hires company to build marketing plan By ALAN CHOATE REVIEW-JOURNAL Las Vegans are used to extra doses of advertising. This is a place, after all, that has lingerie models on double-decker buses and an Attack of the 50-Foot Woman-sized picture of Toni Braxton (that dress!) towering over the Strip. Now the city of Las Vegas is considering bringing messages from corporate sponsors to city properties, parks and vehicles, though probably not on the same scale, and, it is hoped, with a bit more modesty. The idea is to capitalize on Las Vegas' cachet -- the phrase "raising revenue without raising taxes" was on everyone's lips -- and bring in millions of dollars to city coffers at a time when revenues are tightening. "The city of Las Vegas is a destination point, with international appeal, so you've got a lot more activity," said Don Schulte, director of business development for The Active Network, which the city hired to build a marketing plan. "Which is wonderful, because the assets are more valuable." Schulte's company has jump-started similar programs in many cities, and the marketing and advertising take many different forms. A pet food maker might build or maintain a dog park in return for exclusive rights to market products there, or simply have its name associated with a community amenity. In Costa Mesa, Calif., a skateboard maker designed a skate park for the city and has its logo displayed on a sunshade there. In Huntington Beach, Calif., Chevrolet provided custom trucks for lifeguards and in return is featured as a "city partner" at events and gets special access for shooting commercials. Las Vegas could also have an "official" or "preferred" airline or rental car company. "Large-brand marketers are interested in working with government entities," Schulte said. "The city has to cause business for the entity. They can't just take a donation." No specific advertisers or joint ventures have been proposed. Schulte's company is still working on the guidelines for the program, which he expects to present to the Las Vegas City Council in three or four months. But revenue estimates were available when he spoke to the council Wednesday based on the company's experience elsewhere. He said revenues and cost savings from the program would generate about $2 million in its first year and as much as $6 million in the third year. Naming rights could bring millions to Nassau. Source: Newsday (Melville, NY) Publication Date: 18-SEP-07 Byline: William Murphy Sep. 18--Let's play a round of golf at the Jiffy Lube course at Eisenhower Park. And let's share a glass of Nestea Iced Tea, the official iced tea of Nassau County. The corporate names may change, but those are the general concepts being kicked around by Nassau County officials as they dream up ways to raise money by capitalizing on the county's parks, buildings and other public areas such as golf courses and roads. The budget proposed yesterday by Nassau County Executive Thomas Suozzi assumes $4.5 million in revenue from new "naming rights" for properties, "pouring rights" for exclusive beverage contracts and other benefits to flow from corporate use of public spaces. The next step in the program is expected to come next week when the county puts out a request for proposals for ads that would go on bus shelters, public trash cans and kiosks. Eileen Krieb, one of Suozzi's executive coordinators, said the county plans to ask banks and financial companies that do business with the county to come up with ideas for sponsoring events or locales, such as a county golf course or a golf tournament. Suffolk County is working on a similar proposal, and plans to issue a request for proposals soon, a spokesman said. Nassau hired a consultant, Active Networks, almost two years ago to develop the concept. "We raise revenue without raising taxes," said Don Schulte, the company's director of active marketing partnerships. To see more of Newsday, or to subscribe to the newspaper, go to http://www.newsday.com Copyright (c) 2007, Newsday, Melville, N.Y. Distributed by McClatchy-Tribune Information Services. For reprints, email tmsreprints@permissionsgroup.com, call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA. FINANCIAL MANAGEMENT Taking a refreshing lookat funding cash guarantee in exchange for a 10-year Like all U.S. cities, Long Beach, Calif., is exclusive agreement to install 226 vending facing a tight economy that forces the city machines on city property. The company to stretch available funds. While traditional would pay the city $300,000 per year for 10 revenue sources still provide for the city's years, and, if it installed more than 226 basic services, they do not generate enough r machines, it would pay $1,000 per year fo cash for supplemental programs. As a each additional machine. result, Long Beach is embracing non- The beverage company would hire an traditional revenue sources to help it illustrator to design two custom-front provide services beyond the basics. graphics for the vending machines That strategy came into play last year, highlighting Long Beach's attractions. One when Long Beach sought funds to expand design would appear on machines at inland its environmental programs. Historically, locations, and, another design would appear the programs had been accessible mainly to on machines at beaches, with fresh graphics residents living near the city's nature center to be installed every five years. (the hub of Long Beach's environmental In September 2001, the city council education), and the city wanted to change approved the proposed partnership, with the that. For example, it wanted to develop a following terms and conditions: Nature Mobile program to deliver Revenue from the agreement would environmental programs to children whose fund the addition of an environmental affairs schools are not near parks. officer to city staff. The city's general fund would not cover No signage would be permitted. such an expansion. (Revenue was down A mix of beverages would be sold sharply, in part because of a utility tax at competitive prices. By Henry Taboada reduction implemented during recent The soft drink company would par- energy shortages.) City leaders explored The author isthe city manager for icipate in city events providing beverage funding alternatives, settling on a marketing Long Beach, Calif. sales and event marketing. partnership with a soft drink company. The company would commit to a The city was aware of similar marketing minimum of three major marketing pro- partnerships in other California cities -such grams annually. as Huntington Beach, San Diego and Sacra- The company would provide free mento -that were successful in producing soft drinks; tickets to major league sporting significant revenue. Local officials events and free sports gear to support city contracted with Huntington Beach, Calif.- marketing events. based Public Enterprise Group to draft a The soft drink company currently is installl- request for proposals (RFP), and, ultimately, ing the vending machines, and it made its to negotiate the marketing partnership. The deal produced a $3 million minimum cash guarantee. In the RFP, the city specified that it wanted first payment to the city in February upon a a comprehensive partnership rather than execution of the contract. The city plans to vending deal. In a vending deal, a company use the money for environmental education typically pays the city a percentage of grossand outreach efforts, environmental volun- sales that result from the partnership,whereas teer programs, and hiring a staff person to a comprehensive partnership includes com-coordinate those efforts. mitments from both parties to engage injointIf local officials can avoid over-commer- marketing efforts. cialization, city assets can provide attractive In response to the RFP, Atlanta-based opportunities for marketers to access the Coca-Cola proposed a $3 million minimumpublic in a mutually beneficial manner. 6 ACC July 2002 MERICAN ITY & OUNTY For one city, Coke is it, officially By Martin Kasindorf line, maybe we’ll talk,” Schulte theorizes. “We USA TODAY can put lifeguards in Klein bathing suits and sweatsuits. We can put beach parking HUNTINGTON BEACH, Calif. – This famed attendants in Nike uniforms.” surfing mecca calls itself Surf City USA. But a Garden Grove, Calif., another Orange County sweeping financial deal the city has just cut city, also has signed up with Schulte. “If you’re with Coca-Cola soon may have beachgoers strapped for money, and you have no practical calling the place Slurp City. way of raising your revenues, you have to be The City Council has named Coke the creative,” Garden Grove City Manager George “official city beverage,” which gives the bottler Tindall says. the exclusive rights for 10 years to plant its Following Huntington Beach’s lead, the logo and vending machines on all city property: neighboring city of Long Beach is looking for beaches, parks, City Hall, even police and fire corporations to finance much-needed youth stations.recreation programs in exchange for gaining Pepsi-cola, Coke’s rival, still can sell its access to city marinas and golf courses. merchandise in supermarkets, restaurants and “It’s a great deal,” says Phil Hester, director convenience stores – anywhere but public of the Long Beach parks department. “You just property. have to make sure you have control so the city Coming next, city officials hope, will be doesn’t become a billboard.” similar exclusive sponsorship deals with a Bob Phillips, spokesman for the regional credit card company, an airline, a carmaker, a Coca-Cola bottler, says the bottler wants to sell film company, perhaps even an Internet service more soft drinks, but not in an environmentally provider.fees. damaging way. “We are not about plastering Strapped civic finances are sparking the sell- Proposition 13, enacted by California voters in signs all over the city,” he says. off. The Coca-Cola Bottling Co. of Southern 1978, requires approval from two-thirds of a Spreading a company emblem city-wide is an California, whose bid beat out Pepsi, will pay locality’s voters to pass a property tax increase. outgrowth of the trend for selling “naming $300,000 a year and kick in another $300,000 It is usually an insurmountable obstacle. rights” to sports stadiums. Anaheim makes to fix up one of the city’s 56 fading parks each Huntington Beach is also getting inquiries money by letting Southern California Edison year for the next decade. The Coke money will from cities outside of California, as far afield as call the city-owned baseball stadium, where the allow Huntington Beach to paint city buildings Cleveland. major league Angels play, Edison International for the first time in two years, city admini- In December, Sacramento took preliminary Field. Arrowhead water pays for naming strator Ray Silver says. steps toward signing a similar contract with Anaheim’s hockey arena Arrowhead Pond. The first new Coca-Cola signs will appear on Pepsi-Cola. “This is an agreement that will On the basis of radio talk shows and lifeguard chairs and beach restrooms near the send a tidal wave of Pepsi over Coke’s newspaper polls, Garofalo estimates that only city’s famed pier in three months. Mayor Pro Huntington Beach deal,” says Jeff Brown, about 25% of local voters object to Huntington Tem Dave Garofalo vows to keep commer-spokesman for Pepsi-Cola at its headquarters in Beach’s innovation. cialization in good taste. There won’t be “signs Purchase, N.Y. Maybe residents are inured to the steady on the back of police cars saying ‘Drive Safely, Don Schulte, the Huntington Beach sports march of commercialization. Or maybe they Have a Coke,’” he says. marketing executive who brokered the Coke figure that a sponsor’s money can’t really turn Other California cities, their budgets equally deal, says there’s no end to the potential for a city’s population into a captive audience. constrained by Proposition 13 are jumping on other products to expand sales through “Anybody who surfs in Huntington Beach,” the sponsorship idea as a way to make up “strategic alliances” with cities. Pepsi’s Brown says, “knows there’s plenty of budget shortfalls without raising taxes or user “If Calvin Klein comes out with a bathing suit places to get a cold Pepsi.” Community Development Department Memorandum Date: February 2, 2010 TO: Janesville City Council FROM: Gale S. Price, AICP, Building & Development Services Manager SUBJECT: Action on a Blasting Permit Application from SX Blasting for the construction of the Janesville Waste Water Treatment Plant expansion. Summary SX Blasting is requesting approval of a blasting permit to facilitate the expansion of the Janesville Waste Water Treatment Plant. City Code requires the City Council approve any blasting permit within or adjacent to the City. City approval is required in addition to approval by the Wisconsin Department of Commerce. City Manager’s Recommendation The City Manager supports approval of the permit. Suggested Motion Move to grant a thirty day blasting permit to SX Blasting for the purpose of construction of the Janesville Waste Water Treatment Plant expansion project. Request The City Clerk’s office has received a written requested from Richard Boening, Operations Manager for SX Blasting requesting a blasting permit as a part of the construction of the Janesville Waste Water Treatment Plant expansion project. SX Blasting is a sub-contractor on the project. Due to bedrock conditions on the property, blasting is needed for the construction of the storm sewer and water main extensions and for an additional tank on the site. Requirement Blasting within or adjacent to the City boundary is governed by City Ordinance 8.32.020, which requires a permit to be approved by the City Council. The local permit requirements are in addition to permit requirements established by the Wisconsin Department of Commerce, Safety and Buildings Division. The ordinances establish the procedures and standards to insure safety and minimize nuisances to the neighbors. The blasting procedure will involve drilling of 3 inch holes at 24 feet in depth on a 3 foot by 4 foot grid along the path of the sanitary and water line extensions. The same procedure would be used for the tank, although at a shallower depth. SX Blasting has requested thirty days for blasting the water and sewer lines and tank if they are awarded both parts of the project. If SX is not awarded both parts of the project, an additional blasting permit will be required for any other company conducting blasting work on the site. The Fire Department and Community Development Department have both reviewed the requested blasting permit and have determined that it meets all applicable requirements. Subsequently Staff recommends approval of the requested permit. cc: Brad Cantrell DEPARTMENT OF PUBLIC WORKS MEMORANDUM January 20, 2010 TO: City Council FROM: Brian Skaife, Chemist/Biologist Dan Lynch, Utility Director SUBJECT: Introduce and Schedule a Public Hearing on a Proposed Ordinance Amending the City’s Wastewater Facility and Sewer Use Ordinance (Chapter 13.16) in order to reduce the Discharge of Mercury into the Sanitary Sewers (File Ordinance No. 2010-449) Summary Mercury is a pollutant of concern because it is extremely toxic and bio-accumulates in animals and humans. The proposed ordinance will regulate the discharge of this pollutant into the City’s wastewater treatment and collection facilities. Its adoption is necessary to protect the environment and for compliance with program requirements of the Wisconsin Department of Natural Resources (WDNR). Department Recommendation Utility staff recommends that following the first reading of Ordinance No. 2010-449, the City Council schedule a public hearing and consider adoption of this ordinance for February 22, 2010. Suggested Motion Introduce and schedule a public hearing for Ordinance No. 2010-449, amending the City’s Wastewater Facility and Sewer Use Ordinance in order to reduce the discharge of mercury into the City’s sanitary sewers. City Manager Recommendation The City Manager recommends approval. Analysis Routine sampling the City’s wastewater treatment plant (WWTP) for elemental mercury has been underway for many years with very small quantities routinely detected in the plant’s influent, effluent and sludge. The City will shortly have a wastewater discharge limit for mercury which could be as low as 1.3 parts per billion. Treatment of wastewater to this low level is not feasible at most municipal treatment plants so instead of treatment, the U.S. Environmental Protection Agency (USEPA) and the WDNR require local regulatory efforts to prevent mercury from entering the sewer system. In 2008, the City partnered with the WDNR and a number of other communities to create the WDNR Green Tier Charter for Environmental Performance. The goal of this program is to reduce the amount of mercury entering municipal treatment and collection facilities. Adoption of this ordinance will require most dental facilities to install and 1 maintain mercury amalgam separators and require other mercury using facilities to implement improved tracking, reporting and disposal requirements. The proposed ordinance will be not result in additional cost to the Wastewater Utility. The cost of meeting these requirements for dental offices is estimated to be $1300 for initial purchase and installation of the amalgam separator, and $100-$200 in annual maintenance. Approximately ½ of the dental offices in Janesville have already met these requirements. cc: Eric Levitt, City Manager Jay Winzenz, Director of Administrative Services 2 ORDINANCE NO. 2010-449 An ordinance amending the City’s Wastewater Facility and Sewer Use Ordinance in Order to Reduce the Discharge of Mercury into the City’s Sanitary Sewer System as Established in Chapter 13.16 of the Code of Ordinances of the City of Janesville, With Penalties for Violations Thereof As set forth in JGO 13.16.350. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Section 13.16.095 (Mercury Minimization Program) of the Code of General Ordinances of the City of Janesville is hereby created in the manner set forth in the attachment hereto. st SECTION II. This ordinance shall take effect on the 1 day of April, 2010. ADOPTED: Motion by: Second by: Councilmember Aye Nay Pass Absent APPROVED: Eric J. Levitt, City Manager Brunner McDonald ATTEST: ______ Perrotto Jean Ann Wulf, City Clerk-Treasurer Rashkin Steeber APPROVED AS TO FORM: Truman Voskuil Wald Klimczyk, City Attorney Brian Skaife, Chemist/Biologist Proposed by: Dan Lynch, Utility Director Prepared by: 13.16.095 Mercury Minimization Program A. Dental offices. This section applies to any dental office that places or removes amalgam. If work in a dental office is limited to work that does not involve placing or removing amalgam, such as orthodontics, periodontics, oral and maxillo- facial surgery, endodontics, or prosthodontics, then this section does not apply. Dental offices that meet the requirements of this section after the effective date of this section will be subject to a schedule under (2) through (5) below as established by the City. 1. All dental offices shall implement best management practices for amalgam as established by the Wisconsin Dental Association. 2. Within the shortest reasonable time, but not later than December 31, 2010, every vacuum system where amalgam is placed or removed shall include an amalgam separator that meets the criteria of the International Standards Organization (ISO 11143). Dental offices shall install, operate, and maintain the amalgam separator according to the instructions provided by the manufacturer. The amalgam separator shall have a design and capacity appropriate for the size and type of vacuum system. The only Dental Offices that will be exempt from installing an amalgam separator shall be those that meet a de minimis requirement for placing or removing amalgam fillings. This requirement will be established by the City of Janesville. 3. On or before June 30, 2010 each dental office shall submit a schedule for the installation of the amalgam separator required by (2) above. 4. On or before September 30, 2010 each dental office shall submit a report to the City wastewater treatment plant that certifies the implementation of the management practices required by (1) above and identifies the contractors used to remove amalgam waste within the last 12 months. 5. On or before September 30, 2010 each dental office shall submit a report providing the following information: a. If installation of the amalgam separator is complete, then the report shall indentify the installation date, the manufacturer, and the model name. b. If installation of the amalgam separator is incomplete, then the report shall briefly explain the delay, provide an installation schedule, and identify the manufacturer and the model name of the amalgam separator that will be installed. c. If a dental office has provided a report according to subsection (5) b. above, then the dental office shall notify the City of the completion of the installation within five days after completion. 6. From the contractor(s) used to remove amalgam waste, dental offices shall obtain records for each shipment showing: the volume or mass of amalgam waste shipped; the name and address of the destination; and the name and address of the contractor. Dental offices shall maintain these records for a minimum of five years. Dental offices shall make these records available to City personnel for inspection and copying upon request. 7. Annually on or before June 30th of each year, each dental office shall submit a report to the Utility Director that lists the volume or mass of amalgam waste shipped, the name and address of the destination, and the name and address of the contractor(s) used to remove and transport amalgam waste within the previous calendar year. The report shall also indicate all maintenance performed on the amalgam separator within the previous calendar year, including inspections, cleaning, repairs and other maintenance. All maintenance and repair activities with the exception of routine activities authorized by the manufacturer shall be performed by a technician trained and authorized by the manufacturer to perform those activities. 8. In addition to the above, the report shall certify that: a. During the past year, all regularly scheduled maintenance and other repairs required or recommended by the manufacturer and the manufacturer’s representative have been completed. b. The amalgam separator, as of the date of the report, is in good overall operating condition 9. Dental offices shall permit City personnel to inspect the vacuum system, amalgam separator, and amalgam waste storage areas according to Section 13.16.210 A. 10. If a dental office is implementing the management practices required by (1) above and is operating and maintaining the amalgam separator required by (2) above, then with regard to mercury it will not be subject to the regulatory procedures and requirements as set forth elsewhere in this chapter. 11. The City shall provide forms for reporting the information under the Mercury Minimization Program. B. Other facilities. This subsection applies to all other facilities having the potential to discharge mercury or mercury-containing material to the City sanitary sewer system. The City strongly advocates the proper handling and, if possible, recycling of all mercury containing products. 1. Facilities include: a. Medical facilities, including all hospitals, clinics and veterinary facilities that have laboratories. b. School facilities, including all public and private schools with science laboratories, including middle schools, high schools, technical schools, colleges and universities, but not elementary schools. c. Industrial facilities, including all industrial plants that historically or consistently discharge mercury into the wastewater treatment plant and industrial plants with the potential for mercury in their wastewater. 2. The City shall identify and notify the facilities to be regulated under this subsection (B) within 30 days after the effective date of this section. All facilities identified after the effective date of this section shall be notified individually by the City that they are subject to regulation under this subsection (B). 3. All facilities regulated under this subsection (B) shall implement best management practices as established by the Wisconsin Department of Natural Resources (DNR) Green Tier Charter and the City. On or before June 30, 2010 each facility regulated under this section shall submit a report to the City that identifies the management practices already implemented, and lists the anticipated dates for implementing the other management practices listed on the report. New facilities identified under (2) above shall submit this report within three months of notification. 4. By December 31, 2010 all facilities regulated under this subsection (B) shall submit a report to the City that certifies the implementation of the management practices described in (3) above. New facilities identified under (2) above shall implement best management practices and submit a certification report within six months of submittal of the report required under (3) above. 5. The City shall provide forms for reporting the information required by (3) and (4) above. 6. If the facility regulated under this section is implementing the management practices required by (3) and (4) above, then with regard to mercury it will not be subject to the regulatory procedures and requirements as set forth elsewhere in this chapter. Community Development Department Memorandum Date: January 26, 2010 TO: Janesville City Council FROM: Duane Cherek, Manager of Planning Services SUBJECT: Introduce, refer to Plan Commission and schedule a public hearing on a proposed ordinance rezoning property located at 1102 Pliny Avenue from R2 to M2 (File Ordinance No. 2010-451). _____________________________________________________________________ Frank Donahue has requested the rezoning of property located at 1102 Pliny Avenue from R2, Limited General Residence District, to M2, General Industrial District. The subject property includes a vacant lot that measures 66 feet in width by 165 feet in depth, located immediately south of the railroad corridor in the 1100 block of Pliny Avenue. The applicant is requesting the rezoning of the subject property to an industrial classification to allow for open storage use on the property. The Community Development Department recommends that following the first reading of Ordinance No. 2010-451 it be referred to the Plan Commission for review and recommendation and scheduled for public hearing on March 22, 2010. cc: Brad Cantrell ORDINANCE NO. 2010-451 An ordinance changing the zoning classification of 1102 Pliny Avenue from R2, Limited General Residence District, to M2, General Industrial District, with a penalty and injunctive relief for a violation thereof as set forth in Section 18.28.010 of the Code of General Ordinances of the City of Janesville. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. The zoning classification of the following described property is hereby changed from R2, Limited General Residence District, to M2, General Industrial District: Property located in part of the NW.1/4 of Section 6, T.3N., R.13E., City of Janesville, Rock County, Wisconsin, more fully described as follows: Lot 129 of Carrington’s Crown Addition, a plat recorded in the Rock County Register of Deeds Office, Rock County, Wisconsin; and including the west ½ of Pliny Avenue right- of-way, approximately 33 ft., adjacent to said Lot 129. SECTION II. This ordinance shall take effect immediately upon adoption by the Common Council, the public health, welfare, peace, tranquility, good order, public benefit, and police power so requiring. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner McDonald Eric J. 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