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Full Agenda Packet CITY OF JANESVILLE CITY COUNCIL MEETING AGENDA MONDAY, April 12, 2010 7:00 P.M. 1. Call to Order and Pledge of Allegiance. 2. Roll Call. 3. Minutes of regular City Council meeting of March 22, 2010. “C” 4. Licenses; and Recommendations of the Alcohol License Advisory Committee. (Refer to separate agenda.) “C” OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. 2. Public hearing and action on a final resolution for Public Works Projects (new sidewalk) included in Bid Schedule “B” – 2010. (File Res. No. 2010-680) 3. Award of contract 2010-5 (new and replacement sidewalk) for Public Works Bid Schedule “B” – 2010. 4. Public hearing on a proposed resolution vacating undeveloped portions of Riverside Street, Mill Street, South Pine Street and South Walnut Street. (Revised File Res. No. 2010-677) NEW BUSINESS 1. Presentation of Certificates of Participation to Graduates of the Landlord Training Course Sponsored by the Janesville Area Rental Properties Association, the Neighborhood Action Team and the City of Janesville ----------------------- “C” – This designation indicates an item that the City Council will take up under a Consent Agenda. City Council Agenda – April 12, 2010 Page 2 NEW BUSINESS (CONTINUED) 2. Presentation on mural project. 3. Discussion and action on location of proposed skate park. 4. Action on a proposed resolution authorizing the City Manager to execute a lease with Janesville Youth Baseball, Inc. for the operations of the batting cages. (File Res. No. 2010-686) 5. Action on a proposed resolution authorizing the City Manager to execute a lease with the Janesville Convention and Visitors Bureau for the operation of a portion of the Palmer Park East Pavilion. (File Res. No. 2010-693) 6. Motion to approve City Manager and Council President recommended citizen committee appointments. 7. Action on a proposed resolution authorizing a TIF development agreement in TIF #14 with W. W. Grainger to support job creation at the Lab Safety facility at 401 South Wright Road. (File Res. No. 2010-689) 8. Review and approval of an economic development grant to Sidekicks Saloon at 3502 Milton Avenue. 9. Action on a proposed resolution declaring certain public property along Mill Street as surplus and authorizing its conveyance to Evonik-Goldschmidt Corporation. (File Res. No. 2010-690) 10. Action on a request from Q&N Farms to extend deferral of special assessments from 5 years to 10 years. 11. Action on a proposed resolution supporting an independent study of Wisconsin’s business climate and economic development competitiveness relative to other states. (File Res. No. 2010-688) 12. Action on a proposed resolution approving the acquisition and rehabilitation of property at 416 South Jackson Street under the Neighborhood Stabilization Program. (File Res. No. 2010-682) 13. Action on a proposed resolution authorizing expenditures for landfill odor mitigation efforts with the intent to borrow the funding as part of the 2010 General Obligation Note Issue. (File Res. No. 2010-691) City Council Agenda – April 12, 2010 Page 3 NEW BUSINESS (CONTINUED) 14. Action on a proposed resolution authorizing the acquisition and demolition of real property located at 907 McKinley Street. (File Res. No. 2010-694) 15. Requests and comments from the public on matters which can be affected by Council action. 16. Matters not on the Agenda – schedule time for City Council special meeting (organizational) on April 20 and a study session for solid waste. 17. Consideration of a motion to convene into closed session, pursuant to Wisconsin Statute Section 19.85(1)(e), for the purpose of considering, deliberating, and setting the bargaining and negotiating terms and conditions, since competitive and/or bargaining reasons require a closed session, for: (1) a potential TIF 28 Development Agreement; (2) the lease and/or contracted management of public properties, specifically the City’s golf course; and (3) a potential purchase of properties on the City's south side for bike trail and other public purposes. 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 MARCH 22, 2010 VOL. 60 NO. 35 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on March 22, 2010. The meeting was called to order by Council President Truman at 7:00 PM. Council President Truman led the Council in the Pledge of Allegiance. Present: Council President Truman, Councilmembers Brunner, McDonald, Perrotto, Rashkin, Steeber, and Voskuil. CONSENT AGENDA Minutes of the regular meeting of March 8, 2010. Minutes of the special meeting of March 8, 2010. Licenses and Recommendations of the Alcohol License Advisory Committee. Authorization for the Administration to approve a liability claim from Kathryn and Michael Davis in the amount of $9,759.77. Financial Statements for the months of January and February 2010. Council President Truman stated that all items on the consent agenda would be approved if there were no objections. There were none. OLD BUSINESS 1. Requests and comments from the public regarding items on the agenda not requiring a public hearing. Kay Dupree, 419 S. Franklin St., spoke in favor of League of Women Voter signs in the public right of way (NB#1). Richard Gruber, 4212 Orion Dr., spoke in favor of allowing service club signage on City of Janesville welcome signs (NB#2). Andreah Briarmoon, 339 S. Locust St., spoke in favor of allowing service club signage on City of Janesville welcome signs and spoke against purchase and demolition of the property at 215 Lynn Street (NB#3). 2. A proposed ordinance rezoning property located at 1102 Pliny Ave. from R2 to M2 received its second reading and public hearing. Allen Ellefson, 1245 Bouchard Ave., and Andreah Briarmoon, 339 S. Locust St., spoke against change in zoning. The public hearing was closed. Councilmember Steeber moved to deny said ordinance, seconded by Councilmember McDonald and passed unanimously. (File Ord. No. 2010-451) 3. A proposed ordinance creating Section 13.20 (Stormwater Illicit Discharge) Ordinance of the Municipal Code received its second reading and public hearing. Andreah Briarmoon, 339 S. Locust St., spoke against said ordinance. The public hearing was closed. Councilmember Rashkin moved to adopt said ordinance, seconded by Councilmember Steeber and passed unanimously. (File Ord. No. 2010-452) NEW BUSINESS 1. Action on a proposed resolution authorizing the League of Women Voters to erect signs on th downtown lamp posts celebrating the 90 Anniversary of the creation of the organization. Councilmember Voskuil moved to adopt said resolution, seconded by Councilmember Brunner. Councilmember McDonald moved to postpone item to the April 12, 2010 Council meeting, seconded by Councilmember Steeber and failed by the following vote: Aye: McDonald, Perrotto, and Steeber. Nay: Brunner, Rashkin, Truman, and Voskuil. The Council voted on the original motion and it passed by the following vote: Aye: Brunner, Rashkin, Steeber, Truman, and Voskuil. Nay: McDonald and Perrotto. (File Res. No. 2010-685) 2. Action on a proposed resolution allowing service club signage on City of Janesville welcome signs. Councilmember Rashkin moved to direct staff to address the issues outlined in the City Manager recommendation and bring back the proposed resolution upon completing those steps, seconded by Councilmember Perrotto. Councilmember Steeber offered a friendly amendment that the Plan Commission review staff recommendations, accepted by the maker and seconder. The motion, as amended, passed unanimously. (File Res. No. 2010-684) 3. Action on a proposed resolution approving the acquisition and demolition of property at 215 Linn St. under the Neighborhood Stabilization Program. Councilmember Steeber moved to adopt said resolution, seconded by Council President Truman and passed unanimously. (File Res. No. 2010-683) 4. Action on a proposed preliminary resolution for Public Works Bid Schedule “B”-2010 and schedule a public hearing for the final resolution. Councilmember Steeber moved to adopt said preliminary resolution and schedule a public hearing on April 12, 2010 seconded by Councilmember Brunner and passed unanimously. (File Res. No. 2010-680) 5. Award of Contracts C2010-4 (water system improvements) and C2010-6 (Black Bridge water main) for Public Works bid Schedule “B” - 2010. Councilmember Steeber moved to award said contracts as follows: Contract C2010-4 Globe Contractors, Inc. $ 761,833.50 Contract C2010-6 R.T. Fox Contractors $1,307,395.00 The motion was seconded by Councilmember Voskuil and passed unanimously. 6. Action on a proposed resolution formally designating and creating a Development Opportunity Zone in the City of Janesville. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Rashkin and passed unanimously. (File Res. No. 2010-679) 7. Action on a proposed resolution authorizing the issuance and sale of up to $27,212,000 sewerage system revenue bonds, Series 2010, and providing for other details and covenants with respect thereto. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Perrotto and passed unanimously. (File Res. No. 2010-681) 8. A proposed ordinance rezoning property located at 4332 Milton Ave. from R1, Single Family Residence District, to O1, Office/Residence District, was introduced, referred to Plan Commission, and scheduled for a public hearing on May 10, 2010. (File Res. No. 2010-454) 9. Requests and comments from the public on matters which can be affected by Council action. Andreah Briarmoon, 339 S. Locust St., asked Council to use block grant money to repair instead of demolish homes, to have more transparency in agenda items; reiterated her opposition to the stormwater illicit discharge ordinance. 10. Matters not on the agenda. Councilmember Brunner asked Administration to report on when the median on Milton Ave. between Black Bridge and Memorial is scheduled for repair. 11. Councilmember Steeber moved to convene into closed session pursuant to Wisconsin Statute Section 19.85(1)(e) for the purpose of deliberating, negotiating, and/or setting the bargaining and negotiating terms and conditions for the potential sale of surplus land located at 305 South Pearl St., since competitive and/or bargaining reasons require a closed session, seconded by Councilmember McDonald and passed unanimously. There being no further business, Council convened into closed session at 8:56 PM. These minutes are not official until approved by the City Council. David T. Godek Deputy Clerk-Treasurer JANESVILLE CITY COUNCIL LICENSE AGENDA 4/12/2010 RECOMMENDED A. ELECTRICIANS–ORIGINAL Robert A. Agnew N3581 Birchwood , Poynette, WI Bruce W. Calloway W7541 Koshkonong, Ft. Atkinson, WI Daniel D. Douglas N5735 Frances Cir., Albany, WI Frank C. Thomas 3802 Falcon Ridge Dr. Bruce E. VanHoozen 1486 Hwy. C, Saint Germain, WI B. MASSAGE TECHNICIAN - ORIGINAL Amber S. Kaufman 308 W. Runyard, Winnebago, IL C. CHANGE IN PREMISE TO ALLOW 2517 SF EXPANSION. CEC ENTERTAINMENT, INC. d/b/a CHUCK E. CHEESE’S 2500 Milton Ave. #177 D. CHANGE IN PREMISE TO ALLOW OUTDOOR SEATING AS RECOMMENDED BY THE ALAC (See attached memo, minutes, and floor plan). BOTW, INC. d/b/a SIDEKICKS SALOON 3502 Milton Ave. E. ORIGINAL RESERVE CLASS B INTOXICATING LIQUOR AND FERMENTED MALT BEVERAGE LICENSE FUJI STEAKHOUSE, INC d/b/a FUJI STEAKHOUSE 2235 Milton Ave. Community Development Department Memorandum Date: April 6, 2010 TO: City Council FROM: Gale S. Price, AICP, Building & Development Services Manager SUBJECT: Amendment to licensed premise to include an outdoor patio area for Sidekicks Saloon, 3502 Milton Avenue. Summary The City Council approves amendments to licensed premises for all alcohol establishments. The Council has been reviewing a number of amendments over the past year to allow outdoor seating at licensed establishments ahead of the smoking ban that will become law in July. The City Clerk has received a request for Sidekicks Saloon at 3502 Milton Avenue to approve a license amendment to establish an outdoor seating patio. Committee and Staff Recommendation The Alcohol License Advisory Committee and Staff recommend that the City Council approve the request for amending the liquor license for Sidekicks subject to the dividing wall between the entrance to the restaurant and the exit path to the patio be at least 8 feet in length and removal of stained glass at the top of a partial wall between the bar and the entryway. Suggested Motion This item is scheduled for the consent agenda and will not require an individual motion unless removed from the consent agenda. Request Sidekicks Saloon has submitted a patio area plan for review and approval by the Alcohol License Advisory Committee and the City Council. The patio area would be located at the northwest corner of the building and would be 18 feet by 18 feet (324 square feet in area). The patio would be placed in a manner that would allow the existing two door airlock to be modified to have one door as the entry into the restaurant and one door as the exit from the restaurant into the patio area. The modification would split the airlock into two distinct areas and then include a half-wall into the restaurant from the interior wall of the airlock. The patio will include a 48 inch fence around it and will be the same fence as what is shown in the attached picture. Analysis Staff was concerned about the request of the petitioner which included only a six foot long wall to separate the entrance into the tavern from the point at which a patron could enter the patio. The concern was based on what distance into an establishment must a patron travel to be properly identified by staff before they enter into the patio area. Essentially staff did not feel that a six foot divider was sufficient especially given that there is intervening space between the bar area and the entry to the patio. The proposed configuration is unique in that a patron does not need to traverse a great length of the bar or restaurant to get to the patio area. The patron would walk six feet (as proposed) into the facility, go around the half wall and walk six feet out into the patio area. A total distance of twelve to fifteen feet would be all that was needed to enter the patio. Given the configuration of the building it is difficult to retrofit a new door in the exterior wall without significantly affecting seating within the facility. There is also a half wall with stained glass on top that would limit visibility of people entering the space. After further discussion by Staff and review of the request by the Alcohol License Advisory Committee, it was determined and ultimately recommended that the requested patio should be approved with two conditions, that the dividing wall between the entry side and exiting to the patio be eight feet in length (rather than the originally requested six feet) and the stained glass on the top of the partial wall between the bar and the entry way be removed to increase the visibility of the entry to the patio. DEPARTMENT OF PUBLIC WORKS MEMORANDUM 12 April 2010 TO: City Council FROM: Mike Payne, Engineering Manager SUBJECT: PUBLIC HEARING AND ACTION ON A FINAL RESOLUTION FOR PUBLIC WORKS BID SCHEDULE “B” – 2010 (FILE RES. NO. 2010-680) Summary The attached Sidewalk Resolution No. 2010-680 is for an assessable project on Bid Schedule “B”-2010. This Resolution includes assessable sidewalk on eight (8) streets and was introduced to Council at the March 22 Council meeting. The E. Rotamer Road sidewalk request was submitted by the Milton School District and all other segments were requested by the public. The interest rate included in the preliminary resolution was 7%. After discussions with Jean Wulf, Clerk-Treasurer, the interest rate was lowered to 6% for the final resolution. By adopting this Sidewalk Resolution, the City is declaring its intent to assess the abutting properties benefiting by these improvements. All affected property owners received a letter of the scheduled public hearing and the amount of their proposed assessment. Property owners have the option to pay the sidewalk assessment to the City over five years. Under special circumstances, property owners also have the ability to apply for a hardship condition to spread assessment payments over 10 years or place a lien against the property. Recommendation Following the public hearing, the Engineering Division recommends Council adopt Sidewalk Resolution No. 2010-680, which includes a 6% interest rate for individuals selecting the 5-year payment plan. Suggested Motion I move to adopt Sidewalk Resolution No. 2010-680 with a 6% interest rate. Attachments: - Sidewalk Resolution - Sidewalk Location Maps cc: Eric Levitt Jacob J. Winzenz Carl Weber CITY OF JANESVILLE NEW SIDEWALK INSTALLATION RESOLUTION NO. 2010-680 A Resolution authorizing the installation of certain sidewalks. WHEREAS, the Common Council of the City of Janesville desires the installation of standard concrete sidewalks in front of the parcels of land described below where standard concrete sidewalks have not been constructed; and WHEREAS, the Common Council desires that the construction of these sidewalks be effectuated pursuant to the empowerment and according to the procedures set forth in Wisconsin Statute Section 66.0907; and WHEREAS, the City anticipates that monies, other than the proceeds of any outstanding debit of the City, will be expended by the City with respect to such capital improvements. The City reasonably expects to be reimbursed for such expenditures with proceeds of its debt. The maximum principal amount of debt expected to be issued for the reimbursement of such expenditures is $1,000,000. No funds from sources other than the debt referred to above are, or are expected to be, reserved, allocated on a long-term basis, or otherwise set aside by the City or any entity controlled by the City pursuant to its budget or financial policies with respect to the Projects. This is consistent with the budgetary and financial circumstances of the City. Copies of this Resolution shall be made available for public inspection in the manner required by law. This Resolution is a declaration of official intent under Treasury Regulation Section 1.103.18, as amended and renumbered from time to time; WHEREAS, the expenses to be charged against abutting property owners may be: (a) paid in cash upon completion of the work; or (b) paid with the taxes the first year following completion of the work; or (c) at the election of the property owner, spread over a period of five (5) years with interest at six percent (6%) per annum on the unpaid balance. The first installment on the five-year plan shall include one-fifth of the principal with the interest for November and December on the unpaid portion and shall be so entered in the tax roll. Each of the subsequent installments shall be entered in each of the annual tax rolls thereafter until all are collected. Deferred payment on the aforementioned installments shall bear interest at six percent (6%) per annum. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Janesville, that pursuant to Wisconsin Statute Section 66.0907, standard concrete sidewalks shall be constructed in front of all herein described parcels of property where standard concrete sidewalks have not been constructed along the following street(s): CITY OF JANESVILLE NEW SIDEWALK INSTALLATION RESOLUTION NO. 2010-680 Item Side Street From To 150’ W. of Castlemoor 1. North E. Rotamer Road Tanglewood Drive Drive 440’ W. of Northington 375’ W. of N. Wright 2. North E. Rotamer Road Drive Road 3. East Waveland Road Bond Place Mineral Point Avenue 4. North W. State Street River Road 400’ E. of River Road 5. North W. State Street 140’ W. of Crosby Ave S. Willard Avenue 6. East Marion Avenue Wall Street Bond Place 7. East N. Marion Avenue Highland Avenue W. Memorial Drive 475’ W. of S. Jackson 8. South W. Burbank Avenue S. Jackson Street Street 150’ S. of Alexandria 9. East Sunset Drive Bond Place Place 300’ W. of N. Crosby 10. North Alexandria Place Sunset Drive Avenue 11. South Alexandria Place 100’ E. of Sunset Drive N. Crosby Avenue ADOPTED: MOTION BY: APPROVED: SECOND BY: COUNCILMEMBER AYE NAY PASS ABSENT Eric Levitt, City Manager BRUNNER McDONALD ATTEST: PERROTTO Jean Ann Wulf, City Clerk-Treasurer RASHKIN APPROVED AS TO FORM: March 22, 2010 STEEBER TRUMAN City Attorney, Wald Klimczyk VOSKUIL Proposed by: ENGINEERING DIVISION Prepared by: ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORKS MEMORANDUM 12 April 2010 TO: City Council FROM: Mike Payne, Engineering Manager SUBJECT: AWARD OF BID SCHEDULE “B” – 2010 CONTRACT 2010-5, NEW AND REPLACEMENT SIDEWALK Summary Bids for Public Works Bid Schedule “B”, Contract 2010-5 were opened on Wednesday, March 10, 2010. The Engineering Division is recommending award of this contract to the low bidder, as shown on the attached tabulation of bids, and that the City Council express their intent to include in the 2010 Note Issue $285,650 for Sidewalks. Recommendation Following review by the Council, the Engineering Division recommends award of Contract 2010-5 to the low bidder and that the City Council express their intent to include in the 2010 Note Issue $285,650 for Sidewalks. Suggested Motion I move to Award Contract 2010-5 to the low bidder and that the City Council express their intent to include in the 2010 Note Issue $285,650 for Sidewalks. Background Contract 2010-5, New and Replacement Sidewalk This contract combines new and replacement sidewalk for 2010. The Council will be evaluating new sidewalk assessments under a separate agenda item which includes a public hearing for affected property owners. In the case of new and replacement sidewalk, property owners are granted a 5-year payment plan if they chose to have the City contractor perform the work. The proposed interest rate on the payment plan is 6%. Under special circumstances, property owners also have the ability to apply for a hardship condition to spread assessment payments over 10 years or place a lien against the property. We received two (2) bids for this project with J.B. Johnson Bros., LLC providing the low bid. The Engineering Division is recommending award of this contract to J.B. Johnson Bros., LLC, Edgerton, WI, in the amount of $285,650. A summary of the bids received are below: j:\agenda review\approved agenda items\2010\4-12-2010\award of contracts - memo.doc AWARD OF BID SCHEDULE “B” – 2010 CONTRACT 2010-5, NEW AND REPLACEMENT SIDEWALK _ _______________ 12 APRIL 2010 – PAGE 2. NEW AND REPLACEMENT SIDEWALK J. B. Johnson Bros., LLC Total Bid: $285,650.00 12 Maple Court Edgerton, WI 53534 J. W. Schultz Construction, Inc. Total Bid: $326,475.00 43 Highway 51, P.O. Box 248 Edgerton, WI 53534 Funding for new sidewalk is from two sources: 2010 Note Issue and assessments paid by property owners benefitting from the improvements. Funding for the replacement sidewalk is also from two sources: 2010 Note Issue for City frontage and payments from property owners for sidewalk maintenance from abutting property owners. The 2010 Major Capital Projects budget anticipated $1,295,000 would be included in the 2010 Note Issue for this project. The anticipated 2010 sidewalk project scope included 9 miles of new sidewalk, in addition to citizen requested sidewalk, and a more extensive replacement sidewalk program. The scope of the proposed sidewalk program has been reduced at Council request and consists of approximately 1.5 miles of sidewalk requested by the public. cc: Eric Levitt Jay Winzenz Carl Weber Community Development Department Memorandum Date: April 12, 2010 TO: Janesville City Council FROM: Duane Cherek, Manager of Planning Services SUBJECT: Public hearing and action on a proposed resolution vacating portions of Riverside Street, Mill Street, South Pine Street and South Walnut Street (File Resolution No. 2010-677). ________________________________________________________________________________ SUMMARY The Community Development Department has received a request from Erik Thoresen, Engineering Manager for Evonik Goldschmidt Chemical Corporation, to vacate portions of unimproved streets south of Rockport Road and west of S. Palm Street (see location map). Following the June 2008 flood, Evonik Industries acquired two residential properties located northeast of the manufacturing plant and removed the existing homes from the site. As a result, Evonik currently owns the surrounding parcels of land adjoining the street sections south of Rockport Road with the exception of small parcel owned by the City along Mill Street. The parcels of land under the applicant’s ownership are divided by the unimproved streets which were originally platted in the mid-1850’s. Evonik has requested the vacation of these street sections in order to provide them with contiguous parcels and allow for the consolidation of property and operations related to the manufacturing facility. State statutes allow for vacation of right-of-way following review by the Plan Commission and action by the City Council. DEPARTMENT RECOMMENDATION The Plan Commission and Community Development Department recommend that the City Council support a motion to approve Resolution No. 2010-677 vacating undeveloped portions of Riverside Street, Mill Street, South Pine Street and South Walnut Street. SUGGESTED MOTION A motion to approve Resolution No. 2010-677 vacating undeveloped portions of Riverside Street, Mill Street, South Pine Street and South Walnut Street. ANALYSIS A. The right-of-way proposed to be vacated was originally dedicated by subdivision plat in the 1800s. The City Administration has prepared the necessary resolution to vacate the remnant portions of the subject street sections. Upon vacation, each one-half of the dedicated right-of-way area will revert to the owner of land that immediately abuts the street section. In this case, Evonik Industries owns all property adjoining streets proposed to be vacated with one exception – the south side of Mill Street. In 2005, the city acquired a triangular-shaped sliver of land along Mill Street so the public road in that location did not encroach onto private property. Since the City has no interest or public purpose for maintaining ownership of this strip of land without the adjoining Mill Street right-of way, staff is recommending that it be conveyed by deed to the applicant concurrent with the proposed street vacation. Action on the proposed conveyance of this property to Evonik is listed as a separate item on this agenda. B. As Map 2 illustrates, other vacations of portions of streets and alleys have occurred on the property to the west. None of the streets proposed for vacation have ever been improved, and the majority of this area is located within the 100- year floodplain. Following the 2008 flood, Evonik purchased two residential properties on adjoining parcels that were inundated by the flood and subsequently demolished both structures (see Map 1). As a result, the residences have been removed from the floodplain and the requested vacation of these streets will not land lock any other privately held properties in this part of the City. The legal description for the areas to be vacated were also described to exclude those portions of the existing bike and pedestrian trail facilities that extend along the frontage of Rockport Road and S. Palm Street. C. Several actions are being coordinated in conjunction with the vacation of streets on property affecting the Evonik site. The applicant is preparing a certified survey map that will consolidate the numerous parcels under their ownership in this location. The survey will provide an update to locating the various city utilities that extend throughout the property and dedicate new easements where those facilities exist. In addition, later this year the City will be constructing improvements to the public storm sewer and drainage system extending along Mill Street to more appropriately deal with public water running through the Evonik site. These improvements will alleviate on-going maintenance issues and costs associated with drainage ditch that extends through this industrial site. D. The Community Development Department has reviewed the proposed vacation to determine if it is consistent with established City plans. These portions of streets are not needed for traffic circulation purposes and the City has no plans to improve them, therefore vacation would be consistent with City plans. The Comprehensive Plan designates this area as appropriate for industrial use. The applicant’s recent acquisition and removal of residential properties in order to combine these parcels and right-of-way areas with the adjoining industrial use is consistent with the Comprehensive Plan. Staff also supports the Engineering Department’s recommendation to retain a storm sewer and drainage easement over the Mill Street right-of-way upon vacation. This would protect an open drainage channel that exists within this area to allow for the conveyance of storm water until other public improvements are constructed. E. The City’s vacation of right-of-way does not relinquish the rights that other private/public utilities may have to retain existing utilities within these areas. Staff has sent notice to those utilities to confirm the need, if any, for retaining public utility easements over the former right-of-way areas and there has been no indication that this will be required. PLAN COMMISSION ACTION – 5 APRIL 2010 Duane Cherek, Planning Services Manager, presented the written staff report. There were no questions or discussion on this item. The Plan Commission unanimously agreed to forward to the proposed vacation of undeveloped portions of Riverside Street, Mill Street, South Pine Street and South Walnut Street to the City Council with a favorable recommendation. cc: Brad Cantrell REVISED RESOLUTION NO. 2010-677 A resolution vacating undeveloped portions of Riverside Street, Mill Street, South Pine Street and South Walnut Street. WHERAS , undeveloped portions of Riverside Street, Mill Street, South Pine Street and South Walnut Street, hereinafter designated and previously dedicated for right-of-way purposes are hereby determined to be no longer needed for public use, and therefore, the public interest requires the vacation of such street portions; and WHEREAS , it has been determined that the traffic flow will not be impeded by the vacation of such street portions; and WHEREAS , the proposed street vacations are not essential for use and the owner of the adjoining properties desires to consolidate the parcels separated by the right-of-way into one contiguous landholding to operate the existing industrial use on the site; and WHEREAS , combining the land area of the proposed street vacations with the adjoining industrial use will promote economic development which is consistent with the Comprehensive Plan; and WHEREAS , the proposed street vacations have been referred to the Plan Commission for its consideration and report as required by 62.23(5), Wisconsin Statutes. WHEREAS , the public hearing was held on vacation of such street portions and notice required by Wisconsin Statutes 66.1003 has been timely published and served; and NOW THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF JANESVILLE that the following described street portions be and are hereby vacated and discontinued pursuant to 66.1003 and 62.22(lm), Wisconsin Statutes: Located in the NE ¼ of Section 2, Town 2 North, Range 12 East, City of Janesville, Rock County, Wisconsin, described as follows: Street Section I: That part of Riverside Street (formerly Claron Street), from the west line of S. Palm Street to the northerly extension of the west line of Lot 167, Miltimore’s Addition; said street being platted on Miltimore’s Addition, City of Janesville, Rock County, Wisconsin. Street Section II: That part of Mill Street, from the west line of S. Palm Street to the Southerly extension of the west line of Lot 167, Miltimore’s Addition; said street being platted on Miltimore’s Addition, City of Janesville, Rock County, Wisconsin. Street Section III: That part of S. Pine Street, from the south line of Mill Street to the south line of a parcel described in Document No. 1315006 (for a bicycle / pedestrian trail); said street being platted on Miltimore’s Addition, City of Janesville, Rock County, Wisconsin. REVISED RESOLUTION NO. 2010-677 PAGE 2 Street Section IV: That part of S. Walnut Street, from the south line of a parcel described in Document No. 1315006 (for a bicycle / pedestrian trail) to the north line of railroad property (said north line being measured 33 feet north of the main track); said street being platted on Miltimore’s Addition, City of Janesville, Rock County, Wisconsin. BE IT FURTHER RESOLVED that a storm sewer and drainage easement be retained by the City over the entire land area herein described for Mill Street upon vacation. 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: Applicant Prepared by: Community Development Department Ú±®³»® Ð¿²±®¿³·½ Þ«·´¼·²¹ Ûª±²·µ ó Ù±´¼½¸³·¼¬ q Ô»¹»²¼ ÍÌÎÛÛÌ ÐÑÎÌ×ÑÒÍ ÌÑ ÞÛ ÊßÝßÌÛÜ Ü¿¬»æ íñíïñïð Í½¿´»æ ïþã îððù Ó¿° Ý±±®¼·²¿¬»æ Õóïí Ê¿½¿¬·±² ±º Ð±®¬·±² ±º Í É¿´²«¬ô Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ ÔÑÝßÌ×ÑÒ ÓßÐ ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ Í Ð·²»ô Î·ª»®·¼» ú Ó·´´ Í¬®»»¬ Î»·¼»²¬·¿´ Ð®±°»®¬·» ß½¯«·®»¼ ú Î»³±ª»¼ ¾§ Ûª±²·µ Ú±®³»® Ð¿²±®¿³·½ Þ«·´¼·²¹ Ûª±²·µ ó Ù±´¼½¸³·¼¬ q Ô»¹»²¼ ÍÌÎÛÛÌ ÐÑÎÌ×ÑÒÍ ÌÑ ÞÛ ÊßÝßÌÛÜ Ü¿¬»æ íñíïñïð Í½¿´»æ ïþã îððù Ó¿° Ý±±®¼·²¿¬»æ Õóïí Ó¿° Ê¿½¿¬·±² ±º Ð±®¬·±² ±º Í É¿´²«¬ô Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ ï Í Ð·²»ô Î·ª»®·¼» ú Ó·´´ Í¬®»»¬ Ê¿½¿¬»¼ ïççð Ê¿½¿¬»¼ ïçêé Ú±®³»® Ð¿²±®¿³·½ Þ«·´¼·²¹ Ûª±²·µ ó Ù±´¼½¸³·¼¬ q Ô»¹»²¼ ÍÌÎÛÛÌ ÐÑÎÌ×ÑÒÍ ÌÑ ÞÛ ÊßÝßÌÛÜ ÐÎÛÊ×ÑËÍÔÇ ÊßÝßÌÛÜ ÍÌÎÛÛÌÍ Ü¿¬»æ íñíïñïð Í½¿´»æ ïþã îððù Ó¿° Ý±±®¼·²¿¬»æ Õóïí Ó¿° Ê¿½¿¬·±² ±º Ð±®¬·±² ±º Í É¿´²«¬ô Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ î ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ Í Ð·²»ô Î·ª»®·¼» ú Ó·´´ Í¬®»»¬ NEIGHBORHOOD SERVICES MEMORANDUM March 26, 2010 TO: City Council FROM: Kelly Lee, Neighborhood Development Specialist SUBJECT: Presentation of Certificates of Participation to Graduates of the Landlord Training Course Sponsored by the Janesville Area Rental Properties Association, the Neighborhood Action Team and the City of Janesville The City of Janesville Neighborhood Services, the Neighborhood Action Team and the Janesville Area Rental Property Association participated in a joint-effort landlord training program for the last two years. The programs consisted of 10 four-hour-sessions conducted on Saturday mornings. During the two sessions, 119 landlords participated in at least a portion of a class for a total of 2360 total hours of training. Each year, eleven landlords complete the entire series of classes and earn a certificate of achievement. Sessions included topics such as fair housing, credit reports, tenant screening, lead paint and evictions. The program was funded through the Neighborhood Action Team using Community Development Block Grant Funds. The program was a great success in both 2009 and 2010. The group hopes to host a tenant training program this summer or early fall. cc: Jennifer Petruzzello, Neighborhood Services Director Jay Winzenz, Director of Administrative Services Eric Levitt, City Manager 1 Community Development Department Memorandum Date: April 6, 2010 TO: City Council FROM: Thomas E. Malone, Management Analyst SUBJECT: Discussion and Action on Location of Proposed Skate Park ________________________________________________________________ I. RECOMMENDATION The Leisure Services Advisory Commission and Plan Commission recommend that the City Council make a motion to approve Monterey Park as the site for a proposed skate park. II. REQUEST At the December 14, 2010 City Council meeting, the City Council requested that the Leisure Services Advisory Committee (LSAC) review alternative sites for the proposed location for a skate park in the City of Janesville. Staff also felt it would be useful to have the Plan Commission review the proposed site as well. On April 5, 2010 Plan Commission reviewed the site to determine if the park was consistent with the City’s Park & Open Space Plan and the Comprehensive Plan and then forward a positive recommendation onto the City Council. III. ANALYSIS A. Leisure Services Advisory Committee Finding On March 9, 2010 the Leisure Services Advisory Committee (LSAC) reviewed four locations in the city for a proposed skate park. There were a number of citizens who attended the meeting as well. Staff gave a summary of each location and followed up with a discussion of the criteria that should be considered. Attached is a copy of the draft minutes from the meeting that contains the discussion that took place. At the conclusion of the meeting the LSAC passed a motion to forward a recommendation that the Monterey Park site be chosen as the location for the skate park. It was a 7 to 1 vote. B. Plan Commission Finding th On April 5 the Plan Commission reviewed the proposed Monterey site location to determine if it was consistent with the City’s Park & Open Space Plan and the Comprehensive Plan. The Commission commented on several issues including coordinating other uses at the site, concerns from Wilson School, flood issues and the use of lights at the facility. At the conclusion of the discussion the Plan Commission voted to forward the proposed site with a positive recommendation to the City Council. The Commission noted that there were still important issues and concerns to work though as the process moves forward. Attached is a draft copy of the minutes from the meeting. C. Site The proposed location at the Monterey Park is situated between the two softball diamonds located southwest of the stadium. Attached is a map that depicts the proposed location of the facility. The foot print of the skate park is estimated to be roughly 100 ft. by 200 ft in size. Staff feels that sufficient area exists between the two diamonds for construction of the skate park. The southeast diamond is the less developed of the two and will likely be impacted. Staff recommends that efforts should be made to leave the northwest diamond available for use. The northwest diamond is better maintained and has lights that can be used. D. Surrounding Facilities The recommended site at Monterey Park has several other facilities and venues located in the area. As stated, there are 2 softball fields. It is also important to note user groups will not be affected as adversely if one of the fields is eliminated because of the addition of several fields at the Youth Sports Complex. The site also has public restrooms that are available for use most of the year, excluding the winter. The restroom facilities are maintained by the City Parks Department. The restrooms are located in the southern portion of the stadium that adjoins the track. The site is also close to Wilson Elementary School, in which a playground is located. Basketball courts are located on the east side of the stadium. The other venues at the site create the opportunity for families and groups with varying interests to be satisfied. Staff feels that the site effectively allows for diversifying family interests. E. Parking & Transportation to Site The proposed site has multiple parking spaces along the loop road around the Monterey Stadium area that should meet the demand requirements of a skate park. Also the bike trail is located along the loop road for bike/pedestrian accessibility and to allow for individuals who are unable to drive to get to the facility. F. Safety & Liability The Police Department has performed an analysis of the location. The surrounding area is open and able to be patrolled and monitored. Other positive safety attributes of the site include access to the bike trail which will reduce the number of kids traveling on the streets and the bike patrol will be able to monitor the trail. The site is also easily accessible to Fire and Police personnel. The site is located away from residential areas and there will be limited noise, traffic and parking issues associated with the site. Monterey Park is occasionally used for both high school and some middle and elementary school sporting/special events such as football games, track and band. This has the potential to create traffic or other issues and will require monitoring during those events to determine actual impacts of the combined uses. Staff has researched the issue of gang related activities at the skate park. A number of other communities with skate parks were surveyed and it has been determined that in most cases only minor incidents occur and that it is important to monitor the area with police patrols. Staff feels that negative behavior at the site will also be less likely due to the open location of the selected site. There would be no additional liability ensured by the city as a result from a skate park being constructed. Wisconsin has a strong recreational immunity statute (WI Stat 895.52) which states that if you engage in a recreational activity, you assume any risk inherent with that activity. According to Ken Horner of CVMIC, Wisconsin’s recreational immunity statute would protect the City from liability from injury to a recreational user of a municipal skateboard facility. However in order to reduce the possibility of liability issues, Mr. Horner states that the site for the skate park should be carefully considered, the structure should be professionally designed and established operational procedures should be implemented. G. School District Concerns The Wilson Elementary School was notified that the LSAC had chosen the Monterey site as the recommended location for the skate park. Wilson Elementary is located directly north of the facility. School officials related a number of concerns to the City on the proposed location. Attached are findings from a recent Wilson School Facility meeting in which the pros and cons of the skate park are discussed. The City feels that the issues relating to possible gang activity will be important to monitor. It will also be necessary to monitor events that utilize a portion of the park such as track meets to determine how the skate park can be coordinated with these programmed activities. A representative from Wilson School will also be in attendance at th the April 12 meeting to comment on the findings and concerns of the school. H. Other Park Uses Janesville Youth Softball has the North and South softball st diamonds reserved Monday through Friday from May 1 through the end of August. Until the flood of 2008 these fields were used on a regular basis for girl’s softball and men’s fast pitch games. The men’s group has since moved games to Milton and the fields are now just used for practice by the Janesville Youth Baseball/Softball Association. There are four newly constructed softball diamonds at the youth sports complex; however, the JYBSA group uses their complex fields solely for games. Depending on the size and orientation of the skate park at Monterey, it may be possible to retain use of the south diamond for youth girls softball practice following it’s construction. Other user groups at Monterey are the Nighthawks, an adult 8 on 8 football group. They start reserving the non-stadium football field in April for 25 bookings. Also, the high school shot put and discus areas are located in the park east of the proposed facility (see location map). I. Floodplain The proposed location for the skate park, along with the play fields in the Monterey area, is located in the floodplain. The proposed location of the facility is located in the flood fringe area where building development is permissible if elevated above the 100-year floodplain elevation. The attached map shows the floodway areas in blue. The proposed location of the skate park is located in the yellow section, which is the flood fringe portion of the floodplain. During the 2008 flood, the proposed location did experience a minimal level of flooding. Staff believes that if this skate park area of the park experienced flooding again, it would not create any permanent damage to the facility or equipment based on construction design requirements and the need to slightly elevate the ground surface area for the skate park. J. Construction There are a number of construction issues that staff has discussed. Staff feels that the soil integrity of the park would have to be investigated; however, since no structures are being built, just a concrete slab, soil issues could likely be accommodated to support a modular skate park. A modular skate park would be made up of an established level pad with bolted items. Staff also supports the use of concrete as the material for the pad because of its durability and longevity which will reduce future maintenance. Staff does not recommend a park that is a bowl type structure due to drainage issues from rain and potential floods. If a drain is placed at the bottom of the bowl then it will surcharge when the river runs high and flood the bowl. If a drain is not placed in the bowl, then there will be no way for any accumulated water to drain. For these reasons staff recommends a level surface skate park be constructed. K. Compatibility with Established City Plans The 2008-2012 Parks and Open Space Plan addresses the need for a skate park and that there is a demand for such a recreational facility in the City. The demand is not specifically defined and is dependent on further analysis. Over the five plus years in which the previous site was selected, a number of other sites have been identified. Staff and the Council felt it was important to look at new sites where the skate park could be constructed. The City’s Comprehensive Plan also states the need for additional and diversified recreational facilities, and a skate park would fall into that category. Monterey Park is zoned Conservancy and designated for Parks & Open Space and recreational use on the City’s future land use map, therefore, placement of a skate park facility is consistent with the recommendations of the Comprehensive Plan. É·´±² Û´»³»²¬¿®§ Í½¸±±´ Ð´¿§¹®±«²¼ Ó±²¬»®»§ Í¬¿¼·«³ Ù®¿¼»¼ Ú·»´¼ øÚ±±¬¾¿´´÷ Ü·½« Íµ¿¬» Ð¿®µ Ð¿¼ ¢îðôððð ¯ò º¬ò Í¸±¬ Ð«¬ îððù Ð®±°±»¼ Ô±½¿¬·±² o É·½±²·²ù Ð¿®µ Ð´¿½» Ý·¬§ ±º Ö¿²»ª·´´» Ý·¬§ ±º Ö¿²»ª·´´» Ð®±°±»¼ Íµ¿¬» Ð¿®µ Ô±½¿¬·±² ÔÛ×ÍËÎÛ ÍÛÎÊ×ÝÛÍ ÔÛ×ÍËÎÛ ÍÛÎÊ×ÝÛÍ Ó±²¬»®»§ Ð¿®µ Ü¿¬»æ ìóêóïð ÞòÞ´«³»®ô Ð´¿²²·²¹ Í»®ª·½» ÍæÄÐ®±¶»½¬ÄÔ»·«®»Í»®ª·½»Ä ðêðïîðïèðîìð ï þ ã ïëð ù Ú»»¬ Íµ¿¬»°¿®µÓ±²¬»®»§Ú»¿¬«®»ò³¨¼ êîìëïì ìïí ìðé ìïç ìðí ëîï êðç êðí ëïë ìêë Ð®±°±»¼ Ô±½¿¬·±² o É·½±²·²ù Ð¿®µ Ð´¿½» Ð®±°±»¼ Íµ¿¬» Ð¿®µ Ô±½¿¬·±²Ú´±±¼ Ø¿¦¿®¼ ß®»¿ Ý·¬§ ±º Ö¿²»ª·´´» Ý·¬§ ±º Ö¿²»ª·´´» Ú´±±¼©¿§ øßÛ÷ ÔÛ×ÍËÎÛ ÍÛÎÊ×ÝÛÍ ÔÛ×ÍËÎÛ ÍÛÎÊ×ÝÛÍ Ó±²¬»®»§ Ð¿®µ Ü¿¬»æ íóîóïð ÞòÞ´«³»®ô Ð´¿²²·²¹ Í»®ª·½» ïððóÇ»¿® Ú´±±¼ øßÛ÷ ÍæÄÐ®±¶»½¬ÄÔ»·«®»Í»®ª·½»Ä ðëðïððïëðîðð ï þ ã ïëð ù ëððóÇ»¿® Ú´±±¼ øÈ÷ Ú»»¬Íµ¿¬»°¿®µÓ±²¬»®»§ÚÐò³¨¼ Skate Board Park at Wilson: Pros: ? Walking distance for kids ? Positive exercise ? Many of our students like to skateboard Cons: ? We had a basket ball court year a few years ago and had a large problem with gang activity (tagging) going on as one gang would claim the territory. We would have to use our custodial time to go pick up drug paraphernalia, condoms, garbage. ? We fear for the safety of our children (again with what we had occur with the basketball court here.) ? It would interfere with the track meets both for high school and middle school. ? Softball field would no longer be able to be used. ? The skateboard park might dissuade our families from coming to play on our playground after hours. ? Our students are not as mobile as most so they use the field for football. We actually have a Wilson Football team : The Tarheels. ? We have a lot of wildlife that stay on Wilson Park. We have lots of geese, ducks, etc… (FYI-This is also bad as the geese do defecate on the field and our playground equipment….as they would on the skate park.) LEISURE SERVICES ADVISORY COMMITTEE MEETING MINUTES TH MARCH 9, 2010 TH 4 FLOOR CONFERENCE ROOM, ROOM 416 MUNICIPAL BUILDING Members Present: Betty Schwarz, Steve Ellis, Sandy Hendricks, Jeff Clark, Lynn Jones, Lorie Markus, Jayme Roth, Kevin Reilly and Council President William Truman Staff Present: Tom Presny and Tom Malone Other Citizens Present: Tom Stehura, Dennis Vindedahl, Roger Streich, Fern Streich, Al Draeger, Wendy Vancuar(?) and Karl Dommershausen The meeting was called to order at 7:00 PM in Room 416 of the Municipal Building. TH APPROVAL OF THE JANUARY 12, 2010 MEETING MINUTES th The minutes of the January 12, 2010 meeting were approved. UPDATE ON SKATE PARK DISCUSSION Chairperson Lorie Markus asked that the guests go around and introduce themselves. Tom Malone gave a short presentation on the four sites being reviewed for the skate park location, 101 Rockport, south end of Traxler Park, 900 block of Jackson and southwest of Monterey Stadium. Tom Malone stated that staff recommends the Monterey site based on accessibility to public restrooms, that it is in the vicinity of other recreational activities and it fits with the overall development plan for the area. Roger Streich raised a concern that the Traxler Park site used to be a landfill site and was contaminated. Tom Presny stated that the site has some DRN development limitations but may be developed. William Truman asked if the schools would allow the skate park users to use the restroom facilities at the Monterey site since they provided maintenance to them. He also asked how many months the restrooms would be open. Tom Presny stated that the restrooms are open for approximately eight thst months (April 15 until November 1). Sandy Hendricks stated she drove by the four park locations and likes that the Monterey site had lights. Tom Presny gave a summary of the use of the softball diamonds at the Monterey site. The Monterey skate park location would be on the south diamond, but the north diamond would still be able to be used for softball. Also new replacement softball diamonds are in the process of being built at the Youth Sports Complex. There was a discussion concerning the safety of the Jackson site. Guests at the meeting stated that parents had told them they would not allow their children to go to the Jackson site. Chairperson Lorie Markus stated that a well lit area that is patrolled would help increase the safety of the site. There was also discussion on the potential of flooding at each of the sites. Tom Malone stated that by State Statute the City could not construct the skate park on the 100 year flood plain and that staff had considered the potential for flooding at each location. Roger Streich stated that the City should seek outside advice to pick a site, to make sure the skate park could be constructed, and utilize a Skate Park Company consultant that might not charge for their site evaluation services. Tom Presny stated that staff had a meeting regarding zoning issues but only generally discussed construction issues. William Truman gave a summary of the sites and stated that prior to the consideration of the Monterey Park location his preference had been the Jackson Street location. Guests present raised concerns about the taverns located in the vicinity of the Jackson Street site. Roger Streich stated that other community skate parks are not centrally located and reiterated that the City should hire a consultant to recommend a site. Betty Schwarz stated that the Police Department’s reports on each of the sites was very useful and had good information. Roger Streich stated that the Jackson Street site restrooms were not usable for the public. He stated that he would like to recommend other sites. He also stated that he felt Palmer Park was the best site. He feels that the Committee is spinning its wheels. William Truman stated that he did not think a consultant was needed and that the Jackson Street site could use the Dawson Field restrooms. Jayme Roth asked the guests present to quantify the amount of usage the skate park would get. The guests stated that it would vary but there could be a use of a maximum of 100 community users at a time. Kevin Reilly stated that clearer direction was needed from the City in order to choose a site. He stated that the Committee was not spinning its wheels and that the Committee had dedicated a lot of time regarding this issue. The Committee further discussed whether there was a need for a consultant. Lynn Jones stated that she felt a mixed use park would be best. Lorie Markus informed the guests present that the Committee was only an Advisory Committee and could only make recommendations. William Truman stated that there would be an opportunity for guests to speak during the public comment session at the City Council meeting. A guest present inquired about the cost of building new restrooms. Tom Presny stated that the City estimates a minimum of $100,000 for construction of a new public restroom. A concern was raised if the skate park would interfere with other activities held at Monterey Park such as football and track events. Also questioned was what the future was for the batting cages at the Jackson Street site. Steve Ellis stated that Youth Baseball did not intend to use the batting cages after their lease was up and that they were not worth reusing. There was a discussion on grant funding for this project. Tom Malone stated that sites in the central City would have a better opportunity to apply for funding. Tom Presny stated that the chances of receiving grant funding for a skate park have always been relatively low. Tom Malone stated that staff had briefly discussed construction issues at each of the sites and that City Engineers had not raised any concerns with the basic information they had on a skate park. However, further research would need to be done. Steve Ellis stated that he was in favor of the Monterey site if the restroom issue could be worked out. William Truman made a motion to forward a recommendation to the City Council that the skate park be located in Monterey Park if the restroom issue could be worked out. If not, the second choice would be the Jackson Street site. Betty Schwarz seconded the motion. The Committee discussed having a Skate Park Company consultant review each of the sites. William Truman stated that City Engineers did not have any concerns with construction issues at the sites. Kevin Reilly stated that he felt the Committee needs a more clearly defined role of what the they need to looking at to make a decision. At this point, William Truman withdrew his motion. He then made a motion to recommend the Monterey site to the City Council, as long as the restrooms can be used. Lynn Jones seconded the motion. The motion passed on a vote of 7 to 1. Tom Presny asked for clarification on whether or not they will be seeking the advice of a consultant. William Truman stated that a consultant will not be used. Tom Malone stated that the recommended site would be sent to the Plan Commission for review at th their April 5 meeting. The Plan Commission would review the site to ensure it fits with the City’s Comprehensive Plan. Once the Plan Commission reviews this their recommendation will be th forwarded to the City Council for the April 12 meeting. MATTERS NOT ON THE AGENDA William Truman stated that he would like to review the issue of beer sales at Dawson Field at the May meeting. He also gave a summary of Air Fest that was coming up on Memorial Day weekend. Lorie Markus reminded dog owners to purchase their dog licenses before the late fee is initiated after st March 31. Sandy Hendricks stated that the Friends of Riverside Park were helping the Rock Aqua Jays plan for th the 4 of July event. There being no further business, the meeting adjourned at 8:55 PM on a motion by Betty Schwarz and a second by Kevin Reilly. The next meeting of the Leisure Services Advisory Committee will be th Tuesday, May 11, 2010. Respectfully submitted: Thomas E. Malone Management Analyst P# (608) 373-3446 F # (608) 755-3196 th Minutes from April 5, 2010 Plan Commission Tom Malone, Management Analyst, gave a presentation of the written staff report. Commissioner Voskuil questioned if a skate park at this location would impact the use of the baseball diamonds. Malone stated that the park would be spaced between the diamonds and should not have an impact on them but if space was an issue the worst case scenario would involve discontinuing one of the diamonds. He further stated that the use of the fields is expected to drop off with the construction of new softball diamonds at the Youth Sports Complex. Commissioner Voskuil asked if the availability of the skate park would coincide with the availability of the nearby restrooms. Parks Director Tom Presny stated that the committee had not discussed this matter but that restrooms were open from early April through November and it was his expectation that use of the skate park would continue after the restrooms were closed for the season. Commissioner Voskuil asked about lighting of the facility and Presny stated that lighting was limited to street lighting along Riverside, however, outfield lighting for both diamonds could perhaps be utilized or relocated for this facility. Commissioner Perrotto stated concerns regarding the distance between the two ball fields on site and the potential for conflicts when there are two games going on at same time. He referred to the map which appeared to show that one of the ball fields would be affected with the construction of the skate park. Cherek stated that the distance between the fields was roughly 500-600 feet and that it was likely the south diamond would have to be removed. Commissioner Perrotto stated concerns about flooding and the difficulty for the Plan Commission to determine if the skate park would be impacted during a flood since they’ve not been provided a footprint to show exact location and size. Cherek stated that staff was confident that with minimal fill, grading and a concrete pad, the structure would not be impacted by flooding. Commissioner Perrotto had concerns about issues that may occur if the skate park was kept open when there are no restrooms available and how that would be controlled. He also asked if the lighting provided would be sufficient or would the skate park need additional lighting. Cantrell responded that he didn’t know if it would be good to have the skate park lighted as it may promote activity in the skate park after curfew. Cantrell explained that the search for a site has been going on for a long time and that staff suggested this site because it has many facilities that other sites don’t have; furthermore, public bathrooms are open during the same time period no matter which site is chosen. He stated that according to the Parks Director, the southern baseball field is in very poor condition and could be replaced with fields being constructed at the Youth Sports Facility. He stated that staff needed to provide an aerial showing the foot print of the skate park in the preferred location because the map provided only shows a large boundary where it could be placed. Cantrell further indicated that lighting has not yet been resolved for the skate park but that this can be addressed when details of the layout come back for Plan Commission review in the future. Commissioner Perrotto stated that while he didn’t believe this location was ideal, he trusted that with all of the research conducted it’s the best possible location. Vice Chairperson Hanewold mentioned that the outfield for the south diamond faces towards the parking lot, rather than facing the outfield of the second diamond, so there is significant open space between the two. Cherek stated that the skate park facility would be approximately 100 feet wide by 200 feet in length and that a more detailed plan illustrating this footprint on the site will be provided. Commissioner Zolidis asked what would be done to combat the issue of geese droppings in the area. Malone stated that issue would have to be dealt with but that the more activity going on in the park, the less likely the geese will want to enter that area. Vice Chairperson Hanewold indicated that the Commission had not scheduled a public hearing for this item but would like to allow for public comment at this time. The following persons spoke regarding this matter: ? Miles Symons, 4063 Kingsford Drive, stated that he disagrees with this location for the skate park because of the gang activity in the area. He also expressed concerns about the distractions that activities at a skate park could cause during baseball games. He felt that Lions Beach would be a better location. Commissioner Perrotto indicated that he felt there were more amenities offered at the Monterey Park location and that gang activity could appear at any location so it was important to know how security issues would be addressed. Commissioner Voskuil added that the police department looked at this location and indicated that they felt it was an open area that they would be able to easily patrol and monitor. ? Matt Symons, 4063 Kingsford Drive, stated that he’s spent time in other skate parks in Beloit & Whitewater where kids of every type and ability skate and get along. He added that there has always been enough parents around to monitor and step up if something goes on. He felt that making a decision on a site for the skate park would help with fundraising efforts. In talking about the differences between the baseball diamond use and skate park use he indicated that you don’t usually see kids playing ball unless it is organized but that there are always kids at a skate park. ? Roger Streich, 79 S Huron Drive, has been involved 6-7 years with development of the skate park. He indicated that if a bowl skate park design is the preferred option for the facility then we may need to find a different location to accommodate it because of potential water drainage limitations at Monterey. He stated that the site location decision should be open to the public to let the people decide where they’d like the facility. Commissioner Perrotto commended Mr. Streich for his persistence and agreed that the City needs alternatives to keep kids occupied and that we need to proceed with this project. He said that he didn’t believe any site was perfect but was interested in moving forward with this particular site. ? Mrs. Roger Streich stated that the committee has been meeting since February of 2003, that the kids questioned originally indicated that they wanted a bowl in the skate park but that hasn’t been taken into consideration with the latest decisions on the facility. ? Chris Cass, 470 Mohawk Road, indicated that the skate park committee and Leisure Services Advisory Committee have worked together since the beginning, that several proposals have been brought forward and that they can’t move forward with fundraising until there is a decision on a site. He added that most parks & restrooms have a closing time and that if a site was chosen without restrooms then addition of them would just be an added expense. Commissioner Voskuil asked how many sites had been looked at up to this point and Presny stated that back in 2004, there was an initial review that included all City Parks. After the initial review, the sites were narrowed down to twelve and then three of those locations were recommendations that came before the council. Commissioner Werner stated that the Commission is at a disadvantage because as a committee they’ve never been able to compare and evaluate different sites but that he has confidence in the Leisure Services Advisory Committee and therefore made a motion, seconded by Commissioner Voskuil, to forward a positive recommendation on the basis of the LSAC’s recommendation that the Commission find the proposed location of the skate park at Monterey Park consistent with the City Parks & Open Space Plan and Comprehensive Plan and then forward that positive recommendation onto the City Council advising that the Plan Commission has not reviewed this site compared to other sites, has not looked at the financial aspects of this site and has not looked at the effect of flooding on the structure. Commissioner Werner added that he’d like to save one of the baseball fields, take into account concerns that Wilson School and/or the School District may have, and take into account concerns regarding lighting, restrooms, crime prevention when reviewing future construction plans. He also indicated that if a bowl is what is wanted, the Plan Commission and City Council should take that into consideration during the location process. The motion carried on a 5-0-0 vote. R LEISURE SERVICES DEPARTMENT MEMORANDUM March 26, 2010 TO: City Council FROM: Tom Malone, Management Analyst SUBJECT: Action on a Proposed Resolution Authorizing the City Manager to Execute a Lease with Janesville Youth Baseball, Inc. for the Operations of the Batting Cages (File Resolution #2010-686) Summary In 2008 the City of Janesville acquired the property located at 937 S. Jackson Street. This property was previously the home of Swinger’s batting cages and the acquisition included the batting facilities. Following the acquisition the City entered into a one-year lease with Janesville Youth Baseball to operate the batting cages. The purpose of this memo is to provide an update on the financial impact of the lease with Janesville Youth Baseball for 2009 and review leasing options for 2010. Request Janesville Youth Baseball, Inc. (JYB) requests the City renew their batting cage lease for four months in 2010. After the lease period expires they would no longer operate or be responsible for the area. Recommendation Staff recommends the City Council adopt File Resolution #2010-686 authorizing the City Manager to execute an operating lease with Janesville Youth Baseball, Inc. for the batting cage facility at 937 S. Jackson Street. Suggested Motion I move the Council approve File Resolution #2010-686 authorizing the City Manager to execute an operating lease with Janesville Youth Baseball, Inc. for the batting cage facility at 937 S. Jackson Street. City Manager Recommendation At the initial discussion, the City had the gross revenues that were projected, but not the anticipated expenses. After reviewing the anticipated expenses along with the fact of the initial partnership in building the batting cage, I encourage the City Council to approve the proposed contract. Background In April 2008, the City purchased a batting cage facility located at 937 S. Jackson Street (previously referred to as “Swinger’s”). The original plan for this acquisition was to hold it as public open space or future redevelopment of the South Jackson Street corridor. Following the acquisition, the City entered into a lease agreement with Janesville Youth Baseball for the operation of the batting cage facility. The purpose of this partnership was to provide an outlet for batting cage services in the City, while allowing JYB to generate revenue for their Youth Sports Complex expansion and the City to offset its annual expenses for the property. The City’s expenses in 2009 were $4,526.69, while the revenue received totaled $1,671.75; therefore, the City lost $2,854.94 through this lease agreement, primarily due to facility and equipment repairs, supplies and utilities. 2010 Lease JYB would like to renew their lease for a four month period in 2010, from April thst 30 to August 31. When staff performed analysis to understand the fiscal impact of the lease under this scenario, a loss of about $4,200 was calculated. When staff shared concerns with JYB about executing a lease that is projecting a loss at this amount, JYB became amenable to other options to make the terms more favorable to the City’s general fund budget. Contract Terms The contract would be for a four month lease. The City would pay property insurance, mow and pick up trash. The City would also be responsible for any property repair. JYB would be required to have liability insurance and would need to receive permission from staff prior to doing any improvements to the facility. JYB would be responsible for utilities, supplies and equipment maintenance. JYB would not pay any percentage of annual gross revenue to the City. JYB expects to earn $14,000 in gross revenue in 2010. They project their expenses to be $10,500 in 2010, taking into consideration JYB’s responsibilities for utilities, supplies and equipment maintenance, as outlined in the attached contract. The City’s costs under this contract scenario would be for property insurance and any required building repairs; however, these costs would be the responsibility of the City whether we execute a lease with JYB or not. Analysis Leasing the batting cages to JYB has many positive attributes, including providing batting cage services to the public that would not otherwise be available; providing JYB an additional opportunity to earn revenue for their expansion plans at the Youth Sports Complex, thus benefitting the community at large; and furthering the City’s partnership with JYB. 2 JYB has asked for a four month lease because the batting cages are typically closed in late July or early August. After Little League has finished in mid July, keeping the facility open is not profitable because the cost of labor exceeds revenue. Additionally, 2010 is the last year that JYB will ask the City to lease the cages and the facility will not be needed after August. As a result there should be no additional utility expense because the power can be shut off after August. JYB has stated that they would not be transferring the batting cage equipment to the new Youth Sports Complex because of the age and amount of maintenance required to upkeep the equipment. The burden of the equipment would then fall to the City. Staff feels that the equipment is too old and would require too much maintenance to operate. Cc: Jay Winzenz, Administrative Services Director 3 Resolution # 2010-686 A Resolution Authorizing the City Manager to Execute a Lease Extension Amendment with Janesville Youth Baseball, Inc. to Operate the Batting Cages at 937 S. Jackson Street Through August 31, 2010 WHEREAS, the City of Janesville owns the property at 937 S. Jackson Street, Janesville, otherwise known as the Batting Cages, and WHEREAS, the batting cage property includes an outdoor batting cage facility with lights and six pitching stations, a building used for facility operations and a parking lot, and WHEREAS, Janesville Youth Baseball, Inc., a non-profit organization, is interested in executing a lease with the City of Janesville for the operations the batting cages as a public recreational facility for the City of Janesville, and WHEREAS, such lease contract, terms and conditions are permitted by law and the Common Council is empowered to enter into such lease contract, pursuant to sections 66.0101, 62.11(5), 62.22, and 62.23(17) (b), and other pertinent Wisconsin Statutes, and WHEREAS, it is in the best interest of and of benefit to the City of Janesville, the community, and surrounding area to execute and enter into this lease extension amendment with Janesville Youth Baseball, Inc. for the operations of the batting cages, NOW THEREFORE BE IT RESOLVED by the Common Council of the City of Janesville that it hereby authorizes the City Manager or his representative to execute and enter into, on behalf of the City of Janesville, a lease extension amendment agreement to operate the batting cages at 937 S. Jackson Street, Janesville, Wisconsin, BE IT FURTHER RESOLVED by the Common Council that the City Manager or his representative is hereby authorized to negotiate, renew, extend, and execute such documents, papers, agreements, and forms, to take whatever other actions, and to make whatever minor changes to the lease agreement and other related documents, papers, agreements, and forms as the City Manager or his representative may, from time to time, find necessary, desirable and/or beneficial to effectuate the lease agreement, the amendment, and/or the intent of this resolution on the City’s behalf. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner McDonald Eric J. Levitt, City Manager Perotto Rashkin ATTEST: Steeber Truman Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk City Attorney Proposed by: Leisure Services Prepared by: Management Assistant LEASE AGREEMENT BETWEEN THE CITY OF JANESVILLE AND JANESVILLE YOUTH BASEBALL, INC. AGREEMENTCITY OF JANESVILLE This is made by and between the , a Wisconsin Municipal Corporation, hereinafter referred to as the “City”, and JANESVILLE YOUTH BASEBALL, INC ., a non-profit organization, hereinafter referred to as “JYB”. WHEREAS , the City is the owner of the Batting Cages at 937 S. Jackson Street, Janesville, Wisconsin, and WHEREAS , the City is interested in leasing the operations of the batting cages to a qualified organization, and WHEREAS , JYB desires to lease this facility from the City, and WHEREAS , it is in the best interest of the City and its residents to promote the use of the batting cages, and WHEREAS , the Janesville Common Council authorized the leasing of this facility to JYB through their approval of File Resolution #201009-686593 on April 27, 200912, 2010, NOW, THEREFORE , in consideration of the fulfillment of the obligations of both IT IS MUTUALLY AGREED parties hereinafter set forth, as follows: Premises 1.: The City exclusively leases to JYB for the term and conditions hereinafter set forth, those premises situated in the City of Janesville, County of Rock, State of Wisconsin, known as the Batting Cages and located at 937 S. Jackson Street. Term 2.: The term of this lease shall be for four (4) monthsone (1) year, or portion thereof, beginning on April 298, 201009 and ending on AugustApril 310, 2010. There shall be an option for the continued annual renewal of this lease for a period of four (3) total years and concluding on April 30, 2012. At that time, the parties may agree to update the lease if appropriate. The JYB shall notify the City of their intent to lease or not lease the batting cages for the next year by January 1 of the following year. Rent 3.: JYB will not be required to pay rent to the City due to their responsibilities for utilities, supplies and equipment maintenance at the facility. Use of the Facility 4.: JYB agrees to use the premises for baseball and softball pitching and batting services and other activities as are normally carried out at such recreational facilities. JYB and all employees, volunteers and agents will comply with all codes, ordinances and policies of the City as they may affect the use of public property. Hours and Season of Operation 5.: JYB shall submit to the City for review their recommended hours of operation. JYB has the right to modify the hours open (days and time) at their discretion based on weather conditions, special promotions or other seasonal variations. JYB may also determine, at their discretion, the opening and closing date(s) of this facility. Assignment and Subleasing 6.: JYB shall not mortgage, hypothecate, pledge or otherwise encumber or assign the lease herein created; neither shall JYB sublet or sublease the leased premises in whole or in part. City Responsibilities 7.: the City shall throughout the term of this lease, at its own expense, be responsible for the following activities and associated costs: a)The City will pay for all grounds maintenance to include grass mowing, trimming trees and bushes, weed spraying and snow removal. b)The City will provide keys and padlocks to the building and batting cages. c)Property insurance through the State Insurance Fund. JYB Responsibilities 8.: JYB shall throughout the term of this lease, at its own expense, be responsible for the following activities and associated costs: a)JYB will pay for all utilities to include electrical, water, storm sewer, sanitary sewer and fire protection (no telephone or cable TV). b)JYB will pay for any supplies necessary to manage the batting cages, such as token or balls. c)Wages and fringe benefits for all JYB employees. JYB is an independent contractor and none of its employees, members, officers, agents or representatives shall be considered employees, agents or representatives of the City. The City shall not be liable for and worker’s compensation, insurance, payments or negligence on the part of JYB resulting from either personal or property damage to any person. d)Cost for liability and workers compensation insurance. e)Wisconsin State sales tax on appropriate income categories. f)Site signage for the batting cage business. g)Maintain a reasonably clean and orderly site free of trash and litter. JYB will advise the City in a timely fashion of any major mechanical problems or equipment failures which need attention. h)Have each participant sign a waiver of liability statement. i)Shall collect all fees and in no way shall the City be responsible for collecting any fees, or in any way be responsible for management or oversight of the operation. j)JYB shall employ competent and courteous employees and staff the facility with the appropriate number of employees to maintain good customer service. 2 k)JYB may establish reasonable rules and procedures. l)JYB is responsible for securing any an all licenses and permits which may be required by any agency or governmental body. m)Secure the building and property at the close of the business day. Equipment Repairs and Maintenance 9.: JYB will be responsible for the day to day operation, maintenance and repairs of premises to include the mechanical pitching equipment. JYB will also be responsible for major mechanical failures and breakdowns of the pitching equipment. Depending on the circumstances, JYB reserves the right to not repair equipment which is at the end of its life expectancy or if replacement parts are not available. The buildings and equipment, and any and parts thereof, which are the property of the City shall remain the property of the City and upon the expiration or termination of this agreement, JYB shall surrender possession of said premises and equipment to the City in as good or better condition as when first occupied by JYB, fair wear and tear considered. Any additional equipment purchased by JYB, such as a pitching machine, shall remain the property of JYB. Insurance 10.: JYB shall obtain, at its own expense, comprehensive general liability including bodily and property damage coverage of at least $2,000,000 each person ; $2,000,000 each occurrence and $3,000,000 aggregate naming the City and JYB as insured under JYB’s policy. Such insurance shall cover all activities in and about the leased premises and shall indemnify and save harmless the City from and against all losses, costs (including attorney fees), damages, expenses and liability (including statutory liability), in connection with claims for damages as a result of injury or death of any person or property damage to any property which may arise from any act or neglect on or about the leased premises by JYB and all other persons. JYB shall furnish the City with a certificate of insurance evidencing the coverage as defined above. JYB shall insure all of their employees in accordance with the law in the State of Wisconsin. JYB shall provide statutory coverage for work related injuries and with limits of $1,000,000 each accident, $1,000,000 disease policy limit, and $1,000,000 disease each employee. JYB shall take such actions as necessary to protect the health, safety and welfare of the public. JYB shall provide a thirty (30) day notice of cancellation for the City in the event of cancellation, non-renewal or reduction of coverage. Miscellaneous 11.: a)JYB shall obtain the City’s permission before making any major improvements or upgrades to the facility infrastructure. b)JYB shall not unlawfully discriminate upon the basis of race, gender, color, national origin, creed or disability against any person wishing to utilize the premises for its stated purpose. c)The City and any of its employees, officers, agents and representatives may enter upon and remain upon the premises at any time and without prior notice to JYB for authorized purposes and activities. 3 d)This lease may be terminated, modified or amended at any time upon the mutual agreement of the parties hereto. Termination of agreement shall require 30 day advance notice. e)The contract shall be subject to termination, non-renewal, and non- extension at any time by the City without cause and without prior notice. The City shall have the right, in its sole discretion, to forthwith terminate and void this agreement and all rights of JYB hereunder, without notice, with impunity, and without incurring any liability to JYB or any other person. f)This agreement shall be enforced, pursuant to the laws of the State of Wisconsin. g)JYB agrees to sign an inventory list of equipment and supplies to include balls, bats, batting helmets, etc. and said list shall become a part of this agreement. Contact Parties 12.: FOR THE CITY: Rebecca Smith Management Assistant 18 N. Jackson Street P. O. Box 5005 Janesville, WI 53547-5005 608/755-3104 FOR THE JYB: David Ellis, President 532 Somerset Drive Janesville, WI 53546 608/754-2949 IN WITNESS WHEREOF , the parties have executed this lease agreement, pursuant to authority duly granted, on this ___ day of _______________, 201009. City of Janesville Janesville Youth Baseball, Inc. By: ____________________________ By: _______________________ Eric J. Levitt, City Manager Dave Ellis, President By: ____________________________ By: _______________________ Jean A. Wulf, City Clerk-Treasurer Witness Approved as to form. City Attorney March 22, 2010March 26, 2009 _____________ 4 LEISURE SERVICES DEPARTMENT MEMORANDUM April 5, 2010 TO: City Council FROM: Rebecca Smith, Management Assistant SUBJECT: Action on a Proposed Resolution Authorizing the City Manager to Execute a Lease with the Janesville Convention & Visitors Bureau for a portion of the Palmer Park East Pavilion (File Resolution #2010-693) Summary The Janesville Convention & Visitors Bureau (JACVB) has leased a portion of the Palmer Park East Pavilion since 1997 and used this room for a seasonal Visitors Center to showcase Janesville to residents and visitors. Their lease has expired and they have asked to renew it for three years. Staff supports the renewal of this lease. Request The Janesville Convention & Visitors Bureau requests the City renew their lease so that they may continue to operate their seasonal Visitors Center at Palmer Park. Recommendation Staff recommends the City Council adopt File Resolution #2010-693 to authorize the City Manager to execute an operating lease with the Janesville Convention & Visitors Bureau for a portion of the East Pavilion at Palmer Park. Suggested Motion I move the Council approve File Resolution #2010-693 to authorize the City Manager to execute an operating lease with the Janesville Convention & Visitors Bureau for a portion of the East Pavilion at Palmer Park. Lease Details The lease would be for three years (2010-2012) and would allow the JACVB to have their Visitors Center open to the public from April 15-Septemeber 15 of each year. The JACVB will pay the City One hundred and twenty-five ($125.00) per month for each month of actual occupancy. Analysis The City of Janesville and the JACVB have a strong working relationship and their efforts at the Visitors Center positively promote Janesville to residents and visitors. The rental of space at the pavilion for the seasonal visitor center has worked very satisfactorily and staff supports the execution of this lease. Cc: Eric Levitt, City Manager Jay Winzenz, Assistant City Manager/Administrative Services Director Attachments: Resolution 2010-693, Lease agreement, Lease agreement exhibits, Visitor Center statistics from the JACVB FILE RESOLUTION No. 2010-693 A Resolution Authorizing a Lease with the Janesville Area Convention and Visitors Bureau, Inc. for the Operation of a Portion of the Palmer Park East Pavilion WHEREAS, the City of Janesville is the owner of a structure known as the Palmer Park East Pavilion located within Palmer Park, City of Janesville, County of Rock, State of Wisconsin; and WHEREAS, the Janesville Area Convention & Visitors Bureau, Inc., (“JACVB”) a non-profit organization, desires to lease and use a portion of the Palmer Park East Pavilion from April 15 through September 15 each year for three years for the purpose of operating a seasonal Visitors Center to showcase Janesville to residents and visitors; and WHEREAS, the JACVB and the City Administration have negotiated a proposed three (3) year Lease for such purposes for the term commencing April 15, 2010 and running through and including the end date of September 15, 2012 without automatic renewal; and WHEREAS, the rent shall be $125 per month for each month of actual occupancy by the JACVB, with the last and first months’ rents prorated; and WHEREAS, the proposed Lease and all of its above and other terms, obligations, and provisions, is reiterated and incorporated by reference herein as if fully set verbatim; and WHEREAS, the Common Council hereby find that this Lease is in the best interest of the City of Janesville, the community, and surrounding area to execute and enter into the proposed lease with the Janesville Convention & Visitors Bureau for the operation of a seasonal Visitors Center; and WHEREAS, such lease contract, terms, and conditions are permitted by law and the Common Council are empowered to enter into such lease agreement, pursuant to Wis. Stats. Sec. 62.11(5), 62.22, 62.23(17), and 66.0101 and other pertinent provisions in the Wisconsin Statutes. NOW THEREFORE BE IT RESOLVED by the Common Council of the City of Janesville that they hereby authorize and approve the Lease with the JACVB upon the terms, conditions, obligations, and provisions set forth above as proposed by the City Administration; and further authorize the City Manager and his designee(s), on behalf of the City of Janesville, to execute and enter into the Lease with JACVB for the operation of a seasonal Visitors Center; and BE IT FURTHER RESOLVED by the Common Council that the City Manager and his designees are hereby authorized to negotiate, renew, amend, and execute such documents, papers, agreements, and forms, and to take whatever other actions, that the City Manager may, from time to time, find necessary, desirable, and/or beneficial to effectuate the Lease and/or the intent of this Resolution. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner McDonald Eric J. Levitt, City Manager Perrotto Rashkin ATTEST: Truman Steeber Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Parks Division Prepared by: Management Assistant & City Attorney Yearly Comparisons 2009 VIC Statistics (April 13 –September 15) The Janesville Visitor Information Center, located in the east pavilion at Palmer Park, was open from April 13, 2009, through September 15, 2009, to welcome and assist visitors to the Janesville area. Due to the closing of the Wisconsin Welcome Centers, we opened our VIC a full month early to accommodate travelers in need of information no longer available at the facility on I-90/39 near Beloit. The VIC saw 2,643 inquiries (totaling 4,366people) of which 1,741 signed our guest book. Of those that signed the guest book, 18% were from Janesville, 46% were Wisconsin residents and 25% were from Illinois. 2008 VIC Statistics (May 19 –September 14) The Janesville Visitor Information Center, in the pavilion at Palmer Park, was open from May 19, 2008 through September 14, 2008, to welcome visitors to the Janesville area and to help Janesville residents. We helped 2,894 visitors of which 1078 signed our guest book. Of those that signed the guest book, 12.27% were from Janesville, 49.17% were Wisconsin residents, and 22.36% were Illinois residents. 2007 VIC Statistics (May 22 –September 9) Mid-May to mid-September the JACVB rents a portion of the pavilion in Palmer Park to operate a seasonal visitor information center to provide information, directions and a welcome to the Janesville community. At the end of the 2007 season, we had 2,093 inquiries to the VIC, totaling 3,442 individual people. Of those 2,267 inquiries, 1,539 (74%) signed our guest book. 19% were from Janesville, 51% were from Wisconsin and 49% were from outside Wisconsin. There were 23% from the state of Illinois. 2006 VIC Statistics (May 22-September 8) We had 2,267 inquiries to the VIC, totaling 3,438 individual people. Of those 2,267 inquiries 1,460 or 65% signed our guest book of those 3 were incomplete records leaving us with 1,457 complete records. Of those complete records 22% were from Janesville, 53% were from Wisconsin and 47% were from outside of Wisconsin. There were 21% from the state of Illinois. 2005 VIC Statistics (May 18-September 9) We have had 2,516 inquiries to the VIC, totaling 3,900 individual people. Of those 2,516 inquiries, 1616 (64%) signed our guest book of those 2 were incomplete records leaving us with 1614 complete visitor records. Of those complete records 19% were from Janesville, 50% were from Wisconsin and 50% were from outside of Wisconsin. There were 20% from the state of Illinois. International Visitors (11 countries, 38 individuals) included: Australia, Brazil, Canada (19), England (2), France (3), Germany (6), Japan, Kuwait, Netherlands (2), Poland, and Switzerland. 2004 VIC Statistics (May 11-September 11) We have had 2,744 inquiries to the VIC, totaling 4,107 individual people.Of those 2,744 inquiries, 2,001 (73%) signed our guest book of those 2 were incomplete records leaving us with 1,999 complete visitor records. Of those complete records 16% were from Janesville, 46% were from Wisconsin and 54% were from outside of Wisconsin. There were 21% from the state of Illinois. International Visitors (20 countries, 42 individuals) included: APO Pacific, Australia, Brazil, Canada (21), China, Czech Republic, England, Estonia, France, Germany (2), Holland, Indonesia, Israel, Peru, Puerto Rico, Netherlands, New Zealand, Sweden, Switzerland, and United Kingdom (2). C:\Documents and Settings\smithr\Desktop\Yearly Comparisons 2004-2009.doc Visitor Information Center Yearly Comparisons 7000 6000 5723 5000 4621 4366 4335 4263 4107 3900 4000 34383442 3314 3268 3000 2691 2000 1000 0 199819992000200120022003200420052006200720082009 2009 VIC Statistics Mid-May (Mid-April for 2009) to Mid-September, the JACVB rents a portion of the pavilion at Palmer Park to operate a seasonal visitor information center to provide information, directions and a welcome to people visiting the Janesvillecommunity. At the end of the 2009 season, we had 2,653 inquiries to the VIC, totaling 4,366 people. Of those 2,653 inquiries, 1,741 (66%) signed our guest book. 18% were from Janesville, 46% were from Wisconsin and 45% were from outside of Wisconsin. There were 24% from the state of Illinois. May 19-May 31 Individuals 236, Inquiries 144 82 Complete Visitor Records 44% from Wisconsin(26% from Janesville) 56% from outside Wisconsin(26% from Illinois) International Visitors included: Canada June1-June 30 Individuals 708, Inquiries 499 275 Complete Visitors Records 51% from Wisconsin(22% from Janesville) 49% from outside of Wisconsin(20% from Illinois) International Visitors included: British Columbia, Europe, Finland July 1-July 31 Individuals 810, Inquiries 518 290 Complete Visitor Records 48% from Wisconsin(18% from Janesville) 52% from outside of Wisconsin(21% from Illinois) International Visitors included: Spain, Canada and MB (Manitoba?) August 1-August 31 Individuals 985, Inquiries 629 317 Complete Visitors Records 52% from Wisconsin(18% from Janesville) 48% from outside of Wisconsin(24% from Illinois) International Visitors included: British Columbia, Canada, GF (?) September 1-September 9 Individuals 232, Inquiries 159 109 Complete Visitor Records 43% from Wisconsin(10% from Janesville) 57% from outside of Wisconsin(24% from Illinois) International Visitors included: England, Canada, Ireland 2009 Janesville Visitor Center Summary The Janesville Visitor Information Center was in operation from April 13, 2009 to September 15, 2009. We served 4,366 visitors from 47 states and 13 countries. 1,741 visitors signed the Guestbook 18% were Janesville residents 46% were Wisconsin residents 24% were Illinois residents 8,571 brochures and maps were given 374 Janesville visitor guides 251 Rock County guides 647 Wisconsin State maps 273 Illinois State maps 30 Volunteers worked a total of 1,425 hours. Revised 4/1/10 CITY OF JANESVILLE AND JANESVILLE AREA CONVENTION AND VISITORS BUREAU, INC. PALMER PARK EAST PAVILION LEASE AGREEMENT Lease Agreement“AGREEMENT” This (hereinafter the ) is made by and between the CITY OF JANESVILLE “CITY” (hereinafter the ), a Wisconsin Municipal Corporation located in the County of Rock with its principal place of business at 18 N. Jackson Street, and JANESVILLE AREA CONVENTION AND VISITORS BUREAU, INC. The (hereinafter LESSEE” the “) a Wisconsin non-profit organization conducting its principal business at 20 S. Main Street, Suite 17 , County of Rock, State of Wisconsin. WHEREASCITYPALMER PARK EAST , the is the owner of a structure known as the PAVILION “PAVILION”) (hereinafter the , located within Palmer Park, City of Janesville, County of Rock, State of Wisconsin; and, WHEREASLESSEEPAVILION , the desires to lease and use a portion of the PREMISES” measuring approximately 15’ by 15’ (hereinafter the “) for a seasonal CITYPREMISESLESSEE Visitors Center and the desires to lease the to the for such purpose according to the terms and conditions set forth below; and, WHEREASCITYLESSEE , the and , as authorized by the Janesville Common Council, entered into a certain lease agreement dated 10 December 1997 (the original agreement) and WHEREASCITYLESSEE , the and desire to amend, restate and replace the original agreement as set forth herein and all such terms and conditions of the original agreement having been performed in full. NOW, THEREFORE , in consideration of the fulfillment of the obligations of the parties hereinafter set forth and for other good and valuable consideration, the receipt of which IT IS MUTUALLY AGREED AND PROMISED is hereby acknowledged, , by and CITYLESSEE between the and as follows: 1. PREMISES CITYLESSEELESSEE The hereby leases to the and the hereby agrees to CITY lease from the an approximately 15’ by 15’ space, located within the PAVILION , and depicted and described more fully in Exhibits “A and B” which are attached hereto and incorporated herein as if fully set forth. During the term LESSEE of the lease, the shall also have the right to utilize the restrooms located PAVILION with the , even though such restrooms are located outside the leased 1 th PREMISES . (Restrooms are open seasonally approximately April 15 to st October 31). 2. LEASEHOLD IMPROVEMENTS LESSEELESSEE’s A. Rights and Approval – The shall have the right, solely at PREMISES expense, to make leasehold improvements to the . All leasehold LESSEE improvements proposed by the shall be reviewed and approved by CITYLESSEE the (Parks Director) prior to construction. The shall secure all necessary building permits and building plan approvals required by law and all leasehold improvements shall be completed according to all applicable building codes, rules, and regulations. B. Ownership of Leasehold Improvements – All leasehold improvements made LESSEECITY by the shall become the property of the upon the termination CITYLESSEE of this lease, and the shall not be required to reimburse the for LESSEE the cost of any leasehold improvements made by the during the LESSEE term of this lease. However, if the makes any structural changes to PAVILION the (i.e., wall openings for air conditioner or windows), then the CITY LESSEELESSEE’s may require the to restore, at expense, the PAVILION AGREEMENT. to its original condition upon termination of this 3. TERM OF LEASE LEASE The term of this shall be for three (3) years, commencing on April 15, 2010, and extending through and including September 15, 2012. There shall be LEASE no automatic renewal of this by either party. Any extension, renewal, or amendment hereof shall require a new agreement with prior Common Council LESSEE’s review and action. The right to occupy and use the premises shall run each year of this three (3) year term only on a seasonal basis beginning on thth April 15 of each year of the term and ending on September 15 of each year. PREMISES During the other months each year when the is not available for LESSEE, CITY occupancy or use to or by the the shall have the right to occupy PREMISESCITY and use the , provided that the shall be responsible for any PREMISESLESSEE’s damages that occur to the or leasehold improvements CITY during such occupancy. 4. RENT PREMISES The rent for said shall be One hundred and twenty-five ($125.00) per LESSEE month for each month of actual occupancy by the during each year of LESSEE this three (3) year term. The shall pay the rent due on the first day of CITY each month to the at the Leisure Services Department, 18 N. Jackson St., P.O. Box 5005, Janesville, Wisconsin, 53547-5005, on the first business day of every month. Rent for the first and last months of occupancy shall be prorated. 5.USE OF THE PREMISES LESSEEPREMISES A. The shall have the right to occupy and use the at the times set forth above for the sole purpose of operating a Visitors Center. The Visitors Center shall be open to the public. 2 CITY B. The agrees to maintain two (2) parking stalls as “15 MINUTE PARKING” for visitors. 6. CITY OBLIGATIONS PAVILION A. If, during the term of this lease, the is damaged by fire or other PREMISES casualty, so that the is rendered wholly unfit for occupancy, and PREMISES said cannot be repaired within sixty (60) days from the date of such fire or casualty, then this lease shall cease and terminate from the date CITYLESSEE of such fire or casualty in which event the and shall each be discharged from any and all further obligation to each other hereunder. CITY B. The shall be responsible for the maintenance of the Palmer Park PAVILION property surrounding the and for the structural maintenance (i.e. PAVILION roof, exterior walls, sidewalks) of the . CITYCITY C. The shall provide, at expense, on-going electrical service to the PREMISES , the cost of said service being included in the rental payment. CITYPREMISES The shall also provide water service to the as part of the LESSEE rental payment, should the make the necessary leasehold improvements (i.e. install a sink) to use said water service. 7. LESSEE OBLIGATIONS LESSEE A. The shall not make any alterations, additions, or leasehold PREMISESCITY improvements to the without the prior approval of the (Parks Director ) and without first obtaining the necessary permits therefore. LESSEEPREMISES B. The shall maintain the in a neat and orderly fashion, and shall be responsible for its own cleaning and refuse disposal. LESSEE C. The shall, at the expiration or termination of the lease, vacate and PREMISESCITY remove all personal property and return the to the in good condition, ordinary wear and tear excepted. LESSEE D. The shall not assign this lease to any other party, or sub-lease any PREMISES. part or whole of the LESSEECITY E. The waives, and shall indemnify and hold the harmless from LESSEE and against any and all loss or damage which the , its agents, employees, volunteers or guests may sustain: PREMISES 1) From theft or burglary in or about the , by whomsoever committed. 2) From interruptions in any utility service, from any cause whatsoever. 3 3) From fire, water, rain, snow, sewage, gas, odors, from any source whatsoever. CITY. 4) From any damage or injury not caused by negligence of the LESSEELESSEE’s F. The may, at expense, erect a wall sign and/or a freestanding directional sign(s). All such signs shall be first approved, both CITY in style and location, by the (Parks Director) and shall conform to the City’s Sign Ordinance. All permits required therefore, shall be timely LESSEE. obtained and paid for by the LESSEE G. The shall obtain, pay for, and at all times maintain the following minimum insurance coverages: LESSEE 1) Worker’s Compensation covering the full statutory liability of the LESSEE’s arising from and or pertaining to the development, PREMISES. maintenance, operation, and use of the 2) General Liability Coverage against all perils including personal injury and not less than contractual with limits of One Million Dollars ($1,000,000) for each occurrence and One Million Dollars ($1,000,000) in aggregate naming CITYLESSEE’s the as so-insured or as additional insured under the policy. Such policy shall include fire legal liability with limits not less than LESSEE Five Hundred Thousand ($500,000). The shall provide proof of CITY certificates of insurance to the on an annual basis. PREMISES. 3) Property insurance on any personal property kept on the LESSEECITYLESSEE If the makes a claim against any insurance policy, then the shall pay the insurance claim deductible, if any. This provision does not create any LESSEE right to or in said claim, however. 8. MISCELLANEOUS AGREEMENT A) This shall be binding upon the parties hereto, their respective heirs, devisees, personal representatives, administrators, successors, transferees, and assigns. AGREEMENT B) This shall be construed and enforced in accordance with the Laws of the State of Wisconsin. LESSEE C) Default - In the event that the breaches or fails to perform any of AGREEMENTCITY the terms, obligations, and/or conditions of the , the shall have the right, in its sole discretion, to forthwith terminate and void this AGREEMENTLESSEE and all rights of the hereunder, without notice, with LESSEE impunity, and without incurring any liability to or any other person. In CITYLESSEE the event of such default, the may, but need not, grant to the thirty (30) days within which, to correct such default. In the event that the LESSEELESSEE fails to fully and adequately correct such default, the shall 4 PREMISESCITY CITY forthwith surrender the back to the and the shall have PREMISES the right to take immediate possession of the without further notice, LESSEECITY and the shall forthwith forfeit to the any and all legal and equitable rights, titles and interests of whatsoever kind or nature therein. The CITY LESSEES’ shall have all rights and remedies at law and equity for AGREEMENT breaches of this , all remedies and rights being cumulative and CITY not exclusive. The failure of the , futhermore, to enforce any right or LESSEECITY’S remedy upon any breach of the does not waive the rights or LESSEE. remedies for any future similar or other breach by the AGREEMENT D) Modification - This may be modified or amended upon the CITYLESSEE. mutual written and executed agreement of the and the AGREEMENT E) Termination - This may be terminated without cause by CITYLESSEE either the or the upon thirty (30) days prior written notice by either party. AGREEMENT F) Notices - Any written notice required under this shall be sent CITY to the at: Parks Director City of Janesville 18 N. Jackson St. P.O. Box 5005 Janesville, WI 53547-5005 LESSEE And if to the at: Executive Director Janesville Area Convention and Visitors Bureau, Inc. 20 S. Main Street, Suite 17 Janesville, WI 53545 G) Time is of the essence in the performance of each and every term, AGREEMENT. provision, and promise set forth in this AGREEMENT H) The provisions in this are severable. Dated and executed in Janesville, Wisconsin this day of , 2010. JANESVILLE AREA CONVENTION CITY OF JANESVILLE AND VISITORS BUREAU, INC. Eric Levitt, City Manager Christine Rebout, Executive Director 5 CITY MANAGER’S MEMORANDUM March 18, 2010 TO: City Council FROM: Eric J. Levitt SUBJECT: Committee Appointments Request I request the Council confirm the appointments of the Council President and those of the Manager requiring confirmation. Summary Recently the Citizens Advisory Committee on Appointments met to make their recommendations for citizen nominees to city boards, commissions and committees. For Council President appointments, Please find below their recommendations. Council President Truman is appointing those recommended by the Committee. For those under my purview, I am appointing those recommended by the Committee. A listing of all citizens that volunteered for each vacancy and the unapproved minutes of the Committee’s meeting are included for your reference. Citizen appointments of the City Manager not requiring Council confirmation are also included for your information. Eligibility To be eligible for an appointment to a standing committee, individuals must have interest or knowledge in the committee’s subject matter. Recommendations for Council President Appointments (confirmed by entire Council) Council President Truman is appointing those recommended by the Committee. Alcohol License Advisory Committee 1 vacancy 1 vacancy (possible re-appointment – Matthew Schreier) The Committee recommends Matthew Schreier and Angela Smillie. Cable Advisory Committee 2 vacancies The Committee recommends Wesley Davis and Robert Novak III. Citizen Advisory Committee on Appointments 1 vacancy (possible re-appointment – Judith Detert-Moriarty) 1 vacancy (possible re-appointment – Larry Squire) The Committee recommends Judith Detert-Moriarty and Larry Squire. Citizens Board of Review 1 vacancy (alternate) 1 vacancy (possible re-appointment – Joe LeBeau) The Committee recommends Joe LeBeau (as voting member) and Nancy Kimball (as alternate). Golf Course Advisory Committee 1 vacancy (alternate) The Committee recommends Debi Doiel. Historic Commission 1 vacancy 1 vacancy (possible re-appointment – Bruce Dennis) The Committee recommends Bruce Dennis and Kimberly Friedrichs. Ice Skating Center Advisory Committee 1 vacancy (possible re-appointment – Bill DeCremer) 1 vacancy (possible re-appointment – Elise Erdmann) The Committee recommends Bill DeCremer and Elise Erdmann. Leisure Services Advisory Committee 2 vacancies 1 vacancy (possible re-appointment – Lorie Markus) 1 vacancy (possible re-appointment - Betty Schwarz) The Committee recommends Lorie Markus, Betty Schwarz, Francis James and Bill Jass. Sustainable Janesville Committee 4 vacancies 1 vacancy (possible re-appointment – Julie Backenkeller) 1 vacancy (possible re-appointment – Ann Hyzer) 1 vacancy (possible re-appointment – Daniel Swanson) The Committee recommends Julie Backenkeller, Ann Hyzer, Daniel Swanson, Kevin Bishop, Mike Brace, Holly Griffin and Walter Walker. Recommendations for City Manager Appointments (confirmed by entire Council) I am appointing those recommended by the Committee. Community Development Authority 1 vacancy (possible re-appointment – Heidi Holden) The Committee recommends Heidi Holden. Library Board 2 vacancies 1 vacancy (possible re-appointment – Carole Bennett) 1 vacancy (possible re-appointment – Doug Derby) The Committee recommends Carole Bennett, Doug Derby, Chuck Goldstein and Kathryn Shebiel. Zoning Board of Appeals 1 vacancy (possible re-appointment – Teresa McKeown) 1 vacancy (possible re-appointment – Joe Wangerin) The Committee recommends Teresa McKeown and Joe Wangerin. Recommendation I recommend the Council confirm the appointments of the Council President and those of the Manager requiring confirmation. Motion I move to confirm the appointments of the Council President and those of the Manager requiring confirmation. Recommendations for City Manager Appointments (no Council confirmation needed) Plan Commission and Police and Fire Commission members are appointed by the City Manager and do not require City Council approval. I agree with the recommendations of the Committee and have made the following appointments. Police and Fire Commission While the Citizens Advisory Committee on Appointments is not officially authorized to make recommendations for nominees to the Police and Fire Commission, I asked this committee to provide a recommendation regarding the PFC appointment. 1 vacancy The Committee recommends Larry Barton. I am appointing Larry Barton. Attachments Record of Citizen Advisory Committee on Appointments March 17, 2010 Page 1 Meeting of the City of Janesville Citizen Advisory Committee on Appointments held in the Municipal Building fourth floor conference room on March 17, 2010. Committee Members Present: David Riemer, Larry Squire, Judith Detert-Moriarty, Mary Willmer-Sheedy and Ron Combs Staff Present: Eric Levitt and Tom Malone Agenda Items Roll Call The meeting began at approximately 11:00 AM with Detert-Moriarty, Riemer, Squire, Willmer- Sheedy and Combs present. Approval of February 9, 2009 meeting minutes Riemer motioned approval of the minutes. Combs seconded the motion and the vote was 5- 0-0 in favor. Selection of recommended nominees and alternate nominee for the following Boards, Commissions and Committees City Manager Levitt stated that applications had been submitted by volunteers who were not residents. He stated non-residents have traditionally not been appointed to committees, but there was no formal policy in place prohibiting non-residents from applying. Applications for non-residents were included in the packet. Willmer-Sheedy stated it might be helpful for the City Council to address developing a formal policy in the future. Alcohol License Advisory Committee Following committee discussion, Detert-Moriarty motioned to recommend Matthew Schreier and Angela Smillie as voting members for the Alcohol License Advisory Committee. Riemer seconded the motion and the vote was 5-0-0 in favor. Cable Advisory Committee Following committee discussion, Riemer motioned to recommend Wesley Davis (1 year term) and Robert Novak III (3 year term) as voting members for the Cable Advisory Committee. Squire seconded the motion and the vote was 5-0-0 in favor. Citizen Advisory Committee on Appointments Squire and Detert-Moriarty left the room. Following committee discussion, Riemer motioned to recommend Larry Squire and Judith Detert-Moriarty as voting members for the Citizen Advisory Committee on Appointments. Combs seconded the motion and the vote was 3-0-0 in favor. Squire and Detert-Moriarty returned to the room. Record of Citizen Advisory Committee on Appointments March 17, 2010 Page 2 Citizens Board of Review Following committee discussion, Squire motioned to recommend Joe LeBeau as a voting member and Nancy Kimball as an alternate member for the Citizens Board of Review. Detert- Moriarty seconded the motion and the vote was 4-0-1 in favor. Willmer-Sheedy abstained. Community Development Authority Following committee discussion, Combs motioned to recommendHeidi Holden as a voting member of the Community Development Authority. Reimer seconded the motion and the vote was 5-0-0 in favor. Golf Course Advisory Committee Following committee discussion, Reimer motioned to recommend Debi Doiel as an alternate member of the Golf Course Advisory Committee. Detert-Moriarty seconded the motion and the vote was 5-0-0 in favor. Historic Commission Following committee discussion, Riemer motioned to recommend Bruce Dennis and Kimberly Friedrichs as voting members of the Historic Commission. Squire seconded the motion and the vote was 5-0-0 in favor. Ice Skating Center Advisory Committee Following committee discussion, Combs motioned to recommend Bill DeCremer and Elise Erdmann as voting members of the Ice Skating Center Advisory Committee. Detert-Moriarty seconded the motion and the vote was 5-0-0 in favor. Leisure Services Advisory Committee Following committee discussion, Squire motioned to recommend Lorie Markus, Betty Schwarz, Bill Jass (3 year terms) and Francis James (1 year term) as voting members of the Leisure Services Advisory Committee. Combs seconded the motion and the vote was 5-0-0 in favor. Library Board Dave Carlson, President of the Library Board gave a summary of a meeting the Library Board had in order to recommend applicants to the Board. He asked if the Advisory Committee would be forwarding reasons for their recommendations of committee appointments to the City Council. Willmer-Sheedy stated they were asked to forward recommendations and that the Council had access to the same information the Advisory Committee did. Carlson requested that the appointments be made by the Council so that the new Library Board members could be appointed in a timely fashion. Willmer-Sheedy replied that the recommendations would appear on the April 12, 2010 City Council agenda. Dave Carlson thanked the Advisory Committee members. Following committee discussion, Reimer motioned to recommend Carole Bennett, Doug Derby, Chuck Goldstein (3 year terms) and Kathryn Shebiel (1 year term) as voting members; and Jaleh Babiri as Alternate #1 of the Library Board. Combs seconded the motion and the vote was 4-0-1 in favor. Squire abstained from voting. Record of Citizen Advisory Committee on Appointments March 17, 2010 Page 3 Police and Fire Commission Following committee discussion, Squire motioned to recommend Larry Barton as a voting member of the Police and Fire Commission. Reimer seconded the motion and the vote was 5-0-0 in favor. Sustainable Janesville Committee Following committee discussion, Squire motioned to recommend Julie Backenkeller, Ann Hyzer, Daniel Swanson (2 year terms), Kevin Bishop, Mike Brace, Holly Griffin and Walter Walker (1 year terms) as voting members; Jill Shapiro as Alternate #1 and Allison Rollette as Alternate #2. of the Sustainable Janesville Committee. Reimer seconded the motion and the vote was 5-0-0 in favor. Zoning Board of Appeals Following committee discussion, Squire motioned Teresa McKeown and Jon Wangerin as voting members of the Zoning Board of Appeals. Combs seconded the motion and the vote was 4-0-1 in favor. Willmer- Sheedy abstained from voting. Discussion and action regarding future vacancies The Committee asked that future summary information on applicants contain the occupation, and how many years the individual had served on the Committee if they were being reappointed. Date for Next Meeting As there are no known vacancies, scheduling the next meeting of the committee is not needed. Smith will contact committee members if a meeting is needed in the future. Matters Not on the Agenda The Committee asked staff to prepare future agenda materials for vacancies using a grid worksheet. The sheet will include the names of volunteers down the left hand side and the names of all committee along the top. Any committee a volunteer applies for will be marked. Using this system, only one copy of each application is needed per committee member. The meeting was adjourned at approximately 11:35 AM. These minutes are not official until approved by the Citizen Advisory Committee on Appointments. Tom Malone, Management Analyst Economic Development Department Memorandum April 12, 2010 TO: City Council FROM: Vic Grassman, Economic Development Director SUBJECT: Action on a proposed Resolution authorizing a TIF Development Agreement in TIF 14 with W.W. Grainger to support job creation at the Lab Safety facility, 401 S. Wright Road, Janesville, WI (File Resolution No. 2010-689) Executive Summary W.W. Grainger, (Lab Safety facility) has/is highly regarded as both an excellent place to work as well as an important economic job center for Janesville. In recent times, there have been significant changes within the facility transitioning from a Lab Safety distribution center to more of a headquarters facility for Grainger’s specialty brands. This transition, in concert with Granger’s reorganization of its logistical locations, has led to employee transfers, early retirements and layoffs. On January 13, 2010 representatives from the City of Janesville, Forward Janesville and Rock County met with facilities management representatives to discuss the future of Grainger in Janesville and to stress the City’s willingness to provide financial incentives to encourage Grainger to commit to future employment growth at this facility. On February 8, 2010, staff met with the City Council in closed session to ask for authorization to begin negotiations with Grainger on an incentive proposal. The successful results of these negotiations are before you to formally approve. The Council authorized staff to offer $1,750.00 for each net new job that Grainger can commit to in the near future. Grainger responded with an employment schedule indicating that all of the transfers and early retirement actions would be completed by June 30, 2010. Base employment as of July 1, 2010 will be 750 full time and 90 part-time positions. In addition Grainger has committed to the following: ? 16 new positions in 2010 ? 62 new positions in 2011 ? 52 new positions in 2012 The total commitment is 130 full time jobs. Since there is little tax increment resulting from this expansion, (additional office space will be available at the Janesville facility) this is primarily an employment incentive. Based on the Council’s authorization of $1,750.00 /job this resolution provides Grainger with a $227,500.00 forgivable loan at an interest rate of 7% and a term of 10 years. Annual forgiveness with be based on maintaining and increasing employment levels according to the terms of the TIF Development Loan Agreement. Grainger has been asked to sign a mortgage for the above incentive which will be attached to their Janesville facility. Grainger has also applied to the WI Dept. of Commerce for Janesville Development Opportunity Zone tax credits. Economic Development Director’s Recommendation I recommend approval of this resolution to grant a forgivable TIf loan to W. W. Grainger, Inc. for the following reasons: ? This financial proposal is consistent with the negotiating parameters provided by the City Council in closed session. ? There is adequate funding in TIF 14 to cover a forgivable loan of $227,500. ? This resolution will have a significant psychological impact internally on Janesville’s residents; not only from increasing employment at Grainger but also that the City is pro-actively working to keep keep/create jobs within the city. Grainger has indicated that 90% of these new jobs will be filled locally. ? The positive public relations impacts externally, will, once again reconfirm that the City is proactively ready to assist both existing and new businesses that create jobs. Background: Lab Safety became in independent subsidiary of W. W. Grainger Inc. in 1992 and due to the productivity of the labor force, excess space and other economic factors, has grown to be the headquarters facility for Grainger’s Specialty Brands Division. In the past several years, Grainger has purchased 10 companies that have important product lines but do not necessarily fit in with Grainger’s existing distribution system, types of catalogues etc. These specialty lines require different types of technical support and distribution processes than the traditional Grainger products. Grainger has chosen to keep these new companies in their existing locations but the overall management of these products lines will be at the Janesville facility. Grainger has indicated to us and has been confirmed by the media that the company is reorganizing its distribution/warehousing system to create new transportation efficiencies including establishing both east and west coast warehousing capabilities. This has resulted in transfers and some early retirements at the Janesville facility as their logistical system has been reorganized to reflect the new product lines and increasing need for customer service. This has resulted in warehousing positions that have been reassigned elsewhere. The new positions will reflect a more office based focus. The employment numbers provided by Grainger as a result of this can be seen below. As of March 3, 2010 this facility had 774 full time and 91 part-time employees. After June 30, 2010, a number of warehousing positions will be eliminated and the result will be 750 full time employees and 90 part-time. All but 22 of them live in Wisconsin, the remainder live in Illinois. The changing distribution structure has been a key component for the transition of Lab Safety to a more office focused environment. The employees impacted by these changes have either relocated to South Carolina, took early retirements or severance packages. Currently at the Janesville facility there are approximately 600 employees at office jobs with the remainder on the distribution floor. In addition, although the Janesville facility will locally be referred to as Lab Safety, its technical name was changed on February 1 to GHC Specialty Brands with new signage occurring in April. From a local perspective, Ralph Howard, VP of Specialty Brands in Janesville has worked hard to communicate these changes to employees, has rejoined Forward Janesville and has encouraged staff to become more involved in community activities. Of the 130 new positions, 90% will be new hires to Grainger thus available to local residents. All will include benefits. Projected salaries for these types are: ? Non-Exempt Employees – 115 (three years) - $13.90/hour ? Supervisors – 11 (three years) - $26.20/hr. ? Managers – 3 (three years) - $37.30 /hour ? Sr. Managers – 1 ( three years) -$50.50/hour In 2009, W. W. Grainger, the leading broad-line supplier of facilities maintenance products, had sales of $6.2 billion, over 18,000 employees and had a 6.9% net profit. The funding for this loan will be taken out of TIF 14 which, at the end of 2009, had a positive balance of $1,125,199. cc: Eric Levitt Jacob Winzenz Resolution 2010- 689 A Resolution Approving a TIF XIV Development Loan Agreement and Promissory Note With W.W. Grainger, Inc., for $227,000 WHEREAS, the Common Council of the City of Janesville created Tax Incremental Finance District No. XIV in accord with Wisconsin’s Tax Increment Financing Laws, Wis. Stats. Sec. 66.1105 and other applicable statutes, as from time to time amended or renumbered, effective April 1995, in order to stimulate the development and redevelopment of industrially zoned properties; retain and increase employment; construct, renovate and expand industrial facilities; and otherwise provide for the overall economic health, welfare, vitality, and good of the community; and WHEREAS, the Project Plan for TIF District XIV includes industrial and manufacturing development and redevelopment, improvements, facility construction, expansion, and renovation, job retention and creation, and related financing, incentives, payments, loans, and actions that effectuate and/or facilitate these public purposes and goals; and WHEREAS, W.W. Grainger, Inc., a local major employer, desires to, promises to, and shall renovate and expand its existing Facility located at 401 South Wright Road, Janesville, WI 53546-8729, retain current employment levels, and increase and maintain new jobs at its Facility in Janesville, for the years, in the numbers, upon the terms, and in the manner set forth in, and in consideration of, a certain TIF Development Loan Agreement and Promissory Note, the terms, conditions, promises, and provisions of which are reiterated and incorporated herein by reference as if fully set forth verbatim; and WHEREAS, there are currently sufficient positive fund balances in the TIF District XIV improvement and overall project accounts, and these expenditures fall within the allowable time and scope for said Development Agreement and expenditures; and WHEREAS, the Common Council hereby find that the City Administration has negotiated the TIF Development Loan Agreement and Promissory Note with W.W. Grainger, Inc., upon terms, conditions, promises, obligations, provisions, and purposes, consistent with the best interest of and benefit to the City, all applicable laws, and Common Council industrial and economic development policies, goals, objectives, and directives. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Janesville that: 1. Each and every of the above recitals are reiterated and incorporated herein by reference as if fully set forth verbatim; and 2. The W.W. Grainger TIF XIV Development Loan Agreement and Promissory Note are also reiterated and incorporated herein by reference as if fully set forth verbatim; and 3. The W.W. Grainger TIF XIV Development Loan Agreement and Promissory Note, and all expenditures, terms, conditions, promises, obligations, and provisions set forth therein are hereby found to be in the best interest of, and for the benefit of, the City, and, therefore, are hereby both authorized and approved; and 4. The City Manager and/or his designee(s) is/are hereby authorized to execute, enter into, and effectuate the TIF XIV Development Loan Agreement and Promissory Note with W.W. Grainger, Inc., on behalf of the City of Janesville; 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 to administratively negotiate, draft, execute, review, enter in, modify, amend, record, file, and otherwise effectuate the above agreements and promissory note, and/or to make and enter into any and all other agreements, contracts, documents, papers, and forms, and/or to take whatever other actions that the City Manager and/or his designee(s) may, from time to time and at any time, determine necessary and/or desirable to effectuate the above transactions, agreements, and/or above all the intent and/or purposes of this Resolution. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner McDonald Eric J. Levitt, City Manager Perrotto Rashkin ATTEST: Steeber Truman Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Economic Development Director Prepared by: City Attorney COMMUNITY DEVELOPMENT DEPARTMENT Apri 2, 2010 TO: Janesville City Council FROM: Gale S. Price, AICP, Manager of Building and Development Services SUBJECT: Review and approval of an Economic Development Grant to Sidekicks Saloon, 3502 Milton Avenue. Executive Summary In 2002 the City Council adopted an ordinance to establish an Economic Development Grant program to permit the City Council to approve economic grants to those establishments that obtain a Reserve Class B liquor license. Based on specific criteria the City Council may approve such grants up to the one-time $10,000 Reserve Class B liquor license fee. Sidekicks Saloon represented by Gail Christiaansen has requested an Economic Development Grant for their Reserve Class B license which was issued earlier this year. Committee and Staff Recommendation The Alcohol License Advisory Committee and the Community Development Department recommend that following the City Council review, a motion to approve an Economic Development Grant in the amount of $10,000 for Sidekicks Saloon be approved. Suggested Motion Motion to approve an Economic Development Grant in the amount of $10,000 for for Sidekicks Saloon. Request The City Clerks Office has received a written request for a $10,000 Economic Development Grant from Gail Christiaansen, Sidekicks Saloon, 3502 Milton Avenue. Sidekicks was issued a Reserve Class B license earlier this year and has paid their initial $10,000 Reserve Class B license fee at that time. Background Alcohol licenses are regulated by State Statute Chapter 125 and Janesville Code of General Ordinances Chapter 5. In 1997, the State reduced the number of Class B licenses that a municipality may issue and created a new Reserve Class B alcohol license. A Class B license and a Reserve Class B license are the same except for the cost. A Class B license costs $600 per year and a Reserve Class B license costs $600 per year plus a one-time fee of $10,000 when the license is initially issued. The fees are paid to and retained by the City. Since the enactment of this Reserve Class B license fee, several cities in Wisconsin have created an economic development grant program which in effect refunds all or part of the initial $10,000 fee. In 2002, the City Council adopted an ordinance to establish such an Economic Development Grant Program to allow the City Council to issue a one-time non-repayable grant to businesses who receive a Reserve Class B License. According to the ordinance, after submission by the applicant of a written application to the City Clerk for a grant, the City Council may provide an Economic Development Grant to the licensee in an amount not to exceed 1 $10,000 following a review and recommendation from the Alcohol Licensing Advisory Committee (ALAC). The ordinance further provides that the City Council may consider the following criteria when determining whether to grant all or part of the $10,000 grant to a particular applicant: 1. That the extent to which the license and/or the grant will promote a redevelopment or rehabilitation project in the downtown or other commercial areas including the amount of investment, the extent of rehabilitation, historic preservation and public improvement effectuated, and related revitalization, health, welfare, peace and public good order factors. 2. That the applicant demonstrates that their investment and the establishment issued the Class B reserve intoxicating liquor alcohol beverage license is equal to or greater than the dollar amount of the grant request. 3. That the Class B reserve establishment is located at least 300 feet from any residential- zoned area. Analysis The Community Development Department has evaluated this request based on the above criteria and believes that the entire $10,000 initial license fee could be refunded as a grant. Staff’s findings are based on the following: 1. While the property is not located within the downtown area, it is located on the northern edge of the Milton Avenue commercial corridor. This project is considered to be an in-fill development as it is re-using an existing restaurant/bar facility for a new patron. 2. The owner is making modifications to provide an outdoor seating area as a result of the smoking ban to take effect in July, 2010. There will be some landscaping improvements in addition to the costs for the patio and signage. The investment to modify the existing facility is anticipated to increase the property value of the property in that the owners will have invested $39,000 for the re-use of the facility. This amount of investment exceeds the $10,000 initial license fee. 3. The establishment is located greater than 300 feet from a residentially-zoned area and is consistent with the standard. cc: Eric Levitt Jacob J. Winzenz 2 Community Development Department Memorandum April 12, 2010 TO: Janesville City Council FROM: Duane Cherek, Planning Services Manager SUBJECT: Action on a proposed resolution declaring certain public property along Mill Street as surplus and authorizing its conveyance to Evonik- Goldschmidt Corporation (File Resolution No. 2010-690) SUMMARY This item involves a request to convey two small City-owned parcels of land situated along Mill Street to the Evonik-Goldschmidt Corporation which is located at 900 S. Palm Street (see location map). This item is being processed in conjunction with a separate request to vacate unimproved street sections located south of Rockport Road and west of S. Palm Street. Evonik industries own all parcels of land adjoining these street sections located north of Mill Street, and they desire to consolidate the individual parcels by recording a certified survey map. During preparation of the survey and street vacation process, staff identified two city-owned parcels that will serve no public purpose if retained. As required by State Statute, conveyance of City-owned land must be scheduled for Plan Commission review and comment in order to determine if it is consistent with established City plans and then approved by the City Council. DEPARTMENT RECOMMENDATION The Plan Commission and Community Development Department recommend that the City Council support a motion to approve Resolution No. 2010-690 declaring two properties along Mill Street as surplus and authorizing the conveyance of that land to the adjoining owner. SUGGESTED MOTION A motion to approve Resolution No. 2010-690 declaring two small City-owned parcels of land along Mill Street as surplus property and authorizing the conveyance of that land to the adjoining owner. ANALYSIS A. In 2005, the city acquired a triangular-shaped sliver of land along Mill Street to ensure that the public road in that location did not encroach onto private property. This sliver of land is approximately 4,100 sq ft in size and extends along the south side of Mill Street where a portion of the gravel road surface was constructed just beyond the right-of-way limits. Since the City has no interest or public purpose for maintaining ownership of this strip of land based on our support of the Mill Street right-of way vacation, staff is recommending that it be conveyed by deed to the applicant concurrent with the proposed street vacation. B. The other parcel of land was originally deeded to the City by the former owner of the Evonik plant (Ashland Oil, Inc.) in 1975. This parcel is roughly 13,000 sq ft in size and extends west beyond the current terminus of Mill Street (see map). It encompasses an open ditch type of drainage channel that was constructed to allow for stormwater conveyance across the Evonik site. City ownership of this property (via the deed) was discovered by the surveyor during preparation of the certified survey map of the industrial site – no record of City ownership was on file by the Assessor’s office. Later this year, the City will be constructing improvements to the public storm sewer and drainage system along Mill Street and affecting the Evonik site. Those activities will eliminate the existing drainage channel in this area and the need for any future maintenance, public ownership or use. This will allow Evonik to restore the area for future industrial use as part of their existing operations. C. Plan Commission must review this land transfer and determine that the proposed conveyance to the adjoining land owner as surplus property is consistent with City Plans. Staff has reviewed this matter with the Engineering Department that indicates there are no plans to utilize either parcel for public utilities or services, and saw no need for further public ownership and supported the conveyance. The conveyance will place the ownership and use of the property with the adjoining industrial property owner, thus establishing a viable use that is consistent with the industrial land use designation shown on the Comprehensive Plan. PLAN COMMISSION ACTION – 5 APRIL 2010 Duane Cherek, Planning Services Manager, presented the written staff report. There were no questions or discussion. The Plan Commission unanimously agreed to declare two small City-owned parcels of land as surplus property and then forward a positive recommendation to the City Council for the conveyance of that land to the adjoining owner located along Mill Street. cc: Brad Cantrell RESOLUTION NO. 2010-690 A resolution declaring as surplus certain public property along Mill Street and authorizing its conveyance to Evonik-Goldschmidt Corporation. WHEREAS, the City of Janesville owns certain real property located south and west of Mill Street in the City of Janesville, legally described as follows: Parcel A An irregular parcel of land located in Government Lot 1, Section 2, Town 2 North, Range 12 th East, 4 Principal Meridian, City of Janesville, Rock County, Wisconsin, described as follows: Commencing at a point on the north-south centerline of said Section 2, said point being 838.86 o feet S.014’36”E. of the North ¼ corner of said Section 2, said point being also on the o southeasterly right-of-way line of the Chicago and Northwestern Railway; thence N.4839’58”E. o along said right-of-way line 23.86 feet; thence N.4423’23”E. along said right-of-way line 203.56 o feet; thence N.4001’15”E. along said right-of-way line 65.34 feet to the point of beginning; o thence continuing N.4001’15”E. along said right-of-way line 179.18 feet to the centerline of o Mills Street as platted in Miltimore’s Addition, a recorded subdivision; thence N.8903’20”E. along the centerline of Mills Street 341.76 feet to the east line of South Pine Street; thence oo S.057’21”W., 33.00 feet to the south line of Mills Street; thence S.8246’42”W., 50.30 feet; ooo thence S.8115’17”W., 50.57 feet; thence S.7728’14”W. 51.06 feet; thence S.7256’49”W. oo 52.04 feet; thence S.7114’55”W., 52.52 feet; thence S.7022’49”W., 52.78 feet; thence ooo S.6812’41”W., 44.68 feet; thence S.5744’43”W., 93.82 feet; thence N.4958’45”W., 49.38 feet to the point of beginning. Excepting therefrom all lands lying in the platted Mills Street. Parcel B th Part of Miltimore’s Addition, all being part of the NE.1/4 of Section 2, T.2N., R.12E. of the 4 P.M., Rock Township, all in the City of Janesville, Rock County, Wisconsin, described as follows: o Commencing at the North quarter corner of Section 2 aforesaid; thence North 8901’47”East o 1005.26 feet along the North line of said quarter section; thence South 0057’08”East 529.37 o feet to the place of beginning for the parcel herein described; thence South 8445”44”West oo 335.93 feet; thence North 0149’48”West 25.00 feet; thence North 8901’32” East 335.38 feet to the place of beginning. Containing 4,192 square feet more or less. WHEREAS, said property comprises two separate parcels of land (hereinafter Parcel A and Parcel B) containing approximately 0.30 acres and 0.09 acres in size, respectively, and; WHEREAS, Parcel A was conveyed to the City of Janesville in 1975 to accommodate public storm drainage facilities and receive conveyance of stormwater from Mill Street, and; WHEREAS; the thin strip of land contained by Parcel B was acquired by the City of Janesville in 2005 to permit the public road surface within Mill Street from encroaching onto private property, and; WHEREAS, said land is no longer needed for public purposes and, thus, constitutes surplus property; and RESOLUTION NO. 2010-690 Page 2 WHEREAS, this conveyance would facilitate the vacation of Mill Street, the design and construction of alternative storm water improvements in the area, and the abandonment of an existing open drainage ditch that conveys public storm water across private property, and; WHEREAS, said land will be conveyed to Evonik-Goldschmidt Corporation, the owner of adjoining property, for no consideration; and WHEREAS, the Janesville Plan Commission reviewed this proposed land conveyance on 5 April 2010, declared the land as surplus City property appropriate for disposal consistent with City plans, and recommended that the Common Council approve the land transfers; and WHEREAS, these findings, conveyances, and transactions are authorized, pursuant to Wis. Stats. Secs. 62.11(5), 62.22, 62.23(17), 66.0101, and other pertinent provisions of the Wisconsin Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF JANESVILLE, that above described real property has been found to be surplus, and that the City Administration is hereby authorized, on behalf of the City of Janesville, to convey the above surplus real property by quit claim deed to the abutting property owner, Evonik-Goldschmidt Corporation. BE IT FUTHER RESOLVED, that the City Manager, Community Development Director, City Clerk-Treasurer, and other members of the City Administration as the City Manager may designate, are hereby authorized to negotiate, draft, execute, enter into, amend, change, file, and record such other agreements, deeds, documents, and papers, and to take such other actions, related hereto that the City Manager may, from time to time, determine necessary and/or desirable, and/or that effectuate the intent, of this Resolution. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner McDonald Eric J. Levitt, City Manager Perrotto Rashkin ATTEST: Steeber Truman Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Community Development Department Prepared by: Community Development Department And City Attorney Ú±®³» Þ Ûª±²·µ ó Ù±´¼½¸³·¼¬ q Ô»¹»²¼ ÐßÎÝÛÔÍ ÎÛÏËÛÍÌÛÜ ÚÑÎ ÝÑÒÊÛÇßÒÝÛ Ê¿½¿¬·±² ±º Ð±®¬·±² ±º Í É¿´²«¬ô Ü¿¬»æ íñíïñïð Í½¿´»æ ïþã ïííù Í Ð·²»ô Î·ª»®·¼» ú Ó·´´ Í¬®»»¬ Ó¿° Ý±±®¼·²¿¬»æ Õóïí Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ Ý±²ª»§¿²½» ±º Ô¿²¼ ó Ûª±²·µ ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ DEPARTMENT OF PUBLIC WORKS MEMORANDUM 12 April 2010 TO: City Council FROM: Mike Payne, Engineering Manager SUBJECT: ACTION ON A REQUEST FROM Q&N FARMS TO EXTEND DEFERRAL OF SPECIAL ASSESSMENTS FROM 5 YEARS TO 10 YEARS. Summary Within the last year, Q&N Farms purchased 47 acres immediately south of Sunset Meadows subdivision, located at the southwest corner of Austin Road and CTH A. Q&N Farms intends to continue farming the property, which is contiguous with Mr. Quaerna’s farm. The property purchased by Q&N Farms has a sanitary sewer and sewer easement through the property to serve Sunset Meadows. Gary Peters previously owned and farmed this property south of Sunset Meadows and was granted a 5-year non-use deferment by the Council on April 9, 2008. Q&N Farms is requesting the Council grant a 10-year non-use deferment from April 2008. Council Policy No. 63, IV permits a non-use deferment for a special assessment levied against a property while no use of the improvement is made or the property is undeveloped. The annual interest carrying costs of these deferments are assigned to the appropriate Utility, in this case the Wastewater Utility. The granting of a non-use deferment is at the discretion of the Council. This land is readily developable, but the new owner does not have development plans for this property. The amount of the deferred assessment for approximately 1,900 linear feet of sanitary sewer is $124,362 with carrying costs for this sewer estimated at $5,600 / year using 4.5% interest at the time the funding was borrowed in 2008. Recommendation Although it is unusual for a property owner to request an extension of a deferment prior to the expiration date, the Council Policy does not prohibit a request for a subsequent non-use deferment. The Engineering Division recommends Council approve the requested extension of the non-use deferment. Suggested Motion I move to approve the request from Q&N Farms to grant a 10-year non-use deferment for sanitary sewer from the date of the original Council Action in April 2008. Attachments: - Letter of Request - Council Policy No. 63, Part IV - Location Map cc: Eric Levitt Jacob J. Winzenz Carl Weber NEIGHBORHOOD SERVICES MEMORANDUM March 15, 2010 TO: City Council FROM: Kelly Lee, Neighborhood Development Specialist SUBJECT: Action on a Proposed Resolution Authorizing the Acquisition and Rehabilitation of 416 S Jackson Street (File Res. No. 2010-682) 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 416 S Jackson 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 2010-682 authorizing the purchase of the property located at 416 S Jackson Street, at a price not to exceed $47,500.00 as part of the Neighborhood Stabilization Grant Program (NSP). City Manager Recommendation The City Manager concurs with the Neighborhood Services Department recommendation to purchase 416 S. Jackson St. Suggested Motion I move to approve file resolution 2010-682 authorizing the purchase of 416 S Jackson Street, at price not to exceed $47,500.00 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 416 S Jackson Street is a foreclosed single family home in fair condition. Federal National Mortgage Association in Plano, Texas foreclosed on the property on December 15, 2009. 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 1920. The 1380 square foot, two-story home has 3 bedrooms and one bath and an approximately 520 square foot detached garage in good condition. The home requires minor rehabilitation. The City will update the interior and make all necessary interior repairs. The City has an accepted offer at a purchase price of $47,500.00 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-2, Limited General Residence. B. The project will include acquisition and minor rehabilitation of the property funded through the Neighborhood Stabilization Program (NSP) grant. C. The project is consistent with the criteria outlined by the Community Development Authority and the Neighborhood Action Team. The home is located in census tract 3 which has been identified as one of the areas of th greatest need in Janesville. The property is listed as “fair” in the 4 Ward and Look West Housing Condition Report. 2 D. The project is consistent with the City of Janesville Look West & Old Fourth Ward Neighborhood Revitalization Plan as well as the City of Janesville Comprehensive Plan. Plan Commission Action Duane Cherek, Planning Services Manager, presented the written staff report. Commissioner Perrotto questioned if there was anything salvageable within the 210 Linn Street property and Kelly Lee, Neighborhood Development Specialist, answered that there was and it would be offered to Habitat for Humanity as has been done in the past with the other neighborhood stabilization properties. There was a motion by Commissioner Werner with a second by Commissioner Helgerson to forward the acquisition of 416 South Jackson Street 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 6-0-0 vote. cc: Eric Levitt, City Manager Jay Winzenz, Dir. of Administrative Services/Assistant City Manager Jennifer Petruzzello, Neighborhood Services Director 3 RESOLUTION NO. 2010-682 RESOLUTION AUTHORIZING THE ACQUISITION AND REHABILITATION OF REAL PROPERTY LOCATED AT 416 S JACKSON 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 416 S Jackson Street in the amount of Forty Seven Thousand Five Hundred dollars ($47,500.00); and WHEREAS , the Janesville Plan Commission has reviewed this proposed acquisition on March 22, 2010 and found it to be consistent with long range City plans, but not commenting upon the financial aspects of the transaction; and WHEREAS , this property and structure satisfy the criteria and purposes of the City and the above programs; and WHEREAS , the Common Council hereby find that said acquisition and rehabilitation as set forth herein would act in the best interest in and for the benefit of the community, its residents, businesses, and their general welfare, good order, peace, and tranquility; 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 Forty Seven Thousand Five Hundred dollars ($47,500.00) 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 DEPARTMENT OF PUBLIC WORKS MEMORANDUM April 2, 2010 TO: City Council FROM: John Whitcomb, Operations Director SUBJECT: Landfill Odor Control Activities (File Resolution No. 2010-691) Summary Odor migration from the City’s operating landfill began to affect larger areas of the City late in 2009. Several infrastructure improvements and other activities have been undertaken the past three months in an effort to minimize off site migration and, while there has been some improvement, the problem persists at an unacceptable level from both a public and regulatory standpoint. With the assistance of a consultant, and in coordination with DNR staff, additional infrastructure improvements have been evaluated and selected for implementation. The estimated cost of these improvements is $190,000 and staff is proposing an additional $50,000 be allocated to cover contingency and any additional actions which might be necessary ($240,000 total funding). Because funding for these improvements and contingency is currently unavailable, File Resolution No. 2010-691 has been prepared which would authorize the Administration to expend funds not to exceed $240,000 and would commit the Council to including an equivalent amount of borrowing in the 2010 General Obligation Promissory Note Issue to cover the expenditures. Staff Recommendation Operations Division staff recommends adoption of File Resolution 2010-691 authorizing the Administration to expend funds not to exceed $240,000 for the purpose of odor control efforts at the City’s landfill. Recommended Motion Move to adopt File Resolution 2010-691 to authorize the expenditure of funds not to exceed $240,000 for odor control efforts at the City’s landfill and to express our intent to include this amount in the 2010 Note issue. Background The proposed improvements are designed to improve the operation of infrastructure installed previously in order to capture landfill gases on site. The prior infrastructure has been marginally successful, but has been limited by oxygen intrusion into the system. Oxygen enters the system through areas that have insufficient amounts of waste or cover material to prevent the intrusion. High oxygen levels can cause combustion of waste within the landfill and impede the production of electricity from the collected gas. 1 Specifically, the improvements include utilization of plastic membrane to seal the perimeter of landfill Cells 1 & 2, the area identified as most problematic from a control standpoint. Plastic membrane will also be placed around and between the gas collection wells installed earlier this year for the same purpose. Installation of additional horizontal gas collection piping, covering a wider area within the operating cells, is also planned. Lastly, the proposed infrastructure includes connection of leachate cleanout lines, located at the north end of the landfill, to the gas collection system. Cleanouts located at the south end of the landfill were connected previously. Cc: Carl Weber, Director of Public Works Jay Winzenz, Director of Administrative Services Mike Payne, Engineering Manager Lindsay Motl, Landfill Manager 2 RESOLUTION NO. 2010-691 A Resolution authorizing the City Administration to expend funds to mitigate landfill odor migration from the City’s Sanitary Landfill. WHEREAS, the City of Janesville owns and operates a sanitary landfill; and WHERAS, conditions exist at the sanitary landfill which are currently resulting in nuisance odor migration from the sanitary landfill; and WHEREAS, such nuisance odor migration is deemed to exist at an extraordinary and, in Janesville, an unprecedented level; and WHEREAS, the City’s Operations and Engineering Division staff, in coordination with a consultant specializing in landfill odor control, have identified specific infrastructure improvements designed to reduce nuisance odor migration from the sanitary landfill; and WHEREAS, certain costs will be incurred to provide these specific infrastructure improvements, currently estimated at $190,000; and WHEREAS, the Common Council finds it reasonable to authorize additional funds of $50,000 for contingency and other odor control measures which may be necessary, bringing total funding to $240,000; and WHEREAS, these costs will be incurred by the City in connection with this project prior to the issuance of the 2010 tax exempt general obligation promissory notes, and the City reasonably expects to reimburse those costs with proceeds from the notes; and WHEREAS, the Common Council of the City of Janesville find that this funding is in the best interest of the City of Janesville and benefit to the community to overcome the extraordinary and unprecedented nuisance odor migration from the landfill; and NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Janesville that they hereby approve and authorize the City Administration to take actions necessary to provide additional funding in response to this extraordinary and unprecedented landfill odor migration and make infrastructure improvements with funding, in addition to that previously authorized, not to exceed $240,000; No funds from sources other than the 2010 tax exempt general obligation promissory note issue are, or are expected to be, reserved, allocated on a long-term basis, or otherwise set aside by the City for the project, except as permitted by the Internal Revenue Code of 1986. This declaration of official intent is consistent with the budgetary and financial circumstances of the City. The purpose of this Resolution is to satisfy the “official intent requirement” of the Treasury Regulation Section 1.150-2; and BE IT FURTHER RESOLVED, that the City Manager and his designee(s) on behalf of the City of Janesville, is/are hereby authorized and empowered to 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 make whatever other actions as the City Manager may determine, from time to time and any time, necessary and/or desirable to effectuate the intent of this Resolution and/or project(s). ADOPTED: Motion by: Second by: Councilmember Aye Nay Pass Absent APPROVED: Brunner Eric J. Levitt, City Manager McDonald Perrotto Rashkin ATTEST: Steeber Jean Ann Wulf, City Clerk-Treasurer Truman Voskuil APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Operations Division Prepared by: Operations Division NEIGHBORHOOD SERVICES MEMORANDUM April 2, 2010 TO: City Council FROM: Kelly Lee, Neighborhood Development Specialist SUBJECT: Action on a proposed Resolution Authorizing the Acquisition and Demolition of 907 McKinley Street (File Res. No. 2010-694) Summary In an effort to eliminate blighted property and stem the corresponding decline in property values for adjoining properties, five hundred thousand ($500,000) dollars was included within the 2009 Note Issue for neighborhood and downtown property acquisitions. The property located at 907 McKinley is currently a bank owned property and is a blighting influence to the neighborhood. Acquisition and demolition of the property located at 907 McKinley Street is consistent with neighborhood revitalization efforts for the Central City neighborhoods. Department Recommendation The Plan Commission and the Neighborhood Services Department recommend that the City Council support a motion to approve Resolution 2009-694 authorizing the purchase of the property located at 907 McKinley, at an acquisition price not to exceed $5,000. Suggested Motion I move to approve file resolution 2009-694 authorizing the purchase of 907 McKinley Street, at an acquisition price not to exceed $5,000 as part of the Central City Blight Elimination Project. Background Several months ago, the City of Janesville, Neighborhood Services, was approached by a representative of the Educational Employees Credit Union regarding a property that they were in the process of foreclosing upon. They have now taken the property back by way of a deed in lieu of foreclosure. After representatives from the bank had inspected the property, they decided that they had no interest in investing in the property to make necessary repairs to make the property habitable. (see attached letter) Neighborhood Services has negotiated a purchase price of $5,000 for the property at 907 McKinley Street. The property has a current assessed value of $57,800, including an assessed value of $10,000 for the land. No appraisal was 1 conducted for this property because the proposed sale price is lower than the land value. The Engineering Department estimated a demolition cost of$7,500. The interior of the structure is in very poor condition and staff recommends that the residence be demolished. The property will be acquired with funds with the City Council authorized in a 2009 General Fund Note Issue for blight elimination in the central part of the city. After the property is demolished, the site will be restored and effort will be made to sell the property or portions of the property to adjoining property owners. The City currently owns one of the adjoining properties located at 903 McKinley, and anticipates combining a portion of the lot with that of 903 McKinley. The property located at 907 McKinley Street is developed with a two-story single family residence built in 1855 on a very narrow 5,000 square foot lot. The property is zoned B3, General Residential. The house is 1,500 square foot with three bedrooms and one bath. The property does not individually represent a structure of historic significance to be retained. As with all properties located in an historic overlay district, permission from the Wisconsin Historical Society will be obtained before demolition occurs. th The property is listed in fair condition on the 4 Ward and Look West Housing Conditions Report; however, this report is based on an exterior inspection from the public right-of-way. Neighborhood Services did perform an interior inspection based on a tenant complaint in June of 2009. Based on that inspection, the structure was found to be unfit for human habitation due to several housing issues. An Order to Correct was issued at that time, but no repairs have been made at this time. Included in that order were foundation issues, exposed electrical wiring, an active roof leak, and damaged and missing stairs. (See attached order) The Community Development Authority (CDA) and the Neighborhood Action Team assisted in formulating criteria for potential Neighborhood Services Acquisitions, including: location in area of greatest need; located within either of the two redevelopment sites as identified in the City of Janesville Look West & th Old 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 th fair condition on the 4 Ward and Look West Housing Condition Report (or of similar condition for census tracts 6 &10). Analysis A. The property is zoned R-3, General Residential. B. The project will include acquisition and demolition of the property funded through the 2009 General Fund Note Issue for blight elimination. C. The project is consistent with the criteria outlined by the Community Development Authority and the Neighborhood Action Team. The home is 2 located in census tract 3 which has been identified as one of the areas of greatest need in Janesville. The property is listed as fair condition in the th 4 Ward and Look West Housing Condition Report based on an exterior only inspection. 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 asked if staff was aware of any environmental issues with the property and if there were any liens against the property. Cantrell stated he was not aware of any environmental issues on the property other than lead paint which is typical of a home of this era. He indicated that prior to processing this through the City Council we would be conducting a letter report to determine if there were any liens on the property. There was a motion by Commissioner Werner with a second by Commissioner Zolidis to forward this item to the City Council with a favorable recommendation. The motion carried on a 5-0-0 vote. cc: Eric Levitt, City Manager Jay Winzenz, Dir. of Administrative Services/Assistant City Manager Jennifer Petruzzello, Neighborhood Services Director 3 RESOLUTION NO. 2010-694 RESOLUTION AUTHORIZING THE ACQUISITION AND DEMOLITION OF REAL PROPERTY LOCATED AT 907 MCKINLEY 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 Council authorized $500,000 to be used for blight elimination in the central city in a 2009 General Fund Note Issue ; and WHEREAS , the Community Development Authority (CDA) and the Neighborhood Action Team assisted in formulating criteria for potential Neighborhood Services Department Property Acquisition 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 December th 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 th condition 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 907 McKinley Street in the amount of Five Thousand dollars ($5,000.00); and WHEREAS , the Janesville Plan Commission has reviewed this proposed acquisition on th April 5, 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 finds 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 demolition is the 2009 General Fund Note Issue Blight Elimination Fund: NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville that the City’s acquisition of 907 McKinley in the amount of Five Thousand dollars ($5,000.00) 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: Tim Wellnitz, Assistant City Attorney Proposed by: Neighborhood Services Department Prepared by: Neighborhood Development Specialist 2330 Kennedy Road Janesville, Wisconsin 53545 Ph: 608-752-2242 Fx: 608-752-6672 March 23, 2010 City Of Janesville Attn: Kelly Lee Re: Tina and Richard Schroeder Property at 907 McKinley Street, Janesville, WI 53545 To Whom It May Concern, Educational Employees Credit Union is now holding title on 907 McKinley Street, Janesville, Wisconsin. The credit union took the property through a deed in lieu of foreclosure from Tina and Richard Schroeder. Before offering the property to the city for purchase, the credit union has incurred expenses. This property had “squatters” residing in the property that we had to go through a formal eviction to have them vacated from the property. The credit union also cleared judgement lien off the title. We have worked with Tina and Richard to expedite the process of getting title on the home versus a true foreclosure. The credit union understood the city owns 903 McKinley Street and will either rehabilitate or raze that property. The credit union worked hard to make the title transfer happen quickly in order for the city to take both properties simultaneously for destruction if applicable. The credit union realizes the hazard of this property and was trying to assist the city to save money by getting a quick title. The credit union is requesting a purchase price of $5,000 for the property located at 907 McKinley Street, Janesville, Wisconsin and will release the property to the city for that settlement price. Thank you in advance for your consideration and if you have any questions, please feel to contact me at 608-752-2242. Sincerely, Barbara L. Berken President 907 McKinley 04/01/10 907 McKinley 04/01/10 August 28, 2009 ORDER TO CORRECT Owner #09-961 Richard D. Schroeder Tina R. Schroeder 2908 W. Avalon Rd. Janesville, WI 53546 RE: 907 McKinley Street Dear Mr. and Mrs. Schroeder: 907 McKinleySt., After a recent inspection regarding your property at the following violations were found and need to be corrected within thirty (30) days. The Order to Correct is issued pursuant to City of Janesville Code of General Ordinances and/or Wisconsin Administrative Code Comm 20-25. 16.08.320 1. The front door requires repair and shall be made capable of properly securing. 16.08.470 2. There are exposed electrical wires that shall be properly installed or removed. 16.08.045 3. A working smoke detector is required on each floor level, including the basement. PM305.3 4. Interior surfaces: All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking, or abraded paint shall be repaired, removed, or covered. Cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected. 16.08.300 5. Exterior walls: Every exterior wall shall be free of holes, breaks, loose or rotted boards or timbers, and any conditions which admit rain or excessive dampness to the interior portions of the walls or to the occupied spaces of the building. All exterior surface materials, including wood, composition, painted masonry, or metal siding, shall be maintained weatherproof and shall be properly surface coated by paint or other approved protective coating applied in a workmanlike manner when required to prevent deterioration and shall be free from peeling and chips. 16.08.300 6. Foundation walls: All foundation walls shall be maintained so as to carry the safe design and operating dead and live loads and shall be maintained plumb and free from open cracks and breaks, so as not to be detrimental to public safety and welfare. 16.08.300 7. Roofs and drainage: The roof shall be structurally sound, tight, and not have defects which might admit rain. Roof drainage shall be adequate to prevent rain water from causing dampness or deterioration in the walls or interior portion of the building. Roof water shall not be discharged in a manner that creates a nuisance to owners or occupants of adjacent premises, or that creates a public nuisance. 16.08.320 8. The basement hatchway door requires replacing and shall be kept in sound condition and repair. 16.08.310 9. The basement stairs require replacing and shall be adequate for safety as provided in the building code. Note: BUILDING PERMIT REQUIRED 16.08.370 10. The second floor stairs require finishing and shall be adequate for safety as provided in the building code. September 28,2009, A reinspection of this property will be conducted on or if you have the corrections made sooner than the thirty (30) days, please contact our office to arrange a reinspection. BE ADVISED THAT ONCE THIS BUILDING BECOMES VACANT, IT SHALL REMAIN VACANT UNTIL ALL VIOLATIONS LISTED ON THIS ORDER HAVE BEEN CORRECTED. I want to make you aware that failure to comply with this Order to Correct could result in legal action being taken against you, and a forfeiture of not less than $25 nor more than $500 together with the cost of prosecution for each violation, and each day that such violation is permitted to continue constitutes a separate offense. (COJ General Ordinance 16.08.210) The findings of inspection contained herein are intended to report conditions of non-compliance with code standards that are readily apparent at the time of inspection. The inspection does not involve a detailed examination of the mechanical systems or the closed structural and non structural elements of the building and premises. No warranty of the operation, use, or durability of equipment and materials not specifically cited herein is expressed or implied. If you have any questions about these violations, please contact our office at (608)755-3173. Thank you for your anticipated cooperation in resolving this matter. Sincerely, _________________________________________ Timothy Gorman, Property Maintenance Specialist NEIGHBORHOOD SERVICES City of Janesville Economic Development Department Memorandum April 12, 2010 TO: City Council FROM: Vic Grassman, Economic Development Director SUBJECT: Action on a Proposed Resolution Supporting an Independent Study of Wisconsin’s Business Climate and Economic Development Competitiveness Relative to Other States (File Res. No. 2010-688) Executive Summary This resolution is to show non-financial support in the development and implementation of a non-partisan study analyzing Wisconsin’s economic development competiveness to encourage business growth and to attract new companies. It will also provide recommendations as to how Wisconsin can improve its business climate. Sponsored by three organizations, the Wisconsin Economic Development Association, Competitive Wisconsin and the Wisconsin Counties Association, these results will hopefully provide a benchmark and guide line for future discussions about economic development by political leaders and candidates for public office. The study should be completed in May or June 2010. Economic Development Director’s Recommendation: I recommend that this resolution be adopted for the following reasons: ? Upon adoption, the City of Janesville will be listed in the final written report as a community that supports this effort and subsequent discussions concerning any recommendations. ? I believe this is one more opportunity to show that Janesville is a pro- active business community vitally interested in Wisconsin’s economic development future and the resulting local impacts. City Manager’s Recommendation: I am supportive of the stated goals of the study. Background During the fall, 2009, three state wide organizations, the Wisconsin Economic Development Association, Competitive Wisconsin and the Wisconsin Counties Association agreed on a partnership to create a long-range economic development strategy for Wisconsin. The agreement was made to hire a third- party organization to do an analysis of Wisconsin’s overall regional, national and global economic development competitiveness. This analysis would offer recommendations to align and advance local, regional and statewide economic development efforts. The study will build on previous economic development studies but more importantly make solid implementable program and policy recommendations to move Wisconsin forward. These recommendations will create the framework for a new statewide economic development plan. These three organizations have raised $300,000 to pay the selected consultant, Deloitte Touche. The results are expected in May or June with the hope that they will be the basis for future candidate discussions prior to the fall elections. Upon completion of the plan, these organizations will be holding six meetings throughout the state to explain the results and hopefully start subsequent conversations. These groups are also in the process of raising an additional $200,000 for implementation of this plan. cc: Eric Levitt Jacob Winzenz RESOLUTION NO. 2010-688 A Resolution Supporting An Independent Study of Wisconsin’s Economic Development Competitiveness and Positioning, Conducted By the Wisconsin Economic Development Association (WEDA), Competitive Wisconsin, Inc. (CWI), the Wisconsin Counties Association (WCA), and Wisconsin Economic Development Institute (WEDI) WHEREAS, the Wisconsin Economic Development Association (WEDA), Competitive Wisconsin, Inc. (CWI), the Wisconsin Counties Association (WCA), and Wisconsin Economic Development Institute (WEDI) are all Wisconsin-based statewide organizations which have agreed to collaboratively conduct a research project that examines Wisconsin’s overall regional, national, and global economic development competitiveness and positioning; and, WHEREAS, the Wisconsin Economic Development Competitiveness and Positioning Study will analyze Wisconsin’s capacity to retain and expand existing businesses, and attract new business investment in a changing economic climate; and, WHEREAS, the Wisconsin Economic Development Competitiveness and Positioning Study will offer program and policy recommendations to align and advance local, regional, and statewide economic development efforts in Wisconsin; and, WHEREAS, the Wisconsin Economic Development Competitiveness and Positioning Study will create the framework for a new, bold statewide economic development plan; and, WHEREAS, the Wisconsin Economic Development Competitiveness and Positioning Study will be prepared by an independent third-party consulting firm with significant national experience in economic development policy, planning, siting, recruiting, expansion, innovation, industry clusters, and comparative market analysis; and, WHEREAS, the Wisconsin Economic Development Competitiveness and Positioning Study will be publicly released and presented in numerous venues throughout Wisconsin in Spring 2010; and, WHEREAS, WEDA, CWI, WCA, and WEDI have requested support for the Wisconsin Economic Development Competitiveness and Positioning Study from organizations and governmental agencies interested in supporting economic development; and, WHEREAS, the Common Council of the City of Janesville wishes to support economic development initiatives which result in improved economic conditions and business growth throughout the State of Wisconsin; and, WHEREAS, the Common Council of the City of Janesville authorizes this resolution in lieu of financial support to WEDA, CWI, WCA, and WEDI in pursuit of this initiative. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville that it hereby supports and endorses preparation of the Wisconsin Economic Development Competitiveness and Positioning Study, conducted by the Wisconsin Economic Development Association (WEDA), Competitive Wisconsin, Inc. (CWI), the Wisconsin Counties Association (WCA), and Wisconsin Economic Development Institute (WEDI). 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: Economic Development Director Prepared by: Assistant City Attorney