Full Agenda Packet CITY OF JANESVILLE
CITY COUNCIL MEETING AGENDA
MONDAY, April 26, 2010
7:00 P.M.
1. Call to Order and Pledge of Allegiance.
2. Roll Call.
3. Minutes of City Council meetings: “C”
A.Regular meeting of April 12, 2010.
B.Special meeting minutes of April 20, 2010.
4. Licenses; and Recommendations of the Alcohol License Advisory
Committee. (Refer to separate agenda.) “C”
5. Financial statement for the month of March, 2010. “C”
6. Special recognition: Action on a proposed resolution in commendation of
Richard Gilbertson’s service to the City of Janesville.
(File Res. No. 2010-687)
7. Action on a proposed resolution recognizing the week of May 16 as
“Emergency Medical Services Week”. (File Res. No. 2010-701)
8. Action on a proposed resolution recognizing the week of May 9 as “National
th
Police Week” and the day of May 15 as “Peace Officers Memorial Day”.
th
(File Res. No. 2010-702)
OLD BUSINESS
1. Requests and comments from the public regarding items on the Agenda not
requiring a public hearing.
-----------------------
“C” – This designation indicates an item that the City Council will take up
under a Consent Agenda.
City Council Agenda – April 26, 2010
Page 2
OLD BUSINESS (CONTINUED)
2. Second reading, public hearing and action on a proposed ordinance
amending Section 15.01.100(B) and various provisions of Section
18.36.070.2 (Historic Overlay District) of the Code of General Ordinances of
the City of Janesville. (File Ord. No. 2010-453)
NEW BUSINESS
1. Action on a financial gain request from the Wisconsin Chapter of the
Multiple Sclerosis Society for a 2010 Rock River MFS Walk on May 2, 2010
at Riverside Park.
2. Action on a resolution approving an agreement for tourism promotion and
development services between the City of Janesville and the Janesville Area
Convention and Visitors Bureau. (File Res. No. 2010-695)
3. Action on a proposed resolution authorizing the City Manager to execute a
lease with the Rock Aqua Jays Water Ski Club, Inc. for the operation of a
portion of Traxler Park. (File Res. No. 2010-696)
4. Action on a request to permanently waive the special event fee for the
Janesville Farmers Market.
5. Review and accept Lincoln-Tallman House Exterior Conditions Report and
Business Plan for 2010 to 2014.
6. Action on a proposed resolution authorizing the acquisition and demolition
of 410 North Pearl Street. (File Res. No. 2010-697)
7. Action on a proposed resolution authorizing the acquisition and
rehabilitation of 808 West Holmes Street. (File Res. No. 2010-698)
8. Motion to approve Council President recommended councilmember
committee appointments.
City Council Agenda – April 26, 2010
Page 3
NEW BUSINESS (CONTINUED)
9. Introduce, refer to Plan Commission and schedule a public hearing on a
proposed ordinance amending Section 15.01.100(B) and various provisions
of Section 18.36.070.2 (Historic Overlay District) of the Code of General
Ordinances of the City of Janesville. (Revised File Ord. No. 2010-453)
10. Requests and comments from the public on matters which can be affected
by Council action.
11. Matters not on the Agenda - schedule a study session for Milwaukee Street
traffic corridor (Wuthering Hills roundabout and bike trail crossing) and
neighborhood development efforts.
12. Motion to adjourn.
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
APRIL 12, 2010
VOL. 60
NO. 36
Regular meeting of the City Council of the City of Janesville held in the Municipal Building on
April 12, 2010. The meeting was called to order by Council President Truman at 7:00 PM. Boy
Scout Troop #539 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 22, 2010.
Licenses and Recommendations of the Alcohol License Advisory Committee.
Council President Truman stated that all items on the consent agenda would be approved if
there were no objections. There were none.
Council President Truman changed the Agenda order and the minutes reflect the order in which
each item was taken.
OLD BUSINESS
1. Requests and comments from the public regarding items on the agenda not requiring a public
hearing. Kurt Linck, 118 S. High St. and Burdette Erickson, 115 S. High St. spoke in favor of the
purchase of properties (NB #12 and #14). Ty Bollerud, P.O. Box 3112, spoke about hydro
opportunities in the City of Janesville. Andreah Briarmoon, 339 S. Locust St., opposed to the
th
demolition of properties in the 4 Ward including 907 McKinley St. (NB #14). Councilmember
Perrotto requested Ms. Briarmoon provide Councilmember McDonald with a list of names
affiliated with Habitat for Humanity that prefer rehabilitating homes instead of new construction.
2. A proposed final resolution for Public Works Projects (new sidewalk) included in Bid Schedule
“B”—2010 received its public hearing. Jeanne Smith, Principal of Harmony School, spoke in
favor of the resolution. Paul Denny, Pastor of County Avenue Church, requested that
pedestrians use the other side of the street for safety reasons. Matt Treinen, 220 N. Marion
Ave., Steve Peters, 1255 River Rd., Tom Frusher, 2706 Alexandria Pl., Jack Gullickson, 2640
Alexandria Pl., Pat McGuire, 1020 Marion Ave., Phil Pickering, 2420 Woodruff Blvd., Richard
Klossner, 3111 E. Rotamer Rd., Todd Galbrecht, 3129 E. Rotamer Rd., Nancy Krause, 104 N.
Marion Ave., Rebecca Shurman, 2412 W. State St., Michael Limke, 2324 W. State St., Marilyn
Line, 800 N. Marion Ave., Pat Krause, 816 N. Marion Ave., Vicki Briggs, 1038 Marion Ave.,
Andrew Owens, 432 Waveland Rd., Michelle Derubeis, 406 Waveland Rd., Jean Wickingson,
442 Waveland Rd., Matt Diehls, 2710 W. State St., Ross Jacobson, 2607 W. State St., Darcy
Fugate, 848 Marion Ave., Michael Derubeis, 406 Waveland Rd., Pam Galbrecht, 3129 E.
Rotamer Rd., Deanna Pickering, 2420 Woodruff Blvd., Andreah Briarmoon, 339 S. Locust St.,
Mary Klund, 2407 Linden Ave., and Pat Brosnan, 2508 W. State St., opposed the resolution.
The public hearing was closed.
Council President Truman moved to not adopt said final resolution, seconded by
Councilmember Voskuil and failed by the following vote: Aye: Truman and Voskuil. Nay:
Brunner, McDonald, Perrotto, Rashkin, and Steeber. Councilmember Steeber moved to adopt
said resolution on an individual basis by item, seconded by Councilmember McDonald.
(1) Northside E. Rotamer Rd. from Tanglewood Dr. to 150’ W. of Castlemoor Dr.; passed
by the following vote: Aye: Brunner, McDonald, Rashkin, and Steeber. Nay: Perrotto, Truman,
and Voskuil.
(2) Northside E. Rotamer Rd. from 440’ W. of Norhtington Dr. to 375’ W. of N. Wright Rd.;
passed by the following vote: Aye: Brunner, McDonald, Rashkin, and Steeber. Nay: Perrotto,
Truman, and Voskuil.
(3) Eastside Waveland Rd. from Bond Pl. to Mineral Point Ave.; failed by the following
vote: Aye: Brunner and Steeber. Nay: McDonald, Perrotto, Rashkin, and Voskuil. Pass:
Truman.
(4) Northside W. State St. from River Rd. to 400’ E. of River Rd.; failed by the following
vote: Aye: Brunner, McDonald, Perrotto, Rashkin, Truman, and Voskuil. Nay: Steeber.
(5) Northside W. State St. from 140’ W. of Crosby Ave. to S. Willard Ave.; failed by the
following vote: Aye: Brunner and Steeber. Nay: McDonald, Perrotto, Rashkin Truman, and
Voskuil.
(6) Eastside Marion Ave. from Wall St. to Bond Pl.; failed unanimously.
(7) Eastside N. Marion Ave. from Highland Ave. to W. Memorial Dr.; failed by the
following vote: Aye: Brunner, McDonald, and Steeber. Nay: Perrotto, Rashkin, Truman, and
Voskuil.
(8) Southside W. Burbank Ave. from 475’ W. of S. Jackson St. to S. Jackson St.; failed by
the following vote: Aye: Brunner, McDonald, and Steeber. Nay: Perrotto, Rashkin, Truman,
and Voskuil.
(9) Eastside Sunset Dr. from Bond Pl. to 150’ S. of Alexandria Pl.; passed by the
following vote: Aye: Brunner, McDonald, Rashkin, Steeber. Nay: Perrotto, Truman, and
Voskuil.
(10) Northside Alexandria Pl. from Sunset Dr. to 300’ W. of N. Crosby Ave.; failed by the
following vote: Aye: Brunner and Steeber. Nay: McDonald, Perrotto, Rashkin Truman, and
Voskuil.
(11) Southside Alexandria Pl. from 100’ E. of Sunset Dr. to N. Crosby Ave.; failed by the
following vote: Aye: Brunner, Steeber, and McDonald. Nay: Truman, Perrotto, Rashkin, and
Voskuil.
Councilmember Steeber moved to adopt items 1, 2, and 9, seconded by Councilmember
McDonald. Motion withdrawn. Councilmember Rashkin moved to delete item 9, seconded by
Councilmember Steeber and passed by the following vote: Aye: Brunner, Perrotto, Rashkin,
Steeber, Truman, Voskuil. Nay: McDonald. Councilmember Steeber moved to adopt items 1
and 2, seconded by Councilmember McDonald and passed by the following vote: Aye:
Brunner, McDonald, Rashkin, Steeber. Nay: Perrotto, Truman, and Voskuil. (File Res. No.
2010-680)
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. Dale Hicks, Janesville Area Rental Association President, and
John Fisher, State Rental Association President, presented the certificates. Councilmember
Rashkin complimented the participants. Margaret Delaney, representing Neighborhood Action
Team, thanked Dale and Trudy Hicks and congratulated the participants. No Council action
taken.
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 S. Wright Rd.
Councilmember Steeber moved to adopt the revised resolution which changed the name to
GHC Specialty Brands, LLC, a wholly owned subsidiary of W.W. Grainger, Inc, seconded by
Councilmember McDonald and passed unanimously. (File Rev. Res. No. 2010-689)
OLD BUSINESS
3. Award of Contracts C2010-5 (new and replacement sidewalk) for Public Works Bid Schedule
“B”—2010. Councilmember Steeber moved to award said contract to J.B. Johnson Bros., LLC,
of Edgerton, WI based on per unit pricing. The motion was seconded by Councilmember
Rashkin and passed by the following vote: Aye: Brunner, Perrotto, Rashkin, and Steeber. Nay:
McDonald, Truman, and Voskuil.
4. A proposed resolution vacating undeveloped portions of Riverside Street, Mill Street, S. Pine
Street, and S. Walnut Street, received its second reading and public hearing. Eric Thoresen,
Engineering Manager, Evonik-Goldschmidt Corporation spoke in favor of said resolution. The
public hearing was closed. Councilmember McDonald moved to adopt said resolution,
seconded by Council President Truman and passed unanimously. (File Res. No. 2010-677)
NEW BUSINESS
2. Presentation on mural project. Christine Moore, representing Janesville Design and
Development Center, explained the downtown mural project and presented poster sized replicas
of the murals to Council President Truman. A fourth mural is proposed recognizing Women’s
History later this year. No action taken.
9. Action on a proposed resolution declaring certain public property along Mill Street as surplus
and authorizing its conveyance to Evonik-Goldschmidt Corporation. Councilmember Voskuil
moved to adopt said resolution, seconded by Councilmember Steeber and passed unanimously.
(File Res. No. 2010-690)
8. Review and approval of an economic development grant to Sidekicks Saloon at 3502 Milton
Avenue. Councilmember Voskuil moved to approve an economic development grant in the
amount of $10,000 to Sidekicks Saloon, seconded by Councilmember Steeber and passed by
the following vote: Aye: Brunner, Perrotto, Rashkin, Steeber, Truman and Voskuil. Nay:
McDonald.
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. Councilmember Steeber
moved to adopt said resolution, seconded by Councilmember Voskuil and passed unanimously.
(File Res. No. 2010-686)
3. Discussion and action on location of proposed skate park. Ty Bollerud, P.O. Box 3112,
Margaret Delaney, representing the Neighborhood Action Team, Chris Cass, 470 Mohawk Rd.,
spoke in favor of the Monterey Park site for the skate park. Al Draeger, 4711 S. County Trk G,
stated that the Monterey Park site may be problematic because of goose droppings and water
issues. Becky Bicha, Principal of Wilson Elementary School, stated that the negatives of the
Monterey Park site outweigh the positives. Roger and Fern Streich, 79 S. Huron Dr., stated that
they preferred the Palmer Park site but this site was better than nothing. Andreah Briarmoon,
339 S. Locust St., opposed the Monterey Park site and suggested the batting cage site. Karl
Dommerhausen, 215 W. Court St., stated his support for a skate park in the community.
Councilmember Steeber made a motion to reject the Monterey Park site, seconded by
Councilmember McDonald and failed by the following vote: Aye: McDonald and Steeber. Nay:
Brunner, Perrotto, Rashkin, Truman, and Voskuil. Councilmember Voskuil moved to have the
proposed skate park tentatively located at the Monterey Park site and have it reviewed for
feasibility by the Engineering Department and Plan Commission, seconded by Councilmember
Rashkin, and passed by the following vote: Aye: Brunner, Perrotto, Rashkin, Truman, and
Voskuil. Nay: McDonald and Steeber.
Councilmembers Perrotto and Steeber left the Council table.
5. Action on a proposed resolution authorizing the City Manager to execute a lease with the
Janesville Area Convention and Visitors Bureau for the operation of a portion of the Palmer Park
East Pavilion. Councilmember Voskuil moved to adopt said resolution, seconded by
Councilmember Brunner and passed by the following vote: Aye: Brunner, McDonald, Rashkin,
Truman, and Voskuil. (File Res. No. 2010-693)
Councilmembers Perrotto and Steeber returned to the table.
6. Motion to approve City Manager and Council President recommended citizen committee
appointments. Councilmember Rashkin moved to approve the citizen committee appointments
as recommended, seconded by Councilmember Steeber and passed unanimously.
Councilmember McDonald requested that the Nominating Committee be appointed by the
Council.
10. Action on a request from Q&N Farms to extend deferral of special assessments from 5
years to 10 years. Councilmember Steeber moved to approve a request from Q&N Farms to
extend deferral of special assessments from 5 years to 10 years, seconded by Councilmember
Rashkin and passed unanimously.
11. Action on a proposed resolution supporting an independent study of Wisconsin’s business
climate and economic development competitiveness relative to other States. Councilmember
Voskuil moved to adopt said resolution, seconded by Councilmember Rashkin and passed by
the following vote: Aye: Brunner, Perrotto, Rashkin, Steeber, Truman, and Voskuil. Nay:
McDonald. (File Res. No. 2010-688)
12. Action on a proposed resolution approving the acquisition and rehabilitation of property at
416 S. Jackson Street under the Neighborhood Stabilization Program. Councilmember Voskuil
moved to adopt said resolution including the address correction from 159 Cherry St. to 416 S.
Jackson St., seconded by Councilmember Steeber and passed unanimously. (File Res. No.
2010-682)
14. Action on a proposed resolution authorizing the acquisition and demolition of real property
located at 907 McKinley Street. Councilmember Steeber moved to adopt said resolution,
seconded by Councilmember Voskuil and passed unanimously. (File Res. No. 2010-694)
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.
Councilmember McDonald moved to adopt said resolution, seconded by Councilmember
Voskuil and passed unanimously. (File Res. No. 2010-691)
15. Requests and comments from the public on matters which can be affected by Council
action. Ty Bollerud, P.O. Box 3117, commented that the City should look at new business
opportunities, suggested taxing marijuana sales, suggested raising funds for the bike trail; and
suggested bringing the Volt car to Janesville. Andreah Briarmoon, 339 S. Locust St., suggested
that citizens appointed to committees appear at the Council meeting and be recognized,
disagreed with the Janesville Gazette article stating that certain areas would be targeted for
nuisance violations, suggested a large item pickup in the old fourth ward.
16. Matters not on the agenda. Council President Truman scheduled an organizational meeting
for April 20, 2010 at 7:45 AM and a study session for Solid Waste for May 25, 2010 at 6:00 PM.
Councilmember Rashkin recognized the YWCA Women of Distinction; requested the agenda be
minimized when new sidewalks are discussed; thanked Bill Truman for being Council President.
Council President Truman stated his support for targeting areas with known nuisance violations;
complimented the Janesville Jets on a great season and bringing people to Janesville;
complimented the Friends of Riverside Park and wished them well in their future fundraising;
asked the Administration to look at a residential exterior lighting ordinance; and stated it was an
honor to serve as Council President. Councilmember Perrotto complimented the Police
Department for taking proactive action against gangs.
17. Councilmember Steeber moved 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,
seconded by Councilmember Truman and passed unanimously.
There being no further business, Council convened into closed session at 12:34 AM.
These minutes are not official until approved by the City Council.
Jean Ann Wulf
City Clerk-Treasurer
PROCEEDINGS OF THE CITY COUNCIL
CITY OF JANESVILLE, WISCONSIN
SPECIAL MEETING
April 20, 2010
VOL. 61
NO. 1
A special meeting of the City Council of the City of Janesville held in the Municipal Building on
April 20, 2010. The meeting was called to order by City Clerk-Treasurer Jean Wulf at 7:45 AM.
Present: Councilmembers Brunner, McDonald, Perrotto, Rashkin, Steeber, and Voskuil.
Absent: Council President Truman.
Reorganization of Council
The City Clerk-Treasurer called for nominations from the floor for City Council President.
Councilmember Steeber nominated Councilmember Voskuil as Council President, seconded by
Councilmember Rashkin. The City Clerk-Treasurer called for any other nominations three times
and received no further nominations. Nominations were closed and Councilmember Voskuil
was elected as Council President by the following vote: Aye: Brunner, McDonald, Perrotto,
Rashkin, and Steeber. Pass: Voskuil.
Council President Voskuil called for nominations from the floor for City Council Vice President.
Councilmember Brunner moved to nominate Councilmember McDonald as Council Vice
President. No second. Councilmember Steeber moved to nominate Councilmember Perrotto as
Council Vice President, seconded by Councilmember McDonald. Council President Voskuil
called for any other nominations three times and received no further nominations. Nominations
were closed and Councilmember Perrotto was elected Vice President by the following vote:
Aye: Brunner, McDonald, Rashkin, Steeber, and Voskuil. Pass: Perrotto.
Council President Voskuil established the new seating arrangement for the Council. Starting at
the President’s far left: Councilmembers Brunner, Truman, Rashkin, Perrotto, and Voskuil.
Starting from the President’s far right: Councilmembers McDonald and Steeber.
Matters not on the Agenda
There were none.
Councilmember Steeber moved to adjourn, seconded by Councilmember Brunner and passed
unanimously.
There being no further business, Council adjourned at 7:55 AM.
These minutes are not official until approved by City Council.
Jean Ann Wulf
City Clerk-Treasurer
JANESVILLE CITY COUNCIL
LICENSE AGENDA
4/26/2010
RECOMMENDED
A. ELECTRICIANS–ORIGINAL
th
Joseph J. Kloskey 3154 S. 18 Street, Milwaukee, WI
Kyle P. McGraw 6330 Alison Lane, Madison, WI
Timothy A. Stevenson PO BOX 201, Milton, WI
Edward Williams 3481 T.K. Lane, Delavan, WI
B. SIGN ERECTOR–ORIGINAL
SKELLY MASONRY LLC 1217 Brown Dr., Milton, WI
ACCOUNTING DIVISION MEMORANDUM
April 16, 2010
TO: City Council
FROM: Patty Lynch, Comptroller
SUBJECT: Financial Statement for the Month of March 2010
The City prepares its Financial Statements in accordance with generally accepted
accounting principals using the modified accrual method of accounting and is audited
annually by Baker Tilly Virchow Krause, LLP. We prepare interim financial statements for
the Council’s review on a monthly basis. Division and Department Heads are responsible
for monetary expenditures to ensure budget compliance. Revenues and expenditures are
projected to year-end in June and September.
Key operating funds include the General Fund, Water and Wastewater Utilities, and
Sanitation Fund. A summary of their performance to budget, as compared a three-year
average, is presented in the following graphs.
EXPENDITURE SUMMARY
The graph below indicates expenditures are being made according to budget.
Year-To-Date March ExpendituresCompared to Three-Year Average
Current YTD
3 Yr. Avg.
35%
30%
Percent of Total Budget
25%
20%
15%
10%
5%
0%
General FundWater -Wastewater -
OperatingOperatingSanitation
March 2010 Financial Statement
April 16, 2010 Page 2
REVENUE SUMMARY
The graph below indicates revenue has been earned as anticipated, although the
Sanitation fund continues to lag compared to it’s budgeted revenue.
Year-To-Date March RevenuesCompared to Three-Year Average
Current YTD
3 Yr. Avg.
45%
40%
Percent of Total Budget
35%
30%
25%
20%
15%
10%
5%
0%
General FundWaterWastewaterSanitation
Other items of interest in the Financial Statement are as follows:
Proprietary Funds (page 4)
?
The Stormwater Utility has a deficit operating cash balance of $502,916 at March 31,
2010. This is because revenue is billed on a quarterly basis (approximately $518,000)
after expenditures have been made.
?
Transit reports a negative cash balance of $534,924 due to the timing of grant
reimbursements.
Special Revenue Fund Balance (page 5)
?
The Golf Courses fund has a negative fund balance of $69,982. This is due to the
January transfer of its debt service payment ($53,803) to the debt service fund.
?
TIF 3 has a positive balance of $244,631. The positive balance will be used to repay
the general fund advance plus accrued interest.
?
At March 31, 2010, the TIF districts have a combined deficit fund balance of $694,909.
However, TIF projections indicate the districts will reach a positive fund balance before
they expire.
?
Landfill long-term care of site #3023 ($79,249) will be reimbursed by an insurance
March 2010 Financial Statement
April 16, 2010 Page 3
policy we have in place for post closure care.
Capital Projects Fund (page 6)
?
The City incurred expenditures in conjunction with road projects on Highway 11 from
Wright Road to Highway 14 ($186,799). These costs will be funded with future special
assessments or General Obligation note issue.
General Fund (page 7-10)
?
Snow removal budget has an unexpended balance of $404,339 at March 31, 2010
compared to an unexpended balance of $191,662 at March 31, 2009.
A representative of the Administrative Services Department will be available at the Council
Meeting on April 26, 2010 to respond to any questions Council may have relative to these
reports. Once Council is satisfied, acceptance of the Financial Statement by consent and
placing them on file would be in order.
/Attachments
cc: Jacob J, Winzenz, Director of Administrative Services/Assistant City Manager
Eric J. Levitt, City Manager
HUMAN RESOURCES DIVISION MEMORANDUM
April 6, 2010
TO: City Council
FROM: Susan Musick, Human Resources Director
SUBJECT: Retirement Recognition Richard N. Gilbertson
Executive Summary
At the City Council meeting of April 26, 2010, the following retirement
commendation will be considered under the consent agenda:
1. Richard N. Gilbertson for twenty-nine years of service with the City of
Janesville (File Resolution Number 2010-687).
?
Richard will be attending the April 26, 2010 Council meeting.
?
Richard began working for the City of Janesville on February 16, 1981,
as an Operator Trainee in the Wastewater Utility. He has held several
classes of Wastewater Treatment Operator, retiring as a Wastewater
Treatment Operator III.
?
Richard’s retirement date is May 3, 2010.
Recommendation
Staff recommends adoption of File Resolution 2010-687.
1
RESOLUTION NO. 2010-687
Whereas,
Richard N. Gilbertson is retiring from City of Janesville
employment after having diligently served the people of the City of Janesville and the
community for twenty-nine years; retiring as a WWTP Operator III with the City of
Janesville Wastewater Utility; and
Whereas,
during Richard N. Gilbertson employment with the City of
Janesville, he provided exemplary professional service and demonstrated conscientious
devotion to the duties of his position, which he performed with competence, sincerity,
honesty, and dedication; and
Whereas,
it is desired that such commendable service to the City of
Janesville be properly recognized;
Now, Therefore, Be It Resolved
that the people of the City of Janesville,
through the City Council, do express their grateful appreciation to Richard N. Gilbertson
for his twenty-nine years of loyal public service.
th
Dated this 26 day of April, 2010.
ADOPTED: Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
McDonald
Eric J. Levitt, City Manager
Perrotto
Rashkin
ATTEST:
Steeber
Truman
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by: Human Resources
Prepared by: Human Resources
FIRE DEPARTMENT MEMORANDUM
April 12, 2010
TO: City Council
FROM: Gerry Luiting, Deputy Fire Chief
SUBJECT: Action on a proposed resolution recognizing the week of May 16th as
“Emergency Medical Services Week” (File Resolution No. 2010-701)
The Fire Department has prepared a resolution recognizing the service and dedication
of Janesville Fire Department Emergency Medical Technicians and Paramedics by
observing the week of May 16-22, 2010 as “Emergency Medical Services Week”.
The purpose of Emergency Medical Services Week is to bring local communities and
medical personnel together to publicize safety and honor the dedication of those who
provide the day-to-day lifesaving services of medicine's "front line." To celebrate this
week, the Fire Department is bringing forward a resolution for Council consideration
declaring May 16-22, 2010 “Emergency Medical Services Week” in Janesville.
The City of Janesville Fire Department includes 90 firefighters who are Emergency
Medical Technicians or Paramedics. To honor these men and women, Resolution 2010-
701 states the City Council’s intent to observe the week of May 16-22, 2010 as
“Emergency Medical Services Week”.
Lieutenant/Paramedic Matthew Simpson, President of Janesville Firefighters Local 580,
will be present and will represent the Janesville Fire Department at the City Council
meeting in order to accept this recognition.
Recommendation
The Fire Department recommends that the City Council adopt Resolution 2010-701
recognizing the week of May 16-22, 2010 as “Emergency Medical Services Week”.
CC: Eric Levitt, City Manager
Jacob J. Winzenz, Director of Administrative Services/ Assistant City Manager
Larry Grorud, Fire Chief
RESOLUTION NO. 2010-701
A Resolution Recognizing the Week of May 16-22, 2010, as Emergency Medical Services
Week.
WHEREAS
, Emergency Medical Services is a vital public service; and
WHEREAS
, the members of emergency medical services teams are ready to provide lifesaving
care to those in need 24 hours a day, seven days a week; and
WHEREAS
, access to quality emergency care dramatically improves the survival and recovery
rate of those who experience sudden illness or injury; and
WHEREAS
, the emergency medical technicians and paramedics are the first responders of
emergency medical services system; and
WHEREAS
, the members of emergency medical services teams engage in thousands of hours
of specialized training and continuing education to enhance their lifesaving skills; and
WHEREAS
, it is appropriate to recognize the value and the accomplishments of emergency
medical services providers in Janesville by designating Emergency Medical Services Week;
NOW, THEREFORE BE IT RESOLVEDby the Common Council of the City of Janesville
ththnd
on this 10 day of May 2010, that the week of May 16 to May 22be observed as “Emergency
Medical Services Week”, and call upon all Janesville citizens to especially honor and show our
appreciation for the City of Janesville Fire Department EMTs and Paramedics by deed, remark
and attitude.
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:
___________
CityWald Klimczyk, City Attorney
Proposed by: Councilmember Steeber
Councilmember Brunner
Prepared by: Fire Department Administration
POLICE DEPARTMENT MEMORANDUM
April 21, 2010
TO: City Council
FROM: David J. Moore, Chief of Police
th
SUBJECT: Action on a proposed resolution recognizing the week of May 9as
th
“National Police Week” and the day of May 15as “Peace Officers
Memorial Day” (File Res. No. 2010-702)
The Police Department has prepared a resolution recognizing the service and
dedication of Janesville Police Officers by observing the week of May 9-15, 2010 as
“National Police Week” and the day of May 15, 2010 as “Peace Officers Memorial Day”.
In 1962, the Congress of the United States of America enacted a resolution that allowed
th
the President of the United States to proclaim May 15 of each year as “Peace Officers
th
Memorial Day” and the calendar week of each year which May 15 occurs as “National
Police Week”. In 1994, the President of the United States signed public law directing
that flags of the United States be flown at half-staff on all government buildings on May
15. During this week and on the day of May 15, citizens are encouraged to recognize
the sacrifices and contributions of our police officers and to honor those men and
women that have fallen in the line of duty.
The Janesville Police Department includes 104 sworn officers. To honor these men
and women, Resolution 2010-702 states the City Council’s intent to observe the week of
May 9-15, 2010 as “Police Week” and the day of May 15 as “Peace Officers Memorial
th
Day”. Resolution 2010-702 also encourages flags to be flown at half-staff on May 15
in recognition of Peace Officers Memorial Day, honoring those men and women who
have lost their lives in the performance of their duties.
Officer O’Leary will be present and will represent the Janesville Professional Police
Association, Local 32 at the City Council meeting in order to accept this recognition.
Recommendation
The Police Department recommends the City Council adopt Resolution 2010-702
th th
recognizing the week of May 9as “National Police Week” and the day of May 15as
“Peace Officers Memorial Day”.
Cc: Eric Levitt, City Manager
Jay Winzenz, Director of Administrative Services
RESOLUTION NO.2010-702
th
A Resolution Recognizing the Week of May 9 as “National Police Week”
th
And the day of May 15 as “Peace Officers Memorial Day”
(File Resolution No. 2010-702)
th
WHEREAS
, The Congress of the United States of America has designated the week of May 9
th
to be dedicated as “National Police Week” and the day of May 15 each year to be “Peace
Officers’ Memorial Day”; and
WHEREAS
, Law Enforcement Officers are our guardians of life and property, defenders of the
individual right to be free, and dedicated to the preservation of life, liberty and justice; and
WHEREAS
, it is important that all citizens know and understand the duties, responsibilities,
hazards, and sacrifices of their law enforcement agency, and that members of our law
enforcement agency recognize their duty to serve the people by safeguarding life and property,
by protecting them against violence and disorder, and by protecting the innocent against
deception and the weak against oppression; and
WHEREAS
, the Janesville City Council desires to honor the valor, service and dedication of the
Police Officers that serve the City of Janesville.
NOW, THEREFORE BE IT RESOLVEDby the Common Council of the City of Janesville
ththth
on this 26 day of April 2010, that the week of May 9 to May 15be observed as “Police
Week”, and call upon all Janesville citizens to especially honor and show our appreciation for
the Police Officers of the City of Janesville by deed, remark and attitude; and
th
BE IT FURTHER RESOLVEDby the Common Council
that the day of May 15 be
proclaimed to be “Peace Officers’ Memorial Day” and that flags be flown at half-staff on this day
in honor of those men and women who have lost their lives in the performance of their duties,
while protecting their fellow citizens and communities.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
Eric J. Levitt, City Manager
McDonald
Perrotto
ATTEST:
Rashkin
Steeber
Jean Ann Wulf, City Clerk-Treasurer
Truman
Voskuil
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by: Council Members Brunner & Steeber
Prepared by: Chief David J. Moore
Community Development Department Memorandum
Date: April 26, 2010
TO: Janesville City Council
FROM: Bradley A. Cantrell, Community Development Director
SUBJECT: Second reading, public hearing and action on a proposed ordinance
amending Section 15.01.100(B) and various provisions of Section
18.36.070.2 (Historic Overlay District) of the Code of General Ordinances
of the City of Janesville (File Ordinance No. 2010-453).
_____________________________________________________________________
The Plan Commission held a public hearing and reviewed proposed Ordinance No.
2010-453 on April 5, 2010. Following testimony offered by those who spoke during the
public hearing and input provided by the Plan Commission in their review of the
Ordinance, Plan Commission instructed staff to prepare a Revised Ordinance that
would incorporate some of the suggestions offered by the Commission and public
during the meeting. Ordinance No. 2010-453 has been revised as recommended by
Plan Commission; however, the ordinance change is significant enough to require that it
be reintroduced by City Council and set for public hearing. Revised Ordinance No.
2010-453 is listed as separate item under New Business on this agenda.
A public hearing was originally scheduled for review of Ordinance No. 2010-453,
therefore it would be appropriate for the Council to open the public hearing, take any
comment offered, and then close the public hearing. No further action by the Council is
required following the public hearing since a Revised Ordinance is being introduced.
cc: Eric Levitt
Jacob J Winzenz
ORDINANCE NO. 2010-453
An ordinance amending JGO 15.01.100(B) and various provisions of JGO 18.36.070.2 (H-
Historic Overlay District) to now provide for appeals of Historic Commission decisions directly to
the Common Council, with other changes, with penalties and injunctive relief for violations
thereof, together with the cost of prosecution, all in the manner set forth in JGO 18.80.150 and
Chapter 18.28, respectively.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I.
Section 15.01.100(B) of the Code of General Ordinances of the City of
Janesville is hereby amended to read as follows:
(B) Historic Overlay District. In addition to the permits required for
alterations and changes which affect buildings, any structure included in any Historic Overlay
District shall be required to obtain a building permit for the installation of siding, and windows
and removal of original architectural details representative of an architecture style, a unique
design element, fixture or material; however, there shall be no permit fee required.
SECTION II.
Section 18.36.070.2.g.ii. of the Code of General Ordinances of the City of
Janesville is hereby amended to read as follows:
ii. Denial of Certificate
. If the hHistoric cCommission reviews an
application and finds it inconsistent with the criteria set forth in Section 18.36.070 B.2.g.iii, the
Commission may deny the application and refuse to issue a certificate of appropriateness. If
the Commission denies the application, then within three (3) business days of such decision,
written notice of the denial shall be sent, by regular mail, to the applicant. The Historic
Commission may refuse to grant a certificate of appropriateness for a period not to exceed six
months from the date of the original denial. Within thirty days after the end of the six month
period, the historic commission shall issue either a certificate of appropriateness or a statement
of waiver which shall be mailed, by regular mail, to the applicant.
I.
When the applicant for a permit for a proposed
construction, alteration, or demolition of an improvement within an historic district is denied a
certificate of appropriateness, the Historic Commission shall, at the request of the applicant,
assist the applicant in preparing an application for a certificate of appropriateness which shall
meet the standards and criteria of the Historic Commission, which shall comply with the
provisions of the historic overlay district plan, if any, and which shall comply with the provisions
of this section. If the applicant chooses to work with the Historic Commission and no mutually
agreeable method is determined and both parties appear to be deadlocked on the issue, the
applicant may appeal the Historic Commission’s decision to the Common Council, as provided
for in Section 18.36.070 B.2.i.
SECTION III.
Section 18.36.070.2.i. of the Code of General Ordinances of the City of
Janesville are hereby amended to read as follows:
i. Appeals.
i
. If the hHistoric cCommission denies a certificate of
appropriateness, the applicant may appeal such denial to the Common Council plan
commission.
ii.
An appeal of a denial of the hHistoric cCommission shall
be filed in writing with the Building Official the secretary of the plan commission within thirty
days of the mailing of the notice of denial to the applicant.
iii.
The plan commission may affirm, overrule or modify an
historic commission decision within thirty days of the receipt of the applicant's written appeal.
Failure of the plan commission to act upon an appeal of an historic commission decision within
such period of time shall constitute a denial of such appeal. Any owner whose property is
affected by a decision of the Historic Commission may appeal such decision to the Common
Council who, following a public hearing, may affirm, overrule, or modify an Historic Commission
decision within thirty (30) days of the receipt of
ORDINANCE NO. 2010-453
PAGE 2
the applicant’s written appeal. If the plan commission Common Council overrule or modify an
hHistoric cCommission decision, such plan commission Common Council decision shall have
an effective date fifteen (15) days from the date of the plan commission Common Council
decision. On such effective date, the hHistoric cCommission shall issue a statement of waiver.
iv
. Time periods tolled: The six-month time period, following a
denial of a certificate of appropriateness by the historic commission and during which a certificate
of appropriateness or statement of waiver may not be issued, shall be tolled during the pendency
of any appeal by the applicant.
SECTION IV.
Sections 18.36.070.2.j. and k. of the Code of General Ordinances of the City of
Janesville are hereby repealed:
j. Assistance by the Historic Commission
. When the applicant
for a permit for a proposed construction, alteration, or demolition of an improvement within an
historic district is denied a certificate of appropriateness, the historic commission shall, at the
request of the applicant, assist the applicant in preparing an application for a certificate of
appropriateness which shall meet the standards and criteria of the historic commission, which
shall comply with the provisions of the historic overlay district plan, if any, and which shall
comply with the provisions of this section. Such assistance may continue during the six-month
denial period. If no certificate of appropriateness has been granted to the applicant by the end
of such period, a statement of waiver shall be issued and the building official may issue a permit
as requested.
k. Failure Of Applicant to Attempt to Comply with Historic
Commission Criteria.
In the event the applicant makes no attempt to discuss with the historic
commission alternatives to save the subject property or to comply with historic commission
criteria for construction, alteration or demolition, the historic commission may appeal to the plan
commission for one additional stay of construction, reconstruction, alteration or demolition.
Such historic commission appeal shall be filed in writing with the secretary of the plan
commission prior to the expiration of the original six-month delay period and shall be acted on
by the plan commission within thirty days after receipt of the written appeal. The plan
commission may deny such appeal or grant such appeal for an additional delay period of not
more than six months. The burden of showing that the applicant has not attempted to discuss
alternatives with the historic commission shall be upon the historic commission. Upon expiration
of any additional delay period, the historic commission shall issue a statement of waiver and the
building official may issue the permit as requested.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
Eric J. Levitt, City Manager
McDonald
Perrotto
ATTEST:
Rashkin
Steeber
Jean Ann Wulf, City Clerk-Treasurer
Truman
Voskuil
APPROVED AS TO FORM:
___________________________
Wald Klimczyk, City Attorney
Proposed by: Janesville Historic Commission
Prepared by: Community Development Department
LEISURE SERVICES DEPARTMENT MEMORANDUM
April 16, 2010
MEMO TO: City Council
MEMO FROM: Bonnie Davis, Recreation Director
SUBJECT: Action on a Financial Gain Request from the Wisconsin Chapter of
the Multiple Sclerosis Society for a 2010 Rock River MS Walk
________________________________________________________________
Introduction
The Wisconsin Chapter of the National Multiple Sclerosis Society, a non-profit
organization has submitted an application requesting use of Riverside Park to conduct
the first ever 2010 Rock River MS Walk. The Walk will be conducted on May 2, 2010
with an estimated attendance of three hundred (300). Pledges will be accepted to raise
money for the chapter. According to Chapter 12.62, in section 12.62.020 of the
Janesville Municipal Code, the City Council must approve all first time special event
applications involving financial gain. Attached is a copy of the application and layout
map.
Staff Recommendation
Leisure Services has reviewed this application, and staff recommends that the City
Council approve the request from the Wisconsin Multiple Sclerosis Society to conduct
the 2010 Rock River Walk on May 2, 2010 at Riverside Park.
City Manager Recommendation
The City Manager concurs with Leisure Services Recommendation.
Suggested Motion
I move to approve the financial gain request from the Wisconsin Chapter of the Multiple
Sclerosis to conduct the first annual Rock River MS Walk.
Background
This MS Chapter has provided the Leisure Services Department with a completed
application, appropriate insurance documentation and a map of the walk. They have
also paid necessary fees.
Please contact me if you have questions or concerns about this event.
Attachments
cc: Eric Levitt, City Manager
Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services
Tom Malone, Management Analyst
CITY MANAGER’S OFFICE MEMORANDUM
April 12, 2009
TO: City Council
FROM:Rebecca Smith, Management Assistant
SUBJECT: Action on a Proposed Resolution Approving an Agreement for Tourism Promotion
and Development Services between the City of Janesville and the Janesville Area
Convention and Visitors Bureau – (File Resolution 2010-695)
Request
The City’s agreement with the Janesville Area Convention and Visitors Bureau (JACVB) for
tourism promotion services expires at the end of April and city staff and the JACVB request the
Council approve a motion to extend the agreement for another five years.
Staff Recommendation
Staff recommends the Council adopt File Resolution 2010-695 to approve an agreement for
tourism promotion and development services between the City of Janesville and the Janesville
Area Convention and Visitors Bureau.
City Manager Recommendation
The City Manager recommends approval.
Suggested Motion
I move the Council approve File Resolution 2010-695 to approve an agreement for tourism
promotion and development services between the City of Janesville and the Janesville Area
Convention and Visitors Bureau.
Background
In 2000, the City entered into an Agreement for Tourism Promotion and Development Services
with the Janesville Area Convention and Visitors Bureau (JACVB). This Agreement provided
the JACVB room tax revenues in return for the JACVB’s provision of “tourism” services for the
City. The original Agreement expired in 2005 and was renewed for another five years. The
current Agreement expires on April 30, 2010, and both parties concur to extend the Agreement
for another five years.
The new Agreement for Tourism Promotion and Development Services would cover the period
from May 1, 2010 through April 30, 2015, as attached. The new agreement follows the format
of the previous agreements with minor changes to update statutory references and changes in
the dates for financial reports. The JACVB asked that a financial audit be required only once
every three years; in the other years the JACVB would contract with the audit firm to perform a
“review” instead of an audit. A financial review is less costly than a full-scale audit; staff is in
agreement with this change and the City Comptroller has no concerns.
The JACVB Board has notified the City of its interest in renewing the Agreement. They have
provided summary information of JACVB activities, as attached.
Tax and Allocation Survey
Staff compiled information about the room tax percentages and allocation of room taxes, as
depicted. The room tax rate for the communities surveyed varies from 5.5-8%, with Janesville at
an 8% room tax rate. The allocation of the revenue varies greatly; some CVBs receive a very
high percentage of the revenue generated (75-100%) and some are on the lower side with 30%.
CVBs with higher allocation percentages may be responsible for services on behalf of the
municipality, such as administering special grant programs or planning community-wide events,
which may require a higher level of funding. The Janesville CVB receives 37.5% of the room tax
revenue that is generated. Revenue generated by the room tax varies greatly by community.
Some communities receive $1.4-2.1 million on the high side, to a lower amount of $350,000 -
430,000. Janesville is in the middle at about $680,000.
Janesville Area Convention and Visitors Bureau Survey
Wausau/Central
123
BeloitEau ClaireFond du LacJanesvilleWisc.Racine
Room Tax Rate Percentage
8%6-8%7%8%5.5-8%6-8%
100% of
City10.0%30-70%0.0%62.5%remaining 3-10-25%
Allocation of
5.5%
Room Tax
Revenue
100% of the first
CVB90.0%30-70%100.0%37.5%75-90%
2.5%
Money
2009$ 430,000 $ 2,100,000 $ 354,000$ 681,989$ 1,440,000$ 800,000
generated by
room tax levy
1
Represents Eau Claire and 4 other communities. Room tax and allocation percentages vary depending on
community.
2 Represents Wausau and 6 other communities. Room tax percentages vary depending on community. CVB receives
the first 2.5% of room tax revenue from each municipality.
3
Represents Racine and 3 other communities. Room tax and allocation percentages vary depending on community.
Analysis
Development of the community’s tourism resources is one component of a comprehensive
economic development strategy. The JACVB and the City of Janesville have a strong and
positive working relationship and staff supports the renewal of this agreement.
Attachments: File Resolution 2010-695, Agreement for Tourism Promotion and Development
Services, Summary of JACVB Activities
Resolution 2010-695
A Resolution Approving an Agreement for Tourism Promotion and Development Services between
the City of Janesville and the Janesville Area Convention and Visitors Bureau
WHEREAS, the Common Council of the City of Janesville adopted Ordinance 2000-11 on March 13,
2000, which sets a room tax levy and allocates a portion of the revenues produced therefrom to the
Janesville Area Convention and Visitors Bureau, Inc. (JACVB) for the purpose of tourism promotion and
development; and;
WHEREAS, Janesville General Ordinance 3.20.130 and Common Council in File Ordinance 2000-11 state
that the payment of their portion of the collected room tax revenues to the JACVB shall be made under the
terms of an agreement between the City of Janesville and the JACVB for the provision of tourism
promotion and development services, activities, promotions, and events; and
WHEREAS, the JACVB has been organized as a not-for-profit 501 (c)(3) private corporation whose
mission is to lead and support the development of the convention and tourism industry in the greater
Janesville area and to create a positive economic impact, thus enhancing the quality of life for area
residents; and
WHEREAS, the City and the JACVB have negotiated an Agreement for Tourism Promotion and
Development Services which Agreement is reiterated, attached hereto, and incorporated herein as if fully
set forth verbatim; and
WHEREAS, the Common Council of the City of Janesville hereby find that entering into the Agreement is
in the best interest of the City and of to the citizens, residents, and businesses of the City.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville that attached
Agreement for Tourism and Development Services with the Janesville Area Visitors and Convention
Bureau is approved; and further authorize the City Manager and/or his designee(s) to execute and enter
into the Agreement 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 and empowered to negotiate, draft, modify, amend, review,
execute, enter into, and file additional agreements, and to take whatever other actions as the
City Manager may determine, from time to time, necessary and/or desirable to effectuate the
intent of this Agreement and/or 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: City Manager’s Office
Prepared by: Management Assistant
Agreement for Tourism Promotion and Development Services
WHEREAS, the Common Council of the City of Janesville adopted Ordinance 2000-11 on
March 13, 2000, which sets a room tax levy and allocates a portion of the revenues produced
therefrom to the Janesville Area Convention and Visitors Bureau, Inc. (JACVB) for the purpose
of tourism promotion and development; and;
WHEREAS, Ordinance 2000-11 further states that the payment of room tax revenues to the
JACVB shall be made under the terms of an agreement between the City of Janesville and the
JACVB for the provision of tourism promotion and development services, activities, promotions,
and events; and
WHEREAS, the JACVB has been organized as a not-for-profit 501 (c)(3) private corporation
whose mission is to lead and support the development of the convention and tourism industry in
the greater Janesville area and to create a positive economic impact, thus enhancing the quality
of life for area residents; and
WHEREAS, the City of Janesville and the JACVB intend that the foregoing provisions are
contractual in nature and are not to be construed as mere recitals to this Agreement;
NOW, THEREFORE, IT IS AGREED by and between the City of Janesville, a Wisconsin
Municipal Corporation with its principal offices located at 18 N. Jackson St., City of Janesville,
County of Rock, Wisconsin, 53547-5005 (hereinafter “CITY”) and the Janesville Area
Convention and Visitors Bureau, Inc. a Wisconsin not-for-profit 501 (c)(3) private corporation,
with its principal offices located at 20 S. Main Street, Suite 17, City of Janesville, County of
Rock, Wisconsin, 53548 (hereinafter “JACVB”) as follows:
PURPOSE, ,
1. . The JACVBsolely as an independent contractor shall operate a tourism
,
promotion program provide related services for the City of Janesville, and shall provide
“tourism” services to and for the City of Janesville as that term is defined in Section
66.0615(1)(e), Wisconsin Statutes. The CITY shall allocate a portion of the room tax revenues
collected annually by the CITY to the JACVB as set forth in paragraph 4 below.
TERM
2. . The term of this Agreement shall be for five (5) years commencing on
May 1, 201005 and ending on April 30, 201510. This Agreement is not renewable, except on
such terms and conditions as the parties may then agree to in writing. In the event that the
JACVB desires to negotiate a renewal of this Agreement for another five (5) year period, it shall
deliver a notice of intent to renew this Agreement to the CITY no later than September 30,
201409.
EARLY TERMINATION.
3. Either party shall have the right to terminate this
Agreement without cause, upon six (6) months prior written notice to the other party. In the
event that a party has good cause for termination, it shall give written notice thereof to the other
party, who shall have fifteen (15) calendar days from the receipt of said notice to correct the
.
deficiency described in said noticeUpon failure to timely correct the defect or deficiency, the
Agreement may be terminated by the providing a written notice of termination delivered to the
other party.
COMPENSATION
4. . The CITY shall be solely responsible for the collection of all room
tax as permitted by Section 66.0615 of Wisconsin Statutes, as from time to time amended or
renumbered. The CITY shall allocate a portion of the annualroom tax collections to the JACVB
as set forth in the City of Janesville Room Tax Ordinance (ss. 3.20.020.B.) as amended or
renumbered from time to time. The allocation of room tax revenues to the JACVB shall be made
monthly, no later than 31 days after the conclusion of the month in which the room taxes were
collected.
REPORTS
5. .
st
a. The JACVB shall annually, on or before September 1, prepare and submit to the
City of Janesville Clerk-Treasurer a written Work Program and Annual Budget detailing work
objectives; proposed activities to implement the objectives; performance measures used to
evaluate results; and the proposed budget for the coming calendar year.
st
b. The JACVB shall annually, on or before May 1, prepare and submit to the City
Manager, an Annual Report summarizing work objectives for the previous calendar year,
activities undertaken to achieve objectives, results achieved, and a financial statement in a form
acceptable to the City of Janesville Administrative Services Director summarizing all JACVB
revenues and expenditures for the previous calendar year.
st
AUDITS
6. . The JACVB shall prepare and submit on or before May June 1 an annual
financial audit, consistent with acceptable accounting practices, if requested by to the City of
Janesville Finance DirectorComptroller once every three years. In the years where an audit is not
st
required, the JACVB shall prepare and submit on or before June 1 a financial review, consistent
with acceptable accounting practices.
OTHER FUNDING
7. . Nothing in this Agreement is intended to prohibit the
JACVB from seeking or receiving additional funding from sources other than the CITY.
INSURANCE.
8. The JACVB shall maintain all insurance coverage, such as general
liability, worker’s and unemployment compensation, directors and officials liability and other
insurance coverages necessary to carry out its duties under the terms of this Agreement. Copies
of current policies shall be included in the Annual Report identified in Paragraph 5 of this
Agreement.
INDEMNIFICATION.
9. The parties hereby release each other from all debts,
claims, demands, damages, actions and causes of action whatsoever, which may result from the
parties’ relationship under this Agreement, and further agree to hold each other free and harmless
from any claim for damages which may be made by reason of damage or injury to persons
arising from the respective party’s performance of its duties under this Agreement.
NATURE OF RELATIONSHIP.
10. The JACVB shall be deemed an independent
contractor and shall not indicate or imply that the CITY has any supervisory or other
employment control over the JACVB or the JACVB’s officials, officers, employees or agents,
except as outlined in this Agreement. Nothing in this Agreement shall constitute or be construed
to be or create a partnership or joint venture among the parties.
MEETINGS
11. . The JACVB will comply with Sections 19.84 and 19.85 of Wisconsin
Statutes, generally known as the “Open Meetings Law”.
MISCELLANEOUS.
12. This Agreement may not be assigned without the express
written consent of the other party. Such consent shall not be unreasonably withheld.
Notwithstanding any provision to the contrary, none of the obligations or benefits contained
within this Agreement shall run to or be enforceable by any party other than the parties to the
Agreement. This Agreement constitutes all of the agreements and understandings of whatever
nature or kind existing between the parties and shall not be changed or modified except in
writing and signed by the duly authorized agents of the parties. If any provision of this
Agreement shall become invalid or unenforceable, the remainder of this Agreement shall not be
affected thereby, and each and every remaining provision shall be valid and enforced to the
fullest extent permitted by law.
NOTICES.
13 Except as otherwise provided for in this Agreement, all notices shall be in
writing and shall be effective when delivered in person to the other party or if delivered by first
class mail, the next business day after the postmark thereof. Notices shall be delivered as
follows:
To the CITY: City Manager To the JACVB: Executive Director
City of Janesville JACVB
P.O. Box 5005 20 S. Main Street, Suite 17,
Janesville, WI 53547-5005 Janesville, WI 53548
Agreed to an accepted this ____ day of __________________, 2010.
CITY OF JANESVILLE Janesville Area Convention and
Visitors Bureau, Inc.
Eric J. Levitt, City Manager Chairperson
Jean A. Wulf, Clerk-Treasurer Secretary
CITY MANAGER’S OFFICE MEMORANDUM
April 16, 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 Rock Aqua Jays Water Ski Club, Inc. for the Operation of a
portion of Traxler Park (File Resolution #2010-696)
Summary
Traxler Park has been home to the Rock Aqua Jays since the team's inception in 1961. Their
lease has expired and they have asked to renew it for twenty years. Staff supports the
renewal of this lease.
Request
The Rock Aqua Jays requests the City renew their lease so that they may continue to operate
their water ski show activities at Traxler Park.
Recommendation
Staff recommends the City Council adopt File Resolution #2010-696 to authorize the City
Manager to execute an operating lease with the Rock Aqua Jays for a portion of Traxler Park.
City Manager Recommendation
The City Manager concurs with the staff recommendation.
Suggested Motion
I move the Council approve File Resolution #2010-696 to authorize the City Manager to
execute an operating lease with the Rock Aqua Jays for a portion of Traxler Park.
Lease Details
A 20-year lease with the Rock Aqua Jays has been negotiated commencing May 1, 2010 and
ending on April 30, 2030. The Aqua Jays may exercise their right to extend this lease
agreement for an additional twenty (20) years, thereby terminating on April 30, 2050.
Most of the lease details remain the same as prior lease updates, including requirements that
the Aqua Jays pay the utilities, generally maintain all structures and improvements within
their leased area and perform all ordinary maintenance. Four concepts were added to this
lease that may be of interest:
1. If major structural work or extraordinary maintenance or repair work is needed, the City
and the Aqua Jays shall discuss the work and decide how to apportion responsibility
for said work.
2. In the event of catastrophic flooding, defined as flooding equal to or greater than the
“100 year flood,” the City shall, at the discretion of the Janesville City Council, be
responsible for the repair or replacement of any structures on the leased premises. In
the event of catastrophic flooding, the City would likely become eligible for federal
disaster funding for remediation of the flooded area. If a local match was required to
receive this funding, the lease dictates the Aqua Jays would be responsible for
providing the local match. For the 2008 flood, the leased portion of Traxler Park was
not eligible for FEMA funding due to the lease language that was in place; this clause
should clarify the responsibilities of each party and would assist the leased area in
becoming FEMA-eligible if another disaster would strike this area.
3. The lease requires the Aqua Jays pay the City’s insurance claim deductible if they
make a claim against the City.
4. The Aqua Jays are required to work with the Parks Division to encourage recycling in
the park during their shows and practices.
Analysis
The Aqua Jays have a long history of providing free, family entertainment to Janesville
residents and visitors through their water ski shows at Traxler Park. Their special events,
such as tournaments, positively impact the local economy and their working relationship with
the City of Janesville is strong. Their lease 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 2010-696, Lease agreement, Lease agreement exhibits
2
Resolution # 2010-696
A Resolution Authorizing the City Manager to Execute a Lease with the Rock
Aqua Jays Water Ski Club, Inc. for the Operation of a portion of Traxler Park
WHEREAS, Traxler Park has been home of the Rock Aqua Jays Water Ski Club,
Inc. (“Aqua Jays”) since the team's inception in 1961; and
WHEREAS, the City is the owner of the land located in the City of Janesville,
Rock County, Wisconsin, known as Traxler Park, upon which is situated a building
known as the Aqua Jays’ Clubhouse, owned by the City; and
WHEREAS, the Aqua Jays, a non-profit organization, desires to lease and use a
portion of Traxler Park for twenty years for their water ski show activities; and
WHEREAS, the Aqua Jays and the City Administration have negotiated a
proposed twenty (20) year Lease for such purposes for the term commencing May 1,
2010 and running through and including the end date of April 30, 2030 and the Aqua
Jays by written notification may exercise their right to extend this lease agreement for
an additional twenty (20) years, thereby terminating on April 30, 2050; and
WHEREAS, the proposed Lease and all of its above and other terms, obligations,
and provisions are reiterated and incorporated by reference herein as if fully set
verbatim; and
WHEREAS, the Common Council hereby find that this Lease and its execution
by the City is in the best interest of and of benefit to the City of Janesville, the
community, its residents, businesses, as well as the surrounding area; and
WHEREAS, such Lease and its terms, conditions, obligations, and promises are
permitted by law and the Common Council are empowered to enter into such Lease,
pursuant to Wis. Stats. §§ 66.0101, 62.11(5), 62.22, and 62.23(17) (b), and other
pertinent Wisconsin Statutes.
NOW THEREFORE BE IT RESOLVED by the Common Council of the City of
Janesville that the Lease with the Aqua Jays is approved and authorized upon the
terms, conditions, obligations, provisions, and promises set forth above and therein as
proposed by the City Administration; and further, the City Manager and/or his
designee(s), on behalf of the City of Janesville, are authorized to execute and enter into
the Lease with the Aqua Jays for the operation of a portion of Traxler Park; and
BE IT FURTHER RESOLVED by the Common Council that the City Manager
and/or his designees are hereby authorized to negotiate, renew, amend, execute, and
enter into 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
LEASE AGREEMENT BETWEEN
THE CITY OF JANESVILLE AND
ROCK AQUA JAYS WATER SKI CLUB, INC.
CITY OF JANESVILLE
This LEASE AGREEMENT is made by and between the , a
CITYROCK AQUA
Wisconsin Municipal Corporation, hereinafter referred to as “”, and the
JAYS WATER SKI CLUB, INC.
, a Wisconsin non-profit corporation, hereinafter referred to
AQUA JAYS
as “”.
WHEREAS
, the City is the owner of the land located in the City of Janesville, Rock
County, Wisconsin, known as Traxler Park, upon which is situated a building known as the
Rock Aqua Jays’ Clubhouse, owned by the City; and
WHEREAS
, the Common Council of the City of Janesville finds that it is in the best
interest of the City and benefit to its residents to promote the use of these facilities; and
WHEREAS
, the City desires to lease this facility; and
WHEREAS
, the Aqua Jays desires to lease the facility from the City;
WHEREAS
, Traxler Park has been home of the Rock Aqua Jays since the team's
inception in 1961;
WHEREAS
, the Common Council of the City of Janesville has authorized the City
Manager and the City Clerk to execute an agreement with the Aqua Jays authorizing the
Aqua Jays to use the facility;
NOW, THEREFORE
, in consideration of the fulfillment of the obligations of the parties
IT IS MUTUALLY AGREED
hereinafter set forth, as follows:
1. Premises.
The City hereby permits the use of and leases and lets unto the
Aqua Jays for the term and upon the conditions hereinafter set forth, those premises in
Traxler Park situated in the City of Janesville, County of Rock, State of Wisconsin, as follows:
A. The City hereby permits exclusive use of the building known as the Rock
Aqua Jays’ Clubhouse in Traxler Park.
B. The City hereby permits non-exclusive use of park grounds immediately
surrounding the building described as: the area bounded by the asphalt road to the north and
east, a line from the south edge of the concrete area on the south end of the site extended
from the river to the asphalt road, and the Rock River to the west. Docks attached to the
property are included. The leased premises are shown on Exhibits A and B, which are
attached hereto and made a part of this Agreement.
C. In addition to the premises described in Paragraphs A and B, the City
also grants to the Aqua Jays for the term of this lease the non-exclusive riparian rights related
to the leased premises sufficient to enable the Aqua Jays to place a water ski jump in the
Rock River. If necessary, the Aqua Jays shall apply to the Department of Natural Resources
for a renewal of the existing permit for placement of said water ski jump. The City shall have
no obligation regarding the construction, maintenance, repair, or liability of said jump, nor
regarding the use of said jump by any person, whether authorized or unauthorized by Aqua
Jays; and the Aqua Jays hereby indemnify and hold harmless the City and each and every
one of the City’s elected and appointed officials, officers, employees, representatives, agents
and their successors from any and all such liability of whatsoever kind or nature. This
indemnification and this section shall survive this Agreement.
2. Term of the Lease Agreement.
The initial term of this lease shall be for
twenty (20) years, commencing May 1, 2010 and ending on April 30, 2030. The Aqua Jays
by written notification may exercise their right to extend this lease agreement for an additional
twenty (20) years, thereby terminating on April 30, 2050. Such notification shall occur not
less than sixty (60) days prior to the expiration of this Agreement. At such extension time the
parties may agree to update the lease if appropriate.
3. Use of Facility.
The City reserves the right of prior approval and use of the
outside grounds and spectator areas of the leased premises by special groups when the City
decides, from time to time, that such use is in the best interest of the public. Groups utilizing
the outside grounds under special City permits or permission shall be governed by the terms
of said permit or permission and such other reasonable terms and conditions as may be
imposed by the City, such as those which facilitate protection of the Aqua Jays’ personal
property.
4. Maintenance and Repairs.
A. Except as set forth in paragraphs B, C and D hereunder, Aqua Jays shall
throughout the term of this lease, at its own cost and without any expense to the City, keep
and maintain the premises, including all structures and improvements thereon of any kind, in
as good or better condition than said structures and improvements were in at the beginning of
the term of this lease, reasonable wear and tear excepted. All ordinary maintenance and
repair shall be carried out in a manner satisfactory to the City and shall be sufficient to ensure
the preservation of said property and to prevent the deterioration thereof. Examples of
ordinary maintenance include, but are not limited to: litter control, painting, and power
washing. Time herein is of the essence. If the Aqua Jays fail to keep the premises in a
reasonably clean condition, the City may notify the Aqua Jays in writing of such failure to
maintain the premises or keep the premises adequately clean. The Aqua Jays shall have
thirty (30) days in which to make necessary repairs or clean the premises or the City may
cause the premises to be cleaned or repaired and charge the cost thereof to the Aqua Jays
without the necessity for further notice or permission. The Aqua Jays shall make no outside
alterations, additions, or improvements to the leased premises or any significant alterations,
additions, or improvements to the inside of the Aqua Jays’ clubhouse unless prior written
approval has been obtained from the City. The City shall have the right to inspect the
premises at all times.
B. If major structural work or extraordinary maintenance or repair work is
needed, the City and the Aqua Jays shall discuss the work and decide how to apportion
responsibility for said work
C. In the event of catastrophic flooding, defined as flooding equal to or
greater than the “100 year flood,” the City shall, at the discretion of the Janesville City
Council, be responsible for the repair or replacement of any structures on the leased
premises, excluding docks and jump, which are damaged in such catastrophic floods. The
LESSEE
shall pay the local share, if any, required by federal authorities to receive federal
reimbursement for catastrophic damage. Aqua Jays shall be responsible for the repair or
replacement of its personal property, inventory, docks, jump and any equipment damaged in
such catastrophic floods.
Aqua JaysCITY
D. If the make a claim against any insurance policy, then
Aqua Jays
the shall pay the insurance claim deductible, if any. This provision does not
Aqua Jays’
create any right to or in said claim, however.
5. Concessions.
Aqua Jays are permitted to vend food concessions approved by
the Rock County Health Department providing such foods and beverages are dispensed in a
sanitary manner according to County, City and State laws. Aqua Jays are responsible for
applying for, obtaining, maintaining and paying for all licenses and permits and shall at all
times comply with all laws.
6. Insurance.
The Aqua Jays shall obtain and maintain at all times, solely at its
own expense, general liability insurance, including bodily injury coverage, of at least
$1,000,000 each occurrence and $1,000,000 aggregate, naming the City and Aqua Jays as
co-insured under the Aqua Jays’ policy. Such insurance shall cover all Aqua Jays’ activities
in and upon said leased premises and shall indemnify and save harmless the City and Aqua
Jays from and against all losses, costs (including attorney’s 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 which may arise from any act or omission
on or about the leased premises by the Aqua Jays. Upon request, the Aqua Jays shall
furnish the City with an insurance policy or certificate of insurance showing coverage as
herein required. Aqua Jays shall take such other actions as may be necessary for the
protection of the health, safety, and welfare of the public. The Aqua Jays’ insurance and
obligations hereunder shall survive this Lease Agreement.
7. Utility Charges.
The Aqua Jays shall pay all charges for utilities servicing the
leased premises. The City agrees to pay the cost for electricity utilized by the Aqua Jays or
their vendors for City approved special events.
8. Assignment and Subleasing.
Aqua Jays shall not mortgage, hypothecate,
pledge, convey, or otherwise encumber or assign the leasehold herein created; neither shall
Aqua Jays sublet or sublease the leased premises in whole or in part.
9. Compliance with Laws.
Aqua Jays shall, at all times, comply with all
applicable rules, regulations, laws, ordinances, statutes, and orders of any governmental unit,
authority, federal, state or local, lawfully exercising authority over the premises or over the
operations or activities of the Aqua Jays.
10. Miscellaneous.
A. Not withstanding this Agreement, the general public may make, and the
Aqua Jays shall permit, use of the surrounding area and facilities adjacent to the building
consistent with park rules and regulations governing such use. The Aqua Jays shall not use
the leased premises for financial gain other than water ski shows and related purposes
without the prior express permission of the City.
B. The restrooms located inside the Clubhouse are operated according to
rules established by the Aqua Jays and are not normally made available to the public.
C. Any improvements made to said property by the Aqua Jays shall become
part of the premises and, upon termination of this Agreement for any cause, belong to the
City.
D. The Aqua Jays shall not store any equipment outside the building with
the exception of the ski jump, which may be stored outside in the parking lot or the boat
launch area when not in the water, and the backdrop, which may be stored under the
bleachers during the skiing season.
E. The Aqua Jays may erect a sign advertising Rock Aqua Jay events at or
near the corner of Hyatt Street and N. Parker Drive. Size, design and placement shall be
subject to City approval and applicable City ordinances.
F. The Aqua Jays shall keep the clubhouse building and surrounding area
free of all equipment and litter and shall, immediately after each ski show, team practice or
other activity, clean the area and dispose of all non-yard or non-recyclable waste in a
dumpster provided to the Aqua Jays by the City. The Aqua Jays will pay the monthly
disposal costs of all Aqua Jays’ waste. The Aqua Jays shall maintain the dumpster enclosure
previously constructed by the Aqua Jays. The City will mow the grass and empty the trash
receptacles within the leased premises in its customary manner. No yard waste or recyclable
materials are permitted in any trash receptacles. The Aqua Jays shall promote recycling
when applicable in conformance with State laws and City ordinances. With the
implementation of recycling in Traxler Park in 2010, the Aqua Jays shall work with the Parks
Division to encourage recycling during Aqua Jays’ shows and practices.
G. The Aqua Jays are permitted to solicit donations from the ski show
spectators during their scheduled ski shows at Traxler Park.
11. Defaults.
If the Aqua Jays breach any of the covenants, promises, obligations,
conditions or agreements contained in this Lease Agreement, the City may notify the Aqua
Jays of such breach and give the Aqua Jays an opportunity to remedy the breach. If, after
the City gives notice, the breach continues for ten days, the City shall have the right solely at
its option to forthwith terminate this Lease Agreement and all rights of the Aqua Jays
hereunder. The City shall have the right to retake immediate possession of said property
upon such termination, in which event all surviving provisions specifically set forth in this
Lease Agreement shall survive and remain in full force and effect.
12. Termination of Lease Agreement.
This Agreement may be terminated at any
time upon mutual agreement of the parties.
13. Indemnification.
Aqua Jays shall and hereby does indemnify, save, and hold
harmless the City and each and every one of its elected and appointed officials, officers,
employees, representatives and agents and their successors from any and all liability,
damages, judgments, costs, fees and disbursements, awards, orders and payments including
but not limited to attorney fees, of whatsoever kind, nature or amount directly and/or indirectly
arising from Aqua Jays’ acts and/or omissions of whatsoever kind or nature and those of
each and every one of the Aqua Jays’ members, employees, officers, officials, guests,
invitees, permittees, representatives, agents, and all other persons authorized, occurring
upon or surrounding the above-described leased City property or the water ski jump placed
on the Rock River. This indemnification shall survive this Lease Agreement.
14.
By signing this Lease Agreement, the Aqua Jays’ President and Secretary
hereby attest and certify that they are duly authorized by the Aqua Jays to enter this Lease
Agreement on behalf of and so bind the Aqua Jays.
IN WITNESS WHEREOF,
the parties have hereunto set their hands and seals this _____ day
of ______________________, 2010.
CITY OF JANESVILEROCK AQUA JAYS WATER SKI CLUB, INC
: .:
____________________________ ____________________________________
Eric Levitt, City Manager Joel Shapiro, President
City of Janesville Rock Aqua Jays Water Ski Club, Inc.
____________________________ _________________________________
Jean Wulf, City Clerk Treasurer Barb Palmby, Corresponding Secretary
City of Janesville Rock Aqua Jays Water Ski Club, Inc.
APPROVED AS TO FORM:
________________________________
Waldemar Klimczyk, City Attorney
City of Janesville
êíùñ ûëçû òûãé åûè÷ê éñó ùðçú óîù
êûò éÈÛØÓÇÏ ÍÎ ÈÔ× êÍÙÑ êÓÆ×Ê ÛÈ èÊÛÄÐ×Ê ìÛÊÑ
éÈÛÊÈÓÎÕ
øÍÙÑ
êÍÙÑ êÓÆ×Ê
éÛÎØéÛÎØ
êÛÏÌ
éÈÛÕ×
õÊÛÉÉõÊÛÉÉ
éÓØ×ÅÛÐÑ ÙÍÎÙÊ×È× Ä
éÓØ×ÅÛÐÑ ÙÍÎÙÊ×È× Ä
éÑÓ×Ê ûÊ×Û
ÙÍÎÙÊ×È×
Ä
úÐ×ÛÙÔ×Ê
ùÍÎÙÊ×È× ìÛØ
ÊÍÅÉ
úÐ×ÛÙÔ×Ê
Ä
ÊÍÅÉ
Ä
ôÛÎØÓÙÛÌ
èÊ××
øÊÍÌí ûÊ×Û
ûÉÌÔÛÐÈ ûÊ×Û
òÇØÕ×É ûÊ×Û Ä
éÍÇÎØ úÍÍÈÔ
æÓØ×Í ìÐÛÈÖÍÊÏ
î÷å ùÍÎÙÊ×È×
ùÍÎÙÊ×È× ìÛØ
î÷å ùÍÎÙÊ×È×
éÓØ×ÅÛÐÑéÓØ×ÅÛÐÑ
êûò ùÐÇÚ ôÍÇÉ×
î÷å èÊ××
éÓØ×ÅÛÐÑ ÙÍÎÙÊ×È×
õÊÛÉÉ
õÊÛÉÉõÊÛÉÉ
õÊÛÉÉ
î÷å èÊ××
÷ÄÓÉÈÓÎÕ ûÎÙÔÍÊ
÷ÄÓÉÈÓÎÕ úÇÚÚÐ×Ê
î÷å ïÛÊÓÎ×
öÐÛÕÌÍÐ×
øÊÛÅÓÎÕ çÌØÛÈ×Ø
îÍÈ ÈÍ éÙÛÐ×
α½µ ߯«¿ Ö¿§
Ô»¿» ß®»¿
Û¨¸·¾·¬ þÞþ
Ì®¿¨´»® п®µ
ã Ô»¿» ß®»¿
ïòê ã
Ô»¿»¼ ß®»¿
ß°°®±¨·³¿¬»
ß½®»¿¹»
ɸ·¬» з²»
o
ðíðêðçðïîð
Ú»»¬
ï þ ã ïðð ù
É·½±²·²ù п®µ д¿½»
Ý·¬§ ±º Ö¿²»ª·´´»
Ý·¬§ ±º Ö¿²»ª·´´»
ÔÛ×ÍËÎÛ ÍÛÎÊ×ÝÛÍ
ÔÛ×ÍËÎÛ ÍÛÎÊ×ÝÛÍ
Ü¿¬»æ ïñïîñïð Þò Þ´«³»®ô д¿²²·²¹ Í»®ª·½»
ÍæÄЮ±¶»½¬ÄÔ»·«®»Í»®ª·½»Ä
α½µß¯«¿Ö¿§Ô»¿»ß®»¿ò³¨¼
LEISURE SERVICES DEPARTMENT MEMORANDUM
April 16, 2010
MEMO TO: City Council
MEMO FROM: Bonnie Davis, Recreation Director
SUBJECT: Action on a Request to Permanently Waive the Special Event Fee for
the Janesville Farmers Market
______________________________________________________________________
Summary
Janesville Farmers Market, Inc. has submitted a Special Event Application to conduct
the 2010 Farmers Market in downtown Janesville. The Market is scheduled to operate
annually from Mother’s Day week-end, second Saturday of May, through the last
Saturday in October in the same location as previous years. The Board of Directors has
requested that the City of Janesville waive the event fee for the 2010 and beyond. The
Board is also requesting that the City waive the $1,600 equipment fee for 2010 and
beyond. It is the Board’s belief that the event fee ($525) and the equipment rental fee of
($1,600) would be cost prohibitive in operating the market now or any time in the near
future.
Recommendation
Upon receipt of the Certificate of Liability Insurance, the Leisure Services Department
will approve the application for public event for the Market. The Department supports
the request to waive the $525 Special Event Fee, and would also recommend that we
continue to provide barricades, trash barrels and trash pick-up at no charge. The cost
would be approximately ($1,600).
Given the limited financial resources of Janesville Farmers Market, Inc. and the desire
of the City to support events that bring residents to downtown Janesville, it would be
appropriate to support the Market to the best of our ability. The Leisure Services
Department recommends the City Council support a motion to waive the Special Event
Fee of $525 and the equipment rental of $1,600 for the 2010 Farmers Market and
beyond. The Recreation Division also recommends that the Farmers Market Board
recognizes the City of Janesville as a “co-sponsor” at the highest level.
City Manager Recommendation
The City Manager supports the Recreation Division’s recommendation. I believe the
waiver should be for one year with an annual review unless the Council desires to
create a separate Resolution with a unique provision for the Farmer’s Market.
I also support the concept of in consideration of the waiver and equipment usage that
the City be listed as one of the major co-sponsors.
Suggested Motion
I move to waive the $525 Special Event Fee for the Janesville Farmer’s Market.
Background & Analysis
In 2005, the City executed an agreement with the Farmer’s Market Steering Committee
to co-sponsor the Janesville Farmer’s Market. The program was jointly conducted by
the two entities with a successful season ensuing. The intent of the City’s initial
involvement was to provide expertise and financial support until the Farmer’s Market
could become a viable entity and assume increased responsibility for operating and
financially supporting the activity.
In 2006, the Janesville Farmer’s Market Inc., made the decision to assume a more
significant role in planning and operating the Farmer’s Market. The Farmer’s Market
Steering Committee reorganized into Janesville Farmer’s Market, Inc. and hired a
Market Director who was responsible for day to day operations. The Department of
Leisure Services continued their support of the Market by hosting special events,
assisting with advertisement, and logistical/financial support in terms of set up,
barricade and trash barrel usage. In addition, the City Council waived the 2006 Special
Event Fee. The 2006 season was again successful and experienced continued growth.
In both the 2007 and 2008 seasons, the Market continued to be successful, providing
the majority of its own advertising and hosting all of the special events that were held
there. The City again assisted with barricade and trash barrel usage, as well as trash
pickup. The City Council again waived the special event fee of $525 and the equipment
rental fee in support of the Market.
The Leisure Services Department is now in receipt of the 2010 Special Event
Application and a letter from Randy Thompson, Chairman of the Janesville Farmer’s
Market, Inc. Board of Directors, requesting that the City waive the special event fee of
$525 and rental of equipment fee of $1,600 (see attached letter). The Market provides
their own liability insurance.
City of Janesville Administrative Policy regarding Special Events requires the payment
of fees at the time of application.
City Council support of the waiver request would ensure the continued operations of the
Janesville Farmer’s Market. Given the limited financial resources of Janesville Farmer’s
Market, Inc. and the desire of the City to support events that bring residents to
downtown Janesville, it would be appropriate to support the Market to the best of our
ability.
cc: Eric Levitt, City Manager
Jay Winzenz, Director of Admin. Services
Tom Malone, Management Analyst
Dan Davis, Deputy Chief of Police
2
Community Development Department Memorandum
Date: April 19, 2010
TO: Janesville City Council
FROM: Bradley A. Cantrell, Community Development Director
SUBJECT: Review and Accept Lincoln-Tallman House Exterior Conditions Report
and Business Plan for 2010 to 2014.
_____________________________________________________________________
In October, 2009, the City Manager appointed an Ad Hoc Committee to review the Lincoln
Tallman House Conditions Report which was prepared by Engberg Anderson. This report
was a detailed analysis of the exterior envelop of the Tallman House which prioritized
improvements and provided estimated costs. The Committee evaluated the recommended
improvements and in some cases recommended alternative improvement options,
reprioritized improvements and provided recommendations for funding alternatives. The
Committee was also charged with preparing a business plan for the Lincoln Tallman House
and grounds. The Committee divided their responsibilities into two groups; one group was
charged with preparing a report which addressed the structural improvements and facilities
plan and the other group was charged with preparing a programming and business plan.
The Ad Hoc Committee consisted of City Council members George Brunner and Russ
Steeber, City Manager Eric Levitt, Rock County Historical Society Board members Duke
Ellingson and Chuck Rydberg, the Rock County Historical Society Executive Director Joel
Van Haaften and other community members including Meredith Helgerson, Rich Gruber,
David Cullen, Lois Smith, Larry Barton, Jackie Wood, and Christine Rebout. In addition,
several city staff members assisted the committee including Al Hulick, Larry Buetzer and
myself. Since October, they have been meeting regularly on this effort and have prepared
the attached reports for City Council consideration.
For the April 26 City Council Meeting, Meredith Helgerson, Chairman of the Ad Hoc
Committee, will be presenting the conditions report and Rich Gruber, Vice Chairman of the
Ad Hoc Committee, will be presenting the programming and business plan. Following the
presentation, the Committee is requesting that the City Council accept the Committee’s
findings.
Suggested Motion
Following review and discussion of this item, the Ad Hoc Committee requests that the City
Council consider a motion to accept the Lincoln-Tallman House Exterior Conditions report
and Business Plan for 2010 to 2014.
cc: Eric Levitt
Jay Winzenz
Business Plan for 2010 to 2014
April 21, 2010
I. Executive Summary
The Lincoln-Tallman House has been referred to by many as Janesville’s jewel. The number, type and
quality of family artifacts and the beauty of the House can rarely be equaled by others from this period. In
2009, the firm Engberg Anderson provided the City of Janesville with an evaluation and assessment of
the exterior condition of the Lincoln-Tallman House. This report recommended not only a complete
exterior restoration of the structure, but suggested that programming for the facility be revisited.
Maintaining the status quo in relation to funding and use cannot sustain the Lincoln-Tallman House.
Revenue generated from visitors and funding provided by the City will not support continued operation of
the House and preventive maintenance repairs, much less the more extensive structural improvements.
The Ad Hoc Committee assigned to this project was given the task of preparing a Business Plan. As part
of that effort, recommendations on reprogramming use of the House and Grounds were made in order to
increase annual revenue and attendance. The Committee balanced the need to preserve the artifacts and
building fabric with the need to allow greater public access and increase revenue. To simply restore the
building without regard to its continued economic use would likely result in a repeat cycle of major repairs
in the future.
The primary goals of the Business Plan were to increase attendance to the Lincoln-Tallman House and
Grounds and to expand opportunities for public and private use of the House and Grounds. The Plan
proposes that the admissions can be increased by almost 40% over the 5 year plan period. This can be
accomplished by partnering with other attractions in the Janesville area and with a more aggressive
advertising, marketing and promotional package for the House. The Committee recommends that a
portion of the House be available to rent for small business meetings, weddings, and other receptions to
increase revenue, broaden the potential donor list and generate community interest. In addition, it is
recommended that the Carriage Barn be renovated and that a prep kitchen be incorporated into the plan
in order to facilitate catered rentals in the House and on the Grounds. Revenue generated from rental
activities is projected to net $14,000 annually. The Committee also recommends that a greater number of
events be conducted in the House and hosted on the Grounds which could conservatively generate
$65,000 annually. In order to accomplish these efforts, it is recommended that an individual be hired on a
part-time basis to coordinate events, program use of the House and pursue philanthropic grant
opportunities.
The Committee believes that while City operating support provided to the Rock County Historical Society
can be reduced over the 5 year business plan period, it cannot be entirely eliminated. Furthermore, the
success of the Business Plan will only be realized through an aggressive approach of recasting the
House for greater use and marketing it’s unique assets to encourage repeat visits.
II. Background
The City of Janesville contracts with the Rock County Historical Society who provides custodial,
programming and administrative support to the operations of the Lincoln-Tallman House and Grounds.
The Rock County Historical Society (RCHS) began operation in 1949 and assumed the administration of
the Lincoln-Tallman House in 1951, when the City of Janesville received the property. The RCHS was
then charged with the responsibility of operating the house as a public museum on behalf of the City of
Janesville who holds title in trust to the facilities and grounds commonly referred to as the Lincoln-
Tallman House. These facilities include the Lincoln-Tallman House, the Carriage Barn, the Wilson-King
Stone House as well as the adjacent grounds.
Separately, the RCHS owns and operates the Helen Jeffris Wood Museum Center, the Charles Tallman
residential property recently acquired that is physically between the Tallman House grounds and the
Museum Center, as well as the Frances Willard School House located at the Rock County Fairgrounds.
1
The focus of this report is on the activities of the RCHS in their role as custodian for city owned properties
that the Society operates on behalf of the City of Janesville. As such, this report is not to be construed as
an evaluation of the Society or its activities that are not directly tied to their contractual relationship with
the City. While many of the Society’s non-contract related activities complement the City contract, how
those activities are maintained are the responsibility of the RCHS Board of Directors and not the topic of
this report.
III. Existing Operations and Facilities Overview
Operations:
Attachment A is an eleven year analysis of operating support and expenditures for the Lincoln-Tallman
facilities as well as a summary of City of Janesville support for operations to manage the museum.
During this period City of Janesville operations support peaked in 2003 at $73,979 ($70,404 direct
support and $3,575 grounds maintenance). In 2009, the City provided $50,000 in direct revenue support
and $2,545 in maintenance support. The City of Janesville Capital support for these City owned facilities
has varied on an annual basis from a low of $485 in 2000 to a high of $19,334 in 2002. The Capital
expenditure support for the facilities in 2009 totaled $16,435. Included in the Lincoln-Tallman revenue is
admissions through the House. Over the last eleven years admission revenue has steadily declined from
a peak in 2001 of $30,028 to low of $10,031 in 2009.
Attachment B is a chart depicting the 1999 through 2009 history of revenues and expenditures as well as
City Capital Expenditures for the Lincoln-Tallman House and Grounds.
Facilities:
In February 2009 the firm of Engberg Anderson provided the City of Janesville with its final report on its
evaluation and assessment of the exterior condition of the Lincoln-Tallman House. The evaluation and
assessment was conducted in preparation for future coordinated exterior restoration efforts.
Engberg Anderson also recommended that in addition to the need for a complete exterior restoration,
programming for the facility should also be revisited. According to the firm, revised programming may
permit additional uses and an increased awareness of the property as a community asset. They further
concluded that continued relevance in the public eye can only help with future funding. In order to ensure
the long term financial stability of the property, measures, programs, and opportunities must be
developed to maintain funding. As well, they concluded that a cyclical maintenance program should be
developed and fully funded to ensure the House is adequately and proactively cared for in the future. To
that end, the City Manager convened an Ad Hoc Committee of community members to review the
Engberg Anderson report as well as current programming provided by RCHS on behalf of the City of
Janesville.
This Ad Hoc Committee has met over the course of the past few months and is presenting their
recommendations related to both the facilities and supporting programming. The copies of the minutes
of the Ad Hoc Committee including both sub-committees can be provide upon request.
IV. Goals and Objectives
The subcommittee created some general goals and objectives for the operation of the Lincoln-Tallman
House and Grounds in order to realize the fiscal projections provided in the business plan. They are as
follows:
Goal 1. Increase the annual attendance for the RCHS, the Lincoln-Tallman House, and the Wilson-King
House through new activities, events and programs by 10% each year.
2
Goal 2. Create new opportunities for public and private use for the Lincoln-Tallman House and historic
campus.
Objective 1. Provide exciting educational exhibitions, programs and special events.
1. Provide four (4) quality fund raising activities on the grounds or in the Lincoln-Tallman
House each year. The goal of each event is to increase revenue, increase attendance
through the House, encourage repeat visitation from local citizens and provide a potential
donor/friends list for future fundraising efforts. Events could include the Tallman Art
Festival, the Holiday tours, Mother’s Day tours and lecture, and Father’s Day activities.
The goal would be to obtain sponsors to cover the initial cost of marketing and
conducting the event. Utilize the $20,000 Existing Event category of the Joint Effort
Marketing Grant program from the Wisconsin Department of Tourism to reach new target
markets for the Tallman Arts Festival.
2. Provide an opportunity to rent the House and/or grounds for corporate receptions, small
weddings, anniversaries, and other group gatherings. The goal is to allow for the limited
use of the House and grounds for these activities so that the collections are protected but
the House and grounds are used on a more frequent basis. The renovated Carriage
Barn will be a key component in providing expanded rental opportunities in the House
and on the grounds. The intended outcome would be to increase revenue, expose more
people to the facility, and provide a potential donor/friends list for future fundraising
efforts.
3. Partner with other community organizations such as Rotary Botanical Gardens, the
Janesville Concert Association, the Beloit-Janesville Symphony, the Hedberg Public
Library to provide new events, such as heirloom gardening programs, summer lawn
concerts and exhibits inspired from popular books.
4. Market to group tours more aggressively through increased partnership with other
Janesville attractions and increase services offered to our groups.
Objective 2. Create a comprehensive advertising, marketing and promotional package for the Lincoln-
Tallman House.
1. Create separate self mailing brochures for each intended use of the facility.
a. A brochure outlining individual tours of the House to be used for direct mail
campaigns to travelers and distribution throughout Southern Wisconsin.
b. A brochure targeted to group tour planners outlining various pricing and options for
groups such as packages that include a visit to the Helen Jeffris Wood Museum
Center, an educational talk, and/or a box lunch on the grounds. This variety of
experiences would allow groups to return more frequently as each visit offers
something new.
c. A brochure targeted to event planners outlining various rental options available in the
House or on the grounds.
d. An annual events calendar containing information on the events hosted each year
including, but not limited to the Tallman Arts Festival, Fathers Day and Mothers Day
Tours, and Holiday Tours.
2. Update the website for the RCHS to include information on tours, special events, group
tours and rental. Incorporate downloadable resources such as the group tour brochure,
calendar of events and contracts for facility rental. Keep the website updated with photos
of the Lincoln-Tallman House used for a variety of events and activities. Incorporate
photos of families, meetings and groups allowing people to see the facility in a variety of
3
ways. Maintain a schedule of regular updates to allow the website to be a fresh
experience each time a user visits the site.
3. Utilize free social media outlets to develop a base of supporters for the Lincoln-Tallman
House. Create and maintain a Facebook page, Twitter account and Directors Blog to
allow people to become actively engaged in the day-to-day operations of the Lincoln-
Tallman House. Use these resources to engage existing supporters and volunteers and
to reach new supporters.
4. Establish a quarterly e-newsletter through the JACVB’s Constant Contact subscription to
actively engage donors and supporters in the activities of the Lincoln-Tallman House.
Record up 4 pod casts each year for distribution on the RCHS website and You-Tube
allowing viewers to understand the experience of a tour.
5. Promote the programming developed by the RCHS in various media formats such as
newspapers, television and radio through ads sponsored by local businesses. Include
rental of advertising space on and inside the City Buses, radio spots for the special
events and cross promotions between other planned community events.
6. Solicit additional free public relations opportunities by reaching out to travel writers and
establishing a regular schedule of press releases. Generate press releases/news articles
on a monthly basis for distribution to news outlets. Stories may encompass events or
features of the Lincoln-Tallman House and Grounds.
7. Partner with the JACVB for advertising and promotional opportunities. Work with JACVB
to host familiarization (FAM) tours for tour operators, visits from travel writers, and site
visits with meeting planners. Partner with Forward Janesville to host a Business After
Five. Continue to work with the Janesville Gazette, and the Jotter to develop a
subsidized or free listing of special events. Have JATV tape events for their public
access television programming.
6. Partner with the City of Janesville, the JACVB and other events and attractions in
Janesville to include reciprocal links on their Web sites to coordinate scheduled events
and activities taking place on the grounds or in the Lincoln-Tallman House.
8. Develop a relationship with local media agencies and local billboard companies for
advertising of special events and regular tours at the Lincoln-Tallman House on unsold
inventory.
9. Update and increase signage for the Lincoln-Tallman House.
a. Including securing Interstate I-39/90 signage through the Department of
Transportation Specific Information Signage Program.
b. Refurbish and relocate Lincoln-Tallman House signs along the street frontages of the
grounds to increase on-site visibility.
c. Install new informational and directional signs along major roadways directing
individuals to the Lincoln-Tallman House and Grounds.
Objective 3. Develop and maintain an annual balanced budget by increasing the overall revenue for
RCHS and decreasing the overall expenses of the Society and the city’s annual subsidy
to the Lincoln-Tallman House.
1. Develop and implement a direct mail campaign of brochures to each target market:
visitors, group tours and event planners. A goal of 2,000 brochures going to the visitor
and group tour market and a 5% return would create 100 new responses in area. A goal
4
of 500 brochures going to meeting planners and a 5% return would create 25 new
responses.
2. Develop specialty merchandise specifically related to the Lincoln-Tallman House.
Partner with gift shops at Rotary Botanical Gardens to include each other’s logoed
merchandise at each gift shop.
3. Expanded programming offered at the Lincoln-Tallman House, thereby increase the
number of paid visitors to the Lincoln-Tallman House by 10% each year.
4. Move Archives and Collections out of the Wilson-King House and into a renovated
Charles Tallman House and rent/lease the Wilson-King House to another non-profit for
revenue to be used to offset the city’s operating support.
5. Encourage the growth of bus tours by offering packages with other local attractions and
off season price reductions. Partner with the JACVB for a presence at group tour
tradeshows throughout the Midwest. Prepare group tour specific marketing brochure for
the Lincoln-Tallman House to be distributed to 2,000 area group tour operators. The goal
would be to increase the number of admissions through group tours by 20% from 2010 to
2012 and by 10% from 2013 to 2014.
6. Include discounted use of the facility as a member benefit, increasing interest and
awareness of the rental of the facility.
7. Examine the potential of reclaiming the lower level exhibition area of the Helen Jeffris
Wood Museum for programming, rental and exhibit space by moving the existing storage
to a portion of the Charles Tallman House or other locations on the Lincoln-Tallman
Grounds.
8. Evaluate event potential by soliciting sponsorships. If sponsors are available to cover
basic costs for an event, those events should go forward. If the potential exists to lose
net revenues, events should be carefully considered for their value by the Board of
Directors.
9. Develop a data base of existing members of the RCHS and increase those members 5%
over a 5 year period through active solicitation of members at all events and activities
taking place. Offer a discounted membership to individuals who rent the facility to build
new loyalty for the Lincoln-Tallman House.
V. Capital Projects
Currently the RCHS has operated the Lincoln-Tallman House on the funds provided by the City along
with the revenue generated from the Lincoln-Tallman related events such as the Tallman Arts Festival,
and the admissions to the House itself; however, the Society cannot afford to be responsible for the
capital repairs required to maintain the City owned buildings on the grounds of the Tallman property. A
separate sub-committee is working on prioritizing the necessary structural improvements to the Lincoln-
Tallman House and paying for and programming those repairs.
However, in order to generate additional revenue for events and activities some City and/or RCHS
expenditures to the House and Grounds will have to be made. The Committee has recommended that a
portion of the House be made available to rent for small private events including business functions,
weddings, and other receptions. In order to accomplish this some funds will need to be expended to
prepare the House for evening use and protect the carpets and furnishings. These improvements may
include installation of additional lighting, and the purchase of carpet pad covers, and stanchions. The
anticipated outcome would be to increase revenue in order to potentially reduce the City operating
5
support with the goal of having the programming and events to cover RCHS’s operating cost of the House
and Grounds.
The exterior lift which provides ADA accessibility to the House is currently not working and needs to be
refurbished or replaced. In addition, the bathrooms are in poor condition, not ADA accessible and are not
functional for large groups use. Therefore monies need to the be programmed for the ADA lift and
refurbish the bathrooms. Community Development Block Grant funds could be used to make the House
and bathrooms ADA accessible.
The Ad Hoc Committee has also recommended that the Carriage Barn be programmed for renovation. It
is currently not used because of its poor structural condition. A recent estimate by AYA to renovate the
Carriage Barn into meeting space with bathrooms and a prep kitchen identified the cost of this
improvement to be $280,000 (not including 25% design, construction management and contingency).
Attachments F and F1 show the concept proposed for the renovated Carriage Barn. The Committee
believes that if bathrooms and a preparation kitchen could be added to the Carriage Barn those
improvements could facilitate additional programming in the Lincoln-Tallman House and on the Grounds.
The Committee also recognized the need to install landscape improvements and potentially grade a
portion of the Tallman grounds to accommodate a tent for outdoor activities.
In 2008 RCHS acquired the Charles Tallman House located at 430 North Jackson Street which
completed the purchase of the original Tallman grounds containing the Lincoln-Tallman House at 440
North Jackson, the Charles Tallman House at 426 North Jackson and the Helen Jeffris Wood Museum at
420 North Jackson formerly occupied by Stanley Tallman. RCHS is considering relocating the archives
from the Wilson-King Stone House to the Charles Tallman House and using the house for archive
storage. This would allow the Stone House to be rented or leased to provide additional income and
reclaim programming space in the Helen Jeffris Wood Museum current used for archive storage.
In order to accomplish these improvements, the following expenditures will need to be programmed. See
Summary of Capital Expenditures Table on page 12 which includes Lincoln-Tallman House renovation
estimates.
Renovating the bathrooms for the
Lincoln-Tallman House (City cost) $30,000 (Eng. est.)
Purchase of an ADA accessible lift
for the Lincoln-Tallman House (City cost) $15,000 (Eng. est.)
Lighting at Lincoln-Tallman House (RCHS cost) $5,000 (est.)
Carriage Barn improvements for reuse as
lease and programming space. (City cost) $280,000 (AYA est. plus 25% design,
const. mgmt. and conting)
Renovate the Charles Tallman House for
Archive use and storage (RCHS cost) N/A
Improve site signage (RCHS cost) $2,000
VI. Admissions Recommendations
Over the past 11-years, admissions revenue has declined from $29,587 in 1999 to $10,031 in 2009.
Attachment C depicts Admissions revenue for 1999 to 2009. Admissions revenue peaked in 2001 at
$30,028 and has steadily declined to a 2009 level of $10,031. Renewed efforts to increase regular,
group, and student admissions to the House are important to help increase this key source of revenue.
Personal selling contacts should be made to improve relationships with tour companies and other sources
of admissions.
6
From 2008 to 2009, group tours to RCHS and the Lincoln-Tallman House fell from 70 to 42, or 40%. This
decrease was in part due to reduced advertising and marketing to group tour operators. RCHS has
applied for grant monies from the JACVB for preparation of a marketing brochure for group tour
companies. If this grant is approved and the brochure prepared it is anticipated that it will be distributed to
2,000 area group tour operators in the JACVB database in 2010. This effort is expected to generate an
increase in group tours for RCHS and the Lincoln-Tallman House. A mailing of 2,000 group tour
brochures followed by follow-up phone calls from RCHS staff and volunteers with only a 1/2% return
would produce 10% additional tours, or an additional 23 tours. Because tour operators book several
years in advance we estimate a 20% increase would take place from 2010 to 2012 and a 10% increase
would take place from 2013 to 2014. An average tour group is 40 individuals; therefore a 20% increase
each year from 2010 to 2012 would result in an estimate of 1,200 additional admissions and a 10%
increase each year from 2013 to 2014 would result in an additional 600 admissions.
Also, identified in the Objectives section of this report, the goal is to increase regular admissions through
the Lincoln-Tallman House by 10% annually over the course of the Five (5) Year Business Plan. In order
to accomplish this goal, the RCHS will create a comprehensive marketing package for the Lincoln-
Lincoln-Tallman House that will promote special events, rentals, and the House in general. The creation
and execution of the plan will be attainable by fully utilize the already existing cooperative marketing
partnership with JACVB, Janesville Performing Arts Center, and Rotary Botanical Gardens. This
partnership utilizes the services of a cooperative Marketing Director and a $2,500 grant towards those
services. Additional marketing services used beyond what is granted are billed out at a minimal hourly
rate. The partnership also participates in cooperative marketing for reduced individual costs. The
Marketing Director’s skill set includes, but is in not limited to, writing press releases, ad layout and design,
creating and implementing marketing plans, social median, still photography and videography, placing ad
buys, and grant writing. In addition to the cooperative marketing partnership with JACVB, an additional
$5,000 has been programmed into the fiscal projects in order to provide the event planner resources to
further market the House and Grounds for events and to increase admissions.
Attachment D provides a breakdown of the admissions by adult, student, and senior through the House
either by individual (regular) or group tours from 2003 to 2009. No change in admission fees are
proposed. Regular adult admissions are charged $8.00, seniors $7.50, and students $4.00. Group
admissions are charged $7.50 for adults, $7.00 for seniors, $3.50 for non-Rock County students and
$3.00 for Rock County students.
2003 to 2009 Admissions Actual to Lincoln-Tallman House
Admissions
2003 2004 2005 2006 2007 2008 2009
Regular Admissions 1841 1282 n/a 1472 n/a 797 984
Group Admissions 2035 2454 n/a 2400 n/a 2166 1109
Comp Admissions 846 789 n/a 334 n/a 301 168
Total Admissions 4722 4525 n/a 4206 n/a 3264 2261
Total Revenue $19,486 $20,244 $18,083 $20,284 $18,684 $16,000 $10,031
Projected Future Admissions/Revenue*
Admissions
2010 2011 2012 2013 2014
Regular Admissions 1083 1191 1310 1441 1585
Group Admissions 1463 1755 2106 2316 2547
Comp Admissions 222 266 319 351 386
Total Admissions 2,768 3,212 3,735 4,108 4,518
Total Revenue $12,195 $ 14,111 $ 16,363 $ 17,996 $ 19,792
*10% annual increase for regular admissions from 2010-2014, a 20% for group admissions from 2010-2012 and 10% for group
admissions for 2013-2014.
7
VII. Events
The RCHS has hosted the Tallman Arts Festival fundraiser on the grounds of the Lincoln-Tallman House
for 52 years. This long running event has regularly brought in $14,000 to $18,000 and shows the current
capability of special event funding for the RCHS. This past December RCHS opened the Lincoln-Tallman
House to evening tours during the holiday season. This event brought in $1,600 in net profit and could
expand in the coming year up to $2,000 or $3,000. RCHS also holds a historical house tour in August.
Although this tour takes place off of the grounds of the historical campus, it has recently brought in
$25,000 in support for RCHS. In addition to holding the Tallman Arts Festival on the grounds of the
Lincoln-Tallman House, RCHS intends to expand its events programming to include events such as
boxed picnics/concerts on the lawn, antique shows, appraisal fairs, folk festival outdoor dinners, historic
trades weekends, Mother’s Day teas and/or fashion shows, Father’s day antique car shows or tool fairs,
Civil War Days, poker runs, holiday photograph shoots, dinner parties in the carriage house, and wine
tastings on the grounds. If RCHS were to host the Tallman Arts Festival, the Historic House Tour and
Gala, the Twilight Tour event, and two other smaller fundraisers, the potential funding for RCHS could
generate $75,000 to $100,000 in annual support. Other possibilities emphasize the inclusion of children.
When school groups or children perform, the events are usually well-attended since Janesville is a family-
centered community.
In order to successfully market the House and grounds as a desirable event space, the Committee
recommends an event planner be hired on a part time or commission basis to execute a number of
previously listed Goals and Objectives. An event planner can also be responsible for organizing a rental
calendar, plan and coordinate events, assist in the promotion of the House and establishing public
relations with the community at large. The goal of all of these efforts will be to increase revenue, make
the house and grounds more useable and accessible to the community and provide a greater awareness
of the House and the services provided.
Tallman Arts Festival Net Revenue
2000200120022003200420052006200720082009
$18,773$18,715$18,929$17,717$14,868$17,487$12,113$18,049$8,185$0
Projected Net Event Revenue-Lincoln-Tallman Properties Only
Events 2009 2010 2011 2012 2013 2014
Actual Proposed Proposed Proposed Proposed Proposed
Tallman Arts N/A $20,000 $30,000 $40,000 $50,000 $50,000
Festival
Father’s Day Event N/A $2,000 $3,000 $3,000 $3,000
Mother’s Day Event N/A $1,000 $1,000 $1,000 $1,000
Concerts on the N/A $2,000 $2,000 $2,000 $2,000 $2,000
Tallman House Gds.
Tallman Holiday $1,600 $2,000 $3,000 $5,000 $7,500 $7,500
Tour
Cookout/Picnic on N/A $1,000 $1,000 $1,000 $1,000 $1,000
Tallman Gds.
Total $1,600 $25,000 $39,000 $52,000 $64,500 $64,500
N/A --event did not exists.
8
VIII. Lincoln-Tallman House Rental Recommendations
Rental of the Lincoln-Tallman House, Carriage Barn and surrounding grounds is a new concept for
increasing revenue for the operation budget, broadening the donor list and generating new interest and
relations with the community at large. Rentals inside the House could include business meetings,
receptions, photography only rentals, and ceremonies. Rentals inside the House would be limited to one
room and the main hallway on the ground floor (see floor plan of House and site plan of grounds
Attachments E and E1. In order to accomplish this, the RCHS plans to remove standing artifacts and
furniture from the formal entry hall; remove standing artifacts and furniture from the back parlor; close the
doors or stanchion off the formal parlor, dining room, front parlor; and restrict access to the second story
and basement. Restricting access in the building is intended to encourage repeat visits for tours and
safeguard the Tallman collection. Small receptions (hours d’oeuvres and white beverages only) could be
hosted in the rear dining room and tea room. Additional fees could be charged for tours of the Lincoln-
Tallman House and for events on the grounds. Similar outdoor and indoor combination facilities such as
Beloit’s Rotary River Center oversaw 150 rentals in the 2009 calendar year with similar rental fees and
security deposits.
Donor solicitations will be a necessary component of the success of this effort.
Necessary improvements to the Lincoln-Tallman House and Grounds would include:
lighting the interior and exterior of the Lincoln-Tallman House
o
repairing or replacing the handicap access lift to the House,
o
renovating the bathrooms for handicap access,
o
restoring the rear porch for outdoor seating, (This cost is included in the Lincoln-Tallman House
o
improvements.)
adding stanchion barriers to the second floor and the basement,
o
restoring the Carriage Barn for meetings and facilitating catering of larger outdoor
o
receptions/events, and
improve Lincoln-Tallman House signage
o
Meeting, reception, and ceremony capacity of the Lincoln-Tallman House would be held at 60 for
standing events and 40 for sitting events. A rental fee would be established to cover costs such as
moving furniture, staff time at events, heating/electrical costs, marketing and other ancillary costs.
Because RCHS staff is small and relies heavily on volunteers, rentals would be limited to weekends.
Rentals would not take place at the same time as established Lincoln-Tallman tours/public events.
Outdoor events could host up to several hundred depending on the event. Additional fees for valet
parking with drop off/pick up at the front door or rentals of equipment such as chairs, tables, coffee
makers and microphones could be gradually incorporated in to the services offered. The outdoor event
could utilize a renovated Carriage Barn space especially if a prep kitchen was created on the first floor.
This would allow for the potential for large catered events on the grounds. It is estimated that the
Carriage Barn would be renovated in 2012 so the summer rental would be possible. The renovated
space would also allow for smaller venues 30 to 60 in size to occur in the Carriage Barn during the fall,
winter and spring.
The Ad-Hoc Business Planning Committee estimates the following fees:
Business Meeting $500 for a half day and $1000 for a full day, groups of 30 to 40 includes
use of rear dining room, rear parlor and main hallway.
Ceremony/Reception $1,000 for a three hour time period, $200 for each additional hour,
groups of 40 to 60. Includes use of rear dining room, rear parlor and
main hallway.
9
Ceremony Only $500 for a three hour time period includes use of rear dining room, rear
parlor and main hallway.
In House Photograph
Shoot Only $250 for a 90 minute session, $100 for each additional hour.
Outdoor Events on the
Grounds $500 for an event on the grounds, using the renovated Carriage Barn
200-250 individuals could be accommodated.
$1,000 for events on the grounds which require erection of a tent
?
A security deposit will need to be established in the case of cancelation of an event or
damage to the House, Carriage Barn or grounds.
?
Discounts could be offered for groups that rent multiple times throughout the year to
utilize and nurture established business relationships.
The Ad Hoc Business Planning Committee estimates the following bookings of rentals.
Bus. Ceremony/ Photo Ceremony Outdoor
Year Meetings Reception Shoot Only Events Gross Income Expenses Net Income
2010 2 2 2 2 0 $4500-$5000 $760-$820 $3740-$4180
2011 2 3 4 2 0 $6000-$7000 $1100-$1160 $5400-$5840
2012 4 4 6 2 4 $8500-$9500 $1440-$1560 $9060-$9940
2013 6 5 8 4 8 $11500-$13500 $2080-$2260 $14920-$16240
2014 6 6 10 5 10 $14000-$16000 $2390-$2630 $18610-$20370
Projected costs/event
Staff at Event $15/hour, 2 staff minimum
Moving furniture $15/hour, 2 hours
Cleaning If necessary, $15/hour, 2 hours
Marketing of rentals Brochure publications $1,750
The type of rentals that are possible at the Lincoln-Tallman House, Carriage Barn or on the grounds
include but are not limited to:
Indoors Outdoors
Weddings no larger than 60 people Music Festival/Concerts
Corporate meetings/retreats Larger Weddings
Business After Five Wine Tastings
Author Readings/Signings Holiday Events: ex: Easter Egg Hunt
Traveling Exhibits Car/Antique/Art Fair
Photography Settings War Reenactments
IX. Philanthropy and Facilities Development
In order to accomplish goals related to increased attendance, special events, and capital improvements, it
is necessary that an aggressive marketing and development campaign be undertaken. The purpose of
these efforts will be to attract both audiences at the Lincoln-Tallman House as well as create
10
$
opportunities for philanthropy. It is proposed that a part-time position to coordinate events and pursue
philanthropy opportunities either be created under the auspices of the RCHS or be a contract position. At
present there is very limited opportunities to follow-up with visitors at the facilities let alone undertaking a
well organized and serious fund raising effort. The cost for such a position is estimated to be in the
$25,000 range. Given the ownership relationship of the buildings and grounds by the City, they may wish
to participate financially for a to be determined period of time to grow this activity at the Lincoln-Tallman
House in the hopes of reducing the City’s long term capital costs associated with maintaining this
operation.
X. Fiscal Projections
Fiscal Projections/Operating Cost - Lincoln-Tallman House and Grounds
2009 2010 2011 2012 2013 2014
Actual Budget Proposed Proposed Proposed Proposed
Personnel Services $41,633 $54,965* $69,114 $71,187 $73,323 $75,523
Contractual Services $22,838 $23,523 $29,229 $30,106 $31,009 $31,939
Supplies & Materials $2,882 $2,968 $3,057 $3,149 $3,243 $3,341
Capital Outlay (RCHS) $7,100
Total $67,353 $88,556 $101,400 $104,442 $107,575 $110,803
Capital Outlay (City) $16,436
*A part- time event coordinator/fund raiser is programmed ½ year in at $12,500 and in 2011 $25,000
Revenue generated from the Lincoln-Tallman House and Grounds
2009 2010 2011 2012 2013 2014
Actual Budget Proposed Proposed Proposed Proposed
City Funding $52,545 $49,400 $49,400 $49,400 $? $?
Admissions $10,031 $12,195 $14,111 $16,363 $17,996 $19,792
Events $1,600 $25,000 $39,000 $52,000 $64,500 $64,500
Rentals $0 $3,740 $5,400 $9,060 $14,920 $18,370
Contributions $5,888
Other Income
Total $70,064 $90,335 $107,911 $126,823 $97,416 $104,662
11
XI. Summary of Capital Expenditures
2009 2010 2011 2012 2013 2014
City Projects
Renovate bathrooms $30,000
Replace/repair ADA lift $15,000
Carriage Barn $280,000*
improvements
Tallman House $10,000 $500,000* $517,500* $101,500*
improvements
City Subtotal $10,000 $825,000 $517,500 $101,500
RCHS Projects
Purchase stanchions $100
Renovate Charles N/A
Tallman House
Install first floor lighting $5,000
Improve site signage $2,000
RCHS Subtotal $7,100
Total - RCHS & City $10,000 $832,100 $517,500 $101,500
*Does not include a 25% design, construction management and contingency
ATTACHMENT A: 11 year Lincoln-Tallman House Analysis of Budget
ATTACHMENT B: Summary Chart of Lincoln-Tallman Revenue, Expense, City Capital Expenditures
ATTACHMENT C: Lincoln-Tallman Admissions 1999-2009 Revenue Chart
ATTACHMENT D: 2003 to 2009 Admissions Actual and Projected Future Admissions 2010 to 2014.
ATTACHMENT E-E1: First Floor Plan of Tallman House and Site Plan of Grounds
ATTACHMENT F-F1: Carriage Barn First and Second Floor Renovations Concepts
12
13
14
15
ATTACHMENT D
2003 to 2009 Admissions Actual to LTH
Admissions 2003 2004 2005 2006 2007 2008 2009
Regular - Adult 852 529 638 461 517
Regular - Student 243 173 163 110 176
Regular - Senior 310 227 340 214 262
Regular - Discount 436 353 331 12 29
Group - Adult 431 353 650 10 92
Group - Student 1,342 1,485 1,526 1,572 863
Group - Senior 166 574 212 433 81
Group - Paid Chaperones 96 42 12 151 73
Comp 846 789 334 301 168
Total 4,722 4,525 5,095 4,206 3,264 2,261
Projected Future Admissions – 10 % Increase for Regular – 2010-2014
20% increase for Group—2010-2012 and 10% increase for Group – 2013-2014
Projected Admissions 2010 2011 2012 2013 2014
10%/year
Regular - Adult 569 626 688 757 833
Regular - Student 194 213 234 258 283
Regular - Senior 288 317 349 384 422
Regular - Discount 32 35 39 42 47
Group - Adult 121 145 174 191 210
Group - Student 1,139 1,367 1,640 1,804 1,984
Group - Senior 107 128 154 169 186
Group - Paid Chaperones 96 115 138 152 167
Comp 222 266 319 351 386
Total 2,768 3,212 3,735 4,108 4,518
16
17
18
19
20
LINCOLN-TALLMAN HOUSE EXTERIOR
CONDITIONS REPORT
April 21, 2010
I. EXECUTIVE SUMMARY
In October, 2009 the City Manager appointed an Ad Hoc Committee to review the Lincoln-Tallman
House conditions report which was prepared by Engberg-Anderson and make recommendations
on improvement options, prioritization of improvements and funding alternatives. The Committee
was also charged with preparing a business plan for the Lincoln-Tallman House and grounds
which is being prepared as a separate report (the two sub-committees are: the Structural
Improvement and Facilities Plan sub-committee and the Programming and Business Plan sub-
committee).
The Committee focused their efforts on evaluating the cost of the repairs, consulting with various
contractors to determine the most cost effective options and also investigated funding sources
through various local Trusts and Foundations.
Table 1 summarizes the list of needed repairs, estimated cost and recommended priority. A more
detailed description of improvements recommended in Table 1 is attached as Exhibit A.
The Committee recognizes the importance of conducting the exterior repairs in a manner that is
sensitive to the historic character of the structure. In doing so, the Committee remained sensitive
to cost and attempted to balance cost while preserving the historic appearance of the structure.
The Committee also recognized the importance of undertaking the improvements in a timely
fashion in order to avoid further deterioration of the building.
Finally, the Committee recommends that the City and Rock County Historical Society (RCHS)
develop an annual building maintenance program to set aside funds to ensure that the house is
adequately and proactively cared for in the future.
II. BACKGROUND
In October, 2008 the City contracted with Engberg Anderson, an architectural firm specializing in
historic buildings and restoration, to prepare an exterior conditions report for the Lincoln-Tallman
House. The report has been finalized and provides an evaluation and assessment of building
materials and elements, and identifies appropriate sequencing of repairs. The project team
involved a collaborative effort led by Engberg Anderson with field expertise support from J.P.
Cullen & Sons, Millen Roofing Company and Sutterlin Restorations.
The study was limited to the exterior of the Lincoln-Tallman House and basement area; however,
some limited investigation of the interior face of the exterior walls was made. A review of the
documents from the City’s previous restoration and repair efforts for the property was also
conducted. The report captures the physical state of the Lincoln-Tallman House as evaluated in
October/November, 2008 and therefore is time sensitive.
The Committee reviewed the Engberg Anderson report and independently evaluated
improvement and repair options in consultation with industry experts in order to provide a more
accurate estimate of cost. The Committee consulted with J.P. Cullen & Sons, Renaissance
Restoration, Inc. and Wisconsin Restoration, Inc. on tuck-pointing estimates;
Mc Dermaid Roofing and Madison Sheet Metal on roofing alternatives; Strass-McGuire &
Associates on the treatment and repair options for efflorescence on the Tallman House basement
walls and Carriage Barn repair options; and AYA regarding revised Carriage Barn renovations
estimates. However, as with any construction project final cost will not be determined until bids are
taken.
Several major condition problems are threatening the integrity of the building including:
?
a collapsed stone foundation wall in the privy area (rear portion of the house),
?
spalling stone foundations along the west elevation,
?
a leaning retaining wall,
?
eroding mortar joints,
?
failing paint,
?
rotting ornamental woodwork at the porches and conservatory,
?
rotting soffits and brackets,
?
chronic leaking of the built-in gutters, and
?
a roof at the end of its useful life.
Each of these conditions represents significant physical challenges to the building. Of these, the
report recommended that immediate attention be directed to the collapsed privy foundation wall,
which has been completed. The report then prioritized improvements from the roof of the structure
down to the foundation.
III. LINCOLN-TALLMAN HOUSE EXTERIOR CONDITIONS REPORT
The conditions report evaluated specific exterior components including site, masonry, foundation
walls, brick walls, brick chimneys, carpentry and roofing and flashings. Table 1 (on following page)
summarizes the list of needed repairs, estimated cost and recommended priority. For this project,
a 15% cost has been included to cover design and construction management services and 10%
contingency to cover unexpected cost which amounts to 25% of the total project cost. The
Committee believes that the construction management costs may be reduced if city staff handles
that portion of the construction project. In addition, the contingency cost would also likely be
reduced following receipt of bids when costs are known.
A detailed description of improvements recommended in Table 1 is attached as Exhibit A.
TABLE 1
PRIORITY RESTORATION PROJECTS AND COST ESTIMATES
Phase I: Immediate Priority Work (2009) COMPLETED Revised Cost Architect
Estimates Cost
Estimate
Privy Foundation Wall Stabilization and Repairs $8,500 $32,500
Temporary Roof Repair $1,500 $50,000
Phase I Total $10,000 $82,500
Phase II High Priority Work (2010-11): Roof, Chimneys, Cupola and Gutter
Replacement
Complete replacement of existing roof with a standing seam roof $160,000 $350,000
Repair and restoration of cupola woodwork including finial $34,000 $34,000
Repair and pointing of chimneys includes mortar testing $35,000 $136,000
Complete removal and reworking of existing gutter system $26,000 $26,000
Regrade and install combination of downspout extensions and piping system $33,000 $33,000
Carpentry Work- Soffits, and Friezes $210,000 $210,000
Masonry Wall Stabilization and Repair $0 $46,000
Salvage Threatened Ornament $2,000 $3,000
Subtotal $500,000 $838,000
Phase II A. Carriage Barn Improvements
Structural Improvements – Foundation, roof, exterior walls, rough
plumbing, exterior woodwork. $145,000
Phase II B. Carriage Barn Improvements
Interior Improvements – Finishes, prep kitchen, ADA bathroom $135,000
Carriage Barn Subtotal $280,000 $297,000
Phase II Total $780,000 $1,135,000
Phase III: Near Term Priority Work (2011-2012)
Repair stone steps at Conservatory stair $3,500 $3,500
Storm Window (Sash) Refurbishment $55,000 $55,000
Portico restoration $130,000 $130,000
Conservatory restoration $51,000 $51,000
Masonry Foundation Restoration $80,000 $189,000
Masonry Superstructure Repointing $198,000 $519,000
Phase III Total $517,500 $947,500
Phase IV: Long Term Priority Work (2012-2013)
Fence repair and landscaping $10,000 $20,000
Stabilize stone retaining wall $30,000 $65,000
Carpentry Work - Carriage Porch $45,000 $45,000
Cast Iron Crown and Sill Restoration $16,500 $16,500
Masonry Foundation Restoration – Interior Face $0 $413,000
Phase IV Total $101,500 $559,500
Restoration Projects Phases I-IV
Tallman House Total $1,129,000 $2,427,500
Carriage Barn Total $280,000 $297,000
Project Total $1,409,000 $2,724,500
Design, Construction Management and Contingency (25% - Phases II-IV only) $350,000 $660,500
Grand Total $1,759,000$3,385,000
Table 1 shows that there is a significant difference between the Committee’s cost estimates
and those provided by Engberg Anderson in certain categories of repair. The primary areas
where those differences occurred are as follows:
Phase I The City was able to repair the privy wall and do some temporary roof repair
for significantly less than estimated. The roof repair estimated by the architect was far more
extensive, however, since the proposed roof replacement schedule has been accelerated a
minor repair was preformed.
Phase II The most significant cost difference in Phase II was changing the roof
specification from a red painted copper roof to a red prefinished metal roof. Although the
life expectancy of copper is longer than a pre-finished metal (75 verses 35 years) because
of its lower cost and similar architectural appearance the Committee supported the metal
roof option. Following discussion with tuck-pointing contractors, cost estimates for tuck-
pointing the chimneys was significantly reduced. The masonry wall stabilization and repair
cost was deleted since the scheduling of tuck-pointing on the exterior of the Home was
accelerated and if completed as planned these emergency repairs would no longer be
needed.
Phase III Significant reductions in Phase III also occurred with regard to tuck-pointing
cost estimates for the exterior walls of the Home and the foundation following discussions
with tuck-pointing contractors.
Phase IV The significant cost savings in Phase IV represents the elimination of the cost
associated with repair of the basement wall mortar joints and removal of the efflorescence
on the walls. A structural engineer, who looked at the efflorescence on the walls and the
condition of the mortar joints, concluded that this work would not be necessary at this time
since the foundation is structurally sound. He indicated that solving the water
management/drainage issues around exterior perimeter of the Home would reduce if not
eliminate the efflorescence problem.
IV. CARRIAGE BARN CONDITIONS REPORT
Although not a part of the conditions report for the Lincoln-Tallman House a separate report
was prepared in 2005 for the Tallman House Carriage Barn. This is a separate building on
the Tallman property which once housed the stables and carriage storage area. The
Carriage Barn was remodeled in the 1950’s and used as a gift shop and offices for the Rock
County Historical Society. When the Rock County Historical Society moved into the old
Armory on High Street the Carriage Barn was used for collection storage. Because of the
deteriorating and structural condition of the building in recent years, collection storage was
removed. Although the building has been stabilized, it is currently vacant.
The report evaluated the condition of the building and its potential conversion to either a
programming space for the Rock County Historical Society or a complete internal and
external restoration of the building for use as an historic exhibit of a mid-19th century
carriage barn and stable.
The Committee considered the Lincoln-Tallman House and the Carriage Barn together
when considering how best to improve programming and new revenue sources. The
Committee believes that the most appropriate effort would be to convert the building into
meeting space with a kitchen area which could be used by caterers for events in the house
or on the grounds and ADA accessible bathrooms. This converted space could provide a
long-term potential to more fully utilize the house and grounds for events and other revenue
generating activities. In addition, the creation of a prep kitchen for use by caterers could
facilitate programming of receptions on the grounds of 200 to 250 in size and smaller
receptions in the Lincoln-Tallman House or in the Carriage Barn which are not currently
practical. Joe Stadelman with AYA recently provided a revised renovation estimate based
on renovating the Carriage Barn into meeting space on the first and second floors,
bathrooms and a prep kitchen.
The Committee recommended that the improvements for the Carriage Barn be programmed
concurrently with the Lincoln-Tallman House improvements. The first phase listed as
Phase II A structural improvements, in Table 1 includes foundation, roof, exterior walls,
exterior woodwork and windows and is estimated to cost $145,000 not including design,
construction management and contingency. This work would be performed with Lincoln-
Tallman House Phase II improvements. The second phase listed as Phase II B, interior
improvements includes the interior work and finishes, prep kitchen, ADA bathrooms and is
estimated to cost $135,000 not including design, construction management and
contingency. This work is also scheduled with Tallman House Phase II improvements.
V. OPTIONS FOR FUNDING
This memorandum also outlines alternative funding options for immediate and long-term
improvements for the Lincoln-Tallman House and Carriage Barn.
In 2006, the City Council included with the General Fund Note Issues, $100,000 for tuck-
pointing of the Lincoln-Tallman House. A project scope was developed for tuck-pointing
and bids were obtained, however, the bids came in much higher than the $100,000 amount
that the City had borrowed and therefore all bids were rejected. Since 2006, some of the
$100,000 has been used for repairs to the bathrooms, funding the structural condition
report, minor repairs to the Lincoln-Tallman House roof and repair of the privy wall as
identified by this study and shown as a Phase I improvement in Table 1. In 2009 the
balance of the 2006 note was reduced by approximately $10,000 to pay for Phase I
improvements. The remaining balance is approximately $60,000. These funds could be
applied toward the priority repairs listed above.
In 2009 the City Council included $250,000 in the General Fund Note in order to start the
funding of this multi-year repair project. In the 2010 Budget, the City Administration
tentatively programmed the potential for an additional $500,000 in 2010 General Fund
borrowing to provide for some additional repairs. The Council however, has not committed
to any specific amount of additional funding at this time. Therefore, the current balance of
funds borrowed through the General Fund, minus the $10,000 Phase I 2009 improvements
is $310,000. Community Development Block Grant funds may be an eligible source of
funding to cover some costs associated with improving ADA accessibility to the Home and
upgrading the bathrooms in the Home to ADA standards.
In addition to public financing, there are historic preservation grants which could be pursued
to fund a portion of the needed improvements. City staff has contacted several Trusts and
Foundations which have funded projects in the Janesville area. Although none of the Trusts
or Foundations have made any commitments for funding the Lincoln-Tallman House or
Carriage Barn repairs, several indicated that they would consider such a grant request.
Some general requirements for Trusts and Foundations grant requests often include one or
more of the following items:
?
a local match,
?
a multi-year request,
?
targeting a specific improvement,
?
a solid business plan for the operation of the House and grounds to make the home
and grounds useable and available to the public
?
providing a long term maintenance plan to avert future condition problems, and
?
repairing the home in a manner sensitive to the building’s historic architecture and
consistent with the National Register Historic Preservation Guidelines.
The grant cycle for many of the Foundations and Trusts are mid-year or at the end of the
year for funding distribution the following year. It is critical to file grant applications this year
in order to start this funding program for next year. Many of the Foundations and Trusts
have indicated that they would consider a multi-year commitment for a project of this scale
and complexity. Because many of the improvements will be programmed over several
years this multi-year funding strategy is workable. If significant private funds are secured
less city funds will be needed in the out years of the improvement schedule. If private funds
are not received additional general fund borrowing will be needed. In any case the city’s
commitment will not likely be less than 50% of the project cost since Foundations and
Trusts typically require a local match for their support.
Due to the scale of this project, financial assistance from outside the city is critical.
VI. COMMITTEE RECOMMENDATIONS
The Committee recommends that the City Council proceed with the exterior improvements
to the Lincoln-Tallman House in the order of priority provided in Table 1. Because of the
scale of the exterior improvements, this will be a multi-year project. A multi-year funding
strategy may also provide Trusts and Foundations a better opportunity to contribute funds
for various building improvements over a number of years. The Committee believes that
even with a very successful fund raising campaign the City will likely have to cover a
minimum of 50% of the improvement costs.
The City has available $310,000 in previous note issues for Lincoln-Tallman House
improvements. The Committee recommends that the City borrow a minimum of $500,000
in 2010 and $60,000 in 2011 in order to start this improvement program. At the same time,
staff should be directed to begin applying for grants in order to cover the remaining costs.
Based on the success of grant awards and the actual construction cost, additional public
borrowing may need to occur in 2012 and 2013. The Committee believes that an early
substantial public commitment to the project may facilitate interest and support from Trusts
and Foundations. The following table illustrates the improvement schedule with funding
needs.
Total
2009 2010 2011 2012 2013
Phase & Phase I Phase II Phase III Phase IV
Improvement Cost $10,000(1) $780,000 $517,500 $101,500 $1,409,000
(3)
$1,759,000
(2)
City funds $880,000
$320,000 $500,000 $60,000 ? ?
Grants/Donations $300,000 $300,000 $279,000 $879,000
$1,759,000
(1)
Improvements covered in 2006 note funds.
(2)
Includes $70,000 from 2006 note and $250,000 from a 2009 note.
(3)
Includes 25% design, construction management and contingency for Phases II-IV.
The Committee believes that the Carriage Barn is an integral part of the Lincoln-Tallman
campus and recommends that the Carriage Barn improvements be scheduled concurrently
with the improvements to the home. The Committee recommends that it be included as
part of Lincoln-Tallman House Phase II improvements since renovating the Carriage Barn
could facilitate programming of activities in the House and on the grounds and thus
generate revenue to off-set operating costs for the museum.
The Committee recommends that a vigorous fund raising effort be conducted in order to
secure private funds to supplement city contributions.
The Committee recognizes that ongoing maintenance of the House and grounds is
necessary and that an annual building and grounds maintenance plan be prepared and
funded in order to avoid future major building repairs. The Committee recommends that a
communication structure between RCHS and the City be established to facilitate these
efforts.
NEIGHBORHOOD SERVICES MEMORANDUM
April 12, 2010
TO: City Council
FROM: Kelly Lee, Neighborhood Development Specialist
SUBJECT: Action on a Proposed Resolution Authorizing the Acquisition and
Demolition of 410 North Pearl Street (File Res. 2009-697)
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 410 North Pearl 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 2009-697
authorizing the purchase of the property located at 410 North Pearl Street, at an
acquisition price not to exceed $29,900 as part of the Neighborhood Stabilization
Grant Program (NSP).
City Manager Recommendation
The City Manager concurs with the Plan Commission and Neighborhood
Services Department recommendations.
Suggested Motion
I move to approve file resolution 2009-698 authorizing the purchase of 410 North
Pearl Street, at an acquisition price not to exceed $29,900 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.
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 been awarded $1,003,743 to acquire
1
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 410 North Pearl Street is a foreclosed home owned by
Federal Home Loan Mortgage Association in Plano, Texas. The house, built in
approximately 1870 is 1564 square feet, three bedrooms and 1 bath.
The property is located in census tract 4, which has been identified as one of the
areas of greatest need. The property is in walking distance to both parks and
schools. In addition, the property is identified in average condition according to
th
the 4 Ward and Look West Housing Condition Report. This was an exterior
assessment of the property and did not take into account the interior condition.
Modern Appraisal in Janesville conducted an appraisal of this property and found
the value to be $32,000.
Staff has toured the property and found the interior of the property in a
considerable state of disrepair. There are significant foundation, roof and
electrical concerns. NSP funds may be used to demolish blighted structures that
exhibit signs of deterioration sufficient to constitute a threat to human health,
safety and public welfare. Staff believes that this property fits this definition.
Neighborhood Services has completed the NSP/CDBG required environmental
assessment on this property. Our assessments include a Statutory Worksheet
that addresses Historic Preservation, Floodplain Management, Wetlands
Protection, Coastal Zone Management, Sole Source Aquifers, Endangered
Species, Wild and Scenic Rivers, Air Quality, Farmland Protection, and
Manmade Hazards. Our assessments have been approved Department of
Commerce, Department of Environmental Review.
The project would include acquisition and demolition of the property funded by
the Neighborhood Stabilization Program (NSP) grant. The estimated cost for
demolition is $10,000. Once the project is complete, the lot will be donated to a
not-for-profit organization for redevelopment. The donation will be conditioned
on approval by staff regarding architectural design of a replacement single-
family, owner-occupied home.
2
Staff feels that it is more economically responsible to demolish the property and
allow a not-for-profit to rebuild an energy efficient home that would match the
existing style and architecture of the neighborhood. The house would be sold to
an individual who is low to moderate income. Any materials that are salvageable
will be offered to Habitat for Humanity.
The City has negotiated a conditional purchase price of $29,900. This falls within
the limits established in the grant application.
Analysis
A. The property is zoned R-2, Limited General Residential.
B. The project will include acquisition and demolition of the property funded
through the Neighborhood Stabilization Program (NSP) grant.
C. The project is consistent with the criteria outlined by the Community
Development Authority and the Neighborhood Action Team. The home is
located in census tract 4 which has been identified as one of the areas of
greatest need in Janesville. The property is within walking distance of
both parks and schools. The property is listed as average 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
There was a motion by Commissioner Zolidis seconded by Commissioner
Helgerson to find the proposed acquisition of 410 North Pearl Street consistent
with established City plans and to forward this item 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 7-0-0 vote.
cc: Eric Levitt, City Manager
Jay Winzenz, Dir. of Administrative Services/Assistant City Manager
Jennifer Petruzzello, Neighborhood Services Director
3
RESOLUTION NO. 2010-697
RESOLUTION AUTHORIZING THE ACQUISITION AND DEMOLITION OF REAL
PROPERTY LOCATED AT 410 NORTH PEARL 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
410 N Pearl Street in the amount of Twenty Nine Thousand Nine Hundred and 00/100
Dollars ($29,900.00); and
WHEREAS
, the Janesville Plan Commission has reviewed this proposed acquisition on
April 19th, 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 demolition 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 demolition 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 410 N Pearl Street in the amount of Twenty Nine
Thousand Nine Hundred and 00/100 Dollars ($29,900.00) 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
ìïð
q
Ô»¹»²¼
ÍËÞÖÛÝÌ Í×ÌÛ
Ü¿¬»æ ìñïîñïð
ͽ¿´»æ ïþã ïððù
Ó¿° ݱ±®¼·²¿¬»æ Õóïë
ÔÑÝßÌ×ÑÒ ÓßÐ
Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ
ÓßÐ ï
ßÝÏË×Í×Ì×ÑÒ ÑÚ ìïð Ò ÐÛßÎÔ ÍÌò
ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ
ÍæЮ±¶»½¬Äд¿²²·²¹ÄÝ¿»ÄÝ¿»óîðïðÄÕóïëÁß½¯«··¬·±²óìïðóÒóл¿®´
NEIGHBORHOOD SERVICES MEMORANDUM
April 12, 2010
TO: City Council
FROM: Kelly Lee, Neighborhood Development Specialist
SUBJECT: Action on a Proposed Resolution Authorizing the Acquisition and
Rehabilitation of 808 West Holmes Street (File Res. 2010-698)
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 808 W Holmes 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 2010-698
authorizing the purchase of the property located at 808 West Holmes Street, at a
price not to exceed $43,875 as part of the Neighborhood Stabilization Grant
Program (NSP).
City Manager Recommendation
Suggested Motion
I move to approve file resolution 2010-682 authorizing the purchase of 416 South
Jackson Street, at price not to exceed $43,875 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 808 West Holmes is a foreclosed single family home in
average condition. Bank of America National Association in Pittsburg,
Pennsylvania foreclosed on the property on December 17, 2009. The project
would include acquisition and 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.
Neighborhood Services has completed the NSP/CDBG required environmental
assessment on this property. Our assessments include a Statutory Worksheet
that addresses Historic Preservation, Floodplain Management, Wetlands
Protection, Coastal Zone Management, Sole Source Aquifers, Endangered
Species, Wild and Scenic Rivers, Air Quality, Farmland Protection, and
Manmade Hazards. Our assessments have been approved Department of
Commerce, Department of Environmental Review.
The single family home was built in approximately 1870. The 2100 square foot,
two-story home has 4 bedrooms and 2 baths. The home requires minor
rehabilitation. The City will update the interior and make all necessary exterior
repairs including paint and windows.
The City has a pending offer at a purchase price of $43,875 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 $45,000.
Analysis
A. The property is zoned R-2, Limited General Residence.
2
B. The project will include acquisition and 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 “average” in the 4
Ward and Look West Housing Condition Report.
D. The project is consistent with the City of Janesville Look West & Old
Fourth Ward Neighborhood Revitalization Plan as well as the City of
Janesville Comprehensive Plan.
Plan Commission Action
There was a motion by Commissioner Zolidis seconded by Commissioner
Helgerson to find the proposed acquisition of 808 West Holmes Street consistent
with established City plans and to forward the acquisition to the City Council with
a favorable recommendation noting that the Plan Commission has not reviewed
the financial aspects of this transaction.
The motion carried on a 7-0-0 vote.
cc: Eric Levitt, City Manager
Jay Winzenz, Dir. of Administrative Services/Assistant City Manager
Jennifer Petruzzello, Neighborhood Services Director
3
RESOLUTION NO. 2010-698
RESOLUTION AUTHORIZING THE ACQUISITION AND REHABILITATION OF REAL
PROPERTY LOCATED AT 808 WEST HOLMES 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
808 West Holmes Street in the amount of Forty Three Thousand Eight Hundred
Seventy Five dollars ($43,875.00); and
WHEREAS
, the Janesville Plan Commission has reviewed this proposed acquisition on
April 19th, 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 808 W Holmes in the amount of Forty Three
Thousand Eight Hundred Seventy Five dollars ($43,875.00) 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
É ÊßÒÞËÎÛÒ ÍÌ
èðè
É ØÑÔÓÛÍ ÍÌ
q
Ô»¹»²¼
ÍËÞÖÛÝÌ Í×ÌÛ
Ü¿¬»æ ìñïîñïð
ͽ¿´»æ ïþã ïððù
Ó¿° ݱ±®¼·²¿¬»æ Ôóïì
ÔÑÝßÌ×ÑÒ ÓßÐ
Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ
ÓßÐ ï
ßÝÏË×Í×Ì×ÑÒ ÑÚ èðè É ØÑÔÓÛÍ ÍÌ
ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ
ÍæЮ±¶»½¬Äд¿²²·²¹ÄÝ¿»ÄÝ¿»óîðïðÄÔóïìÁß½¯«··¬·±² èðè É Ø±´³»
CITY MANAGER’S MEMORANDUM
April 21, 2010
TO: City Council
FROM: Eric J. Levitt, City Manager
SUBJECT: Committee Appointment
Attached is Council President Kathy Voskuil’s proposed Councilmember committee
appointments. Council please approve.
Please let Council President Voskuil know if you have questions or comments. Thank you.
2010/2011
COMMITTEES, COMMISSIONS, BOARDS AND AUTHORITY
APPOINTMENTS MADE BY COUNCIL PRESIDENT
COUNCILMEMBER
ALCOHOL LICENSE ADVISORY COMMITTEE
Rashkin
Term: 1 Year
CABLE ADVISORY COMMITTEE
Rashkin
Term: 1 Year
COMMUNITY DEVELOPMENT AUTHORITY
Truman
Term: 1 Year
Steeber
DOWNTOWN DEVELOPMENT ALLIANCE
Brunner
Term: 1 Year
Voskuil
DOWNTOWN RENAISSANCE PARTNERSHIP
Brunner
Term: 1 Year
ICE SKATING ADVISORY COMMITTEE
McDonald
Term: 1 Year
LEISURE SERVICES ADVISORY COMMITTEE
Truman
Term: 1 Year
PLAN COMMISSION
Perrotto
Term: 1 Year
Voskuil
SUSTAINABLE JANESVILLE COMMITTEE
Perrotto
Term: 1 Year
TIF DISTRICT REPRESENTATIVE
McDonald
Term: 1 Year
TRANSPORTATION COMMITTEE
Steeber
Term: 1 Year
Community Development Department Memorandum
Date: April 26, 2010
TO: Janesville City Council
FROM: Bradley A. Cantrell, Community Development Director
SUBJECT: Introduce, refer to Plan Commission and schedule a public hearing on a
proposed ordinance amending Section 15.01.100(B) and various
provisions of Section 18.36.070.2 (Historic Overlay District) of the Code of
General Ordinances of the City of Janesville (Revised File Ordinance No.
2010-453).
_____________________________________________________________________
Ordinance No. 2010-453 was originally introduced and referred to Plan Commission
for review and recommendation on April 5, 2010. The proposed amendment
consisted of two primary changes to the Historic Overlay Districts within the City of
Janesville – the first requiring a property owner to obtain a building permit for any
proposed removal of original architectural features or design elements affecting the
exterior of a structure within the overlay district; the second amending the current
ordinance which allows the Historic Commission to delay the issuance of a building
permit for up to 6 months if it believes an exterior building change would be
detrimental to the building’s architecture and/or inconsistent with the Secretary of
Interior’s standards of historic preservation. This change would make the Historic
Commission’s decision to deny a permit application final unless the applicant
appeals the decision to the City Council, which could affirm or overturn the
Commission’s decision.
On April 5 the Plan Commission held a public hearing on the original proposed
ordinance. A number of residents from the Courthouse Hill Historic District
appeared to offer comments and suggestions during the public hearing, and roughly
half were in support of the proposed amendment and half opposed. Members of
the Plan Commission also expressed various concerns about the proposed
amendment. Based on those concerns, the Plan Commission instructed staff to
formulate a revised ordinance that would incorporate some of the suggestions
offered by Plan Commission and the public provided during the meeting. The
Commission requested that a revised ordinance be brought back for their review
and comment before being reintroduced by the City Council. Revised Ordinance
No. 2010-453 was presented to the Plan Commission on April 19 and
recommended for Council introduction.
The attached ordinance has been revised in a manner that provides an alternative
appeals process to Historic Commission decisions. If the Historic Commission
denies a building permit and cannot reach consensus with an owner on agreeable
improvements, the property owner can first appeal the decision to the Plan
Commission. Following a public hearing, the Plan Commission can affirm, modify
or overrule the Historic Commission’s decision. If the Plan Commission overrules
the Historic Commission’s decision, it is final. However, if the Plan Commission
modifies or affirms the decision, the owner may appeal the decision to the City
Council who ultimately would make a final decision on an appeal.
The Community Development Department recommends that Revised Ordinance
No. 2010-453 be introduced to the City Council and scheduled for Public Hearing
on June 14, 2010. It is further recommended that this matter be referred to the Plan
Commission for report and recommendation.
cc: Eric Levitt
Jacob J Winzenz
REVISED ORDINANCE NO. 2010-453
An ordinance amending JGO 15.01.100(B) and various provisions of JGO 18.36.070.2 (H-Historic
Overlay District) to now provide for appeals of Historic Commission decisions to the Plan Commission or
the Common Council, with other changes, with penalties and injunctive relief for violations thereof,
together with the cost of prosecution, all in the manner set forth in JGO 18.80.150 and Chapter 18.28,
respectively.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I.
Section 15.01.100(B) of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
(B) Historic Overlay District. In addition to the permits required for alterations and
changes which affect buildings, any structure included in any Historic Overlay District shall be required to
obtain a building permit for the installation of siding, and windows and removal of original architectural
details representative of an architecture style, a unique design element or material; however, there shall
be no permit fee required.
SECTION II.
Section 18.36.070.2.g.ii. of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
ii. Denial of Certificate
. If the hHistoric cCommission reviews an application
and finds it inconsistent with the criteria set forth in Section 18.36.070 B.2.g.iii, the Commission may
deny the application and refuse to issue a certificate of appropriateness. If the Commission denies the
application, then within three (3) business days of such decision, written notice of the denial shall be
sent, by regular mail, to the applicant. The Historic Commission may refuse to grant a certificate of
appropriateness for a period not to exceed six months from the date of the original denial. Within thirty
days after the end of the six month period, the historic commission shall issue either a certificate of
appropriateness or a statement of waiver which shall be mailed, by regular mail, to the applicant.
I.
When the applicant for a permit for a proposed construction,
alteration, or demolition of an improvement within an historic district is denied a certificate of
appropriateness, the Historic Commission shall, at the request of the applicant, assist the applicant in
preparing an application for a certificate of appropriateness which shall meet the standards and criteria of
the Historic Commission, which shall comply with the provisions of the historic overlay district plan, if any,
and which shall comply with the provisions of this section. If the applicant chooses to work with the
Historic Commission and no mutually agreeable method is determined and both parties appear to be
deadlocked on the issue, the applicant may appeal the Historic Commission’s decision to the Plan
Commission or Common Council, as provided for in Section 18.36.070 B.2.i.
SECTION III.
Section 18.36.070 B.2.i. of the Code of General Ordinances of the City of Janesville are
hereby amended to read as follows:
i. Appeals.
i
. If the hHistoric cCommission denies a certificate of
appropriateness, the applicant may appeal such denial to the Plan Commission or to the Common
Council as provided in this section.
ii.
An appeal of a denial of the hHistoric cCommission shall be filed in
writing with the secretary of the Plan Commission within thirty days of the mailing of the notice of denial
to the applicant.
REVISED ORDINANCE NO. 2010-453
PAGE 2
iii.
The Plan Commission who, following a public hearing, may affirm,
overrule or modify an Historic Commission decision within thirty days of the receipt of the applicant's
written appeal. If the Plan Commission overrules the Historic Commission, its decision is final. Failure of
the Plan Commission to act upon an appeal of an Historic Commission decision within such period of
time shall constitute a denial of such appeal. If the Plan Commission overrules or modifies an hHistoric
cCommission decision, such Plan Commission decision shall have an effective date fifteen (15) days
from the date of the Plan Commission decision. On such effective date, the hHistoric cCommission shall
issue a statement of waiver.
iv.
If the Plan Commission affirms, modifies or fails to act upon an
appeal of an Historic Commission’s decision any owner whose property is affected by a decision may
appeal such decision to the Common Council who, following a public hearing, may affirm, overrule, or
modify a decision within thirty (30) days of the receipt of the applicant’s written appeal. If the Common
Council overrules or modifies a decision, such Common Council decision is final and shall have an
effective date fifteen (15) days from the date of the Common Council decision. On such effective date,
the Historic Commission shall issue a statement of waiver.
iv
. Time periods tolled: The six-month time period, following a denial of
a certificate of appropriateness by the historic commission and during which a certificate of appropriateness
or statement of waiver may not be issued, shall be tolled during the pendency of any appeal by the
applicant.
SECTION IV.
Sections 18.36.070.2.j. and k. of the Code of General Ordinances of the City of
Janesville are hereby repealed:
j. Assistance by the Historic Commission
. When the applicant for a
permit for a proposed construction, alteration, or demolition of an improvement within an historic district
is denied a certificate of appropriateness, the historic commission shall, at the request of the applicant,
assist the applicant in preparing an application for a certificate of appropriateness which shall meet the
standards and criteria of the historic commission, which shall comply with the provisions of the historic
overlay district plan, if any, and which shall comply with the provisions of this section. Such assistance
may continue during the six-month denial period. If no certificate of appropriateness has been granted to
the applicant by the end of such period, a statement of waiver shall be issued and the building official
may issue a permit as requested.
k. Failure Of Applicant to Attempt to Comply with Historic Commission
Criteria.
In the event the applicant makes no attempt to discuss with the historic commission
alternatives to save the subject property or to comply with historic commission criteria for construction,
alteration or demolition, the historic commission may appeal to the plan commission for one additional
stay of construction, reconstruction, alteration or demolition. Such historic commission appeal shall be
filed in writing with the secretary of the plan commission prior to the expiration of the original six-month
delay period and shall be acted on by the plan commission within thirty days after receipt of the written
appeal. The plan commission may deny such appeal or grant such appeal for an additional delay period
of not more than six months. The burden of showing that the applicant has not attempted to discuss
alternatives with the historic commission shall be upon the historic commission. Upon expiration of any
additional delay period, the historic commission shall issue a statement of waiver and the building official
may issue the permit as requested.
REVISED ORDINANCE NO. 2010-453
PAGE 3
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
Eric J. Levitt, City Manager
McDonald
Perrotto
ATTEST:
Rashkin
Steeber
Jean Ann Wulf, City Clerk-Treasurer
Truman
Voskuil
APPROVED AS TO FORM:
___________________________
Wald Klimczyk, City Attorney
Proposed by: Janesville Historic Commission
Prepared by: Community Development Department