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Full Agenda Packet CITY OF JANESVILLE CITY COUNCIL MEETING AGENDA MONDAY, May 10, 2010 7:00 P.M. 1. Call to Order and Pledge of Allegiance. 2. Roll Call. 3. Regular City Council meeting minutes of April 26, 2010. “C” 4. Licenses; and Recommendations of the Alcohol License Advisory Committee. (Refer to separate agenda.) “C” 5. Action on a proposed resolution recognizing the days of May 17-21 as “Bike to Work Week”. (File Res. No. 2010-703) OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. 2. Second reading, public hearing and action on a proposed ordinance rezoning property located at 4332 Milton Avenue from R1, Single Family District, to O1, Office/Residence District. (Revised File Ord. No. 2010-454) NEW BUSINESS 1. Action on a proposed resolution granting a temporary limited easement for an encroachment of installation of ventilation equipment and facade construction for O’Riley & Conway’s Tavern, 214 West Milwaukee, affecting property at 200 West Milwaukee Street. (File Res. No. 2010-699) 2. Action on a proposed resolution accepting the 2010 Safe Routes to School Plan for elementary and middle schools in Janesville. (File Res. No. 2010-705) 3. Presentation on Water Conservation Plan. ----------------------- “C” – This designation indicates an item that the City Council will take up under a Consent Agenda. City Council Agenda – May 10, 2010 Page 2 NEW BUSINESS (CONTINUED) 4. Action on a proposed resolution authorizing the acquisition and demolition of 313 North Pearl Street. (File Res. No. 2010-704) 5. Motion to approve Council President recommended Councilmember committee appointments. 6. Action on proposed Council Policy Statement #84 relating to identity theft prevention. 7. Action on a proposed resolution supporting Rock County’s Natural Hazard Mitigation Plan. (File Res. No. 2010-707) 8. Motion to waive notice of City Council special meeting (study session) regarding the Milwaukee Street traffic corridor (Wuthering Hills roundabout and bike trail crossing) scheduled for June 24 at 5:30 p.m. at the Municipal Building in the Council Chambers. 9. Requests and comments from the public on matters which can be affected by Council action. 10. Matters not on the Agenda. 11. Consideration of one or more motions to convene into closed session, pursuant to Wisconsin Statute Section 19.85(1)(e), for the purpose of deliberating and setting the negotiating and bargaining terms, conditions, and strategies for potential TIF District 14, 22, and 28 TIF development agreements since bargaining and/or competitive reasons require a closed session. The use of audible cell phone ringers and active use and response to cellular phone technology by the governing body, staff and members of the public is discouraged in the Council Chambers while the Council is in session. PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING APRIL 26, 2010 VOL. 61 NO. 2 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on April 26, 2010. The meeting was called to order by Council President Voskuil at 7:00 PM. Council President Voskuil led the Council in the Pledge of Allegiance. Present: Council President Voskuil, Councilmembers Brunner, McDonald, Perrotto, Rashkin, and Steeber. Absent: Councilmember Truman. CONSENT AGENDA Minutes of the regular meeting of April 12, 2010. Minutes of the special meeting of April 20, 2010. Licenses and Recommendations of the Alcohol License Advisory Committee. Financial Statement for the month of March 2010. Council President Voskuil stated that all items on the consent agenda would be approved if there were no objections. There were none. Special Recognition: Action on a proposed resolution in commendation of Richard Gilbertson’s 29 years of service to the City of Janesville. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Brunner and passed unanimously. (File Res. No. 2010-687) Action on a proposed resolution recognizing the week of May 16 as “Emergency Medical Services Week.” Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Brunner and passed unanimously. (File Res. No. 2010-701) th Action on a proposed resolution recognizing the week of May 9 as “National Police Week” and th the day of May 15 as “Peace Officers Memorial Day”. Councilmember Brunner moved to adopt said resolution, seconded by Councilmember Steeber and passed unanimously. (File Res. No. 2010-702) Councilmember Steeber invited the public to attend the following events leading up to “Peace Officers Memorial Day:” 1. Janesville Police Department Awards Ceremony to be held April 28, 2010 at 6:30 pm in the Council Chambers. 2. State Memorial Ceremony to be held May 7, 2010 at noon at the State Capital. 3. Rock County Law Enforcement Ceremony to be held on May 12, 2010 at 6 pm at Blackhawk Technical College. OLD BUSINESS 1. Requests and comments from the public regarding items on the agenda not requiring a public hearing. Burdette Erickson, 115 S. High St., Kurt Linck, 118 S. High St., and Margaret Delaney, 439 N. Jackson St., spoke in favor of purchasing 410 N. Pearl St. (NB #6) and 808 W. Holmes St. (NB #7). Ms. Delaney, Marilynn Jensen, 2022 Riverview Dr., representing the Monterey Questers, and Jackie Wood, 119 S. Wisconsin St., spoke in favor of repairing the Tallman House (NB#5). Terry Huber, 1601 Clover Ln., representing Janesville Farmers Market, spoke in favor of waiving special event fee for the Janesville Farmers Market (NB #4). Ty Bollerud, PO Box 3112, asked Council to have staff presentations prior to public hearing. Andreah Briarmoon, 339 S. Locust, spoke against demolition of 410 N. Pearl St. 2. 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 received its second reading and public hearing. Andreah Briarmoon, 339 S. Locust St., asked that the ordinance expand the Historic Overlay District to include the Fourth Ward and Look West neighborhoods. Pat Newlen, 606 E. Court St., and Ty Bollerud, PO Box 3112, spoke against said ordinance. The public hearing was closed. No Council action taken. (File Ord. No. 2010-453) NEW BUSINESS Council President Voskuil moved up New Business Item No. 5. 5. Review and accept Lincoln-Tallman House Exterior Conditions Report and Business Plan for 2010 to 2014. Councilmember Rashkin moved to accept the Lincoln-Tallman House Exterior Conditions Report and Business Plan for 2010 to 2014, seconded by Councilmember Steeber and passed by the following vote: Aye: Brunner, Rashkin, Steeber, and Voskuil. Nay: McDonald and Perrotto. 1. Action on a financial gain request from the Wisconsin Chapter of the Multiple Sclerosis Society for a 2010 Rock River MS Walk on May 2, 2010 at Riverside Park. Councilmember Rashkin moved to approve a financial gain request from the Wisconsin Chapter of the Multiple Sclerosis Society for a 2010 River MS Walk on May 2, 2010 at Riverside Park, seconded by Councilmember Perrotto and passed unanimously. 2. 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. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Rashkin and passed unanimously. (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. Councilmember Rashkin moved to adopt said resolution, seconded by Councilmember Steeber. Councilmember Steeber offered a friendly amendment to have the City Attorney review liability insurance limits before signing the lease. The friendly amendment was accepted by the seconder. The motion, as amended, passed unanimously. (File Res. No. 2010-696) 4. Action on a request to permanently waive the special event fees for the Janesville Farmers Market. Councilmember Brunner moved to waive the special event fees for the Janesville Farmers Market for 2010 only, seconded by Councilmember Rashkin and passed by the following vote: Aye: Brunner, Perrotto, Rashkin, Steeber, and Voskuil. Nay: McDonald. 6. Action on proposed resolution authorizing the acquisition and demolition of 410 North Pearl Street. Councilmember Rashkin moved to adopt said resolution, seconded by Councilmember Steeber and passed unanimously. (File Res. No. 2010-697) 7. Action on a proposed resolution authorizing the acquisition and rehabilitation of 808 West Holmes Street. Councilmember Rashkin moved to adopt said resolution, seconded by Councilmember Steeber and passed unanimously. (File Res. No. 2010-698) 8. Motion to approve Council President recommended Councilmember committee appointments. Council President Voskuil postponed action until May 10, 2010. 9. 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 was introduced, referred to Plan Commission, and scheduled for a public hearing on June 14, 2010. (Revised File Ord. No. 2010-453) 10. Requests and comments from the public on matters which can be affected by Council action. Ty Bollerud, PO Box 3112, asked Council to stop borrowing money, stated people should not go to jail for non-violent crimes, and asked Council to legalize the production, sale, and use of marijuana. Andreah Briarmoon, 339 S. Locust St., asked Council to reconsider demolition of 410 S. Pearl St., asked for recognition for Citizen Committee members, and suggested Councilmembers be non-voting members of committees. 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. Council President Voskuil scheduled a study session for the Milwaukee Street traffic corridor on June 24, 2010 at 5:30 PM. Council President Voskuil postponed scheduling a study session for neighborhood developmental efforts. Councilmember Rashkin asked the Administration to check the operational status of the pedestrian light at Milton and Memorial and requested more fans be put in the Council Chambers. Councilmembers Steeber and Brunner requested a report from staff on returning to the seven year plan for the planned, non-funded sidewalk program. Council President Voskuil asked Administration to investigate the traffic flow at Kettering and Highway 26 and Black Bridge and Milton; informed Council there will be a poverty simulation at the Job Center on May 21, 2010 at 8:15 AM; asked for a review of the retreat goals from last year and asked the Council to consider scheduling another retreat. 12. Councilmember Steeber moved to adjourn, seconded by Councilmember Rashkin and passed unanimously. There being no further business, Council adjourned at 10:30 PM. These minutes are not official until approved by the City Council. David T. Godek Deputy Clerk-Treasurer JANESVILLE CITY COUNCIL LICENSE AGENDA 5/10/2010 RECOMMENDED A. ELECTRICIANS–ORIGINAL Raymond E. Chesmore Jr. 2310 Gatsby Ln., The Villages, FL th Michael G. O’Donoghue 615 N. 79 St., Wauwatosa, WI B. SIGN ERECTOR–ORIGINAL Bauer Sign Company, Inc. W184 S8408 Challenger Dr., Muskego, WI C. SECONDHAND JEWELRY DEALER – ORIGINAL Bay Design Custom Jewelers 1727 Newport Ave. D. CHANGE IN PREMISE TO ALLOW OUTDOOR SEATING (See attached memo and floor plan). Julie L. Kahl d/b/a Juli’s Friendly Tap 1020 Rockport Rd. Loyal Order of Moose #197 2701 Rockport Rd. JTR Holdings, LLC d/b/a Russ’s Park Pl. 1637 E. Racine St. E. ORIGINAL CLASS B INTOXICATING LIQUOR AND FERMENTED MALT BEVERAGE LICENSE Bonnie J. Head d/b/a Tombstone III 721 Center Ave. F. 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±º Ö¿²»ª·´´» Ö»¿² ß²² É«´º Ý·¬§ Ý´»®µóÌ®»¿«®»® CITY MANAGER’S OFFICE MEMORANDUM April 26, 2010 TO: City Council FROM: Maxwell Gagin, Administrative Intern SUBJECT: Action on a Proposed Resolution Recognizing the Days of May 17-21 as “Bike to Work Week” (File Resolution No. 2010-703) Request Council Vice President Perrotto and Councilmember Rashkin asked staff to prepare a resolution recognizing May 17-21, 2010 as “Bike to Work Week.” Staff requests the Council approve a motion to adopt File Resolution No. 2010-703. Staff Recommendation Staff recommends the Council adopt File Resolution 2010-703 recognizing May 17-21 as “Bike to Work Week” in Janesville. City Manager Recommendation City Manager concurs with staff recommendation. Suggested Motion I move the Council approve File Resolution 2010-703 recognizing May 17-21 as “Bike to Work Week” in Janesville. Background On April 20, representatives from the Janesville Velo Club and Rock Trail Coalition came before the Sustainable Janesville Committee and asked for the Council’s endorsement of “Bike to Work Week”, celebrated May 17-21, 2010. Council Vice President Perrotto and Councilmember Rashkin asked staff to prepare a resolution recognizing May 17-21, 2010 as “Bike to Work Week.” The inaugural national “Bike to Work Day” was held in 1956. Since the event’s inception, it has been embraced by businesses and schools across the nation. “Bike to Work Week” is promoted by the League of American Bicyclists and co-sponsored locally by the Janesville Velo Club and Rock Trail Coalition. “Bike to Work Week” promotes greater public awareness of bicycle operation and safety education and encourages bicycling as a fun, healthy and eco-friendly transportation alternative for work and school commuters. Members of the Janesville Velo Club and Rock Trail Coalition will be present to accept this proclamation. CC: Eric Levitt, City Manager Jacob J. Winzenz, Director of Administrative Services/ Assistant City Manager FILE RESOLUTION NO. 2010-703 A Resolution Recognizing the Days of May 17-21, 2010, as “Bike to Work Week” WHEREAS , for more than a century, the bicycle has been an important part of the lives of most Americans; and WHEREAS , today, millions of Americans engage in bicycling because it is a viable and environmentally- friendly form of transportation, an excellent form of fitness and provides a source of quality family recreation; and WHEREAS ,bicycle commuting is an effective means to improve air quality, reduce traffic congestion and noise, and conserve energy; and WHEREAS, bicycling, as well as alternative forms of transportation such as walking, reduce pollution, reduce America’s dependence on non-renewable fuels, and improve the health and well being of all people; and WHEREAS , the Janesville Velo Club, Rock Trail Coalition, and independent cyclists of Janesville promote greater public awareness of bicycle operation and safety education and encourage bicycling as a fun, healthy, and eco-friendly transportation alternative; and WHEREAS , “Bike to Work Week” is a nationwide endeavor to educate the public about the benefits of bicycling and to increase awareness of and respect for bicyclists; and WHEREAS , the “Bike to Work Week” campaign aligns with the values of the City of Janesville’s eco- municipality distinction and sustainable efforts to make our community a better place to live. th NOW, THEREFORE BE IT RESOLVEDby the Common Council of the City of Janesville on this 10 day thnd of May 2010, that the days of May 17 to May 21be observed as “Bike to Work Week,” and call upon all Janesville citizens to participate in cycling activities to whatever extent possible during this week, including cycling to work or school. 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: Council Vice President Perrotto Councilmember Rashkin Prepared by: City Manager’s Office Community Development Department Memorandum May 3, 2010 TO: Janesville City Council FROM: Gale S. Price, AICP, Manger of Building and Development Services SUBJECT: Second reading, public hearing, and action on a proposed Ordinance rezoning property located at 4332 Milton Avenue from R1, Single Family District, to O1, Office/Residence District. (File Revised Ord. 2010-454) Summary Donald Kwarciany who is a contract purchaser has requested a rezoning of property located at 4332 Milton Avenue from R1, Single Family Residential District, to O1, Office/Residence District. The applicant is requesting the rezoning to establish a dental clinic within the existing single family home on the property. Department Recommendation The Plan Commission and Community Development Department recommend that following a public hearing, the City Council support a motion to find the request to rezone property located at 4332 Milton Avenue from R1, Single Family Residential District, to O1, Office/Residence District consistent with the Comprehensive Plan and to approve Revised Ordinance No. 2010-454. City Manager’s Recommendation The City Manager defers to the Plan Commission recommendation. Suggested Motion A motion to find the request to rezone property located at 4332 Milton Avenue from R1, Single Family Residential District, to O1, Office/Residence District consistent with the Comprehensive Plan and approve Revised Ordinance No. 2010-454. Background A. The subject property is a 0.641 acre (27,885 square feet) parcel located at 4332 Milton Avenue. The site is north of the intersection of John Paul Road and Milton Avenue and south of the intersection of Woodcrest Drive and Milton Avenue. The property currently contains a foreclosed, vacant single family home and is proposed to be converted to use as a dental office. In order to convert the home to commercial activity the structure will require remodeling to the extent that it will be gutted for the conversion. The existing attached garage will also be converted to the use instead of being used for vehicle storage. Lastly a ten parking space lot will be included on the property to meet off street parking requirements. B. The zoning classifications and uses surrounding the property include B4, Business Highway District to the northeast, north and west with the exception of one single family home to the northwest zoned R1. The zoning to the southeast and south includes R1, Single & Two Family Residence District. The land uses surrounding the site include commercial uses to the northeast and north. Vacant single family lots are located to the south and southwest with two single family homes also located to the south. Northwest of the site includes non conforming single family homes and an office structure with a bank including a drive thru. C. The newly adopted Comprehensive Plan designations reflect the transitional nature of the site. The subject property is designated as appropriate for office use. The property to the southwest and northeast along the same side of Milton Avenue are designated as appropriate for office use, properties to the southeast and south are designated for single family residence. Property to the north and northwest across Milton Avenue are designated for planned mixed use development and immediately adjacent across Milton Avenue from the site is recommended for a short term implementation with mixed use development which is intended to provide retail on the ground floor and office type uses above. These designations show a decrease in the intensity of uses from the west side of Milton Avenue to the residential uses east of Milton Avenue and within the Fox Hills Subdivision. D. The existing home is a 58 year old, two bedroom structure with a two car garage. The re-use of the house as a dental office will require the extensive rehabilitation of the structure to the extent that plumbing and the interior will be gutted. The garage will be converted from storage to part of the use. In addition to the extensive interior work, the site will be modified to add a 10 vehicle parking lot to meet the off street parking requirements of the Zoning Code. The site includes enough area to accommodate the addition of a parking lot for vehicles of customers and employees. A preliminary plan has been provided by the applicant but that plan includes all parking in the front yard. This will not allow the site to meet the minimum front yard green space requirements and also raises the issue of storm drainage for the site. E. The Comprehensive Plan includes policies that designate this site as being appropriate for office use due to its proximity to commercial development, its location along an arterial street, size of the site, compatibility of the building and property for commercial reuse and the surrounding zoning and land use designations. Although the property is designated for office use, the site is located among a number of other land use designations. Subsequently the site can be considered as a “transition” location between Milton Avenue, the higher intensity commercial development planned along the west side of Milton Avenue and the low density residential development to the east. The Comprehensive Plan includes guidelines and policies that promote such transitions between land uses and depending upon the appropriateness of the site for the particular designation. The following policies are found within the Comprehensive Plan which would be applicable: a. Provide for some flexibility in land use designations in areas planned for non- residential development to accommodate a range of commercial, industrial and office development. b. Plan for logical transitions between potentially incompatible land uses and avoid locating potentially conflicting land uses adjacent to each other. Require that potentially incompatible uses are buffered from one-another through the use of landscaped buffers, open space uses, or transitions of less-intensive uses. c. Promote expansion of the current economic base of Janesville by accommodating non-residential land uses and employment based land uses consentient with the areas identified for commercial, office and industrial and mixed use development. d. Allow some flexibility in determining the mix of commercial, industrial and office uses in areas designated within any of the Future Land Use categories, per the review and discretion of the City Plan Commission. Plan Commission Public Hearings The Plan Commission opened the public hearing on the case on April 19, 2010 and heard written and verbal testimony regarding the case from property owners adjoining the site to the south. Those property owners have experienced flooding of their rear yards for the past two springs and the neighbors were concerned about the increase stormwater runoff that would be created with the addition of parking for the office conversion of the home. Staff recommended for that meeting that the Commission open the hearing and continue the case until its May 3, 2010 meeting to allow Staff additional time to work through a solution of the potential impacts of the Highway 26 expansion and the rezoning with the Wisconsin Department of Transportation. Between the hearing dates, the Community Development and Engineering staffs reviewed the Wisconsin Department of Transportation plans for improvements along Highway 26. The plans include re-creation of the grass median within the middle of the highway and creation of a frontage road to the north line of the adjoining shopping center. Across the front of the shopping center and the front of the subject property, a private driveway within the DOT right-of-way will be constructed. That driveway would generally drain two the south, to the lot own by DOT. Much of this additional pavement will be offset by the re-creation of the HWY 26 median. An 18 inch storm sewer currently exists at the southernmost corner of the existing shopping center to the north. This sewer can be extended to the subject property to capture stormwater from a new parking area. Staff recommended that the parking lot be constructed on the north and east side of the building on the subject property so that a detention area can be created to capture the new stormwater and detain it on site. The water will then be outlet through the storm sewer system. Included in the recommendation from staff was a requirement for a 20 foot storm sewer easement to be dedicated along the back property line to extend storm sewer to the DOT property further south. This will allow that area to drain and reduce the amount of stormwater arriving at the rear yards of the houses along Fox Hills Drive. The extension of the storm sewer improvements to the DOT property will be done when the Highway 26 improvements are constructed which at this time is scheduled for 2012. These improvements will be paid for by DOT. Plan Commission Minutes April 19, 2010 Gale Price, Manager of Building & Development Services, presented the written staff report. Staff indicated that since the public hearing for this item was advertised, the Plan Commission would need to open it up for public hearing but that there were issues that staff felt needed to be resolved prior to approval and therefore the public hearing should be continued to the next Plan Commission Meeting. Chairperson Helgerson questioned if there was evidence that the flooding on the neighboring residential property was coming from the Milton Avenue side of the property. Price indicated that the shopping center drains to the ditch which eventually drains to the south where some water goes to the low spot behind the subject property. There is an equalizing pipe under Milton Avenue which drains to the west, so when both sides of the ditch in Milton Avenue are full the overflow will end up in the rear yard of the subject property and the house behind it. The thought is to extend storm sewer into the low area to drain the area. Commissioner Hanewold arrived. Commissioner Werner asked if the future intent was to close access to and from Highway 26 and Cantrell stated that would happen in the long term and at that point, access to this particular property would be through an extension of the frontage road in front of the apartment complex. The public hearing was opened and the following persons appeared to speak regarding this item: ? Edward Chady, 4329 Fox Hills Drive, stated that he and his neighbors had provided the information and pictures attached to the Plan Commission report on this item. He indicated that a dental office would be a preferred use to the deteriorating vacant home that is currently on the property but he had concerns about storm water management in the area. He stated that he doesn’t believe the property itself is responsible for the storm water problem but that the strip mall to the north did not put in a storm water system with it’s parking lot so it started draining south onto his property. He doesn’t want the situation to get any worse and is willing to work with the city to do anything to make the situation better. Commission Zolidis asked how often Mr. Chady’s property floods and he indicated that there is flooding anytime there is more than an inch of rain in a 24-hour period, that the flooding is worse in the Spring and that there isn’t any water in his basement due to the flooding and he just doesn’t want that to change. Chairman Helgerson stated that the public hearing would be continued to the May 3 Plan Commission Meeting. Commissioner Perrotto asked who would bear the cost if corrective storm water action was taken. Price stated that the petitioner would have to pay for majority of the cost that it wouldn’t be a public cost but instead it is usually taken care of by the developer of the land. Price indicated that he would bring that information back to the Plan Commission. May 3, 2010 Gale Price, Manager of Building & Development Services, presented the written staff report. The public hearing was opened and the following persons appeared to speak. ? Donald Kwarciany, 2601 O’Hara Drive, petitioner, stated that he has been made aware of and is concerned about the water problem and feels that the City has a good solution to the problem. Chairperson Helgerson asked if Mr. Kwarciany agreed with the City’s solution to the water problem and he indicated that he did. ? Edward Chady, 4329 Fox Hills Drive, asked if the intent would be to divert and prevent the water from traveling south and east into the residential area and also stated that he felt it would be beneficial if the storm water extension to the DOT property could be done at the same time. Price answered that the plan does not include diversion of storm water out of ditch. Cantrell added that ultimately the manhole will be extended into the storm sewer to the DOT property and provide another catch basin inlet so water will be captured and drain rather than flooding nearby properties. He continued that funds are obligated for the DOT Highway 26 improvements for 2012 but the City could possibly work with the DOT to do the improvement at a certain price and then be reimbursed. Chairperson Helgerson stated that although she would not want to see the City wait two years for reimbursement, it does make sense to do the whole project all at once. She also stated concerns regarding the removal of trees and stated that the vegetation is a nice barrier between residential properties and the highway and that care should be taken to reduce as little vegetation as possible. Price agreed and stated that it will benefit the petitioner to reserve as many trees as possible to off-set the landscaping requirements and that there will need to be a landscape screen installed between the business and the residences. Commissioner Werner asked for confirmation that if the project was implemented in phases, that the first phase would not create a worse flooding situation for the nearby residences. Price stated that the first phase would capture storm water run-off from the lot and not create an additional impact. Commissioner Voskuil asked if nearby neighbors could be notified about the project prior to the arrival of heavy equipment and tree removal so they are aware of what is going on. Both neighbors were in attendance at the meeting. The public hearing was closed. There was a motion by Commissioner Voskuil with a second by Commissioner Werner to forward the proposed rezoning to the City Council with a favorable recommendation. The motion carried on a 4-0-0 vote. Fiscal Impact This request involves a change in Zoning of an R1-Zoned parcel to O1 for the purpose of establishing a small dental clinic in an existing, vacant single family home. The subject property includes an existing 58 year old home with frontage on a major state highway. The property includes commercial uses to both the north and the south with a mix of commercial and non-conforming residential uses to the west side of Highway 26. Staff believe that the proposed office use of the site provides a reasonable transition between the higher intensity commercial uses along the west side of Highway 26 and the residential uses to the east and within the Fox Hills Subdivision. The rezoning should result in a positive fiscal impact since conversion to commercial use and the re- investment in the property will likely increase the assessed value. c: Brad Cantrell REVISED ORDINANCE NO. 2010-454 An ordinance changing the zoning classification of 4332 Milton Avenue from R1, Single Family Residence District, to O1, Office/Residence District, with a penalty and injunctive relief for a violation thereof as set forth in JGO 18.28.010. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. The zoning classification of the following described property is hereby changed from R1, Single Family Residence District, to O1, Office/Residence District: th Part of the East ½ SW. ¼ of Section 8, T.3N., R.13E. of the 4 P.M., Rock County, Wisconsin described as follows: Commencing at the intersection along the north-south centerline of said Section 8 and southeasterly right-of-way of USH 26 (Milton Avenue); thence southwesterly along said right-of-way 519 feet o more or less to the point of beginning; thence S.3542’40”E. 146 feet more or o less, thence southwesterly 195 feet; thence N.3542’40”W. 140 feet more or less to USH 26 right-of-way; thence northeasterly along said right-of-way 198 feet more or less to the point of beginning. SECTION II. The rezoning approval is subject to and conditioned upon each and every of the following conditions: 1. The petitioner is required to pay in advance for the construction of the extension of storm sewer from the sewer’s current terminus at the southern corner of the property directly adjoining and north of the subject property to the southeast corner of the subject property. 2. The petitioner is required to dedicate a twenty foot (20’) public drainage easement along the rear line of the subject property to allow future extension of the storm sewer to the Wisconsin Department of Transportation lot directly adjoining and south of the subject property. 3. That a landscape plan is approved by the Site Plan Review coordinator providing screening of sufficient size and density to screen the subject property’s proposed parking lot from the residential neighbors to the south. SECTION III. This ordinance shall take effect immediately upon adoption by the Common Council, the public health, welfare, peace, tranquility, good order, public benefit, and police power so requiring. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner McDonald Eric J. Levitt, City Manager Perrotto Rashkin ATTEST: Steeber Truman Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: City Attorney, Wald Klimczyk Proposed by: Applicant Prepared by: Community Development Department Îï Óï Þì Îï Ñï Þì ÎíÓ ÍËÞÛÝÌ Í×ÌÛ Îï Þì q ÍËÞÖÛÝÌ Í×ÌÛ Ô»¹»²¼ Îï Í·²¹´»óÚ¿³·´§ ú Ì©± Ú¿³·´§ Î»·¼»²½» Ü·¬®·½¬ Ñí Ò»·¹¸¾±®¸±±¼ Ñºº·½» Ü·¬®·½¬ Óï Ô·¹¸¬ ×²¼«¬®·¿´ Ü·¬®·½¬ ÎïÜ Ì©± Ú¿³·´§ Î»·¼»²½» Ü·¬®·½¬ Þï Ò»·¹¸¾±®¸±±¼ Ý±²ª»²·»²½» Ü·¬®·½¬Óî Ù»²»®¿´ ×²¼«¬®·¿´ Ü·¬®·½¬ Îî Ô·³·¬»¼ Ù»²»®¿´ Î»·¼»²½» Ü·¬®·½¬ Þî Ý±³³«²·¬§ Í¸±°°·²¹ Ü·¬®·½¬Óí Ý»²¬®¿´ Ô·¹¸¬ ×²¼«¬®·¿´ Ü·¬®·½¬ Îí Ù»²»®¿´ Î»·¼»²½» Ü·¬®·½¬ Þí Ù»²»®¿´ Ý±³³»®½·¿´ Ü·¬®·½¬Óì Ý»²¬®¿´ Ù»²»®¿´ ×²¼«¬®·¿´ Ü·¬®·½¬ Ü¿¬»æ íñèñðç ÎíÓ Ó»¼·«³ Ü»²·¬§ Î»·¼»²½» Ü·¬®·½¬ Þì Þ«·²» Ø·¹¸©¿§ Ü·¬®·½¬ß ß¹®·½«´³¬«®¿´ Ü·¬®·½¬ Îì Ý»²¬®¿´ Î»·¼»²½» Ü·¬®·½¬ Í½¿´»æ ïþã íððù Þë Ý»²¬®¿´ Þ««·²» Ü·¬®·½¬ Ó Ó·²·²¹ Ü·¬®·½¬ Ñï Ñºº·½» ñ Î»·¼»²½» Ü·¬®·½¬ Þê Ý»²¬®¿´ Í»®ª·½» Ü·¬®·½¬ Ý Ý±²»®ª¿²½§ Ü·¬®·½¬ Ó¿° Ý±±®¼·²¿¬»æ Ðóîî Ñî Ý»²¬®¿´ Ñºº·½» ñ Î»·¼»½» Ü·¬®·½¬ ÞÌ Þ«·²» Ì»½¸²±´±¹§ Ü·¬®·½¬ ÔÑÝßÌ×ÑÒ ñ ÆÑÒ×ÒÙ ÓßÐ Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ ÎÛÆÑÒ×ÒÙ ÑÚ ÐÎÑÐÛÎÌÇ ßÌ ÓßÐ ï ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ ìííî Ó×ÔÌÑÒ ßÊÛÒËÛ ÍæÐ®±¶»½¬ÄÐ´¿²²·²¹ÄÝ¿»ÄÐóîîÁÎ»¦±²»óìííîóÓ·´¬±² Community Development Department Memorandum Date: May 5, 2010 TO: Janesville City Council FROM: Gale Price, AICP, Manger of Building and Development Services SUBJECT: Action on a proposed Resolution granting a temporary limited easement for an encroachment of installation of ventilation equipment and facade construction for O’Rileys & Conway‘s Tavern, 214 West Milwaukee affecting property at 200 West Milwaukee Street (File Resolution No. 2010- 699) _____________________________________________________________________ Summary Ed Quaerna owner of O’Rileys & Conway’s Tavern and Joe Quaerna owner of the property located at 214 West Milwaukee Street (location of the tavern) have requested a temporary limited easement for the installation of ventilation equipment and façade construction at 214 West Milwaukee Street. The proposed temporary limited easement will allow for installation of a cooking hood fan out of the east side of the building and to allow the wood façade treatment on the eastern side of the building. The easement is proposed to be temporary in nature since the City owns the adjoining property to the east. City Manager’s Recommendation The City Manager defers to the Plan Commission recommendation. Suggested Motion Move to adopt File Resolution No. 2010-699, granting a temporary limited easement for encroachment of and installation of ventilation equipment and façade construction for O’Rileys & Conway’s Tavern, 214 West Milwaukee Street affecting property at 200 West Milwaukee Street. Background A. O’Rileys & Conway’s Tavern is a new commercial use located in the lower level of the structure located at 214 West Milwaukee Street in the downtown area. The tavern is a complete rehabilitation of a space occupied by a previous tavern within the building. The rehabilitation of the building and space includes the installation of a new commercial kitchen to serve food for customers. As a part of the new kitchen, new ventilation equipment is necessary to expel grease laden fumes from the space and to meet the requirements of the Wisconsin Commercial Building Code. B. The installation of the ventilation equipment includes a cooking hood over a grill connected to a commercial hood fan that vents to the outside. Because there is an existing tenant in the upper floor of the building the applicant cannot extend the hood duct up through the space, thus they either need to extend the duct out of the back and up the rear of the building or directly out through the of east wall, which will not require extension of duct work up the side of the building. Because the property line between 214 West Milwaukee and 200 West Milwaukee is at the exterior wall of 214 West Milwaukee, an easement to allow the encroachment is required. That easement would be temporary in nature to prevent any structural encroachment within 10 feet of the hood fan. C. In addition the exterior wood façade treatment at the southeast corner of the building also needs an easement because the façade and lights cross the property line between the two properties. Such treatments are permitted by the Wisconsin Commercial Building Code, but also needs to be specifically permitted under an easement if it is to cross the property line. D. The commercial building code allows such encroachments to occur when there is an easement in place to protect the parties. In this case the easement is broken down into two sections. A 13 foot by 26 foot easement at the northeast corner of the tavern property for the hood fan and a 3 foot by 23 foot easement at the southeast corner of the tavern property to address the wood façade treatment. The 13 foot dimension for the fan encroachment is identified since the clear area around the hood fan must be 10 feet beyond the hood fan, which is 3 feet in length. E. The easement is temporary in nature to protect the City’s interest in the real estate at 200 West Milwaukee. If the City or later owner was to redevelop the property with a building that extended up to the property line and the exterior of the building, a permanent easement would prevent any building from being within 13 feet of the exterior of the building where the hood is. With this temporary easement the City can require the owner of 214 West Milwaukee Street to remove the hood fan within 90 days of a written request of the City and the owner of 214 West Milwaukee must relocate it within the requirements of the Wisconsin Commercial Building Code. Since the easement is temporary in nature and no City assistance has been given to the project, the City will not charge a fee for the easement. The easement will not affect the parking within the lot as that activity does not qualify as a “structure” and is permitted to continue. F. The Plan Commission and Community Development Department believes that the proposed easement creates a reasonable solution to the tavern owners need to meet the code requirements while protecting the public interest as the City owns the adjoining property at 200 West Milwaukee. The Plan Commission at its May 3, 2010 meeting determined that the granting of the requested easement for the encroachment is consistent with City Plans and unanimously voted (4-0) to forward a positive recommendation for its approval to the City Council. Plan Commission Minutes May 3, 2010 Gale Price, Manager of Building & Development Services, presented the written staff report. There was discussion regarding similar wall situations that may arise in the future and responsibility for the maintenance of those walls. Chairperson Helgerson mentioned that the owner of the building should clean the vent from the upstairs restaurant. She added that for aesthetic purposes, the new vent should be lined up with the current vent and Price indicated that the intended position of the new fan will be underneath the other one in the same area but that there needed to be 10 feet of clearance between the two. There was a motion by Commissioner Perrotto with a second by Commissioner Voskuil to forward this item to the City Council with a favorable recommendation motion. The motion carried on a 4-0-0 vote. cc: Brad Cantrell RESOLUTION NO. 2010-699 A resolution granting a temporary limited easement for the encroachment of ventilation equipment and facade construction for O’Rileys & Conway ‘s Tavern, 214 West Milwaukee over City of Janesville owned property at 200 West Milwaukee Street (File Resolution No. 2010-699). WHEREAS , the City of Janesville, a Wisconsin Municipal Corporation located in Rock County, Wisconsin, is the owner of certain real property located at 200 West Milwaukee Street desires to grant the temporary limited encroachment easement as described in attached Exhibit A; and WHEREAS , Joseph T. Quaerna and Amy Lou Quaerna, owners of the real estate located at 214 West Milwaukee Street, and Ed Quaerna owner of the first floor tavern business use at that location, have requested that the City of Janesville grant to the property owner a temporary limited encroachment easement over the City’s property located next door to the east to facilitate their installation and use of a cooking hood fan ventilation equipment and east exterior wooden façade treatment construction for O’Rileys & Conway’s Tavern; and WHEREAS , the City Community Development staff have determined that the location and grant of this proposed easement do not conflict with the current or planned future use of city-owned lands in the easement area; and WHEREAS , the easement is revocable and may be fully and forever terminated by the City, at no cost or expense to the City, at any time upon written notice from the City to the current or future owner of the real property located at 214 West Milwaukee and the tavern owner in Suite 100 at 214 West Milwaukee Street will be required to remove the hood fan and wood façade treatment encroachments from the east wall of 214 West Milwaukee Street at their own expense. Furthermore the hood fan shall be required to relocated in accordance with the Wisconsin Commercial Building Code and the exterior wall returned to a code compliant fire wall, all at the total cost and expense of the owner of 214 West Milwaukee Street and/or the owner/operator of the tavern located at 214 West Milwaukee Street, Suite 100; and WHEREAS ; the redevelopment of Suite 100 within 214 West Milwaukee Street represents a significant investment in the property without City assistance and since the easement is temporary nature, the City shall not require payment for the easements covering the encroachments as described but such development and investment creates no current or future liability of any kind for the City; and WHEREAS , the Janesville Plan Commission, pursuant to Section 62.23, Wisconsin State Statutes, reviewed the granting of the easements to Joseph T Quaerna and Amy Lou Quaerna and found the easement to be consistent with City Plans but did not review the financial aspects of the transaction; and WHEREAS , providing these easements are in the best interest and of benefit of the City and its residents and businesses. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF JANESVILLE that the City of Janesville hereby grants the easements to Joseph T. Quaerna and Amy Lou Quaerna as described in Exhibit A attached hereto and made a part hereof; and BE IT FURTHER RESOLVED that the City Manager and City Clerk of the City of Janesville are hereby authorized to negotiate, draft, enter into, and execute, on behalf of the City of Janesville, the proposed easements between the City and Joseph T. Quaerna and Amy Lou Quaerna, and prepare and file such other documents, forms, and papers pertaining to this transaction as the City Manager may, from time to time, find necessary or desirable to effectuate the intent of this resolution and/or easements. ADOPTED: Motion by: Second by: Council member Aye Nay Pass Absent APPROVED: Brunner McDonald Perrotto Eric J. Levitt, City Manager Rashkin Steeber ATTEST: Truman Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: City Attorney Proposed by: Community Development Prepared by: City Attorney & Community Development J:\Attorney\Word\Shared\Resolution easement ORiley & Conway 2010-699.doc EXHIBIT A ATTACHMENT TO RESOLUTION NO. 2010-699 TEMPORARY LIMITED EASEMENT FOR AN ENCROACHMENT OF INSTALLATION AND VENTILATION EQUIPMENT AND FACADE CONSTRUCTION FOR O’RILEYS & CONWAY ‘S TAVERN, 214 WEST MILWAUKEE LEGAL DESCRIPTION Easement Area 1: The Grantor shall grant a 13-foot wide Temporary Limited non- exclusive easement for an encroachment for the installation of ventilation equipment within the following described area: Easement located in the Northwest ¼ of Section 36 Town 3 North, Range 12 East, Rock County, Wisconsin, more particularly described as follows: Beginning at the Northeast corner of lot 101 of Smith-Bailey & Stones Addition to the City of Janesville proceed 9 feet west and south along said north line of lot 101 to the point of beginning, thence proceed 13 feet west and south along said north line of lot 101 to a point thence proceed south and east approximately 41 feet on a line parallel to the east line of said lot 101 to a point thence proceed 13 feet east and north along a line parallel to the south line of said lot 103 to a point thence proceed north and west to the point of beginning approximately 41 feet, excluding the northern 15 feet of said lot 101. Easement Area 2: The Grantor shall grant a 3-foot wide Temporary Limited easement for an encroachment and installation of façade treatment within the following described area: Easement located in the Northwest ¼ of Section 36 Town 3 North, Range 12 East, Rock County, Wisconsin, more particularly described as follows: Beginning at the Northeast corner of lot 101 of Smith-Bailey & Stones Addition to the City of Janesville proceed 22 feet west and south along said north line of lot 101 thence 121 feet south and east along the west line of lot 101 and lot 103 of Smith-Bailey & Stones Addition to the City of Janesville to the point of beginning, thence proceed 23 feet along said west line of lot 103 to a point being on the south line of lot 103 of Smith- Bailey & Stones Addition to the City of Janesville, thence proceed 3 feet north and east along the south line of said lot 103 to a point, thence proceed 23 feet north and east on a line parallel to the east line of said lot 103 to a point, thence proceed 3 feet south and west on a line parallel to the south line of said lot 103 to the point of beginning. CDDM OMMUNITY EVELOPMENT EPARTMENT EMORANDUM May 3, 2010 TO: Eric Levitt, City Manager FROM: Terry Nolan, Associate Planner RE: Action on a Proposed Resolution Authorizing Acceptance of a Safe Routes to School Plan for Janesville (File Resolution No. 2010-705). Request The Community Development Department requests City Council approve File Resolution 2010-705 which accepts the Safe Routes to School Plan, recently completed using a grant through the Wisconsin Department of Transportation (WisDOT), in the amount of $20,000. Recommendation The Community Development Department recommends the City Council adopt File Resolution No. 2010-705, accepting the 2010 Safe Routes to School Plan. City Manager Recommendation The City Manager concurs with the recommendation. Background Information In October of 2007, the City received a Safe Routes to School Planning Grant in the amount of $20,000. No local match was required to receive these funds. The Janesville Area Metropolitan Planning Organization coordinated the planning effort with the assistance of a task force consisting of city staff, the Janesville School District, parents, and community members. To fulfill the requirements of the WisDOT grant, baseline data was collected in three ways: an opinion survey was sent to all parents of elementary and middle school age children, teachers conducted a survey to determine the travel mode of students, and parent volunteers examined the environment around schools for deficiencies and dangers. Three public meetings were held during the process to develop recommendations to improve conditions in the areas of education, encouragement, enforcement, and engineering. The Safe Routes to School Task Force met multiple times to analyze results and feedback from the public and to develop broad recommendations that are consistent with existing plans and policies. The completed Plan was presented to the public on April 28, 2010. Discussion The intent of the Safe Routes to School Program is to promote healthy habits in children, increase pedestrian activity, and ensure safety for children walking and biking to and from school. These goals are accomplished through modifications to the physical environment (infrastructure improvements), educational activities, encouragement activities, enforcement, and evaluation of the current environment and situation. The recommendations contained in the Safe Routes to School Plan are eligible to be funded through future WisDOT Safe Routes to School grants, as well as other bicycle and pedestrian funding sources. More information regarding the Safe Routes to School Plan is provided in the attached executive summary. Terry Nolan, associate planner, and Mat Haeger, Janesville School District Manager of Health Services and Safety, will be providing an informational presentation on the Safe Routes to School Program and study. Following the presentation, it would be appropriate for the City Council to accept the Plan as proposed by resolution No. 2010- 705. It is important to note that Council acceptance of the Safe Routes to School Plan does not commit the City of Janesville to fund or accomplish those projects identified in the Plan. However, acceptance of the Plan does allow the City to become eligible for future Safe Routes to School grants. All infrastructure improvement projects must be individually reviewed and approved by the City Administration and City Council as to funding and priority. RESOLUTION NO. 2010-705 Resolution accepting the 2010 Safe Routes to School Plan for Elementary and Middle Schools in Janesville WHEREAS, the Common Council of the City of Janesville recognize the benefits of creating safe routes for children to walk and/or bike to and from school; and WHEREAS, the Wisconsin Department of Transportation provided the City a $20,000 grant to create a Safe Routes to School Plan; and WHEREAS , the Janesville Area Metropolitan Planning Organization developed a Plan entitled “Safe Kids, Fit Kids: A Safe Routes to School Plan for elementary and Middle Schools in Janesville, Wisconsin” , which was developed with the assistance of a Task Force consisting of officials from the City of Janesville, Janesville School District staff, parents, and community members; and WHEREAS , development of the Plan involved opportunities for public input and participation throughout the plan preparation process; and WHEREAS, the Plan identifies barriers for children walking and biking to and from school, and other destinations; and WHEREAS, the Plan recommends improvements in the areas of encouragement, education, enforcement, and engineering to address identified issues and barriers to walking and biking to and from school, and other destinations; and WHEREAS , the recommendations contained in the Plan are consistent with existing City plans and policies, including the City of Janesville Comprehensive Plan and Janesville Area Long Range Transportation Plan; and WHEREAS ; completion of the Plan makes such recommendations eligible for future Wisconsin Department of Transportation Safe Routes to School funding, as well as other bicycle and pedestrian grant programs; and WHEREAS, the Common Council find that acceptance of the Safe Routes to School Plan is in the best interest of the city and of benefit to the community. NOW THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF JANESVILLE, WISCONSIN, that said Common Council hereby accept the 2010 Safe Routes to School Plan for Elementary and Middle Schools in Janesville. RESOLUTION NO. 2010-705 Page 2 ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner McDonald Eric J. Levitt, City Manager Perrotto Rashkin ATTEST: Steeber Truman Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Community Development Department Prepared by: Community Development Department City Of Janesville Safe Kids, Fit Kids: A Safe Routes to School Plan for Elementary and Middle Schools in Janesville, Wisconsin Executive Summary Prepared By: Terry Nolan, Associate Planner/MPO Coordinator (present) Alexis Kuklenski, Associate Planner/MPO Coordinator (past) Introduction The Safe Routes to School Program in Janesville aims to safeguard children while encouraging them to walk and bicycle to school. Like other communities, Janesville struggles with motor vehicles clogging roads, motor vehicle emissions polluting the environment, fewer children walking to school, and more children engaging in less physical activity overall and growing overweight. The SRTS Plan encourages physical activity as an integral part of a child’s daily routine. Safe Routes to School initiatives assume that teaching children the importance and pleasure of walking and bicycling to and from school may help to increase the likelihood that they will engage in other forms of physical activity. Safe Routes to School accomplishes goals through policy development, improvements to streets and sidewalks, education and encouragement of children and parents, and increased enforcement of traffic laws. Programs can include: ? Walking and biking audits to determine the safety of streets around schools ? Programs to improve sidewalk conditions near schools ? Use of traffic calming devices to slow traffic and give pedestrians priority ? Programs that educate children on walking and biking safely, and challenge them to walk or bike often ? "Walking school buses" in which one or two parents or volunteers escort a group of children on the walk to school ? Increased traffic enforcement around schools ? School construction that includes renovation and improvement of existing schools, and locating new schools to reduce walking hazards and avoid major traffic threats ? Cooperation among school officials, law enforcement officials, and transportation planners. Existing Conditions Janesville is a typical American city in terms of low rates of walking and biking and a high rate of personal vehicle use. In a 2001 national survey, 16% of children walked to and from school. Data collected during the spring of 2009 revealed 18% of Janesville elementary and middle school children walked to and from school. Janesville has a relatively good network of sidewalks, on and off-road bicycle facilities, and transit. Many plans exist to improve the travel environment. Identifying Safety Issues A survey of all parents conducted in the spring of 2009 identified barriers to allowing children to walk or bike to school. Respondents most often chose distance (54%). Other popular choices were speed of traffic (49%), volume of traffic (48%), crossings and intersections (51%) and weather (49%). Not surprisingly, Janesville residents are more concerned with harsh weather i conditions. Average temperatures are below 30F degrees for three months each school year. Janesville parents are much more concerned with crime (43%) than the rest of the nation (12%). This fear was often communicated in the comments section of the parent survey and crime was also a topic during public meetings. Parents are worried about “stranger danger” as well as bullying from older kids. Blog comments on a news article and informal poll by the Janesville Gazette reflected a fear of crime. Recommendations Education Education is one of the complementary strategies in a Safe Routes to School (SRTS) program. Education activities include teaching pedestrian, bicyclist and traffic safety and creating awareness of the benefits and goals of SRTS. In Janesville, there are many existing policies and programs to educate children about safety. After review, the SRTS Task Force recommends the expansion of several successful programs and the revival of a program that had been unfunded in the past. Due to the heightened sense of fear in Janesville, education will focus on personal safety and protection from “stranger danger”. Recommendation 1: Launch public education campaign to promote safety and health Education will focus on community wide issues like stranger danger and traffic safety around schools. The campaign will also use health statistics to promote walking and bicycling as a healthy alternative to driving. Recommendation 2: Expand bike rodeo program The Janesville Police Department currently holds an annual bike rodeo at Wilson Elementary School. The event is open to all students; however most participants come from the neighborhood. Funding for the program comes from donations. As funding becomes available through fundraising and grants, the Janesville Police Department will hold additional events at schools around the city. Recommendation 3: Integrate bicycling safety into physical education curriculum using school owned bicycle fleets Marshall Middle School is the only school in the district to own a fleet of bicycles used during physical education classes. The School District will expand this program to include elementary schools. Bicycle fleets may be shared between schools and maintained by a private contractor. Recommendation 4: Revive Safe House Program The Safe House Program was once an active program in Janesville. The Janesville Police Department has recently regained the capacity to run the program. The Janesville Police Department will coordinate with other city staff, School District, and PTA to identify safe houses and educate the public about the program. Chaperones participating in the Walking School Bus Program will be asked if they would like to have their house identified as a “safe house”. Encouragement While encouragement dovetails with engineering and enforcement, it is most closely linked to education strategies. Janesville strategies may not be easily characterized as strictly encouragement or education. Encouragement comes during and after education. The SRTS Task Force will coordinate and support individual schools as they implement its recommendations. Recommendation 5: Participate in International Walk to School Day Promotion and organization of Walk to School Day will begin in the spring and will continue through summer in order to raise the awareness of the event. The event will be advertised on websites, radio, newspaper, in newsletters, at community events, and at other school events. Parents will receive a permission slip that encourages participation by both students and parents. Walk to School Day advertising will include information about the Safe Routes to School movement as well as Janesville specific plan elements, such as the Walking School Bus Program. Recommendation 6: Implement Walking School Bus Program The first step to developing a Walking School Bus Program will be to update individual school safe walking route plans. Task Force members will work with principals and others, as applicable, at each school to update plans. One of the key objectives will be to use the planning process as a way to find parents and volunteers interested and available to be chaperones of the Walking School Bus. Plans will be developed using results from school audits, travel data, parent surveys, and other observations. The Walking School Bus Program will be piloted at one or more elementary schools. Once the program has been established, it will be used as the model to expand the Walking School Bus to other schools. Adding a Bicycle Train into the program is a long term future goal. Recommendation 7: Encourage children to safely walk/bike through rewards and promotion An important aspect of getting children to walk/bike is restoring the “cool” factor. Strategies may include poster contests, class competitions, and highlighting teachers who walk/bike to school. Small rewards such as stickers or gift cards are inexpensive but effective motivators that can be used at the discretion of schools and teachers. Education will be an important component of the encouragement program. The focus will be on pedestrian and bicycling safety. Children will be rewarded when they follow proper precautions around the schools. Enforcement The Janesville Police Department enforces traffic laws around schools in response to requests or complaints. Due to limited police department resources, an increase in enforcement is a challenge. Currently, coordinated efforts focus on targeting key areas and times with consistency of enforcement dependent on individual principals. Turnover in personnel at the school level often means change in policy and level of enforcement for that school. Students and parents must then accommodate any changes. Recommendation 8: Consistently enforce traffic circulation and no parking rules around schools The City Engineering Department will continue to work with individual schools to update and refine traffic circulation and parking policies that safeguard pedestrians. The Janesville Police Department will work with schools to perform targeted patrol of problem areas and ticket offenders. Recommendation 9: Purchase pole mounted speed indicators The City of Janesville will place speed indicators along roads susceptible to speeding. Placement should be determined through coordination by the City Engineering Department, Transportation Committee, Janesville Police Department, and School District. Engineering Engineering solutions can be the most costly “E” but can have dramatic lasting effects in terms of safety. Engineering requires a long time horizon to plan and execute. Area- specific engineering devices which modify existing infrastructure require careful study before implementation. Engineering changes to the physical environment may require policy changes, such as, revision of a city ordinance. Recommendation 10: Upgrade signage in school zones School audits showed that signage was lacking, obstructed, or faded. The City of Janesville will install highly visible signs, paying particular attention to areas identified during audits. Recommendation 11: Support Pedestrian Transportation Corridor Plan Within the context of the existing Pedestrian Transportation Corridor Plan, the City of Janesville should prioritize sidewalk maintenance and construction in areas near schools. Recommendation 12: Evaluate the use of traffic calming devices along roads susceptible to speeding Traffic calming devices such as bump-outs, lane narrowing or lane reduction may be considered in school zone areas where traffic is moving at an unsafe speed. Recommendation 13: Promote bicycle facilities near schools Within the framework of the existing Janesville Area Bicycle and Pedestrian Plan, which identifies future bicycle facilities, the city should prioritize bicycle/pedestrian off-road trails and on-road bicycle lanes along school routes. Planning should emphasize connecting schools to trails and bicycle lanes. Recommendation 14: Design streets for the pedestrian/bicyclist The City of Janesville will follow Wisconsin Complete Streets Law SECTION 1918gr. 84.01 (35) when constructing or reconstructing roads using state or federal funding. Complete streets are designed and operated to enable safe access for all users. Pedestrians, bicyclists, motorists, and public transportation users of all ages and abilities are able to safely move along and across a complete street. Recommendation 15: Support recommendations of the School District’s Traffic Safety Committee (2006) The Traffic Safety Committee, which had many of the same participants as Safe Routes to School planning, made sound recommendations based on careful observation and deliberation. Any recommendations that have yet to be instituted by the School District, City, or Police Department should be considered in the future. Recommendations may be found in Appendix D. Evaluation Recommendation: Survey parents Using the parent survey developed by the National Center for Safe Routes to School, parents should be surveyed once or twice per year in order to evaluate how perceptions of walking and biking have changed over time. The Janesville Area MPO will coordinate the distribution and collection of surveys to schools; although, individual schools will choose the method of distribution to parents. Schools may consider sending a paper survey home in backpacks, or use the newly developed online version. Recommendation: Survey students Using the student tally developed by the National Center for Safe Routes to School, teachers at each school should record their students’ methods of travel to and from school for one week in the fall and one week in the spring each year. The Janesville Area MPO will coordinate the distribution and collection of surveys to schools, and all data will be reported to the National Center for Safe Routes to School. The survey will help measure the success of SRTS initiatives. Recommendation: Audit schools An audit of the environment around every elementary and middle school should be completed once each year to evaluate the effectiveness of safety initiatives. The audit will focus on a ¼ mile radius around each school, and will review facilities on and near school grounds from sidewalks, to bicycle racks and entrances. Auditors will also evaluate car, bus, and bicycle/pedestrian traffic circulation around the schools during drop off and pick up times. City staff will provide materials and training to parents for auditing schools. Action Plan The City and School District will work in partnership with the PTA, school principals, business community, trail user groups, and at large community to execute the recommendations of the plan. i Weatherbase. Accessed 1/14/2010 at www.weatherbase.com. CITY MANAGER’S OFFICE MEMORANDUM May 3, 2010 TO: City Council FROM:Thomas E. Malone, Management Analyst SUBJECT: Water Conservation Plan Request During the approval process for the last water rate increase, Clean Wisconsin intervened to promote water conservation. In negotiations with Clean Wisconsin, the City agreed to prepare a water conservation plan. This condition was included in the approval granted by the Public Service Commission (PSC). Staff Recommendation: Staff feels that the report that has been developed adequately addresses the requirements of the PSC. The components of the plan that are required include public education efforts, a residential rebate program and a water audit program. Staff is presenting the plan to the City Council for review prior to submitting it to the PSC. City Manager Recommendation: The City Manager is looking to present the report to the Council and receive any feedback. I am supportive of the report, but believe an incentive program for the smart- rinse devices would strengthen the water conservation aspect. Background In October of 2009 the PSC required a number of communities to develop a water conservation plan in order to address the issue of protecting Wisconsin’s water resources. Staff from the City Manager’s Office and Water Utility worked to develop a plan in house that properly addressed the requirements of the plan. Attached is City of Janesville Water Conservation Plan that is planned on being submitted to the PSC. The strategies in the plan are divided into four sections that represent the different types of water customers in the city. The four strategies are divided into residential, commercial, industrial and municipal categories. The majority of the strategies focus on targeting residential customers. Residential customers make up the majority of annual water sales and account for 90 percent of the water customers and make up 38 percent of the total sales. The residential strategies include an aggressive public education program, residential rebate program and researching landscape ordinances. Staff will develop informational pamphlets to be mailed out to all residential water customers and develop a presentation that will be offered to local schools and service groups. The purpose of the pamphlets and presentations will be to provide water saving tips and educate individuals on the value of conserving water. The commercial customer aspect of the plan will focus on educating businesses about water conservation from a cost savings perspective. The City plans to offer a water audit program to the roughly twenty-nine industrial customers that will review facility operations to provide ways to improve water efficiency and save money. Additionally the City plans on reviewing municipal operations through an internal audit process and expanding the leak detection program within the city’s water infrastructure. The Water Utility will also improve record keeping concerning the amount of data gathered on Water Utility water use activities and centralize this data for ease of accessibility and comparability. The Public Service Commission requires the City of Janesville to spend $75,000 for the first year of the program. Of that, an estimated $20,000 will be dedicated to publication of educational information which includes brochures, visits to schools and service groups on the benefits of water conservation. $40,000 will be dedicated to rebates for residential customers for water fixture/appliance and toilet rebates. The Water Utility plans on offering a $50 rebate to residential customers who provide proof they have replaced their toilet with a more efficient one and $25 for water efficient faucets and showerheads. Finally $15,000 will be used to fund a water audit program that will be offered to industrial customers. At the end of the first year, the program’s success will be evaluated and changes and additions to the program will be made as needed. The City of Janesville recognizes the importance of continuing to develop strategies that can be offered to all water customers in order to successfully and positively impact the rate at which water is consumed. CC: Eric Levitt, City Manager Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services City of Janesville Water Utility Water Conservation Plan April 2010 1 Introduction The Public Service Commission (PSC) has required a number of communities to develop a water conservation plan in order to address the issue of protecting Wisconsin’s water resources. The Janesville Water Utility is submitting this report to the Public Service Commission, as required by the Commission’s rate order in docket 2740-WR-107. In addition to the water rates, the docket orders the following: “Within 6 months of the mailing of this order to the parties in the proceeding, Janesville Water Utility shall perform and submit to the Commission a comprehensive conservation study and plan. Based on this study and plan, Janesville Water Utility shall design and implement a conservation program within one year of the mailing of this order. This program shall include, at a minimum, community education, a residential rebate program, and commercial, industrial, and public authority water use audits.” Clean Wisconsin, an environmental advocacy group, intervened during the rate hearing to ensure that water conservation efforts would be implemented. Attached in Appendix 1 is a copy of the agreement between the City of Janesville and Clean Wisconsin as approved by the PSC. The Water Conservation Report for the City of Janesville addresses strategies to manage the preservation of one of Wisconsin’s greatest natural resources. In order to ensure that the ground water aquifers remain at current levels, municipalities must do their part to address the issue. The City of Janesville currently has few negative water quality or quantity issues, but knows it is important to take a proactive approach to protect the water supply for future generations. Water conservation is a regional and national issue as evidenced in Wisconsin communities and in the Southwest and Southeast of the nation. Communities struggle to address declining aquifer levels and save dwindling water resources. The City of Janesville realizes the importance of addressing this problem at a local level. Even though water levels are stable, it is important to plan for continued growth and the demand these aquifers will face, as areas as close as Dane County to our north, Waukesha and Milwaukee Counties to our east and Brown County to our northeast have already begun to experience declining aquifer levels. If effective water conservation measures can be realized, the City of Janesville may be able to avoid the construction of costly new wells and pumping facilities. 2 The City of Madison, Wisconsin has developed a water conservation plan to address the growing needs of their community and the City of Janesville concurs with their rationale for developing conservation strategies. The following passage is taken directly from the City of Madison Water Utility Plan. It may seem counterintuitive for a utility that derives its income from selling water to plan for conservation, as more water sold means more income for the utility, on a unit by unit basis. But if the utility has to meet rising customer demand every year, it has to continually increase its pumping and delivery capacity, and it may eventually have to find additional sources of water if its primary source is overwhelmed. Each increase in capacity and supply costs the utility money to develop and operate, and it is actually cheaper for both the utility and its customers to invest in water efficiency rather than increased supply. Additional benefits of water conservation include improved water quality; a reduced burden on surface water quality, as less wastewater is generated; reduced greenhouse gas emissions due to reduced energy spent on water pumping; and increased spring, stream, and river flows, as less of the groundwater that feeds them is withdrawn. GROUNDWATER The state of Wisconsin has over 1.2 quadrillion gallons of groundwater. However, each day an estimated 330 million gallons of water are used for municipal purposes (Kassulke & Chern, 2006). In 2009, the City of Janesville’s usage averaged over 10 million gallons per day. Ground water levels are partially restored by rainwater, but only about 18-30% of rainfall soaks back into the ground. The rest either runs off to the nearest water body or evaporates. Despite the apparent abundance of water in Wisconsin, water conservation is still an important issue. This is because groundwater moves much slower than surface water making it a challenge to regenerate depleted ground water supplies let alone bring them back to normal levels. The last time the Wisconsin Geological and Natural History Survey conducted a Ground-Water Quality of Rock County, Wisconsin study in 1982, Rock County had adequate supplies of ground water to cover the needs of its citizens, commerce, agriculture and industry. According to that report, ground water was almost the sole source of water used in the county. The study states that as of 2000 Rock County would only be using an estimated 22% of the total amount of water that infiltrates to the ground water (Zaporozec, 1982). The City is currently working on an 3 aquifer study and once it is completed it will allow for the City to update Janesville’s water resource profile. An additional challenge in maintaining quality groundwater for drinking water supply is preventing contamination. Industrial and other potential groundwater contaminants are abundant in urban areas, and keeping them out of the aquifer requires widespread acceptance of water quality protection plans. When groundwater becomes contaminated, it can become unusable as a drinking water source for many years. With over 70% of Wisconsinites using groundwater for their water supply and various industries relying on it for their livelihood, it is imperative that we keep this resource plentiful and free of human-generated contaminants (GCC, 2006). With the exception of its western and southwestern edges, Rock County is located within the Rock River Basin and has three generalized regional aquifers and one regional confining unit. Under the City of Janesville, the Rock River Basin groundwater system is made up of glacial and post-glacial sediments, and bedrock of the Cambrian and Ordovician ages. These glacial and post-glacial sediments vary in thickness and permeability and almost completely cover the bedrock formations within Rock County. GROUND WATER PRODUCTION RATES The City of Janesville operates eight high-capacity municipal wells. Four of them -- Wells 6, 7, 8 and 9-- are relatively shallow (99 to 215 ft deep) and are completed in outwash deposits. The outwash wells could easily satisfy all of Janesville water demand but this water has elevated nitrate concentrations. The other four wells draw from the sandstone aquifer over 1,100 feet deep. The Rock River Basin Model (USGS, 2009) database includes 30 high-capacity public wells and 190 irrigation, industrial and community wells within the boundaries of the entire Rock County. From 1997 through 2006, these two groups of wells were producing on average 7.84 and 3.19 billion gallons of groundwater per year, respectively (USGS, 2009). This database does not include private, domestic and stock wells that provided water to people in rural areas and produced an estimated one-sixth of the total groundwater production of the county in 1957 4 (USGS, 1963). Assuming that the county’s domestic and stock wells presently pump about one- fifth of the total produced from public wells, the total annual groundwater production of the county is about 12.6 billon gallons of groundwater. This represents about 15% of annual recharge through precipitation to the groundwater system, assuming that the average recharge is 6.3 inches per year over the entire area of the county. Groundwater information will be updated as new information is made available. The City of Janesville projects that by 2030 water demand for the City will increase by about 50% compared to the City’s current water demand. It is reasonable to assume that a similar increase in demand will affect the entire county (AECOM 2009). Thus, by 2030 over 20% of recharge to groundwater will be intercepted by production wells in Rock County. HUMAN IMPACT & CONSUMPTION The City of Janesville’s population in 2008 was 63,540. According to the City of Janesville Comprehensive Plan completed in 2009, the City’s estimated 2010 population will be 67,529. That number is expected to grow to 82,408 by the year 2030. Comparatively the 1990 population for the City of Janesville was 53,284. The city population is projected to increase approximately 20 percent in the past 17 years. There is generally a close relationship between a community’s population and its total water consumption. Similarly, commercial, public, and industrial water consumption also tends to vary proportionally with the growth of the community. The Janesville Water Utility Master Plan Update (AECOM, 2009), analyzes past water consumption characteristics by reviewing annual pumpage and water sales records from 1980 to 2007. Average and maximum day water consumptions during this period, together with the amount of water sold in each customer category, are analyzed. Projections of future water requirements are based on the results of this analysis coupled with estimates of population and community growth. A summary of the City’s historical water sales and pumpage is provided in Table 1. Over the 27- year period summarized in the table, water sales varied from a low of 3.104 billion gallons per 5 year (BGY) in 1981 to a high of 4.291 BGY in 2000. Total water sales have increased roughly 11 percent since 1980 (water sales increased nearly 35 percent from 1980 to 2000), while total City of Janesville pumpage has increased by roughly 22 percent over the same period. Since the peak in water sales in 2000, total sales have decreased approximately17.5 percent to 3.54 BGY in 2007. A large portion of the decrease in total sales is attributed to the nearly 38 percent reduction in industrial sales over the same time period. Sales to General Motors (Janesville’s largest customer) were reduced by roughly two thirds from 2000 to 2007. The number of Water Utility metered customers continues to increase steadily, with the only exception being industrial customers, which peaked in 1997. In recent years even though the number of residential customers has increased, water sales to residential customers have decreased. One reason for this is the larger amounts of rainfall the Rock County area received in recent years, particularly 2006 and 2007. A historical summary of the number of Utility customers served is provided in Table 2. From the data presented in Table 1 and Table 2, residential customers currently account for approximately 90 percent of the City of Janesville customers and 38 percent of the total sales. Commercial water use in 2007 accounted for approximately 7 percent of the City customers and 17 percent of total sales. Metered industrial sales currently account for less than 0.5 percent of the City of Janesville customers but 39 percent of total sales. PER CAPITA WATER USAGE The per capita water usage was evaluated in the Janesville Water Utility Master Plan Update. The evaluation reported that residential, commercial, and public water usage is often correlated to a community’s population. Table 3 shows the results of an analysis of the City’s per capita water consumption for each of these customer classifications that was made from the available sales records. As indicated in the table, per capita sales to residential, commercial, and public customers have followed certain trends over the previous years. 6 The apparent trend in per capita residential water usage in Table 3 is consistent with observed results for other Wisconsin municipal water utilities. Although per capita residential water usage in the U.S. had consistently increased until the early 1970s, water usage statistics indicate that the increasing rate of per capita consumption has leveled off. This may be due in part to residential customers becoming more aware of water costs, and water conservation measures becoming more common. The City of Janesville’s residential per capita consumption has remained fairly constant over the previous 15 years, averaging approximately 63 gallons per capita per day (gpcd). Since 1990, per capita residential demand has remained between 60 and 70 gpcd nearly every year. The residential per capita consumption used to project future water demands is 65 gpcd, and the commercial per capita consumption is projected at 28 gpcd. Residential per capita consumption in Janesville remains high compared with other Wisconsin utilities as indicated in Table 4. The per capita residential consumption of Janesville’s peer cities, shown in bold on Table 4, averaged 50 gpcd in 2007 with a high of 64 gpcd. 7 TABLE 1 WATER SALES AND PUMPAGE HISTORY JANESVILLE WATER UTILITY CITY OF JANESVILLE, WISCONSIN Annual Water Sales (MGY) Total Total Not Sold But Unaccounted Percent Year Commercial Sales Pumpage Accounted For Water Pumpage Residential Commercial Industrial Public Unmetered (MGY) (MGY) (MGY) (MGY) Metered 1980 1,225.6 486.7 1,407.5 69.2 - 3,188.9 3,669.3 - 480.3 86.9% 1981 1,340.9 603.3 1,102.0 57.7 - 3,103.9 3,905.6 - 801.8 79.5% 1982 1,250.6 643.0 1,317.2 65.6 - 3,276.4 3,813.5 - 537.7 85.9% 1983 1,571.3 521.2 1,377.7 138.5 - 3,608.7 4,202.7 - 594.3 85.9% 1984 1,329.6 438.6 1,648.7 127.4 - 3,544.4 4,259.6 - 336.1 92.1% 1985 1,338.2 417.9 1,737.0 131.8 - 3,624.9 4,069.1 - 443.9 89.1% 1986 1,393.8 560.7 1,469.3 148.3 - 3,572.2 4,195.5 - 623.2 85.1% 1987 1,430.6 577.7 1,916.0 175.2 - 4,099.5 4,329.2 - 229.7 94.7% 1988 1,466.2 558.0 1,715.2 181.4 - 3,920.7 4,720.4 - 799.6 83.1% 1989 1,299.9 549.5 1,635.5 192.9 - 3,677.9 4,308.6 - 630.8 85.4% 1990 1,186.9 543.1 1,646.1 220.3 - 3,596.3 3,992.9 - 396.5 90.1% 1991 1,381.9 557.6 1,603.9 209.3 0.3 3,753.1 4,294.0 - 540.9 87.4% 1992 1,353.8 528.3 1,749.7 189.2 0.3 3,821.3 4,356.6 - 535.3 87.7% 1993 1,221.2 505.7 1,943.3 171.6 0.2 3,842.1 4,242.9 - 400.8 90.6% 1994 1,302.5 531.9 2,074.9 158.7 4.2 4,072.1 4,600.2 - 528.1 88.5% 1995 1,301.4 542.7 2,174.9 141.9 5.8 4,166.6 4,566.1 - 399.5 91.3% 1996 1,341.5 553.5 2,107.6 149.3 2.4 4,154.3 4,765.6 - 611.4 87.2% 1997 1,302.4 544.3 2,152.3 148.4 2.8 4,150.3 4,699.5 - 549.3 88.3% 1998 1,325.0 575.3 2,028.8 147.8 2.5 4,079.4 4,713.5 - 634.1 86.5% 1999 1,351.2 605.1 2,187.3 143.0 2.3 4,289.0 5,074.3 21.0 764.4 84.9% 2000 1,342.3 601.0 2,198.1 146.9 2.4 4,290.8 4,977.1 21.0 665.4 86.6% 2001 1,380.0 604.2 1,943.2 145.0 3.2 4,075.6 4,851.3 46.0 729.6 85.0% 2002 1,483.2 584.6 1,829.4 150.4 3.5 4,051.1 4,897.6 89.4 757.0 84.5% 2003 1,478.4 604.1 1,822.1 150.4 7.2 4,062.2 4,920.9 106.2 752.5 84.7% 2004 1,392.5 580.0 1,546.9 144.7 8.5 3,672.6 4,547.8 196.1 679.1 85.1% 2005 1,546.7 619.4 1,365.2 183.6 7.9 3,722.9 4,789.7 331.7 735.1 84.7% 2006 1,369.5 568.4 1,497.7 160.9 4.3 3,600.7 4,509.6 464.7 444.2 90.2% 2007 1,379.0 591.3 1,364.7 202.3 3.0 3,540.3 4,479.0 268.4 670.3 85.0% Maximum Value in each category is highlighted blue = 8 TABLE 2 HISTORICAL NUMBER OF CUSTOMERS SERVED JANESVILLE WATER UTILITY CITY OF JANESVILLE, WISCONSIN Number of Customers Commerical Year Residential Commercial Industrial Public Total Unmetered 1980 15,219 1,160 75 38 - 16,492 1981 15,184 1,113 73 45 - 16,415 1982 15,306 1,104 74 88 - 16,572 1983 15,419 1,099 80 89 - 16,687 1984 15,509 1,103 80 89 - 16,781 1985 15,845 1,039 77 78 - 17,039 1986 16,160 1,143 74 79 - 17,456 1987 16,291 1,197 74 85 - 17,647 1988 16,390 1,292 76 90 - 17,848 1989 16,405 1,408 76 109 - 17,998 1990 16,361 1,434 75 109 - 17,979 1991 16,644 1,429 76 109 - 18,258 1992 16,958 1,440 76 118 - 18,592 1993 17,254 1,474 78 111 - 18,917 1994 17,569 1,499 78 107 - 19,253 1995 17,943 1,519 79 108 - 19,649 1996 18,401 1,568 82 114 - 20,165 1997 18,827 1,600 82 119 798 21,426 1998 19,124 1,657 80 117 336 21,314 1999 19,429 1,720 80 117 284 21,630 2000 19,789 1,763 81 121 225 21,979 2001 20,037 1,701 78 113 208 22,137 2002 20,362 1,736 77 125 263 22,563 2003 20,654 1,750 75 125 419 23,023 2004 20,975 1,770 76 126 487 23,434 2005 21,349 1,784 76 132 595 23,936 2006 21,681 1,795 76 132 510 24,194 2007 21,942 1,816 75 132 379 24,344 Maximum Value in each category is highlighted blue = 1997 Customer Summary 2007 Customer Summary Janesville Water Utility Janesville Water Utility Commerial Commercial Commercial UnmeteredIndustrial and 7% Unmetered Public 4% Industrial and 2% 1% Public Commercial 1% 7% 9 Residential Residential 90% 88% TABLE 3 HISTORICAL PER CAPITA CONSUMPTION JANESVILLE WATER UTILITY CITY OF JANESVILLE, WISCONSIN Gallons per Capita per Day Estimated Commerical 1 Population Year Residential Commercial Industrial Public Total Unmetered 1980 51,000 65.8 26.1 75.6 3.7 - 171 1981 51,101 71.9 32.3 59.1 3.1 - 166 1982 51,165 67.0 34.4 70.5 3.5 - 175 1983 51,096 84.3 27.9 73.9 7.4 - 193 1984 52,085 69.9 23.1 86.7 6.7 - 186 1985 51,928 70.6 22.0 91.6 7.0 - 191 1986 52,202 73.2 29.4 77.1 7.8 - 187 1987 52,336 74.9 30.2 100.3 9.2 - 215 1988 52,381 76.7 29.2 89.7 9.5 - 205 1989 52,826 67.4 28.5 84.8 10.0 - 191 1990 53,284 61.0 27.9 84.6 11.3 - 185 1991 52,538 72.1 29.1 83.6 10.9 0.0 196 1992 53,358 69.5 27.1 89.8 9.7 0.0 196 1993 54,022 61.9 25.6 98.6 8.7 0.0 195 1994 54,553 65.4 26.7 104.2 8.0 0.2 205 1995 56,141 63.5 26.5 106.1 6.9 0.3 203 1996 57,928 63.4 26.2 99.7 7.1 0.1 196 1997 58,639 60.9 25.4 100.6 6.9 0.1 194 1998 59,223 61.3 26.6 93.9 6.8 0.1 189 1999 59,626 62.1 27.8 100.5 6.6 0.1 197 2000 59,794 61.5 27.5 100.7 6.7 0.1 197 2001 60,483 62.5 27.4 88.0 6.6 0.1 185 2002 60,775 66.9 26.4 82.5 6.8 0.2 183 2003 61,110 66.3 27.1 81.7 6.7 0.3 182 2004 61,310 62.2 25.9 69.1 6.5 0.4 164 2005 62,130 68.2 27.3 60.2 8.1 0.4 164 2006 62,540 60.0 24.9 65.6 7.0 0.2 158 2007 62,720 60.2 25.8 59.6 8.8 0.1 155 Maximum Value in each category is highlighted blue = 1 Estimated population data from Wisconsin Department of Administration. 1997 Per Capita Consumption2007 Per Capita Consumption Janesville Water UtilityJanesville Water Utility Residential Public Public Residential 38% 4% 6% 31% Industrial Commercia 10 52%Commercia Industrial l l 38% 13% 17% TABLE 4-4 UTILITY RESIDENTIAL PER CAPITA CONSUMPTION COMPARISONS JANESVILLE WATER UTILITY CITY OF JANESVILLE, WISCONSIN 2007 DATA Wisconsin Water Residential Residential to Per Capita Total Sales Population Utility Sales Total Sales Residential (MGY) Estimate (MGY) Percentage Sales (gpcd) Hudson 406 735 55.2% 11,770 94.5 Racine 1,872 6,741 27.8% 80,060 64.1 Janesville 1,379 3,540 39.0% 62,720 60.2 Fort Atkinson 260 674 38.6% 12,125 58.7 Eau Claire 1,386 2,965 46.7% 65,202 58.2 Grafton 240 366 65.6% 11,420 57.6 Milwaukee 12,101 35,050 34.5% 590,190 56.2 Beloit 750 1,989 37.7% 37,110 55.4 West Bend 606 1,020 59.4% 30,220 54.9 Cedarburg 225 410 54.9% 11,440 53.9 Manitowoc 668 2,512 26.6% 34,620 52.9 Sheboygan 976 4,987 19.6% 50,600 52.8 Stevens Point 484 2,077 23.3% 25,370 52.3 Kenosha 1,814 4,141 43.8% 95,530 52.0 La Crosse 933 3,338 28.0% 51,580 49.6 Weston 249 655 38.0% 13,805 49.4 Brown Deer 210 455 46.2% 11,715 49.1 Wisconsin Rapids 329 798 41.2% 18,500 48.7 Hartford 235 524 44.8% 13,550 47.5 Chippewa Falls 234 1,235 18.9% 13,515 47.4 Wausau 680 1,418 48.0% 40,080 46.5 Green Bay 1,755 6,653 26.4% 104,020 46.2 Plover 193 373 40.4% 11,580 45.7 Appleton 1,193 2,897 41.2% 72,158 45.3 Watertown 380 706 53.8% 23,166 44.9 Waukesha 1,087 2,448 44.4% 67,880 43.9 Fond du Lac 668 1,461 45.7% 43,270 42.3 Marshfield 290 674 43.0% 19,346 41.1 Grand Chute 297 676 43.9% 20,465 39.8 Oshkosh 906 1,947 46.5% 65,810 37.7 Notes Communities in Bold Font are City of Janesville Peer Cities. Water use data from Wisconsin Public Service Commision. Population estimates from Wisconsin Department of Administration. 11 WATER CONSUMPTION AND PUMPAGE PROJECTIONS Future sales and pumpage projections are based on assumptions of water demand, coupled with estimates of future population and community growth previously discussed. A detailed summary of the individual components of projected water sales and pumpage requirements is provided in Table 5. TABLE 5 WATER SALES AND PUMPAGE PROJECTIONS JANESVILLE WATER UTILITY CITY OF JANESVILLE, WISCONSIN Actual Projected Projected Projected Water Sales Classification 2007 2010 2020 2030 City of Janesville Population Served 62,720 67,529 74,857 82,408 Residential Sales Per Capita Sales (gpcd) 60.2 65.0 65.0 65.0 Annual Sales (MGY) 1,378.97 1,600 1,780 1,960 Commercial Sales Per Capita Sales (gpcd) 26.0 28.0 28.0 28.0 Annual Sales (MGY) 594.32 690 770 840 Public Sales Per Capita Sales (gpcd) 8.8 8.0 8.0 8.0 Annual Sales (MGY) 202.32 197 219 241 Industrial Sales Annual Sales: Existing Sales (MGY) 1,364.7 1,400 1,400 1,400 Future Sales (MGY) 160 560 960 TOTAL METERED SALES (MGY) 3,540 4,050 4,730 5,400 Accounted-For Water (MGY) 270 510 590 680 Unaccounted-For Water (MGY) 670 510 590 680 TOTAL PUMPAGE (MGY) 4,480 5,060 5,910 6,750 Notes Population projections from City of Janesville Planning Department. Future Industrial sales projected based on 1,500 gpd/acre with industrial growth potential of 1,750 acres by 2030. Accounted-for water was projected at 10% of total pumpage for future years for water production purposes. Unaccounted-for water was projected at 10% of total pumpage for future years. 12 INDUSTRIAL WATER USAGE Industrial water consumption can vary widely on an annual basis depending on the types of industries served and the annual level of production activity. Fluctuations in water consumption for a particular industrial firm can be attributed to several factors including: 1.Changes in production schedules or operational capacity. 2.Changes in manufacturing processes. 3.Changes in the number of persons employed. 4.Addition or deletion of product lines. 5.Seasonal variation in cooling requirements. 6.Seasonal changes in business activity. 7.Implementation of conservation measures. The top five water users of the Janesville Water Utility (in descending order) ABITEC Corporation, Evonik Degussa Corporation, Seneca Foods Corporation, Rath Gibson Inc., and Goex Corporation in order of 2009 water sales. A review of the 2009 water sales indicates that these top five high-volume industrial water users consumed about 89 percent of the total industrial sales. Overall, these five users consumed roughly 35 percent of the total water sales. Consequently, any significant changes in water consumption characteristics by these high volume users will have an impact on total water requirements. The 2009 totals included some use by General Motors (GM), which no longer operates in the City. Therefore the 2010 industrial total will be less than the 1.38 million gallons that were used in 2009. WATER CONSERVATION PLAN Goal: To implement an effective water conservation program that creates awareness of water conservation strategies and offers incentives to do so. This plan has been compiled by administration personnel with the City of Janesville as a guidance document to maintain the current annual rate of groundwater pumping, anticipating growth in new areas, and providing that the additional consumption required to meet the demand in these new areas is sustainable. The City of Janesville has different types of customers who 13 use water in different ways. As required by the Public Service Commission of Wisconsin, the conservation plan will contain three fundamental categories which will be discussed in more detail in the following sections. The basic components of this plan include: 1.Residential Rebates—the Utility will begin to offer financial rebates to residential customers who purchase water conserving fixtures. 2.Commercial/Industrial Water Audits—this component will offer (and in the future possibly require) commercial, industrial and municipal/government customers the opportunity to participate in an on-site audit of their facility intended to help them identify ways to reduce their water consumption. 3.Public Education—the Utility, in cooperation with the Wisconsin Department of Natural Resources, the Public Service Commission of Wisconsin, the Rock County Environmental Health Department and other interested groups or organizations will develop and distribute information designed to educate our customers about the value of water conservation. Conservation information will be developed to meet the various water needs of our customers (i.e. schools, home restaurants, car washes, lawn irrigation, and other water using activities). Other water conserving practices or procedures will be included as this program develops. Some water conservation practices, ideas and programs outside of the three components listed above are included in this report and may become part of the City’s conservation program, but others will be incorporated into the program as their applicability is demonstrated. Appendices 2 and 3 list other communities’ water conservation strategies that were used as a reference for developing Janesville’s strategies. Some of the conservation steps outlined in this plan are further divided into sections corresponding to each customer group: residential, commercial, industrial, and municipal/government. The strategies in this plan are not meant to be all inclusive. Staff will continue to evaluate potential ways to promote water conservation within the city. Additionally strategies listed below can be amended as more effective implementation strategies are developed through trial and error. 14 In May of 2006 the Public Service Commission (PSC) and the Department of Natural Resources (DNR) sponsored a statewide Symposium on demand side management strategies. The Symposium provided an overview of how water demand side conservation efforts fit into a variety of events and activities. Speakers presented solutions for effective conservation efforts that have been used across the United States, and addressed water conservation issues unique to Wisconsin. A number of the strategies presented in this report are based on the information provided in the presentations. RESIDENTIAL The Janesville Water Utility serves 24,467 (2009 PSC Annual report) customer accounts in the City of Janesville. Residential accounts (22,216) far exceed the number of commercial, industrial and public authority (government) accounts. For any conservation plan to be considered a success, it must build on a strong platform designed to meet the needs of our residential customers. The City of Janesville will focus water conservation strategies around a number of different areas. ? Seasonal Water Use ? Water Rates ? Educational awareness ? Incentive programs for high efficiency fixtures and appliances ? Landscaping Seasonal Water Use For many residents, water use increases significantly in the summer due to outdoor activities such as car washing, lawn care and swimming pool use. According to the EPA, lawn care makes up about 1/3 of all outdoor water use nationwide. For example, when using a hose to wash off sidewalks and driveways, about 50 gallons of water is used every 5 minutes. 15 The City will research ordinance changes that restrict the use of outdoor water use for the watering of lawns during the hottest parts of the day in the summer time. Additionally as part of the educational awareness component of the Water Conservation Plan the city will provide useful information to help residents conserve water during the summer months. Water Rates Basic economic principles dictate that higher prices will decrease demand for nearly any good, and water is no exception. Conservation rate structures create a higher rate charge when water use exceeds a predetermined level. Rate structure may also have multiple tiers with an increasing rate associated with each subsequent tier. At the last rate increase in 2009, prior to the development of a water conservation program, the Janesville Water Utility applied for inclining rate tiers for residential users. This rate adjustment was granted by the Public Service Commission. There was no change in the rate structure (declining rate tiers) for industrial, commercial or public authority. The following table compares the previous residential rates with the conservation rates that were put into effect in October 2009. Residential Rates – Prior to Oct. 2009 Residential Rates – After Oct. 2009 (Declining Tiers - Volume Charges)(Inclining Tiers - Volume Charges) Rate Steps (CCF) Rate/CCF Rate Steps (CCF) Rate/CCF 0 - 100 $1.08 0 - 15 $0.95 100 - 2,000 $0.85 15 - 40 $1.26 > 2,000 $0.76 > 40 $1.65 The conservation rates have not been in effect for one calendar year; therefore, customers have not seen the cost of water use during spring and summer months. Evaluation will have to be done in the future to assess the effectiveness of the rate adjustment. 16 Educational Awareness Creating a successful public education program is one of the major strategies that will be used to promote water conservation. The City of Janesville will work to publicize and promote water conservation strategies in the community. In order to build awareness it is important to reach out and inform residents of the impact they can have on water conservation, and the strategies they can use. The City of Janesville will implement a number of different strategies as part of the public education component of the plan. The City of Janesville will create a water conservation presentation to share with area schools that request it. The presentation will cover the importance of water conservation in the community and go through individual practices that will help to conserve water. The City will pull information from the EPA WaterSense Program and other valuable resources to effectively inform students. The City’s Green Team, Water Utility Department and management staff will work together to develop the program. The purpose of the program will be to create awareness in the youth of Janesville to impact the long range goals of water conservation. Additionally staff will develop a pamphlet that outlines the residential components of the Water Conservation Plan and the benefits available to citizens through the program. The pamphlet will be mailed out to all residential customers and made available at other public facilities. Toilet & Fixture Incentive Programs The City will institute a broad incentive program to encourage residents to replace old appliances and fixtures with new ones that are able to conserve and preserve water. A rebate of $25 will be given to residential water customers who replace old inefficient fixtures (i.e. shower heads and faucets) with new ones. $50 rebates will be offered to individuals who replace inefficient toilets with newer and efficient ones. The City researched a number of similar programs that are offered in other communities to determine what incentives to offer for water efficient appliances. The list of fixtures will be updated as more effective sources and ways of promoting water efficiency are found. For example, the City will look into offering rebates for appliances such as dishwashers and washing machines. The details of the program are below. 17 Toilet Rebate Program Toilets are by far the main source of water use in the home, accounting for nearly 30 percent of an average home’s indoor water consumption. Older, inefficient toilets also happen to be a major source of wasted water in many homes. Replacing these toilets with more efficient ones can save nearly 11 gallons per toilet per day (WaterSense). By federal law, manufacturers may not make a toilet that uses more than 1.6 gallons per flush (residential and commercial). A model that uses 1.6 gallons per flush (GPF) is considered a “low-flow” toilet, whereas a high- efficiency toilet (HET) uses no more than 1.28 GPF. The City of Janesville will create a new program that will offer incentives to replace old, inefficient toilets with high-efficiency models, similar to the lead pipe replacement program that the utility offered in past years. A $50 rebate will be offered for any toilet that uses 3.5 gallons per flush that is replaced. In order to receive the rebates, residents would have to prove that older toilets were actually replaced, and each household would be eligible for a rebate on only one toilet. After the first year of the program, staff will reevaluate whether to offer additional rebates per household. The City should attempt to impact as many citizens as possible with the rebate for the first year, and offering only one rebate per customer allows the opportunity for other customers to participate. Additionally, the toilets that are being replaced would have to be older models that are inefficient, so that the new toilets would provide significant water savings. Showerhead Rebate Program Showering is another one of the leading ways that residents use water in their home. Showering accounts for nearly 17 percent of residential indoor water use, or about 30 gallons per household per day (WaterSense). According to the EPA, more than 2,300 gallons of water per year can be saved by installing WaterSense labeled showerheads. Also, water savings will reduce demands on water heaters and save energy for households. A household could save 300 kilowatt hours of electricity annually. In order to eligible for a $25 showerhead rebate, a WaterSense certified showerhead must be installed that uses no more than 2.0 gallons of water per minute. The standard showerhead uses over 2.5 gallons per minute. There will be a limit of 1 showerhead per water customer billed. 18 Bathroom Sink Faucets & Accessories Program There are many ways to save water when using faucets. For example, turning the faucet off while brushing your teeth can save as much as 3,000 gallons of water per year (WaterSense). There are also a number of products available that will help save water as well. There are high- performing, water-efficient fixtures that help reduce water use in homes and save money on water bills. Faucets account for 15 percent of indoor household water use. More efficient faucets can reduce a sink’s water flow by 30 percent or more without sacrificing performance. The City will offer a $25 rebate for water customers who replace their old, inefficient faucets with new WaterSense labeled efficient ones. A limit of 2 faucets per customer will be allowed and proof of purchase and installation must be shown before the rebate is given. Landscaping The City of Janesville will also research ordinances that regulate watering with the goal of promoting water conservation. Other communities have enacted similar ordinance changes and staff will determine if similar restrictions will be beneficial to Janesville. Additionally information on how to maintain lawns by using water efficient practices will be distributed to citizens as one of the components of the public awareness program. Rain Barrels/Rain Gardens Rain barrels can be used at residential buildings to catch rainwater and reuse the water for lawn/flower watering. Rain gardens may be used to reduce runoff where appropriate. COMMERICAL The City of Janesville will also develop strategies for commercial water customers to promote water conservation. For billing purposes, commercial accounts refer to businesses as well as multi-family housing (more than 3 units). Conservation strategies have been developed and will continue to be looked at to promote effective water conservation with businesses and multi- family housing. 19 Commercial Education Program The City of Janesville will work with businesses to promote water conservation awareness. Brochures and other informational sources will be created and distributed to local businesses, restaurants and multi-family residences. Information will include useful tips for saving water, sources for other water conservation strategies and an overview of the City of Janesville water conservation program. The City will also work with local business groups to develop seminars that provide useful strategies and information on water conservation for businesses. The City will contact experts in the field who are familiar with successful strategies and research information that will be helpful to businesses. Topics will include the use of water efficient landscaping, LEED certification, water efficient appliances and a variety of other topics. Rinse Smart - Pre Rinse Spray Valve Program This program will focus on the replacement of high water use, low pressure pre-rinse spray valves that are initially used by many food service establishments to remove food particles before plates and trays are placed within commercial dishwashers. Nearly two-thirds of water use in restaurants is used in washing dishes. A similar program has been in place in California for several years. Tracking reports have shown that a medium size restaurant can save an average of 50,000 gallons of water per year. The new sprayer can cut pre-rinse water use by 40 percent, with less hot water and less energy used. Valves can help to decrease the amount of water used, and will also save energy. The City will use educational and informational resources to inform these types of businesses of the benefits of having a pre-rinse spray valve system in place. INDUSTRIAL In 2009 there were 29 industrial water customers in the City of Janesville that used a total of 1.38 billion gallons of water. Identifying strategies that will reduce consumption of the 29 industrial customers will help to reduce the overall water consumption of the City. There is no group of 20 customers that has a higher per capita impact than industrial customers. For this reason it is essential that effective strategies be developed for these types of customers. The City will develop a water audit program that industrial water customers can use in order to assess their current operations. Staff will review the current infrastructure the industrial customer has in place and recommend changes to become more water efficient. The program will be advertised to industrial customers through the aggressive public education program that will be developed to address the different types of water customers. MUNICIPAL The enacting of water conservation measures within the Water Utility can serve as a model for other governmental buildings as well as the other government/municipal entities. Before conservation measures are implemented, an audit shall be performed of all Water Utility buildings, and toilets, showerheads, and sink aerators will be checked for compliance with current water conservation standards for new construction. All new Water Utility buildings will be built with water conservation measures in mind. The following are water saving programs that can be instituted at the Water Utility: Emphasize and expand the leak detection program: Many leaks in the water distribution system go undetected. The Utility has leak detection equipment, but devoting the necessary work-hours, to this task has proven difficult. Older pipes and those in areas prone to main leaks will be checked on a systematic basis. Install low-flush toilets, low-flow showerheads, and sink aerators: Following the internal audit, old toilets shall be replaced with high-efficiency models, showerheads changed to low-flow, and aerators placed on sinks without them. Quantify water use by utility through better record keeping: Improve record keeping concerning the amount of data gathered on Water Utility (and other City departments) water use activities and centralize this data for ease of accessibility and comparability. Identify the amount of water used during hydrant flushing, amount of water lost from a main breaks and service leaks, by the Fire Department used in training and fighting fires, by the Operations Department on water used 21 for street sweeping, etc. This information will help the Utility more accurately determine the amount of water that is unaccounted when compiling it’s annual audit of water pumped. Installation of process meters in pumping stations: Some Water Utility pumping stations (and other city facilities) currently do not have meters for the water that is used inside the building (i.e., sinks). The feasibility of placing meters in these facilities will be investigated. Water main flushing: Historically, the Water Utility has employed conventional flushing twice a year to remove mineral sediment from water mains. The Utility will continue to evaluate its flushing program to minimize the amount of water needed to clean its mains Other Governmental Buildings Audits will be performed of all other governmental buildings served by the Water Utility. Individuals in charge of the buildings may perform the audits. A questionnaire would be provided to assist individuals in auditing their own buildings, and further information will be provided to explain potential water saving programs. Water conservation measures may include replacing old toilets, installing sink aerators, and installing rain gardens and rain barrels. The Janesville City Council recently adopted policies to help insure that city buildings will be as energy-and water-efficient. CONCLUSION The City of Janesville will continue to work on developing strategies to encourage water conservation throughout the community. The City will focus their strategies around educational awareness, residential rebates for water appliances, toilets and water audits. Staff will evaluate the success of the programs offered and determine if adjustments should be made. In order to change the way people look at water conservation, it is important to educate citizens. The City will accomplish this by multiple strategies. The Public Service Commission requires the City of Janesville to spend $75,000 for the first year of the program. Of that, an estimated $20,000 will be dedicated to publication of educational 22 information, which includes brochures, visits to schools and service groups on the benefits of water conversation and all other forms of public information that will be generated. $40,000 will be dedicated to rebates for residential customers for water fixture/appliance and toilet rebates. There will no longer be funds available for rebates after the $40,000 is used. Finally $15,000 will be used to fund a water audit program that will be offered to industrial customers. At the end of the first year, the program’s success will be evaluated and changes and additions to the program will be made as needed. The City of Janesville recognizes the importance of continuing to develop strategies that can be offered to all water customers in order to successfully and positively impact the rate at which water is consumed. 23 References 1)AECOM. 2010. Janesville Groundwater Model. City of Janesville Water Utility. 2)Bachhuber, J. & Schroedel, R. 2003. Review on USGA Report “Water Quality Monitoring of the Rock River and its Tributaries, Wisconsin and Illinois 1998-2000.” City of Janesville Water Utility. 3)City of Madison Water Utility. 2009. Water Conservation and Sustainability Plan. City of Madison Water Utility. 4)Corum, L. 2009. Necessity Brees Invention: Water Resource and Conservation Forecasting Tools. Water Efficiency: The Journal for Water Conservation Professionals. 5)Earth Tech, Inc. 2009. Water System Master Plan. City of Janesville Water Utility. 6) Environmental Protection Agency. 2010. WaterSense. http://www.epa.gov/watersense/index.html. 7)GeoSyntec Consultants. 2006. Water Conservation & Protection Plan. Waukesha Water Utility. 8)Janesville Water Utility. 2008. Annual Report. Report Submitted to Public Service Commission. City of Janesville Water Utility. 9)Public Service Commission of Wisconsin & Wisconsin Department of Natural Resources. September 2006. A Menu of Demand Side Initiatives for Water Utilities. 10)Town of Carey, NC. Water Conservation Website. 2008. http://townofcary.org/Departments/Public_Works_and_Utilities/Conservation/Water_Co nservation.htm. 24 Appendix 2 Utilities with PSC-Approved/Regulated Water Conservation Programs Utilities with Inclining Block Rates ? Waukesha ? Fitchburg ? Weston ? Allouez ? Janesville ? Franklin Utilities with Uniform or other Residential Class Rates ? Madison ? Lancaster ? Grafton ? Sun Prairie Utilities with Rebate/Incentive Programs ? Madison ? Kaukauna ? Marshfield ? Waukesha ? Sun Prairie ? Fitchburg ? New Berlin Utilities with Other Conservation Programs ? New Berlin 25 Appendix 3 Utilities with Rebate/Incentive Programs Utilities with PSC-Approved Toilet Rebate Programs Rebate Date Utility Name Approved Description Amount Waukesha 6/5/2009 Rebates for residential customers $25 Water Utility Madison Water 12/23/2008 Rebates for residential customers and commercial $100 Utilityapartments. 12/22/2009 Kaukauna 5/4/2009 Rebates for residential customers. $50 Utilities Marshfield 5/21/2009 Rebates for residential customers. $50 Utilities New Berlin 4/1/2010 Rebates for residential customers $100 Water Utility Utilities with Toilet Rebate Programs Not Approved by PSC Rebate Date Utility Name Approved Description Amount Fitchburg 2/16/10 Toilet rebates for residential /non-residential $100 customers paid with sewer revenues, not water. 26 NEIGHBORHOOD SERVICES MEMORANDUM May 4, 2010 TO: City Council FROM: Jennifer Petruzzello, Neighborhood Services Director SUBJECT: Action on a Proposed Resolution Authorizing the Acquisition and Demolition of 313 North Pearl Street (File Res. 2010-704) 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 313 North Pearl Street is a vacant, 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 2010-704 authorizing the purchase and demolition of the property located at 313 North Pearl Street, at an acquisition price not to exceed $18,000 as part of the Neighborhood Stabilization Grant Program (NSP). City Manager Recommendation The City Manager concurs with the Plan Commission and Neighborhood Service Department recommendation. Suggested Motion I move to approve File Resolution 2010-704 authorizing the purchase of 313 North Pearl Street, at an acquisition price not to exceed $18,000 as part of the Neighborhood Stabilization Grant Program. Background The Housing and Economic Recovery Act (HERA) of 2008 created the Neighborhood Stabilization Program, under which states, cities and counties will receive a total of $3.92 billion to acquire, rehabilitate, demolish, and redevelop foreclosed and abandoned residential properties. NSP funds are considered Community Development Block Grant (CDBG) funds. 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 foreclosed properties for the purpose of rehabilitation, redevelopment, or 1 demolition. In the Spring of 2010, the City received an additional allocation of $77,210, when Rock County decided to allocate its share of funding to the City’s of Janesville and Beloit. 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 313 North Pearl Street is a foreclosed home owned by Deutsche Bank National Trust Co. out of Santa Ana, CA. The house, built in approximately 1900 is 2,330 square feet, and has nine total rooms, including 5 bedrooms and 2 bathrooms. While identified as a single family, the home appears to have been recently used as a 2-unit. The property is located in census tract 4, which has been identified as one of the areas of greatest need. The property is located on a minor arterial street and is in walking distance to both parks and schools. In addition, the property is th identified in fair condition according to the 4 Ward and Look West Housing Condition Report, which consisted of an exterior assessment of the property. The interior condition is in poor condition. The assessed value of the home and lot is $88,875. No market appraisal was completed because the negotiated purchase price is below $25,000, and program rules do not require a formal appraisal. Staff has toured the property and found the interior of the property in a considerable state of disrepair. There appears to be significant foundation, roof, plumbing, heating and lead paint concerns. There is water damage throughout the home. 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. The project would include acquisition and demolition of the property funded by the Neighborhood Stabilization Program (NSP) grant. The estimated cost for demolition is $17,000. 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. 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 2 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 $18,000. 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 located along a minor arterial street. The property is within walking distance of both parks and schools. th The property is listed as fair condition in the 4 Ward and Look West Housing Condition Report based on an exterior only inspection. The property is in a blighted condition. 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 Voskuil with a second by Helgerson to forward the proposed acquisition to the City Council with a favorable recommendation noting that the Plan Commission has not reviewed the financial aspects of this transaction. The motion carried on a 4-0 vote. cc: Eric Levitt, City Manager Jay Winzenz, Dir. of Administrative Services/Assistant City Manager Kelly Lee, Neighborhood Development Specialist 3 RESOLUTION NO. 2010-704 RESOLUTION AUTHORIZING THE ACQUISITION AND DEMOLITION OF REAL PROPERTY LOCATED AT 313 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 313 N Pearl Street in the amount of Eighteen Thousand dollars ($18,000); and WHEREAS , the Janesville Plan Commission has reviewed this proposed acquisition on May 3, 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 313 N Pearl Street in the amount of Eighteen Thousand and 00/100 Dollars ($18,000.00) for the above described public purpose(s) is hereby approved and authorized; the City Manager and/or his designee(s) may acquire and close upon the City’s purchase of the Property from the owner(s) on behalf of the City; and BE IT FURTHER RESOLVED , that the City Manager and/or his designee(s), on behalf of the City of Janesville, is/are hereby authorized and empowered to negotiate, draft, modify, review, execute, and enter into additional agreements, record, file, and/or make minor modifications and/or amendments to any and all documents, papers, forms, and agreements, and to take whatever other actions as the City Manager may determine, from time to time and at any time, necessary and/or desirable to effectuate the intent of this resolution and/or the public good. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner McDonald Eric J. Levitt, City Manager Perrotto Rashkin ATTEST: Steeber Truman Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Neighborhood Services Department Prepared by: Neighborhood Services Director íïí q Ô»¹»²¼ ÍËÞÖÛÝÌ Í×ÌÛ Ü¿¬»æ ìñîéñïð Í½¿´»æ ïþã ïððù Ó¿° Ý±±®¼·²¿¬»æ Õóïë ÔÑÝßÌ×ÑÒ ÓßÐ Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ ÓßÐ ï ßÝÏË×Í×Ì×ÑÒ ÑÚ íïí Ò ÐÛßÎÔ ÍÌò ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ ÍæÐ®±¶»½¬ÄÐ´¿²²·²¹ÄÝ¿»ÄÝ¿»óîðïðÄÕóïëÁß½¯«··¬·±²óíïíóÒóÐ»¿®´ CITY MANAGER’S MEMORANDUM May 3, 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 CITY MANAGER’S MEMORANDUM May 10, 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. REVISED 5/10/10 2010/2011 COMMITTEES, COMMISSIONS, BOARDS AND AUTHORITY APPOINTMENTS MADE BY COUNCIL PRESIDENT COUNCILMEMBER ALCOHOL LICENSE ADVISORY COMMITTEE Truman Term: 1 Year CABLE ADVISORY COMMITTEE Rashkin Term: 1 Year COMMUNITY DEVELOPMENT AUTHORITY Rashkin 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 CITY ATTORNEY’S OFFICE MEMORANDUM April 22, 2010 TO: City Council FROM: Tim Wellnitz, Assistant City Attorney SUBJECT: Action on Proposed Council Policy #84 Relating To Identity Theft Prevention The Federal Trade Commission has issued regulations in Part 681 of Title 16 of the Code of Federal Regulations implementing Sections 114 and 315 of the Fair and Accurate Credit Transactions Act (FACTA) of 2003 that require the establishment of an Identity Theft Prevention Program for entities that open or maintain certain types of accounts. In accordance with these regulations, the City must establish an Identity Theft Prevention policy related to the opening and maintaining of covered accounts which will identify, detect, and respond to patterns, practices, or specific activities known as “red flags”. These regulations require that the Identity Theft Prevention Program include a policy that identifies “red flags”, detects “red flags”, and determines how these “red flags” will be responded to, so as to prevent identity theft. Proposed Council Policy #84 has been prepared to comply with the Federal Trade Commission regulations. Recommendation Staff recommends the adoption of Proposed Council Policy #84 relating to identity theft prevention. City Manager Recommendation The City Manager concurs with the staff recommendation. cc: Eric Levitt, City Manager Jacob J. Winzenz, Assistant City Manager/Dir. of Admin. Services 1 CITY OF JANESVILLE Policy No. 84 Page 1 of 5 CITY COUNCIL POLICY STATEMENT Date Issued General Subject: Administration Effective Date 5/11/10 Special Subject: Identity Theft Prevention Cancellation Date Supersedes No. PURPOSE To establish an Identity Theft Prevention Program designed to detect, prevent, and mitigate identity theft in connection with the opening of a covered account or an existing covered account and to provide for continued administration of the Program in compliance with Part 681 of Title 16 of the Code of Federal Regulations implementing Sections 114 and 315 of the Fair and Accurate Credit Transactions Act (FACTA) of 2003. STATEMENT OF POLICY In accordance with Federal Trade Commission regulations, the City establishes an Identity Theft Prevention policy related to the opening and maintaining of covered accounts which will identify, detect, and respond to patterns, practices, or specific activities known as “red flags”. 1.Definitions A. Identity Theft: Fraud committed or attempted using the identifying information of another person. B.Red Flag: A pattern, practice, or specific activity that indicates the possible existence of identity theft. C.Covered Accounts: 1.An account that the City offers or maintains, primarily for personal, family, or household purposes that permits multiple payments or transactions. Covered accounts related to City operations include utility accounts and deferred special assessment arrangements. 2.Any other account that the City offers or maintains for which there is a reasonably foreseeable risk to customers or to the safety and soundness of the City from identity theft. CITY OF JANESVILLE Policy No. 84 Page 2 of 5 CITY COUNCIL POLICY STATEMENT Date Issued General Subject: Administration Effective Date 5/11/10 Special Subject: Identity Theft Prevention Cancellation Date Supersedes No. 2. Procedures A “red flag” is a pattern, practice, or specific activity that indicates the possible existence of identity theft. In order to detect, prevent, and mitigate these activities, the City of Janesville establishes an identity theft prevention program which includes reasonable policies and procedures to: A.Identify relevant red flags for covered accounts it offers or maintains and incorporate those red flags into the Program. B.Detect red flags that have been incorporated into the Program. C.Respond appropriately to any red flags that are detected to prevent and mitigate identity theft D.Ensure the Program is updated periodically to reflect changes in risk to customers and to the safety and soundness of the City from identity theft. 3.Identification of Relevant Red Flags In order to identify relevant red flags, the City considered the types of accounts it offers and maintains, the methods it provides to open these accounts, the methods it provides to access these accounts, and its previous experience with identity theft. Based on this consideration, the City identified relevant red flags from the following: A.Notifications and warnings from consumer reporting agencies. This would include: receiving a report or notice from a consumer reporting agency of a credit freeze; or, receiving a report of fraud with a consumer report. B.The presentation of suspicious documents. This would include: documents that appear to be forged or altered; documents on which a person’s photograph or physical description is not consistent with the person presenting the documentation; or, receiving documentation with information that is not consistent with existing customer information. CITY OF JANESVILLE Policy No. 84 Page 3 of 5 CITY COUNCIL POLICY STATEMENT Date Issued General Subject: Administration Effective Date 5/11/10 Special Subject: Identity Theft Prevention Cancellation Date Supersedes No. C.The presentation of suspicious personal identifying information. This would include: a customer’s address or phone number being the same as that of another customer; a customer failing to provide complete personal identifying information on an application when reminded to do so; or, a customer’s identifying information not being consistent with the information that may be on file for the customer. D.The unusual use of, or other suspicious activity related to, a covered account. This would include: mail being sent to an account holder that is repeatedly returned undeliverable; receiving notice that a customer is not receiving his or her paper statements; or, a customer’s account being used in a way that is not consistent with the customer’s history (such as late or no payments when the account has been timely in the past). E.Notice from customers, victims of identity theft, law enforcement authorities, or persons regarding possible identity theft in connection with covered accounts. 4.Detection of Red Flags In order to detect any of the red flags identified above, the City will: A.Record change of address and transfer requests for existing accounts. B.Verify the customer’s identity when opening a new account, such as reviewing a driver’s license or other identification card, reviewing property ownership records, or using other resources available. C. Require sensitive data changes of existing accounts be completed in writing and signed by the customer. D. Require sensitive data (i.e. ACH banking information) be submitted in writing for the opening of accounts and signed by the customer. E. Monitor customer transaction history for unusual trends or transactions. CITY OF JANESVILLE Policy No. 84 Page 4 of 5 CITY COUNCIL POLICY STATEMENT Date Issued General Subject: Administration Effective Date 5/11/10 Special Subject: Identity Theft Prevention Cancellation Date Supersedes No. 5.Response Any employee that may suspect fraud or detect a red flag will implement one or more of the following responses as applicable in order to prevent and mitigate identity theft. The response shall be commensurate with the degree of risk posed. A.Continue to monitor the account for evidence of identity theft. B.Contact the customer for additional information or documentation. C.Reopen an account with a new account number. D.Not open a new account. E.Close an existing account. F.Change any passwords, security codes or other security devices that permit access to the account. G.Notify law enforcement. H.Determine no response is warranted under the particular circumstances. 6.Updating the Program The program shall be updated periodically to reflect changes in risks to customers or to the safety and soundness of the City from identity theft. The following factors will be taken into consideration in determining the necessity for updating the program. A.The experiences of the City with identity theft. B.Changes in methods of identity theft. C.Changes in methods to detect, prevent and mitigate identity theft. D.Changes in the types of accounts that the City offers or maintains. E.Changes in the business arrangements of the City. 7. Administration of Program A.Each City Department or Division head shall be the Program Administrator responsible for the development, implementation, oversight and continued administration of the Program within their respective Department or Division. CITY OF JANESVILLE Policy No. 84 Page 5 of 5 CITY COUNCIL POLICY STATEMENT Date Issued General Subject: Administration Effective Date 5/11/10 Special Subject: Identity Theft Prevention Cancellation Date Supersedes No. B.The program administrators shall be responsible for ensuring and implementing the appropriate training for the Program. Staff training shall be conducted for all employees, officials, and contractors for whom it is reasonably foreseeable that they may come into contact with accounts or personally identifiable information that may constitute a risk to the City or its customers. C.In the event the City engages a service provider to perform an activity in connection with one or more accounts, the appropriate program administrator shall ensure that all activities are conducted in accordance with reasonable policies and procedures designed to detect, prevent, and mitigate the risk of identity theft. A service provider that maintains its own identity theft prevention program, consistent with the guidance of the red flag rules and validated by appropriate due diligence, will be considered to be meeting these requirements. CITY MANAGER’S OFFICE MEMORANDUM May 10, 2010 TO: City Council FROM: Eric J. Levitt, City Manager SUBJECT: Action on a proposed resolution supporting Rock County’s Natural Hazard Mitigation Plan – Resolution No. 2010-707. Request The City Manager requests Council consideration to adopt Rock County’s Natural Hazard Mitigation Plan. City Manager Recommendation The City Manager recommends adoption of the plan. The plan needs to be adopted to be eligible for future FEMA funding. Suggested Motion I move the Council approve File Resolution No. 2010-707 adopting the proposed Hazard Mitigation Plan. Background In April 2009, Rock County applied for a planning grant to amend the 2004 Rock County Natural Hazard Mitigation Planning Manual and Plan. Rock County received public input in 2009 and early 2010. At the conclusion of the planning process, the draft plan was submitted to Wisconsin Emergency Management for approval in March, 2010. An outline of the plan has been attached for City Council review, and the full draft plan is on-line. CC: Eric Levitt, City Manager Jacob J. Winzenz, Director of Administrative Services/ Assistant City Manager RESOLUTION NO. 2010 - 707 WHEREAS, the City of Janesville recognizes the threat that natural hazards pose to people and property; and WHEREAS, undertaking hazard mitigation action before disasters occur will reduce the potential for harm to people and save taxpayer dollars; and WHEREAS, an adopted Natural Hazard Mitigation Plan is required as a condition of future grant funding from the State of Wisconsin and Federal Government for mitigation projects; and WHEREAS, Rock County initiated the 2010 update of the existing Natural Hazard Mitigation Plan; and WHEREAS, the City of Janesville participated jointly in the planning process with the other units of government within the County of Rock to prepare a Natural Hazard Mitigation Plan; and WHEREAS, the Common Council of the City of Janesville find that the Rock County Natural Hazard Mitigation Plan and related submissions are in the best interest of, and benefit to, the City of Janesville and its residents and businesses. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Janesville that the Rock County Natural Hazard Mitigation Plan is hereby adopted as the official plan of the City of Janesville; and BE IT FURTHER RESOLVED, that the Rock County Emergency Management Office will submit the adopted Rock County Natural Hazard Mitigation Plan to Wisconsin Emergency Management and Federal Emergency Management Agency officials for final review and approval; 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 concerning this matter that 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. A tnesbA ssaP yaN ey ADOPTED: Motion by: Second by: APPROVED: Councilmember Eric J. Levitt, City Manager ATTEST: Brunner McDonald Jean Ann Wulf, City Clerk-Treasurer Perrotto Rashkin APPROVED AS TO FORM: Steeber Truman Voskuil Wald Klimczyk, City Attorney Proposed by: City Manager Prepared by: City Manager and City Attorney Attorney/shared/Resolution Hazard mitigation Resolution No 2010-707.doc Rock County Emergency Management Telephone: (608) 758 8440 P. O. Box 351 Shirley A. Connors Fax: (608) 758 84013530 N. County Hwy F Coordinator E-mail: connors@co.rock.wi.us Janesville, WI 53547- 0351 DATE: February 1, 2010 TO: Print Media within Rock County FROM: Shirley Connors County Emergency Management Immediate release PUBLIC NOTICE ROCK COUNTY EMERGENCY MANAGEMENT UPDATING THE ROCK COUNTY NATURAL HAZARD MITIGATION PLAN Rock County Emergency Management is currently updating the 2004 Rock County Natural Hazard Mitigation Plan. The Mitigation Plan must be updated to maintain the County’s and participating municipality’s eligibility for funding from Wisconsin Emergency Management and Federal Emergency Management Agency. If you are interested in reviewing or commenting on the County’s Hazard Mitigation Plan please contact the Rock County Emergency Management Office at (608) 758-8440. A copy of the Plan Update is available for inspection at the Rock County Emergency Management Office located at 3530 N. CTH F, Janesville, Wisconsin 53547-0351. Comments must be submitted no later than February 24, 2010. ###