Full Agenda Packet CITY OF JANESVILLE
CITY COUNCIL MEETING AGENDA
MONDAY, July 26, 2010
7:00 P.M.
1. Call to Order and Pledge of Allegiance.
2. Roll Call.
3. City Council regular meeting minutes of July 12, 2010. “C”
4. Licenses; and Recommendations of the Alcohol License Advisory
Committee. (Refer to separate agenda.) “C”
5. Financial statement for the month of June, 2010. “C”
6. Action on a financial gain request from the Janesville Police
Department to conduct a run/walk to benefit Crimestoppers on
August 3, 2010. “C”
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
repealing JGO Chapter 8.75 and recreating JGO Chapter 8.74 regulating
smoking in the City of Janesville with penalties and injunctive relief as set
forth in proposed JGO 8.74.070 and 8.74.080. (File Ord. No. 2010-457)
NEW BUSINESS
1. Presentation on Rock River Sweep Effort.
-----------------------
“C” – This designation indicates an item that the City Council will take up
under a Consent Agenda.
City Council Agenda – July 26, 2010
Page 2
NEW BUSINESS (CONTINUED)
2. Action on a proposed resolution approving an agreement with Janesville
Youth Hockey Association for the operation of the concession stand at the
Janesville Ice Skating Center. (File Res. No. 2010-720)
3. Report on economic development and progress on study session strategies.
4. Report on EECBG – Home Energy Assessment Program.
5. Motion to approve Council President recommended citizen committee
appointment to Leisure Services Advisory Committee and Sustainable
Janesville Committee.
6. Requests and comments from the public on matters which can be affected
by Council action.
7. Matters not on the Agenda.
8. Motion to adjourn.
The use of audible cell phone ringers and active use and response to cellular
phone technology by the governing body, staff and members of the public is
discouraged in the Council Chambers while the Council is in session.
PROCEEDINGS OF THE CITY COUNCIL
CITY OF JANESVILLE, WISCONSIN
REGULAR MEETING
JULY 12, 2010
VOL. 61
NO. 11
Regular meeting of the City Council of the City of Janesville held in the Municipal Building on
July 12, 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,
Steeber, and Truman.
CONSENT AGENDA
Minutes of the special meeting of June 24, 2010.
Minutes of the regular meeting of June 28, 2010.
Licenses and Recommendations of the Alcohol License Advisory Committee.
Authorization for the Administration to deny a personal injury claim from Christine Welcenbach
in the amount of $15,722.34.
Council President Voskuil stated that all items on the consent agenda would be approved as
recommended, if there were no objections. There were none.
Tim Cullen Internship Program students. Council President Voskuil thanked the following High
School students for participating in this program: Nick Strub, Jamie Jensen, Rachel Han, and
Jonathan Hammon.
OLD BUSINESS
1. Requests and comments from the public regarding items on the agenda not requiring a public
hearing. Dave Hyde, 1315 Mineral Point Rd. and Jennifer Wenzel, 2502 Elizabeth St.,
representing National Federation of the Blind, requested the Council keep the existing sidewalk
policy and not make any changes.
2. A proposed ordinance amending Section 18.36.050 (Industrial Districts) of the Code of
General Ordinances received its second reading and public hearing. No one spoke. The public
hearing was closed. Councilmember Steeber moved to adopt said ordinance, seconded by
Councilmember McDonald and passed unanimously. (File Ord. No. 2010-455)
3. A proposed ordinance amending the list of connecting arterial streets received its second
reading and public hearing. No one spoke. The public hearing was closed. Councilmember
McDonald moved to adopt said ordinance, seconded by Councilmember Steeber and passed
unanimously. (File Ord. No. 2010-456)
NEW BUSINESS
1. Discussion/possible action on report from Rink Management Services Corporation on the ice
rink evaluation. Councilmember Perrotto requested a budget comparing the fiscal impact of
single and twin sheets of ice. Councilmember McDonald requested information on when the
land was acquired for the proposed ice rink, the purchase amount and its current value. Council
President Voskuil referred this matter to the Ice Skating Advisory Committee for a
recommendation and scheduled it for Council review on August 23, 2010.
2. Presentation and direction to staff on 2011 Sidewalk Program. Councilmember Truman
moved to continue with the existing sidewalk plan with no less than five miles but nor more than
nine miles to be constructed each year, with notification occurring the year before construction,
seconded by Councilmember Steeber and passed unanimously.
3. Action on a proposed resolution authorizing the sale of property located at 305 South Pearl
Street. Councilmember Rashkin moved to adopt said resolution, seconded by Councilmember
Truman and passed unanimously. (File Res. No. 2010-718)
Council President Voskuil combined action on New Business Items #4 and #5.
Action on proposed resolutions authorizing interfund borrowing to provide interim funding for the
Clean Water Fund Project–Collection System Improvements, and to comply with requirements
of the Wisconsin Clean Water Fund Loan Program (2010-713) and authorizing the City Manager
to proceed with certain improvements to the Wastewater Utility Sanitary Sewer System and to
apply for a Wisconsin Clean Water Fund Loan 2010-714). Councilmember Steeber moved to
adopt said resolutions, seconded by Councilmember Brunner and passed unanimously. (File
Res. Nos. 2010-713 &2010-714)
6. A proposed ordinance repealing JGO Chapter 8.75 and recreating JGO Chapter 8.74
regulating smoking in the City of Janesville with penalties and injunctive relief as set forth in
proposed JGO 8.74.070 and 8.74.080 was introduced and scheduled for a public hearing on
July 26, 2010. (File Ord. No. 2010-457)
7. Requests and comments from the public on matters which can be affected by Council action.
Jack Herndon, 404 S. Walnut St., thanked Council for allowing Redneck Fest and stated they
plan to hold it again. He estimated that the $25,000 in proceeds would be donated to Easter
Seals. Councilmember Truman thanked Mr. Herndon for continuing to work with Council and
Administration. Ty Bollerud, 4608 Pendleton Ct., requested Council build a hydropower plant to
generate income. Andreah Briarmoon, 339 S. Locust St., stated that there was a new offer to
purchase the Case Feed building.
8. Matters not on the agenda. Councilmember Truman stated the new offer to purchase the
Case Feed building was a delay tactic and the City should proceed with the demolition. He
thanked the Friends of Riverside Park, the Rock Aqua Jays, and Red Neck Fest for their events
held over the holiday weekend. He stated his concern on how General Motors plant has been
neglected and is overgrown with weeds and low hanging branches. Councilmember Rashkin,
thanked Officers Woodman and Radloff for letting him ride along on patrol. Council President
Voskuil suggested citizens fill out the tax advice scorecard.
9. Councilmember Steeber moved to adjourn, seconded by Councilmember McDonald and
passed unanimously. There being no further business, Council adjourned at 9:32 PM. These
minutes are not official until approved by the City Council.
Jean Ann Wulf
City Clerk-Treasurer
JANESVILLE CITY COUNCIL
LICENSE AGENDA
7/26/2010
RECOMMENDED
A. ELECTRICIANS–ORIGINAL
Darren T. Herde W245 N6579 Sussex, WI
Paul T. Moser 2007 Julius St. Cross Plains, WI
ADMINISTRATIVE SERVICES MEMORANDUM
July 21, 2010
TO: City Council
FROM: Jacob J. Winzenz, Dir. of Admin. Services/Assistant City Manager
SUBJECT: Action on a Financial Gain Request from the Janesville Police Department
for a Run/Walk to Benefit Crimestoppers
________________________________________________________________
Request
The Janesville Police Department has requested to hold a local run/walk in conjunction
with national Night Out as a fundraiser for Crimestoppers. This is a first time event on
city property involving financial gain and requires approval from city council.
Recommendation
Staff recommends the Council approve this financial gain request.
Suggested Motion
I move to approve the financial gain request for the Janesville Police Department for a
run/walk to benefit Crimestoppers.
Background
The Recreation Division received a request from the Janesville Police Department to
conduct a run/walk as a fundraiser for Crimestoppers. The event is scheduled for
Tuesday, August 3, 2010. The run will begin at 5:00PM at the Police Services Building
with the family walk starting immediately thereafter. Funds raised will be donated to
Crimestoppers. Please find attached their application form.
ATTORNEY’S OFFICE MEMORANDUM
CITY
June 28, 2010
TO: City Council
FROM: Tim Wellnitz, Assistant City Attorney
SUBJECT: Second reading, public hearing and action on a proposed
ordinance repealing JGO Chapter 8.75 and recreating JGO
Chapter 8.74 regulating smoking in the City of Janesville with
penalties and injunctive relief as set forth in proposed JGO
8.74.070 and 8.74.080. (File Ord. No. 2010-457)
Staff Recommendation
Staff recommends the City Council adopt Proposed Ordinance 2010-457
repealing JGO Chapters 8.74 and 8.75 and recreating JGO Chapter 8.74
regulating smoking in the City of Janesville.
City Manager’s Recommendation
The City Manager does not have a recommendation. This is purely a policy
option on whether the City Council wants to further define the enclosed place
definition as outlined in the new State Statute.
Suggested Motion
I move to adopt Proposed Ordinance No. 2010-457.
Request
Council members Brunner and Truman requested a report and ordinance
regulating smoking in the City of Janesville which provides a definition of
enclosed place that is fair and equitable.
Background
A change in state law will become effective on July 5, 2010, which will provide
additional restrictions on smoking. Under these new changes smoking will be
prohibited in several enclosed places, including day care centers, educational
facilities, inpatient health care facilities, theaters, state institutions, restaurants,
taverns, private clubs, retail establishments, common areas of multiple unit
residential properties, lodging establishments, and government buildings. In
addition, smoking will be prohibited in all other enclosed places that are places of
employment or public places. Separate smoking rooms will no longer be
allowed.
1
In addition, the new law specifically prohibits smoking in sports arenas, bus
shelters and public conveyances, even if they don’t meet the definition of
“enclosed place.”
An “enclosed place” is defined as a structure or area that has a roof and more
than two substantial walls. A “substantial wall” is a wall with an opening that may
be used to allow air in from the outside that is less than 25 percent of the wall’s
surface.
Penalties may be imposed against individuals who smoke in prohibited locations
and against the “person in charge” of the place where smoking is prohibited for
not performing their required duties under the law.
Analysis
Concerns have been raised by the League of Wisconsin Municipalities and
others about the new state law definition of enclosed place. This definition could
be interpreted to allow some to argue that a room with four walls in which 25
percent of two of the walls is covered by windows that are partially open would
not be an enclosed place. If the building is not enclosed, then smoking would be
allowed.
Under the new law municipalities have the authority to enact more stringent
regulations regulating indoor smoking. Proposed Ordinance No. 2010-457
creates an ordinance that is consistent with state law. There are two areas which
would be different than state law so as to provide additional clarification to the
“
regulations. The definition of enclosed place under the ordinance would be an
area with a roof and with walls which occupy more than 50% of the perimeter of
the area defining the space. The walls can be temporary or permanent and with
or without openings. A fence, whether solid or open, does not constitute a wall.”
This definition would allow for structures that are surrounded by more than 50%
wall space with a roof to come under the definition of enclosed space and
prohibit smoking. Smoking would be allowed in a location without a roof or with a
roof and 50% or less of the perimeter of the area is occupied by walls. The
second area would clarify that all vehicles that are places of public employment
are enclosed places.
cc: Eric Levitt, City Manager
Jacob J. Winzenz, Assistant City Manager/Dir. of Administrative Services
2
ORDINANCE NO. 2010 - 457
An ordinance repealing JGO Chapter 8.75 and recreating JGO Chapter 8.74 regulating smoking in the
City of Janesville with penalties and injunctive relief as set forth in proposed JGO 8.74.070 and
8.74.080.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I.
Chapter 8.75 of the Code of General Ordinances of the City of Janesville is hereby
repealed.
SECTION II.
Chapter 8.74 of the Code of General Ordinances of the City of Janesville is hereby
recreated to read as follows:
Chapter 8.74
REGULATION OF SMOKING
Sections:
8.74.010 Intent and purpose.
8.74.020Adoption of State Laws – More Stringent Laws Govern
8.74.030 Definitions.
8.74.040 Prohibition Against Smoking
8.74.050 Responsibility of Persons In Charge
8.74.060 Exceptions
8.74.070 Penalties
8.74.080 Injunctive Relief
8.74.010 Intent and Purpose
. The Common Council of the City of Janesville hereby find
that:
A
. It is recognized and found that smoking of cigarettes and tobacco products is hazardous
to an individual’s health and may affect the health of nonsmokers when they are involuntarily in the
presence of smoking.
B
. Numerous scientific studies have found that tobacco smoke is a major contributor to
indoor air pollution.
C.
Reliable scientific studies, including studies conducted by the Surgeon General of the
United States, have shown that breathing sidestream or secondhand smoke is a significant health hazard
to nonsmokers; particularly to children, elderly people, individuals with cardiovascular disease, and
individuals with impaired respiratory function, including asthmatics and those with obstructive airway
disease.
D
. Health hazards induced by breathing sidestream or secondhand smoke include lung
cancer, respiratory infection, decreased respiratory function, decreased exercise tolerance,
bronchoconstriction and bronchospasm.
E.
Reliable scientific studies assessed by the California Environmental Protection Agency
have found that sidestream and secondhand tobacco smoke is a leading cause of premature death and
disability among non-smokers.
F.
Air pollution caused by smoking is an offensive annoyance and irritant. Smoking results
in serious and significant physical discomfort to nonsmokers.
G
. This ordinance is adopted for the purpose of protecting the public health, safety, comfort
and general welfare of the people of the City of Janesville, especially recognizing the rights of
nonsmokers who constitute a majority of the population; educating citizens affected by this ordinance;
and assisting individuals and persons in charge in maintaining compliance.
8.74.020 Adoption of State Laws – More Stringent Laws Govern
A.
Incorporated herein by reference and made a part of this chapter as if fully set forth
verbatim are Wis. Stats. § 101.123 as from time to time amended or renumbered. Any and all acts
required to be performed or prohibited by any statutes so incorporated by reference is/are required or
prohibited by this chapter. Any future amendments, revisions, or modifications of the statutes
incorporated by this chapter are also adopted and incorporated as a part of this chapter.
B.
The more stringent provision set forth in this chapter or that is set forth in the
incorporated state law(s) shall always take precedence and govern, notwithstanding any conflict,
inconsistency or ambiguity to the contrary. The intent is to at all times render this chapter in full force
and effect and in conformity with Wis. Stats. § 101.123 as from time to time amended or renumbered.
8.74.030 Definitions
. For the purposes of this chapter:
A. "Assisted living facility"
means a community-based residential facility, as
defined in Section 50.01(1g), a residential care apartment complex, as defined in Section 50.01(1d), or
an adult family home, as defined in Section 50.01(1)(b) of the Wisconsin Statutes, as from time to time
amended or renumbered.
B. "Child care center"
has the meaning given in Section 49.136(1)(ad) of the Wisconsin
Statutes, as from time to time amended or renumbered.
C."Correctional facility"
means any of the following:
1. A state prison, as defined or named in Section 302.01, except a correctional
institution under Sections 301.046(1) or 301.048(4)(b) of the Wisconsin Statutes, as from time to time
amended or renumbered, if the institution is the prisoner's place of residence and no one is employed
there to ensure the prisoner's incarceration.
2. A juvenile detention facility, as defined in Section 938.02(10r), or a juvenile
correctional facility, as defined in Section 938.02(10p), except a juvenile correctional facility authorized
under Sections 938.533(3)(b), 938.538(4)(b), or 938.539(5) of the Wisconsin Statutes, as from time to
time amended or renumbered if the facility is a private residence in which the juvenile is placed and no
one is employed there to ensure that the juvenile remains in custody.
3. A jail, as defined in Section 165.85(2)(bg), a Huber facility under Section
303.09, a work camp under Section 303.10, a reforestation camp under Section 303.07, or a lockup
facility under Section 302.30 of the Wisconsin Statutes as from time to time amended or renumbered.
D. "Educational facility"
means any building used principally for educational purposes in
which a school is located or a course of instruction or training program is offered that has been approved
or licensed by a state agency or board.
E. "Employment"
means any trade, occupation, or process of manufacture or any method
of carrying on such trade, occupation, or process of manufacture in which any person may be engaged.
F. "Enclosed place"
means an area with a roof and with walls which occupy more than
50% of the perimeter of the area defining the space. The walls can be temporary or permanent and with
or without openings. A fence, whether solid or open, does not constitute a wall.
G."Inpatient health care facility"
means a hospital, as defined in Section 50.33(2), a
county home established under Section 49.70, a county infirmary established under Section 49.72, a
nursing home, as defined in Section 50.01(3), a hospice, as defined in Section 50.90(1), a Wisconsin
veterans home under Section 45.50 of the Wisconsin Statutes as from time to time amended or
renumbered, or a treatment facility.
H. "Lodging establishment"
means any of the following:
1. A bed and breakfast establishment, as defined in Section 254.61(1) of the
Wisconsin Statutes as from time to time amended or renumbered.
2. A hotel, as defined in Section 254.61(3) of the Wisconsin Statutes as from time to
time amended or renumbered.
3. A tourist rooming house, as defined in Section 254.61(6) of the Wisconsin
Statutes as from time to time amended or renumbered.
I."Person in charge"
means the person, or his or her agent, who ultimately controls,
governs or directs the activities aboard a public conveyance or at a location where smoking is prohibited
or regulated under this chapter.
J. "Place of employment"
means any enclosed place that employees normally frequent
during the course of employment, including an office, a work area, an elevator, an employee lounge, a
restroom, a conference room, a meeting room, a classroom, a hallway, a stairway, a lobby, a common
area, a vehicle, or an employee cafeteria.
K. "Private club"
means a facility used by an organization that limits its membership and is
organized for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose.
L. "Public conveyance"
means a mass transit vehicle as defined in Section 340.01(28m), a
school bus as defined in Section 340.01(56) of the Wisconsin Statutes as from time to time amended or
renumbered, or any other device by which persons are transported, for hire, on a highway or by rail,
water, air, or guidewire within this state, but does not include such a device while providing
transportation in interstate commerce.
M. "Public place"
means any enclosed place that is open to the public, regardless of
whether a fee is charged or a place to which the public has lawful access or may be invited.
N. "Restaurant"
means an establishment as defined in Section 254.61(5) of the
Wisconsin Statutes as from time to time amended or renumbered.
O. "Retail establishment"
means any store or shop in which retail sales is the principal
business conducted.
P. "Retail tobacco store"
means a retail establishment that does not have a "Class B"
intoxicating liquor license or a Class "B" fermented malt beverages license and that generates 75 percent
or more of its gross annual income from the retail sale of tobacco products and accessories.
Q. "Smoking"
means burning or holding, or inhaling or exhaling smoke from, any of the
following items containing tobacco:
1. A lighted cigar.
2. A lighted cigarette.
3. A lighted pipe.
4. Any other lighted smoking equipment.
R. "Sports arena"
means any stadium, pavilion, gymnasium, swimming pool, skating rink,
bowling center, or other building where spectator sporting events are held.
S. "State institution"
means a mental health institute, as defined in Section
51.01(12), a center for the developmentally disabled, as defined in Section 51.01(3), or a secure mental
health facility at which persons are committed under Section 980.06 of the Wisconsin Statutes as from
time to time amended or renumbered.
T."Tavern"
means an establishment, other than a restaurant, that holds a "Class B"
intoxicating liquor license or Class "B" fermented malt beverages license.
U. "Tobacco bar"
means a tavern that generates 15 percent or more of its annual gross
income from the sale on the tavern premises, other than from a vending machine, of cigars and tobacco
for pipes.
V. "Tobacco product"
means any form of tobacco prepared in a manner suitable for
smoking but not including a cigarette.
W. "Treatment facility"
means a publicly or privately operated inpatient facility that
provides treatment of alcoholic, drug dependent, mentally ill, or developmentally disabled persons.
X. "Type 1 juvenile correctional facility"
has the meaning given in Section 938.02(19) of
the Wisconsin Statutes as from time to time amended or renumbered.
8.74.040 Prohibition Against Smoking
.
A.
Except as provided in 8.74.060, no person may smoke in any of the following enclosed
places:
1. Residence halls or dormitories owned or operated by a college or university.
2. Child care centers.
3. Educational facilities.
4. Inpatient health care facilities.
5. Theaters.
6. Correctional facilities.
7. State institutions.
8. Restaurants.
9. Taverns.
10. Private clubs.
11. Retail establishments.
12. Common areas of multiple-unit residential properties.
13. Lodging establishments.
14 State, county, city, village, or town buildings.
15. All enclosed places, other than those listed in subds. 1. to 14., that are places of
employment or that are public places. All vehicles that are places of employment are considered
enclosed places notwithstanding 8.74.030 (F).
B.
No person may smoke at any of the following outdoor locations:
1. Anywhere on the premises of a child care center when children who are receiving
child care services are present.
2. Anywhere on the grounds of a Type 1 juvenile correctional facility.
3. A location that is 25 feet or less from a residence hall or dormitory that is owned
or operated by the Board of Regents of the University of Wisconsin System.
C.
No person may smoke in any of the following:
1. A sports arena.
2. A bus shelter.
3. A public conveyance.
8.74.050Responsibility of Persons In Charge
A.
No person in charge may allow any person to smoke in violation of 8.74.040 at a location
that is under the control or direction of the person in charge.
B.
A person in charge may not provide matches, ashtrays, or other equipment for smoking
at the location where smoking is prohibited.
C.
A person in charge shall make reasonable efforts to prohibit persons from smoking at a
location where smoking is prohibited by doing all of the following:
1. Posting signs setting forth the prohibition and providing other appropriate
notification and information concerning the prohibition.
2. Refusing to serve a person, if the person is smoking in a restaurant, tavern, or
private club.
3. Asking a person who is smoking to refrain from smoking and, if the person
refuses to do so, asking the person to leave the location.
D.
If a person refuses to leave a location after being requested to do so as provided in par.
(C) 3., the person in charge shall immediately notify an appropriate law enforcement agency of the
violation.
E.
A person in charge may take measures in addition to those listed in pars. B and C to
prevent persons from being exposed to others who are smoking or to further ensure compliance with this
section.
8.74.060 Exceptions
The prohibition against smoking in 8.74.040 does not apply to the
following:
A.
A private residence.
B.
A room used by only one person in an assisted living facility as his or her residence.
C.
A room in an assisted living facility in which 2 or more persons reside if every
person who lives in that room smokes and each of those persons has made a written request to the
person in charge of the assisted living facility to be placed in a room where smoking is allowed.
D.
A retail tobacco store that is in existence on June 3, 2009, and in which only the smoking
of cigars and pipes is allowed.
E.
A tobacco bar that is in existence on June 3, 2009, and in which only the smoking of
cigars and pipes is allowed.
8.74.070 Penalties
A.
Any person who violates 8.74.040 shall be subject to a forfeiture of not less than
One Hundred Dollars ($100) nor more than Two Hundred Fifty Dollars ($250) for each violation
together with the costs of prosecution, for each offense, or, in default of payment of such penalty shall
be imprisoned for no more than sixty days for each violation in addition to such other penalties,
remedies, sanctions and relief as may be, from time to time, provided by law.
B.
Except as provided in pars. (C) and (D), any person in charge who violates
8.74.050 (B), (C), or (D) shall be subject to a forfeiture of One Hundred Dollars ($100) for each offense
together with the costs of prosecution, or, in default of payment of such penalty shall be imprisoned for
not more than sixty days for each violation in addition to such other penalties, remedies, sanctions and
relief as may be, from time to time, provided by law.
C.
For violations subject to the forfeiture under par. B, if the person in charge has not
previously received a warning notice for a violation of 8.74.050 (B), (C), or (D), the law enforcement
officer shall issue the person in charge a warning notice and may not issue a citation.
D.
No person in charge may be required under par. (B) to forfeit more than One Hundred
Dollars ($100) for each violation together with the costs of prosecution for all violations of 8.74.050 (B),
(C), or (D) occurring on a single day or in default of payment of such penalty shall be imprisoned for not
more than sixty days for each violation in addition to such other penalties, remedies, sanctions and relief
as may be, from time to time, provided by law.
8.74.080 Injunctive Relief.
State or local officials or any affected party may institute an
action in any court with jurisdiction to enjoin repeated violations of this section.
ADOPTED: Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
Eric J. Levitt, City Manager
McDonald
Perrotto
ATTEST:
Rashkin
Steeber
Truman
Jean Ann Wulf, City Clerk-Treasurer
Voskuil
APPROVED AS TO FORM:
Assistant City Attorney
Proposed by: Council Members Brunner and
Truman
Prepared by: Assistant City Attorney and Manager
of Building and Development Services
CITY MANAGER’S OFFICE MEMORANDUM
July 16, 2010
TO: City Council
FROM:Eric J. Levitt, City Manager
SUBJECT: Presentation on Rock River Sweep Effort.
Background
Dave Peterson, the spokesperson and co-director for "Rock'n'Janesville", will be
providing a brief presentation to the City Council on his group’s effort to have the
st
Janesville area join in the Rock River Sweep organized to take place July 31.
The City will be supporting their effort through providing them the ability to place the
waste collected at the landfill at no cost and some tools from Parks to assist with the
cleanup.
This agenda item is to provide the directors an opportunity to inform the Council more
about the Rock River Sweep effort.
A letter publicizing the event is attached.
Recommendation
No recommendation as this is a presentation with no action intended.
Attention Janesville Civic Leaders!,
Attention Janesville Civic Leaders!,
“Janesville Pride” has been a long standing motto
here in River City. Those sentiments are still here and we all
feel it-we all believe it. We would like to introduce an effort
where our Janesville Pride can proudly be displayed again!
Join us on July 31, 2010 as we show our pride by
participating in the Rock River Sweep program where we all
pitch in and clean-up areas along the Rock River. This
participation will only ask for 3 hours of effort between 8:30
and 11:30 AM on Saturday, July 31.
Our local effort is called “Rock’n’Janesville” and we propose to clean-up both sides of the Rock
River, from the south end of Janesville to the north end, and then also extending to Indianford. Local
sponsors include Stateline Recycling, Harborfest Aquatics, The Tool House, Inc., and the City of
Janesville. Additionally, our local effort is also supported by American Rivers and the Rock River Sweep
organizations.
As co-directors, Dave Peterson and Dave Wirth will be heading this important annual project.
The primary goal for 2010 is to raise the awareness of why cleaning up the Rock River is of paramount
importance. We believe that since the Rock River was the natural focal point of a young Janesville it
should come back full-circle and become the focal point again for the years to come. An attractive and
beautiful river and riverfront can only enhance prospects of bringing people and business to our city.
To this end, we are initiating this clean-up effort this year by asking that service groups take
ownership of a section of the river to clean-up. The requested area of the river can be large or small but
it can become yours to clean. That’s the Janesville Pride we referred to earlier. Also, for individual civic
leaders who want to help we will assemble a pool of people who can be assigned to assist volunteer
service groups. As a service to you we would also be happy to present to your group a 10 minute show
with images and information concerning this Rock’n’Janesville Project.
If you are interested and would like more information please join us, Dave Peterson and Dave
Wirth, representing the Rock’n’Janesville Group for the July 31, 2010 Rock River Sweep Program, at
7 PM on July 6, 2010 at M&I Bank at 100 North Main Street. (Use the Parker Drive entrance to the
bank.) In the meantime, please contact us at 608-290-8809 or 608-774-0141 for more information.
You can also find us on Facebook at http://www.facebook.com/#!/pages/RocknJanesville-Ist-
Annual-Rock-River-Clean-up/125967060775512?ref=ts
Thank you for considering being involved in this important activity for the Janesville and Rock
River area! Rock’n’Janesville has Janesville Pride!
Rock’n’Janesville logo by Janesville’s own Stacy Hoch
CITY MANAGER’S OFFICE MEMORANDUM
July 26, 2010
TO: City Council
FROM:Eric J. Levitt, City Manager
SUBJECT: Action on a Proposed Resolution Approving an Agreement with Janesville
Youth Hockey Association for Operation of the Concession Stand at the
Janesville Ice Skating Center. (File Res. No. 2010-720)
Request
The City Manager is requesting consideration of approval of the City’s agreement with
Janesville Youth Hockey Association (JYHA) for operations of the concessions at the
Janesville Ice Rink located on Beloit Avenue.
Staff Recommendation
The City Manager recommends approval of the 5 year agreement with Janesville Youth
Hockey for the operations of the concessions.
Suggested Motion
I move the Council approve File Resolution 2010-720 to approve an agreement for the
operations of the concessions at the Janesville Ice Rink between the City of Janesville and
the Janesville Youth Hockey Association.
Background
The City currently contracts with Janesville Youth Hockey to operate the concession stand
at the Janesville Ice Rink. Janesville Youth Hockey has been operating the concession
stand since 2001 and has paid a flat fee of $5,000 per year to the City.
The current contract that is before you for your review has a few new elements.
?
The contract would be for up to 5 years at the current location.
?
The contract is specific to the Beloit Avenue location. If a new facility is
constructed, there may need to be changes in association with the new facility.
?
The contract adds the Janesville Jets games officially to the contract. They were
not previously mentioned but the contract between the Jets and the City allowed for
Youth Hockey to operate the rink.
?
The fee for the operation would be for the City to receive 12.5% of net proceeds.
It is the City Manager’s understanding that the executive committee of Youth Hockey
approves of this fee arrangement, but will be presenting the contract to the Youth Hockey
Board for approval in August.
Attached is a summary of the income generated by the ice rink for the City Council’s
review.
The summary of income shows that the City would receive approximately $3,600 with
12.5 % percentage. However, other concessions contracted out in the warming room
could potentially increase that income.
7/20/10
CITY OF JANESVILLE
ICE SKATING CENTER
CONCESSION AGREEMENT
With
JANESVILLE YOUTH HOCKEY CLUB
This Agreement, made and entered into this day of , by and
between the City of Janesville, a Wisconsin municipal corporation, conducting its
principal business at 18 North Jackson Street, City of Janesville, County of Rock, State
of Wisconsin (hereinafter “CITY”), and
Janesville Youth Hockey Club
A member of the Wisconsin Amateur Hockey Association, Inc., WIH4003, Region 4 –
Div 2, P.O. Box 724, Janesville, WI 53547-0724
PRESIDENT:
Mark Lessner, 910 N. Wright Rd, Janesville 53546
PH:
(H) 608-752-5593, (C) 608-290-9170
EM:
lessnermark@charter.net
WEBSITE: www.janesvilleyouthhockey.com
Hereinafter designated as the “CONCESSIONAIRE,” an independent contractor.
WHEREAS, the CONCESSIONAIRE desires to operate said Concession Stand within
the Janesville Ice Skating Center as an independent contractor, and the CITY is willing
to allow the operation of the same by the CONCESSIONAIRE, all upon the terms
hereinafter set forth;
WITNESSETH that for and in consideration of the promises, respective, benefits,
consideration, and the mutual agreements and undertakings of the parties hereto, the
CONCESSIONAIRE agrees to manage and operate a CITY owned concession stand at
one of the City’s recreation facilities, within the City of Janesville, Rock County, known
Janesville Ice Skating Center 821 Beloit Avenue
as the address: (hereinafter the
“Concession Stand”) as designated by the CITY, and the CITY permits the
CONCESSIONAIRE’s operation and use of the Concession Stand but only in strict
accord with the terms, conditions, promises, obligations, and provisions set forth in this
City of Janesville Ice Skating Center Concession Agreement With Janesville Youth
Hockey Club (hereinafter “LEASE AGREEMENT”).
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND
PROMISES OF THE PARTIES HERETO and of the further respective terms, promises,
provisions, benefits, consideration, and obligations of the parties to this Lease
Agreement, the sufficiency of which is hereby acknowledged by both parties; each party
hereby agrees and binds itself as follows:
1
The CONCESSIONAIRE shall provide concession services at the concession stand
according to the following:
1. A. Provision of Labor – The CONCESSIONAIRE shall, at its own expense, provide
a sufficient number of volunteers. In most instances the stand should be staffed with
at least two people to adequately service the public promptly and efficiently and in a
manner satisfactory to the CITY.
B. It is the intent of the parties hereto that, at all times and for all purposes, the
CONCESSIONAIRE shall be considered, and shall be, legally an independent
contractor and that neither the CONCESSIONAIRE nor any of its volunteers,
agents, employees, officers, officials, or representatives, shall under any
circumstances, act or be considered or construed employees, servants,
representatives, or agents of the City of Janesville. The CITY shall at no time be
legally or otherwise responsible or liable for any negligence on the part of said
CONCESSIONAIRE, the volunteers, servants, representatives, or agents, resulting
in either personal or property damage to any person.
2. Premises: The leased premises shall include the Concession Stand area of the
Janesville Ice Center. In addition, the lessee has the right to access approved space (at
the discretion of the Janesville Ice Center Manager for concession storage.
3. Observance of Laws and Ordinances – This Agreement shall be governed by the
laws of the State of Wisconsin.
The CONCESSIONAIRE shall comply with all applicable licensing and other
provisions of the ordinances of the City and of the County of Rock, and all laws of
the State of Wisconsin. The CONCESSIONAIRE shall obtain, pay for and hold any
and all necessary licenses for the operation of the concession stand and shall
insure inspection of facilities as required by the State Statutes, City, and County
ordinances.
4. A. Description of Work – The CITY hereby grants the CONCESSIONAIRE
Janesville Ice Center located at 821 Beloit
permission to sell at retail and within
Avenue
, soft drinks, pre-packaged candy and chips, ice cream products and other
such items of personal property designated for use or consumption, and normally
sold or vended in public parks provided, however, that no intoxicating beverages or
smoking materials of any kind or character shall be stored, sold, or vended by said
CONCESSIONAIRE either within or without said park, or for use or consumption
therein.
B. The CONCESSIONAIRE shall, at all times, strictly observe and conform to, and
abide by each and every rule and regulation pertaining to the operation of said
concession(s):
(1) Workers: The CONCESSIONAIRE shall schedule and use only competent,
courteous volunteers and employees. All volunteers and employees of the
CONCESSIONAIRE shall be neatly dressed at all times. Volunteers and
employees shall at all times conduct themselves courteously in their relations
2
with the public. Minimum age of CONCESSIONAIRE’s employees and
workers shall be 14 years of age, each with a valid work permit.
(2) Sales: All sales shall be made from the concession stand and there shall
be no peddling through the Janesville Ice Center. All supplies and materials
shall be furnished by the CONCESSIONAIRE. Soft drinks must be served in
disposable cups, plastic bottles or aluminum cans. No beer or liquors of any
kind shall be stored, sold, distributed or consumed in or about the concession
area(s). In addition, no punchboards or gambling devices shall be permitted
in or about the concession area(s). Whenever candy is sold, a variety of
types and price ranges are to be featured and displayed prominently in plain
view of the patron. Lessee may only serve consumable food and beverages.
Sale of other non-consumable products requires permission of the Ice Center
Manager.
The CONCESSIONAIRE shall document sales via a cash register at the time
of sale with daily gross receipts recorded on daily, weekly and/or monthly
financial statements. Acceptable accounting procedures shall be used in
recording the financial statistics of the concession stand operations.
(3) Site: The CONCESSIONAIRE shall at all times keep the concession stand
and the areas immediately around it clean, attractive and orderly. The
concession stand area will be swept at the end of each shift. The
CONCESSIONAIRE shall place all garbage and refuse in appropriate
outdoor garbage and/or recycling receptacles. The CONCESSIONAIRE
shall not allow any advertising to be posted outside the concession area
without prior approval of the Ice Center Manager.
(4) Deliveries: The CONCESSIONAIRE and/or supplier delivery trucks shall
not drive on the grass, nor shall any other vehicles be permitted off the
paved roadways and parking areas.Delivered product must be stored in a
secured area.
(5) Reporting of Damage: Any vandalism or damage to the concession area or
to any part of the building will be reported to the CITY as soon as possible
by the CONCESSIONAIRE.
(6) Taxes: The CONCESSIONAIRE shall be solely responsible and shall pay
any and all income, sales and other applicable Federal and State taxes
arising from and/or pertaining to this contract and/or the activities described
herein.
(7) On Premises After Hours: The CONCESSIONAIRE shall not permit any
agent, representative, or volunteer to remain in or upon the park or any
premises of the CITY in any of the buildings, structures, or locations
occupied by the CONCESSIONAIRE at any time after the close of business
(see Schedule “A”).
3
(8) Hours of Operation: The CONCESSIONAIRE will operate the concession
stand during all club activities, public skating sessions, High School hockey,
Janesville Jets games and special events and programs as the attendance
dictates.
5. Term: The CONCESSIONAIRE is hereby granted the CITY’S permission to operate
aforementioned concessions for a period of five (5) years, commencing January 1,
2010 and ending December 31, 2014. The operation of the concession stand by the
CONCESSIONAIRE as described in this Lease Agreement is based upon the
opening and closing dates of the facility. The dates and hours of operation shall be
listed in Schedule “A” which is incorporated herein by reference and is subject to the
approval of the Ice Center Manager. There shall be no automatic renewal or
extension of this Lease Agreement AND the CITY and/or its CITY MANAGER may
cancel and terminate this Lease Agreement at any time without cause or liability for
any damages upon thirty (30) days prior notice.
A. The CITY will provide seasonal hours of operation to CONCESSIONAIRE.
CONCESSIONAIRE must perform all related activities to the concession operation
within these available hours.
6. A. Buildings and/or Equipment: Rooms and locations, and any and all parts
thereof, which are the property of the CITY shall forever remain the property of the
CITY, and upon the expiration or termination of this contract by lapse of time, non-
renewal or otherwise, and at the end of each year, the CONCESSIONAIRE shall
immediately surrender possession of all of said premises to the CITY in as good or
better condition as said premises were when first occupied by CONCESSIONAIRE
under the terms of the contract.
B. The CITY shall maintain the premises in good working order and repair. This
paragraph shall apply to the use of City buildings only, not to the use of private
concession conveyances or private facilities, devices, equipment, appliances and
chattels. The CONCESSIONAIRE is responsible for pest control in the concession
stand. The CITY is responsible for the balance of the premises.
C. The CITY shall pay for the cost of utility services including electricity and sewer
where available. The CITY may provide light bulbs, first aid kit and fire
extinguishers to maintain a safe, attractive, functional premise.
D. The CONCESSIONAIRE is responsible for providing and maintaining all
necessary equipment supplies and inventory for its use in the operation of the
concession stand described in this contract. All concession equipment will be the
property of the CONCESSIONAIRE.
E. Where applicable, the CITY may provide two sets of keys to the concession
stand(s) which shall be returned to the CITY upon demand upon the expiration,
non-renewal or termination of this contract. The CONCESSIONAIRE cannot change
locks or keys without the City’s knowledge and approval.
4
F. The CONCESSIONAIRE will post a sign outside the concession stand stating the
stand is being operated by the Janesville Hockey Association. The location and size
of the sign must be approved by the Ice Center Manager.
7. Inspection: The CITY and its employees shall have, and the CONCESSIONAIRE
grants, the right to enter upon and inspect, from time to time, and at any time at the
discretion of the CITY and its employees, the CONCESSIONAIRE’S concession
area, stand and related facilities, and chattels, and any and all equipment and stock
of merchandise therein. All sites are subject to the inspection of the Rock County
Health Department.
8. Vending Machines: The Lessee has the right to provide up to 6 vending machines
for dispensing food and beverages only. Vending machine locations and changes
must be approved by the Ice Center Manager.
9. Insurance:
A. The CONCESSIONAIRE shall obtain, at all times maintain, and pay for, solely at
its own expense, property and casualty insurance for any and all equipment,
inventory, vehicles and supplies stored in the concession stand or other areas under
its control under this contract, including, but not limited to, fire, theft, wind, flood and
vandalism.
B. The CONCESSIONAIRE shall obtain, at all times maintain and pay for, solely at
its own expense, general liability insurance including death, personal injury and
property damage coverage with a limit of not less than $300,000 per occurrence
and $1,000,000 aggregate. The use of an umbrella insurance policy to provide part
of this coverage may be acceptable at the discretion of the Leisure Services
Director. The policy(s) must designate the CITY and each and every of the CITY’S
elected and appointed officials, employees, officers, agents and representatives, as
an additional or co-insured. Such insurance coverage shall cover all acts and
Janesville Ice Center concession stands.
omissions on and/or about the The
CONCESSIONAIRE shall indemnify and save harmless the CITY and each and
every of its elected and appointed officials, officers, employees, agents and
representatives and each and every of their respective successors, assigns, heirs
and conveyees, from and against any and all losses, costs (including attorney’s
fees), demands, claims, payments, damages, expenses, judgements and liability
(including statutory liability in connection with claims for damages as a result of
injury or death of any premises by the CONCESSIONAIRE, CONCESSIONAIRE’S
officers, directors, volunteers, agents, representatives and any and all other
persons.
C. The CONCESSIONAIRE shall furnish the CITY with certificates of insurance
showing coverage as required by this contract prior to engaging in any sales
activities. The CONCESSIONAIRE shall provide to the CITY not less than thirty
(30) days written notice if any insurance coverage(s) required by this contract is
canceled or otherwise decreased or affected by any insurance company.
D. The CITY may obtain and maintain property insurance coverage for the fair
market value of the facility being used by the CONCESSIONAIRE and any
equipment contained therein owned by the CITY. Any additional items the
5
CONCESSIONAIRE wishes to cover with insurance shall be covered solely at the
CONCESSIONAIRE’S expense with documentation provided to the CITY.
E. The CITY shall not be responsible for any loss by fire, theft, wind, flood,
vandalism or any other casualty or cause to CONCESSIONAIRE or any other
person regardless of cause and/or origin. CONCESSIONAIRE hereby forever fully
releases, waives, discharges and indemnifies the CITY from same.
10. Sublet: The CONCESSIONAIRE shall not assign this contract and shall not sublet
or assign all or any part of the concession(s) without prior written consent of the
CITY.
This Agreement may not be assigned by any party without the prior written consent
of the other under any circumstances.
11. Failure to Comply: In the event that the CONCESSIONAIRE fails to comply with
one or more of the terms, provisions or promises set forth in this contract, such
failure shall be considered a default and/or breach of the contract. Failure to cure
such default within seven (7) days after receipt of written notice thereof from the
CITY may result in termination of this contract at the option of the CITY. This
remedy is in addition to and not in lieu of any other legal or equitable right, remedy
and/or privilege to which the CITY is or may be entitled. Termination of this contract
by the CITY may be upon written notice to the CONCESSIONAIRE, in which event
this contract shall be void and of no further force or effect whatsoever and the
CONCESSIONAIRE shall immediately deliver up possession of premises to the
CITY, immediately cease all sales activities, and immediately remove itself and any
and all CONCESSIONAIRE owned supplies, inventory and equipment thereof.
Remedies in this Agreement are cumulative with others in the Agreement and with
those provided at law and equity. Each party has available to it all possible
remedies and the choice of one remedy will not prevent or resort to one or more
other remedies.
Each party is excused from performing under the contract in the event such party is
prevented from performing due to a force majeure.
12. Indemnification: The CONCESSIONAIRE hereby fully and forever indemnifies,
releases, discharges, saves and keeps harmless the City of Janesville and each
and every of its elected and appointed officials, officers, employees,
representatives, agents and their successors, heirs and assigns, of and from any
and all liability, liens, damages, claims, awards, payments, judgments, costs,
damages, fees, and expenses, including attorney fees, of whatsoever kind or nature
which are and/or may in any way be suffered by, or which may accrue against or be
charged to or recovered from the City of Janesville or by any of its officers, officials,
agents, representatives, or employees, and/or their successors, heirs or assigns
arising from, pertaining to, and/or in consequence of the operation of the
concession by, and/or any act, omissions, negligence and/or malice of, the
CONCESSIONAIRE, its officers, directors, employees, representatives, and/or
agents.
6
13. Termination:
A. This contract shall be subject to termination by the CONCESSIONAIRE
regardless of grounds therefore, by giving the CITY sixty (60) days prior written
notice of termination.
B. The contract shall be subject to termination by the CITY with cause, in addition
to, any and all other reasons set forth elsewhere in this contract, upon the
happening of any one or more of the following:
1. The CONCESSIONAIRE is adjudicated bankrupt, is in receivership, or
because of its financial condition is judged by the Leisure Services Director
as being or appearing unable to continue a successful operation.
2. Failure of the CONCESSIONAIRE to perform, keep, and observe any of
the provisions of the contract; and/or the failure of the CONCESSIONAIRE
to correct the default or breach within the time as specified by the Leisure
Services Director.
3. Singular, infrequent, occasional, frequent, repeated or numerous failures of
the CONCESSIONAIRE to perform, keep and observe any one or more
than one of the provisions of the contract, regardless of whether the
CONCESSIONAIRE has cured or has attempted to cure, any such defaults
or breaches of contract.
4. Five (5) day prior written or verbal notification of termination by the CITY to
the CONCESSIONAIRE for just cause.
5. The Contract can be terminated by the CITY without cause by providing the
CONCESSIONAIRE sixty (60) days prior written notice of termination.
14. Rent Fee: The CONCESSIONAIRE annually shall pay to the CITY a rent fee of
twelve and one-half percent (12 ½%) of all annual net sales revenues (gross
revenues less reasonable costs and expenses), from the commencement date to the
date of termination of this contract whether or not the termination is the result of
default, cancellation, breach, expiration, or otherwise.
Payment of the annual rent fee to the City shall be due and made to the CITY no
thst
later than the 15 day of December for sales that occurred from December 1 of the
th
prior year through November 30 of the current year. Payment of the annual rent
fee for the first year of this term shall also be made payable on December 15 of
2010 and then annually due each subsequent December 15.
15, Partnership: Nothing contained herein constitutes nor shall it be construed as
creating any partnership between the parties hereto.
16. Licenses: The CONCESSIONAIRE is responsible for securing all necessary City,
County, and State licenses and permits.
17. Modifications: This contract may be modified at any time but only upon mutual
written agreement of the parties, executed by both parties.
7
18. Severability: This contract is severable. Each and every part, portion, provision,
promise, obligation, term and section is severable. In the event any such part,
portion, provision, promise, obligation, term or section is found by any court of
competent jurisdiction to be unenforceable for whatever reason, the remaining
parts, portions, provisions, promises, obligations, terms and sections shall remain
unaffected, binding, and if full force and effect. The intent of the parties is that the
enforceable remaining parts, portions, provisions, promises, obligations, terms and
sections of this Agreement shall be enforced even though one or more other parts,
portions, provisions, promises, obligations, terms and sections are found not
enforceable.
19. Time: Time is of the essence as to the performance of each and every part, portion,
provision, promise, obligation, term and section set forth in this Agreement.
20. Waiver of Agreement: No part, portion, provision, promise, obligation, term or
section of the Agreement shall be deemed waived by reason of one party failing to
enforce such breach at any time. Any such waiver must be in writing.
21. Notice: If notice needs to be provided, notice to the CONCESSIONAIRE may be
sent by regular mail addressed as follows:
JANESVILLE YOUTH HOCKEY CLUB
821 BELOIT AVENUE
JANESVILLE, WI 53545
If notice needs to be provided to the City of Janesville, send to:
LEISURE SERVICES DIVISION
18 N. JACKSON STREET
JANESVILLE, WI 53545
8
22. Duplicates: This Agreement may be executed in duplicate original counter parts.
Signed and dated this ____________ day of ______________ in year ___________.
IN WITNESS WHEREOF, the parties have set their hands and seals at Janesville,
Wisconsin, on all the dates first written above.
CONCESSIONAIRE: WITNESS:
Name Name
PRESIDENT:
Mark Lessner, 910 N. Wright Rd, Janesville 53546
PH:
(H) 608-752-5593, (C) 608-290-9170
EM:
lessnermark@charter.net ________________________________
Title Title
Signature Signature
CITY OF JANESVILLE Witness:
_______________________________ __________________________
City Manager Eric J. Levitt Jean Ann Wulf, City Clerk
Approved as to form:
___________________________
Wald Klimczyk, City Attorney
9
SCHEDULE A – JANESVILLE YOUTH HOCKEY
CONCESSIONS
The CONCESSIONAIRE shall provide concession services for all games, special
events, public skating sessions, leagues or tournaments scheduled by the Recreation
Department. The CONCESSIONAIRE will provide concession services for High School
hockey games. The stand will remain open until the last scheduled game has begun for
that day and/or evening. The CITY shall provide the CONCESSIONAIRE with adequate
notice of scheduled games/tournaments.
DATES: HOURS OF OPERATION:
1.
2.
3.
4.
APPROVED BY:
Ice Center Manager
Shared/Youth Hockey Concession Lease Agreement 010110 - 123114
10
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Janesville City Council
Economic Development Update
July 26, 2010
Janesville’s Economic Development
Program
Goal:To stimulate private sector development
in Janesville to create jobs and increase the
tax base.
Objectives:Provide public sector support in
*Economic Diversification
*Job Retention and Growth
*Building the local tax base.
Economic Development
Initiative Update
Downtown Janesville Redevelopment Loan Program
•
Janesville “Gap” Funding Loan Program
•
Rock County Business Incentive Fund
•
Creation of a Redevelopment Authority/modifying
•
the existing Community Development Authority.
Certified Sites
•
TIF Incentive Program
•
New Initiatives
•
Updates
•
Downtown Janesville
Redevelopment Loan Program
Goal:To provide below market financing to encourage
redevelopment in the downtown area.
Status: Program in place, begin marketing
Description:
Public/Private Sector Partnership -M&I & Johnson
?
Banks
Below market interest rates for:
?
Tenant and facade improvements
?
Code upgrades
?
Equipment purchases and Installation
?
Private sector underwriting
?
Janesville “Gap” Funding Program
Goal:Assist companies expanding in our industrial
parks.
Status:General concepts have been agreed upon with
banks, brochure development last step.
Description:
Public Private sector partnership
?
“Gap” financing program to assist Janesville companies to expand.
?
Must be within an existing TIF District
?
TIF findings, ten year term, at 7%.
?
Loan amounts potentially to $50,000 or more.
?
Rock County Business
Incentive Fund
Goal:To provide low interest loans to companies expanding or
seeking to locate in Rock County.
Status:Rock County currently seeking a federal source of funds
through the SBA. If agreement is not in place by Sept. 30, will
seek to fund the program through their budgeting process.
:
Description
Up to $10 million as a source of funds.
?
Low interest loans for business expansion and
?
attraction.
Public Private loan committee
?
Emphasis on capital investment and job creation
?
Expansion of the Community Development Authority
or the creation of a Redevelopment Authority
Goal:
Create new economic development financing sources.
•
Increase collaboration between public and private sectors
•
Status:Still under discussion.
Description:
Expansion of existing CDA.
?
Creation of an RDA and Housing Authority
?
Educational process
?
Certified Industrial Sites
Goal:
Create a marketing advantage by having one of two sites
in WI truly “shovel ready ” and certified by an outside third
party.
Status:All documents submitted, waiting for a decision.
Description:Location –224 acres, SW corner of HWY 11 and
Beloit Rd.
“Speed to Market”
?
First sites in Wisconsin
?
Ady International/Austin Company certification
?
Process involves developing/organizing all
?
documentation related to a site.
TIF Incentive Program
Goal:Job creation and increase tax base
Status:Implemented
Description:Two Scenarios:
New Construction –Forgivable ten year working
?
capital loan based on new increment and job
retention creation.
Leasing Existing Space –Forgivable ten year
?
working capital loan based on $1.00 per square
foot leased and job retention/creation.
New Initiatives
EDA Business Incubator
•
Ed Montgomery Visit, June 11, 2010
?
Application Update.
?
Business Retention/Expansion visits
•
Web site
•
Downtown Redevelopment –Design Center
•
Brownfield Redevelopment
•
Madison R&D Synergies and Janesville
•
Updates
Rock County 5.0
Business Plan Contest –22 entries -$25,000 first
?
prize.
Mentor
?
Program consultant
?
Commitment of $1.2 million of funding
?
Marketing:
?
Trade Shows
?
Brochures
?
Thumb Drives
?
Other Updates
Expansions:
Capital equipment purchases from bankrupt
?
firms.
Contraction
?
Attraction:
Firms looking at existing space
?
Vacant manufacturing space levels
?
Business Assistance:
70 companies since Janaury
?
Updates Continued
Downtown:
Brownfield Redevelopment
?
Facade loan program
?
Focus –Public /Private Relationships
?
Renaissance Committee
?
Janesville banks and loan programs
?
Wisconsin Economic Development
“The Wisconsin Way”
?
“Competitiveness and Positioning Study”
?
Questions and Comments
City Manager’s Office Memorandum
July 26, 2010
TO: Janesville City Council
FROM: Al Hulick, Management Analyst
SUBJECT: EECBG – Home Energy Assessment Program Update
Summary
As part of the 2009 Energy Efficiency Conservation Block Grant Program, the
City of Janesville has implemented a Home Energy Assessment Program for
qualified residents within the City of Janesville. The objective of the Home
Energy Assessment Program is to encourage homeowners to complete a Home
Energy Assessment, and to further assist those homeowners implement
recommended energy efficiency measures by offsetting the cost of the project
through matching financial incentives from Wisconsin Focus on Energy and the
City of Janesville EECBG funds.
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The program began on July 19with applications being accepted until August
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31, or until all program funds have been allocated, which ever comes first. In
total the program intends to fund 150 assessments and has an additional
$65,000 allocated for Home Energy Improvements. This memorandum serves
as an update for this EECBG Program.
Background
As part of the American Recovery and Reinvestment Act of 2009, the
Department of Energy allocated $618,500 to the City of Janesville as a part of
the Energy Efficiency and Conservation Block Grant Program. The Recovery
Act’s purpose is to stimulate the economy and to create and retain jobs. In
addition to these goals, the purpose of the EECBG Program is to assist eligible
entities in implementing strategies and projects to:
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Reduce fossil fuel emissions in a manner that is environmentally
sustainable and, to the maximum extent practicable, maximizes benefits
for local and regional communities; and
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Reduce the total energy use of the eligible entities; and
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Improve energy efficiency in the building sector, the transportation sector,
and other appropriate sectors.
The City of Janesville has partnered with Wisconsin Focus On Energy to create
the Home Energy Assessment Program. Although no program currently exists
exactly like this in the State, Focus on Energy is excited to work with the City of
Janesville to be the first community in the State to do so. By partnering with
Wisconsin Focus On Energy, the City of Janesville has made Home Energy
Assessments available to Janesville residents at a cost of $25. Additionally, the
City has made supplementary funds available by matching Focus On Energy
incentives for homeowners to proceed with implementing energy efficiency
retrofit work after completing the Energy Assessment.
The Focus on Energy Home Performance program has been operating in the
state of Wisconsin since 2001. Since that time, over 8,200 homes have gone
through the program with 53% of those homes completing work in 2009. By far,
the biggest barrier to program participation is the initial cost of the Energy
Assessment and the perception that the savings won’t be that big. Therefore,
the City will offset the cost of the initial Home Energy Assessment, and match
Wisconsin Focus on Energy’s financial incentive for implementing home energy
improvements. The average incentive is fairly small covering 15 to 20% of the
project cost. By leveraging the existing Focus on Energy programs the City can
build off of a nationally recognized program platform, help customer cover more
of their project costs thus reducing one of the biggest barriers to home retrofit
projects while at the same time spreading the EECBG funds farther.
Residents who choose to participate in the program would first schedule an in-
home evaluation. Expert consultants will conduct a thorough inspection of all the
systems in the home and identify problems such as air leaks and drafts,
moisture, cold spots and more. Additionally, the consultant will perform a
minimal number of energy improvements to the home to ensure that each
program participant receives some tangible benefit from the assessment. Once
the assessment is complete, Focus On Energy will offer Cash-Back Rewards for
many types of work, including insulation and air sealing. The City would offer
matching incentives through the EECBG Funds to further encourage the
homeowner to complete the additional recommended work. The consultant
would complete all required paperwork to make sure participants receive any
applicable Cash-Back Rewards for the work done. Once all work is completed,
the consultant follows up with a post-performance evaluation and inspection to
ensure the improvements that were made were effective and done right.
Program Eligibility
The program is available to all homeowners in the City of Janesville whose home
was constructed before 1970. There are no income eligibility requirements.
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Applications will be accepted on a first come, first serve basis from July 1 to
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August 31, or until all program funds are expended. If after this initial offer,
funds remain available, the program will be opened up to all homeowners within
the City of Janesville regards of the homes age, or funds could be reallocated to
other EECBG Programs.
Program Budget
As part of the City of Janesville EECBG Grant Application, the following budget
was submitted and approved by the Department of Energy for the Home Energy
Assessment Program. The City of Janesville would match Focus On Energy’s
energy efficiency upgrades up to $65,000 in total program costs with our EECBG
allocated funds.
Home Energy Assessments
EECBG Funds $65,000
Energy Efficient Home Upgrades
EECBG Funds $65,000
Focus On Energy Incentives $65,000
Administration
EECBG Administration Funds $14,350
Total Program Budget $209,350
Program Timeline
The program will proceed with the following timeline:
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February 2010 – Meeting(s) between the City and Focus On Energy staff
to share details on the program and to determine the model for the City
(number of consultants, reimbursement process, promotional plans, etc.)
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April 2010 – develop data sharing agreement between the City, Focus on
Energy and continuing discussions with the City on program process and
planning for program promotion.
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May 2010 – Select consultant(s) to deliver assessments and continue
discussion with the Focus regarding the process and launch for the
program.
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July 19, 2010 – August 31, 2010 – Program launch with applications being
accepted until August 31 or until all program funds have been allocated.
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Applicants will have 45 days to complete the Home Energy Assessment
and an additional 45 days to decide whether they want to move forward
with Home Energy Improvements
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If applicants decide to move ahead with Home Energy Improvements, they
will have 6 months to complete those improvements and apply for
applicable Focus On Energy Rebates
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May 31, 2011 – All program activities must be completed.
The City Administration will provide the Council with an update on the entire
EECBG Program in the Fall of 2010. All EECBG funds must be obligated by the
Fall of 2011 with all activities being completed by the Fall of 2012.
City Manager Recommendation
No recommendation at this time.
CITY MANAGER’S MEMORANDUM
July 14, 2010
TO: City Council
FROM: Eric J. Levitt
SUBJECT: Committee Appointments
Request
I request the Council confirm the appointments of the Council President.
Recommendation
The process as outlined is for the Citizens Advisory Committee to recommend appointments
and for the Council President to make the appointments for these two committees with
confirmation from the Council.
Motion
I move to confirm the appointments of the Council President.
Summary
Recently, the Citizens Advisory Committee on Appointments met to make their
recommendations for citizen nominees for two committee vacancies. Please find below their
Council President Voskuil is appointing those recommended by the
recommendations.
Committee.
Application forms for those recommended by the Committee, a listing of all
citizens that volunteered for each vacancy and the unapproved minutes of the Committee’s
meeting are included for your reference.
Eligibility
To be eligible for an appointment to a standing committee, individuals must have interest or
knowledge in the committee’s subject matter.
Recommendations for Council President Appointments (confirmed by entire Council)
Council President Voskuil is appointing those recommended by the Committee.
Leisure Services Advisory Committee - 1 ice skating representative vacancy
Frank Dmuchowski
The Appointment Committee recommends to fill the ice skating
representative voting member vacancy.
Sustainable Janesville Committee – 1 vacancy
Allison Rollette
The Appointment Committee recommends to fill the voting member
vacancy.
Attachments
CC: Jacob J. Winzenz, Assistant City Manager/Administrative Services Director
Volunteers for Sustainable Janesville Committee
Name Address Occupation
5343 Harmony Townhall Rock County Public Works –
Road (out of city limits)
Gina Cook Natural Resource Advisor
Debi Doiel (appointed to
Golf Course Advisory
United Greenhouse Systems –
Committee)
607 North Garfield Avenue Accounting/Office Manager
Robert Douglas 1923 Eastwood Avenue Retired Engineer
Kim Dyble 1006 Sentinel Drive Unemployed – Homemaker
Munir Hanna 1248 East Memorial Drive Semi retired
Center for Natural Medicine –
Hannah Hollingsworth 315 South Fremont Street Clinic Manager
Laborer’s Local 464 –
Travis Hutter 114 Westridge Road Construction Laborer
Francis James
(appointed to Leisure
Services Advisory
Committee)
1158 Richardson Street Retired
Blackhawk Technical College –
Rubina Jan 1051 Nantucket Drive Instructor
Bill Jass (appointed to
Leisure Services
Con-Way Freight –
Advisory Committee)
2329 Elizabeth Street Driver/salesperson
Allison Rollette (2 nd
alternate previously
chosen by Appointment
Advisory Committee)
976 Industrial Court Unemployed
City of Janesville Parks
Scott Schilling 4208 Valencia Drive Employee
Jill Shapiro (1 st alternate
previously chosen by
Appointment Advisory
Committee)(Shapiro
asked to be removed
from consideration on
6/14/10)
David Siker 4115 Eastridge Drive General Manager – Hampton Inn
Diane Van Horn 1212 Bennett Street Self Employed
The applicants below indicated on their Committee Member Application Form a desire to serve on
“Any Committee”.
Travis Hutter
David Siker
(Debi Doiel, Francis James and Bill Jass indicated on their Committee Member Application Form a
desire to serve on “Any Committee” but were appointed to a committee earlier this year.)
Volunteers for Leisure Services Advisory Committee -
ice skating representative
Name Address Occupation
Accounting Manager - Regal
George Collas 139 Forest Park Boulevard Cutting Tools, Inc.
Retired Information
Frank Dmuchowski 317 Lyndhurst Drive Technology Executive
Construction Laborer -
Travis Hutter 114 Westridge Road Laborer’s Local 464
Kelley Kaiser 2307 Plymouth Avenue Sam’s Club
Teacher – Janesville School
Diane Runde 3823 Curry Lane District
Terry Thompson
(served on committee
2003-2009) 1411 Sharon Street Retired GM Supervisor
The applicants below indicated on their Committee Member Application Form a desire to serve on
“Any Committee”.
Travis Hutter
David Siker (asked to be removed from consideration on 6/22/10)
*The agenda materials (including these forms and volunteer applications) for the
Citizen Advisory Committee on Appointments meeting are available on the City’s
website in the Citizen Advisory Committee on Appointments July 7, 2010 agenda
folder. (Enter Agenda Materials / Committees, Commissions & Boards / Citizen
Advisory Committee on Appointments / 2010 / 7-7-10 Agenda)
Record of Citizen Advisory Committee on Appointments
July 7, 2010
Page 1
Meeting of the City of Janesville Citizen Advisory Committee on Appointments held in the
Municipal Building first floor conference room on July 7, 2010.
Committee Members Present: David Riemer, Larry Squire, and Judith Detert-Moriarity
Committee Members Absent: Shena Kohler, Mary Willmer-Sheedy, and Ron Combs
Staff Present: Rebecca Smith
Agenda Items
Roll Call
The meeting began at approximately 3:30PM with Riemer, Squire, and Detert-Moriarity
present.
Approval of May 27, 2010 meeting minutes
Squire motioned approval of the minutes. Detert-Moriarity seconded the motion and the vote
was 3-0-0 in favor.
Selection of recommended nominees and alternate nominee for the following Boards,
Commissions and Committees
Leisure Services Advisory Committee - ice skating representative
Following committee discussion, Riemer motioned to recommend Frank Dmuchowski to fill
the ice skating representative voting member vacancy on the Leisure Services Advisory
Committee. If Frank Dmuchowski is not able to accept the appointment, the Committee
recommends Diane Runde fill the ice skating representative voting member vacancy. Squire
seconded the motion and the vote was 3-0-0 in favor.
Sustainable Janesville Committee
Following committee discussion, Detert-Moriarity motioned to recommend Allison Rollette to
fill the voting member vacancy on the Sustainable Janesville Committee. If Allison Rollette is
not able to accept the appointment, the Committee recommends Robert Douglas fill the
voting member vacancy on the Sustainable Janesville Committee. Squire seconded the
motion and the vote was 3-0-0 in favor.
The meeting was adjourned at approximately 3:40PM.
These minutes are not official until approved by the Citizen Advisory Committee on
Appointments.
Rebecca Smith, Management Assistant