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Full Agenda Packet CITY OF JANESVILLE CITY COUNCIL MEETING AGENDA MONDAY, August 23, 2010 7:00 P.M. REVISED 8/19/10 1. Call to Order and Pledge of Allegiance. 2. Roll Call. 3. Minutes of City Council meetings: “C” A.Special meeting of August 9, 2010. B.Regular meeting of August 9, 2010. 4. Action on a motion to approve final Certified Survey Map 10012-C, Racine Street Properties Investors, 2 lots along STH 11. “C” 5. Financial statement for the month of July, 2010. “C” 6. Special recognition: Action on a proposed resolution in commendation of David E. Thoreson’s service to the City of Janesville. (File Res. No. 2010-723) OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. 2. Consideration, discussion, and actions concerning the current and potential future Janesville ice rinks as discussed in the recent Rink Management Services Corporation ice rink evaluation. ----------------------- “C” – This designation indicates an item that the City Council will take up under a Consent Agenda. City Council Agenda – August 23, 2010 REVISED 8/19/10 Page 2 NEW BUSINESS 1. Consideration, discussion, and actions concerning the Tallman House lease, operations, and property. 2. Consideration, discussion, and actions on a proposed advertising policy at the Youth Sports Complex. 3. Consideration, discussion and actions concerning projects proposed for inclusion in the 2010 note issue. 4. Recommendation of the Transportation Committee: Consideration, discussion and actions on a proposed resolution approving an agreement to appoint an adult crossing guard at the intersection of East Rotamer Road and North Wright Road with funding for the position provided by the School District of Milton. (File Res. No. 2010-724) 5. Introduce and schedule a public hearing on a proposed ordinance amending JGO Chapter 9.84 regulating the carrying of firearms and handguns in the City of Janesville with penalties for violations as set forth in proposed JGO 9.84.050. (File Ord. No. 2010-458) 6. Introduce and schedule a public hearing on a proposed ordinance expanding special fare tokens to public agency purchases. (File Ord. No. 2010-460) 7. Action on Request to Waive the Special Event Fee for Partners in Prevention Family Fund Fest. 8. Requests and comments from the public on matters which can be affected by Council action. 9. Matters not on the Agenda. 10. 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 SPECIAL MEETING (STUDY SESSION) August 9, 2010 VOL. 61 NO. 13 A special meeting of the City Council of the City of Janesville held in the Municipal Building on August 9, 2010. The meeting was called to order by Council President Voskuil at 5:00 PM. Present: Council President Voskuil, Councilmembers Brunner, McDonald, Perrotto, Steeber, Truman and Rashkin (arrived 5:04p.m). OLD BUSINESS Review solid waste tools and strategies and discuss future solid waste approaches. John Whitcomb reviewed several strategies with the Council including: trash collection user fees, single stream collection of recyclables, residency verification system, every other week trash collection and strategies to decrease the amount of waste accepted at the landfill. By majority consensus, the Council agreed to a user fee to recover costs, to not implement single stream collection of recyclables because of the cost, to require better validation of residency and possibly require a sticker to use the landfill, to not implement every other week trash collection and to develop strategies to decrease the amount of waste accepted at the landfill. City Manager Levitt stated that an ordinance would be drafted to implement Council’s direction on solid waste collection. In addition, he would have a sticker system to use the landfill evaluated. No further action was taken. NEW BUSINESS Matters not on the Agenda. There were none. Councilmember Steeber moved to adjourn, seconded by Councilmember McDonald and passed unanimously. There being no further business, Council adjourned at 6:24 PM. These minutes are not official until approved by City Council. Jean Ann Wulf City Clerk-Treasurer PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING August 9, 2010 VOL. 61 NO. 14 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on August 9, 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 regular meeting of July 26, 2010. Licenses and Recommendations of the Alcohol License Advisory Committee. Council President Voskuil stated that all items on the consent agenda would be approved as recommended if there were no objections. There were none. OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. Neil Deupree, 419 S. Franklin St., requested that the resolution on designating the urban reserve for the City of Janesville as it relates to the PACE program be postponed in order to allow time to find common ground. Douglas Marklien, representing South Central Wisconsin Builders Association; and Dan Cunningham, representing Forward Janesville; supported the resolution designating an urban reserve. Michael Saunders, 5601 Elm St.; Sharon Hargarten, 4904 S. State Rd.; Margaret Pulara, 9539 McFarland Rd.; and Julie Backenkeller, 719 N. Grant Ave. opposed the resolution for designating an urban reserve. (New Business #1). John Loder, representing the Rock County Towns Association, invited the Council to hear a political debate featuring candidates from Assembly Districts 43, 44 and 45 and Senate District 15 on August 23, 2010. Al Lembrich, 541 Miller Ave, opposed the proposed traffic safety improvements to East Milwaukee Street from Wright Road to Highway 14. He suggested a strobe light system would be adequate. (New Business #2) 2. Public hearing and action on a proposed resolution vacating a portion of Pliny Avenue south of Delavan Drive. No one spoke at the public hearing. The public hearing was closed. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember McDonald and passed unanimously. (Revised File Res. No. 2010-717) 3. 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. For the record, City Manager Levitt stated that his son is not in Janesville Youth Hockey. Councilmember McDonald moved to adopt said resolution with a revenue payment of 9% of gross sales with a minimum floor of $5,000, seconded by Councilmember Steeber. Councilmember Truman offered a friendly amendment that the agreement be reviewed in one year. The amendment was accepted. The motion, as amended, passed unanimously. (File Res. No. 2010-720) NEW BUSINESS 1. Action on a proposed resolution requesting that the County Board exclude the City’s “Urban Reserve” area on the map of eligible parcels for property right purchases, except for portions of Target Area # 7 and # 8, and provide a means for municipal review and comment authority on easement purchases within said Target Areas and Janesville’s Extraterritorial Jurisdictions (ETJ) in the Purchase of Agricultural Conservation Easement (PACE) Program. Wade Thompson, Rock County Planner and Brad Cantrell, Community Development Director presented information on the PACE program. Councilmember Brunner moved to adopt said resolution, seconded by Councilmember Steeber. Councilmember Brunner offered a friendly amendment to direct the resolution to the PACE committee instead of the Rock County Board. The amendment was accepted. The motion, as amended, passed by the following vote: Aye: Brunner, Steeber, Truman and Voskuil. Nay: McDonald, Perrotto, and Rashkin. (File Res. No. 2010-719) 2. Action on proposed traffic safety improvements to East Milwaukee Street from Wright Road to Highway 14. Councilmember Rashkin moved to approve: ? the current lane alignment be modified to two lanes, two bike lanes, and a center two way left turn lanes to accommodate the car dealerships; ? current at grade trail crossing between Wright Rd. and Shannon Dr. be improved to include a raised median refuge island and a pedestrian actuated rectangular rapid flashing beacon system ? the previously allocated note funds be utilized for the total estimated cost of $99,500. The motion was seconded by Councilmember McDonald and passed by the following vote: Aye: Brunner, McDonald, Steeber, Truman and Voskuil. Nay: Perrotto and Truman. 3. Action on a proposed resolution authorizing the City Manager to enter into a Memorandum of Understanding with Rock County for a direct access permit onto County Highway J for Sara Investments. Councilmember Rashkin moved to adopt said resolution, seconded by Councilmember Steeber and passed unanimously. (File Res. No. 2010-721) 4. Action on a proposed resolution authorizing the filing of an application with the U.S. Department of Housing and Urban Development for a 2011 Community Challenge Grant. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Rashkin and passed unanimously. (File Res. No. 2010-722) 5. Award of Contracts C2010-11 (Sanitary Sewer Lining and Point Repairs), C2010-12 (Sanitary Sewer Lateral Lining) and C2010-13 (Sanitary Sewer Siphon Improvements) for Public Works Bid Schedule “E” – 2010. Councilmember Rashkin moved to award the following contracts and to include sufficient funds in the 2010 note issue: ? Contract C2010-11 Visu-Sewer, Inc, $703,670 ? Contract C2010-12 Musson Brothers, Inc. $230,375 ? Contract C2010-13 R.T. Fox Contractors, Inc. $840,000 The motion was seconded by Councilmember Steeber and passed by the following vote: Aye: Brunner, Perrotto, Rashkin, Steeber, Truman and Voskuil. Nay: McDonald. 6. A proposed ordinance for a comprehensive text amendment to change the zoning and building codes with regard to detached structures was introduced, referred to Plan Commission and scheduled for public hearing on September 27, 2010. (File Ord. No. 2010-459) 7. Requests and comments from the public on matters which can be affected by Council action. Jon Wangerin, Chair of the YWCA – Walk a Mile in her Shoes benefit, requested community participation to help support the YWCA Domestic Violence Program. 8. Matters not on the Agenda. Councilmember Truman stated that the waiver of fees for Family Fun Fest has not appeared on the agenda and recycling bins are needed at the Ice Center and the parks. Councilmember Rashkin asked that the traffic signal at the intersection of Main St and Racine St. be checked. 9. Councilmember Steeber moved to convene into closed session, pursuant to Wisconsin Statute Section 19.85(1)(e), for the purpose of deliberating and setting the negotiation terms, conditions, and parameters for the potential acquisition of: (a) right-of- way and/or easement for bike trail and related public purposes for the “Spring Brook/Ice Age Trail” project near Ruger Avenue from the Naatz Family Trust; and (b) 176 Lincoln Street with General Fund Blight Elimination funds for demolition, since competitive and/or bargaining reasons require a closed session. Councilmember McDonald seconded the motion and it passed unanimously. There being no further business, Council adjourned at 10:24 p.m. These minutes are not official until approved by the City Council. Jean Ann Wulf Clerk-Treasurer Community Development Department Memorandum August 23, 2010 TO: Janesville City Council FROM: Duane Cherek, Planning Services Manager SUBJECT: Final CSM 10012-C, Racine Street Properties Investors, LLC, 2 Lots along STH 11. SUMMARY Racine Street Properties Investors, LLC requests approval of a 2-Lot survey of land located at the southeast corner of STH 11 and S. Wright Road. The property is currently zoned B3-General Commercial District. The survey will create two commercial development sites from a 7.19 acre lot. The applicant proposes to develop Lot 1 with an office use. There are no specific development plans for Lot 2 at this time. A cross access easement will be established with survey on Lot 1 to allow for ingress and egress to Lot 2 from S. Wright Road. RECOMMENDATION The Plan Commission and Community Development Department recommend that the City Council support a motion to approve Final CSM 10012-C subject to the following: 1. The developer will be required to secure a direct access permit from Rock County to provide an access opening from the development site onto County Highway J (S. Wright Road). 2. Payment for off-site intersection and street improvements as required by the adopted Memorandum of Understanding (MOU) between the City of Janesville and Rock County for the access permit onto County Highway J. The total cost of those improvements are to be determined by the City Engineer. 3. Payment of any outstanding special assessments including taxes owed (the applicant should contact the City Clerk’s Office regarding this item). CITY MANAGER RECOMMENDATION I defer to the Plan Commission recommendation. ANALYSIS 1. The applicant proposes to further divide an existing 7-acre lot into 2 commercial development sites. Lot 1 is 1.29 acres size while Lot 2 is 5.9 acres and will likely be further divided in the future. 2. Construction of a regional medical facility (hospital) is proposed on property to the west of this site owned by Dean Health Systems. In order to accommodate that proposed development, a Traffic Impact Analysis (TIA) was conducted to determine the type of traffic improvements required for a connection to S. Wright Road to support this development. The traffic analysis was amended to incorporate proposed development within the survey area and identify requisite improvements as a result. Off-site traffic improvement costs attributable to proposed development on the subject site, will be the developer’s responsibility as calculated and determined by the Engineering Department. 3. Development of the subject property will require the construction of an access road to provide ingress and egress between the lots, and eventually provide a connection from S. Wright Road to Wuthering Hills Drive. The location of the cross access easement is depicted on Lot 1. The future alignment of the access road across Lot 2 will be determined at the time a specific development proposal is reviewed on Lot 2, or any further subdivision of the lot occurs. The survey references that Lots 1 and 2 are subject to a reciprocal access easement agreement that has been recorded. 4. The CSM identifies the location of an existing billboard structure located on the site. 5. Land division assessments are not required with this land division since it has previously been platted and those assessments have been levied. 6. The standard sidewalk installation note has been added to the final CSM. 7. Payment of any outstanding special assessments including taxes owed (the applicant should contact the City Clerk’s Office regarding this item). PLAN COMMISSION MINUTES – August 16 The Plan Commission unanimously agreed to forward Final CSM 10012-C to the City Council with a favorable recommendation subject to the conditions listed in the staff report. cc: Brad Cantrell ÍËÞÖÛÝÌ Í×ÌÛ Ý×ÌÇ Ô×Ó×ÌÍ ÞÑËÒÜßÎÇ q Ô»¹»²¼ ÍËÞÖÛÝÌ Í×ÌÛ Ü¿¬»æ èñëñïð Í½¿´»æ ïþã ïðððù Ó¿° Ý±±®¼·²¿¬»æ Îóïí ÔÑÝßÌ×ÑÒ ÓßÐ Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ ÝÍÓ ïððïîóÝ ÓßÐ ï ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ ÍæÐ®±¶»½¬ÄÐ´¿²²·²¹ÄÍ«®ª»§ÄÍ«®ª»§óîðïðÄÎóïíÁïððïîóÝ ACCOUNTING DIVISION MEMORANDUM August 16, 2010 TO: City Council FROM: Patty Lynch, Comptroller SUBJECT: Financial Statement for the Month of July 2010 The City prepares its Financial Statements in accordance with generally accepted accounting principals using the modified accrual method of accounting and is audited annually by Baker Tilly Virchow Krause, LLP. We prepare interim financial statements for the Council’s review on a monthly basis. Division and Department Heads are responsible for monetary expenditures to ensure budget compliance. Revenues and expenditures are projected to year-end in June and September. Key operating funds include the General Fund, Water and Wastewater Utilities, and Sanitation Fund. A summary of their performance to budget, as compared to a three-year average, is presented in the following graphs. EXPENDITURE SUMMARY The graph below indicates expenditures are being made according to budget. Year-To-Date July ExpendituresCompared to Three-Year Average Current YTD 3 Yr. Avg. 70% 60% Percent of Total Budget 50% 40% 30% 20% 10% 0% General FundWater -Wastewater - OperatingOperatingSanitation July 2010 Financial Statement August 16, 2010 Page 2 REVENUE SUMMARY The graph below indicates revenue has been earned as anticipated, although the Sanitation fund continues to lag compared to it’s budgeted revenue. Year-To-Date July RevenuesCompared to Three-Year Average Current YTD 3 Yr. Avg. 80% 70% Percent of Total Budget 60% 50% 40% 30% 20% 10% 0% General FundWaterWastewaterSanitation Other items of interest in the Financial Statement are as follows: Proprietary Funds (page 4) ? The Stormwater Utility has a deficit operating cash balance of $281,761 at June 30, 2010. This is because revenue is billed on a quarterly basis (approximately $518,000) after expenditures have been made. ? Transit reports a negative cash balance of $572,185 due to the timing of grant reimbursements. Special Revenue Fund Balance (page 5) ? The Golf Courses fund has a negative fund balance of $48,321. This is due to the January transfer of its debt service payment ($53,803) to the debt service fund, and Riverside Golf Course tree damage ($43,938). ? TIF 3 has a positive balance of $246,684. The positive balance will be used to repay the general fund advance plus accrued interest. ? At June 30, 2010, the TIF districts have a combined deficit fund balance of $835,442. July 2010 Financial Statement August 16, 2010 Page 3 However, TIF projections indicate the districts will reach a positive fund balance before they expire. ? Landfill long-term care of site #3023 ($141,743) will be reimbursed by an insurance policy we have in place for post closure care. Capital Projects Fund (page 6) ? The City incurred expenditures in conjunction with road projects on Highway 11 from Wright Road to Highway 14 ($186,838). These costs will be funded with future special assessments or General Obligation note issue. Council Policy Statement #68—Investment of City Funds requires that the Administration submit a mid-year investment report. Please find attached the report that recaps our investment program results as of June 2010 (Exhibit 1). A representative of the Administrative Services Department will be available at the Council Meeting on August 23, 2010 to respond to any questions Council may have relative to these reports. Once Council is satisfied, acceptance of the Financial Statement by consent and placing them on file would be in order. /Attachments cc: Jacob J, Winzenz, Director of Administrative Services/Assistant City Manager Eric J. Levitt, City Manager HUMAN RESOURCES DIVISION MEMORANDUM August 13, 2010 TO: City Council FROM: Susan Musick, Human Resources Director SUBJECT: Retirement Recognition David E. Thoreson Executive Summary At the City Council meeting of August 23, 2010, the following retirement commendation will be considered under the consent agenda: 1. David E. Thoreson for twenty-nine years of service with the City of Janesville (File Resolution Number 2010-723). ? David will be attending the August 23, 2010 Council meeting. ? David began working for the City of Janesville on June 15, 1981, as a Police Officer in the Janesville Police Department. ? David’s retirement date was July 31, 2010. Recommendation Staff recommends adoption of File Resolution 2010-723. City Manager Recommendation The City is fortunate to have received the dedicated service of individuals such as Officer Thoreson. 1 RESOLUTION NO. 2010-723 Whereas, David E. Thoreson is retiring from City of Janesville employment after having diligently served the people of the City of Janesville and the community for twenty-nine years; retiring as a Police Officer with the City of Janesville Police Department; and Whereas, during David E. Thoreson’s employment with the City of Janesville, he provided exemplary professional service and demonstrated conscientious devotion to the duties of his position, which he performed with competence, sincerity, honesty, and dedication; and Whereas, it is desired that such commendable service to the City of Janesville be properly recognized; Now, Therefore, Be It Resolved that the people of the City of Janesville, through the City Council, do express their grateful appreciation to David E. Thoreson for his twenty-nine years of loyal public service. rd Dated this 23 day of August, 2010. Motion by: ADOPTED: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Eric J. Levitt, City Manager McDonald Perrotto ATTEST: Rashkin Steeber Jean Ann Wulf, City Clerk-Treasurer Truman APPROVED AS TO FORM: Voskuil City Attorney Wald Klimczyk Proposed by: Human Resources Prepared by: Human Resources CITY MANAGER DEPARTMENT MEMORANDUM July 12, 2010 Updated August 16, 2010 TO: City Council FROM: Eric J. Levitt, City Manager SUBJECT: Discussion/possible action on report from Rink Management Services Corporation on the ice rink evaluation. Summary / Background In 2008, the City performed some preliminary evaluations of issues and possible deficiencies at the ice rink. During the spring of 2009, the City experienced several small failures and one large failure of the ice cooling system. In addition, there have been some continual structural concerns with the facility including the roof. Temporary repairs have been completed over the last year while a review of the current ice rink status has been on-going. A group of Janesville residents, now affiliated with the Janesville Youth Hockey Association, began developing a proposal to form a partnership with the City of Janesville to build a new rink rather than renovate the current rink. The proposed rink is located adjacent to the Youth Sports Complex and built on 11 acres of City owned land. The proposed partnership evolved over the summer into the th attached proposal. The proposal on October 26 had the following elements: ? The building and one sheet of ice would cost approximately $4 million (not including land). ? The expansion to a second sheet of ice would cost approximately an additional $1 million. ? The City is requested to commit an initial $2 million and an additional $500,000 when funds are raised for a second sheet of ice. ? The proposal projected the City to close its current $85,000 actual subsidy to a $0 operational subsidy when 2 sheets of ice are operational. ? The proposal discusses the expansion of users at the current rink over the last year ? The City Manager indicated to the group that due to concerns with competitive bidding, it would be his recommendation that if the City had ownership and responsibility for the operations of the facility that he believes that it would be best to competitively bid the project management and construction. The City Council in October approved $2 million in public funds for a one-sheet ice rink and up to $2.5 million in public funds for a two-sheet ice rink if private funds were raised to complete the facility. It was also approved to place the rink on the South side after discussion on location. The City currently has $2 million available for the rehabilitation of the current rink, the construction of a new rink or other eligible uses. The City contracted with an outside firm, Rink Management Services Corporation, this Spring for approximately $10,000 to do an overview evaluation of the current rink and the plans to construct a new rink. Typically to perform an intensive study of the current rink and evaluate the feasibility of a new facility would cost between $30,000 and $60,000. However, the City Manager believed that an abbreviated study for under $10,000 would provide enough valid information to provide an informed decision. Possible Motion I move to approve moving forward with contributing up to $2 million for a one-sheet rink that is expandable to two-sheets in the future if sufficient funds are raised by the private group by ________________. City Manager Recommendation As the City Council is aware this project has been an evolving concept or project since the Spring of 2009. Due to that there have been a variety of issues that have arisen during this dialogue. Issues of focus included: ? Location of a new rink (currently the Council has designated a south side site as the preferred site.) ? Whether to renovate the current rink or build a new facility. ? Whether to financially support constructing one sheet or two sheets. Rink Management Services Corporation prepared a report that provided an overview of the following issues: 1. An overview of the current rink and the ability for it to continue to operate. 2. Evaluation of the current design of the proposed rink from an operational standpoint and capital. 3. An overview of a Revenue/Expenditure evaluation for both current rink and a 2 sheet ice rink. After reviewing the attached report and having discussions with the firm, the City Manager has the following recommendations. 2 ? It appears that the current expenses would be close to $1 million for the basic renovation of the rink. This does not include any major enhancements. ? If the City could limit its contribution to $2 million and the contribution of City owned land for a new rink, I believe that would be the best course of action if it also meant that the new Central Fire Station would be included at the current rink location. ? If land needed to be purchased for the Central Fire Station, I recommend that renovation of the current rink be evaluated as the best option. ? I believe based on the report that the City should limit the contribution to a single sheet rink at this time with expansion capability. If other parties prefer a two sheet rink, the additional costs should be paid for from non- city funds. The reason for this recommendation is that I am not convinced that the property tax subsidy will be eliminated and am concerned that two-sheets may even place more burden on the subsidy if certain assumptions don’t play out. ? If the private group wants the City to revisit the site location of the south side, I would recommend that this occur at a future meeting. ? The City should maintain ownership of the current or a new rink in the near term. Update to Recommendation as of August 16th th The Ice Rink Advisory Committee met on August 11 to discuss the report from outside consultant. The Advisory Committee is looking to evaluate the amount of ice time purchased currently and the capacity in some of the user groups to increase their use to determine whether there is capacity to build two-sheets. As the City Manager has continued to evaluate the issue, I maintain my recommendation to construct a one-sheet ice rink that is expandable. I believe that a two-sheet ice rink should not be constructed until the City would be able to project an operating budget that would not have a subsidy. In evaluating the report, I believe that the expenditures would increase and that revenues could not increase to the level that would create a break-even budget. In evaluating past operations I have found that while the City’s expenses have increased 230,000 in 2002 to $275,000 in 2008; revenues decreased from $237,000 to $188,000 despite a doubling of open skate revenues. In 2009 we are able to increase revenues to approximately $220,000 and shrink the subsidy. But these overall trends concern me when evaluating a two-sheet rink option. Based on current expenditure levels, I would anticipate expenses climbing to at least $325,000 depending on how the second sheet was operated which would minimum of $105,000 require revenue to increase a to break even in operating expenses. Finally, I recommend that a financial commitment needs to occur from the private group by the end of this year, in order to move forward with renovating the 3 current rink if we do not construct a new rink. If we went forward with renovating the rink, I am estimating approximately $1.2 million in costs for basic design and improvements. 4 Community Development Department Memorandum August 11, 2010 TO: City Council FROM: Bradley Cantrell, Community Development Director SUBJECT: Action on Lease Amendment No. 9 to the Lease between the City of Janesville and the Rock County Historical Society (RCHS) for the Lincoln- Tallman Property. Summary The Community Development Department has prepared a two-year lease extension for the Lincoln-Tallman House with the Rock County Historical Society (RCHS) with the reduced operating subsidy of $45,000 and an additional $4,400 for grounds maintenance. Last year upon request from the Rock County Historical Society the Council discussed a multi-year lease extension. The Council included language in the 2010 lease that provided for a two-year lease extension if during the term of the lease agreement an acceptable business plan was submitted to and approved by the Council. In addition, language has been included in the lease to restrict the use of funds for expenses associated with the maintenance and operation of the Lincoln-Tallman House and grounds as was provided for in the 2010 lease. City Manager’s Recommendation The City Manager believes that the RCHS has met the conditions of Amendment 8, which allows for Amendment 9 and the two year extension. Suggested Motion Move to adopt Renewal Lease Agreement No. 9 for the Lincoln-Tallman property. Request In 1950, George and Alice Tallman donated the Tallman House to the City of Janesville to be used and maintained permanently as a public museum. The donation allowed the City to lease the property to the Rock County Historical Society (RCHS) to maintain and operate the property. The Tallman House has been leased to the RCHS since 1950. The Lincoln-Tallman House lease currently encompasses the entire grounds located at 440 N. Jackson (see attached map). This property includes the Lincoln-Tallman House museum, the Carriage House, and the Wilson-King Stone House. Currently the Lincoln- Tallman House is utilized primarily as a House Museum for walking tours and has some record storage in the basement. The Carriage House was formally used for storage, but is no longer due to its deteriorating structural integrity. The Wilson-King Stone House currently houses the RCHS archives. During the 2010 budget preparations, the City Council reduced the City subsidy to the Tallman House to $45,000 with an additional $4,400 for grounds maintenance. In October the City Manager appointed an Ad Hoc Committee to assist in the preparation of a business plan and programming plan for the Lincoln-Tallman House and grounds. In addition the Committee was given the task to review the structures report and make recommendations to the City Council on repair options, improvement priorities and recommendation on the facilities. In the preparation of the 2010 lease the Rock County Historical Society (RCHS) requested that the City Council consider a three year lease with them for the museum operation and have further requested that the funding level remain unchanged over that three year period. They have indicated that they have recently hired a new executive director and would like a slightly longer period of time to have a stable city subsidy in order for the director to make any necessary adjustments. The Administration was supportive of a three year lease provided an acceptable business plan for the Lincoln- Tallman House was approved by the City Council. th On April 26 the Ad Hoc Committee reported back its findings to the Council. The Council discussed the need for additional public input into the business plan and conditions report. Following discussion a motion to accept the 2010 to 2014 Business plan and Conditions report was approved. Since Council action, the Ad Hoc Committee has attempted to obtain additional public input by hosting a public open house at the th Tallman House which was held on July 17. Approximately 20 people attended the open house, (Attached are the comments which were received). In addition, the Committee provided information at the Tallman Art Festival regarding the condition of the House at which approximately 70 people received an informational flyer. The Administration believes that the Ad Hoc Committee’s effort in preparing a business plan has laid a solid foundation to increase the use of this historic resource. The City Administration is recommending that the City Council extend the lease agreement with the RCHS for an additional two years, starting January 1, 2011 and expiring on December 31, 2012. The operating subsidy will remain the same as the current lease rate which is $45,000 for operations and provide an additional $4,400 annually for grounds maintenance. Lincoln Tallman Open House Saturday, July 17 9:00 a.m. Summary of Comments Do you have any suggestions or comments on the condition of the House and/or ideas for repair? ? I very much want to see exterior preservation done first. ? Interior is attractively presented. Exterior needs some major repairs. Using local craftsman, when possible, is a good plan to build community support for project and to reduce costs. ? A lot of churches require volunteer work for high school age before confirmation. Post at churches that you would like some student help. ? Use local firms/workers for the work as much as possible. Working from top down is smart. What suggestions would you have for events or activities in the House, carriage barn or on the grounds? ? Music nights, haunted nights (talk of the history who has lived & died here). ? Quester meetings, historic presentations, weddings. ? Small group concerts (chamber music, house concerts, etc.) graduation for small groups like Montessorri, receptions, meetings. ? Penny wars at schools. ? Small musicals in the piano room(s) using main hall for seating. Small conferences in back tea room. What events or activities that you have learned about today would you support or not support? ? I would support all levels as we don’t get to have this house again. ? Greater use of Tallman House and carriage barn when restored. ? I’d support all of them. Would you be willing to contribute either monetarily for House repairs or assist with events or activities in the House or on the grounds? ? Yes ? Yes ? Yes, in some way. ? Yes, I think that if everyone donates a small amount it all adds up. ? Yes ? Yes, one year from now, in some way. Other comments: ? Everyone was really informative. ? The grounds will need landscaping. ? We need a Friends of Tallman House group to raise funds for the restoration of the exterior and an endowment fund for continued maintenance. ? This was a good thing to do, even if the turnout was small. LINCOLN-TALLMAN PROPERTY LEASE AGREEMENT AMENDMENT NO. 9 THIS AMENDMENT AGREEMENT is made and entered into as of August 23, 2010, by and between the City of Janesville, a Wisconsin municipal corporation (“Janesville”), and the Rock County Historical Society, a Wisconsin corporation operating under Section 44.03 Wis. Stats., as a non-profit, non-stock organization (“RCHS”). WHEREAS, Janesville and the RCHS entered into a Lease Agreement on or about December 2, 1987 (“Lease”) for the Tallman Homestead (as defined therein), and; WHEREAS, Janesville and the RCHS amended the Lease on or about May 9, 1991, effective January 1, 1991 (“Amendment No. 1”). WHEREAS, Janesville and the RCHS amended the Lease on or about December 31, 2000, extending the Lease to July 30, 2001 (“Amendment No. 2”). WHEREAS, Janesville and the RCHS amended the Lease on or about July 31, 2001, extending the Lease to December 31, 2001 (“Amendment No. 3”). WHEREAS, Janesville and the RCHS amended the Lease on or about April 2, 2002, extending the Lease to December 31, 2002 (“Amendment No. 4”). WHEREAS, Janesville and the RCHS amended the Lease on or about January 1, 2003 extending the Lease to December 31, 2007 (“Amendment No. 5”). WHEREAS, Janesville and the RCHS amended the Lease on or about January 1, 2008 extending the Lease to December 31, 2008 (“Amendment No. 6”) WHEREAS, Janesville and the RCHS amended the Lease on or about January 1, 2009 extending the Lease to December 31, 2009 (“Amendment No. 7”) WHEREAS , Janesville and the RCHS amended the Lease on or about January 1, 2010 extending the Lease to December 31, 2010 (“Amendment No. 8”) NOW, THEREFORE, for valid consideration, the receipt, adequacy, and sufficiency of which is hereby acknowledged, the parties hereto agree as follows. 1. The above recitals are true and correct. 2. The term of the current Lease, as amended above and herein, is hereby extended for two years commencing on January 1, 2011 and terminating on December 31, 2012. 3. The City’s operating subsidy to the RCHS for the operation of the Lincoln- Tallman House will be $45,000 and $4,400 for grounds maintenance as approved by the City Council in the 2011 and 2012 City budget. LINCOLN-TALLMAN PROPERTY LEASE AGREEMENT AMENDMENT NO. 9 Page 2 4. The City’s $45,000 of subsidy to the RCHS shall only be used for the Tallman Homestead described in the lease as property including the Lincoln-Tallman House, Lincoln-Tallman Carriage House and the Stone House. The purpose of the funds shall be for expenses associated with operating and maintaining the property as the “Lincoln-Tallman Museum”. 5. All other terms, promises, obligations, conditions, and benefits set forth in the current Lease as amended, except as expressly and specifically amended or modified by this Amendment No. 9, are each hereby reiterated, affirmed, and incorporated herein unchanged and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first set forth above. CITY OF JANESVILLE ROCK COUNTY HISTORICAL SOCIETY _____________________________ ________________________________________ By: Eric J. Levitt By: Joel Van Haaften City Manager Executive Director _____________________________ ________________________________________ By: Jean Ann Wulf By: Charles Rydberg City Clerk-Treasurer President Approved as to form: _____________________________ Wald Klimczyk, City Attorney Community Development Department Memorandum December 1, 2009 TO: City Council FROM: Bradley Cantrell, Community Development Director SUBJECT: Lincoln-Tallman Property Lease Renewal – Lease Amendment No. 8 Summary The Community Development Department has prepared a one-year lease extension for the Lincoln-Tallman House with the Rock County Historical Society (RCHS) with the reduced operating subsidy of $45,000 and an additional $4,400 for grounds maintenance as approved in the 2010 adopted City budget. The lease agreement provides for an extension of the lease for an additional two year period upon approval of an acceptable business plan by the City Council. In addition, language has been included in the lease to restrict the use of funds for expenses associated with the maintenance and operation of the Lincoln-Tallman House and grounds as was provided for in the 2008 lease. City Manager’s Recommendation The City Manager supports adoption of a one-year lease extension at this time with a provision for an extension for an additional two years contingent upon approval of an acceptable business plan by the City Council. As we have been evaluating the parameters for a business plan, I believe that the $45,000 should be the minimum spent on an operating contract this year. Suggested Motion Move to adopt Renewal Lease Agreement No. 8 for the Lincoln-Tallman property. Request In 1950, George and Alice Tallman donated the Tallman House to the City of Janesville to be used and maintained permanently as a public museum. The donation allowed the City to lease the property to the Rock County Historical Society (RCHS) to maintain and operate the property. The Tallman House has been leased to the RCHS since 1950. The Lincoln-Tallman House lease currently encompasses the entire grounds located at 440 N. Jackson (see attached map). This property includes the Lincoln-Tallman house museum, the Carriage House, and the Wilson-King Stone House. Currently the Lincoln- Tallman House is utilized primarily as a House Museum for walking tours and has some record storage in the basement. The Carriage House was formally used for storage, but is no longer due to its deteriorating structural integrity. The Wilson-King Stone House currently houses the RCHS archives. During the 2010 budget preparations, the City Council reduced the City subsidy to the Tallman House to $45,000 with an additional $4,400 for grounds maintenance. In October the City Manager appointed an Ad Hoc Committee to assist in the preparation of a business plan and programming plan for the Lincoln-Tallman House and grounds. In addition the Committee was given the task to review the structures report and make recommendations to the City Council on repair options, improvement priorities and recommendation on the facilities. The Committee was given 6 months to report back to the City Council with its findings. The Rock County Historical Society (RCHS) has requested that the City Council consider a three year lease with them for the museum operation and have further requested that the funding level remain unchanged over that three year period. They have indicated that they have recently hired a new executive director and would like a slightly longer period of time to have a stable city subsidy in order for the director to make any necessary adjustments. The Administration is supportive of a three year lease provided an acceptable business plan for the Lincoln-Tallman House is approved by the City Council. The Administration believes that the Ad Hoc Committee’s efforts in assisting in the business plan preparation will lay a solid foundation to increase the use of this historic resource. The current lease began on January 1, 2009 and is set to expire on December 31, 2009. In 2009 the Lincoln-Tallman subsidy was $50,000 for operations and an additional $4,400 for grounds maintenance. The City Administration is recommending that the City Council extend the lease agreement with the RCHS for one year, starting January 1, 2010 and expiring on December 31, 2010 with an option of extending the lease for an additional two years at the same lease rate provided the City Council approves an acceptable business plan. This lease will reduce the operating subsidy to $45,000 and provide an additional $4,400 for grounds maintenance as approved in the 2010 adopted City budget. The lease agreement No. 8 has been written to provide for up to a two year extension of the lease to December 31, 2012 at the same city subsidy if the City Council approves an acceptable business plan. LINCOLN-TALLMAN PROPERTY LEASE AGREEMENT AMENDMENT NO. 8 THIS AMENDMENT AGREEMENT is made and entered into as of December 14, 2008, by and between the City of Janesville, a Wisconsin municipal corporation (“Janesville”) and the Rock County Historical Society, a Wisconsin corporation operating under Section 44.03 Wis. Stats. As a non-profit, non-stock organization (“RCHS”). WHEREAS, Janesville and the RCHS entered into a Lease Agreement on or about December 2, 1987 (“Lease”) for the Tallman Homestead (as defined therein), and; WHEREAS, Janesville and the RCHS amended the Lease on or about May 9, 1991, effective January 1, 1991 (“Amendment No. 1”). WHEREAS, Janesville and the RCHS amended the Lease on or about December 31, 2000, extending the Lease to July 30, 2001 (“Amendment No. 2”). WHEREAS, Janesville and the RCHS amended the Lease on or about July 31, 2001, extending the Lease to December 31, 2001 (“Amendment No. 3”). WHEREAS, Janesville and the RCHS amended the Lease on or about April 2, 2002, extending the Lease to December 31, 2002 (“Amendment No. 4”). WHEREAS, Janesville and the RCHS amended the Lease on or about January 1, 2003 extending the Lease to December 31, 2007 (“Amendment No. 5”). WHEREAS, Janesville and the RCHS amended the Lease on or about January 1, 2008 extending the Lease to December 31, 2008 (“Amendment No. 6”) WHEREAS, Janesville and the RCHS amended the Lease on or about January 1, 2009 extending the Lease to December 31, 2009 (“Amendment No. 7”) NOW, THEREFORE, for valid consideration, the receipt, adequacy, and sufficiency of which is hereby acknowledged, the parties hereto agree as follows. 1. The above recitals are true and correct. 2. The term of the current Lease, as amended above and herein, is hereby extended commencing on January 1, 2010 and terminating on December 31, 2010. 3. The City’s operating subsidy to the RCHS for the operation of the Lincoln- Tallman House will be $45,000 and $4,400 for grounds maintenance as approved by the City Council in the 2010 City budget. LINCOLN-TALLMAN PROPERTY LEASE AGREEMENT AMENDMENT NO. 8 Page 2 4. The City’s $45,000 of subsidy to the RCHS shall only be used for the Tallman Homestead described in the lease as property including the Lincoln-Tallman House, Lincoln-Tallman Carriage House and the Stone House. The purpose of the funds shall be for expenses associated with operating and maintaining the property as the “Lincoln-Tallman Museum”. 5. If the business plan is submitted to the City Manager during the term of this lease agreement and if the City Council finds the business plan for the Lincoln-Tallman House and Grounds acceptable by approving it in open session. The lease agreement will be extended at the current lease rate for an additional two years or until December 31, 2012. 6. All other terms, promises, obligations, conditions, and benefits set forth in the current Lease as amended, except as expressly and specifically amended or modified by this Amendment No. 8, are each hereby reiterated, affirmed, and incorporated herein unchanged and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first set forth above. CITY OF JANESVILLE ROCK COUNTY HISTORICAL SOCIETY _____________________________ ________________________________________ By: Eric J. Levitt By: Joel Van Haaften City Manager Executive Director _____________________________ ________________________________________ By: Jean Ann Wulf By: Richard Ellingson City Clerk-Treasurer President Approved as to form: _____________________________ Wald Klimczyk, City Attorney Shared/Tallman House Lease Amendment No 8 112009.doc CITY MANAGER’S OFFICE MEMORANDUM August 13, 2010 TO: City Council FROM:Rebecca Smith, Management Assistant SUBJECT: Consideration, discussion, and actions concerning a proposed advertising policy at the Youth Sports Complex. Request A citizen contacted the Council because she learned that her original donation advertising sign at the Youth Sports Complex was replaced with a new advertising sign that did not mention her family’s contribution. This item was first discussed in November, 2009 based on a request from Councilmember Steeber. During the November 9, 2009 meeting, the Council had several questions regarding the policy and indicated they were generally not in favor of a bronze plaque to recognize the original donors. They asked staff to bring this item back for further review. Staff Recommendation Staff recommends the Council approve the Janesville Sports Coalition Policy #2 titled Commercial Advertising on the Youth Sports Complex Grounds. City Manager Recommendation I concur with the staff recommendation. Suggested Motion I move to approve the Janesville Sports Coalition Policy #2 titled Commercial Advertising on the Youth Sports Complex Grounds. Background Information about Original Donor/Advertising signs When the idea of a youth sports complex was conceived, donors were solicited to provide funding to develop the fields. To recognize their monetary contribution, a sign was placed next to the field. Staff initially could find no documentation that those signs were meant to be installed forever; however, staff found the original letter sent to prospective donors. The letter asks for funding to build the fields and states that business names will be “prominently displayed on that field on a permanent basis”, as attached. The original donation signs are showing signs of age, wear and vandalism. Because of their height, children like to jump and play on them and they will not last forever. In the case of the Rock Soccer fields, the original donor signs include the name of a former lessee. Additionally, Rock Soccer is interested in looking for advertising partnerships/sponsors to fund the continuation of their operational and maintenance responsibilities of their club and the Complex. Janesville Youth Baseball & Softball already has advertising on their fencing, as allowed by their lease contract. 1 At the April 2010 Youth Sports Coalition meeting, staff shared copies of the original donor letter and all of the groups understood that the original donor signs must stay present at the park. Rock Soccer shared that they would like to continue their initiative to obtain sponsors once an advertising policy is approved by the council. At the July 28, 2010 Coalition meeting, a revised advertising policy was approved by the Coalition. Questions Regarding Advertising Authority All four of the sports group leases indicate that advertising is permitted on the fences; however, most of the fields do not have fencing. Instead of modifying each lease to allow advertising in other areas, staff has worked with the Sports Coalition to draft a policy outlining the parameters for advertising at the Complex, as attached. Councilmember Steeber indicated that he would like to see the Council approve this policy before it goes into effect. Sports Coalition Advertising Policy This policy provides concrete guidelines for the use of advertising at the Complex, while also continuing the group’s autonomy to make decisions. Highlights of the policy include: ? Original donors will always be recognized at the field with their sign at all times; ? All advertising signage must comply with all applicable laws and all city ordinances, including the sign ordinance; ? All sign concepts or sign templates must be reviewed and approved by the Janesville Sports Coalition Board of Directors; individual signs won’t be reviewed if they fit within an approved template/concept; ? The City must receive a copy of all advertising/naming rights/signage agreements; ? If a sports group defaults on their lease, any new group is required to fulfill any existing agreements; ? The Coalition desires a consistent look among signs/advertising and will develop guidelines. ? Sports groups may retain the funding received from signage/advertising on fences; the perimeter of fields or future buildings funded by a sports group; ? The City may retain the funding received from signage/advertising on any city- funded building (such as the existing pavilion/restroom building); Differences in Advertising Pricing/Options During the November 9, 2009 meeting, Councilmember Brunner asked if all of the sports groups should have the same ad pricing/options available to ensure consistency. Each club has different philosophies, facilities, structures, and activities present within their group; some sports groups may choose not to participate in advertising or recruiting for naming rights, while others may find these activities helpful to gain revenue for their operational and maintenance responsibilities. Because of these differences, having one set standard for pricing or ad options isn’t feasible. However, each group that sells advertising or naming rights must provide the City of Janesville a copy of their advertising or naming rights agreements to ensure the City is aware of their advertising/naming rights decisions and contracts with vendors. 2 Club Defaulting During the November 9, 2009 meeting, Councilmember Brunner asked what would happen if a club went defunct or left the Complex while having outstanding advertising agreements. Should a group default on their lease with the City of Janesville or choose to not renew their lease, any future sports group that leases an area containing advertising/naming rights options will be required to fulfill any advertising or naming rights commitments until such time as the advertising/naming rights agreement is completed or until such time the new sports group and the initial advertiser/naming rights vendor agree to stop their relationship. The City would already have copies of those agreements and any new sports group would be made aware of that requirement before choosing to move forward with a lease. Consistency of Advertising The Coalition desires that the advertising have a consistent feel and the Coalition will develop these standards. The group recognizes that some of the existing or planned signage/advertising may need to be altered to achieve consistency. The Coalition also recognizes there may be differences between signage on the west and east sides due to differences in facilities, structures, and activities. City Advertising Benefits at the Complex As part of the advertising policy, the City would be able to advertise within the restroom/pavilion building and any future buildings funded by the City and retain all funding. This concept fits nicely with the 2010 budget concept to examine advertising opportunities at municipally-owned facilities. Original Donor Recognition The Coalition recognizes the significant contributions of the original families and businesses that donated monetarily and physically to make the fields and the Complex a reality. To identify their contributions in perpetuity donors to the original sixteen fields will be recognized at each field permanently. Original donors will always be recognized at the field with their sign at all times. Next Steps If Council approves this policy, staff sees the next steps for this project as follows: ActionExpected Completion Date Distribute Council-approved policy to Council & Coalition August 2010 Coalition develop signage/advertising guidelines for consistencyCompleted by May/June 2011 Conclusion Staff believes this proposal addresses the issue of the original donors and each business or family’s legacy of contribution, while also providing a mechanism for the 3 sports groups and the City to benefit from future advertising opportunities at the Complex. CC: Eric Levitt, City Manager; Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services 4 Janesville Sports Coalition, Inc Policy Statement Policy No. 002 Date Approved by Coalition Board: 7/28/10 Date Approved by City Council: Effective Date Cancellation Date Supersedes No. Subject: Commercial Advertising on the Youth Sports Complex Grounds Purpose of Policy The purpose of this policy is to establish consistent and enforceable guidelines under which the members of the Janesville Sports Coalition, Inc. can install commercial advertising on their respective leased premises in a manner which is not offensive and in keeping with the values of youth sports. References 1. Lease agreements previously executed between the City of Janesville and the four lessees of Rock Soccer, Inc., Youth Football, Inc., Youth Baseball Inc., and the Janesville YMCA. a.) 4. Use (K) – Lessee may install certain advertising signs on fences consistent with City ordinances and guidelines established, from time to time, by the City. 2. Each individual club is to create their own policy on their field naming rights and the appropriate amount of money that they could request for these respective naming rights. (adopted motion from 3/11/08 Coalition meeting) 3. The Coalition recognizes that the possibility of advertising or examining naming rights options is different for each group due to the philosophies, facilities, structures, and activities present within each sport group; some sports groups may choose not to participate in advertising or recruiting for naming rights, while others may find these activities helpful to gain revenue for their operational and maintenance responsibilities. Additionally, each sports group will likely have differences in the number and price of their advertising or naming rights options. Therefore, any sports group that sells advertising or naming rights must provide the City of Janesville a copy of their advertising or naming rights agreements to ensure the City is aware of their advertising/naming rights decisions and contracts with vendors. Should a group default on their lease with the City of Janesville or choose to not renew their lease, any future sports group that leases an area containing advertising/naming rights options will be required to fulfill any advertising or naming rights commitments until such time as the advertising/naming rights agreement is completed or until such time the new sports group and the initial advertiser/naming rights vendor agree to stop their relationship. Statement of Policy 1. This policy shall be binding on all current and future lessees at the Youth Sports Complex. 2. The policy may be changed and modified by a majority vote of the Board of Directors of the Janesville Sports Coalition, Inc. Anytime significant 1 Janesville Sports Coalition, Inc Policy Statement Policy No. 002 Date Approved by Coalition Board: 7/28/10 Date Approved by City Council: Effective Date Cancellation Date Supersedes No. Subject: Commercial Advertising on the Youth Sports Complex Grounds changes are made a revised copy of the approved policy is subject to approval by the City Council before taking effect. 3. The Janesville Sports Coalition Inc., which is assigned overall jurisdictional control and responsibility for the Youth Sports Complex, hereby agrees and adopts the following policy guidelines and procedures. Guidelines 1. All advertising signage must comply with all applicable laws and all city ordinances, including the sign ordinance. 2. In recognition that groups wish to develop a sign concept or sign templates and fulfilling sponsor requests is a timely affair, the Coalition will not review individual signs, as long as they meet the guidelines set forth in this policy and their design is within the organization’s approved sign concept or template. Any and all sign concepts or sign templates must be reviewed and approved by the Janesville Sports Coalition Board of Directors. Significant changes to sign concepts and sign templates must return to the Coalition for review. Signs that do not fall into an approved sign concept or sign template must be reviewed and approved individually by the Coalition. The Coalition will not unreasonably withhold approval of an organization’s sign concept, template or sign request. 3. When bringing forward an advertising sign concept, sign template or sign for review, the group should provide sufficient detail so that the Coalition may make an informed decision. Examples of details that may be helpful include location, size, material, a map, a rendering or color information. 4. Rock Soccer, Youth Football and the YMCA desire a consistent look among fields and sports group on the west side of the complex. Likewise, Youth Baseball and Softball desire a consistent look for their signage on the east side of the complex. Therefore, the Coalition will work together to develop guidelines for consistent advertising signage. The Coalition recognizes that some existing or planned signage/advertising may need to be altered for consistency. The Coalition also recognizes there may be differences between signage on the west and east sides due to differences in facilities, structures, and activities. 5. Advertising for alcohol (including alcohol company logos), tobacco or other is products and services which are not in keeping with youth values strictly prohibited . a. Groups may obtain advertising from businesses that sell alcohol, provided the advertising does not present or depict alcohol sales, tobacco sales, other products and services which are not in keeping with youth values or include alcohol company logos. 6. Sports groups are responsible for keeping advertising signs well- maintained and attractive. 2 Janesville Sports Coalition, Inc Policy Statement Policy No. 002 Date Approved by Coalition Board: 7/28/10 Date Approved by City Council: Effective Date Cancellation Date Supersedes No. Subject: Commercial Advertising on the Youth Sports Complex Grounds 7. No field advertising may be directly lit with supplemental lighting; however, scoreboards may be lit, provided they conform to city ordinances. 8. All advertising signs, panels, banners, etc. must be properly secured and mounted to prevent damage or unsightly appearance. 9. No commercial billboards will be permitted unless approved by the Plan Commission. 10. No electronic advertising signs will be permitted; however, indoor electronic “zipper” signs for concession sales are permitted. 11. Advertising may be placed on fences; around the perimeter of the fields; nets; light poles; or on any existing or future buildings funded by a sports group. 12. Taking into consideration the maintenance and operational responsibilities of each user group for the fields, the sports groups may receive and retain revenue, financial proceeds or services-in-kind from advertising signs placed on fences; around the perimeter of the fields; or on any existing or future buildings funded by a sports group. 13. Taking into consideration the City’s contributions of the initial restroom and pavilion and continual maintenance of this building; payment of utility fees; and ownership of the Complex land, the City of Janesville retains the right to advertise within the existing and any future restrooms, pavilions or other city-funded buildings and may receive and retain revenue, financial proceeds or services-in-kind from those advertising signs. The City of Janesville would bring forward for review and approval any advertising signage to the Coalition in accordance with this policy for advertising present at the sports complex only. Original Donor Recognition The Coalition recognizes the significant contributions of the original families and businesses that donated monetarily and physically to make the fields and the Complex a reality. To identify their contributions in perpetuity donors to the original sixteen fields will be recognized at each field permanently. Original donors shall be recognized at the field with their sign at all times. Procedures 1. The Board of Directors has the authority to establish additional rules and guidelines which they determine to be in the best interest of the Youth Sports Complex, the lessees and the City of Janesville. These rules and guidelines shall not be to the detriment of previously approved signage or advertising. 3 ADMINISTRATIVE SERVICES MEMORANDUM August 16, 2010 TO: City Council FROM: Jacob J. Winzenz, Dir. of Admin. Services/Assistant City Manager SUBJECT: Consideration, Discussion, and Actions Concerning Projects Proposed for Inclusion in the 2010 Note Issue. Staff is preparing for the annual Note Issue to fund a variety of projects. The 2010 budget adopted by the City Council in November, 2009 contained a list of proposed/planned projects on pages 182 – 193. Projects proposed for funding from General Fund Note Proceeds totaled $6,660,500. This list provided the starting point for the proposed 2010 Note Issue. Staff has reviewed this planned list of projects and evaluated each project to determine if funds are necessary at this time. This is especially important given the difficult choices we expect to make in the preparation of the 2011 budget. Remember, funding decisions made in this note issue will affect debt service requirements in 2011 and thus impact the 2011 tax levy. Attached to this memorandum are the projects proposed for funding in the 2010 Note Issue. Based upon our review staff is proposing a General Fund Note Issue in the amount of $3,420,000, a decrease of $3,240,500 from the amount planned in the 2010 budget. If this amount is approved, debt service will have a net increase of approximately $260,000, or 3.62%, in 2011. Staff would like to receive feedback and direction from the City Council on the proposed Note Issue. Suggestions will then be incorporated into the preliminary resolution which we anticipate will come before the City Council on September 27, 2010. We anticipate the details resolution will follow on October 11, 2010. DUM ENGINEERING DIVISION MEMORAN August 13, 2010 TO: City Council FROM: Mike Payne, Engineering Manager RECOMMENDATION OF THE TRANSPORTATION COMMITTEE SUBJECT: ACTION ON A PROPOSED RESOLUTION APPROVING AN AGREEMENT TO APPOINT AN ADULT CROSSING GUARD AT THE INTERSECTION OF EAST ROTAMER ROAD AND NORTH WRIGHT ROAD WITH FUNDING FOR THE POSITION PROVIDED BY THE SCHOOL DISTRICT OF MILTON (RESOLUTION NO. 2010-724) At its regular meeting of August 11, 2010, the Transportation Committee recommended (by a 5-0-0 vote) to approve the appointment of an adult crossing guard for the intersection of E. Rotamer Rd. & N. Wright Rd. on the condition funding for the position is provided by the School District of Milton. The staff report and draft meeting minutes related to this item are attached. At a minimum, the position is anticipated to be funded and staffed for the entire 2010/2011 school year. The location will undergo a follow-up study and re-evaluation prior to the 2011/2012 school year. Recommendation The Transportation Committee recommends adoption of attached Resolution No. 2010-724 at the August 13, 2010 Council Meeting. City Manager Recommendation The City Manager concurs with the Transportation Committee recommendation. DFR: Attachments cc: Eric Levitt, City Manager Jay Winzenz, Director of Administrative Services/Assistant City Manager Carl Weber, Director of Public Works/City Engineer David Moore, Police Chief J:\Agenda Review\Approved Agenda Items\2010\8-23-2010\Rotamer and Wright Crossing Guard - Memo.doc 13 August 2010 (1) Of (2) CITY OF JANESVILLE RESOLUTION NO. 2010-724 A Resolution approving an agreement to appoint an adult crossing guard at the intersection of East Rotamer Road and North Wright Road with funding for the position provided by the School District of Milton. WHEREAS, at the request of Harmony (Elementary) School and the School District of Milton, the Engineering Division completed a study of the intersection of East Rotamer Road and North Wright Road to determine whether it meets the criteria for an adult crossing guard as defined in Council Policy Statement No. 53; and WHEREAS, the study results indicate the criteria was not met based on a study of children crossing the intersection in the spring before school let out for summer break; and WHEREAS, the School District of Milton will be discontinuing bussing for some students that may utilize the crossing in the future; and WHEREAS, the School District of Milton has agreed to provide funding for the position; and WHEREAS, students using the crossing are generally residents of the City of Janesville; and WHEREAS, the Transportation Committee, at its August 10, 2010 meeting, recommended that an adult School Crossing Guard be assigned to this location on the condition funding is provided by the School District of Milton; and WHEREAS, this intergovernmental cooperative agreement and arrangement are found to be in the best interests of the public and of benefit to both communities. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Janesville, that it hereby approves the appointment of an adult crossing guard with funding provided by the School District of Milton. j:\agenda review\approved agenda items\2010\8-23-2010\rotamer and wright crossing guard - res 2010-724.doc 13 August 2010 (2) of (2) CITY OF JANESVILLE RESOLUTION NO. 2010-724 ADOPTED: MOTION BY: APPROVED: SECOND BY: COUNCILMEMBER AYE NAY PASS ABSENT Eric Levitt, City Manager BRUNNER McDONALD ATTEST: PERROTTO Jean Ann Wulf, City Clerk-Treasurer RASHKIN STEEBER APPROVED AS TO FORM: TRUMAN City Attorney, Wald Kiimczyk VOSKUIL Proposed by: ENGINEERING DIVISION Prepared by: ENGINEERING DIVISION j:\agenda review\approved agenda items\2010\8-23-2010\rotamer and wright crossing guard - res 2010-724.doc CITY ATTORNEY’S OFFICE MEMORANDUM August 9, 2010 TO: City Council FROM: Tim Wellnitz, Assistant City Attorney SUBJECT: Introduce and Schedule a Public Hearing on a Proposed Ordinance amending JGO Chapter 9.84 regulating the carrying of firearms and handguns in the City of Janesville with penalties as set forth in proposed JGO 9.84.050. (File Ord. 2010-458) Staff Recommendation Staff recommends the City Council adopt Proposed Ordinance 2010-458 amending JGO Chapter 9.84 regulating the carrying of firearms and handguns in the City of Janesville. City Manager’s Recommendation This proposed ordinance amendment will put the City in compliance with the current State law. Suggested Motion I move to adopt Proposed Ordinance No. 2010-458. Request Following a citizen request to amend JGO Chapter 9.84 that would update the ordinance to be in conformity with state law Council Members Brunner and Perrotto have requested that an amended ordinance be prepared. Background State law prohibits municipal ordinances that regulate the keeping, possession, or bearing of a firearm unless the ordinance is “the same as or similar to, and no more stringent than, a state statute.” Wis. Stat. § 66.0409(2). Analysis Proposed Ordinance No. 2010-458 amends JGO Chapter 9.84, so as to restrict the possession of firearms and handguns consistent with state statutes but allows carrying unconcealed firearms in Janesville in a manner consistent with and allowed by current Wisconsin state law. cc: Eric Levitt, City Manager Jacob J. Winzenz, Assistant City Manager/Dir. of Administrative Services 1 ORDINANCE NO. 2010 - 458 An ordinance amending JGO Chapter 9.84 regulating the carrying of firearms and handguns in the City of Janesville with penalties as set forth in proposed JGO 9.84.050. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Chapter 9.84 of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: VIII. WEAPONS* Chapter 9.84 CONCEALED WEAPONS** Sections: 9.84.010 Prohibitions--Exceptions--Definitions. 9.84.020 Selling prohibited when. 9.84.030 Possession of certain weapons prohibited. 9.84.040 Possession of firearm and handgun prohibited when. 9.84.050 Violation--Penalty. 9.84.010 Prohibitions--Exceptions--Definitions . A . Carrying dangerous or concealed weapons is prohibited. Carrying a concealed firearm is prohibited. Carrying of a firearm or handgun as provided in 9.84.040 is prohibited. Selling certain weapons is prohibited. B . It is unlawful for any person, except policemen or any other officer authorized to serve process, to wear concealed about his person, within the limits of the city, any dangerous weapon as defined in subsection D of this section. The carrying of any instrument necessary to certain trades, crafts, sports or professions during the usual course of such endeavor is specifically exempted from the terms of this section. The carrying of a firearm is specifically exempted from the terms of this section relating to dangerous weapons. C."Concealed weapon" means and includes any dangerous weapon is hidden from ordinary observation. Absolute invisibility is not necessary to constitute a weapon as being concealed. Any weapon which is carried within a case is not to be construed as a concealed weapon if the case is plainly visible. D."Dangerous weapon" means and includes any instrument which by its capabilities of use is liable to produce death or great bodily harm., except a firearm as defined in subsection E of this section. The following are dangerous per se: blackjack, billy, sandclub, bludgeon, sling shot, slung shot, pistol, revolver; any instrument which impels a missile by compressed air, spring, or other means; any weapon upon which loaded or blank cartridges are used, crossknuckles, knuckles of any metal, barbed or blade type arrowhead, bowie knife, knife, dirk, dagger, switchblade knife, or any knife which has a blade that may be drawn without the necessity of contact with the blade itself but is automatically opened by slight pressure on the handle or some other part of the knife and is commonly known as a switchblade knife, straight-edge razor or any other knife having a blade three inches or longer. Instruments not herein specifically enumerated are more the less dangerous weapons when they fall within the terms of the definitions in subsections C and D of this section. (Prior code s. 19.02(1)). E.“Firearm” means a weapon that acts by force of gunpowder. F. “Handgun” means any weapon designed or redesigned, or made or remade, and intended to be fired while held in one hand and to use the energy of an explosive to expel a projectile through a smooth or rifled bore. 9.84.020 Selling prohibited when . No person shall sell any firearm, blackjack, billy, bludgeon, crossknuckles, knuckles of any metal, bowie knife, dirk knife, dirk, dagger, switchblade knife or any other knife having a blade three inches or longer to any minor in the city. In no case shall any person sell a switchblade knife or other knife, the blade of which opens automatically by pressure or the touching of a button or other device rather than manually. (Prior code s. 19.02(2)). 9.84.030 Possession of certain weapons prohibited . No person shall have in his possession at any time, whether concealed or visible, any switchblade knife or other knife, the blade of which opens automatically by pressure or the touching of a button, or other device rather than manually. No person shall possess, whether concealed or visible, any karate stick, karate club, or any similar instrument consisting of two straight bars, each less than twenty-five inches in length, jointed together by leather, cloth, metal hinge or any other type of flexible joint. (Prior code s. 19.02(3)). 9.84.040 Possession of firearm and handgun prohibited when. A. Carrying non-concealed firearms is permitted, except as prohibited in this Chapter. No person, however, shall carry or possess a firearm or handgun contrary to Wisconsin Statutes, as from time to time amended or renumbered. B. No person shall place, possess or transport a firearm, in or on a motorboat with the motor running, unless the firearm is unloaded or is enclosed in a carrying case contrary to Section 167.31(2)(a) of the Wisconsin Statutes, as from time to time amended or renumbered. C. No person shall place, possess or transport a firearm in or on a vehicle, unless the firearm is unloaded and encased or is enclosed in a carrying case contrary to Section 167.31(2)(b) of the Wisconsin Statutes, as from time to time amended or renumbered. D. No person shall possess a firearm if such person is under a court-ordered injunction or restraining order for domestic abuse, child abuse, or harassment contrary to Sections 813.12(4m), 813.122(5m), or 813.125(4m) of the Wisconsin Statutes as from time to time amended or renumbered. E. No person shall endanger the safety of another by the negligent operation or handling of a firearm contrary to Section 941.20(1)(a) of the Wisconsin Statutes as from time to time amended or renumbered. F. No person shall operate or go armed with a firearm while under the influence of an intoxicant or restricted controlled substance contrary to Sections 941.20(1)(b) or (bm) of the Wisconsin Statutes as from time to time amended or renumbered. G. No person shall intentionally point a firearm at or toward another contrary to Section 941.20(1)(c) of the Wisconsin Statutes as from time to time amended or renumbered. H. No person shall go armed with a firearm in any building owned or leased by the state or any political subdivision of the state contrary to Section 941.235(1) of the Wisconsin Statutes as from time to time amended or renumbered. I. No person shall intentionally go armed with a handgun on any premises for which a Class “B” or “Class B” license or permit has been issued under ch. 125 of the Wisconsin Statutes contrary to Section 941.237(2) of the Wisconsin Statutes as from time to time amended or renumbered. J. No person shall possess a firearm if such person has been convicted of a felony, adjudicated delinquent, found not guilty by reason of mental disease or defect, committed for treatment under ch. 51 of the Wisconsin Statutes, or is prohibited from possessing a firearm for any and all reasons contrary to Section 941.29 of the Wisconsin Statutes as from time to time amended or renumbered. K. No person under 18 years of age shall possess or go armed with a firearm contrary to Section 948.60 of the Wisconsin Statutes as from time to time amended or renumbered. L. No person shall knowingly possess a firearm at a place that the person knows, or has reasonable cause to believe, is a school zone contrary to Section 948.605 of the Wisconsin Statutes as from time to time amended or renumbered. 9.84.050 Violation--Penalty . Any person who violates any of the provisions of this chapter shall forfeit and pay to the city a penalty not to exceed three hundred dollars ($300), together with the costs of prosecution for each offense and in default of payment, the violator shall be imprisoned not more than sixty days. Each day's continuance of any violation constitutes a separate offense. In addition to the money forfeiture, the violator shall forfeit the prohibited or concealed weapon to the city for its disposal as allowed by Wisconsin Statutes. (Ord. 83-323 s. 1, 1983). 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: Council Members Brunner and Perrotto Prepared by: Assistant City Attorney JANESVILLE TRANSIT SYSTEM MEMORANDUM August 13, 2010 TO: City Council FROM: Transit Director Introduce and Schedule a Public Hearing on a Proposed Ordinance SUBJECT: Allowing Purchase of Special Fare Bus Tokens by Certain Public Agencies – (Ordinance 2010- 460). Executive Summary: On May 11, 2009, the City Council passed Ordinance 2009-433, establishing a program that allows certain private non-profit agencies in the community to purchase Janesville Transit System bus tokens at a discount for redistribution to low income citizens. The general parameters of the program are as follows: 1. The total number of tokens available for sale at the reduced rate would not exceed 5,000 on an annual basis; or as adjusted by the City as part of the annual budget process. 2. The cost, on a per token basis, would be not less than one half of the prevailing cash fare, or the amount established by the Transit System for those customers qualifying for transportation at “half fare”. 3. Agencies purchasing tokens at the reduced rate would enter into an agreement with the Transit System to purchase a minimum amount of tokens at full price during a calendar year, which would allow them to qualify for the reduced rate program. Once the reduced fare program was established, it became apparent that the need for low fare transportation existed beyond the programs administered by these private non- profit agencies; and specifically with certain students in the Janesville Public Schools. Both the School District of Janesville and certain ad-hoc charitable organizations within the schools have been attempting to address these needs. The Transit System worked closely with the Transportation Director for the School District to determine if these needs could be covered by existing programs already being funded by the School District. As a result, it became apparent that a substantial number of disadvantaged families in the community were struggling with both the availability and cost of home to school transportation. Because some of the Districts programs are based on the distance a student lives from the school attended, many of these families are not eligible for other transportation programs supported by the District. The result of these discussions was a meeting between the City Manager, Director of Neighborhood Services, Transit Director and School District officials in June, 2010. As a result of the meeting, the School District requested that the City extend the reduced fare token program to disadvantaged students who did not qualify for other forms of transportation assistance from the School District for transportation to and from school. The Administration believes that it is in the broad best interest of the community to grant this request. 1 Since bus fares and fare policies on the Janesville Transit System are set by City Ordinance, Ordinance 2010-460 has been prepared for Council review and adoption to extend the reduced fare program to include clients/students of certain public agencies, including the School District of Janesville; and to modify the program policy statement which describes the program parameters for participating agencies to include these public agencies. Recommendation: The Transit System recommends that the Council President schedule Ordinance 2010- 460, extending the Reduced Price Purchase of Bus Tokens to certain public agencies, for public hearing on September 13, 2010. City Manager Recommendation: The City Manager concurs with the staff recommendation. I believe this amendment would meet the intent of the Council when it approved the original ordinance. Request: This request for extension of the reduced fare token program to the School District was requested by District officials Marge Hallenbeck and Steve Eichman in a meeting with the City Manager and other members of the Administration on June 17, 2010. The City Manager agreed in principle to extend this program to the School District, subject to Council approval of the ordinance change. Analysis: Initial Program Results: Since the passage of the Ordinance, three private non-profit agencies; ECHO, the Salvation Army, and the House of Mercy, have signed-on as participants in the program. Since implementation, a total of 3,500 reduced fare tokens have been purchased by these agencies, with 2,372 of these tokens being presented for fare through June 30, 2010. Compatibility with Program Goals: The original intent of establishing a reduced fare token program was to increase the availability of transportation to disadvantaged citizens, increase ridership on the Transit System, and protect the City’s revenue stream from bus fares. As fielded, the program established several parameters for those citizens receiving the reduced fare tokens through the agencies. These included: 1. Economic Hardship: Recipients shall be those citizens whose individual or family income is less than the federally-recognized “Very Low Income” level (defined as 50% or less of the median income for Rock County, Wisconsin) as established by the United States Department of Housing and Urban Development as of March 1 of each year. 2. Trip Purpose: Usage of reduced-fare tokens shall be restricted to the following trip purposes: ? Access to employment (jobs, job interviews or job training.) 2 ? Access to health care (medical, dental, vision and mental health care.) ? Education (elementary, secondary, post-secondary) ? Access to support programs for children and/or families. In our discussions with the School District, it is their belief that the families and students needing access to reduced fare tokens would meet the parameters for the program, which include education at the elementary and secondary levels as a permissible trip purpose; and that they have the capability through school social workers and other professionals to ensure that those students to whom the tokens are issued meet the program’s income guidelines. Limitations on Reduced Fare Tokens Issued: In establishing the reduced fare token program, the Council placed a limit of 5,000 tokens to be distributed annually under the program to protect the City’s revenue stream from passenger fares. In the first 12 months of the program’s existence, (June, 2009 through May 2010) 3,500 tokens were distributed to the three participating private non-profit agencies in the program, leaving a theoretical “headroom” of 1,500 tokens able to be distributed before reaching the 5,000 token limit. Since January 1, 2010, 2,000 tokens have been distributed, leaving “headroom” of 3,000 tokens for distribution to all agencies for the remainder of this calendar year. For 2010 to date, 1,934 rides have been taken using reduced fare tokens. While we do not have an accurate count of the number of students who might use this program between now and the end of this year, it appears that there is sufficient flexibility in the system to accommodate the School District’s request, plus riders from the existing agencies, without exceeding the 5,000 token limit. Expansion of Program Coverage: By expanding the coverage of the reduced fare token program to include the School District; we will be establishing a precedent of allowing a public agency to participate in this program. The Transit System has established business relationships with a number of public agencies at the local, county and state levels, and allowing one public agency (the School District) to participate in the program may cause us to have to allow other public agencies whose trip purposes fall within the program parameters to likewise be admitted to the program. This will likely cause us to exceed the 5,000 annual limit on tokens distributed and is a potential disadvantage of granting the School Districts request. cc: Eric Levitt, City Manager Jay Winzenz, Director of Administration Jennifer Petruzzello, Director of Neighborhood Services 3 ORDINANCE NO. 2010-460 An ordinance providing for special Janesville Transit System bus fare rate bulk purchase discounts for non-profit organizations and certain public agencies, with a penalty for violations thereof as set forth in JGO 10.76.030. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS : SECTION I. Section 10.76.020 L. of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: 10.76.020 Bus fares—Regular fare rates. “ The regular fare rates that shall be charged by the Janesville Transit System are as follows: … “L. $.75 per ride based on a bulk purchase charge of $75.00 for 100 tokens, when tokens are purchased by a private non-profitor eligible publicagency for distribution to its clients; and the agency follows certain certification procedures established by the Transit Director as a condition of eligibility to purchase said tokens at a discount. When these procedures are not followed, the charge for token purchases shall be as outlined in Sub C, above.” SECTION II. The above fare rates in subparagraph L. shall take effect on September 20, 2010, and shall remain in effect until modified as provided in Section 10.76.010. ADOPTED: APPROVED: 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: David J. Mumma, Transit Director Prepared by: David J. Mumma, Transit Director Shared/Ordinance 2010-460 (Expand Special Fare Tokens to Public Agency Purchases)(2).doc LEISURE SERVICES DEPARTMENT MEMORANDUM August 19, 2010 TO: City Council FROM: Eric J. Levitt, City Manager SUBJECT: Action on a request to Waive the Special Event Fee for Partners in Prevention Family Fun Fest. ______________________________________________________________ INTRODUCTION Partners in Prevention has submitted a Special Event Application to conduct the th 2010 Family Fun Fest in Riverside Park for its 16 annual event. The event is scheduled to take place on Saturday, September 11, 2010. Partners in Prevention has requested that the City of Janesville waive the event fee, pavilion rental fee and rental of equipment charges for a total of $553. CITY RECOMMENDATION The Leisure Services Division has administratively approved the application for this public event. The recommendation to waive fees is a difficult decision. Each year, the City has many non-profit organizations that provide great family fun for our community. While I have no recommendation on this request, I recommend that if approved, the City Council authorize the City Manager to reevaluate our fees and restructure the fee system going into 2011. As the City is facing budget reductions that will include service level decreases, it is problematic to walk away from revenue sources. Revenue goals are put in place at the time of budget and expectations are that we make every attempt to reach those goals. This decision is largely one of policy and service level. SUGGESTED MOTION I move that the request to waive the special event fees for Partners in Prevention be approved (denied). CITY MANAGER RECOMMENDATION Staff has many valid concerns over the waiver of special event fees. However, given the economic conditions facing Janesville the City Council may want to consider granting this request. REQUEST The fee waiver has been requested by Partners in Prevention and Councilmember Truman. The request is to waive the event fee ($110), pavilion rental fee ($47) and equipment charges ($10 trash cans at $1 each 20 picnic tables at $5 each, large PA system for $40, and portable stage for $20.) Under City ordinance all requests for fee waivers must be approved the City Council. BACKGROUND Family Fun Fest is in its fifteenth year of operation. The event is free and open to the public. A variety of activities are planned including games, live music, pony rides, food, a Janesville Police Department display and other family activities. Partners in Prevention is a non for profit organization. In 2009, they lost their two major funding sources, General Motors and UAW. Ms. Baldwin has indicated that with this loss of funding reducing their expenses is key in providing the community with this event. With the local economy and the affect it has on families, Partners in Prevention would like to keep this healthy event as a source of free family activity for the Janesville Community. In the past, the City Council has approved fee waivers for the Janesville Farmer’s Market for 4 years, and the Janesville Jaycees for 2 years (2007&2008). ANALYSIS The City of Janesville provides facilitation for many special events throughout the year. Fees are established and charged for all events including walks, block parties, parades and many private functions. Fees collected are directly related to the size and length of the event, equipment needs, and types of facilities requested for use. These fees are designed to help offset the cost of supporting these events and maintaining equipment and facilities. In a typical year, Leisure Services facilitates between 80 – 100 events, including numerous non-profit events. Revenue from those events varies from $5,000 to $6,000. Event fees are established as a part of overall revenue projections which in turn reduce the tax impact of these services. cc: Eric Levitt, City Manager Jacob J. Winzenz, Asst. City Manager/Director of Administrative Services 2