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Full Agenda Packet CITY OF JANESVILLE CITY COUNCIL MEETING AGENDA MONDAY, September 13, 2010 7:00 P.M. 1. Call to Order and Pledge of Allegiance. 2. Roll Call. 3. Minutes of City Council regular meeting of August 23, 2010. “C” 4. Licenses; and Recommendations of the Alcohol License Advisory Committee. (Refer to separate agenda.) “C” 5. Action on a financial gain request from Foundation for Preservation of 108 South Jackson to conduct a run/walk on October 2, 2010. “C” 6. Action on a request from New Life Assembly of God to waive park rental fees. “C” 7. Special recognition: Action on a proposed resolution in commendation of Brad Cantrell’s service to the City of Janesville. (File Res. No. 2010-730) OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. 2. Second reading, public hearing and action on a proposed ordinance 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. No. 2010-458) 3. Second reading, public hearing and action on a proposed ordinance expanding special fare tokens to public agency purchases. (File Ord. No. 2010-460) ----------------------- “C” – This designation indicates an item that the City Council will take up under a Consent Agenda. City Council Agenda – September 13, 2010 Page 2 OLD BUSINESS (CONTINUED) 4. Consideration, discussion, and action concerning the current and potential future Janesville ice rinks as discussed in the recent Rink Management Services Corporation ice rink evaluation. 5. Consideration, discussion, and action on a proposed advertising policy at the Youth Sports Complex. NEW BUSINESS 1. Discussion/possible action on proposed lease modifications with Wisconsin Hockey Partners LLC. 2. Action on a proposed resolution authorizing funding for a land rink impoundment system in Traxler Park. (File Res. No. 2010-731) 3. Action on a request to commit $400,000 as a 25% local match for an EDA Business Incubator grant application. 4. Review and approval of an Economic Development Grant to Fuji Steakhouse 2235 Milton Avenue. 5. Schedule a Metropolitan Planning Organization Policy Board meeting. 6. Schedule study session meetings to review 2011 proposed City and Library budgets. 7. Recommendation of the Transportation Committee: Introduce and schedule a public hearing on a proposed ordinance amending the list of streets required to yield to other designated streets to include: North Osborne Avenue yields to Bond Place; North Marion Avenue yields to Bond Place; North Willard Avenue yields to Bond Place; and Division Street yields to East Van Buren Street. (File Ord. No. 2010-724) 8. Introduce, refer to Plan Commission and schedule a public hearing on a proposed ordinance rezoning property located at 2723 West Memorial Drive from B2 to R3M. (File Ord. No. 2010-461) 9. Requests and comments from the public on matters which can be affected by Council action. City Council Agenda – September 13, 2010 Page 3 OLD BUSINESS (CONTINUED) 10. Matters not on the Agenda. 11. Consideration and action upon a motion to convene into closed session, pursuant to Wisconsin Statute Section 19.85(1)(e), for the purpose of deliberating upon and setting the negotiating and bargaining parameters, terms, and conditions for: (1) a TIF 22 development agreement industrial incentive package and (2) upcoming collective bargaining agreement(s) renewal negotiations. The use of audible cell phone ringers and active use and response to cellular phone technology by the governing body, staff and members of the public is discouraged in the Council Chambers while the Council is in session. PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING August 23, 2010 VOL. 61 NO. 15 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on August 23, 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 August 9, 2010. Minutes of the special meeting of August 9, 2010. Action on a motion to approve final Certified Survey Map 10012-C, Racine Street Properties Investors, 2 lots along STH 11. Financial Statement for the month of July, 2010. Council President Voskuil stated that all items on the consent agenda would be approved as recommended if there were no objections. There were none. Special Recognition: Action on a proposed resolution in commendation of David E Thoreson’s twenty-nine years of service to the City of Janesville. Councilmember Brunner moved to adopt said resolution, seconded by Councilmember Steeber and passed unanimously. (File Res. No. 2010-723) OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. Judy Adler, 320 Oakland Ave., Joel VanHaaften, 518 Whitewater Ave., Fort Atkinson, and Meredith Helgerson, 817 E. Milwaukee St., spoke in favor of lease with the Rock County Historical Society to operate the Tallman House (NB #1) and proposed borrowing for Tallman House restorations (NB #3). Mary Goad, 922 Nantucket Dr., spoke against a new ice center (NB #2) and borrowing money (NB #3). 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. Councilmember Steeber moved to postpone until September 13, 2010, seconded by Councilmember Rashkin and passed unanimously. NEW BUSINESS 1. Consideration, discussion, and actions concerning the Tallman House lease, operations, and property. Councilmember Steeber moved to renew the lease for two years with the Rock County Historical Society, seconded by Councilmember Rashkin and passed by the following vote: Aye: Brunner, Rashkin, Steeber, Truman, and Voskuil. Nay: McDonald and Perrotto. 2. Consideration, discussion, and actions on a proposed advertising policy at the Youth Sports Complex. Councilmember Steeber moved to adopt the policy with Council approval of guidelines for advertising, seconded by Councilmember Truman. Councilmember McDonald made a motion to postpone action until September 13, 2010, seconded by Councilmember Steeber and passed unanimously. 3. Consideration, discussion, and actions concerning projects proposed for inclusion in the 2010 note issue. Councilmember Steeber moved to direct Administration to move forward with the note issue projects as presented, seconded by Councilmember Perrotto and passed by the following vote: Aye: Brunner, Rashkin, Perrotto, Steeber, Truman, and Voskuil. Nay: McDonald. 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 E. Rotamer Rd. and N. Wright Rd. with funding for the position provided by the School District of Milton. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Rashkin and passed by the following vote: Aye: McDonald, Rashkin, Steeber, Perrotto and Voskuil. Nay: Brunner and Truman. (File Res. No. 2010-724) 5. 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 was introduced and scheduled a public hearing on September 13, 2010. (File Ord. No. 2010-458) 6. A proposed ordinance expanding special fare tokens to public agency purchases was introduced and scheduled a public hearing on September 13, 2010. (File Ord. No. 2010-460) 7. Action on Request to Waive the Special Event Fee for Partners in Prevention Family Fun Fest. Councilmember Truman moved to waive the special event fee for Partners in Prevention, seconded by Councilmember Rashkin and passed by the following vote: Aye: Brunner, Truman, Rashkin, Steeber, Perrotto and Voskuil. Nay: McDonald. 8. Requests and comments from the public on matters which can be affected by Council action. Andreah Briarmoon, 339 S. Locust St., asked Council to focus on blight prevention by repairing homes and to create a citizen committee to review ordinances. 9. Matters not on the Agenda. Councilmember McDonald asked if there was a timeline for completing repairs on Milwaukee St. and Ruger Ave. Public Works Director Webber will provide information at a later date. Councilmember Brunner asked Administration to investigate street light outages at the intersection of Racine St. and Ringold St., along Beloit Ave., and on Ruther Way. He also asked the Administration to check stop signs for obstructions and to enforce the no signs in the terrace ordinance or repeal it. Councilmember Truman asked Administration to investigate possible code violations at 2301 Woodruff Blvd. Councilmember Rashkin thanked Brad Cantrell for his years of service. 10. Councilmember McDonald moved to adjourn, seconded by councilmember Steeber and passed unanimously. There being no further business, Council adjourned at 9:12 p.m. These minutes are not official until approved by the City Council. David T. Godek Deputy Clerk-Treasurer JANESVILLE CITY COUNCIL LICENSE AGENDA 9/13/2010 RECOMMENDED A. ELECTRICIANS–ORIGINAL William C. Stoiber Jr. 12425 Knoll Rd., Elm Grove, WI Bradley A. Whitford P.O. BOX 3016 B. SIGN ERECTOR–ORIGINAL Herbert M. Hamm III Babcock Outdoor Advertising, Inc. 966 Center Ave. LEISURE SERVICES DEPARTMENT MEMORANDUM August 18, 2010 MEMO TO: City Council MEMO FROM: Bonnie Davis, Recreation Director SUBJECT: Action on a First Time Financial Gain Request for the Foundation for the Preservation of 108 S. Jackson Street ______________________________________________________ Request The Leisure Services Division has received a financial gain request from the Foundation for the Preservation of 108 S. Jackson Street. Since this is a first- time request for financial gain, it must be approved by the City Council. Staff Recommendation Leisure Services recommends approval for the Foundation of the Preservation of 108 S. Jackson Street to conduct a 5K Foundation Fundraiser Run to raise money for necessary repairs of their building. City Manager Recommendation The City Manager concurs with staff recommendation. Suggested Motion I move the Council approve the request for the first time financial gain for a 5K Foundation Fundraiser to raise money for the Foundation for the Preservation of 108 S. Jackson Background A completed application for the 5K run is now on file with Leisure Services ? along with a route map.. The run will be conducted on October 2, 2010 at 6:30AM with the ? assembly and dispersal at 108 S. Jackson. A fee will be charged for each participant with all money going back to the ? foundation for the repair of the building. It is estimated that 100-150 runners will participate. ? A member of the Foundation will attend tonight’s meeting to answer ? questions if needed. CITY MANAGER DEPARTMENT MEMORANDUM September 8, 2010 MEMO TO: City Council MEMO FROM: Eric J. Levitt, City Manager SUBJECT: Action on a Request from New Life Assembly of God to Waive Park Rental Fees ______________________________________________________ Request The Leisure Services Division has received a request from the New Life Assembly of God to waive the park rental fees which are $130 for the event. City Manager Recommendation The City Manager believes that this request is consistent with other fee waiver requests based on the facts that it is for a free movie in the park put on for the public. I have discussed my concern with Michael Jackson about the possible precedent and he is receptive to the idea of the City Council dedicating the funds for scholarships for children to attend other leisure service activity rather than waiving the fee. The City Manager anticipates bringing a policy change for consideration on waiver of fees prior to 2011. Possible Motion I move the Council approve the request for the financial gain request to waive the park rental fee. Alternative Motion if pulled I move the Council apply the fee for scholarships for leisure services programs. Background The attached letter provides the background. HUMAN RESOURCES DIVISION MEMORANDUM August 30, 2010 TO: City Council FROM: Susan Musick, Human Resources Director SUBJECT: Retirement Recognition Bradley A. Cantrell Executive Summary At the City Council meeting of September 13, 2010, the following retirement commendation will be considered under the consent agenda: 1. Bradley A. Cantrell for thirty-one years of service with the City of Janesville (File Resolution Number 2010-730). ? Brad will be attending the September 13, 2010 Council meeting. ? Brad began working for the City of Janesville on September 4, 1979, as an Associate Planner II, in the Planning Department. On April 2, 1990, Brad’s title changed to Senior Planner. On February 17, 1992, Brad was promoted to the position of Planning Director. Brad was promoted to the position of Community Development/Planning Director on April 18, 2005. ? Brad’s last day of work will be September 1, 2010. Recommendation Staff recommends adoption of File Resolution 2010-730. This resolution will honor an employee who has completed a distinguished 31 year career. 1 RESOLUTION NO. 2010-730 Whereas, Bradley A. Cantrell is retiring from City of Janesville employment after having diligently served the people of the City of Janesville and the community for thirty-one years, retiring as the Community Development Director; and Whereas, Brad began working for Janesville in 1979 and holds a distinguished career in community planning and development, serving as a Planner for the City of Champaign, Illinois; and as Planner, Planning Director and Community Development Director for the City of Janesville; and Whereas, Brad used his expertise in site selection and long-range planning to benefit many significant, citywide projects, including the Transit Transfer Center; Youth Sports Complex, City Services Center; and expansions of the Hedberg Public Library, Senior Center; bicycle and pedestrian trail system, State Highway 11 Bypass and Reuther Way; and Whereas, Brad was the lead staff person for the development of the new downtown parking garage and the Comprehensive Plan and has served on the Rock County Historical Society Board of Directors for many years. Brad is a champion of open space and riverfront acquisitions and is always the first to advocate for buildings or projects with historic or cultural significance; and Whereas, Brad is long-time believer in the value of public input to the development process, and has required developers to hold public neighborhood meetings for area residents to discuss their concerns and ask questions regarding potential developments long before it became required; and Whereas, during Bradley A. Cantrell’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 Bradley A. Cantrell for his thirty-one years of loyal public service. th Dated this 13 day of September, 2010. Motion by: ADOPTED: Second by: APPROVED: Councilmember Aye Nay Pass Absent Eric J. Levitt, City Manager Brunner McDonald ATTEST: Perrotto Jean Ann Wulf, City Clerk-Treasurer Rashkin APPROVED AS TO FORM: Steeber Truman City Attorney Wald Klimczyk Voskuil Proposed by: Human Resources Prepared by: Human Resources CITY ATTORNEY’S OFFICE MEMORANDUM August 9, 2010 TO: City Council FROM: Tim Wellnitz, Assistant City Attorney SUBJECT: Second reading, public hearing and action 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: ______________________________ Assistant City Attorney Proposed by: Council Members Brunner and Perrotto Prepared by: Assistant City Attorney JANESVILLE TRANSIT SYSTEM MEMORANDUM August 27, 2010 TO: City Council FROM: Transit Director Public Hearing and Action on a Proposed Ordinance Allowing SUBJECT: 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 District’s 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, in late July, 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 following the public hearing on September 13, 2010, the Council approve Ordinance 2010-460, extending the Reduced Price Purchase of Bus Tokens to certain public agencies, including the School District of Janesville. City Manager Recommendation: The City Manager recommends this amendment. I believe this meets the initial objective of the City Council when the program was established. Suggested Motion: I move the adoption of Ordinance 2010-460, an ordinanceproviding 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. 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 2 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.) ? 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, counselors 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 CITY MANAGER DEPARTMENT MEMORANDUM July 12, 2010 Updated September 8, 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 at the location selected previously and 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 from $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. Update to Recommendation for September 13, 2010 Attached is the Ice Center Advisory Committee’s recommendation and their projected revenue gains from a second sheet. If those projections were able to be fulfilled and be sustainable for a minimum of 5 to 10 years, I would agree that building a two sheet arena is a positive move. However, in evaluating the data, I believe that the assumptions need to be closely analyzed. ? The revenue projections show an increase of 80% in revenues over the current usage. From the calendar of activity, I believe there is approximately 4 months that the ice is close to 100% capacity currently and 2 months that have up to 70 to 80% capacity during prime time (defined as 3 p.m. to 10:00 p.m. and weekends). ? I believe an aggressive but more realistic expectation would be an increase of approximately $100,000 to $120,000. This is based on increasing usage by 5 hours per day every day during the 4 highest usage months and having some increase in usage during the two shoulder months. ? The $105,000 in increased expenses is based on an assumption that efficiencies are gained by having a facility that does not duplicate staffing or energy costs. If two large events occur concurrently the facility may need to be designed differently. ? The assumption on public skating is based on lost public skating session because of other activities. However, the projection exceeds our highest year which was 2009 by $18,000. The public skate showed increases in revenue in recent years concurrent with the loss of another activity. ? Youth Hockey increasing revenues to $149,000 is doable if the two key assumptions occur. They are looking at increasing practice time for current teams and adding a non-high school affiliated midget (15 to 18 year old) team. However, youth hockey is a cyclical business in certain respects and records show that revenues dropped from $99,000 to $63,000 over a 5 year period in the mid-2000s. They are on an upswing, but it is difficult to tell what the sustainability will be. ? Figure skating’s projections appear to be based on increasing coaching and skaters. This would result in a $68,000 increase. This does not have any guarantees tied to it for the City. ? The Bluebirds is tied to revenues we currently don’t receive because of our contract with the School. If the contract changes, these revenues would also be there for a one-sheet scenario also. ? Concessions are under projected for a new facility. 4 My recommendation is based on the understanding that the City Council is willing to contribute to additional costs of a second sheet if the City was able to forgo future subsidies for the sustainable future. I still believe that the City Council would need to consider whether you are willing to subsidize a two sheet facility if the assumptions don’t occur in the five year period. 5 The Ice Center Advisory Committee (Committee) was charged with the evaluation of the Rink Management Services Corporation report (Consultant). The conclusions drawn by the Committee are: 1. The report was objective and the fee charged was appropriate. The comprehensive census information and spending patterns of the community provided a foundation for the Committee to expand its review of the facts presented and the assumptions for the reports conclusions. 2. It is the opinion of the Committee that while the Consultant’s report was very detailed in the area of population of the community they did not focus adequate time with the various user groups. The Committee, using volunteer time, was able to determine that there is sufficient demand for a 2 sheet ice arena to operate under Management of the City of Janesville. a. Youth Hockey could expand their usage by as much as 394 hours per year which could produce $65,000 in revenue. b. Polar Express could expand their usage to produce an additional $4,000 in revenue. c. The Figure Skating Club could expand their usage by 490 hours for another additional $80,850. d. Public skating sessions could increase and provide as much as an additional $31,000 in revenue. 3. Mr. Levitt’s current projection for the 2 sheet facility expenses are $350,000 per year. The subsidy for this year is projected to be $73,000 and would increase to $105,000 for the 2 sheet facility with no increase in revenues. The Committee has shown that the various user groups have the desire to expand their programs. This expansion could result in as much as $180,850 in revenues without raising the hourly rate from the present $165 per hour. It is the opinion of the Committee that a 2 sheet facility should be built and with support of the current user groups it can be operated without a deficit. Potential Revenue Gain ______________________________________________________ Projected Revenues 2010 Increase for 2 sheets Projected Totals Public Totals $34,000 $31,000 $65,000 Program Totals $33,000 $ 4,000 $37,000 Youth Hockey $84,000 $65,000 $149,000 Janesville Jets $27,000 $8,000 $35,000 Ice Rentals $58,000 ---0--- $58,000 Figure Skating $12,000 $68,000 $80,000 Concession $5,000 $2,000 $7,000 Bluebirds/Fury H.S. ---0--- $25,000 $25,000 Pro Shop $1,000 $500 $1,500 $254,000 $457,500 Potential Revenue Loss 132 additional practice Youth Hockey hours $21,780 26 games played at other arenas $4,290 Dry land training rental $400 Invitational Tournaments (2) $5280 Skill development sessions (12) $1980 Goalie training (4) $660 WAHA Tournament (1) $2,640 Addition of Midget age hockey team (1) $9,900 Intra-mural league (22 hours) $3,630 Sub total $50,560 Open skate sessions (26) Leisure Services (Cancelled for Jets games) $31,000 Team Wisconsin game (1) $380 Sub total $31,380 Janesville Jets Junior Jets Tournament (1) $3,000 Play-off games $1,760 Robertson Cup Championship $3,080 Sub total $7,840 Janesville Blue Birds and Fury Fury practice time (60) $9,900 WIAA Tournaments (2) $4,000 Sub total $13,900 Figure Skating Club Shows, clinics testing $4,125 Total $107,805 CITY MANAGER’S OFFICE MEMORANDUM August 30, 2010 TO: City Council FROM:Rebecca Smith, Management Assistant SUBJECT: Action on 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. As a follow up from the November 9, 2009 meeting, this item was placed on the August 23, 2010 meeting. During the August 23 meeting, the Council had questions regarding oversight of the templates/signs and the item regarding alcohol/tobacco advertising and asked that it be brought back to the September 13, 2010 meeting. 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 After the Council discussion on review of the advertising, we reviewed the matter at the staff level. Since the City Council currently does not review signage for other areas, I believed the best approach was to have the signage reviewed by Community Development with an appeal process that involved the City Council. 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. All of the Coalition groups understand that the original donor signs must stay present at the park. Maintenance of Original Signs At the August 23, 2010 meeting, Councilmember Rashkin suggested staff provide more information about the maintenance and future responsibility of the original donor signs at the Complex. 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 1 not last forever. In the case of the Rock Soccer fields, the original donor signs include the name of a former lessee. Coalition members have questioned who is responsible for the original signs (the City or the sports groups?) The leases do not indicate specifically who is responsible. This is a difficult predicament because with the City’s financial situation we are not inclined to become responsible for the signs, and thus, become the party to replace them in a few years (an estimated cost of $6,400 plus installation). The sports groups may be hesitant to take responsibility because they are finding it increasingly difficult to raise funds for their programs, particularly when they are seeing an increase in families requesting scholarships. Staff and the sports groups continue to discuss this issue to brainstorm a solution that works financially for the City and the groups, while also respecting the contributions of the original donors. Alcohol/Tobacco Policy Item At the August 23, 2010 meeting, the Council questioned the references to alcohol/tobacco at the Complex and was unsure the intent of this item. Staff has not allow rewritten this item. This item would alcohol or tobacco logos at the Complex. This item would allow restaurants or distributors that sell alcohol or tobacco to advertise with their name at the Complex, provided the ad does not depict alcohol, tobacco, or other products/services that are not keeping with youth values. 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 guidelines for the use of advertising at the Complex. 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 Community Development Department will review all sign templates and signs to ensure they conform to the Coalition’s policy and the City’s ordinances. ? Sports groups can appeal decisions of the Community Development Department to the City Council. ? The City must receive a copy of all advertising/naming rights/signage agreements; 2 ? 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; and ? 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 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. Club Defaulting During the November 9 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 City’s concept to examine advertising opportunities at municipally-owned facilities. 3 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 Youth Sports Coalition review and approve Council-approved policy September 15, 2010 Provided the Coalition approves policy on 9/15/10, distribute finzalized policy to Council and Coalition late September 2010 Coalition develop signage/advertising guidelines for consistencyCompleted by May/June 2011 Continue discussion of original donor sign maintenance Ongoing Conclusion Staff feels 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 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: 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: 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. 3.4. The Community Development Department will review the Coalition’s sign templates and all advertising signs to ensure the templates and signs conform to the guidelines set forth in this policy. Sports Coalition groups may appeal decisions of the Community Development Department to the City Council. 4.5. 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. 5.6. Advertising for alcohol (including Aalcohol or tobacco company logos), tobacco or other products and services which are not in keeping is strictly prohibited with youth values . Restaurants or distributors may advertise with their name at the Complex, provided the ad does not 2 Janesville Sports Coalition, Inc Policy Statement Policy No. 002 Date Approved by Coalition Board: Date Approved by City Council: Effective Date Cancellation Date Supersedes No. Subject: Commercial Advertising on the Youth Sports Complex Grounds include logos or paraphernalia depicting alcohol, tobacco, products or services which are not keeping with youth values. 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. 6.7. Sports groups are responsible for keeping advertising signs well- maintained and attractive. 7.8. No field advertising may be directly lit with supplemental lighting; however, scoreboards may be lit, provided they conform to city ordinances. 8.9. All advertising signs, panels, banners, etc. must be properly secured and mounted to prevent damage or unsightly appearance. 9.10. No commercial billboards will be permitted unless approved by the Plan Commission. 10.11. No electronic advertising signs will be permitted; however, indoor electronic “zipper” signs for concession sales are permitted. 11.12. 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. 12.13. 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. 14. 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. 3 Janesville Sports Coalition, Inc Policy Statement Policy No. 002 Date Approved by Coalition Board: Date Approved by City Council: Effective Date Cancellation Date Supersedes No. Subject: Commercial Advertising on the Youth Sports Complex Grounds 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. 4 CITY MANAGER DEPARTMENT MEMORANDUM September 8, 2010 MEMO TO: City Council MEMO FROM: Eric Levitt, City Manager SUBJECT: Discussion / Possible Action on proposed lease modifications with Wisconsin Hockey Partners LLC. Introduction The lease with the Wisconsin Hockey Partners LLC has been in effect for one year. At this time there is a request for several minor lease modifications. Proposed Lease Modifications The proposed lease modifications include: ? The Jets requested a rental rate change as outlined in their memorandum. ? The Jets requested changes in insurance requirements as outlined. ? The proposed contract modification includes a 9% gross receipts revenue from Jets income on food (non-alcohol) sales. Background Information & City Manager recommendation The first year of the agreement went smoothly overall. However, as with any agreement there were certain issues that came up. The above minor modifications should improve the agreement overall. Some of the initial objectives of this agreement were to: ? Increase entertainment options in the downtown area. ? Assist in increasing business potential in the downtown by increasing entertainment options. ? Increase or maintain stable cash flows in the ice rink. ? Create more regional visibility for Janesville. I believe each of these objectives has had some success. The most focused on objective politically has been the cash flows at the ice. The arrangement has increased cash flows by adding ice use at times during the winter when it traditionally has not been used and by bringing in some camp options during the summer. However, I hope to still have increased use at off-peak times by the Jets as we head into future years. The other three objectives have appeared to have been successful during our current economic times. Memo to: Eric Levitt, City Manager, Janesville From: Bill McCoshen, President, Janesville Jets Date: August 16, 2010 Re: Proposed Lease modifications Wisconsin Hockey Partners, LLC (d/b/a Janesville Jets) entered into a lease agreement with the City of Janesville for use of the Janesville Ice Arena for purposes of operation the Janesville Jets of the North American Hockey League (NAHL). The original lease calls for an annual review of terms and conditions to determine if both parties are in agreement on certain modifications. Here are the items the Janesville Jets would ask the Janesville City Council to modify: 1.Liquor Sales a.Item (D) on page 6 of the lease agreement outlines the terms and conditions under which the Janesville Jets may sell alcohol. The City Council made one adjustment prior to approving the liquor license shorten the time the Jets can sell beer and wine coolers before a Jets game from (1) one hour to (15) fifteen minutes prior to each home game. The Jets request that the original lease language be reinstated allowing us to sell beer no sooner than (1) one hour before each home game. b.The Council also approved an addition to our liquor license which allows the Jets to sell beer at certain times during our tryout camps in Janesville. The Jets can sell beer from 6-10pm on Friday night and from 11:00am to 6:00pm on Saturday. The Jets request to be allowed to sell beer until 9:00pm on Saturday during our tryouts camps. 2.Rental Rate a.Item (A)(4) provides the Jets will some relief from rental payments to the City of Janesville if certain attendance thresholds are not met. The current lease says “If average attendance (total games divided by total attendance) falls below six hundred (600) fans per game, the city agrees to waive the office rental fees. The Jets request that the language be changed to say; “If paid attendance falls below five hundred (500) fans per game, the city agrees to waive the office rental fees. Paid attendance includes all walk-up ticket sales, season ticket sales, Jet Pack ticket sales, group sales and sponsor season tickets. Paid attendance does not include Jets players or staff, Jets or JYH volunteers, opposing team players or coaches, give-away tickets or game night promotional tickets. b.Item (A)(5) provides the Jets the ability to cancel the current contract if paid attendance (total attendance divided by total games) falls below (500) fans per game. The Jets request that the language be changed to say; “If paid attendance falls below four hundred (400) fans per game the contract may be cancelled. Paid attendance includes all walk-up ticket sales, season ticket sales, Jet Pack ticket sales, group sales, and sponsor season tickets. Paid attendance does not include Jets players or staff. Jets or JYH volunteers, opposing team players or coaches, give-away tickets or game night promotional tickets. 3.Insurance a.Item 13 (A) of the lease agreement requires the Jets to have comprehensive public liability insurance policy for bodily injury or death in the minimum amount of Two Million Dollars ($2,000,000) for one (1) person, one (1) occurrence, and Five Million Dollars ($5,000,000) for two (2) or more persons on any one occurrence, and property damage in the amount of Two Million ($2,000,000) per occurrence. The Jets would request that comprehensive insurance coverage be modified to cover; i.One Million Dollars ($1,000,000) for one (1) person, one (1) occurrence, and ii. Three Million Dollars ($3,000,000) for two (2) or more persons on any one occurrence, and property damage in the amount of ($1,000,000) per occurrence. LIMITED AND NON-EXCLUSIVE LEASE AND USE AGREEMENT BETWEEN THE CITY OF JANESVILLE AND WISCONSIN HOCKEY PARTNERS, LLC 2009 – 2014 1 Table of Contents SUBJECT PAGE PREAMBLE 1 1.DEFINITIONS 1 2. TERM 2 3.USE OF PREMISES 3 4.WHP RIGHTS 3 5.CITY RIGHTS 5 6.RENTAL RATES 6 7.ICE CENTER IMPROVEMENTS 7 8.STAFFING AND SERVICES 7 9.PARKING 7 10.SCHEDULING 7 11.ADVERTISING 8 12.BROADCASTING RIGHTS 8 13.INSURANCE 8 14.INDEMNIFICATION 9 15.CONTINGENCY 9 16.TERMINATION AND DEFAULT 10 17.ASSIGNMENT 10 18.ENTIRE AGREEMENT 10 19.BINDING EFFECT; CHOICE OF LAW 10 20.SEVERABILITY 11 21.AUTHORITY 11 22.NOTICE 11 23.NO THIRD PARTY RIGHT 12 24.ADDITIONAL OBLIGATIONS 12 EXHIBITS 14 A.MAP OF LEASED FACILITIES 15 B.MAP OF NON-LEASED FACILITIES 16 C.MAP OF PREMISES 17 D.ICE CENTER CAPITAL IMPROVEMENTS 2 LIMITED AND NON-EXCLUSIVE LEASE AND USE AGREEMENT BETWEEN THE CITY OF JANESVILLE AND WISCONSIN HOCKEY PARTNERS, LLC This Agreement is made by and between the City of Janesville, a Wisconsin Municipal Corporation, hereinafter referred to as the “City” and Wisconsin Hockey Partners LLC, a Wisconsin Limited Liability Company, hereinafter referred to as the “WHP.” Whereas, the City conducts its principal business at 18 North Jackson Street, City of Janesville, County of Rock, State of Wisconsin; and Whereas, the City is the owner of certain real property and improvements herein known as the Janesville Indoor Ice Center, located at 821 Beloit Avenue, Janesville, Wisconsin (Ice Center); and Whereas, the WHP intends to own and operate a Junior A Hockey Team and desires to use the Janesville Ice Center as the team home rink, and lease and use portions of the Ice Center, from time to time, for exclusive team activities, and Whereas, the City and WHP desire that this Agreement shall set forth their full and complete understanding to the terms and conditions under which WHP uses the Ice Center for the purposes of playing home games, practice ice time, advertising, team operations, and conduct of other related business and ice activities as set forth in this Agreement, and occupy designated areas of the Ice Center for team operations on a year-round basis. Now, Therefore, For And In Consideration of the use of the premises, the payments, the mutual promises, and covenants herein contained, and other good and valuable consideration, the receipt, sufficiency, and adequacy of which are expressly acknowledged, the City and WHP, each intending to be legally bound, do hereby mutually agree and promise to each other as follows: 1. DEFINITIONS A. Ice Center: the term “Ice Center” shall mean the public building commonly referred to as the Janesville Ice Center, located at 821 Beloit Avenue, Janesville, Wisconsin, 53545. B.Hockey Game: the term “Hockey Game” shall mean all pre-season, regular season, and post season games which are scheduled by the League or WHP. C.Hockey Season: the term “Hockey Season” shall mean and include approximately thirty (30) regular season home games as scheduled by the League and any 3 additional all-star, pre-season, play-off, or post season games. The Hockey Season will begin in September of each year and conclude in April of the following year. The exact dates being flexible and dependent upon the League schedule and whether WHP participates in any pre-season, postseason, or play-off games. D.League: the term “League” shall mean and include the North American Hockey League (NAHL), or any successor or substitute organization of hockey teams to which WHP may hereafter belong or become affiliated. E.Leased Facilities: the term “Leased Facilities” shall mean and include the following areas of the Ice Center that are leased and provided to WHP for its exclusive use for the purpose of operating their business and conducting activities related to the operations of their team, as depicted in the attached Exhibit A to this Agreement. 1)WHP offices 2)WHP locker room, showers and restrooms 3)WHP equipment storage area F. Non-Leased Facilities: the term “Non-Leased Facilities” shall mean those areas of the premises which WHP may use and occupy for the conduct of WHP team activities during practices, games, camps, and clinics but must be shared with the City and other user groups. The following areas can hereby be used by WHP and are depicted in the attached Exhibit B to this Agreement. 1)Ice Sheet 2)Visitor Locker Rooms 3)Game Officials Room 4)Space to sell beer and team merchandise, novelties, souvenirs, programs and publications 5)Lobby and ticket area 6)Public Restrooms 7)Bleachers 8)Parking Lot 9)All other Premises areas and improvements of the Ice Center not specifically enumerated in Section 1. E., above. G.Team Merchandise and Novelties: the term “Team Merchandise and Novelties” shall mean any and all articles of clothing as well as items such as pennants, posters, buttons, pens, mugs, etc. which bear the name, logos and/or colors of the team owned by WHP and/or the name of the NAHL. H.Premises: the term “Premises” shall include the Ice Center, parking lot, and grounds as depicted in Exhibit C to this Agreement. 2. TERM 4 A.The initial term of the Agreement shall be for 62 months commencing on April 1, 2009 and concluding on May 31, 2014. B.This Agreement may be extended for an additional and renewable five (5) year terms beyond the initial term, upon the mutual agreement of the City and WHP. C.If WHP decides to extend this Agreement beyond the initial and/or subsequent renewable term, WHP shall submit in writing to the City Clerk such request at least ninety (90) days prior to the expiration of the initial term and any subsequent renewable term. The term of this Agreement shall be the initial term, together with any renewable terms as exercised by WHP. 3.USE OF THE PREMISES A.The City hereby leases and grants to WHP the exclusive areas of the “leased facilities” as enumerated in Section 1. E. and depicted in Exhibit A of this Agreement for the purpose of conducting scheduled practice ice, games, camps, and clinics on a year-round basis during the term of this Agreement and any renewals hereof. B.The City hereby agrees to allow WHP to use the “non-leased facilities” as enumerated in Section 1. F. and depicted in Exhibit B of this Agreement during the conduct of scheduled practice ice, games, camps, and clinics on a year-round basis during the term of this Agreement, such use by WHP is non-exclusive. C.The City will provide WHP with a building key to the Ice Center. 4.WHP RIGHTS A.The City grants WHP the right to be the exclusive Junior A hockey team at the Ice Center that uses the Ice Center as its home rink. The City agrees that WHP shall have first right to schedule and purchase from the City ice time for practice, games, camps, clinics, and tournaments at the Ice Center provided that the dates and times st are selected by April 1 for the months of June through September and are selected st by July 1 for the months of October through May with the exception of playoffs. The WHP will meet with other user groups at the rink to identify any conflict dates prior to finalizing schedule. B.The City grants WHP the exclusive right to sell and keep all revenue from the sales of admission tickets, team merchandise, and novelties as defined in Section 1. G. C.The City grants WHP the exclusive right to sell and keep all revenue from the sale of advertising space on designated areas inside the Ice Center as set forth in Section 11 of this Agreement. The City and WHP shall mutually agree on the location(s), size, colors, materials and content for said advertising. WHP shall also have the right to sell and retain revenue from any advertising sales on WHP printed material such as programs, yearbooks, publications and scorebooks. 5 D.The City grants WHP the privilege to sell and keep all revenue from the sales of alcoholic beverages allowed in a Class B license during scheduled hockey games (pre- season, regular season, and post season), play-offs, tournaments and tryout camps. Alcohol sales may begin one (1) hour before game time and shall conclude five minutes after the beginning of the third period of said game. Alcohol may only be dispensed, served and consumed inside the Ice Center. The sales and consumption of alcohol outside the Ice Center upon public property is prohibited at all times, and shall only occur if approved by the Alcohol Licensing and Advisory Committee and the Janesville Common Council in the manner authorized by law for special event temporary beer and wine only permits. 1)WHP shall apply to the City for an annual Class B alcohol license to sell beer at the Janesville Ice Center. Such entity shall apply for such alcohol license in a normal and customary manner required of all alcohol license applicants. WHP agrees to apply for an alcohol license within thirty (30) days of the Janesville Common Council approving this use agreement. WHP must comply with all applicant qualifications and other alcohol law requirements. 2)No alcohol license or permit issued by the City to WHP shall be transferable. 3)WHP shall, at all times, comply with all Federal, State, and local laws governing alcohol beverages and their sale and consumption. WHP’s appointment of an alcohol license agent shall be a resident of the City of Janesville. 4)Since the issuance of such alcohol beverage license is discretionary, by entering into this Agreement, the City in no manner guarantees, warrants, or represents that WHP or anyone on WHP’s behalf shall be granted or issued any alcohol beverage license or permit by the City. 5)Upon expiration or termination of this Agreement, or the expiration of the alcohol beverage license year, whichever occurs first, in the event that WHP is no longer operating at the Ice Center, WHP’s alcohol beverage license shall forthwith terminate, be relinquished, and surrendered back to the City, and cease to be of any further force or effect. 6)The City acknowledges the right of WHP to apply for two (2) outdoor special event alcohol activities that include food and alcoholic beverages each Hockey Season that would occur at the Ice Center facility or in the parking area in a designated area. If the event impacts the rink use, ice time would be paid for. WHP shall be responsible for obtaining all permits, licenses, and insurance related to such events, and to comply with all applicable laws and regulations. 7)Recognizing that the grant of any alcohol license or permit is discretionary, notwithstanding any other provision of this Agreement to the contrary, the failure or refusal of the City, the governing body, or any of its elected or appointed boards or committees to recommend or grant any fermented malt beverage or intoxicating liquor alcohol beverage license or permit to WHP or any other person on WHP’s behalf shall make this Agreement voidable. 6 8)The Janesville Youth Hockey Association (JYHA) will be responsible for general food and beverage operations (non-alcoholic beverages) during WHP games consistent with current food and non-alcoholic beverage operations. JYHA concession contract provides for exclusivity for food and non-alcoholic beverage sales. WHP will have the right to negotiate with JYHA on any joint or separate concession sales. WHP shall have the right to sell food and non-alcoholic beverage product lines not in competition with JYHA. The City will receive 9% of gross receipts earned by the WHP consistent with the JYHA contract. JYHA must provide reasonable and consistent customer service to the satisfaction of WHP and the City. If the WHP or the City receives customer complaints about inadequate concession services, the WHP, the City and the JYHA agree to meet in a timely fashion to address customer concerns. The WHP, the City and the JYHA further agree to renegotiate, if necessary, the terms and conditions of the concession contract between the City and JYHA. 9)Alcoholic beverages may not be co-located in the general concession. E.WHP has the right to install a team logo under the ice as is currently the practice with other Ice Center user groups. WHP shall provide the City with said decal logo in a size consistent with other Ice Center team/club logos and the City will install at no cost to WHP. F.WHP shall pay the City for all home ice time used by WHP at the Ice Center for any reason. G.The City agrees to list home game dates and times on the Ice Center marquis. Portable or temporary signs/banners to promote WHP events on the Ice Center grounds must be in compliance with the City sign ordinance. WHP will be responsible for the application of temporary signs and banners and pay all associated fees. 5.CITY RIGHTS A.The City has the right to undertake repairs, maintenance projects, and capital projects from time to time and at any time, at such times, places and duration that the City or City Manager decide is/are in the best interest of the City. Before making any such improvements, the City will meet with a representative from WHP to discuss the effect of such undertaking upon WHP’s use of the Ice Center, and shall consider any reasonable input and requests by WHP. WHP will make itself reasonably available for such discussions. In the event the City Manager determines that the City’s improvement undertaking might substantially affect WHP’s operation at the Ice Center or performance under this Agreement, the City and WHP shall negotiate what, if any modifications of the Agreement, premises, rent, or operations may be necessary as a result of such capital improvement(s). The exception to the above is when the City must undertake emergency repairs to the Ice Center or any 7 components of its infrastructure. If no prior agreement is reached, the City may undertake the actions without notice. B.The parties expressly understand and hereby acknowledge that WHP shall not be relieved of any of its obligations under this Agreement, nor shall the City be liable to WHP for any interruptions of any part, portion, or whole of WHP’s operation under this Agreement that may directly or indirectly arise or result from the City’s undertaking of any capital improvement(s) to the Ice Center or premises or undertaking emergency repairs. The City shall not be liable to WHP or any other person for any lost revenues, costs, or any other direct or consequential damage(s). C.The City has the right and responsibility to make emergency repairs to the Ice Center mechanical systems to preclude any unnecessary closures of this facility. The City will notify WHP as soon as reasonably possible of any potential mechanical problems which could require cancelling WHP games. If WHP home hockey games need to be cancelled due to mechanical failures, WHP will be responsible for cancelling, rescheduling or finding a different venue for their game(s). WHP will pay for all costs associated with relocating any cancelled home games to a different venue. The City will have no financial obligations to WHP for WHP costs associated with relocating home hockey games. WHP will have no financial obligations to the City for cancelled game ice time. D.The City has the unobstructed right to access the “leased facilities” of WHP at any time, without advance notice, for the purpose of conducting custodial services, 6.RENTAL RATES A.WHP hereby agrees to and shall pay to the City the following off-peak rental rates for ice time and facility use beginning in 2009. The City will invoice WHP in a customary manner on a monthly basis. 1)Four Hundred Forty Dollars ($440) for each exhibition, pre-season, regular season, play-off, or tournament hockey game at the Ice Center for up to 3 ½ hours. The WHP agrees to provide not-for-profit charities a minimum of 10 tickets per game. 2)Sixty Dollars ($60) per hour for WHP practice ice time. 3)One Hundred Dollars ($100) per hour for ice time designated for WHP camps, clinics, and try-outs events. 4)WHP agrees to pay a monthly rental fee of Three Hundred Fifty Dollars ($350) for the exclusive use of non-ice facilities, to include the office, locker room area (to include restroom and showers), and storage space. If the average paid attendance (total games played divided by total attendance) falls below six hundred (600) five hundred (500) fans per game, the City agrees to waive the office rental fees. Paid attendance incudes all walkup ticket sales, season ticket sales, Jet Pack ticket sales, group sales and sponsor season tickets. Paid 8 attendance does not include give-away tickets or game night promotional tickets or JYH volunteers. 5)If the average paid attendance (total games played divided by total attendance) falls below five hundred (500) four-hundred (400) fans per game, the contract may be cancelled. Paid attendance incudes all walkup ticket sales, season ticket sales, Jet Pack ticket sales, group sales and sponsor season tickets. Paid attendance does not include give-away tickets or game night promotional tickets or JYH volunteers. B.The City and WHP mutually agree to review the ice time rental rates and make adjustments, as necessary, on an annual basis. Any rental rate adjustments will become effective for a twelve (12) month period from September 1 to August 31. The rental rates enumerated in Section 6. A. are effective from the date this Agreement is executed until August 31, 2010. The City and WHP mutually agree that any change to the rental rates shall not increase more than the All Urban Consumer Price Index (AUCPI). C.The rental rates may also be reviewed and adjusted on an annual basis during any subsequent renewal term. 7.ICE CENTER IMPROVEMENTS A.The City shall, at its expense, perform or cause to be performed the work identified on the attached Exhibit D, “Ice Center Capital Improvements.” 8.STAFFING AND SERVICES A.The City shall furnish uniformed security staff at each hockey game. WHP agrees to pay 100% of said costs for uniformed security staff for a minimum of two (2) security personnel per event. B.The City shall provide the following services in connection with the Ice Center and WHP’s use of the premises: 1)Ice surface in good and suitable condition for the conduct of ice hockey. 2)Boards in good and suitable condition for the conduct of ice hockey. 3)Proper ice markings for lines and face-off circles. 4)Utility services, including but not limited to, electricity, heat, water, sewer and air conditioning. 5)Custodial and maintenance services for the Ice Center and premises. 6)Zamboni services for the Ice Center. 7)General maintenance to the building, grounds, and appurtenances. 8)Snow and ice removal for sidewalks around the building and parking lot. 9 9.PARKING A.All parking spaces available at the Ice Center will be dedicated for the use of WHP for any hockey game one (1) hours prior to game time and one (1) hour after a hockey game. B.WHP may designate a maximum of four (4) reserved parking stalls for WHP use during the term of this Agreement. The City and WHP shall mutually agree on the location of said WHP reserved parking stalls. 10. SCHEDULING A. WHP is the primary tenant of the Ice Center and shall have first right to schedule ice time and dates in the Ice Center. B.Ice time for each hockey game shall not exceed four (4) hours and shall be approximately from 6:00 pm to 10:00 pm. C.Practice ice time shall be made available to WHP Monday through Friday for two (2) hours per day and shall be approximately 1:30 pm to 3:30 pm. D.WHP shall submit their season schedule of practice hours and home game dates and times in writing to the City by July 1 of each year. E.WHP’s Head Coach or his designee shall be authorized to schedule or reschedule ice time for the team. F.Ice time shall be made available during the months of June, July, and August for WHP camps, clinics, and other WHP sponsored hockey events. WHP will submit in writing to the City their summer schedule of ice usage by April 1 of each year. The dates and times for these events shall be mutually agreed upon by the City and WHP. 11.ADVERTISING A.The City authorizes WHP to sell and display advertising in selected areas of the Ice Center subject to the City’s final approval of content. WHP shall retain all revenues derived from advertising sales. WHP is responsible for all costs of advertising installation, display, repair, and removal. WHP shall remove all WHP sold advertising with forty-eight (48) hours of the Agreement termination or expiration. Approved areas for advertising include: 1)Dasher boards (both sides) 2)Under-ice logos 3)Zamboni 4)Interior walls of rink 5)Restroom walls 10 6)Back-lit signs B.Additional areas for advertising may be negotiated by the City and WHP on a case by case basis. C.WHP shall assume all costs associated with the production, implementation, maintenance, and removal of all advertising signage. D.The City agrees to advertise each WHP event in and on any selected advertising medium controlled by the Ice Center, when space and funding permits, including a calendar of events, marquee, etc. 12.BROADCASTING RIGHTS A.WHP shall have the exclusive rights to broadcast, televise, and cablecast all events which may be scheduled, promoted, and held by the WHP at the Ice Center during the term of this Agreement and shall retain all revenues which may be generated thereby. B.The City shall not impose any fees on WHP for radio or television broadcasts originating from the Ice Center. 13.INSURANCE A.WHP shall secure at its own expense, and at all times maintain, and provide to the City a certificate of insurance naming the City and each and every of the City’s elected and appointed officials, officers, employees, and appointees, as an additional insured and obtaining comprehensive public liability insurance policy for bodily injury or death in the minimum amount of Two Million Dollars ($2,000,000) One Million Dollars ($1,000,000) for one (1) person, one (1) occurrence, and Five Million Dollars ($5,000,000) Three Million Dollars ($3,000,000) for two (2) or more persons on any one occurrence, and property damage in the amount of Two Million Dollars ($2,000,000) One Million Dollars ($1,000,000) per occurrence. B.WHP shall secure, at its own expense and at all times maintain, Worker’s Compensation Insurance covering the statutory liability of WHP and its employees in the operation of a Junior A Hockey Team at the Janesville Ice Center as required by the State of Wisconsin. C.WHP agrees to provide liability and health insurance coverage for all team players through the NAHL. D.WHP shall also secure at its own expense and at all times maintain an umbrella liability policy, with provisions insuring all property maintained at the Ice Center and in the care, custody, and control of WHP including, but not limited to, any and all 11 WHP, and separately, any and all City materials, uniforms, equipment, supplies, merchandise, and products. Said policy shall name the City as co-insured. E.WHP shall endorse coverage providing the City with a thirty (30) day prior notice of policy change, termination, cancellation. 14.INDEMNIFICATION A.WHP hereby agrees to and shall fully and forever indemnify, save, and hold harmless the City and each and every of the City’s elected and appointed officials, officers, employees, representatives, agents, and related others and their heirs and assigns (indemnified parties) from any and all liability, damages, payments, awards, suits, forfeitures, claims, demands, actions, causes of action, and other amounts of whatsoever kind or nature arising from and/or pertaining to WHP’s intentional or negligent use of the Ice Center or premises by anyone authorized by WHP directly or indirectly upon and/or affecting the premises. B.The City hereby agrees to and shall fully and forever indemnify, save and hold harmless WHP and each and every of WHP’s partners, employees, agents, and other affiliates (indemnified parties), from any and all liability, damages, payments, awards, suits, forfeitures, claims, demands, actions, causes of action, and other amounts of whatsoever kind or nature arising from and/or pertaining to the City’s use of the Ice Center or premises. 15.CONTINGENCY A.This Agreement is contingent upon WHP receiving approval from the League for its hockey franchise and maintaining its hockey franchise. If WHP does not receive approval from the League for its franchise or the League terminates the franchise in the future, then at any time prior to or during the term of this Agreement, WHP may terminate this Agreement and this Agreement shall no longer have any force or effect. B.This Agreement is contingent upon approval by the Janesville Common Council. 16.TERMINATION AND DEFAULT A.Either party shall be entitled to unilaterally terminate this Agreement if the other party is in default under this Agreement and fails to cure such default within thirty (30) days after written notice of default has been given to the defaulting party, provided that this remedy of termination shall be in addition to any and other remedies provided by law or under this Agreement. All rights and remedies are cumulative and not exclusive. B.WHP may terminate this Agreement at any time in the event of any damage or destruction of any portion of the Ice Center entirely that prohibits WHP’s use of the Ice Center. 12 C.If the average attendance (total games played divided by total attendance) falls below five hundred (500) fans per game, the WHP may terminate this Agreement upon giving sixty (60) days written notice to the City at the conclusion of the hockey season. D.If the bids for improvements necessary to meet the needs of the team exceed $200,000, the City may terminate this Agreement upon sixty (60) days written notice to the WHP. 17.ASSIGNMENT A.This Agreement, the rights, privileges, duties, and obligations of the parties hereunder may not be assigned, delegated, or pledged to another party without the prior written consent of the City. B.WHP may not sublet or sublease the “leased facilities”, Ice Center, or premises in whole or in part. 18.ENTIRE AGREEMENT A.This Agreement constitutes the entire Agreement between the parties hereto with respect to the subject matter herein contained. Except with regards to the future scheduling provided in Section 10, there are no agreements or understandings between the parties hereto, whether oral or written, regarding the subject matter hereof, which have not been embodied or incorporated herein by reference. 19.BINDING EFFECT; CHOICE OF LAW A.This Agreement shall bind the parties, their heirs, personal representatives, successors, and assigns. This Agreement shall be governed by, construed, and interpreted in accordance with the laws of the State of Wisconsin. B.WHP shall, at all times, comply with any and all applicable rules, regulations, laws, codes, ordinances, statutes, orders of each and every governmental authority, Federal, State, and local, lawfully exercising authority over the Ice Center, premises, or over the operations carried out thereon by WHP. C.Each provision of this Agreement shall extend to and shall, as the case might require, bind and inure to the benefit of the parties hereto. This Agreement shall not inure to the benefit of any assignee, transferee, or successor of WHP, or to any third party, except upon the express duly authorized, written, and signed consent of the City, which consent may be withheld for any reason and without cause or notice. 20.SEVERABILITY A.It is the intent of the parties hereto that each section, part, portion, provision, covenant, term, and obligation of this Agreement is severable. If any part is held 13 unlawful, unenforceable, or unconstitutional for any reason, such decision shall not affect or waive the remainder of this Agreement nor any of the remaining obligations of the parties hereto. 21.AUTHORITY A.Each person executing this Agreement on behalf of the parties represents and warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of such party, and that this Agreement is binding upon that party in accordance with its terms. 22.NOTICE A.Any and all notices required or permitted to be given hereunder shall be deemed delivered when actually received, if delivered personally, or when mailed, if deposited with the U.S. Postal Service, first class prepaid, certified or registered mail, return receipt requested, and addressed as follows: If to WHP: William J. McCoshen 22 North Carroll Street Suite 200 Madison, WI 53703 If to the Ice Center: Cullen Slapak Ice Center Manager 820 Beloit Avenue Janesville, WI 53545 If to the City: Eric Levitt City Manager P. O. Box 5005 18 No. Jackson Street Janesville, WI 53547-5005 23.NO THIRD PARTY RIGHT A.This Agreement creates no duty, obligation, or responsibility on the City and extends no rights, privileges, causes of action, or claims to or in any third persons not a party to this Agreement. 24.ADDITIONAL OBLIGATIONS A.WHP shall pay all sales, use, and other taxes, license fees, and permit fees necessary or required or arising from, by law, for the conduct of its operation in the Ice Center or upon the premises. B.WHP shall apply for, pay, and at all times maintain in good standing a current Wisconsin Retail Sales and Use Tax Number, as required, now and from time to time, by State Law and/or the Wisconsin Department of Revenue. 14 C.WHP and its officers, directors, owners, employees, agents, representatives, and team members shall, at all times, treat the general public, City staff, governmental officials, and contractors with the upmost of courtesy, respect, and consideration. D.The performance of each and every of a party’s obligations set forth in this Agreement shall be solely at such parties cost and expense, and at no cost, fee, or expense whatsoever to the other party, unless a particular section or provision of this Agreement specifically provides otherwise, in which event the other party’s cost, fee or expense, shall not exceed that provided in such specific section or provision. E.WHP shall remain in good standing with the State of Wisconsin at all times. F.In the event that WHP fails to pay any ice time fee(s) to the City within sixty (60) days of when originally due, the City may sell to others and/or use that ice time at its discretion, and no longer reserve or hold that ice time for WHP or anyone on WHP’s behalf. G.Time is of the essence in the performance of every obligation set forth in this Agreement. H.This Agreement may be modified or amended by the parties hereto at any time by mutual agreement in a writing signed by both parties. No modification, amendment, waiver or release of any provisions of this Agreement or of any right, obligation, claim, or cause of action arising hereunder shall be valid or binding for any purpose unless in writing, duly authorized and executed by both parties. I.No part, portion, provision, promise, paragraph, obligation, section, or term set forth in this Agreement shall be deemed waived by reason of one party failing to enforce such breach at any time or from time to time. Any such waiver must be in writing. Dated and executed this ___ day of ___________, 2010. City of Janesville: Wisconsin Hockey Partners, LLC: ___________________________ ___________________________ By: Eric Levitt By: William J. McCoshen City Manager Managing Partner City of Janesville WHP ___________________________ ______________________________ By: Jean A. Wulf By: Mark A. Cullen City Clerk/Treasurer Member 15 City of Janesville WHP Approved as to form: ___________________________ Waldemar Klimczyk City Attorney EXHIBIT A Map of Leased Facilities 16 EXHIBIT B Map of Non-Leased Facilities 17 EXHIBIT C Map of Premises 18 EXHIBIT D Ice Center Capital Improvements The City agrees to make capital renovation improvements to the existing footprint of the Ice Center to accommodate the WHP. The City agrees to make these improvements at the City’s cost. A summary of these improvements include: 1.Build a ___ square foot locker room to include showers and restrooms 2.Build a ___ square foot office 3.Build a ___ square foot storage area for equipment and supplies 4.Provide ___ square feet of common space to sell beer and team merchandise 5.Provide ___ square feet of common space to sell admission tickets 19 CITY MANAGER’S OFFICE MEMORANDUM September 7, 2010 TO: City Council FROM:Rebecca Smith, Management Assistant SUBJECT: Action on a proposed resolution authorizing funding for land rink impoundment system (Resolution 2010-731) Request Staff requests the Council authorize $45,000 in 2010 note issue funding for the Traxler Park land rink impoundment system. Staff Recommendation Staff recommends the Council approve Resolution 2010-731 to authorize funding in the amount of $45,000 for the Traxler Park land rink impoundment system. City Manager Recommendation The City Manager recommends approval. Suggested motion text I move to approve Resolution 2010-731 to authorize funding in the amount of $45,000 for the Traxler Park land rink impoundment system. Background The Parks Division recommended a land rink enhancement during the 2010 budget process and this item was reviewed by the Administration and added to the 2010 note issue. This project would allow the Parks Division to increase the size of the land rink and install an impoundment system to more efficiently allow for ice to form as winter temperatures become available. Currently, staff manually spray water onto the land rink. Crews are only available to perform this time-intensive work when they are not otherwise engaged in higher priority projects. Many times winter weather is taking place at the same time the temperatures become right for creating the land rink, thus service to the land rink is delayed due to winter weather or snow removal activities. Crews typically take 1.5-2 weeks (about thirty, 8 hour work shifts) to form the ice by manually spraying water onto the rink. This work is sometimes performed on overtime, but may also be performed during regular eight hour shifts (usually overnight when temperatures are colder). The benefit of the new system is that crews won’t be required to be at the land rink the entire time the water is being sprayed, thus staff time can be devoted to other projects and overtime will not be needed. Additionally, this system may also allow the City to have the land rink open longer because the ice will be thicker and can better withstand temperatures changes. This new impoundment system should increase timeliness, reduce delays, and make the operations more effective and efficient. Staff would like to begin this project now to ensure the system is in place for the 2010- 2011 outdoor ice skating season. Before the project starts, staff needs confirmation from the Council to proceed with this project. If the Council authorizes funding in the amount of $45,000 for improvements to the Traxler Park land rink, this project will be committed to the upcoming 2010 note issue. RESOLUTION NO. 2010-731 A Resolution authorizing the City Administration to expend funds to construct a land rink impoundment system at Traxler Park. WHEREAS, the City of Janesville constructs a land rink each winter at Traxler Park; and WHERAS, the City desires to construct a land rink impoundment system to better the efficiency of the land rink operations for the 2010-2011 outdoor ice skating season; and WHEREAS, the Common Council finds it reasonable to authorize funds of $45,000 for the land rink system; and WHEREAS, these costs will be incurred by the City in connection with this project prior to the issuance of the 2010 tax exempt general obligation promissory notes, and the City reasonably expects to reimburse those costs with proceeds from the notes; and WHEREAS, the Common Council of the City of Janesville find that this funding is in the best interest of the City of Janesville and benefit to the community; and NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Janesville that they hereby approve and authorize the City Administration to take actions necessary to provide funding for the land rink impoundment system; No funds from sources other than the 2010 tax exempt general obligation promissory note issue are, or are expected to be, reserved, allocated on a long-term basis, or otherwise set aside by the City for the project, except as permitted by the Internal Revenue Code of 1986. This declaration of official intent is consistent with the budgetary and financial circumstances of the City. The purpose of this Resolution is to satisfy the “official intent requirement” of the Treasury Regulation Section 1.150-2; and BE IT FURTHER RESOLVED, that the City Manager and his designee(s) on behalf of the City of Janesville, is/are hereby authorized and empowered to enter into additional agreements, record, file and/or make minor modifications and/or amendments to any and all documents, papers, forms and agreements, and to make whatever other actions as the City Manager may determine, from time to time and any time, necessary and/or desirable to effectuate the intent of this Resolution and/or project(s). ADOPTED: Motion by: Second by: Councilmember Aye Nay Pass Absent APPROVED: Brunner Eric J. Levitt, City Manager McDonald Perrotto Rashkin ATTEST: Steeber Jean Ann Wulf, City Clerk-Treasurer Truman Voskuil APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Parks Division Prepared by: Management Assistant Economic Development Department Memorandum September 13, 2010 TO: City Council FROM: Vic Grassman, Economic Development Director SUBJECT: Action on a request to commit $400,000 as a 25% local match for an EDA Business Incubator grant application. Executive Summary On January 26, 2010, the City of Janesville submitted an application to the U. S. Economic Development Administration (EDA) for construction funding to build a 24,000 s.f building at 2901 Beloit Ave, (SE corner of Beloit Ave and Venture Dr.) The City Council authorized this application to go forward in September, 2009. The construction budget for the facility is $1.6 million with $1.2 million coming as an EDA grant. The required 25% local match or $400,000 in land and cash would be coming out of TIF 22. An independent appraisal was conducted by L.A. Duesterbeck & Associates which appraised the 4.17 acres of city land donated for this project at $125,000. The balance of $275,000 would be taken from TIF 22 in cash to be used as working capital for this project. TIF 22 is projected to have a positive cash flow in 2012/2013 pending any new projects that occur in the near future and will have a projected balance of $5.0 million in 2021. Request This request is for formal commitment by the City Council to provide this local match of $400,000 match and is required by EDA for the application to move forward in their approval process. City Manager’s Recommendation The City Manager recommends approval. Economic Development Director’s Recommendation I recommend that formal commitment be given to this project using $400,000 of TIF funding ($125,000 land contribution and $275,000 working capital) as the 25% local match. This entity will be a fundamental part of Janesville’s long term economic development program. Entrepreneurship has and will continue to be a significant factor in Janesville’s economic growth. (There are currently 18 contestants in Rock County’s 5.0 “Accelerate Your Business” plan contest.) There will be some short term operating expenses that would need to be covered by TIF 22, but in the long run is expected to be economically self-sustaining. Local institutional support services for incubator clients will be the UW-Whitewater Innovation Center, Blackhawk Tech College and UW-Rock County. Combined with other economic development initiatives, this will allow Janesville to move forward on all three foundations of a city-focused economic development program. (Business Attraction, Business Retention/ Expansion and Entrepreneurship) Background In early July 2010, the City was notified that this application was formally being considered for funding. Since then we have responded to EDA’s informational needs and questions including: ? Construction budgets ? Preliminary engineering and site plans ? Preliminary business plan ? Environmental approvals from several federal agencies ? Demonstration of internal project and financial management capabilities. Projected timeline for the Rock County Business Innovation Center (tentative name) If the application is approved during the fall of 2010, RFP’s for architectural and engineering services will be let out and a professional firm selected. Construction bids will be let out during spring of 2011 with an approximate 4-5 month construction period occurring during the summer of 2010. The 24,000 s.f. facilities will have approximately 4,000 s.f. of leasable space for offices and 19,000 s.f. for manufacturing with 1,000 s. f. reserved for common areas. The building will meet parking and ADA requirements, as well as other code and permit issues. City responsibilities for this project will include: ? Project management during the construction period including issuing REP’s for architectural and engineering services, construction bidding processes and monitoring of EDA reporting requirements. ? Development and implementation of the site plan ? Marketing, tenant selection and building management of the facility unless subcontracted out. ? A twenty-year commitment is required by the City to EDA to keep this facility as an incubator. If the City chooses to sell the facility before the twenty years is up, it must pay EDA back its grant of $1.2 million. ? Preliminary operating costs are projected to be $54,120 per year. Since there will be no mortgages involved, cash flow resulting from Tenant leases would only need to cover these costs. The application indicated that a two year lease up period would be needed with TIF 22 paying these expenses until revenues broke even. Although specific rental rates have not been determined, a financial goal of this facility is to be at a breakeven point at 60% to 70% of leasing capacity. The long term goal from a financial perspective is to have a self sustaining economic entity. cc: Eric Levitt Jacob Winzenz COMMUNITY DEVELOPMENT DEPARTMENT September 3, 2010 TO: Janesville City Council FROM: Gale S. Price, AICP, Manager of Building and Dev. Services SUBJECT: Review and approval of an Economic Development Grant to Fuji Steakhouse, 2235 Milton Avenue. Executive Summary In 2002 the City Council adopted an ordinance to establish an Economic Development Grant program to permit the City Council to approve economic grants to those establishments that obtain a Reserve Class B liquor license. Based on specific criteria the City Council may approve such grants up to the one-time $10,000 Reserve Class B liquor license fee. Fuji Steakhouse represented by Ting Cheng has requested an Economic Development Grant for their Reserve Class B license which was issued in June. Committee and Staff Recommendation The Alcohol License Advisory Committee and the Community Development Department recommend that following the City Council review, a motion to approve an Economic Development Grant in the amount of $10,000 for Fuji Steakhouse be approved. Suggested Motion Motion to approve an Economic Development Grant in the amount of $10,000 for Fuji Steakhouse. Request The City Clerks Office has received a written request for a $10,000 Economic Development Grant from Ting Cheng, owner of the Fuji Steakhouse, 2235 Milton Avenue. The use was issued a Reserve Class B license earlier this year and has paid their initial $10,000 Reserve Class B license fee with their application. Background Alcohol licenses are regulated by State Statute Chapter 125 and Janesville Code of General Ordinances Chapter 5. In 1997, the State reduced the number of Class B licenses that a municipality may issue and created a new Reserve Class B alcohol license. A Class B license and a Reserve Class B license are the same except for the cost. A Class B license costs $600 per year and a Reserve Class B license costs $600 per year plus a one-time fee of $10,000 when the license is initially issued. The fees are paid to and retained by the City. Since the enactment of this Reserve Class B license fee, several cities in Wisconsin have created an economic development grant program which in effect refunds all or part 1 of the initial $10,000 fee. In 2002, the City Council adopted an ordinance to establish such an Economic Development Grant Program to allow the City Council to issue a one-time non-repayable grant to businesses who receive a Reserve Class B License. According to the ordinance, after submission by the applicant of a written application to the City Clerk for a grant, the City Council may provide an Economic Development Grant to the licensee in an amount not to exceed $10,000 following a review and recommendation from the Alcohol Licensing Advisory Committee (ALAC). The ordinance further provides that the City Council may consider the following criteria when determining whether to grant all or part of the $10,000 grant to a particular applicant: 1. That the extent to which the license and/or the grant will promote a redevelopment or rehabilitation project in the downtown or other commercial areas including the amount of investment, the extent of rehabilitation, historic preservation and public improvement effectuated, and related revitalization, health, welfare, peace and public good order factors. 2. That the applicant demonstrates that their investment and the establishment issued the Class B reserve intoxicating liquor alcohol beverage license is equal to or greater than the dollar amount of the grant request. 3. That the Class B reserve establishment is located at least 300 feet from any residential-zoned area. Analysis The Community Development Department has evaluated this request based on the above criteria and believes that the entire $10,000 initial license fee could be refunded as a grant. Staff’s findings are based on the following: 1. While the property is not located within the downtown area, it is located in the middle of the Milton Avenue commercial corridor. This project is considered to be an in-fill development as it is re-using a former video store to convert it for the use. The building had been vacant for an extended period of time. 2. The owner was required to make extensive modifications to the building to meet current building and plumbing codes including sprinklering the entire building, installation of a grease interceptor, kitchen construction and HVAC modifications to accommodate all of the grills within the building. The investment to modify the existing facility is anticipated to increase the property value of the property in that the owners will have invested $200,000 for the building. This amount of investment substantially exceeds the $10,000 initial license fee. 3. The establishment is located greater than 300 feet from a residentially-zoned area and is consistent with the standard. cc: Eric Levitt Jacob J. Winzenz 2 3 JAMP ANESVILLE REA ETROPOLITAN LANNING OM RGANIZATION EMORANDUM S7,2010 EPTEMBER To: Council President Voskuil & City Council From: Terry Nolan, MPO Coordinator Re: scheduling MPO Policy Board meeting for October 25, 2010 __________________________________________________________________ Staff would like to request that the next MPO Policy Board meeting be scheduled th on Monday, October 25 at 6:15pm. Preliminary agenda items include the appointment of a new chair and vice chair, review and approval of amendments to the 2010-2015 Transportation Improvement Program (TIP), review and approval of the 2011 Work Program, and review and approval of the 2011-2016 TIP. Xc: Eric J. Levitt, City Manager Jay Winzenz, Assistant City Manager CC: Duane Cherek MUNICIPAL BUILDING • 18 N. JACKSON ST., • P.O. BOX 5005 • JANESVILLE, WI • 53547-5005 • (608) 755-3095 • FAX (608) 757-3189 CITY MANAGER’S MEMORANDUM September 8, 2010 TO: Council President Voskuil & City Council FROM: Eric J. Levitt, City Manager SUBJECT: Schedule study session meetings to review 2011 proposed City and Library Budget. The City Manager requests that the City Council schedule the Study Sessions for the 2011 Budget discussion. The proposed budget study session dates are: th ? October 13 6;00 p.m. ? October 21st 6:00 p.m th ? October 27 6:00 p.m. rd ? November 3 6:00 p.m. th ? Public Hearing November 8 nd ? Adoption November 22 Thank you for your consideration. 1 ENGINEERING DIVISION MEMORANDUM 3 September 2010 TO: City Council FROM: Mike Payne, Engineering Manager RECOMMENDATIONS OF THE TRANSPORTATION COMMITTEE SUBJECT: INTRODUCTION AND SCHEDULE A PUBLIC HEARING ON A PROPOSED ORDINANCE REQUIRING: ? NORTH OSBORNE AVENUE TO YIELD TO BOND PLACE ? NORTH MARION AVENUE TO YIELD TO BOND PLACE ? NORTH WILLARD AVENUE TO YIELD TO BOND PLACE ? DIVISION STREET TO YIELD TO EAST VAN BUREN STREET (FILE ORDINANCE NO. 2010-724) At its regular meeting of August 10, 2010, the Transportation Committee recommended yield signs at the following four locations: 1.) North Osborne Avenue traffic to yield to Bond Place (4-1 vote). 2.) North Marion Avenue traffic to yield to Bond Place (4-1 vote). 3.) North Willard Avenue traffic to yield to Bond Place (4-1 vote). 4.) Division Street traffic to yield to East Van Buren Street (5-0 vote). The staff reports and draft meeting minutes related to these issues are attached. Signing changes for these four items are estimated to cost approximately $625. Funding is included in the 2010 Traffic Signing budget. These changes require the introduction of attached Ordinance No. 2010-724, at the September 13, 2010 Council Meeting. The public hearing and Council action on the Ordinance should then be scheduled for the September 27, 2010 Council Meeting. KAC Attachments cc: Eric Levitt, City Manager Jacob Winzenz, Director of Administrative Services/Assistant City Manager Carl Weber, Director of Public Works/City Engineer \\petey\COJHome\Agenda Review\Approved Agenda Items\2010\9-13-2010\Recommendations of the Trans Comm - Memo.doc CITY OF JANESVILLE ORDINANCE NO. 2010-724 An Ordinance amending the list of streets required to Yield to other designated streets with a penalty for violations thereof as provided in JGO Section 10.04.020. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION 1. Section 10.18.030 of the Code of General Ordinances of the City of Janesville is hereby amended by adding the following: SSS. North Osborne Avenue Yields to Bond Place TTT. North Marion Avenue Yields to Bond Place UUU. North Willard Avenue Yields to Bond Place VVV. Division Street Yields to East Van Buren Street ADOPTED: MOTION BY: APPROVED: SECOND BY: COUNCILMEMBER AYE NAY PASS ABSENT Eric J. Levitt, City Manager BRUNNER ATTEST: McDONALD Jean Ann Wulf, City Clerk-Treasurer PERROTTO APPROVED AS TO FORM: RASHKIN STEEBER City Attorney Wald Klimczyk TRUMAN Proposed by: Engineering Division VOSKUIL Prepared by: Engineering Division \\petey\COJHome\Agenda Review\Approved Agenda Items\2010\9-13-2010\Recommendations of the Trans Comm - Ord 2010-724.doc Community Development Department Memorandum Date: September 13, 2010 TO: Janesville City Council FROM: Gale Price, AICP, Building & Development Services Manager SUBJECT: Introduce, refer to Plan Commission and schedule a public hearing on a proposed ordinance rezoning property located at 2723 West Memorial Drive from B2 to R3M. (File Ordinance No. 2010-461) _____________________________________________________________________ Roger & Deb Pulver have requested the rezoning of property located at 2723 West Memorial Drive from B2, Community Shopping District, to R3M, Medium-Density Residence District. The applicants are requesting the rezoning to establish zoning that would allow a condominium development on this parcel and in connection to the adjoining parcel to the west which the applicants also own. The applicants were previously approved for a duplex condominium development on the adjoining property, but the project did not move forward due to changes in the market conditions. It is the intent of the applicants to come forward with a new development plan once market conditions improve. In the interim the property will remain vacant. The Community Development Department recommends that following the first reading of Ordinance No. 2010-461, it be referred to the Plan Commission for review and recommendation and scheduled for public hearing on October 25, 2010. cc: Brad Cantrell Eric Levitt Jay Winzenz ORDINANCE NO. 2010-461 An ordinance changing the zoning classification of 2723 West Memorial Drive from B2, Community Shopping District, to R3M, Medium-Density Residence District, with a penalty and injunctive relief for a violation thereof as set forth in Section 18.28.010 of the Code of General Ordinances of the City of Janesville. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. The zoning classification of the following described property is hereby changed from B2, Community Shopping District, to R3M, Medium-Density Residence District: th Part of the NE.1/4 of Section 27, T.3N., R.12E. of the 4 P.M., City of Janesville, Rock County, Wisconsin, described as follows: Commencing at the intersection of the centerline of Memorial Drive with the east line of said Section 27 said point o being due north 727.30' from the east ¼ corner; thence N5330'W along the o centerline of the highway 881.90' to the point of beginning; thence S634'00"W oo 255.31'; thence N8936'00"W 132.37'; thence N0024'00"E 370.36' to the o centerline of the highway; thence S5330'E 197.77' to the point of beginning. SECTION II. This ordinance shall take effect immediately upon adoption by the Common Council, the public health, welfare, peace, tranquility, good order, public benefit, and police power so requiring. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner McDonald Eric J. 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