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Full Agenda Packet CITY OF JANESVILLE CITY COUNCIL MEETING AGENDA MONDAY, March 14, 2011 7:00 P.M. 1. Call to Order and Pledge of Allegiance. 2. Roll Call. 3. Minutes of City Council meetings: “C” A.Regular meeting of February 28, 2011 B.Closed session minutes of: August 10, 2009; August 24, 2009; September 14, 2009; September 28, 2009; October 26, 2009; November 9, 2009; February 8, 2010; May 24, 2010; June 14, 2010; June 28, 2010; August 9, 2010; October 25, 2010 4. Licenses; and Recommendations of the Alcohol License Advisory Committee. (Refer to separate agenda.) “C” OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. 2. Public hearing and action on a final resolution for public works contract 2011-1 (street resurfacing including curb and gutter, water, sewer, and paving). (File Res. No. 2011-780) ----------------------- “C” – This designation indicates an item that the City Council will take up under a Consent Agenda. City Council Agenda – March 14, 2011 Page 2 NEW BUSINESS 1. Award of Bid Schedule “A” – 2011: contract 2011-1 (street resurfacing); contract 2011-2 (curb & gutter and sidewalk replacement); contract 2011-3 (manhole rehabilitation/reconstruction); contract 2011-4 (new sidewalk); contract 2011-5 (South Pearl Street reconstruction); contract 2011-6 (Black Bridge watermain); contract 2011-7 (Palmer Drive & CAMDEN parking lot reconstruction). 2. Action on a proposed resolution authorizing the City Manager to execute a lease with the American Legion Baseball of Janesville, WI for the operation of a portion of Riverside Park. (File Res. No. 2011-779) 3. Discuss and provide direction to staff on sidewalk snow removal policies on private property. 4. Introduce and schedule a public hearing on a proposed ordinance amending JGO Chapter 10.71 regulating the use of Neighborhood Electric Vehicles so as to regulate the use of Low Speed Vehicles in the City of Janesville. (File Ord. No. 2011-477) 5. Introduce and schedule a public hearing on a proposed ordinance creating JGO Section 9.39.025 and amending JGO Section 9.39.030 prohibiting the unlawful use of computerized communication systems in the City of Janesville. (File Ord. No. 2011-479) 6. Requests and comments from the public on matters which can be affected by Council action. 7. Matters not on the Agenda. 8. Consideration of a motion to convene into closed session, pursuant to Wisconsin Statute Section 19.85(1)(e) for the purpose of deliberating and setting the potential negotiating terms, conditions, and provisions of collective bargaining agreements and related bargaining strategies and matters; and setting the negotiation and bargaining strategies, terms, and conditions for a potential TIF #32 development agreement since competitive and/or bargaining reasons required a closed session. The use of audible cell phone ringers and active use and response to cellular phone technology by the governing body, staff and members of the public is discouraged in the Council Chambers while the Council is in session. PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING FEBRUARY 28, 2011 VOL. 62 NO. 32 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on February 28, 2011. The meeting was called to order by Council President Voskuil at 7:00 PM. Present: Council President Voskuil, Councilmembers Brunner, McDonald, Perrotto, Rashkin and Steeber. Absent: Councilmember Truman. CONSENT AGENDA Regular City Council meeting minutes of February 14, 2011. Special City Council meeting minutes of February 16, 2011. Licenses; and Recommendations of the Alcohol License Advisory Committee. Financial statement for the month of December, 2010. Action on a financial gain request from the Boys & Girls Club to conduct a run/walk fundraiser event titled, “Shamrock N Run For Kids”, on March 19,2011. Action on a financial gain request from Janesville Craig High School to host a run/walk to benefit Parkinson’s disease research on April 9, 2011. Action on a financial gain request from River to Ridge Half Marathon to conduct a 5k, 10k and half marathon on September 24, 2011. Council President Voskuil removed the minutes from February 14, 2011 and February 16, 2011 from the Consent agenda. She stated that all other items on the consent agenda would be approved if there were no objections. There were none. Councilmember Perrotto moved to add the following comments to the February 14, 2011 Council minutes under Matters Not on the Agenda: After Councilmember Steeber read his proposed letter to the Governor objecting to his budget bill, Councilmember Perrotto said he felt insulted and appalled by the request to send the letter. He stated the letter is highly prejudicial, self-serving, and politically biased. The Council should avoid making statements or taking actions that would even hint to partisanship. Letters to the Governor should be sent individually not as a Council. The Council should always represent itself ad a non-partisan body. The motion was seconded by Councilmember McDonald and passed unanimously. Councilmember Brunner moved to approve the minutes from the 2/16/11 minutes as written, seconded by Councilmember Steeber and passed unanimously. Donation from Janesville Conservation Club, Inc. Bill Boyd, representing The Janesville Conservation Club, presented Council with a $500 donation for any Leisure Services’ conservation effort the Council deems appropriate. OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. No one spoke. 2. A proposed ordinance amending the City of Janesville Subdivision Ordinance to change time limit requirements for plats received its second reading and public hearing. No one spoke. The public hearing was closed. Councilmember Steeber moved to adopt said ordinance, seconded by Councilmember Rashkin and passed unanimously. (File Ord. No. 2011-474) 3. A proposed ordinance amending the City’s solid waste ordinance to increase sanitary landfill fees received its second reading and public hearing. No one spoke. The public hearing was closed. Councilmember Steeber moved to adopt said ordinance, seconded by Councilmember Rashkin and passed unanimously. (File Ord. No. 2011-475) Council President moved New Business item #3 next. 3. Action on a proposed resolution authorizing the City Manager to enter into a waste disposal contract with Town & Country Sanitation through December 31, 2013. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Rashkin and passed by the following vote: Aye: Councilmembers Brunner, Perrotto, Rashkin, Steeber and Voskuil. Nay: Councilmember McDonald. (File Res. No. 2011-778) 4. A proposed ordinance amending JGO Chapter 5.52 and Section 5.04.010 N. regulating junk dealers, second hand jewelry dealers, and pawnbrokers in the City of Janesville received its second reading and public hearing. No one spoke. The public hearing was closed. Councilmember Brunner moved to adopt said ordinance with an amendment exempting consignment shops from the electronic reporting requirement, seconded by Councilmember Steeber and passed unanimously. (File Ord. No. 2011-476) NEW BUSINESS 1. Action on a proposed resolution authorizing the City Manager to execute a concessionaire contract with the Friends of Traxler Park. Councilmember Rashkin moved to adopt said resolution, seconded by Councilmember Brunner and passed unanimously. (File Res. No. 2011- 769) 2. Action on proposed preliminary resolution for Public Works Contract 2011-1 (street resurfacing including curb and gutter, water, sewer, and paving) and schedule a public hearing for the final resolution. Councilmember Steeber moved to adopt the preliminary resolution and schedule a public hearing for March 14, 2011, seconded by Councilmember Rashkin and passed unanimously. (File Res. No. 2011-776) 4. Action on a proposed resolution supporting the elimination of the February primary and the April general election in favor of consolidating elections in the Fall. Councilmember McDonald moved to adopt said resolution with the last paragraph stricken, seconded by Councilmember Steeber and passed by the following vote: Aye: Councilmembers Brunner, Perrotto, McDonald, Steeber and Voskuil. Nay: Rashkin. (File Res. No. 2011-771) 5. Discuss and direct staff on proposed revisions to various Council Policies regarding public improvements and special assessments (Council Policies #63, #70 and #78); and a new Council Policy on payments of special assessments (Council Policy #87). By consensus, the Council requested staff to work with local businesses on the proposed changes to the policies and ordinance. Council President Voskuil scheduled action on the proposed amendments to the policies on April 11, 2011. 6. A proposed ordinance eliminating the waiver of special assessment procedures as a means for satisfying new developer/subdivider storm sewer, sidewalk, and street lighting payment obligations received its first reading and was scheduled for a public hearing on April 11, 2011. (File Ord. 2011-478) 7. Requests and comments from the public on matters which can be affected by Council action. Rich Erdman, 1041 N. Marion Ave., stated that the public was unaware that the ordinance amending the regulation of pawn and second hand dealers was scheduled for action at this meeting (Old Business #4). Tim Weber, 1615 Newport Ave., thanked the Council for waiting on approving policy changes (New Business #5) until April. 8. Matters not on the Agenda. Councilmember Brunner stated that the Pawn Shop Ordinance was modeled after numerous other City Ordinances in the State and that the Council was correct in taking action. Councilmember Perrotto spoke about Project 16:49 which helps homeless children in Janesville and asked citizens to help however possible. He also stated that he did not attend the February 16, 2011 Council Meeting because he was opposed to the meeting and its purpose and the fact that there was no public input. 9. Councilmember Steeber moved to convene into closed session, pursuant to Wisconsin Statute Section 19.85(1)(e), for the purpose of deliberating and setting the negotiating and bargaining strategies, terms, and conditions for a potential offer to purchase certain land for a potential industrial/commercial TIF 22 project since competitive and/or bargaining reasons require a closed session; and (c), for the purpose of considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility. The motion was seconded by Councilmember McDonald and passed unanimously. There being no further business, Council convened into closed session at 8:50 p.m. These minutes are not official until approved by the City Council. David T. Godek Deputy Clerk-Treasurer JANESVILLE CITY COUNCIL LICENSE AGENDA 3/14/2011 RECOMMENDED A. ELECTRICIAN–ORIGINAL Steven R. Binder 550 Western Ave., Random Lake, WI Michael T. Chevalier 2649 Hwy 175, Richfield, WI Brock B.M. Gassen 932 E. Prairieview Dr, Edgerton, WI B. SECONDHAND ARTICLE DEALER–ORIGINAL LaMont Y. Williams d/b/a Main St. Merchantile 770 S. Main St. CLASS B INTOXICATING LIQUOR AND FERMENTED MALT BEVERAGE C. –ORIGINAL Sidak Food Inc., d/b/a Taj Mahal Regina M. Chaney 2624 Humes Rd. Tom’s Riders In, LLC, d/b/a Riders In Sara M. Cass 721 Center Ave. DEPARTMENT OF PUBLIC WORKS MEMORANDUM 14 MARCH 20011 TO: City Council FROM: Mike Payne, Engineering Manager SUBJECT: PUBLIC HEARING AND ACTION ON A PROPOSED FINAL RESOLUTION FOR PUBLIC WORKS BID SCHEDULE “A” – 2011 (FILE RES. NO. 2011-780) ON MARCH 14, 2011 Exective Summary: u The City Council will consider attached Final Resolution No. 2011-780 for an assessable project on Bid Schedule “A”-2011 at the March 14, 2011 meeting. The Resolution includes the construction of an urban street cross section on Austin Road (south of W. Court Street) as part of the street rehabilitation program for 2011. In addition, there are three other categories included for assessment purposes only. By adopting this Final Resolution, the City is declaring its intent to assess the abutting properties benefited by these improvements. Category I is curb & gutter and paving. Category II is water main only. Category III is water and sewer. Category IV is paving. The Council is also being asked to consider non-use deferment requests from Enterprise Drive, LLC and Arthur Donaldson for separate undeveloped properties along STH 11 abutting recently installed water main. City Manager’s Recommendation: The City Manager recommends approval. Engineering Division Recommendation: Following the public hearing, the Engineering Division recommends Final Resolution No. 2011-780 be adopted and the Council approve a water main 5 year non-use deferment for two separate properties owned by Enterprise Drive, LLC and Arthur Donaldson. Suggested Motion: I move to adopt Final Resolution No. 2011-780 and approve a 5 year non-use deferment for water main affecting parcel 0233400092 owned by Enterprise Drive, LLC and parcel 0304100002 owned by Arthur Donaldson. Background There are three (category I) properties affected by this resolution as a result of proposed improvements on Bid Schedule “A” – 2011 and four properties (categories II, III, & IV) affected by this resolution for assessment purposes only. Council action on categories II, III, & IV does not include authorizing new public improvements but rather allows the Clerk-Treasurer to assess properties benefitting from existing public improvements. The assessments have been applied in accordance with Council Policy #63 – Special Assessments. A description of the locations is outlined below: Austin Road The 2011 street rehabilitation contract includes converting a short section of Austin Road, immediately south of W. Court Street to an urban street cross section affecting three (3) property owners who have never been assessed for curb & gutter or paving. The timing of this project has been coordinated with the development of the east side of the road with a funeral home currently being constructed. 3708 Enterprise Drive The Council approved a final assessment resolution on December 13, 2010 assessing property owners on both sides of STH 11 between S. Wright Road and Wuthering Hills Drive for a new 12” water main which eliminated two dead-end water mains resulting in better water service reliability to system users as well as increased fire protection in the surrounding area. In reviewing the water distribution system master plan, Utility and Engineering staff decided there was no need for double mains along STH 11, which resulted in a 50% savings to abutting property owners. The owner of 3708 Enterprise Drive purchased the property in 2010 and due to an error in property owner information, did not receive the 10 day notice prior to the previous public hearing. This property has been included on the resolution to allow the property owner proper notice and the opportunity to address the Council during a public hearing. 3123 S. HWY 51 The Kwik Trip store recently annexed to the City and is proposing to connect to City sewer and water as part of a site redevelopment. 2609 Center Avenue The Jay’s Big Rolls property recently annexed to the City for the purposes of connecting to existing City water and sewer as part of a building expansion project. 4407 N. Kennedy Road This property is the outside the City, but is benefitting by direct access by a City street. Including the subject property on this resolution will allow the City to assess for the existing street surface (paving) if annexation occurs in the future. Requested non-use deferment for water main Following the Council approval to install water main and assess abutting property owners along STH 11 in December 2010, property owners representing two undeveloped parcels requested non-use deferments. The request letters are attached. Council Policy No. 63, Section IV allows a 5 year or 10 year non-use deferment for special assessments levied against undeveloped properties used for agricultural purposes. The annual interest costs will be paid by TIF 32 since TIF also paid for the initial construction costs. Granting of non-use deferments is at Council discretion. These parcels are readily developable, but the owners do not have development plans at this time. Details for these parcels are shown below: Parcel Owner Assessment Frontage 0233400092 Enterprise Drive, LLC $23,361 801 Ft 0304100002 Arthur Donaldson $57,057 1,463 Ft Attachments cc: Eric Levitt Jay Winzenz Carl Weber PUBLIC WORKS BID SCHEDULE “A”-2011 14 MARCH 2011 RESOLUTION NO. 2011-780 PAGE (1) OF (4) FINAL RESOLUTION FINAL RESOLUTION DECLARING INTENT TO EXERCISE SPECIAL ASSESSMENT POWERS UNDER SECTION 66.0703, WISCONSIN STATUTES AND REQUIRING INSTALLATION OF WATER, SEWER, AND GAS SERVICE PIPES AND PROVIDING FOR ASSESSMENT OF COSTS UNDER SECTION 66.0911, WISCONSIN STATUTES; RESOLVED, By the Common Council of the City of Janesville, Wisconsin. 1. The Common Council hereby declares its intention to exercise its power pursuant to S.66.0703 and S.66.0911, Laws of the State of Wisconsin, to levy special assessments on a reasonable basis upon property abutting the following described streets, pursuant to its police powers, by improvement of the said streets to further facilitate traffic flow and safety, and to assist in providing for the safety, health, and general welfare of the public, to-wit: I. CURB & GUTTER AND PAVING All Property Fronting Upon Each Side Of From To Austin Road W. Court Street 385’ South of W. Court Street II. WATER MAIN ONLY (FOR ASSESSMENT PURPOSES ONLY) All Property Fronting Upon Each Side Of From To STH 11 (N. Side Only) 370’ East of S. Wright Road 975’ East of S. Wright Road STH 11 (S. Side Only) USH 51 325’ East of USH 51 III. WATER AND SEWER (FOR ASSESSMENT PURPOSES ONLY) All Property Fronting Upon Each Side Of From To USH 51 (E. Side Only) STH 11 475’ South of STH 11 Center Avenue (USH 51) 1455’ S. of Burbank Street 1605’ S. of Burbank Street (E. Side Only) PUBLIC WORKS BID SCHEDULE “A”-2011 14 MARCH 2011 FINAL RESOLUTION NO. 2011-780 PAGE (2) OF (4) IV. PAVING (FOR ASSESSMENT PURPOSES ONLY) All Property Fronting Upon Each Side Of From To Old Kennedy Road Kennedy Road 629’ North of Kennedy Road (W. Side Only) 2. Said public improvements shall include the above listed improvements on the various listed streets to the grades established therefore by the City Council of the City of Janesville, Wisconsin, and recorded in the Office of the City Clerk whether previously established or established in the future. 3. The property against which the assessments are proposed shall be benefited by the improvements and said assessments shall be made upon a reasonable basis. 4. That the actual levy of the special assessment shall take place at the time of the adoption of the final public works resolution by the Common Council of the City of Janesville concerning these improvements. The property owner(s), if any property abutting and/or benefitting from this project is located in Rock Township, against whose property such special assessment shall be levied under and by this Resolution, shall have their payment obligation deferred, without interest accruing thereon, until such time as their specific property is annexed or connects to such improvement(s), in which event the special assessment shall be due and payable either in full or in five (5) annual installment payments, the latter with interest accruing thereon from the date of annexation or connection. This method of payment shall be approved and ratified by the Board of the Town of Rock in accord with Section 66.0707 of the Wisconsin Statutes, and such other applicable provisions of law and intergovernmental agreement(s), and shall act, once so ratified by the Rock Town Board, as a levied special assessment against such abutting and/or benefiting properties in the Town of Rock. This levy and special assessment payment provisions are in accord with the City of Janesville/Town of Rock Cooperative Boundary Plan, City of Janesville Common Council Special Assessment Policy No. 63, related pertinent provisions, and the Town of Rock/Janesville Highway 11 Bypass Agreement. The special assessment levy and payments shall be made by the abutting, benefiting and affected property owners in accord with the LaPrairie and Rock Township City of Janesville Highway 11 Bypass Agreement, as well as the Rock/Janesville Cooperative Boundary Plan. This provision applies only to the properties located in the Town of Rock. 5. Excluding the assessment for the installation of sewer and water service pipes (lateral) and the assessment against any parcel owned by an individual property owner may be: (a) paid in cash upon completion of the work; or (b) paid with the taxes the first year following completion of the work; or (c) at the election of the property owner, spread over a period of five (5) years with interest at six percent (6%) per annum on the unpaid balance. The first installment on the five-year plan shall include one-fifth of the principal with the interest for November and December on the unpaid portion and shall be so entered in the Tax Roll. Each of the subsequent installments shall be entered in each of the annual tax PUBLIC WORKS BID SCHEDULE “A”-2011 14 MARCH 2011 FINAL RESOLUTION NO. 2011-780 PAGE (3) OF (4) rolls thereafter until all are collected. Deferred payment on the aforementioned installments shall bear interest at six (6%) per annum. The assessments against any parcel for sewer and water service pipes shall constitute a lien against such parcel and must be paid in cash or with the taxes in the year following the completion of the work. The assessments, as outlined above, pertain only to said individual property owners. The assessments against all parcels of land owned by others, which include subdividers, land developers, speculative builders, or owners of several or more lots on the same street or in the same area will be billed upon completion of the work after which interest at six percent (6%) per annum will be charged from the last day of the month of the billing. The assessments for said other owners may be: (a) paid in cash upon completion of the work in the month of billing without interest; or (b) paid with the taxes the first year following the completion of the work, the amount to be entered in the Tax Roll shall include the unpaid principal with interest through the end of December in the year so entered; or, (c) at the election of the property owner and with the approval of the Committee of Public Works, spread over a period of five (5) years with interest at six percent (6%) per annum on the unpaid balance. The first installment on the five-year plan shall include one-fifth of the principal with interest through the end of December in the year so entered. Each of the subsequent installments shall be entered on each of the annual tax rolls thereafter until all are collected. Deferred payment on the aforementioned installments shall bear interest at six percent (6%) per annum. 6. The City Engineer is directed to prepare a report consisting of: a. Final plans and specifications for said improvements, b. An estimate of the entire cost of the proposed improvements, c. A schedule of the proposed assessments, and d. A statement showing that the property against which the assessments are proposed is benefited, the improvement constituting an exercise of police powers. Upon completing such report, the City Engineer is directed to file a copy thereof in the City Clerk's Office for public inspection. The City Engineer is also directed to advertise for bids to carry out such work of such improvements in accordance with the report. 7. Upon receiving the report of the City Engineer, the Clerk is directed to give notice of a Public hearing on such report as specified in S.66.0703(7)(a), Wisconsin Statutes. The hearing shall be held at the Council Chambers in the Municipal Building at a time set by the Clerk, in accordance with S.66.0703(7)(a), Wisconsin Statutes. PUBLIC WORKS BID SCHEDULE “A”-2011 14 MARCH 2011 FINAL RESOLUTION NO. 2011-780 PAGE (4) OF (4) 8. The City has determined to undertake the capital improvements described in paragraph 1 above (the "Projects"). The City anticipates that moneys, other than the proceeds of any outstanding debt of the City, will be expended by the City with respect to such capital improvements. The City reasonably expects to be reimbursed for such expenditures with proceeds of its debt. The maximum principal amount of debt expected to be issued for the reimbursement of such expenditures is $5,000,000. No funds from sources other than the debt referred to above are, or are expected to be, reserved, allocated on a long-term basis, or otherwise set aside by the City or any entity controlled by the City pursuant to its budget or financial policies with respect to the Projects. This is consistent with the budgetary and financial circumstances of the City. Copies of this resolution shall be made available for public inspection in the manner required by law. This Resolution is a declaration of official intent under Treasury Regulation Section 1.150-2. ADOPTED: MOTION BY: SECOND BY: APPROVED: COUNCILMEMBER AYE NAY PASS ABSENT BRUNNER Eric J. Levitt, City Manager McDONALD ATTEST: PERROTTO RASHKIN Jean Ann Wulf, City Clerk-Treasurer STEEBER TRUMAN APPROVED AS TO FORM: VOSKUIL Wald Klimczyk, City Attorney Proposed by: Engineering Division Prepared by: Engineering Division DEPARTMENT OF PUBLIC WORKS MEMORANDUM 14 March 2011 TO: City Council FROM: Mike Payne, Engineering Manager SUBJECT: AWARD OF BID SCHEDULE “A” – 2011 CONTRACT 2011-1, STREET RESURFACING CONTRACT 2011-2, CURB & GUTTER AND SIDEWALK REPLACEMENT CONTRACT 2011-3, MANHOLE REHABILITATION/RECONSTRUCTION CONTRACT 2011-4, NEW SIDEWALK CONTRACT 2011-5, SOUTH PEARL STREET RECONSTRUCTION CONTRACT 2011-6, BLACK BRIDGE WATERMAIN CONTRACT 2011-7, PALMER DRIVE & CAMDEN PARKING LOT RECONSTRUCTION Summary Bids for Public Works Bid Schedule “A” – 2011, Contracts 2011-1, -2, -3, -4, -5, 6, and -7, were opened on Wednesday, February 23, 2011. Each of the low bids was found to be responsive and acceptable. Recommendation Following review by the Council, the Engineering Division recommends award of Contracts 2011-1, -2, -3, -4, -5, -6 and -7 to the low bidders and that the City Council express their intent to include in the 2011 Note Issue $871,000 for street rehabilitation, $690,000 for curb and gutter replacement, $79,000 for manhole rehabilitation/reconstruction, $522,000 for sidewalks, $1,125,000 for water main installation, and $150,000 for parking lot reconstruction. City Manager Recommendation I recommend approval. While I have a concern about the fact that these projects will be committing toward the 2011 Note Issue, I believe they are basic capital projects that protect our infrastructure and therefore recommend approval. Suggested Motion I move to Award contracts 2011-1, 2011-2, 2011-3, 2011-4, 2011-5, 2011-6 and 2011-7 to the low bidders and express the intent to include in the 2011 Note Issue $871,000 for street rehabilitation, $690,000 for curb and gutter replacement, $79,000 for manhole rehabilitation/reconstruction, $522,000 for sidewalks, $1,125,000 for water main installation, and $150,000 for parking lot reconstruction. AWARD OF PUBLIC WORKS BID SCHEDULE “A” – 2011 14 MARCH 2011 – PAGE 2. Background Contract 2011-1, Street Resurfacing The work to be accomplished by this project includes approximately 5.2 miles of street rehabilitation and 3.6 miles of final surface on streets constructed in 2007 and 2008. The weighted average asphalt unit price decrease from last year was 7.5%. We received two (2) bids for this project, with Rock Road Companies, Inc. providing the low bid. The Engineering Division is recommending award of this contract to Rock Road Companies, Inc. of Janesville, Wisconsin, in the amount of $1,175,714.15. The bids received are shown below: 2011-1 STREET RESURFACING Rock Road Companies, Inc. Total Bid: $1,175,714.15 P.O. Box 1779 Janesville, WI 53547 Frank Bros., Inc. Total Bid: $1,477,723.44 2501 Morse Street Janesville, WI 53545 Funding for Contract 2011-1 will come from various sources: the $255,500 for final street surface will be paid from special assessments charged to properties at the time of initial street construction. Street resurfacing will be funded through a combination of operating budgets ($362,200) and the 2011 Note Issue ($560,000). The 2011 Major Capital Projects budget anticipated $975,000 would be included in the 2011 Note Issue for street maintenance which is being completed under Contracts 2011-1, 2, 5 and 7. Contract 2011-2, Curb & Gutter and Sidewalk Replacement This project provides for the replacement of sections of curb and gutter for streets that are to be resurfaced in 2011 under Contract 2011-1, Street Resurfacing. This project also includes a sidewalk maintenance program the Council requested staff implement in coordination with street rehabilitation. We received two (2) bids for this project, with Yeske Construction Co., Inc. providing the low bid. The Engineering Division is recommending award to Yeske Construction Co., Inc. of Edgerton, Wisconsin, in the amount of $658,725. The bids received are shown below: 2011-2 CURB & GUTTER AND SIDEWALK REPLACEMENT Yeske Construction Co., Inc. Total Bid: $658,725.00 P.O. Box 72 AWARD OF PUBLIC WORKS BID SCHEDULE “A” – 2011 14 MARCH 2011 – PAGE 3. Edgerton, WI 53534 E & N Hughes Co., Inc. Total Bid: $809,586.50 P.O. Box 408, N2629 Coplien Road Monroe, WI 53566 Funding for this project is a combination of sources. Sidewalk costs will be funded by $81,000 from 2011 Note Issue borrowing and $38,000 billed to affected property owners. Curb & gutter costs will be funded by $540,000 from 2011 Note Issue borrowing. The 2011 Major Capital Projects budget anticipated $975,000 for curb and gutter replacement (which is being completed under Contracts 2011-2, 5 and 7) and $200,000 for sidewalk replacement. Contract 2011-3, Manhole Rehabilitation/Reconstruction This project rehabilitates or reconstructs existing sanitary sewer, water valve, and storm sewer manholes in paved streets prior to the 2011 annual street resurfacing contract. This is the fourth year of an annual program for maintaining utility manholes in conjunction with the street maintenance program. We opened two (2) bids for this project, with Infrastructure Technologies, Inc. providing the low bid. The Engineering Division is recommending award of this contract to Infrastructure Technologies, Inc., Rogers, MN, for a total amount bid of $211,859. Part A of the bid includes work related to manhole rehabilitation/reconstruction, while Part B of the bid includes work related only to manhole chimney rehabilitation/reconstruction. The bids received are shown below: 2011-3 MANHOLE REHABILITATION/RECONSTRUCTION Infrastructure Technologies, Inc., Total Part A: $78,764.00 dba Infratech Total Part B: $133,095.00 21040 Commerce Blvd. Total Bid: $211,859.00 Rogers, MN 55374 E & N Hughes Co., Inc. Total Part A: $93,054.00 P.O. Box 408, N2629 Coplien Road Total Part B: $165,819.00 Monroe, WI 53566 Total Bid: $258,873.00 Funding for this project is from various sources. The sanitary manholes are funded with $133,665 Wastewater Utility operating funds, the storm sewer manholes ($27,525) will be included as part of the $200,000 planned for the 2011 Note Issue borrowing, and the water valve manholes ($50,669) will be included as part of the $165,000 planned for the 2011 Note Issue borrowing. The 2011 Major Capital Projects budget anticipated AWARD OF PUBLIC WORKS BID SCHEDULE “A” – 2011 14 MARCH 2011 – PAGE 4. $200,000 and $165,000 would be included in the 2011 Note Issue for storm sewer manholes and water valve manholes, respectively. Contract 2011-4, New Sidewalk This Contract includes installation of 74,000 S.F. of new sidewalk at locations included on Resolution No. 2010-742 that were approved by City Council on October 25, 2010. Four (4) bids were received for this project, with J. B. Johnson Bros. providing the low bid. The Engineering Division is recommending award of this contract to J. B. Johnson Bros, LLC, Edgerton, Wisconsin, in the amount of $408,113.75. The bids received are shown below: 2011-4 NEW SIDEWALK J. B. Johnson Bros., LLC Total Bid: $408,113.75 12 Maple Court Edgerton, WI 53534 E & N Hughes Co., Inc. Total Bid: $465,019.15 P.O. Box 408, N2629 Coplien Road Monroe, WI 53566 Ti-Zack Concrete, Inc. Total Bid: $490,524.75 39352 221st Avenue LeCenter, MN 56057 Yeske Construction Co., Inc. Total Bid: $599,992.00 P.O. Box 71 Edgerton, WI 53534 Engineering and Finance staff will calculate assessment rates using actual bid prices. Funding for this work will be provided by several sources including special assessments to the abutting property owners ($225,000), the City Funded Sidewalk account ($14,000), and 2011 Note Issue borrowing ($170,000). The Major Capital Projects budget anticipated $200,000 would be included in the 2011 Note Issue for sidewalk ramps / locations abutting public property and $480,000 for sidewalk assessable to property owners. Contract 2011-5, South Pearl Street Reconstruction The work to be accomplished by this project includes the reconstruction of S. Pearl Street between W. Court Street and Rockport Road, including total curb & gutter AWARD OF PUBLIC WORKS BID SCHEDULE “A” – 2011 14 MARCH 2011 – PAGE 5. replacement, and reconstruction of three railroad track crossings. The City will be participating in reconstructing railroad track crossings by Wisconsin & Southern and Union Pacific. These costs will be incurred outside of this contract and are estimated at $35,000. Funding for the railroad work crossings is included in the street maintenance operating budget as a specific line item. We received four (4) bids for this project, with Frank Silha & Sons Excavating, Inc. providing the low bid. The Engineering Division is recommending award of this contract to Frank Silha & Sons Excavating, Inc. of Janesville, Wisconsin, in the amount of $467,635.50. The bids received are shown below: 2011-5 SOUTH PEARL STREET RECONSTRUCTION Frank Silha & Sons Excavating, Inc. Total Bid: $467,635.50 348 Highway 14 East Janesville, WI 53546 Rock Road Companies, Inc. Total Bid: $467,900.42 P.O. Box 1779 Janesville, WI 53547 Frank Bros., Inc. Total Bid: $489,211.95 2501 Morse Street Janesville, WI 53545 E & N Hughes Co., Inc. Total Bid: $491,696.10 P.O. Box 408, N2629 Coplien Road Monroe, WI 53566 This is a Local Road Improvement Program (LRIP) project. Funding for this project is from various sources. The street improvements are funded with $152,323 of LRIP funds and $181,000 of 2011 Note Issue borrowing as part of the $975,000 planned for streets, while the curb & gutter are funded with $135,000 of 2011 Note Issue borrowing as part of the $975,000 planned for curb & gutter improvements. The 2011 Major Capital Projects budget anticipated $975,000 would be included in the 2011 Note Issue for street maintenance and $975,000 for curb & gutter replacement. Contract 2011-6, Black Bridge Watermain This Contract extends a 24” water main approximately 1 mile as phase 2 of last year’s transmission main project. Also included is all necessary restoration/replacement of curb & gutter, driveways, sidewalk and terraces and erosion control. pavement, AWARD OF PUBLIC WORKS BID SCHEDULE “A” – 2011 14 MARCH 2011 – PAGE 6. Five (5) bids were received for this project, with Rawson Contractors, Inc. providing the low bid. The Engineering Division is recommending award of this contract to Rawson Contractors, Inc., Madison, Wisconsin, in the amount of $1,121,783. The bids received are shown below: 2011-6 BLACK BRIDGE WATERMAIN Rawson Contractors, Inc. Total Bid: $1,121,783.00 P.O. Box 259539 Madison, WI 53725 Globe Contractors, Inc. Total Bid: $1,126,890.00 N50 W23076 Betker Road Pewaukee, WI 53072 A-1 Excavating, Inc. Total Bid: $1,148,142.00 408 26th Avenue, P.O. Box 90 Bloomer, WI 54724 The Wanasek Corporation Total Bid: $1,155,070.00 29606 Durand Avenue Burlington, WI 53105 R. T. Fox Contractors, Inc. Total Bid: $1,159,400.00 5628 Hwy. M Edgerton, WI 53534 Funding for this project will be the 2011 Note Issue. The 2011 Major Capital Projects budget included $1,500,000 for this project. Contract 2011-7, Palmer Drive & Camden Parking Lot Reconstruction This Contract includes reconstructing Palmer Drive between Racine Street and Mohawk Road as well as well as reconstructing the existing parking lot near Camden playground and the wading pool. The roadway project has a second phase, related to the bridge over Spring Brook. Due to required traffic control staging and the desire to avoid construction while the wading pool is open, the parking lot and roadway work will be completed in the spring and the bridge project in the fall. Four (4) bids were received for this project, with Rock Road Companies, Inc. providing the low bid. The Engineering Division is recommending award of this contract to Rock Road Companies, Janesville, Wisconsin, in the amount of $233,375.49. The bids received are shown below: AWARD OF PUBLIC WORKS BID SCHEDULE “A” – 2011 14 MARCH 2011 – PAGE 7. 2011-7 PALMER DRIVE & CAMDEN PARKING LOT RECONSTRUCTION Rock Road Companies, Inc. Total Bid: $233,375.49 P.O. Box 1779 Janesville, WI 53547 Bjoin Limestone Inc. Total Bid: $263,632.50 7308 W. State Road 11 Janesville, WI 53548 Frank Bros., Inc. Total Bid: $274,971.54 2501 Morse Street Janesville, WI 53545 Custom Ditching, Inc. Total Bid: $309,656.50 2175 Townhall Road Beloit, WI 53511 Funding for this project is from various sources. The parking lot improvements are funded with $150,000 of designated 2011 Note Issue parking lot reconstruction funds while the street rehabilitation ($80,000 streets) and ($15,000 curb & gutter) will be included as part of the $975,000 planned for streets and $975,000 planned for curb & gutter in the 2011 Note Issue borrowing. The bridge related rehabilitation which is phase 2 of this project is estimated to cost $50,000. The 2011 Major Capital Projects budget included $215,000 for the parking lot reconstruction, $975,000 for street rehabilitation, and $975,000 for curb & gutter improvements. Attachment cc: Eric Levitt Jay Winzenz Carl Weber CITY MANAGER’S OFFICE MEMORANDUM March 7, 2011 TO: City Council FROM: Rebecca Smith, Management Assistant SUBJECT: Action on a Proposed Resolution Authorizing the City Manager to Execute a Lease with the American Legion Baseball of Janesville, WI for the Operation of a portion of Riverside Park (File Resolution #2011-779) Summary Riverside Park has been home to American Legion baseball games since the 1960s. With the elimination of city funding to maintain Veteran’s Field, the American Legion has agreed to lease and maintain the facility so they may continue to use it for their games. Request Staff requests the Council agree to lease the baseball facility to the American Legion. Recommendation Staff recommends the City Council adopt File Resolution #2011-779 to authorize the City Manager to execute an operating lease with the American Legion for a portion of Riverside Park. City Manager Recommendation The City Manager recommends approval. Suggested Motion I move the Council approve File Resolution #2011-779 to authorize the City Manager to execute an operating lease with the American Legion for a portion of Riverside Park. Lease Details Staff has negotiated a 1-year lease with the American Legion commencing March 1, 2011 and ending on February 28, 2012. The American Legion may extend this lease agreement annually for an additional five (5) years, thereby terminating on February 28, 2017, if mutually agreed upon by the American Legion and the City. The City or the Legion have the option of terminating the lease agreement with ninety (90) days notice. The general terms of the lease are as follows: 1. The City will continue to mow the grass to baseball game standards. 2. The American Legion will be responsible for utilities, field maintenance, line striping, field irrigation, and all other tasks associated with having baseball games at the facility. 3. The American Legion may use the city-owned liner and drag to maintain the field; however, the Legion will need to pay for the supplies (diamond dry, gas, oil). 4. The American Legion will continue to offer concessions, as they have for many years. 5. The American Legion may install advertising on the fencing; all advertising must be approved by the City and must comply with all ordinances. Analysis The American Legion has been a good partner with the City of Janesville over the years and their willingness to take on the maintenance of the Veteran’s Field is a significant undertaking for their volunteer group. The Parks Division has confidence in their abilities to maintain the field for their games. Cc: Eric Levitt, City Manager Jay Winzenz, Assistant City Manager/Administrative Services Director Attachments: Resolution 2011-779, Lease agreement, Lease agreement exhibit 2 Resolution # 2011-779 A Resolution Authorizing the City Manager to Execute a Lease with the American Legion Baseball of Janesville, WI for the Operation of a portion of Riverside Park WHEREAS, Riverside Park has been home to American Legion baseball and Janesville School District baseball since the 1960s; WHEREAS, the City is the owner of the land located in the City of Janesville, Rock County, Wisconsin, known as Riverside Park, upon which is situated a building known as the American Legion Baseball Multi-Purpose Building (2900 Parkside Drive), owned by the City and a baseball field known as Veteran’s Field, owned by the City; and WHEREAS, the American Legion desires to lease the facility from the City; WHEREAS, the American Legion and the City Administration have negotiated a proposed one (1) year lease, commencing March 1, 2011 and ending on February 28, 2012. The lease may be extended annually for an additional five (5) years, thereby terminating on February 28, 2017 if mutually agreed upon by the American Legion and the City; and WHEREAS, the proposed Lease and all of its above and other terms, obligations, and provisions are reiterated and incorporated by reference herein as if fully set verbatim; and WHEREAS, the Common Council hereby find that this Lease and its execution by the City is in the best interest of and of benefit to the City of Janesville, the community, its residents, businesses, as well as the surrounding area; and WHEREAS, such Lease and its terms, conditions, obligations, and promises are permitted by law and the Common Council are empowered to enter into such Lease, pursuant to Wis. Stats. §§ 66.0101, 62.11(5), 62.22, and 62.23(17) (b), and other pertinent Wisconsin Statutes. NOW THEREFORE BE IT RESOLVED by the Common Council of the City of Janesville that the Lease with the American Legion is approved and authorized upon the terms, conditions, obligations, provisions, and promises set forth above and therein as proposed by the City Administration; and further, the City Manager and/or his designee(s), on behalf of the City of Janesville, are authorized to execute and enter into the Lease with the American Legion for the operation of a portion of Riverside Park; and BE IT FURTHER RESOLVED by the Common Council that the City Manager and/or his designees are hereby authorized to negotiate, renew, amend, execute, and enter into such documents, papers, agreements, and forms, and to take whatever other actions, that the City Manager may, from time to time, find necessary, desirable, and/or beneficial to effectuate the Lease and/or the intent of this Resolution. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner McDonald Eric J. Levitt, City Manager Perrotto Rashkin ATTEST: Truman Steeber Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Parks Division Prepared by: Management Assistant & City Attorney LEASE AGREEMENT BETWEEN THE CITY OF JANESVILLE AND AMERICANLEGIONBASEBALLOFJANESVILLE,WI CITY OF JANESVILLE This LEASE AGREEMENT is made by and between the , a CITY Wisconsin Municipal Corporation, hereinafter referred to as “”, and the AMERICAN LEGION BASEBALL OF JANESVILLE, WI , a Wisconsin non-profit American Legion corporation, hereinafter referred to as “”. WHEREAS , the City is the owner of the land located in the City of Janesville, Rock County, Wisconsin, known as Riverside Park, upon which is situated a building known as the American Legion Baseball Multi-Purpose Building (2900 Parkside Drive), owned by the City and a baseball field known as Veteran’s Field, owned by the City; and WHEREAS , Riverside Park has been home to American Legion baseball and Janesville School District baseball since the 1960s; WHEREAS , the City eliminated funding for Riverside Park baseball field maintenance for fiscal year 2011 and funding is not anticipated to be available in future years for baseball field maintenance; and WHEREAS , the Common Council of the City of Janesville finds that it is in the best interest of the City and benefit to its residents to promote the use of these facilities without the support of city funds; and WHEREAS , the City desires to lease this facility; and WHEREAS , the American Legion desires to lease the facility from the City; WHEREAS , the Common Council of the City of Janesville has authorized the City Manager execute an agreement with the American Legion authorizing the American Legion to use the facility; NOW, THEREFORE , in consideration of the fulfillment of the obligations of the parties IT IS MUTUALLY AGREED hereinafter set forth, as follows: 1. Premises. The City hereby permits the use of and leases and lets unto the American Legion for the term and upon the conditions hereinafter set forth, those premises in Riverside Park situated in the City of Janesville, County of Rock, State of Wisconsin, as follows: A. The City hereby permits non-exclusive use of the American Legion Baseball Multi-Purpose Building, including the concessions and scorekeepers areas; the fenced baseball field (Veteran’s Field); infield; warning track, fence, use of the scoreboard and the flagpole. The American Legion understands that these areas are also used by the Janesville School District for high school baseball games each year. The leased premises are shown on Exhibits A which are attached hereto and made a part of this Agreement. 1 2. Term of the Lease Agreement. The initial term of this lease shall be for one (1) year, commencing March 1, 2011 and ending on February 28, 2012. The lease may be extended annually for up to an additional five (5) years, thereby terminating on February 28, 2017 if mutually agreed upon by the American Legion and the City. If the American Legions desires to extend the lease, annually the American Legion shall notify the City not less than sixty (60) days prior to the expiration of this Agreement. At such extension time the parties shall agree to update the lease if appropriate. 3. Use of Facility. A. The City and American Legion understand this field is to be maintained at game-playing standards and is used primarily for American Legion and Janesville School District baseball games. This field is not to be use used for practices not associated with games or activities un- related to baseball games. B. The American Legion understands that there may be a few times per year where the outdoor lights at the ball fields are used for a special event organized by the City taking place outside of the leased premise. The City would pay for the electricity used in these instances. 4. Maintenance and Repairs. A. Except as set forth in paragraphs B, C and D hereunder, the American Legion shall throughout the term of this lease, at its own cost and without any expense to the City, keep and maintain the premises, including all structures and improvements thereon of any kind, in as good or better condition than said structures and improvements were in at the beginning of the term of this lease, reasonable wear and tear excepted. All ordinary maintenance and repair shall be carried out in a manner satisfactory to the City and shall be sufficient to ensure the preservation of said property and to prevent the deterioration thereof. Examples of ordinary maintenance include, but are not limited to: litter control, painting, line striping, infield maintenance, outfield fertilizing, care of the warning track, lighting and PA system maintenance, field irrigation and power washing. Time herein is of the essence. If the American Legion fails to keep the premises in a reasonably clean condition, the City may notify the American Legion in writing of such failure to maintain the premises or keep the premises adequately clean. The American Legion shall have thirty (30) days in which to make necessary repairs or clean the premises or the City may cause the premises to be cleaned or repaired and charge the cost thereof to the American Legion without the necessity for further notice or permission. The American Legion shall make no outside alterations, additions, or improvements to the leased premises or any significant alterations, additions, or improvements to the inside of the American Legion Baseball Multi-Purpose Building unless prior written approval has been obtained from the City. The City shall have the right to inspect the premises at all times. B. If major structural work or extraordinary maintenance or repair work is needed, the City and the American Legion shall discuss the work and decide how to apportion responsibility for said work C. In the event of catastrophic flooding, defined as flooding equal to or greater than the “100 year flood,” the City shall, at the discretion of the Janesville City 2 Council, be responsible for the repair or replacement of any structures on the leased American Legion as premises, which are damaged in such catastrophic floods. The the LESSEE shall pay the local share, if any, required by federal authorities to receive federal reimbursement for catastrophic damage. American Legion shall be responsible for the repair or replacement of its personal property, inventory and any equipment damaged in such catastrophic floods. American LegionCITY D. If the makes a claim against any insurance American Legion policy, then shall pay the insurance claim deductible, if any. This American Legion’s provision does not create any right to or in said claim, however. 5. Concessions. The American Legion are permitted to vend food concessions, as per their April 14, 2009 approved Concessionaire’s Agreement with the City of Janesville, with the following changes: A. The City will no longer pay the cost for utility services. (5C, Page 4) B. Insurance requirements for the American Legion shall be as outlined in item 6, Insurance below in this lease agreement. 6. Insurance. The American Legion shall obtain and maintain during the scheduled baseball season, solely at its own expense, general liability insurance, including bodily injury coverage, of at least $1,000,000 each occurrence and $1,000,000 aggregate, naming the City and American Legion as co-insured under the American Legion’s policy. Such insurance shall cover all American Legion activities in and upon said leased premises and shall indemnify and save harmless the City and the American Legion from and against all losses, costs (including attorney’s fees), damages, expenses and liability (including statutory liability), in connection with claims for damages as a result of injury or death of any person or property damage which may arise from any act or omission on or about the leased premises by the American Legion. Upon request, the American Legion shall furnish the City with an insurance policy or certificate of insurance showing coverage as herein required. American Legion shall take such other actions as may be necessary for the protection of the health, safety, and welfare of the public. The American Legion insurance and obligations hereunder shall survive this Lease Agreement. 7. Utility Charges. The American Legion shall pay all charges for utilities servicing the leased premises. 8. Assignment and Subleasing. The American Legion shall not mortgage, hypothecate, pledge, convey, or otherwise encumber or assign the leasehold herein created; neither shall the American Legion sublet or sublease the leased premises in whole or in part. 9. Compliance with Laws. The American Legion shall, at all times, comply with all applicable rules, regulations, laws, ordinances, statutes, and orders of any governmental unit, authority, federal, state or local, lawfully exercising authority over the premises or over the operations or activities of the American Legion. 3 10. Baseball Field Maintenance Equipment. The City will allow the American Legion to use free of charge the existing Smithco drag and Kromer liner and drag owned by the City at the leased premise for as long as the American Legion has a lease in place with the City. The equipment may continue to be stored on city property. The American Legion will be responsible for the maintenance and supplies needed to use the equipment (gas, oil, etc.). There shall be no expectation by the American Legion of the City to replace this equipment when it is no longer able to be used. 11. Miscellaneous. A. Notwithstanding this Agreement, the general public may make, and the American Legion shall permit, use of the surrounding area adjacent to the leased premise consistent with park rules and regulations governing such use. The American Legion shall not use the leased premises for financial gain other than baseball games, concessions and tournaments and related purposes without the prior express permission of the City. B. The restrooms located inside the Baseball Multi-Purpose Building are operated according to rules established by the Janesville Parks Division and are normally made available to the public. C. Any improvements made to said property by the American Legion shall become part of the premises and, upon termination of this Agreement for any cause, belong to the City. D. The American Legion shall not store any equipment outside the building with the exception of the tarp that is stored within the fenced area. E. The American Legion may install advertising signs/banners that are in keeping with youth values on fences consistent with City ordinances, and guidelines established, from time to time, by the City. Size, design and placement shall be subject to City approval and applicable City ordinances. All signs/banner should be of the same design template and shall be approved by the city. F. The American Legion shall keep the leased premise free of all equipment and litter and shall, immediately after each game, or other activity, clean the area and dispose of all non-yard or non-recyclable waste in a dumpster that is shared with the City of Janesville. G. The City shall mow the grass to baseball-playing standards during the baseball season (once every five work days or less). H. The American Legion shall empty the trash receptacles within the leased premises and shall dispose of waste in a dumpster that is shared with the City immediately after each game, or other activity. 4 I. No yard waste or recyclable materials are permitted in any trash receptacles. The American Legion shall promote recycling in conformance with State laws and City ordinances and shall empty recycling receptacles within the leased premises as needed. 12. Defaults. If the American Legion breach any of the covenants, promises, obligations, conditions or agreements contained in this Lease Agreement, the City may notify the American Legion of such breach and give the American Legion an opportunity to remedy the breach. If, after the City gives notice, the breach continues for ten days, the City shall have the right solely at its option to forthwith terminate this Lease Agreement and all rights of the American Legion hereunder. The City shall have the right to retake immediate possession of said property upon such termination, in which event all surviving provisions specifically set forth in this Lease Agreement shall survive and remain in full force and effect. 13. Termination of Lease Agreement. This lease shall be subject to termination by the City or the American Legion regardless of grounds therefore, by giving the other party ninety (90) days prior written notice of termination. 14. Indemnification. American Legion shall and hereby does indemnify, save, and hold harmless the City and each and every one of its elected and appointed officials, officers, employees, representatives and agents and their successors from any and all liability, damages, judgments, costs, fees and disbursements, awards, orders and payments including but not limited to attorney fees, of whatsoever kind, nature or amount directly and/or indirectly arising from American Legion’s acts and/or omissions of whatsoever kind or nature and those of each and every one of the American Legion’s members, employees, officers, officials, guests, invitees, permittees, representatives, agents, and all other persons authorized, occurring upon or surrounding the above- described leased City property. This indemnification shall survive this Lease Agreement. 5 15. By signing this Lease Agreement, the American Legion’s representative’s hereby attest and certify that they are duly authorized by the American Legion to enter this Lease Agreement on behalf of and so bind the American Legion. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this _____ day of March, 2011. American Legion: Witness: Robert Schenck Brian Martin President / Treasurer Vice President Janesville American Legion Baseball Janesville American Legion Baseball Signature Signature City of Janesville: Witness: _______________________________ __________________________ Eric J. Levitt, City Manager Name City of Janesville APPROVED AS TO FORM: ________________________________ Waldemar Klimczyk, City Attorney City of Janesville 6 Ê»¬»®¿² Ú·»´¼ Ô»¿»¼ ß®»¿ ø×²½´«¼» ´·¹¸¬ ¿²¼ »´»½¬®·½¿´ »®ª·½»÷ o É·½±²·²ù Ð¿®µ Ð´¿½» Ý·¬§ ±º Ö¿²»ª·´´» Ý·¬§ ±º Ö¿²»ª·´´» Ê»¬»®¿² Ú·»´¼ Ô»¿»¼ ß®»¿ ó Î·ª»®·¼» Ð¿®µ ÔÛ×ÍËÎÛ ÍÛÎÊ×ÝÛÍ ÔÛ×ÍËÎÛ ÍÛÎÊ×ÝÛÍ Ü¿¬»æ íóïóïï ÞòÞò Ð´¿²²·²¹ ðîëëðéëïðð Ú»»¬ ï þ ã éí ù Ù×ÍæÄÐ®±¶»½¬ÄÔ»·«®»Í»®ª·½»ÄÊ»¬»®¿²Ú·»´¼Ô»¿»ò³¨¼ DEPARTMENT OF PUBLIC WORKS MEMORANDUM March 4, 2011 TO: City Council FROM: John Whitcomb, Operations Director SUBJECT: Snow Removal on Sidewalks Abutting Private Property Summary This memorandum is in response to a request from Council members Perrotto and Truman to review more aggressive enforcement measures relative to the City’s sidewalk snow removal Ordinance. A discussion of current procedures and the procedures of peer communities in the state is included. Staff Recommendation Staff recommends maintaining current enforcement procedures for this program. Recommended Motion No formal Council action is required at this time. City Manager Recommendation The City Manager recommends maintaining the current policy. This policy was implemented at the beginning of the winter. From the staff perspective this policy has proven to be more effective than the policy implemented in previous years. We could review a re-inspection fee, but I believe it would be less effective than it is in the other two types of inspections, since the City can clear the sidewalk 24 hours after the initial inspection. Even though parked vehicles is a separate violation, we can also look at increasing the fines on parked vehicles concurrently if the Council wishes for these policies to become more aggressive in enforcement. Background Authority State Statute 66.0907 (5) requires the City clear sidewalks of snow and ice when abutting property owners fail to do so. This statute further allows the City to pass along, to the property owner, costs incurred by the City. No timeframes for property owner compliance are established by statute. City Ordinance 12.08.080 requires sidewalks be cleared of snow and ice within 12 hours of cessation of snow. Current Procedures The City’s response to snow-covered sidewalks is primarily reactive, relying initially on citizen complaints. The following procedures are implemented: 1  An Operations Division staff member inspects the address where the complaint was noted and also reviews other nearby properties for compliance.  If non-compliance is observed, a notice is left at the property indicating the nature of the violation and directing the occupant or property owner to correct the violation within 24 hours. Direct contact with the property owner or occupant is attempted when possible.  After 24 hours has elapsed, a City crew or private contractor hired by the City is scheduled to clear the sidewalk.  When sidewalk clearing has been performed by the City or its contractor, the abutting property owner is sent an invoice for associated costs. The current minimum charge is $127.00.  Digital photos are taken before and after any clearing is performed by the City or its contractor.  These same procedures are followed regardless of the number of instances of non-compliance at any given property. The current procedures were first implemented in December 2010 at the direction of the City Council. The Council’s primary goal was to shorten the amount of time to gain compliance and the changes have been successful in this regard. Peer City Procedures A review of procedures in 16 Wisconsin cities was conducted in 2009. In summary:  Twelve communities respond to snow covered sidewalks on a complaint basis only.  Four communities do some form of proactive inspection.  Twelve communities utilize a door hanger to notify tenants of buildings as notice of non-compliance.  Three communities mail letters to property owners as notice of non- compliance.  One community does not provide any notice of non-compliance prior to clearing a sidewalk.  Twelve communities take picture documentation at each location. These communities indicate this was important in proving the work was performed, especially when using contractors.  Five communities include an inspection fee in their charges.  Three communities include an administrative fee in their charges.  Four communities issue citations for violations. Options Proactive Inspections Rather than waiting for citizen complaints, a proactive inspection program could be established. The scope and frequency of such a program would dictate the amount of additional staff time devoted to inspections 2 and managing clearing activities. Any added staff time devoted to such a program would reduce the amount of time staff devotes to other activities. Equity issues could arise if scope and frequency of inspections are not consistent city- wide. Citations Current Ordinance provides for citations up to $100 per day per occurrence. Staff is not aware any citations have ever been issued under the Ordinance. Issuing citations would provide additional financial incentive for property owners to comply with Ordinance. Extending citation authority to additional city staff would likely be required if citations are to be issued, particularly should the Council also wish to implement a proactive inspection program. The City Attorney has also provided the following relative to citations:  The property owner must be personally served the citation.  Each instance of non-compliance would need to be made unlawful, not just instances occurring after a first instance.  Due process might be implicated because a property owner may not have had a chance to contest prior alleged instances of non-compliance.  Notice of each previous instance of non-compliance would need to be provided a property owner at the time of each instance of non-compliance (or shortly thereafter) with an opportunity for the property owner to contest before an impartial person or group. Re-inspection Fees A re-inspection fee could be assessed those property owners having multiple instances of non-compliance in a season. The fee could be assessed after a first instance of non-compliance and where the City or its contractor takes action to clear the sidewalk. This fee, like a citation, could provide financial incentive to maintain compliance with Ordinance. Currently, Neighborhood Services and Building Services each have $50.00 re-inspection fees. According to the City Attorney, re-inspection fees can be attached to the real property tax rolls if left unpaid. Implementing additional charges would likely result in more property owners contesting charges which would require additional staff time. 3 CITY ATTORNEY’S OFFICE MEMORANDUM March 3, 2011 TO: City Council FROM: Tim Wellnitz, Assistant City Attorney SUBJECT: Introduce and schedule a public hearing on a proposed ordinance amending JGO Chapter 10.71 regulating the use of Neighborhood Electric Vehicles so as to regulate the use of Low Speed Vehicles in the City of Janesville. (File Ord. No. 2011-477) Staff Recommendation Staff recommends the City Council adopt Proposed Ordinance 2011-477 amending JGO Chapter 10.71 regulating the use of Neighborhood Electric Vehicles so as to regulate the use of Low Speed Vehicles in the City of Janesville. City Manager’s Recommendation The City Manager supports the staff recommendation. Suggested Motion I move to adopt Proposed Ordinance No. 2011-477. Background State law, Wis. Stats. § 346.94(22), regarding the use of neighborhood electric vehicles has changed so as to allow the operation of low-speed vehicles under certain circumstances. Low-speed vehicles include neighborhood electric vehicles as well as gas-powered vehicles. Low-speed vehicles are allowed within municipalities under state law. These vehicles are restricted to roads with a speed limit of 35 miles per hour or less and crossing intersections of state trunk highways or connecting highways that are controlled by traffic control signals where the speed limit at the intersection is 35 miles per hour or less. In addition, low-speed vehicles are allowed to operate on a connecting highway if the connecting highway has a speed limit of 25 miles per hour or less. Municipalities also have the option to prohibit the use of low-speed vehicles within the municipality or to allow the use of low-speed vehicles on all roadways within the territorial boundaries of the municipality where the speed limit is 35 miles per hour or less. Analysis Proposed Ordinance No. 2011-477 amends JGO Chapter 10.71, so as to permit the use of low-speed vehicles consistent with and as allowed under state law on all roadways within the City of Janesville where the speed limit is 35 miles per hour or less. cc: Eric Levitt, City Manager Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services 1 ORDINANCE NO. 2011 - 477 An ordinance amending JGO Chapter 10.71 regulating the use of Neighborhood Electric Vehicles so as to regulate the use of Low Speed Vehicles in the City of Janesville with penalties as set forth in JGO 10.70.040. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Chapter 10.71 of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: CHAPTER 10.71 LOW-SPEED NEIGHBORHOOD ELECTRIC VEHICLES Sections: 10.71.010 Definition 10.71.020 Use permitted on certain city streets 10.71.030 Operation 10.71.040 Violations – Penalty 10.71.010 DEFINITION . “Neighborhood Electric Low-Speed Vehicle” (“LSV NEV”) means a motor vehicle: A. That is defined as a LSV NEV under state law, as from time to time amended or renumbered, i.e. Wis. Stats. § 349.26(1) 340.01(27h); or B. That is propelled by electric power and that conforms to the definition and requirements for low- speed vehicles as adopted in the federal motor vehicle safety standards for low-speed vehicles under 49 CFR 571.3 (b) and 571.500. “Neighborhood electric Low-speed vehicle” does not include a golf cart or moped. 10.71.020 USE PERMITTED ON CITY STREETS. A. The use of a NEV LSV is prohibited except as expressly authorized by this Chapter. B. The use of a NEV LSV is hereby authorized on roadways under the jurisdiction within of the City of Janesville upon which the speed limit is 35 miles per hour or less with the following exceptions. 1.may be used uponconnecting highways A NEV within the City of Janesville but only upon those sections where the speed limit is 35 miles per hour or less. The exact locations shall be as promulgated from time to time and at any time by the City Manager, who is hereby authorized to do so by the Common Council, as approved by the Wisconsin Department of Transportation. All such locations shall be compiled, kept and updated in written form, and kept on file for public inspection at all times in the lobby of the Janesville Police Department, in the City Clerk-Treasurer’s Office and on the City's website. Such list of authorized locations is hereby adopted by reference and incorporated herein as if fully set forth verbatim. All additions and changes shall be updated on said list by the City Manager and/or his designees. 2.may crossstate trunk highways A NEV within the City of Janesville but only at public intersections where the speed limit upon the state trunk highway at that particular intersection is 35 miles per hour or less. The exact locations shall be as promulgated from time to time and at any time by the City Manager, who is hereby authorized to do so by the Common Council, as approved by the Wisconsin Department of Transportation. All such locations shall be compiled, kept and updated in written form, and kept on file for public inspection at all times in the lobby of the Janesville Police Department, in the City Clerk-Treasurer’s Office and on the City's website. Such list of authorized locations is hereby adopted by reference and incorporated herein as if fully set forth verbatim. All additions and changes shall be updated on said list by the City Manager and/or his designees. 3. Subsections 1. and 2. are subject to the approval of the Wisconsin Department of Transportation as outline in Wisconsin Statute Section 349.26(3), as from time to time amended or renumbered. 10.71.030 OPERATION. A. The operation of a NEV LSV as permitted herein shall comply in all respects with Chapter 10 and other applicable provisions of the Code of General Ordinances of the City of Janesville, as applicable to the operation of motor vehicles. B. No person may operate a low-speed vehicle at a speed in excess of 25 miles per hour. 10.71.040 VIOLATION – PENALTY. A. Each violation of this chapter shall result in the issuance of a citation and the payment to the City of a forfeiture by the violator in an amount of not less than fifty dollars nor more than five hundred dollars together with applicable state penalty and other surcharges, and court costs. B. Each violation of a state or local traffic code not contained within this Chapter shall subject the operator of the NEV LSV to the citations and penalties set forth for such violations in the applicable state statutes and City ordinances. Such violations are cumulative to and not in lieu of those set forth for violations of this Chapter. 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: Police Department Prepared by: Assistant City Attorney CITY ATTORNEY’S OFFICE MEMORANDUM March 3, 2011 TO: City Council FROM: Tim Wellnitz, Assistant City Attorney SUBJECT: Introduce and schedule a public hearing on a proposed ordinance creating JGO Section 9.39.025 and amending JGO Section 9.39.030 prohibiting the Unlawful Use of Computerized Communication Systems in the City of Janesville. (File Ord. No. 2011-479) Staff Recommendation Staff recommends the City Council adopt Proposed Ordinance 2011-479 creating JGO Section 9.39.025 and amending JGO Section 9.39.030 prohibiting the Unlawful Use of Computerized Communication Systems in the City of Janesville. City Manager’s Recommendation The City Manager concurs with the staff recommendation. Suggested Motion I move to adopt Proposed Ordinance No. 2011-479. Background Janesville Police Officer Jeffrey Justman brought to my attention the increase in calls for service that the Janesville Police Department has been receiving for threatening, abusive, and harassing conduct that has been occurring via the use of text messaging, electronic mail, and other computerized communication systems. Janesville ordinances currently prohibit various types of conduct that harasses, threatens, or intends to inflict injury on another via the unlawful use of a telephone in J.G.O. 9.39.020. This proposed ordinance would update Janesville ordinances to prohibit similar conduct that occurs via the use of text messaging, electronic mail, and other computerized communication systems. The proposed ordinance is similar to the prohibition for unlawful use of computerized communication systems in the Wisconsin Statutes in Wis. Stat. § 947.0125. Analysis Proposed Ordinance No. 2011-479 updates Janesville ordinances so as to keep up with the change in technology to prohibit various types of conduct that harasses, threatens, or intends to inflict injury on another via the use of computerized communication systems. cc: Eric Levitt, City Manager Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services 1 ORDINANCE NO. 2011 - 479 An ordinance creating JGO Section 9.39.025 and amending JGO Section 9.39.030 prohibiting the Unlawful Use of Computerized Communication Systems in the City of Janesville with penalties as set forth in amended JGO 9.39.030. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Section 9.39.025 of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: 9.39.025 Unlawful use of computerized communication systems . A. “Message” is defined in this section as any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature, or any transfer of a computer program as defined in Section 943.70(1)(c) of the Wisconsin Statutes as from time to time amended or renumbered. B. No person shall do any of the following: 1. With intent to frighten, intimidate, threaten, abuse, annoy, offend, or harass another person, send a message to the person or with a reasonable expectation that the person will receive the message on an electronic mail or other computerized communication system and in that message threaten to inflict injury or physical harm to any person or the property of any person. 2. With intent to frighten, intimidate, threaten, abuse, annoy, offend, or harass another person, send a message on an electronic mail or other computerized communication system to the person or with a reasonable expectation that the person will receive the message and in that message use any obscene, lewd or profane language, or suggest any lewd or lascivious act. 3. With intent to frighten, intimidate, threaten, abuse, annoy, offend, or harass another person, send a message to the person or with the reasonable expectation that the person will receive the message on an electronic mail or other computerized communication system while intentionally preventing or attempt to prevent the disclosure of his or her own identity. 4. With intent solely to harass or annoy another person, send repeated messages to the person or with the reasonable expectation that the person will receive the messages on an electronic mail or other computerized communication system. 5. With intent to harass or annoy another person, send a message to the person or with the reasonable expectation that the person will receive the message on an electronic mail or other computerized communication system while intentionally preventing or attempting to prevent the disclosure of his or her identity. 6. Knowingly permit or direct another person to send a message prohibited by this section from any computer terminal or other device that is used to send messages on an electronic mail or other computerized communication system and that is under his or her control. SECTION II. Section 9.39.030 of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: 9.39.030 Violation--Penalty . The penalty for violating Section 9.39.010 or Section 9.39.020 any provision set forth in this chapter shall be a forfeiture to the city of not less than fifty dollars nor more than five hundred dollars together with the costs of prosecution, or in default of payment of such forfeiture and costs, imprisonment in the county jail for not less than five nor more than sixty days. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner McDonald Eric J. Levitt, City Manager Perrotto Rashkin ATTEST: Steeber Truman Jean Ann Wulf, City Clerk-Treasurer Voskuil APPROVED AS TO FORM: ____________________________________ Assistant City Attorney Proposed by: Police Department Prepared by: Police Department & Assistant City Attorney