Full Agenda Packet
Revised 4/7/11
CITY OF JANESVILLE
CITY COUNCIL MEETING AGENDA
MONDAY, April 11, 2011
7:00 P.M.
1. Call to Order and Pledge of Allegiance.
2. Roll Call.
3. Regular City Council meeting minutes of March 28, 2011. “C”
4. Licenses; and Recommendations of the Alcohol License Advisory
Committee. (Refer to separate agenda.) “C”
5. Action on a proposed resolution recognizing April 29, 2011 as Stand
Against Racism Day in the City of Janesville. (File Res. No. 2011-787)
6. Special recognition: Action on a proposed resolution in commendation of
Clyde E. Eakins’ service to the City of Janesville. (File Res. No. 2011-784)
7. Special recognition: Action on a proposed resolution in commendation of
Michael J. Thiering’s service to the City of Janesville.
(File Res. No. 2011-785)
8. Special recognition: Action on a proposed resolution in commendation of
James B. Dennis’ service to the City of Janesville.
(File Res. No. 2011-786)
9. Special recognition: Action on a proposed resolution in commendation of
William Truman’s service to the City of Janesville.
(File Res. No. 2011-794)
10. Special recognition: Action on a proposed resolution in commendation of
Frank A. Perrotto’s service to the City of Janesville.
(File Res. No. 2011-795)
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“C” – This designation indicates an item that the City Council will take up
under a Consent Agenda.
City Council Agenda – April 11, 2011
Page 2
OLD BUSINESS
1. Requests and comments from the public regarding items on the Agenda
not requiring a public hearing.
2. Public hearing on 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. (File Ord. No. 2011-478)
NEW BUSINESS
1. Presentation from Ann Forbeck on homeless youth and Project 16:49.
2. City Manager Report: Revaluation (Part 1)
3. Action on a proposed resolution authorizing the City Manager to execute
a use agreement with the Friends of Lustig Park Disc Golf Club.
(File Res. No. 2011-793)
4. Action on a claim for unlawful taxes in the amount of $1,860.93 for the
year 2010 from St. Peter’s Lutheran Church regarding property located
at 1315 Putnam Avenue.
5. Action on a proposed resolution authorizing the acquisition and
demolition of real property located at 1909 Joseph Street for open green
space. (File Res. No. 2011-777)
6. Action on a proposed preliminary resolution for Public Works Bid
Schedule “B” – 2011 (sewer and water assessments) and schedule a
public hearing for the final resolution. (File Res. No. 2011-790)
7. Action on a proposed resolution authorizing the issuance and sale of up
to $986,325 sewerage system revenue bonds, series 2011 and providing
for other details and covenants with respect thereto.
(File Res. No. 2011-791)
8. Action on City Manager and Council President recommended citizen
committee appointments.
City Council Agenda – April 11, 2011
Page 3
NEW BUSINESS (CONTINUED)
9. Motion to authorize City Manager to enter into a stipulation and
settlement resolving the claim of the City of Janesville et al relating to
liabilities associated with the Janesville Disposal Facility.
10. Discussion on leases of farmland.
11. Schedule time for City Council organizational meeting of April 19, 2011.
12. Requests and comments from the public on matters which can be
affected by Council action.
13. Matters not on the Agenda.
14. 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 for a potential economic development TIF development agreement.
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
MARCH 28, 2011
VOL. 62
NO. 34
Regular meeting of the City Council of the City of Janesville held in the Municipal Building on March 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, Truman
and Steeber.
CONSENT AGENDA
Regular City Council meeting minutes of March 14, 2011.
Closed session minutes of: December 14, 2009, March 22, 2010, April 12, 2010,
September 27, 2010, and October 11, 2010.
Licenses; and Recommendations of the Alcohol License Advisory Committee.
Council President Voskuil removed the closed session minutes of April 12, 2010. She stated that all
items on the consent agenda would be approved if there were no objections. There were none.
Councilmember Brunner asked staff to correct the vote on item number 3 on the closed session minutes
of April 12, 2010. The correction was approved by the Council without objection.
OLD BUSINESS
1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing.
Andreah Briarmoon, 339 S. Locust St., asked the Council to allow public input at the meeting on
financial policies (New Business #4) and asked Council to create a citizen’s committee on budgeting.
2. 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 received its second
reading and public hearing. Ty Bollerud, 419 S. Walnut St., spoke against said ordinance. The public
hearing was closed. Councilmember Steeber moved to adopt said ordinance, seconded by
Councilmember Truman and passed unanimously. (File Ord. No. 2011-477)
3. A proposed ordinance creating JGO Section 9.39.025 and amending JGO Section 9.39.030
prohibiting the unlawful use of computerized communications systems in the City of Janesville received
its second reading and public hearing. Andreah Briarmoon, 339 S. Locust St., spoke against said
ordinance. Lucy Newell-Anderson, 26 N. Wisconsin St., stated Ms. Briarmoon’s objections were
unfounded. The public hearing was closed. Councilmember Steeber moved to adopt said ordinance,
seconded by Councilmember Brunner and passed by the following vote: Aye: Councilmembers
Brunner, McDonald, Perrotto, Steeber, Truman, and Voskuil. Nay: Councilmember Rashkin. (File Ord.
No. 2011-479)
NEW BUSINESS
1. Action on a request to waive the special event fee for the Janesville Farmers Market. Councilmember
Steeber moved to deny the waiver request, seconded by Councilmember Truman and passed by the
following vote: Aye: Councilmembers Brunner, McDonald, Perrotto, Steeber, Truman, and Voskuil. Nay:
Councilmember Rashkin.
2. Action on a proposed resolution to add supplemental life insurance to employee benefit package.
Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Rashkin and
passed unanimously. (File Res. No. 2011-781)
3. Action to authorize the City Manager to file a simplified water rate increase with the Public Service
Commission. Councilmember Steeber moved to authorize the City Manager to file a simplified rate
increase (3%) with the Public Service Commission, seconded by Councilmember Rashkin and passed
unanimously.
4. Waive notice of special meeting (study session) scheduled for April 27 at 5:30 p.m. regarding
financial policies. All Councilmembers waived notice.
5. Requests and comments from the public on matters which can be affected by Council action. Ty
Bollerud, 419 S. Walnut St., requested the City address infrastructure repair needs around the City.
Andreah Briarmoon, 339 S. Locust St., asked the Council to refer the water rate increase (New Business
#3) to the Sustainability Committee, spoke against the updated communications systems ordinance (Old
Business #3) and asked the Council to create a citizen review committee for all ordinances.
7. Matters not on the Agenda. Councilmember Perrotto stated the Janesville Police Department did an
excellent job in communicating with local businesses about the secondhand dealer ordinance changes
and thanked the Chief of Police for the report on the ordinance change. Councilmember Rashkin
requested the Chief’s report be put online, congratulated Councilmember Steeber on his retirement, and
asked if the Rock River flooding was a concern. Carl Weber, Director of Public Works, indicated the
river has peaked and flooding does not appear to be imminent at this time. Councilmembers Rashkin
and McDonald encouraged people to vote in the upcoming election. Councilmember Truman requested
the Administration report on how City owned farm land is being rented and thanked the citizens of
Janesville for their support. Council President Voskuil stated the Big Give will be on April 9, 2011 and
asked citizens to support the event. She also asked how citizens could get a sample ballot. Dave
Godek, Deputy Clerk-Treasurer, stated that citizens could go to the Voter Public Access website or call
the Clerk-Treasurer’s Office to get the information.
8. 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 potential negotiating and bargaining
strategies, terms, and conditions for a potential industrial site TIF development agreement since
competitive and/or bargaining reasons required a closed session. The motion was seconded by
Councilmember McDonald and passed unanimously.
There being no further business, Council convened into closed session at 8:28 p.m. These minutes are
not official until approved by the City Council.
David T. Godek
Deputy Clerk-Treasurer
JANESVILLE CITY COUNCIL
LICENSE AGENDA
4/11/2011
RECOMMENDED
A. ELECTRICIAN–ORIGINAL
Bruce J. Legris 452 Leslie Dr., Edgerton, WI
B. CHANGE IN PREMISE TO ALLOW OUTDOOR SEATING EXPANSION (See attached memo and
floor plan).
B & D Enterprises, Inc.
d/b/a Watering Hole 1700 North Washington St.
CITY MANAGER’S OFFICE MEMORANDUM
March 28, 2011
TO: City Council
FROM:Rebecca Smith, Management Assistant
SUBJECT: Action on a proposed resolution recognizing April 29, 2011 as Stand
Against Racism Day in the City of Janesville. (File Res. No. 2011-787)
Request
Council President Voskuil and Council Vice President Perrotto asked that a resolution
recognizing April 29, 2011 as Stand Against Racism Day in the City of Janesville be
added to the April 11 Council agenda.
Recommendation
No recommendation.
Suggested Motion
I move to approve file resolution 2011-787 recognizing April 29, 2011 as Stand Against
Racism Day in the City of Janesville.
Background
Racism and discrimination hurt everyone and have a profound effect on children, adults,
communities and institutions. Racism can take many different forms including,
discrimination, personal attacks, violence, written or verbal threats or insults, damage to
property or graffiti.
Stand Against Racism Day is a nationally recognized initiative among YWCAs. Its
purpose is for communities to come together to raise awareness that racism still exists,
while offering to be part of the solution to end racism and other forms of discrimination.
Janesville’s local YWCA is concerned about the impact of racism and other forms of
discrimination on the Janesville area community and has chosen April 29, 2011 to bring
awareness to the importance of eliminating racism.
Ms. Jane McCauley, YWCA Rock County Abuse in Later Life Specialist, will be present
at the council meeting.
CC:
Eric Levitt, City Manager
Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services
FILE RESOLUTION NO. 2011-787
A resolution recognizing April 29, 2011 as Stand Against Racism Day in the City of
Janesville.
WHEREAS
, Racism and discrimination hurt everyone and have a profound effect on children,
adults, communities and institutions; and
WHEREAS
, Racism can take many different forms including, discrimination, personal attacks,
violence, written or verbal threats or insults, damage to property, graffiti or inequity of
treatment to individuals of race, color, creed, and ethnicity by institutions; and
WHEREAS
, the City of Janesville recognizes that all people should be treated with dignity,
respect and justice; and
WHEREAS
, Stand Against Racism Day is a nationally recognized initiative with a purpose to
encourage communities to come together to raise awareness that racism still exists, while
offering to be part of the solution to end racism and other forms of discrimination; and
WHEREAS
, racism, acts of hate, violence and disparities in our institutions based on race,
religion, ethnic heritage, gender, gender orientation or disability not only affect the victim, but
affect our entire community and nation; and
WHEREAS
, the City of Janesville supports the mission of YWCA Rock County to eliminate
racism in our nation, state and community;
NOW, THEREFORE BE IT RESOLVEDby the Common Council of the City of Janesville
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on this 11 day of April, 2011, that the day of April 29, 2011be recognized as Stand Against
Racism Day in the City of Janesville; and
BE IT FURTHER RESOLVED by the Common Council
to call upon all Janesville citizens to
support celebrating diversity and promoting racial justice in the Janesville community.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
Eric Levitt, City Manager
McDonald
ATTEST:
Perrotto
Rashkin
Steeber
Jean Ann Wulf, City Clerk-Treasurer
Truman
APPROVED AS TO FORM:
Voskuil
Wald Klimczyk, City Attorney
Proposed by: Council President Voskuil, Council Vice President
Perrotto
Prepared by: Management Assistant
HUMAN RESOURCES DIVISION MEMORANDUM
April 5, 2011
TO: City Council
FROM: Susan Musick, Human Resources Director
SUBJECT: Retirement Recognition Clyde E. Eakins, Michael J. Thiering, and
James B. Dennis
Executive Summary
At the City Council meeting of April 11, 2011, the following retirement
commendations will be considered under the consent agenda:
1. Clyde E. Eakins for thirty-two years of service with the City of Janesville
(File Resolution Number 2011-784).
Clyde will be attending the April 11, 2011, Council meeting.
Clyde began working for the City of Janesville on July 13, 2978, as a
part-time Bus Driver with the Janesville Transit System. He was
promoted to a full-time Bus Driver in December, 1986. .
Clyde’s retirement date is April 1, 2011.
2. Michael J. Thiering for thirty-one years of service with the City of
Janesville (File Resolution Number 2011-785).
Michael will not be attending the April 11, 2011, Council meeting.
Michael began working for the City of Janesville on May 5, 1980, as a
Firefighter/Paramedic. He was reclassified as a Driver in November,
1985. In January, 2007, Michael was promoted to the position of Fire
Lieutenant.
Michael’s retirement date is April 28, 2011.
3. James B. Dennis for thirty-one years of service with the City of Janesville.
(File Resolution Number 2011-786).
James will be attending the April 11, 2011, Council meeting.
James began working for the City of Janesville on October 15, 1979,
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as a Firefighter/Paramedic. In January, 1984, James was reclassified
as a Driver in the Janesville Fire Department.
James’ retirement date is April 8, 2011.
Recommendation
Staff recommends adoption of File Resolution 2011-784, 2011-785, and 2011-
786.
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RESOLUTION NO. 2011-784
Whereas,
Clyde E. Eakins is retiring from City of Janesville employment after
having diligently served the people of the City of Janesville and the community for thirty-two
years; retiring as a Bus Driver with the Janesville Transit System; and
Whereas,
during Clyde E. Eakins 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,
Clyde E. Eakins made his career providing safe and reliable service to
the citizens of Janesville; travelling over 1.2 million miles within the City behind the wheel of a
JTS bus and earning a 17 year safe driving award, equating to driving over 2/3 of a million miles
in city traffic without a preventable accident; and
Whereas,
during hiscareer with the City Clyde provided exceptionally reliable
and consistent service, ranking at or near the top of all Transit employees in attendance on an
annual basis, and having won the annual award for the least lost time on several occasions; 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 Clyde E. Eakins for his thirty-
two years of loyal public service.
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Dated this 11 day of April, 2011.
Motion by:
ADOPTED:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
Eric J. Levitt, City Manager
McDonald
Perrotto
ATTEST:
Rashkin
Steeber
Jean Ann Wulf, City Clerk-Treasurer
Truman
APPROVED AS TO FORM:
Voskuil
City Attorney, Wald Klimczyk
Proposed by: Human Resources
Prepared by: Human Resources
RESOLUTION NO. 2011-785
Whereas,
Michael J. Thiering 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 a Lieutenant with the City of Janesville Fire
Department; and
Whereas,
during Michael J. Thiering’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 Michael J. Thiering for
his thirty-one years of loyal public service.
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Dated this 11 day of April, 2011.
Motion by:
ADOPTED:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
Eric J. Levitt, City Manager
McDonald
Perrotto
ATTEST:
Rashkin
Steeber
Jean Ann Wulf, City Clerk-Treasurer
Truman
APPROVED AS TO FORM:
Voskuil
City Attorney, Wald Klimczyk
Proposed by: Human Resources
Prepared by: Human Resources
RESOLUTION NO. 2011-786
Whereas,
James B. Dennis 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 a Captain with the City of Janesville Fire Department; and
Whereas,
during James B. Dennis’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 James B. Dennis for
his thirty-one years of loyal public service.
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Dated this 11 day of April, 2011.
Motion by:
ADOPTED:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
Eric J. Levitt, City Manager
McDonald
Perrotto
ATTEST:
Rashkin
Steeber
Jean Ann Wulf, City Clerk-Treasurer
Truman
APPROVED AS TO FORM:
Voskuil
City Attorney, Wald Klimczyk
Proposed by: Human Resources
Prepared by: Human Resources
CITY MANAGER’S MEMORANDUM
April 6, 2011
TO: City Council
FROM: Eric J. Levitt, City Manager
SUBJECT: Action on a proposed resolution recognizing William Truman for his loyal
and conscientious service to the City of Janesville as a City Councilmember
(File Resolution No. 2011-794) and Action on a proposed resolution
recognizing Frank Perrotto for his loyal and conscientious service to the City
of Janesville as a City Councilmember (File Resolution No. 2011-795)
Request
At the conclusion of the Council meeting on April 11, 2011 Councilmember William Truman
and Council Vice President Frank Perrotto will complete their terms as members of the City
Council of the City of Janesville. Accordingly, file resolutions have been prepared in
recognition of their loyal and conscientious service to the City of Janesville.
City Manager Recommendation
The City Manager recommends the adoption of File Resolutions2011- 794 and 2011-795.
Thank you.
Suggested Motions
I move to approve file resolution 2011-794 to recognize William Truman for his loyal and
conscientious service to the City of Janesville as a City Councilmember.
I move to approve file resolution 2011-795 to recognize Frank Perrotto for his loyal and
conscientious service to the City of Janesville as a City Councilmember.
Background
I want to thank Councilman Truman for all of the energy and dedication he provided to the
Council over the last four years. His service includes some of the following highlights:
He was passionate toward issues involving both the Fourth Ward and Look West
neighborhoods. This passion included his dedication to the City by improving its
resources in code enforcement.
He was an active supporter of the Neighborhood Action Team while on the Council.
He was a continuous supporter of improvements in Riverside Park.
He provided support to various Council activities such as the Food Drives and
supporting the Tow Trucks for Tots event.
He continually looked for ways to improve the quality of life of the residents of
Janesville.
He served for one year as the Council President.
I would also like to thank Council Vice President Perrotto for his service and leadership
while on the City Council. His service includes some of the following highlights:
He was very interested in economic development and was a supporter of working with
the business community to grow the Janesville economy.
He was passionate about financial and insurance related matters and brought those
issues forward for discussion.
Frank assisted with the selection of Janesville new golf course management company
by representing the Council on the evaluation committee.
Frank served on the Plan Commission for two years and Sustainable Janesville
committee for one year.
Frank has been very supportive of staff and was always willing to volunteer for
special projects or attend special events and meetings when asked.
He served for one year as the Council Vice President.
RESOLUTION NO. 2011-794
A resolution recognizing William Truman for his loyal and conscientious service
to the City of Janesville as a City Councilmember.
WHEREAS, William Truman served the City of Janesville from 2007 to 2011 as a Member
of the City Council; and
WHEREAS, Mr. Truman served as Council President in 2009 and as Council Vice
President in 2008; and
WHEREAS, during his term of office, Councilman Truman served as a member of various
boards, committees, and commissions in the City; and
WHEREAS, Mr. Truman’s deep concern for the community, its citizens and their welfare
has characterized his tenure in office throughout; and
WHEREAS, Mr. Truman has always performed the duties of a member of the City Council
with an exemplary level of dedication, honesty, and integrity;
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Janesville
presents this commendation to William Truman in sincere appreciation for his loyal and
conscientious service to the City of Janesville.
ADOPTED: Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
McDonald
Eric Levitt, City Manager
Perrotto
Rashkin
ATTEST:
Steeber
Truman
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by: City Manager’s Office
Prepared by: City Manager’s Office
RESOLUTION NO. 2011-795
A resolution recognizing Frank Perrotto for his loyal and conscientious service to
the City of Janesville as a City Councilmember.
WHEREAS, Frank Perrotto served the City of Janesville from 2009 to 2011 as a Member
of the City Council; and
WHEREAS, Mr. Perrotto served as Council Vice President in 2010; and
WHEREAS, during his term of office, Councilman Perrotto served as a member of various
boards, committees, and commissions in the City; and
WHEREAS, Mr. Perrotto’s deep concern for the community, its citizens and their welfare
has characterized his tenure in office throughout; and
WHEREAS, Mr. Perrotto has always performed the duties of a member of the City Council
with an exemplary level of dedication, honesty, and integrity;
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Janesville
presents this commendation to Frank Perrotto in sincere appreciation for his loyal and
conscientious service to the City of Janesville.
ADOPTED: Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
McDonald
Eric Levitt, City Manager
Perrotto
Rashkin
ATTEST:
Steeber
Truman
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by: City Manager’s Office
Prepared by: City Manager’s Office
ADMINISTRATIVE SERVICES MEMORANDUM
April 6, 2011
TO: City Council
FROM: Jacob J. Winzenz, Dir. of Admin. Services/Assistant City Manager
SUBJECT: Public hearing on 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 (File Ord. No. 2011-478)
Background
At the City Council meeting on March 14, 2011, 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 was given a first reading and scheduled for a public hearing on April
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11. The City Council also requested that staff meet with the builder’s TQM
group to work out a mutually agreeable solution before the public hearing. Staff
and the builder’s TQM group have had two (2) very productive meetings, but we
are not yet ready to bring forward a proposal for Council consideration. It also
appears that the proposed ordinance may be different from what is currently
before the Council and will be presented at a future time. Therefore, staff is
requesting that the City Council defer action on this item until such time as staff
and the builder’s TQM group are prepared to bring forward a mutually acceptable
solution.
City Manager Recommendation
The City Manager recommends that the Council President announce at the
beginning of the Council meeting that there will be no second reading or hearing
on the currently proposed ordinance given the staff’s update and
recommendation. A different version will be presented for future consideration,
at which time a public hearing will be conducted. That will enable people to leave
the meeting at the outset and not have to wait until the agenda item is called.
There would be no hearing later. The City Attorney advises that this streamlined
procedure is proper given that the current version of the proposed ordinance will
both not be recommended by the staff or the TQM group and will not be the
version that the Council will vote on in the future. This will eliminate tonight’s
unnecessary public hearing and allow the City Administration to continue to
evaluate the best approach to amending the special assessment procedures in
the future taking into consideration future TQM builder input. The City will begin
the public hearing process when an amended ordinance is proposed.
Suggested Action
Since this matter was scheduled for a public hearing, it would be appropriate for
the Council President to indicate at the beginning the meeting that the City will
hold no hearing and intends to take no action on the currently proposed
Ordinance at this time, then not take action on the item to allow an amended
ordinance to come back to Council.
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CITY MANAGER’S OFFICE MEMORANDUM
April 4, 2011
TO: City Council
FROM: Tom Presny, Parks Director
SUBJECT: Action on a Proposed Resolution Authorizing the City Manager to Execute
a Use Agreement with the Friends of Lustig Park Disc Golf Club (File
Resolution #2011-793
Request
Staff requests the Council authorize the City Manager to execute a Use Agreement
Contract with the Friends of Lustig Park Disc Golf Club for their assistance with the
operation of the Lustig Park Disc Golf Course.
Recommendation
Staff recommends the City Council adopt File Resolution 2011-793 to authorize the City
Manager to execute a Use Agreement with the Friends of Lustig Park Disc Golf Club for
their assistance with the operation of the Lustig Park Disc Golf Course.
City Manager Recommendation
I concur with the recommendation.
Suggested Motion
I move the Council approve File Resolution 2011-793 to authorize the City Manager to
execute a Use Agreement with the Friends of Lustig Park for their assistance with the
operation of the Lustig Park Disc Golf Course.
Background
The disc golf course at Lustig Park has been operational since 2001 and was made
possible entirely through player donations. This course has become extremely popular
in the past 10 years and a challenge for the parks division to keep maintained and in
playable condition. A citizen group of avid players has recently come forward offering to
assist the city with maintenance and improvement to the course. The Friends of Lustig
Park Disc Golf Club is a newly formed organization who has just recently signed a
contract to become a 501-C3 fund within the Community Foundation of Southern
Wisconsin. Club members are avid disc golf players many who have vast disc golf
tournament experience and regularly travel to play other disc golf courses. The Friends
wish to raise funds and donate improvements to the course. They plan to replace the
current homemade disc baskets with commercially made baskets and provide other
improvements such as placing benches and trash containers as well as planting trees.
The Friends plan to host disc golf tournaments, assist in operating disc golf leagues and
host how-to classes. Funds for the course will be generated through tournaments and
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through the sale of disc golf discs and pre packaged food and beverage items. All
proceeds will be invested back in the course or generally into Lustig Park.
Contract Terms
1. This contract would be for two (2) years, 2011-2013; however the City could
terminate the contract on ninety (90) days notice or the Friends could terminate
on ninety (90) days notice.
2. The City would continue to provide general course maintenance while the
Friends will give attention to course layout, play, and special events similar to a
regular golf course.
3. The Friends of Lustig Park Disc Golf Club will invest all proceeds back in the
course or otherwise into Lustig Park.
Summary
We believe The Friends of Lustig Park Disc Golf Club will prove to be a wonderful
volunteer organization assisting the city with all facets of disc golf course maintenance,
programming, and improvement. We look forward to the Friends assistance and
expertise in the successful operation of this popular community recreation facility as we
face financially challenging times ahead.
2
Resolution # 2011-793
A Resolution Authorizing the City Manager to Execute a Use Agreement with the
Friends of Lustig Park Disc Golf Club
WHEREAS, the City wishes to maintain and operate a disc golf course at Lustig Park as one of
its recreational facilities, within said County, known as ROCK; and
WHEREAS, the Friends of Lustig Park Disc Golf Club desires to assist the city with operation of
said disc golf course all upon the terms hereinafter set forth; and
WHEREAS, the Friends of Lustig Park Disc Golf Club are affiliated with the Community
Foundation of Southern Wisconsin; and
WHEREAS, all proceeds from their tournaments and sales of concessions will be put back into
disc golf course operation or amenities; and
WHEREAS, such use agreement contract, terms and conditions are permitted by law and the
Common Council is empowered to enter into such lease contract, pursuant to section 62.11(5)
and 62.22, Wisconsin Statutes, and
WHEREAS, it is in the best interest of the City of Janesville, the community and surrounding
area to execute and enter into a use agreement with the Friends of Lustig Park Disc Golf Club
for the maintenance and operation of said disc golf course; and
NOW THEREFORE BE IT RESOLVED by the Common Council of the City of Janesville that it
hereby authorizes the City Manager or his representative to execute and enter into, on behalf of
the City of Janesville, a use agreement to help maintain and operate the Lustig Park Disc Golf
Course, and
BE IT FURTHER RESOLVED by the Common Council that the City Manager or his
representative is hereby authorized to negotiate, renew, extend, and execute such documents,
papers, agreements, and forms, to take whatever other actions, and to make whatever minor
changes to the lease contract and such documents, papers, agreements, and forms as the City
Manager or his representative may, from time to time, find necessary, desirable and/or
beneficial to effectuate the lease contract and/or the intent of this resolution on the City’s behalf.
ADOPTED: Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
McDonald
Perrotto
Eric J. Levitt, City Manager
Rashkin
Steeber
ATTEST:
Truman
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by: City Manager’s Office
Prepared by: Parks Director
USE AGREEMENT BETWEEN THE CITY OF JANESVILLE AND
THE LUSTIG PARK DISC GOLF CLUB
CITY OF JANESVILLE
This agreement is made between the , a municipal corporation,
“CITY”THE FRIENDS OF LUSTIG PARK DISC GOLF
hereinafter referred to as , and
CLUB“THE FRIENDS”
, hereinafter referred to as
WHEREAS
, the City leases land in the City of Janesville, Rock County,
Wisconsin known as Lustig Park from the State of Wisconsin Department of Public
Instruction, through a 30 year lease agreement in effect until October 31, 2017 and
subject to another 30 year lease renewal; and
WHEREAS
, within the 32.14 acres of Lustig Park are recreational improvements
including a public river shoreline, playground, restrooms, picnic pavilion, and a disc golf
course; and
WHEREAS
, the 18 hole Lustig Disc Golf Course was designed and constructed,
between 2001 and 2003, with volunteer time and donated materials, and supported with
volunteer maintenance, so as to minimize the cost to the City; 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 the park and
the disc golf course while reducing City costs to maintain and operate this facility; and
WHEREAS
, the Common Council of the City of Janesville has authorized the
City Manager and City Clerk to execute an agreement with The Friends authorizing the
Friends to use the facility; and
WHEREAS
, the Friends of Lustig Park Disc Golf Club are associated with the
Community Foundation of Southern Wisconsin;
NOW, THEREFORE,
in consideration of the fulfillment of the obligations of the
IT IS MUTUALLY AGREED
parties hereinafter set forth, as follows:
1. Premises.
The City hereby permits the non-exclusive use of and lets
unto The Friends for the term and upon the conditions hereinafter set forth,
the 18 hole Lustig Park Disc Golf Course. The Friends understand that Lustig
Park and the disc golf course are public facilities open to all persons without
charge except with City approval for league or tournament.
2. Term of the Use Agreement.
The initial term of this agreement shall be for
two (2) years, commencing on April 1, 2011and ending on March 31, 2013.
The Friends, with mutual agreement from the City, may exercise their right to
extend this agreement for an additional two (2) years, thereby terminating on
March 31, 2015. Such notification shall occur not less than sixty (60) days
prior to the expiration of this agreement. At such extension time the parities
may agree to update this agreement if appropriate.
3. Use of Facility.
The City reserves the right to use the Disc Golf Course,
surrounding grounds, the maintenance garage, and the entire park for any
public purpose. Further if the State of Wisconsin Department of Public
Instruction or the City would cancel its lease agreement for Lustig Park this
agreement immediately becomes null and void.
4. Maintenance and Repairs.
The Friends shall assist with the
maintenance and repair of the disc golf course including: course signage,
baskets, tee pads, fairways, benches, and emptying trash containers when
needed. In addition the Friends will aid in the placement or relocation of
baskets as agreed upon by the City.
5. Basket Placement.
Disc golf baskets may annually be removed from the
course whenever it is necessary for the grass and grounds to be repaired or
recover from wear and tear. Such baskets will not be in place during the
spring thaw period or whenever grounds are soft and damage is likely.
6. Tournaments , Leagues, and Programs.
The Friends shall request
approval of the City for each and every event they wish to schedule and host
tournaments, leagues or programs. The City Recreation Division shall be
made aware of these activities at least two weeks in advance and may
require, at its own discretion, completion of special event forms or permits,
and submission of financial gain documentation.
7. Fund Raising.
The Friends will undertake lawful and appropriate fund
raising at the park with the intent of replacing all homemade disc golf baskets
with commercially made baskets, and adding tee signs and similar course
improvements. This effort will reduce maintenance and improve course
All funds raised by The Friends will be deposited into a not
playability.
for profit 501 ( c ) 3 organization account and will be reinvested back in
the Lustig disc golf course or otherwise into Lustig Park.
8. Notice of Course and Park Improvements.
Improvements or changes to
the Lustig Park Disc Golf Course or otherwise to Lustig Park must have prior
approval of the City. Communication by the Friends to the City will be well in
advance of the intended changes or improvements. The Friends will submit a
letter proposing significant changes or improvements prior to carrying them
out. In turn the City will inform the Friends in advance of any necessary
changes or improvements that may affect the park or the disc golf course.
9. Sponsorship and Advertisement.
Upon submission by the Friends for
review, the City may permit select placement of golf hole sponsorships or
business advertisement in Lustig Park. The City has the right to reject the
sponsorship of golf holes or park benches which are not in the best interest of
the public. The City and the Friends will agree upon the text, design, and
materials used for all sponsored improvements. Revenue for all such sales
must be properly accounted for and all proceeds must be utilized for the direct
improvement or repair of Lustig Park and/or the disc golf course.
10. Food Concessions and Sale of Disc Golf Equipment or merchandise.
The Friends are permitted to vend food concessions approved by the Rock
County Health Department provided such foods and beverages are
dispensed in a sanitary manner according to the county, city and state laws.
No perishable food may be stored in the park. Disc golf related equipment
may be sold so long as it is reasonably priced and appropriate for use and
display by the general public. The Friends are responsible to apply for, obtain,
maintain and paying for all licenses and permits and shall at all times comply
with all laws. Revenue for all such sales must be properly accounted for and
all proceeds must be utilized for the direct improvement or repair of Lustig
Park and/or the disc golf course.
11. Storage.
The Friends will be provided a select few copies of the key to the
Lustig Park maintenance and storage garage and will be allowed to share the
space with the City of Janesville. They may only store safe and appropriate
disc golf equipment and repair materials in this storage garage. The City is
not in any way responsible for the loss or placement of any personal property
or possessions stored by the Friends in this garage.
12. Indemnification.
The Friends 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 or indirectly
arising from Friends act and/ or omissions of whatsoever kind or nature and
those of each and every Friends 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.
13. Cancelation of Use Agreement.
The city or the Friends may cancel this
use agreement with a 90 day verbal or written notice. Any and all remaining
proceeds associated with this use agreement must be used to improve Lustig
Park and/or the disc golf course.
14. Signing of Use Agreement.
By signing this Lease Agreement, the
Friends President and Vice President hereby attest and certify that they are
duly authorized by the Friends of Lustig Park to enter into this Lease
Agreement on behalf of and so bind the Friends group.
IN WITNESS WHEREOF,
the parities have hereunto set their hands and
seals this __________ of _________ (day and month) of 2011.
CITY OF JANESVILLE FRIENDS OF LUSTIG PARK
_____________________________ _____________________________
Eric Levitt, City Manager Mike Brose, President
City of Janesville Friends of Lustig Park Disc Golf Club
______________________________ _____________________________
Jean Wulf, City Clerk Treasurer Robert E. Lee, Vice President
City of Janesville Friends of Lustig Park Disc Golf Club
APPROVED AS TO FORM:
_____________________________,
Waldemar Klinczyk, City Attorney
City of Janesville
CITY ATTORNEY’S OFFICE MEMORANDUM
March 31, 2011
TO: City Council
FROM: Tim Wellnitz, Assistant City Attorney
SUBJECT: Consideration and action on a claim for unlawful taxes in the amount of
$1,860.93 for the year 2010 from St. Peter’s Lutheran Church regarding
property located at 1315 Putnam
Staff Recommendation
The City Assessor recommends denying and disallowing the claim as he does not
believe that the proper exemption paperwork was filed by March 1, 2010. St. Peter’s
Lutheran Church believes that the paperwork was filed on time and therefore should be
exempt from general property taxes and there is nothing to refute their claim.
City Attorney Wald Klimczyk’s Recommendation
Based upon the particular facts and circumstances, City Attorney Wald Klimczyk
recommends that the Common Council accept and approve this claim.
City Manager’s Recommendation
Based on the facts and City Attorney’s Office’s recommendation, I concur with the City
Attorney’s recommendation.
Suggested Motion
Here are two suggested motions that the Council could adopt:
1. I move to allow the claim in the amount of $1,860.93 from St. Peter’s Lutheran
Church regarding property located at 1315 Putnam.
2. I move to deny and disallow the claim from St. Peter’s Lutheran Church
regarding property located at 1315 Putnam.
Background
St. Peter’s Lutheran Church has submitted a claim in the amount of $1,860.93 under
Wis. Stat. § 74.35 regarding the collection of unlawful taxes for the year 2010 for
property located at 1315 Putnam. Property is presumed to be taxable and the burden of
proof is on the property owner who is claiming an exemption. Property is exempt from
general property taxes under Wis. Stat. § 70.11(4) if owned by churches or religious
associations “including property owned and used for housing for pastors and their
ordained assistants, members of religious orders and communities, and ordained
teachers, whether or not contiguous to and a part of other property owned and used by
such associations or churches.” St. Peter’s obtained ownership of the property in 2007
and says that the property has been used exclusively as the residence for their pastor
since February 2009.
1
Since the property was not previously exempt a request for an exemption on a form
designated by the Wisconsin Department of Revenue was required to be filed with the
Assessor by the property owner by March 1, 2010 under Wis. Stat. § 70.11. St. Peter’s
believes that this paperwork was submitted in January 2010 and therefore the property
should be exempt from general property taxes for 2010. The Assessor has no record of
this paperwork being received. The Assessor has made an honest attempt to determine:
A) if his office received an application and subsequently misplaced it or B) his office
never received one. He cannot prove either to be the case nor can St. Peter’s. Thus it is
not clear whether the property tax exemption request was submitted by the March 1,
2010 deadline or not. Along with this claim, St. Peter’s has provided a property tax
exemption request form that is filled out and dated January 24, 2011 along with other
documentation relating to the property which is referred to as “updated documentation.”
These documents are attached for your reference. The Assessor has reviewed those
documents along with supplemental information since received from St. Peter’s. He’s
determined that, pending field verification of the actual use of the property, exemption
will be granted for 2011.
Analysis
Wisconsin statutes require general property taxes to be imposed unless an exemption
applies. The property owner has the burden to prove that an exemption applies and
must submit to the Assessor by March 1 a form designated by the Wisconsin
Department of Revenue which requests this exemption. The City Council shall
determine whether or not the property owner has proven that the property is exempt
from general property taxes and has submitted the required form designated by the
Wisconsin Department of Revenue by the March 1, 2010 deadline. If this burden has
been met by the property owner then the claim should be allowed in the amount of
$1,860.93. If this burden has not been met by the property owner then the claim should
be denied and disallowed.
cc: Eric Levitt, City Manager
Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services
2
NEIGHBORHOOD SERVICES MEMORANDUM
March 30, 2011
TO: City Council
FROM: Kelly Lee, Neighborhood Development Specialist
SUBJECT: Action on a proposed Resolution Authorizing the Acquisition and
Demolition of Real Property Located at 1909 Joseph Street for
Open Green Space. (File Resolution 2011-777)
Summary
In November of 2009, the City Council authorized the administration to submit an
amendment to the Community Development Block Grant-Emergency Assistance
(CDBG-EAP) Grant to include the acquisition of the properties that were
damaged by the 2008 flood, but were not eligible for the Hazard Mitigation Grant
Program or the first round of the CDBG-EAP Grant. The City of Janesville
currently has a contract with the State of Wisconsin Department of Commerce for
administration of this grant. Staff has negotiated an offer to purchase for the
property located at 1909 Joseph Street.
Department Recommendation
The Plan Commission and the Neighborhood Services Department recommend
that the City Council support a motion to approve Resolution 2011-777
authorizing the acquisition and demolition of real property located at 1909 Joseph
Street.
City Manager Recommendation
The City Manager concurs with the Plan Commission and Neighborhood
Services Department.
Suggested Motion
I move to approve file resolution 201-777 authorizing the acquisition and
demolition of real property located at 1909 Joseph Street for open green space at
a price not to exceed $90,000 through the Community Development Block Grant-
Emergency Assistance Program.
Background
In June of 2008, the City of Janesville experienced a flood level greater than the
Intermediate Regional Flood (100 year event). The 2008 event was the largest
flood event on record in the City of Janesville. Hundreds of residents were
evacuated, city buildings and infrastructure were damaged and dozens of
businesses were forced to close their doors.
1
Following the June 2008 flood, the City of Janesville submitted a grant
application for the potential acquisition of 11 substantially damaged properties in
Mole & Sadler’s Addition under the Federal Hazard Mitigation Grant Program.
Grant funding was approved by FEMA for the acquisition and demolition of 8 of
those properties. Three properties included in the grant were removed from the
application by Wisconsin Emergency Management due to environmental
concerns related to groundwater contamination on the sites. Those properties
have since been acquired through the Community Development Block Grant-
Emergency Assistance Program (CDBG-EAP) and the structures have been
demolished.
In September of 2010, the City of Janesville was awarded an additional $300,000
in CDBG-EAP funding to be used to acquire residential properties located within
the floodplain that did not qualify for any previous grant program because they
were not substantially damaged. The property located at 1909 Joseph Street is
one such property. During the 2008 flood event, this property was not declared
substantially damaged, but it did sustain some damage and the occupants
needed to be vacated from the property due to lack of sewer and water and
access to the property. Staff anticipates this to be the last property that the City
of Janesville will acquire under this program.
Similar to the Hazard Mitigation Grant Program rules, offers to purchase are
based on a pre-flood appraisal minus any duplication of benefits including
insurance and FEMA assistance. Using this formula, the offer to purchase for
1909 Joseph Street is $90,000.
The participation in this “Buy-Out” is completely voluntary and the citizens could
choose to terminate negotiations with the city at any time. The grant requires that
acquired properties be demolished and left in open green space in perpetuity. As
with the rest of the properties that have been acquired from the floodplain
through these programs, prairie grass will be planted as a way to reduce ongoing
maintenance of the area.
For health and safety reasons the Grant prohibits a structure, or any part of the
structure, which has incurred flood damages be salvaged.
The Community Development Block Grant-Emergency Assistance Program does
not have a local match requirement for acquisition, demolition or site restoration.
Analysis
A. The properties are located in a flood plain
B. The structures are currently vacant.
C. The properties are considered unbuildable at this time.
D. The acquisition and demolition is funded by the Community Development
Block Grant-Emergency Assistance Program (CDBG-EAP)
2
E. The City Council approved the amendment to the CDBG-EAP at the
November 23, 2009 meeting.
F. The properties will be left as permanent open green space and under City
Ownership.
G. The acquisition and demolition projects are consistent with the City of
Janesville’s Comprehensive Plan.
PLAN COMMISSION MINUTES
Duane Cherek, Manager of Planning Services, presented the written staff report.
There was no discussion.
There was a motion by Commissioner Adams with a second by Commissioner
Perrotto to forward the proposed acquisition to the City Council with a favorable
recommendation noting that the Plan Commission has not reviewed the financial
aspects of this transaction.
The motion carried on a 6-0-0 vote.
cc: Eric Levitt, City Manager
Jay Winzenz, Director of Administration
Jennifer Petruzzello, Neighborhood Services Director
3
RESOLUTION NO. 2011-777
A RESOLUTION AUTHORIZING THE ACQUISITION AND DEMOLITION OF REAL PROPERTY
LOCATED AT 1909 JOSEPH STREET.
WHEREAS
, Wis. Stats. §§ 62.22 (1), 62.23 (17) (a), 62.23 (17) (b), 66.0101, 62.11(5) and Chapter 32
and other pertinent Wisconsin Statutes permit the City of Janesville’s acquisition, development,
improvement, ownership, protection, and conservation of parkland, open space, green space,
riverfront properties, and development properties; and
WHEREAS,
the City of Janesville has applied for and been awarded funding through the Community
Development Block Grant (CDBG-EAP) grant to acquire and demolish properties that were not
substantially damaged in the 2008 Flood Event (Disaster Declaration FEMA-1768-DR-WI) yet are
located within the flood plain; and
WHEREAS
, the Community Development Block Grant-Emergency Assistance Program (CDBG-EAP)
grant may be used for the acquisition, demolition, razing, and removal of the improvements upon the
property located at 1909 Joseph Street; and
WHEREAS
, Wisconsin Department of Commerce has accepted the Emergency Management
approved pre-flood property appraisals and has calculated the offer to purchase amounts based on
pre-flood property values minus any duplication of benefits including FEMA assistance, insurance,
and other assistance programs; and
WHEREAS
, the City of Janesville has received a binding offer to sell contingent upon City Council
approval of Ninety Thousand and 00/100 Dollars ($90,000.00) for the property located at 1909
Joseph Street; and
WHEREAS
, the Community Development Block Grant-Emergency Assistance Program requires that
acquired properties remain in open green space and under City ownership in perpetuity; and
WHEREAS
, the Janesville Plan Commission has reviewed this proposed acquisition on April 4, 2011
and found it to be consistent with long range City plans, but not commenting upon the financial
aspects of the transaction; and
WHEREAS
, the Common Council hereby find this acquisition is in the best interest of the public and
for the benefit of the community; and
WHEREAS
, the funding source for the acquisition and demolition is Community Development Block
Grant-Emergency Assistance (CDBG-EAP) funds:
NOW, THEREFORE, BE IT RESOLVED
by the Common Council of the City of Janesville that they
hereby approve and authorize the City Manager and/or his designee(s), on behalf of the City of
Janesville, to acquire and close upon the City’s purchase of this Property from the owner(s) for the
purchase price and otherwise in the manner set forth in the above recitals, and to then use in
perpetuity the acquired property as open green spaces and otherwise in accord with all Program
rules; and
BE IT FURTHER RESOLVED
, that the City Manager and/or his designee(s) on behalf of the City of
Janesville is/are hereby authorized and empowered to negotiate, draft, modify, review, execute, and
enter into additional agreements, record, file and/or make minor modifications and/or amendments to
any and all documents, papers, forms, and agreements, and to take whatever other actions as the
City Manager may determine, from time to time and at any time, necessary and/or desirable to
effectuate the intent of this resolution and/or the public good.
ADOPTED: Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
McDonald
Eric J. Levitt, City Manager
Perrotto
Rashkin
ATTEST:
Steeber
Truman
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
City Attorney, Wald Klimczyk
Proposed by: Neighborhood Services
Prepared by: Neighborhood Services and City
Attorney
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1909 Joseph Street
DEPARTMENT OF PUBLIC WORKS MEMORANDUM
11 April 20011
TO: City Council
FROM: Mike Payne, Engineering Manager
SUBJECT: ACTION ON A PROPOSED PRELIMINARY RESOLUTION
FOR PUBLIC WORKS BID SCHEDULE “B” – 2011
AND SCHEDULE A PUBLIC HEARING FOR THE FINAL
RESOLUTION (FILE RES. NO. 2011-790) ON APRIL 25, 2011
Summary:
The City Council will consider attached Preliminary Resolution No. 2011-790 for an
assessable project on Bid Schedule “B”-2011 at the April 11 meeting. The Resolution
includes sewer and water extensions required prior to the Wisconsin Department of
Transportation constructing roadway improvements as part of the STH 26 improvement
project in 2012. By adopting this Preliminary Resolution, the City is declaring its intent to
assess the abutting properties benefited by these improvements.
Category I is water and sewer.
Category II is water main only.
Engineering Division Recommendation:
The Engineering Division recommends Preliminary Resolution No. 2011-790 be
adopted and the Final Resolution and public hearing be set for Monday, April 25, 2011.
City Manager’s Recommendation:
The City concurs with the Engineering Division Recommendation.
Suggested Motion:
I move to adopt Preliminary Resolution No. 2011-790 and set the Final Resolution and
public hearing for Monday, April 25, 2011.
Attachment
cc: Eric Levitt
Jay Winzenz
Carl Weber
SEWER AND WATER ASSESSMENTS FOR CONTRACT 2011-10 11 APRIL 2011
RESOLUTION NO. 2011-790 PAGE (1) OF (4)
PRELIMINARY RESOLUTION
PRELIMINARY 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. WATER AND SEWER
All Property Fronting
Upon Each Side Of From To
N. Wright Road John Paul Road 500’ Southeast of John Paul Road
Future McCormick Drive Milton Avenue (STH 26) 800’ Southeast of Milton Avenue
Future Fox Hills Court Fox Hills Drive 225’ Northwest of Fox Hills Drive
II. WATER MAIN ONLY
All Property Fronting
Upon Each Side Of From To
Future Huntinghorne Drive Future McCormick Drive 250’Southwest of McCormick Drive
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.
SEWER AND WATER ASSESSMENTS FOR CONTRACT 2011-10 11 APRIL 2011
PRELIMINARY RESOLUTION NO. 2011-790 PAGE (2) OF (4)
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
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
SEWER AND WATER ASSESSMENTS FOR CONTRACT 2011-10 11 APRIL 2011
PRELIMINARY RESOLUTION NO. 2011-790 PAGE (3) OF (4)
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.
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.
SEWER AND WATER ASSESSMENTS FOR CONTRACT 2011-10 11 APRIL 2011
PRELIMINARY RESOLUTION NO. 2011-790 PAGE (4) OF (4)
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: 03/28/11
VOSKUIL
Wald Klimczyk, City Attorney
Proposed by: Engineering Division
Prepared by: Engineering Division
ADMINISTRATIVE SERVICES MEMORANDUM
April 4, 2011
TO: City Council
FROM: Patty Lynch, Comptroller
SUBJECT: Action on a Proposed Resolution Authorizing the Issuance and
Sale of Up to $986,325 Sewerage System Revenue Bonds, Series
2011 and Providing for Other Details and Covenants with Respect
Thereto (File Resolution # 2011-791)
Summary
On July 12, 2010 the City Council authorized the City Manager to apply for a low
interest loan from the Wisconsin Department of Natural Resources Clean Water
Fund Loan Program for the purpose of funding certain improvements to the
Wastewater Utility-sanitary sewer system (Resolutions 2010-713 and 2010-714).
This loan will fund contracts C2010 with Visu-Sewer, Inc. (Sanitary Sewer Lining
and Point Repairs) and C2010-12 with Musson Brothers, Inc. (Sanitary Sewer
Lateral Lining) awarded by Council at the August 9, 2010 meeting. These
projects have an estimated total cost of $1,026,720 which includes design,
construction, and construction management. Funding for the project is proposed
to be provided by the clean water fund loan ($986,325) and the Wastewater
Utility operating budget ($40,395).
Recommendation
The Administrative Services Department recommends the City Council approve
Resolution No. 2011-791 authorizing the issuance and sale of up to $986,325 in
Sewer System Revenue Bonds.
City Manager Recommendation
The City Manager concurs with the Administrative Services Department
recommendation.
Suggested Motion:
Move to approve Resolution No. 2011-791 authorizing the issuance and sale of
up to $986,325 in Sewer System Revenue Bonds.
Background
The clean water fund loan is a revenue pledge for the wastewater utility. The loan
has subsidized low interest rate of 2.40% and a repayment period of 20 years.
1
The current wastewater rates as adjusted on January 1, 2010 are sufficient to
provide funding for the annual debt service payment.
Following the adoption of this resolution, the City Manager will enter into a
Financial Assistance Agreement with the WDNR which lays out the terms and
conditions of the Clean Water Fund Program. The loan is disbursed on a
reimbursement basis based on the Utility’s actual costs. The closing date is
scheduled for May 11, 2011, and the City will receive the first reimbursement on
this date.
/Attachments
cc: Jacob J, Winzenz, Director of Admin. Services / Assistant City Manager
Eric J. Levitt, City Manager
2
RESOLUTION NUMBER 2011-791
RESOLUTION AUTHORIZING THE ISSUANCE AND
SALE OF UP TO $986,325 SEWERAGE SYSTEM
REVENUE BONDS, SERIES 2011 AND PROVIDING FOR OTHER
DETAILS AND COVENANTS WITH RESPECT THERETO
WHEREAS, CITY OF JANESVILLE, Rock County, Wisconsin (the “Municipality”)
owns and operates a sewerage system (the “System”) which is operated for a public purpose as a
public utility by the Municipality; and
WHEREAS, certain improvements to the System are necessary to meet the needs of the
Municipality and the residents thereof, consisting of the construction of a project (the “Project”)
assigned Clean Water Fund Program Project No. 4335-10 by the State of Wisconsin Department
of Natural Resources (the “Department of Natural Resources”), and as defined in Department of
Natural Resources approval letter for the plans and specifications, or portions thereof, issued
under Wis. Stat. Section 281.41; dated August 2, 2010, and assigned number S-2010-0539; and
WHEREAS, under the provisions of Chapter 66 of the Wisconsin Statutes any
municipality may, by action of its governing body, provide for purchasing, acquiring,
constructing, extending, adding to, improving, operating and managing a public utility from the
proceeds of bonds, which bonds are to be payable only from the revenues received from any
source by such utility, including all rentals and fees; and
WHEREAS, the Municipality has previously issued its (i) $346,280 Sewerage System
Revenue Bonds, Series 1992A (the “1992 Bonds”), which were authorized by the 1992
Resolution (as defined in Section 1), (ii) $532,330 Sewerage System Revenue Bonds, Series
1996 (the “1996 Bonds”) which were authorized by the 1996 Resolution (as defined in Section
1), (iii) $1,187,437 Sewerage System Revenue Bonds, Series 1998 (the “1998 Bonds”) which
were authorized by the 1998 Resolution (as defined in Section 1); (iv) $306,292 Sewerage
System Revenue Bonds, Series 2000 (the “2000 Bonds”), which were authorized by the 2000
Resolution (as defined in Section 1); (v) $1,100,828 Sewerage System Revenue Bonds, Series
2001 (the “2001 Bonds”), which were authorized by the 2001 Resolution (as defined in Section
1); (vi) $2,032,973 Sewerage System Revenue Bonds, Series 2004 (the “2004 Bonds”), which
were authorized by the 2004 Resolution (as defined in Section 1); and (vii) $27, 212,000
Sewerage System Revenue Bonds, Series 2010 (the “2010 Bonds” and, collectively with the
1992 Bonds, the 1996 Bonds, the 1998 Bonds, the 2000 Bonds, the 2001 Bonds and the 2004
Bonds, the “Prior Bonds”) which were authorized by the 2010 Resolution (as defined in Section
1 and, collectively with the 1992 Resolution, the 1996 Resolution, the 1998 Resolution, the 2000
Resolution, the 2001 Resolution and the 2004 Resolution, the “Prior Resolutions”); and
WHEREAS, the Prior Resolutions permit the issuance of additional bonds on a parity
with the Prior Bonds upon certain conditions, and those conditions have been met with respect to
the issuance of bonds pursuant to this resolution; and
4844-7403-7769.2
WHEREAS, the Municipality deems it to be necessary, desirable and in its best interest
to authorize and sell sewerage system revenue bonds of the Municipality payable solely from the
revenues of the System, pursuant to the provisions of Section 66.0621 of the Wisconsin Statutes,
to pay the cost of the Project; and
WHEREAS, other than “preliminary expenditures” as defined in the Treas. Reg. 26
C.F.R. 1.150-2 in an amount not exceeding 20% of the principal amount of the bonds authorized
to be issued by this resolution, or other than a “de minimis” amount as defined in Treas. Reg. 26
C.F.R. 1.150-2 in an amount not exceeding the lesser of $100,000 or 5% of the principal amount
of the bonds authorized to be issued by this resolution, all of the proceeds loaned to the
Municipality will be used for Project costs paid by the Municipality subsequent to (i) the date
which is 60 days prior to the date on which the Municipality adopted a “declaration of intent”
pursuant to Treas. Reg. 26 C.F.R. 1.150-2 stating its intent to reimburse other funds of the
Municipality previously used to finance the Project, or (ii) the date on which the bonds
authorized herein are issued; and
WHEREAS, other than the Prior Bonds, no bonds or obligations payable from the
revenues of the System are now outstanding;
NOW, THEREFORE, be it resolved by the Governing Body of the Municipality that:
Section 1. Definitions
. The following terms shall have the following meanings in this
Resolution unless the text expressly or by implication requires otherwise:
“Act” means Section 66.0621 of the Wisconsin Statutes;
“Bond Registrar” means the Municipal Treasurer, who shall act as Paying Agent for the
Bonds;
“Bonds” mean the $986,325 Sewerage System Revenue Bonds, Series 2011 of the
Municipality dated their date of issuance, authorized to be issued by this Resolution;
“Bond Year” means the twelve-month period ending on each May 1;
“Current Expenses” means the reasonable and necessary costs of operating, maintaining,
administering and repairing the System, including salaries, wages, costs of materials and
supplies, insurance, and audits, but shall exclude depreciation, debt service, tax equivalents and
capital expenditures;
“Debt Service Fund” means the Debt Service Fund of the Municipality, which shall be
the “special redemption fund” as such term is defined in the Act;
“Financial Assistance Agreement” means the Financial Assistance Agreement by and
between the State of Wisconsin by the Department of Natural Resources and the Department of
Administration and the Municipality pursuant to which the Bonds are to be issued and sold to the
State, substantially in the form attached hereto and incorporated herein by reference;
“Fiscal Year” means the twelve-month period ending on each December 31;
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4844-7403-7769.2
“Governing Body” means the City Council, or such other body as may hereafter be the
chief legislative body of the Municipality;
“Municipality” means City of Janesville, Wisconsin;
“Municipal Treasurer” means the Treasurer of the Municipality, who shall act as Bond
Registrar and Paying Agent;
“Net Revenues” means the gross earnings of the System after deduction of Current
Expenses; gross earnings shall include earnings of the System derived from sewerage charges
imposed by the Municipality, all payments to the Municipality under any wastewater treatment
service agreements between the Municipality and any contract users of the System, and any other
monies received from any source including all rentals and fees and any special assessments
levied and collected in connection with the Project;
“1992 Bonds” means the Sewerage System Revenue Bonds, Series 1992A, issued
pursuant to the 1992 Resolution;
“1996 Bonds” means the Sewerage System Revenue Bonds, Series 1996, issued pursuant
to the 1996 Resolution;
“1998 Bonds” means the Sewerage System Revenue Bonds, Series 1998, issued pursuant
to the 1998 Resolution;
“2000 Bonds” means the Sewerage System Revenue Bonds, Series 2000, issued pursuant
to the 2000 Resolution;
“2001 Bonds” means the Sewerage System Revenue Bonds, Series 2001, issued pursuant
to the 2001 Resolution;
“2004 Bonds” means the Sewerage System Revenue Bonds, Series 2004, issued pursuant
to the 2004 Resolution;
“2010 Bonds” means the Sewerage System Revenue Bonds, Series 2010, issued pursuant
to the 2010 Resolution;
“1992 Resolution” means the resolution passed on September 10, 1992 authorizing the
issuance of the 1992 Bonds;
“1996 Resolution” means the resolution passed May 20, 1996 authorizing the issuance of
the 1996 Bonds;
“1998 Resolution” means the resolution passed April 13, 1998 authorizing the issuance
of the 1998 Bonds;
“2000 Resolution” means the resolution passed April 10, 2000 authorizing the issuance
of the 2000 Bonds;
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4844-7403-7769.2
“2001 Resolution” means the resolution passed October 8, 2001, authorizing the issuance
of the 2001 Bonds;
“2004 Resolution” means the resolution passed March 8, 2004, authorizing the issuance
of the 2004 Bonds;
“2010 Resolution” means the resolution passed March 22, 2010, authorizing the issuance
of the 2010 Bonds;
“Parity Bonds” means bonds payable from the revenues of the System other than the
Bonds but issued on a parity and equality with the Bonds pursuant to the restrictive provisions of
Section 11 of this Resolution;
“Prior Bonds” means the 1992 Bonds, the 1996 Bonds, the 1998 Bonds, the 2000 Bonds,
the 2001 Bonds, the 2004 Bonds and the 2010 Bonds;
“Project” means the Project described in the preamble to this Resolution. All elements of
the Project are to be owned and operated by the Municipality as part of the System as described
in the preamble hereto;
“Record Date” means the close of business on the fifteenth day of the calendar month
next preceding any principal or interest payment date; and
“System” means the entire sewerage system of the Municipality, specifically including
that portion of the Project owned by the Municipality and including all property of every nature
now or hereafter owned by the Municipality for the collection, transmission, treatment and
disposal of domestic and industrial sewerage and waste, including all improvements and
extensions thereto made by the Municipality while any of the Bonds and Parity Bonds remain
outstanding, including all real and personal property of every nature constituting part of or used
or useful in connection with such sewerage system and including all appurtenances, contracts,
leases, franchises, and other intangibles.
Section 2. Authorization of the Bonds and the Financial Assistance Agreement
. For
the purpose of paying the cost of the Project (including legal, fiscal, engineering and other
expenses), there shall be borrowed on the credit of the income and revenue of the System up to
the sum of $986,325; and fully registered revenue bonds of the Municipality are authorized to be
issued in evidence thereof and sold to the State of Wisconsin Clean Water Fund Program in
accordance with the terms and conditions of the Financial Assistance Agreement, which is
incorporated herein by this reference and the City Manager and the City Clerk of the
Municipality are hereby authorized, by and on behalf of the Municipality, to execute the
Financial Assistance Agreement.
Section 3. Terms of the Bonds
. The Bonds shall be designated “Sewerage System
Revenue Bonds, Series 2011” (the “Bonds”); shall be dated May 11, 2011; shall be numbered
one and upward; shall bear interest at the rate of 2.40% per annum, calculated on the basis of a
360-day year made up of twelve 30-day months; shall be issued in denominations of $0.01 or
any integral multiple thereof; and shall mature on the dates and in the amounts as set forth in
Exhibit B of the Financial Assistance Agreement. Interest on the Bonds shall be payable
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4844-7403-7769.2
commencing on November 1, 2011 and semiannually thereafter on May 1 and November 1 of
each year. The Bonds shall not be subject to redemption prior to maturity except as provided in
the Financial Assistance Agreement.
The schedule of maturities of the Bonds is found to be such that the amount of annual
debt service payments is reasonable in accordance with prudent municipal utility practices.
Section 4. Form, Execution, Registration and Payment of the Bonds
. The Bonds
shall be issued as registered obligations in substantially the form attached hereto as Exhibit A
and incorporated herein by this reference.
The Bonds shall be executed in the name of the Municipality by the manual signatures of
the City Manager and the City Clerk, and shall be sealed with its official or corporate seal, if any.
The principal of, premium, if any, and interest on the Bonds shall be paid by the
Municipal Treasurer, who is hereby appointed as the Municipality’s registrar (the “Bond
Registrar”).
Both the principal of and interest on the Bonds shall be payable in lawful money of the
United States of America by the Bond Registrar. Payment of principal of the final maturity on
the Bonds will be payable upon presentation and surrender of the Bonds to the Bond Registrar.
Payment of principal on the Bonds (except the final maturity) and each installment of interest
shall be made to the registered owner of each Bonds who shall appear on the registration books
of the Municipality, maintained by the Bond Registrar, on the Record Date and shall be paid by
electronic transfer or by check or draft of the Municipality and mailed to such registered owner
at his or its address as appears on such registration books or at such other address may be
furnished in writing to such registered owner to the Bond Registrar.
Section 5. Security for the Bonds
. The Bonds, together with interest thereon, shall not
constitute an indebtedness of the Municipality nor a charge against its general credit or taxing
power. The Bonds, together with interest thereon, shall be payable only out of the Debt Service
Fund hereinafter created and established, and shall be a valid claim of any holder thereof only
against such Debt Service Fund and the revenues of the System pledged to such fund on a parity
with the pledge granted to the holders of the Prior Bonds. Sufficient revenues are hereby
pledged to said Debt Service Fund, and shall be used for no other purpose than to pay the
principal of, premium, if any, and interest on the Bonds as the same becomes due.
Section 6. Funds and Accounts
. In accordance with the Act, for the purpose of the
application and proper allocation of the revenues of the System, and to secure the payment of the
principal of and interest on the Prior Bonds, the Bonds and Parity Bonds, certain funds of the
System were created and established pursuant to the 1992 Resolution are hereby continued and
shall be used solely for the following respective purposes:
(a)Revenue Fund, into which shall be deposited as received the entire gross
earnings of the System, which money shall then be divided among the Operation and
Maintenance Fund, the Debt Service Fund and the Surplus Fund in the amounts and in
the manner set forth in Section 7 hereof and used for the purposes described below.
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4844-7403-7769.2
(b)Operation and Maintenance Fund, which shall be used for the payment of
Current Expenses.
(c)Debt Service Fund, which shall be used for the payment of the principal
of, premium, if any, and interest on the Prior Bonds, the Bonds and any Parity Bonds as
the same becomes due.
(d)Surplus Fund, which shall first be used whenever necessary to pay
principal of, premium, if any, or interest on the Prior Bonds, the Bonds and Parity Bonds
when the Debt Service Fund shall be insufficient for such purpose, and thereafter shall be
disbursed as follows: (i) at any time, to remedy any deficiency in any of the Funds
provided in this Section 6 hereof; and (ii) money thereafter remaining in the Surplus Fund
at the end of any Fiscal Year may be transferred to any of the Funds or accounts created
herein or to reimburse the general fund of the Municipality for advances made by the
Municipality to the System or for any other lawful purpose.
Section 7. Application of Revenues
. After the delivery of the Bonds, the entire gross
earnings of the System shall be deposited as collected in the Revenue Fund and shall be
transferred monthly to the funds listed below in the following order of priority and in the manner
set forth below:
(a)to the Operation and Maintenance Fund, an amount equal to the estimated
Current Expenses for such month and for the following month (after giving affect to
available amounts in said Fund from prior deposits);
(b)to the Debt Service Fund, an amount equal to one-sixth of the next
installment of interest coming due on the Prior Bonds, the Bonds and any Parity Bonds
then outstanding and an amount equal to one-twelfth of the installment of principal of the
Prior Bonds, the Bonds and any Parity Bonds coming due during such Bond Year (after
giving affect to available amounts in said account from accrued interest, any premium or
any other source); and
(c)to the Surplus Fund, any amount remaining in the Revenue Fund after the
monthly transfers required above have been completed.
Transfers from the Revenue Fund to the Operation and Maintenance Fund, the Debt
Service Fund and the Surplus Fund shall be made monthly not later than the tenth day of each
month, and such transfer shall be applicable to monies on deposit in the Revenue Fund as of the
last day of the month preceding. Any other transfers and deposits to any Fund required or
permitted by subsection (a) through (c) of this Section, except transfers or deposits which are
required to be made immediately or annually, shall be made on or before the tenth day of the
month. Any transfer or deposit required to be made at the end of any Fiscal Year shall be made
within 60 days after the close of such Fiscal Year. If the tenth day of any month shall fall on a
day other than a business day, such transfer or deposit shall be made on the next succeeding
business day.
It is the express intent and determination of the Governing Body that the amounts
transferred from the Revenue Fund and deposited in the Debt Service Fund shall be sufficient in
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4844-7403-7769.2
any event to pay the interest on the Prior Bonds, the Bonds and any Parity Bonds as the same
accrues and the principal thereof as the same matures.
Section 8. Deposits and Investments
. The Debt Service Fund shall be kept apart from
moneys in the other Funds and Accounts and the same shall be used for no purpose other than
the prompt payment of principal of and interest on the Prior Bonds, the Bonds and any Parity
Bonds as the same becomes due and payable. All moneys therein shall be deposited in special
and segregated accounts in a public depository selected under Chapter 34 of the Wisconsin
Statutes and may be temporarily invested until needed in legal investments subject to the
provisions of Section 66.0603(1m) of the Wisconsin Statutes. The other funds herein created
(except the Sewerage System CWFP Project Fund) may be combined in a single account in a
public depository selected in the manner set forth above and may be temporarily invested until
needed in legal investments subject to the provisions of Section 66.0603(1m) of the Wisconsin
Statutes.
Section 9. Service to the Municipality
. The reasonable cost and value of services
rendered to the Municipality by the System by furnishing sewerage services for public purposes
shall be charged against the Municipality and shall, to the extent permitted by law, be paid in
monthly installments as the service accrues, out of the current revenues of the Municipality
collected or in the process of collection, exclusive of the revenues derived from the System; that
is to say, out of the tax levy of the Municipality made by it to raise money to meet its necessary
current expenses. The reasonable cost and value of such service to the Municipality in each year
shall be equal to an amount which, together with other revenues of the System, will produce in
each Bond Year Net Revenues equivalent to not less than the annual principal and interest
requirements on the Prior Bonds, the Bonds, any Parity Bonds, and any other debt obligations
payable from the revenues of the System then outstanding times the greater of (a) 110%, or
(b) the highest debt service coverage ratio required with respect to any debt obligations payable
from the revenues of the System then outstanding. However, such payment out of the tax levy
shall be subject to (i) approval of the Public Service Commission, or successors to its function, if
applicable, (ii) yearly appropriations therefor, and (iii) applicable levy limitations, if any; but
neither this Resolution nor such payment shall be construed as constituting an obligation of the
Municipality to make any such appropriation over and above the reasonable cost and value of the
services rendered to the Municipality and its inhabitants or to make any subsequent payment
over and above such reasonable cost and value.
Section 10. Operation of System; Municipality Covenants
. It is covenanted and
agreed by the Municipality with the owner or owners of the Bonds, and each of them, that the
Municipality will perform all of the obligations as set forth in the Financial Assistance
Agreement.
Section 11. Additional Bonds
. The Bonds are issued on a parity with the Prior Bonds.
No bonds or obligations payable out of the revenues of the System may be issued in such manner
as to enjoy priority over the Bonds. Additional obligations may be issued if the lien and pledge
is junior and subordinate to that of the Bonds. Parity Bonds may be issued only under the
following circumstances:
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4844-7403-7769.2
(a)Additional Parity Bonds may be issued for the purpose of completing the
Project and for the purpose of financing costs of the Project which are ineligible for
payment under the State of Wisconsin Clean Water Fund Program. However, such
additional Parity Bonds shall be in an aggregate amount not to exceed 20% of the face
amount of the Bonds; or
(b)Additional Parity Bonds may also be issued if all of the following
conditions are met:
(i)The Net Revenues of the System for the Fiscal Year immediately
preceding the issuance of such additional bonds must have been in an amount at
least equal to the maximum annual interest and principal requirements on all
bonds outstanding payable from the revenues of the System, and on the bonds
then to be issued, times the greater of (A) 1.10 or (B) the highest debt service
coverage ratio to be required with respect to the Additional Parity Bonds then to
be issued or on any debt obligations payable from the revenues of the System then
outstanding. Should an increase in permanent rates and charges, including those
made to the Municipality, be properly ordered and made effective during the
Fiscal Year immediately prior to the issuance of such additional bonds or during
that part of the Fiscal Year of issuance prior to such issuance, then Net Revenues
for purposes of such computation shall include such additional revenues as an
independent certified public accountant, consulting professional engineer or the
Wisconsin Public Service Commission may certify would have accrued during the
prior Fiscal Year had the new rates been in effect during that entire immediately
prior Fiscal Year.
(ii)The payments required to be made into the Funds enumerated in
Section 6 of this Resolution must have been made in full.
(iii)The Additional Parity Bonds must have principal maturing on
May 1 of each year and interest falling due on May 1 and November 1 of each
year.
(iv)The proceeds of the Additional Parity Bonds must be used only for
the purpose of providing extensions or improvements to the System, or to refund
obligations issued for such purpose.
Section 12. Sale of Bonds
. The sale of the Bonds to the State of Wisconsin Clean Water
Fund Program for the purchase price of up to $986,325, and at par, is ratified and confirmed; and
the officers of the Municipality are authorized and directed to do any and all acts, including
executing the Financial Assistance Agreement and the Bonds as hereinabove provided, necessary
to conclude delivery of the Bonds to said purchaser, as soon after adoption of this Resolution as
is convenient. The purchase price for the Bonds shall be paid upon requisition therefor as
provided in the Financial Assistance Agreement.
Section 13. Application of Bond Proceeds
. The proceeds of the sale of the Bonds shall
be deposited by the Municipality into a special fund designated as “Sewerage System CWFP
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4844-7403-7769.2
Project Fund.” The Sewerage System CWFP Project Fund shall be used solely for the purpose
of paying the costs of the Project (including capitalized interest, if any, on the Bonds) as more
fully described in the preamble hereof and in the Financial Assistance Agreement. Moneys in
the Sewerage System CWFP Project Fund shall be disbursed within three business days of their
receipt from the State of Wisconsin and shall not be invested in any interest-bearing account.
Section 14. Amendment to Resolution
. After the issuance of any of the Bonds, no
change or alteration of any kind in the provisions of this Resolution may be made until all of the
Bonds have been paid in full as to both principal and interest, or discharged as herein provided,
except: (a) the Municipality may, from to time, amend this Resolution without the consent of any
of the owners of the Bonds, but only to cure any ambiguity, administrative conflict, formal
defect, or omission or procedural inconsistency of this Resolution; and (b) this Resolution may
be amended, in any respect, with a written consent of the owners of not less than two-thirds of
the principal amount of the Bonds then outstanding, exclusive of Bonds held by the
Municipality; provided, however, that no amendment shall permit any change in the pledge of
revenues derived from the System or the maturity of any Bond issued hereunder, or a reduction
in the rate of interest on any Bond, or in the amount of the principal obligation thereof, or in the
amount of the redemption premium payable in the case of redemption thereof, or change the
terms upon which the Bonds may be redeemed or make any other modification in the terms of
the payment of such principal or interest without the written consent of the owner of each such
Bond to which the change is applicable.
Section 15. Defeasance
. When all Bonds have been discharged, all pledges, covenants
and other rights granted to the owners thereof by this Resolution shall cease. The Municipality
may discharge all Bonds due on any date by irrevocably depositing in escrow with a suitable
bank or trust company a sum of cash and/or bonds or securities issued or guaranteed as to
principal and interest by the U.S. government, or by a commission, board or other
instrumentality of the U.S. government, maturing on the dates and bearing interest at the rates
required to provide funds sufficient to pay when due the interest to accrue on each of said Bonds
to its maturity or, at the Municipality’s option, if said Bond is prepayable to any prior date upon
which it may be called for redemption, and to pay and redeem the principal amount of each such
Bond at maturity, or at the Municipality’s option, if said Bond is prepayable, at its earliest
redemption date, with the premium required for such redemption, if any, provided that notice of
the redemption of all prepayable Bonds on such date has been duly given or provided for.
Section 16. Rebate Fund
. Unless the Bonds are exempt from the rebate requirements of
the IRS of 1986, as amended, the Municipality shall establish and maintain a separate account
for the Bonds to be known as the “Rebate Fund.” The sole purpose of the Rebate Fund is to
provide for the payment of any rebate liability with respect to the Bonds under the relevant
provisions of the Internal Revenue Code of 1986, as amended (the “Code”), and the Treasury
Regulations promulgated thereunder (the “Regulations”). The Rebate Fund shall be maintained
by the Municipality until all required rebate payments with respect to the Bonds have been made
in accordance with the relevant provisions of the Code and the Regulations.
The Municipality hereby covenants and agrees that it shall pay to the United States from
the Rebate Fund, at the times and in the amounts and manner required by the Code and the
Regulations, the portion of the “rebate amount” (as defined in Section 1.148-3(b) of the
9
4844-7403-7769.2
Regulations) that is due as of each “computation date” (within the meaning of Section 1.148-3(e)
of the Regulations). As of the date of this Resolution, the provisions of the Regulations
specifying the required amounts of rebate installment payments and the time and manner of such
payments are contained in Sections 1.148-3(f) and (g) of the Regulations, respectively. Amounts
held in the Rebate Fund and the investment income therefrom are not pledged as security for the
Bonds or any parity bonds and may only be used for the payment of any rebate liability with
respect to the Bonds.
The Municipality may engage the services of accountants, attorneys or other consultants
necessary to assist it in determining the rebate payments, if any, owed to the Unites States with
respect to the Bonds. The Municipality shall maintain or cause to be maintained records of
determinations of rebate liability with respect to the Bonds for each computation date until
six years after the retirement of the last of the Bonds. The Municipality shall make such records
available to the State of Wisconsin upon reasonable request therefor.
Section 17. Resolution a Contract
. The provisions of this Resolution shall constitute a
contract between the Municipality and the owner or owners of the Bonds, and after issuance of
any of the Bonds no change or alteration of any kind in the provisions of this Resolution may be
made, except as provided in Section 14, until all of the Bonds have been paid in full as to both
principal and interest. The owner or owners of any of the Bonds shall have the right in addition
to all other rights, by mandamus or other suit or action in any court of competent jurisdiction, to
enforce such owner’s or owners’ rights against the Municipality, the Governing Body, and any
and all officers and agents thereof including, but without limitation, the right to require the
Municipality, its Governing Body and any other authorized body, to fix and collect rates and
charges fully adequate to carry out all of the provisions and agreements contained in this
Resolution.
Section 18. Continuing Disclosure
. The officers of the Municipality are hereby
authorized and directed, if requested by the State, to provide to the State of Wisconsin Clean
Water Fund Program (the “CWFP”) and to such other persons or entities as directed by the
CWFP such ongoing disclosure regarding the Municipality’s financial condition and other
matters, at such times and in such manner as the CWFP may require, in order that securities
issued by the Municipality and the CWFP satisfy rules and regulations promulgated by the
Securities and Exchange Commission under the Securities Exchange Act of 1934, as amended or
may be amended from time to time imposed on brokers and dealers of municipal securities
before the brokers and dealers may buy, sell, or recommend the purchase of such securities.
Section 19. Conflicting Resolutions
. All ordinances, resolutions (other than the Prior
Resolutions), or orders, or parts thereof heretofore enacted, adopted or entered, in conflict with
the provisions of this Resolution, are hereby repealed, and this Resolution shall be in effect from
and after its passage. In case of any conflict between this Resolution and the Prior Resolutions,
the Prior Resolutions shall control as long as the Prior Bonds are outstanding.
10
4844-7403-7769.2
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:
____________________________________
Wald Klimczyk, City Attorney
Proposed by: Accounting Division/Utility Director
Prepared by: Bond Counsel
11
4844-7403-7769.2
EXHIBIT A
FORM OF BOND
UNITED STATES OF AMERICA
REGISTERED REGISTERED
NO. R - 1 STATE OF WISCONSIN $986,325
COUNTY OF ROCK
CITY OF JANESVILLE
SEWERAGE SYSTEM REVENUE BONDS, SERIES 2011
Final Date of
Maturity Date Original Issue
May 1, 2031 May 11, 2011
REGISTERED OWNER: STATE OF WISCONSIN CLEAN WATER FUND PROGRAM
KNOW ALL MEN BY THESE PRESENTS that the City of Janesville, Rock County,
Wisconsin, (the “Municipality”) hereby acknowledges itself to owe and for value received
promises to pay to the registered owner shown above, or registered assigns, solely from the fund
hereinafter specified, the principal sum of an amount not to exceed $986,325 (but only so much
as shall have been drawn hereunder, as provided below) on May 1 of each year commencing
May 1, 2012 until the final maturity date written above, together with interest thereon (but only
on amounts as shall have been drawn hereunder, as provided below) from the dates the amounts
are drawn hereunder or the most recent payment date to which interest has been paid, at the rate
of 2.40% per annum, calculated on the basis of a 360-day year made up of twelve 30-day
months, such interest being payable on the first days of May and November of each year, with
the first interest being payable on November 1, 2011.
The principal amount evidenced by this Bond may be drawn upon by the Municipality in
accordance with the Financial Assistance Agreement entered by and between the Municipality
and the State of Wisconsin by the Department of Natural Resources and the Department of
Administration including capitalized interest transferred (if any). The principal amounts so
drawn shall be repaid in installments on May 1 of each year commencing on May 1, 2012 in an
amount equal to an amount which when amortized over the remaining term of this Bond plus
current payments of interest (but only on amounts drawn hereunder) at 2.40% per annum shall
result in equal annual payments of the total of principal and the semiannual payments of interest.
The State of Wisconsin Department of Administration shall record such draws and
corresponding principal repayment schedule on a cumulative basis in the format shown on the
attached Exhibit A.
4844-7403-7769.2
Both principal and interest hereon are hereby made payable to the registered owner in
lawful money of the United States of America. On the final maturity date, principal of this Bond
shall be payable only upon presentation and surrender of this Bond at the office of the Municipal
Treasurer. Principal hereof (except the final maturity) and interest hereon shall be payable by
electronic transfer or by check or draft dated on or before the applicable payment date and
mailed from the office of the Municipal Treasurer to the person in whose name this Bond is
registered at the close of business on the fifteenth day of the calendar month next preceding such
interest payment date.
The Bonds shall not be redeemable prior to their maturity, except with the consent of the
registered owner.
This Bond is transferable only upon the books of the Municipality kept for that purpose at
the office of the Municipal Treasurer, by the registered owner in person or its duly authorized
attorney, upon surrender of this Bond, together with a written instrument of transfer (which may
be endorsed hereon) satisfactory to the Municipal Treasurer, duly executed by the registered
owner or its duly authorized attorney. Thereupon a replacement Bond shall be issued to the
transferee in exchange therefor. The Municipality may deem and treat the person in whose name
this Bond is registered as the absolute owner hereof for the purpose of receiving payment of or
on account of the principal or interest hereof and for all other purposes. This Bond is issuable
solely as a negotiable, fully-registered bond, without coupons, and in denominations of $0.01 or
any integral multiple thereof.
This Bond is issued for the purpose of providing for the payment of the cost of
constructing improvements to the Sewerage System of the Municipality, pursuant to Article XI,
Section 3, of the Wisconsin Constitution, Section 66.0621, Wisconsin Statutes, and a resolution
adopted April 11, 2011, and entitled: “Resolution Authorizing the Issuance and Sale of up to
$986,325 Sewerage System Revenue Bonds, Series 2011 and Providing for Other Details and
Covenants with Respect Thereto”, and is payable only from the income and revenues derived
from the operation of the Sewerage System of the Municipality (the “Utility”). The Bonds are
issued on a parity with the Municipality’s Sewerage System Revenue Bonds, Series 1992A,
Series 1996, Series 1998, Series 2000, Series 2001, Series 2004 and Series 2010. This Bond
does not constitute an indebtedness of said Municipality within the meaning of any constitutional
or statutory debt limitation or provision.
It is hereby certified, recited and declared that all acts, conditions and things required to
exist, happen, and be performed precedent to and in the issuance of this Bond have existed, have
happened and have been performed in due time, form and manner as required by law; and that
sufficient of the income and revenue to be received by said Municipality from the operation of its
Utility has been pledged to and will be set aside into a special fund for the payment of the
principal of and interest on this Bond.
A-2
4844-7403-7769.2
IN WITNESS WHEREOF, the Municipality has caused this Bond to be signed by the
signatures of its City Manager and City Clerk, and its corporate seal (or a true facsimile thereof)
to be impressed (or imprinted) hereon, all as of the date of original issue specified above.
CITY OF JANESVILLE, WISCONSIN
[SEAL]
By
Name
Eric J. Levitt, City Manager
By
Name
Jean A. Wulf, City Clerk-Treasurer
A-3
4844-7403-7769.2
(FORM OF ASSIGNMENT)
FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
(Please print or typewrite name and address, including zip code, of Assignee).
Please insert Social Security or other identifying number of Assignee
, the within Bond, and all rights thereunder, hereby irrevocably
constituting and appointing Attorney to transfer said Bond on
the books kept for the registration thereof with full power of substitution in the premises.
Dated:
NOTICE: The signature to this assignment
must correspond with the name as it appears
upon the face of the within Bond in every
particular, without alteration or enlargement or
any change whatever.
Signature(s) guaranteed by:
A-4
4844-7403-7769.2
EXHIBIT A TO BOND FORM
$986,325
CITY OF JANESVILLE, WISCONSIN
SEWERAGE SYSTEM REVENUE BONDS, SERIES 2011
Amount of Date of Series of Principal Principal
Disbursement Disbursement Bonds Repaid Balance
A-5
4844-7403-7769.2
PRINCIPAL REPAYMENT SCHEDULE
Date Principal Amount
May 1, 2012 $ 39,002.00
May 1, 2013 39,938.05
May 1, 2014 40,896.57
May 1, 2015 41,878.08
May 1, 2016 42,883.16
May 1, 2017 43,912.35
May 1, 2018 44,966.25
May 1, 2019 46,045.44
May 1, 2020 47,150.53
May 1, 2021 48,282.14
May 1, 2022 49,440.91
May 1, 2023 50,627.50
May 1, 2024 51,842.56
May 1, 2025 53,086.78
May 1, 2026 54,360.86
May 1, 2027 55,665.52
May 1, 2028 57,001.49
May 1, 2029 58,369.53
May 1, 2030 59,770.40
May 1, 2031 61,204.88
4844-7403-7769.2
CITY MANAGER’S MEMORANDUM
March 28, 2011
TO: City Council
FROM: Eric J. Levitt
SUBJECT: Committee Appointments
Request
This is a request that the Council confirm the appointments of the Council President and
those of the Manager requiring confirmation.
Recommendation
I recommend the Council confirm the appointments of the Council President and those
of the Manager requiring confirmation.
Motion
I move to confirm the appointments of the Council President and those of the Manager
requiring confirmation.
Summary
Recently the Citizens Advisory Committee on Appointments met to make their
recommendations for citizen nominees to city boards, commissions and committees.
For Council President appointments,
Please find below their recommendations.
Council President Voskuil is appointing those recommended by the Committee.
For those under my purview, I am appointing those recommended by the
Committee.
The unapproved minutes of the Committee’s meeting, a listing of all citizens that
volunteered for each vacancy (fact sheets), and the application forms for those
recommended are included for your reference. Citizen appointments of the City
Manager not requiring Council confirmation are also included for your information.
Eligibility
To be eligible for an appointment to a standing committee, individuals must have
interest or knowledge in the committee’s subject matter. Some committees require
members to be city residents.
Recommendations for Council President Appointments (confirmed by entire
Council)
Council President Voskuil is appointing those recommended by the Committee.
Alcohol License Advisory Committee
1 vacancy (possible re-appointment – Scott Bordwell)
Scott Bordwell.
The Committee recommends
Cable Advisory Committee
1 vacancy (possible re-appointment – Wesley Davis)
1 vacancy (possible re-appointment – Renee Dommershausen)
Wesley Davis and Renee Dommershausen.
The Committee recommends
Citizen Advisory Committee on Appointments
1 vacancy (possible re-appointment – Dave Riemer)
1 vacancy (possible re-appointment – Mary Willmer-Sheedy)
1 vacancy (possible appointment from Alternate to Voting Member – Ron Combs)
1 vacancy (alternate)
Dave Riemer, Mary Willmer-Sheedy, Ron Combs and Ed
The Committee recommends
Pulliam (alternate).
Citizens Board of Review
1 vacancy (possible re-appointment – Brian Laatsch)
1 vacancy (possible appointment from Alternate to Voting Member – Nancy Kimball)
3 vacancies (alternate positions – Alternate #1, Alternate #2, Alternate #3)
Brian Laatsch, Nancy Kimball, Edward Chady
The Committee recommends
(alternate #1), Thomas Parsons (alternate #2), and Gary Wright (alternate #3).
Golf Course Advisory Committee
1 vacancy (possible re-appointment – Mary Conway)
1 vacancy (possible appointment from Alternate to Voting Member – Debi Doiel)
1 vacancy (alternate)
Mary Conway, Debi Doiel and Rick Berry (alternate).
The Committee recommends
Historic Commission
1 vacancy (possible re-appointment – Timothy Maahs)
1 vacancy
Timothy Maahs and James Dumke.
The Committee recommends
Ice Skating Center Advisory Committee
1 vacancy (possible re-appointment – Steven Eichman)
1 vacancy (possible re-appointment – Mardel Wien)
StevenEichman and Mardel Wien.
The Committee recommends Staff had verbal
confirmation from Steven Eichman that he would like to continue to be the school district’s
representative; however, no application was received in time for the committee meeting.
The Appointment Committee desired an application form be obtained from Steven
Eichman and confirmation from the school district that he should be the representative.
On March 23, staff received Steven Eichman’s application and received verbal
confirmation from the school district superintendent’s office that he should be the
representative.
Leisure Services Advisory Committee
3 vacancies
1 vacancy (possible re-appointment – Sandra Hendricks)
1 vacancy (possible re-appointment – Frank Dmuchowski, ice skating community
representative)
Sandra Hendricks, Frank Dmuchowski (ice skating
The Committee recommends
community representative), Benjamin Dobson, Dean Paynter, and Steven Knox
.
Council Policy 86 requires that when the Appointment committee recommends to the
Council a non-resident, the committee share information as to why that person was
selected. With Dean Paynter being a non-resident, the group explained their reason for
choosing him was his engagement in the county trail system.
Sustainable Janesville Committee
1 vacancy (possible re-appointment – Kevin Bishop)
1 vacancy (possible re-appointment – Allison Rollette)
Kevin Bishop and Allison Rollette.
The Committee recommends
Transportation Committee
2 vacancies
1 vacancy (possible re-appointment – Bradley Reents)
Bradley Reents, Jason Stout and Edwin James.
The Committee recommends
Recommendations for City Manager Appointments (confirmed by entire Council)
The City Manager is appointing those recommended by the Committee.
Library Board
1 vacancy (possible re-appointment – Randy Golackson)
1 vacancy (possible re-appointment – Kathryn Shebiel)
Randy Golackson and Kathryn Shebiel.
The Committee recommends
Zoning Board of Appeals
1 vacancy (possible appointment from Alternate #1 to Voting Member – Karen Curry)
1 vacancy (possible appointment from Alternate #2 to Alternate #1 – Kathleen Schulz)
1 vacancy (Alternate #2)
Karen Curry, Kathleen Schulz (alternate #1) and
The Committee recommends
Lonnie Coppernoll (alternate #2).
Recommendations for City Manager Appointments (no Council confirmation
needed)
Plan Commission and Police and Fire Commission members are appointed by the City
Manager and do not require City Council approval.
Plan Commission
I asked this committee to provide a recommendation regarding the Plan Commission
appointments.
2 vacancies
The Committee recommends Douglas Marklein. The Committee was unable to make
one recommendation for the second Plan Commission vacancy, and instead submitted
Douglas
two possible names, Christine Moore and Michael Rhodes. I am appointing
Marklein and Christine Moore.
Police and Fire Commission
While the Citizens Advisory Committee on Appointments is not officially authorized to
make recommendations for nominees to the Police and Fire Commission, I asked this
I agree with
committee to provide a recommendation regarding the PFC appointment.
their recommendation.
1 vacancy
Brent Boehlke.
The Committee recommends Brent Boehlke.I am appointing
Attachments:
3-18-11 unapproved minutes
Fact sheets
Applications for recommended volunteers
Record of Citizen Advisory Committee on Appointments
March 18, 2011
Page 1
Meeting of the City of Janesville Citizen Advisory Committee on Appointments held in the Municipal
Building room416 on March 18, 2011.
Committee Members Present:Ron Combs, Judith Detert-Moriarty, David Riemer, and Mary Willmer-
Sheedy
Committee MemberAbsent: Larry Squire
Staff Present: Rebecca Smith
Agenda Items
Roll Call
The meeting began at approximately 2:30PMwithCombs, Detert-Moriarty, Riemer and Willmer-
Sheedy present. Staff shared that Shena Kohler officially resigned from the committee.
Approval of January 26, 2011 meeting minutes
Detert-Moriarty motioned approval of the minutes. Riemerseconded the motion and the vote was 4-0-
0 in favor.
Selection of recommended nominees for the following Boards, Commissions and
Committees:
Alcohol License Advisory Committee
Following committee discussion, Combs motioned to recommend Scott Bordwellfill the voting
member vacancy. Detert-Moriarty seconded the motion and the vote was 3-0-1 in favor. Willmer-
Sheedy abstained from this vote.
Cable Advisory Committee
Following committee discussion, Detert-Moriarty motioned to recommend Wesley Davis and Renee
Dommershausen fill the voting member vacancies. Riemer seconded the motion and the vote was 4-
0-0 in favor.
Citizen Advisory Committee on Appointments
Following committee discussion, Combs motioned to recommend Dave Riemer fill the voting member
vacancy. Detert-Moriarty seconded the motion and the vote was 3-0-1 in favor. Dave Riemer
abstained from this vote.
Following committee discussion, Combs motioned to recommend Mary Willmer-Sheedy fill the voting
member vacancy. Detert-Moriarty seconded the motion and the vote was 3-0-1 in favor. Mary
Willmer-Sheedy abstained from this vote.
Following committee discussion, Detert-Moriarty motioned to recommend Ron Combs fill the voting
member vacancy. Riemer seconded the motion and the vote was 3-0-1 in favor. Ron Combs
abstained from this vote.
Following committee discussion, Riemer motioned to recommend Ed Pulliam fill the alternatemember
vacancy. Combs seconded the motion and the vote was 4-0-0 in favor.
Record of Citizen Advisory Committee on Appointments
March 18, 2011
Page 2
Citizens Board of Review
Following committee discussion, Combs motioned to recommend Brian Laatsch and Nancy Kimball
fill the voting member vacancies.Detert-Moriarty seconded the motion and the vote was 4-0-0 in
favor.
Following committee discussion, Riemer motioned to recommend Edward Chady fill the Alternate #1
vacancy. Combs seconded the motion and the vote was 4-0-0 in favor.
Following committee discussion, Riemer motioned to recommend Thomas Parsons fill the Alternate
#2 vacancy. Detert-Moriarty seconded the motion and the vote was 3-0-1 in favor. Willmer-Sheedy
abstained from this vote.
Following committee discussion, Riemer motioned to recommend Gary Wright fill the Alternate #3
vacancy. Detert-Moriarty seconded the motion and the vote was 4-0-0 in favor.
Golf Course Advisory Committee
Following committee discussion, Combs motioned to recommend Mary Conway and Debi Doiel fill the
voting member vacancies. Riemer seconded the motion and the vote was 4-0-0in favor.
Following committee discussion, Detert-Moriarty motioned to recommend Rick Berry fill the alternate
member vacancy. Riemer seconded the motion and the vote was 4-0-0 in favor.
Historic Commission
Following committee discussion, Combs motioned to recommend Timothy Maahs fill the voting
member vacancy. Riemer seconded the motion and the vote was 4-0-0 in favor.
Following committee discussion, Detert-Moriarty motioned to recommend James Dumke fill the voting
member vacancy. Riemer seconded the motion and the vote was 4-0-0 in favor.
Ice Skating Center Advisory Committee
Smith noted that staff had verbal confirmation from Steve Eichman that he would like to continue to
be the school district’s representative; however, no application has been received at this time.
Following committee discussion, Riemer motioned to recommend Steve Eichman and Mardel Wien fill
the voting member vacancies. For Eichman’s position, the Committee would like an application form
obtained and confirmation from the school district that he should be the representative. Combs
seconded the motion and the vote was 4-0-0 in favor.
Leisure Services Advisory Committee
Following committee discussion, Combs motioned to recommend Sandra Hendricks and Frank
Dmuchowski (ice skating community representative) fill the voting member vacancies. Detert-Moriarty
seconded the motion and the vote was 4-0-0 in favor.
Following committee discussion, Combs motioned to recommend Benjamin Dobson, Dean Paynter,
and StevenKnox fill the voting member vacancies. Detert-Moriarty seconded the motion and the vote
was 4-0-0 in favor. Council Policy 86 requires that when the Appointment committee recommends to
the Council a non-resident, the committee share information as to why that person was selected. With
Dean Paynter being a non-resident, the group explained their reason for choosing him was his
engagement in the county trail system.
Record of Citizen Advisory Committee on Appointments
March 18, 2011
Page 3
Library Board
Smith handed out an updated fact sheet indicating that one of the members is a non-resident.
Following committee discussion, Detert-Moriarty motioned to recommend Randy Golackson fill the
voting member vacancy. Combs seconded the motion and the vote was 3-0-1 in favor. Willmer-
Sheedy abstained from this vote.
Following committee discussion, Riemer motioned to recommend Kathryn Shebiel fill the voting
member vacancy. Detert-Moriarty seconded the motion and the vote was 4-0-0 in favor.
Plan Commission
Following committee discussion, Riemer motioned to recommend Douglas Marklein fill the voting
member vacancy. Detert-Moriarty seconded the motion and the vote was 4-0-0 in favor. The
Committee chose to review the second vacancy at the end of the meeting.
Police and Fire Commission
Following committee discussion, Detert-Moriarty motioned to recommend Brent Boehlke fill the voting
member vacancy. Riemer seconded the motion and the vote was 4-0-0 in favor.
Sustainable Janesville Committee
Following committee discussion, Combs motioned to recommend Kevin Bishop and Allison Rollette
fill the voting member vacancies. Detert-Moriarty seconded the motion and the vote was 4-0-0 in
favor.
Transportation Committee
Following committee discussion, Detert-Moriarty motioned to recommend Bradley Reents fill the
voting member vacancy. Combsseconded the motion and the vote was 4-0-0in favor.
Following committee discussion, Riemer motioned to recommend Jason Stoutand Edwin James fill
the voting member vacancies. Combs seconded the motion and the vote was 4-0-0 in favor.
Zoning Board of Appeals
Following committee discussion, Riemermotioned to recommend Karen Curryfill the voting member
vacancy and Kathleen Schulzfill the Alternate #1 vacancy. Detert-Moriarty seconded the motion and
the vote was 4-0-0 in favor.
Following committee discussion, Combs motioned to recommend Lonnie Coppernollfill the Alternate
#2 vacancy. Riemer seconded the motion and the vote was 4-0-0 in favor.
Plan Commission
The Committee came back to review the second Plan Commission vacancy after completing all of
their other work. The committee’s consensus was that two members were for recommending
Christine Moore, while the other two members present were for recommending Michael Rhodes for
the Plan Commission vacancy. After more discussion, the Committee decided to forward both names
to the City Manager and were comfortable with having him choose the member, as the City Manager
is ultimately the person that appoints citizens to the Plan Commission. Riemer motioned toforward
both Christine Moore and Michael Rhodes to the City Manager for the one Plan Commission
vacancy. Combs seconded the motion and the vote was 4-0-0 in favor.
Record of Citizen Advisory Committee on Appointments
March 18, 2011
Page 4
The meeting finishedat approximately 3:40PM.
These minutes are not official until approved by the Citizen Advisory Committee on Appointments.
Rebecca Smith, Management Assistant
Page 1
Fact Sheet for Alcohol License Advisory Committee
Purpose
The purpose of the committee is to advise the Council on applications for liquor and
related licenses by reviewing all alcohol license applications, renewals, and
amendments.
Vacancies(3-year term)
1 vacancy (possible re-appointment –Scott Bordwell)
Eligibility to Serve
To be eligible for an appointment to a committee, individuals must be a resident of the
City of Janesville and have interest or knowledge in the committee’s subject matter.
Volunteers should also be available to meet at the committee’s usual meeting time.
Current Members
NameAddressOccupation
Scott BordwellM & I Bank –Senior Vice
(possible re-appointment)3412 Woods Edge LanePresident
ATODA/CRES Coordinator –
Carrie Kulinski3225 Hampshire RoadSchool District of Janesville
515 North Garfield Business owner –Looking
Matthew Schreier AvenueGlass
921 North Garfield Department of Corrections –
Angela SmillieAvenueProbation & Parole Agent
George BrunnerRetired City of Janesville
(Councilmember)2423 Stonefield LaneChief of Police
Volunteers
NameAddressOccupation
Scott BordwellM & I Bank –Business
(possible re-appointment)
3412 Woods Edge LaneBanking Manager
Wesley Davis (possible re-
appointment to Cable
Advisory)4210 Castlemoor DriveRetired -Part-time Teacher
407 South Academy
Michael RhodesStreetDisabled
Gary Wright1202 Hamilton AvenueUnemployed -Manager
The applicants below indicated on their Committee Member Application Form a desire to serve
on “Any Committee”.
Wesley Davis
Michael Rhodes
Page 1
Fact Sheet for Citizen Advisory Committee on Appointments
Purpose
The purpose of this committee is to recommend to the City Manager and Council
President citizen nominees to municipal standing committees, commissions and boards.
Vacancies(3-year term)
1vacancy (possible re-appointment –Dave Riemer)
1 vacancy (possible re-appointment –Mary Willmer-Sheedy)
1 vacancy (possible appointment from Alternate to Voting Member –Ron Combs)
1 vacancy (alternate)
Eligibility to Serve
To be eligible for an appointment to a committee, individuals must be a resident of the
City of Janesville and have interest or knowledge in the committee’s subject matter.
Volunteers should also be available to meet at the committee’s usual meeting time.
Current Members
NameAddressOccupation
Judith Detert-Moriarty23 South Atwood AvenueArtist/Civic Activist
Rockford Park District –
Shena Kohler(resigned)1522 King StreetPolice Officer
David Riemer(possible
re-appointment)1208 Glen StreetHarris Ace Hardware
Larry Squire4245 Wilshire LaneJohnson Bank –Banker
Mary Willmer-Sheedy
(possible re-
appointment)3919 Park View DriveM & I Bank –Com.President
Ron Combs, Alternate
(possibleappointmentto Combs & Associates, Inc. –
voting member)
106 Glenview CourtLand Surveyor
Volunteers
NameAddressOccupation
Dean Health System –
Manager (Budgeting,
Forecasting and Financial
Edward Chady4329 Fox Hills DrivePlanning)
Ron Combs, Alternate
(possible appointmentto
Combs & Associates, Inc. –
voting member)106 Glenview CourtLand Surveyor
Wesley Davis (possible re-
appointment to Cable
Advisory)
4210 Castlemoor DriveRetired -Part-time Teacher
Page 2
NameAddressOccupation
1112 West Burbank
Joe Hoppenjan#208Disabled –odd jobs
313 South Harmony SelfEmployed –Real Estate
Ed PulliamDriveBroker
407 South Academy
Michael Rhodes StreetDisabled
David Riemer(possible re-Harris Ace Hardware –
appointment)
1208 Glen StreetPartner
Mary Willmer-Sheedy
(possible re-appointment)3919 Park View DriveM & I Bank –Com. President
The applicants below indicated on their Committee Member Application Form a desire to serve
on “Any Committee”.
Wesley Davis
Michael Rhodes
Page 1
Fact Sheet for Citizens Board of Review
Purpose
This board annually holdsa formal public hearing to review property owners' objections
regarding property assessments. The board listens to testimony from the Assessor's
Office and the property owner to determine if adjustments to property assessments are
appropriate.
Vacancies(5-year term)
1 vacancy (possible re-appointment –Brian Laatsch)
1 vacancy (possible appointment from Alternate to Voting Member –Nancy
Kimball)
3vacancies (alternate positions–Alternate #1, Alternate #2, Alternate #3)
With the next citywide revaluation planned for 2011, staff requested the number of
alternate members be increased from one to three. Staff also requested Mr. Laatsch
continue to serve on the Board. The City Managerapproved both of these requests.
Eligibility to Serve
To be eligible for an appointment to a committee, individuals must be a resident of the
City of Janesville and have interest or knowledge in the committee’s subject matter.
Volunteers should also be available to meet at the committee’s usual meeting time.
Current Members
NameAddressOccupation
Retired –Janesville School
Don Allison731 North Garfield AvenueDistrict Instructor
Retired –Janesville School
Jan Bruss(resigned)4016 Dorchester DriveDistrict
Nancy Kimball,
Alternate(possible
appointment to voting
Coldwell Banker Success –
member)510 Greendale DriveRealtor
Brian Laatsch (possible
re-appointmentfor one Management Consultant for
year)
1070 Laramie LaneHuman Services Agencies
Joe LeBeau2416 Riverview DriveRetired
M & I Bank –Assistant Vice
Jean Vining4101 Bordeaux DrivePresident
Page 2
Volunteers
NameAddressOccupation
Dean Health System –
Manager (Budgeting,
Forecasting and Financial
Edward Chady4329 Fox Hills DrivePlanning)
Wesley Davis (possible
re-appointment to Cable
Advisory)
4210 Castlemoor DriveRetired -Part-time Teacher
Nancy Kimball,
Alternate(possible
appointment to voting Century 21 Affiliated -
member)
510 Greendale DriveRealtor
Brian Laatsch(possible
re-appointment for one
Management Consultant for
year)1070 Laramie LaneHuman Services Agencies
M & I Bank –Beloit Branch
Thomas Parsons4114 East Rotamer RoadManager
Michael Rhodes407 South Academy StreetDisabled
Gary Wright1202 Hamilton AvenueUnemployed -Manager
The applicants below indicated on their Committee Member Application Form a desire to serve
on “Any Committee”.
Wesley Davis
Michael Rhodes
Page 1
Fact Sheet for Cable Advisory Committee
Purpose
The purpose of this committee is to advise JATV and the Administration on public
access operations in the City.
Vacancies(3-year term)
1 vacancy (possible re-appointment –Wesley Davis)
1 vacancy (possiblere-appointment –Renee Dommershausen)
.
Eligibility to Serve
To be eligible for an appointment to a committee, individuals must have interest or
knowledge in the committee’s subject matter.Volunteers should also be available to meet
at the committee’s usual meeting time.
Current Members
NameAddressOccupation
Wesley Davis (possible
re-appointment)
4210 Castlemoor DriveRetired -Part-time Teacher
Renee DommershausenAntique & General
(possible re-appointment)
2419 Plymouth AvenueProperty Appraiser
Wade Hallett221 Oakland AvenueLeMans –Purchasing
Universal Electronics –
Andrew Kronquist3412 CanterburyTest Engineering Manager
Kandu Industries –IT
Robert Novak210 Sioux CourtSystems
Yuri Rashkin
(Councilmember)526 Logan StreetStudent
Corneille Law Group –
Lynne Veitenheimer514 North Garfield AvenueParalegal
Volunteers
NameAddressOccupation
Wesley Davis (possible
re-appointment)4210 Castlemoor DriveRetired -Part-time Teacher
Renee Dommershausen Antique & General Property
(possible re-appointment)2419 Plymouth AvenueAppraiser
407 South Academy
Michael RhodesStreetDisabled
Gary Wright1202 Hamilton AvenueUnemployed -Manager
The applicants below indicated on their Committee Member Application Form a desire to serve
on “AnyCommittee”.
Wesley Davis
Michael Rhodes
Page 1
Fact Sheet for Golf Course Advisory Committee
Purpose
This committee reviews and makes recommendations on public golf course operations,
and solicits public comments and opinion into improving the golf courses. The
committee also reviews and evaluates whatcapital improvements are necessary and
makes recommendations on such to the City Council.
Vacancies(3-year term)
1 vacancy (possible re-appointment –Mary Conway)
1 vacancy (possible appointment from Alternate to Voting Member –Debi Doiel)
1 vacancy (alternate)
Eligibility to Serve
To be eligible for an appointment to a committee, individuals must have interest or
knowledge in the committee’s subject matter.Volunteers should also be available to meet
at the committee’s usual meeting time.
Current Members
NameAddressOccupation
Retired –Janesville School
Jan Bruss4016 Dorchester DriveDistrict
Mary Conway(possible
Mother of handicap child full-
re-appointment)1731 South River Roadtime
Dean Foods –Plant
Steve Hiser4043 Bordeaux DriveEngineering Manager
Retired –Electrical Engineer
Clyde Hoeser1459 South Arch Streetfor General Motors
Curt Terry(term ending)
1318 King StreetRhyme –Sales Manager
Debi Doiel, Alternate
(possible appointment to
Universal Recycling
voting member)607 North Garfield AvenueTechnologies –Accounting
Volunteers
NameAddressOccupation
1203 East Milwaukee School District of Janesville –
Jeffrey AdamsStreetTeacher/Coach
2009 North Lexington
Rick BerryDriveAerotek -Engineer
Mary Conway (possible re-Mother of handicap child full-
appointment)1731 South River Roadtime
Wesley Davis (possible re-
appointment to Cable
Advisory)
4210 Castlemoor DriveRetired -Part-time Teacher
Page 2
NameAddressOccupation
Debi Doiel, Alternate
(possible appointment to
607 North Garfield Universal Recycling
votingmember)AvenueTechnologies –Accounting
407 South Academy
Michael RhodesStreetDisabled
40 South Lexington Lemans Corporation -
Kevin RileyDriveTechnician
The applicants below indicated on their Committee Member Application Form a desire to serve
on “Any Committee”.
Wesley Davis
Michael Rhodes
Page 1
Fact Sheet for Historic Commission
Purpose
The Commission reviews National Register nominations and promotes historic
preservation awareness.The Commission also makes recommendations to the
common council, and establishes guidelines and develops criteria for construction,
alteration, or demolition of improvements within a historic district.
The following duties and responsibilities are taken from chapter 18.36.070 section c.ii.
titled “Powers, Duties and Responsibilities of the Historic Commission.”
The historic commission shall have:
1.To make recommendations to the common council that certain areas be
designated as historic districts;
2.To develop an historic overlay district plan for each district designated;
3.To establish guidelines and develop criteria for construction, alteration, or
demolition of improvements within an historic district;
4.To determine an appropriate system of markers of designated historic districts;
5.To advise and assist owners, occupants or persons in charge of improvements in
an historic district regarding physical and financial aspects of preservation,
renovation, rehabilitation and reuse;
6.To review any applications for a certificate of appropriateness and to require the
presentation of such plans, drawings, elevations and other information as may be
reasonably necessary for such review;
7.To grant or deny a certificate of appropriateness to any applicant;
8.To issue a statement of waiver when required by this section;
9.To obtain certification of this ordinance title with the State Preservation Officer
and with the Secretary of the United States Department of the Interior, in order to
permit historic structures to qualify under this title for applicable benefits under
the Tax Reform Act of 1976;
10.To develop and implement rules of procedure for hearings and meetings
convened by the historic commission;
11.To promote community education, interest and support for preservation and
enhancement of such historic districts.
Vacancies(3-year term)
1 vacancy (possible re-appointment –Timothy Maahs)
1 vacancy
Eligibility to Serve
To be eligible for an appointment to a committee, individuals must have interest or
knowledge in the committee’s subject matter.Volunteers should also be available to meet
at the committee’s usual meeting time.
Page 2
Current Members
NameAddressOccupation
Dan Atwood (term
ending)215 South Division DriveRetired Professor of English
White Oak Construction –
Bruce Dennis 216 North Terrace StreetCarpenter
413 West MilwaukeeCertified Parts Corporation -
Britten Grafft#200Architecture
Contractor and Property Owner
of Commercial & Residential
Bob Kimball510 Greendale DriveBuildings
Timothy Maahs
(possible re-RTM -Manager of Business
appointment)
202 Sinclair StreetInformation SystemsUnit
Janine Peterson2617 HawthorneAvenueUnited Way –Vice President
Susan Thompson 1411 Sharon StreetRetired –Chase Bank
Volunteers
NameAddressOccupation
Wesley Davis (possible
re-appointment to Cable
Advisory)4210 Castlemoor DriveRetired -Part-time Teacher
Upper Iowa University -
James Dumke2831 Carrousel LaneInstructor
Timothy Maahs (possible RTM -Manager of Business
re-appointment)202 Sinclair StreetInformation Systems Unit
407 South Academy
Michael RhodesStreetDisabled
Stacie Thompson4234 Baybrook DriveHomemaker
The applicants below indicated on their Committee Member Application Form a desire to serve
on “Any Committee”.
Wesley Davis
Michael Rhodes
Page 1
Fact Sheet for Ice Skating Center Advisory Committee
Purpose
The purpose of this committee is to advise the City Administration and the City Council
on issues regarding the City of Janesville Ice Skating Center. They will also review and
make recommendations on matters pertaining to the operation, maintenance,
marketing, programming, and fee schedule of the Skating Center based upon the
community's needs and interests.
Vacancies(3-year term)
1 vacancy (possible re-appointment –Steven Eichman)*
1 vacancy(possible re-appointment –Mardel Wien)
*Please note: School District representative appointment is pending.
Eligibility to Serve
To be eligible for an appointment to a committee, individuals must be a resident of the
City of Janesville and have interest or knowledge in the committee’s subject matter.
Volunteers should also be available to meet at the committee’s usual meeting time.
Current Members
NameAddressOccupation
1111 North Lexington
Bill DeCremer (at-large)DriveRetired
Steven Eichman
(Janesville School District
representative) (possible School District of Janesville –
re-appointment)
828 Victoria PlaceManager of Purchasing
SPX Corporation –Production
Elise Erdmann (at-large)1711 Meadowlark DrivePlanner/SAP Superuser
Dane Litke
(NAHL/Wisconsin Hockey Wisconsin Hockey Partners
Partners representative)2619 Affirmed DriveLLC –Hockey Coach
Yuri Rashkin
(Councilmember)526 Logan StreetStudent
Steve Walker(Janesville
Youth Hockey Mercy Health System –
representative)513 Oakland AvenuePurchasing Agent
Mardel Wien(Janesville
Figure Skating
representative)(possible 1202 North Washington Unemployed –
re-appointment)
Streetcounseling/social work
Page 2
Volunteers
NameAddressOccupation
Dean Health System –
Manager (Budgeting,
Forecasting and Financial
Edward Chady4329 Fox Hills DrivePlanning)
Wesley Davis (possible re-
appointment to Cable
Advisory)4210 Castlemoor DriveRetired -Part-time Teacher
407 South Academy
Michael RhodesStreetDisabled
Mardel Wien(Janesville
Figure Skating
representative)(possible 1202 North Washington Unemployed –
re-appointment)
Streetcounseling/social work
The applicants below indicated on their Committee Member Application Form a desire to serve
on “Any Committee”.
Wesley Davis
Michael Rhodes
Page 1
Fact Sheet for Leisure Services Advisory Committee
Purpose
This committee is responsible for reviewing and making recommendations to the
Leisure Services Department and the Administration on matters concerning planning,
development, operation, maintenance,and promotion of the programs, facilities, and
parks based upon the community's needs and interest.
Vacancies(3-year term)
3vacancies
1 vacancy (possible re-appointment –Sandra Hendricks)
1 vacancy (possible re-appointment –Frank Dmuchowski, ice skating community
representative)
Eligibility to Serve
To be eligible for an appointment to a committee, individuals must have interest or
knowledge in the committee’s subject matter.Volunteers should also be available to meet
at the committee’s usual meeting time.
Current Members
NameAddressOccupation
Frank Dmuchowski (ice
skating representative) Retired Information Technology
(possible re-appointment)317 Lyndhurst DriveExecutive
Allied Automotive Group –Yard
Steve Ellis814 Cornelia StreetMan
Dairyland Research –part-time
Sandra Hendricks Office Manager; and President
(possible re-appointment)1163 North Parker Driveof Friends of Riverside Park
Francis James (will not
seek re-appointment)1158 Richardson StreetRetired
Con-Way Freight –
Bill Jass2329 Elizabeth StreetDriver/salesperson
26 Kerwin Mathews Court Community Action, Inc. –
Lynn Jones#5Department Manager
Lorie Markus4455 Pheasant RunLab Safety Supply –Buyer
Jefferson CountyHuman
Kevin Reilly(term ending)3263 East Danbury DriveServices –Crisis Worker
Jayme Roth(term
HospiceCare, Inc. –Donor
ending)1406 Greenwich LaneRelations Coordinator
Betty Schwarz102 North River; Apt. 310Retired Realtor
William TrumanBlackhawk Transport –Truck
(Councilmember)444 Applewood LaneDriver
Page 2
Volunteers
NameAddressOccupation
Dean Health System –
Manager (Budgeting,
Forecasting and Financial
Edward Chady4329 Fox Hills DrivePlanning)
Wesley Davis (possible re-
appointment to Cable
Advisory)4210 Castlemoor DriveRetired -Part-time Teacher
Frank Dmuchowski (ice
skating representative) Retired Information
(possible re-appointment)
317 Lyndhurst DriveTechnology Executive
Rock County Juvenile
Justice & Prevention
Services –Community Youth
Benjamin Dobson2525 Andre AvenueSpecialist
Dairyland Research –part-
time Office Manager; and
Sandra Hendricks (possible
1163 North Parker President of Friends of
re-appointment)DriveRiverside Park
1112 West Burbank
Joe Hoppenjan#208Disabled –odd jobs
Steven Knox4130 Greenbriar DrivePentair –Senior Buyer
Rock County –
Jeff Moore65 South Huron DriveEnvironmental Technician
2939 Afton Road (OUT Retired State of Wisconsin –
Dean PaynterOF CITY LIMITS)Human Resources
407 South Academy
Michael RhodesStreetDisabled
3892 Chesapeake Mercy Health System –
Melody ShanahanAvenueCertified Medical Assistant
Stacie Thompson4234 Baybrook DriveHomemaker
The applicants below indicated on their Committee Member Application Form a desire to serve
on “Any Committee”.
Wesley Davis
Michael Rhodes
Page 1
UPDATED 3/16/11
Fact Sheet for Library Board of Trustees
Purpose
This board sets policy for operation of the Janesville Public Library and prepares the
Library's budget for City Council approval.
Vacancies(3-year term)
1 vacancy (possible re-appointment –Randy Golackson)
1 vacancy (possible re-appointment –Kathryn Shebiel)
Eligibility to Serve
To be eligible for an appointment to a committee, individuals must have interest or
knowledge in the committee’s subject matter.Up to two members may be non-residents.
Volunteers should also be available to meet at the committee’s usual meeting time.
Current Members
NameAddressOccupation
Radio Advertising Sales
Manager & Account
Carole Bennett2107 Cedar Pointe DriveExecutive
UW-Rock County–
Dave Carlson425 Grove StreetAcademic Advisory
Doug Derby 2416 Sauk DrivePart-time payroll specialist
Randy Golackson
(possible re-appointment)
4426 Oldwyck DriveM & I Bank –Vice President
Johnson Insurance –
Chuck Goldstein4027 Wilshire LaneInsurance Agent
Janesville Literacy Council
Cathy Jennings4129 Eastridge Drive–Executive Director
Kathryn Shebiel (possible Retired Attorney from
re-appointment)
120 Glenview CourtConsigny Firm
UW-Whitewater –College
Lois Smith613 East Van BurenDean
Quiana Johnikin (School
Superintendent’s Parker High School -
representative)Non-residentAssistant Principal
* Eight of the nine members are confirmed city residents.
Page 2
UPDATED 3/16/11
Volunteers
NameAddressOccupation
Wesley Davis (possible re-
appointment to Cable
Advisory)
4210 Castlemoor DriveRetired -Part-time Teacher
Randy Golackson
(possible re-appointment)
4426 Oldwyck DriveM & I Bank –Vice President
1112 West Burbank
Joe Hoppenjan#208Disabled –odd jobs
407 South Academy
Michael RhodesStreetDisabled
Kathryn Shebiel (possible
Retired Attorney from
re-appointment)120 Glenview CourtConsigny Firm
Gary Wright1202 Hamilton AvenueUnemployed –Manager
The applicants below indicated on their Committee Member Application Form a desire to serve
on “Any Committee”.
Wesley Davis
Michael Rhodes
Page 1
Fact Sheet for Police and Fire Commission
Purpose
This commission is responsible for hiring Police and Fire chiefs, and approval of their
subordinate appointments. They also review charges against and may discipline or
dismiss the Police or Fire Chief or any subordinate.
Vacancies(5-year term)
1 vacancy
Eligibility to Serve
To be eligible for an appointment to a committee, individuals must be a resident of the
City of Janesville and have interest or knowledge in the committee’s subject matter.
Volunteersshould also be available to meet at the committee’s usual meeting time.
Current Members
NameAddressOccupation
612 St. Lawrence
Larry BartonAvenueAttorney
Leslie Brunsell(term
Retired from M & I Bank; currently
ending)225 Hillside Courton Diversity Action Team
Retired from General Motors
(Engineer); currently works part-
time at Parker High School and
Jose Carrillo125 Winesap Drivetwo other Janesville Schools
Walworth County Jail Mental
Devan Dutra1318 South Pearl StreetHealth
Schneider Apfel Schneider &
Schneider Funeral Home –
William Schneider1722 North HarmonyFuneral Director
Volunteers
NameAddressOccupation
State of Wisconsin –
Brent Boehlke4317 Bordeaux CourtProbation and Parole Agent
Dean Health System –
Manager (Budgeting,
Forecasting and Financial
Edward Chady4329 Fox Hills DrivePlanning)
Wesley Davis (possible re-
appointment to Cable
Advisory)
4210 Castlemoor DriveRetired -Part-time Teacher
Tony Farrell, Sr.2600 Meadowview DriveSelf employed
Consigny Law Firm -
Mark Kopp504 Tudor DriveAttorney
Page 2
NameAddressOccupation
Rock County –
Jeff Moore65 South Huron DriveEnvironmental Tech
313 South Harmony Self Employed –Real Estate
Ed PulliamDriveBroker
Retired –Counselor/School
Gary Rau3426 Briar CrestAdministrator
407 South Academy
Michael RhodesStreetDisabled
Lois Smith (currently UW-Whitewater –
serves on Library Board)
613 East Van BurenDirector/Professor
2426 North Lexington Mary Williams Law Office –
Paul WilliamsDriveOffice Manager
Gary Wright1202 Hamilton AvenueUnemployed -Manager
The applicants below indicated on their Committee Member Application Form a desire to serve
on “Any Committee”.
Wesley Davis
Michael Rhodes
Page 1
Fact Sheet for Plan Commission
Purpose
The Plan Commission is established by State Statutes and reviews items referred from
the City Council relating to planning, zoning, and physical development.
Vacancies(3-year term)
2vacancies
Eligibility to Serve
To be eligible for an appointment to a committee, individuals must be a resident of the
City of Janesville and have interest or knowledge in the committee’s subject matter.
Volunteers should also be available to meet at the committee’s usual meeting time.
Current Members
NameAddressOccupation
Land Title & Closing Services
Deborah Adams615 Waveland Road-Manager
Lori Hanewold(term
ending)
3819 Teal LaneChiropractor
Edward Madere1135 Columbus CircleRetired City Manager
Investment Advisory and
Frank Perrotto 4512 East Milwaukee Corporate Retirement Plan
(Councilmember)StreetConsultant
Kathy Voskuil Pfizer, Inc. –Pharmaceutical
(Councilmember)3417 Amhurst RoadSales
Stephen Werner1106 Columbus CircleAttorney
Nancy Zolidis(term
ending)
4006 Hearthstone DriveHydrologist
Volunteers
NameAddressOccupation
Retired –United Technologies
(manufacturing mining
equipment, marine drives &
Gary Carr4065 Tripp Roadwind turbines)
Dean Health System –
Manager(Budgeting,
Forecasting and Financial
Edward Chady4329 Fox Hills DrivePlanning)
Consigny Andrews Hemming
Robert Consigny632 Somerset Drive& Grant SC -Attorney
Wesley Davis (possible re-
appointment to Cable
Advisory)4210 Castlemoor DriveRetired -Part-time Teacher
NameAddressOccupation
Page 2
City of Sun Prairie –Police
Brian Garcia1132 Bruin LaneOfficer
Steven Knox4130 Greenbriar DrivePentair –Senior Buyer
Marklein Builders, Inc. –
Douglas Marklein3919 Dorchester DriveDesigner/Expeditor
M& I Bank –Commercial
Dave Marshick4255 Saratoga DriveBanker
3002 East Rotamer
TJ McCarthyRoadUS Air Force -Retired
Community Foundation of
Southern Wisconsin –
Christine Moore2204 Kenwood AvenueCommunications Director
Rock County –Environmental
Jeff Moore65 South Huron DriveTech
313 South Harmony Self Employed –Real Estate
Ed PulliamDriveBroker
407 South Academy
Michael RhodesStreetDisabled
Gary Wright1202 Hamilton AvenueUnemployed -Manager
The applicants below indicated on their Committee Member Application Form a desire to serve
on “Any Committee”.
Wesley Davis
Michael Rhodes
Page 1
Fact Sheet for Sustainable Janesville Committee
Purpose
The committee’s purpose is to advise the City Administration and the City Council on
issues of sustainability.
Vacancies(2-year term)
1 vacancy (possible re-appointment –Kevin Bishop)
1 vacancy (possible re-appointment –Allison Rollette)
Eligibility to Serve
To be eligible for an appointment to a committee, individuals must be a resident of the
City of Janesville and have interest or knowledge in the committee’s subject matter.
Volunteers should also be available to meet at the committee’s usual meeting time.
Current Members
NameAddressOccupation
Vice President of
Julie Backenkeller 719 North Grant AvenuePackage Pro
Kevin Bishop (possible re-
appointment)
1602 Liberty LaneFME –Test Inspector
Community
Foundation of
Southern Wisconsin
Sue Conley202 Hillside Court–Executive Director
Robert Douglas1923 Eastwood AvenueRetired Engineer
Full-time mother;
Ann Hyzer110 Seminole Roadvolunteer
Investment Advisor –
Corporate Retirement
Frank Perrotto (Councilmember)4512 East Milwaukee StreetPlan Consultant
Allison Rollette (possible re-
appointment)1710 Excalibur DriveUnemployed
JP Cullen –VP
estimating: corp.
Daniel Swanson 303 South Parker Drivework procurement
Volunteers
NameAddressOccupation
Kevin Bishop (possible re-
appointment)1602 Liberty LaneFME –Test Inspector
Wesley Davis (possible re-
appointment to Cable
Advisory)
4210 Castlemoor DriveRetired –Part-time Teacher
Page 2
NameAddressOccupation
Joe Hoppenjan1112 West Burbank #208Disabled –odd jobs
Spacesaver Corporation –Key
Account Business
Tracy Marco1316 South TerraceDevelopment Representative
407 South Academy
Michael RhodesStreetDisabled
Allison Rollette
(possible re-
appointment)
1710 Excalibur DriveUnemployed
The applicants below indicated on their Committee Member Application Form a desire to serve
on “Any Committee”.
Wesley Davis
Michael Rhodes
Page 1
Fact Sheet for Transportation Committee
Purpose
The purpose of this committee is to study the City's transportation problems, to evaluate
alternatives to and solutions for such problems, and to make related recommendations
to the City Council.
Vacancies(3-year term)
2vacancies
1 vacancy (possible re-appointment –Bradley Reents)
Eligibility to Serve
To be eligible for an appointment to a committee, individuals must be a resident of the
City of Janesville and have interest or knowledge in the committee’s subject matter.
Volunteers should also be available to meet at the committee’s usual meeting time.
Current Members
NameAddressOccupation
Nick Fitzgerald(will not TRICOR Insurance –
seek re-appointment)
4211 Sandstone DriveCommercial Insurance Agent
Van Galder Bus/Coach USA
Allen Fugate1109 MacArthur Drive–Operations Manager
Bradley Reents(possible MSA Professional Services –
re-appointment)
2117 Savanna DriveCivil Engineer
Russ Steeber Rock County Sheriff’s Office -
(Councilmember)4266 Greenbriar DriveCaptain
Deb Wood (will not seekMedical Devices Company –
re-appointment)
17 South Atwood AvenueRN
Volunteers
NameAddressOccupation
Wesley Davis (possible re-
appointment to Cable
Advisory)
4210 Castlemoor DriveRetired -Part-time Teacher
Rotary Foundation –Camp
Edwin James1519 Holly DriveRotamer Administrator
James Lipscomb2339 Partridge LaneSemi Retired
Larry Nehls2230 Savanna DriveRetired
Bradley Reents (possible MSA Professional Services –
re-appointment)
2117 Savanna DriveCivil Engineer
Page 2
NameAddressOccupation
407 South Academy
Michael RhodesStreetDisabled
Consigny Law Firm -
Mark Schroeder3455 Poplar LaneAttorney
City of Janesville –Public
Jason Stout1219 Boynton CourtWorks
Gary Wright1202 Hamilton AvenueUnemployed -Manager
The applicants below indicated on their Committee Member Application Form a desire to serve
on “Any Committee”.
Wesley Davis
Michael Rhodes
Page 1
Fact Sheet for Zoning Board of Appeals
Purpose
This board reviews requests to vary or modify standards in the zoning ordinance.
Vacancies(3-year term)
1 vacancy (possible appointment from Alternate #1 to Voting Member –Karen
Curry)
1 vacancy (possible appointment from Alternate #2 to Alternate #1 –Kathleen
Schulz)
1 vacancy (Alternate #2)
Eligibility to Serve
To be eligible for an appointment to a committee, individuals must have interest or
knowledge in the committee’s subject matter.Volunteers should also be available to meet
at the committee’s usual meeting time.
Current Members
NameAddressOccupation
Business Owner –
Home Again
Jim Alverson(resigned)225 Pease CourtConsignment
Combs & Associates –
Harold Combs1517 Evergreen DriveLand Surveyor
Walworth County
Habitat for Humanity –
Teresa McKeown 176 South Jackson StreetExecutive Director
Retired Milton School
Jody Roberts19 Campus LaneTeacher
Jon Wangerin 1416 Mayfair DriveM & I Bank –Banker
Karen Curry, Alternate #1
(possibleappointment to a
voting member)102 North River Road #308Retired –Manager
Kathleen Schulz,
Alternate #2 (possible
appointment to Alternate #1)
1234 South River RoadRetired
Volunteers
NameAddressOccupation
Lonnie Coppernoll1202 North Randall AvenueRetired Teacher
Karen Curry, Alternate #1
(possible appointment to a
voting member)
102 North River Road #308Retired –Manager
Page 2
NameAddressOccupation
Wesley Davis (possible re-
appointment to Cable Retired -Part-time
Advisory)
4210 Castlemoor DriveTeacher
Michael Rhodes407 South Academy StreetDisabled
Kathleen Schulz,
Alternate #2 (possible
appointment to Alternate #1)
1234 South River RoadRetired
Gary Wright1202 Hamilton AvenueUnemployed -Manager
The applicants below indicated on their Committee Member Application Form a desire to serve
on “Any Committee”.
Wesley Davis
Michael Rhodes
PUBLIC WORKS DEPARTMENT MEMORANDUM
April 11, 2011
TO: City Council
FROM: Carl J. Weber P.E., Director of Public Works
SUBJECT: Stipulation and Settlement Resolving the Claim of the City of
Janesville et al Relating to Liabilities Associated with the Janesville
Disposal Facility
Staff Recommendation
Staff recommends that the City Council approve the Stipulation and Settlement
Resolving Claim Numbers 2708 and 44759 in regards Motor Liquidation company,
et al., f/k/a General Motors Corp. et al. Debtors.
City Manager’s Recommendation
The City Manager recommends approval.
Request
Due to bankruptcy proceedings commenced by the Motors Liquidation Company
(MLC) on 6/1/09, the City of Janesville has filed a claim seeking participation by
MLC in the cost of future expenses related operation and maintenance work at the
Janesville Disposal Facility (JDF). In March of 2011 MLC et al. offered a
settlement payment to the city in response to the claim. Staff requests that the
Council review and approve the attached settlement as presented.
Background
The JDF includes three adjacent landfills and a waste processing facility, south of
Blackbridge Road and east of N. Parker Drive, which operated between 1952 and
1985. In 1986 the Federal Government commenced enforcement actions due to
environmental issues at the JDF. Since that time, the City of Janesville and five
major industrial users of the site have been working cooperatively under the
direction of the USEPA to remediate the environmental issues. The long term care
portion of the agreed work effort is expected to continue for sixteen more years.
In recent years the General Motors Corporation, one of the industrial users of the
JDF, has filed for Chapter 11 Bankruptcy reorganization. Although the City
currently maintains reserve funds which are held for the cost of future systems
operation, monitoring and maintenance at the JDF, additional funding may be
needed. The current Potentially Responsible Party (PRP) agreement between the
major parties allows for a portion of those costs to be charged to the five industrial
users. As the bankruptcy action will preclude future assessments of the former GM
Corp., the City filed its claim in an effort to access an appropriate share of the
assets to be disbursed by the bankruptcy process.
1
Analysis
Attorneys for the City and for MLC, with input from City staff, have estimated the
cost of the remaining sixteen years of remediation and maintenance of the JDF to
be about $1,760,000. According to previous cost share calculations, MLC’s share
of the present value of those future costs is calculated to be approximately
$650,000. Based on the projected claims payout of the bankruptcy court, it is
estimated that the payout of the City’s claim could amount to a value of $240,000
to $300,000.
The Stipulation offered by the MLC attorneys and recommended by the City’s
representatives would make payment to the City in accordance with the
calculations provided above. The payment would be made in GM stock shares
which could be received in the next month or two. Once received, the stock could
be redeemed on the open market at the City’s discretion.
cc: Eric Levitt, City Manager
Jacob J. Winzenz, Assistant City Manager/Dir. of Administrative Services
2