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Full Agenda Packet CITY OF JANESVILLE CITY COUNCIL MEETING AGENDA MONDAY, April 25, 2011 7:00 P.M. 1. Call to Order and Pledge of Allegiance. 2. Roll Call. 3. Minutes of City Council meetings: “C” A.Regular meeting of April 11, 2011. B.Special meeting of April 19, 2011. 4. Licenses; and Recommendations of the Alcohol License Advisory Committee. (Refer to separate agenda.) “C” 5. Financial statement for the month of March, 2011. “C” 6. Action on proposed resolutions recognizing the 2011 Sustainable Janesville Award Recipients. (File Res. Nos. 2011-799, 2011-800, 2011- 801) 7. Action on a proposed resolution recognizing May 6, 2011 as Rotary Botanical Gardens Day in the City of Janesville. (File Res. No. 2011-792) OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. 2. Public hearing and action on a final resolution for Public Works Projects (contract 2011-10: water and sewer assessments) included in Bid Schedule B-2011. (File Res. No. 2011-796) ----------------------- “C” – This designation indicates an item that the City Council will take up under a Consent Agenda. City Council Agenda – April 25, 2011 Page 2 OLD BUSINESS (CONTINUED) 3. Award of contract 2011-9 (Arbor Ridge drainage repairs); contract 2011- 10 (water and sewer system improvements); contract 2011-11 (Afton Road shoulder improvements); and contract 2011-12 (STH 11 improvements and traffic signals) for Public Works Bid Schedule B-2011. 4. Consideration, deliberation, and action on Janesville Patriotic Society request for Veteran’s Memorial Plaza expansion at Traxler Park. NEW BUSINESS 1. City Manager’s Report – Revaluation (Part 2) 2. Presentation on proposed supervisory districts based on the 2010 United States Census. 3. Action on a proposed resolution requiring the Union Pacific to repair two at-grade crossings and petition the Office of the Commissioner of Railroads for an investigation of the repairs. (File Res. No. 2011-797) 4. Consideration and action concerning approval of Council President recommended councilmember committee appointments. 5. Requests and comments from the public on matters which can be affected by Council action. 6. Matters not on the Agenda. 7. Consideration of a motion to convene into closed session, pursuant to Wisconsin Statute Section 19.85(1)(e), for the purpose of deliberating and setting the negotiation and bargaining strategies, terms, and conditions for: a) a potential industrial site TIF #22 development agreement and b) a potential sale of two (2) lots in Hickory Ridge, since competitive and/or bargaining reasons require a closed session. The use of audible cell phone ringers and active use and response to cellular phone technology by the governing body, staff and members of the public is discouraged in the Council Chambers while the Council is in session. PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING APRIL 11, 2011 VOL. 62 NO. 35 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on April 11, 2011. The meeting was called to order by Council President Voskuil at 7:00 PM. Present: Council President Voskuil, Councilmembers Brunner, McDonald, Perrotto, Rashkin, Steeber, and Truman. CONSENT AGENDA Regular City Council meeting minutes of March 28, 2011. Licenses; and Recommendations of the Alcohol License Advisory Committee. Council President Voskuil stated that all items on the consent agenda would be approved if there were no objections. There were none. Action on a proposed resolution recognizing April 29, 2011 as Stand Against Racism Day in the City of Janesville. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Rashkin and passed unanimously. (File Res. No. 2011-787) Special recognition: Action on a proposed resolution in commendation of Clyde E. Eakins’ 32 years of service to the City of Janesville. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Rashkin and passed unanimously. (File Res. No. 2011-784) Special recognition: Action on a proposed resolution in commendation of Michael J. Thiering’s 31 years of service to the City of Janesville. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Truman and passed unanimously. (File Res. No. 2011-785) Special recognition: Action on a proposed resolution in commendation of James B. Dennis’ 31 years of service to the City of Janesville. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Brunner and passed unanimously. (File Res. No. 2011-786) Special recognition: Action on a proposed resolution in commendation of William Truman’s service to the City of Janesville. Councilmember McDonald moved to adopt said resolution, seconded by Councilmember Rashkin and passed unanimously, with Councilmember Truman abstaining. (File Res. No. 2011-794) Special recognition: Action on a proposed resolution in commendation of Frank A. Perrotto’s service to the City of Janesville. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Truman and passed unanimously, with Councilmember Perrotto abstaining. Councilmember Perrotto stated he appreciated the hard work of City staff and fellow Councilmembers. He also thanked all of his supporters. (File Res. No. 2011-795) 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 what TIF district was being discussed in closed session (NB #14), asked the Council to create a process to inform non-profits to file for tax exempt status (NB #4), asked that new council members be trained by a third party, and asked that the names of Committee members be announced and that a formal swearing in be performed (NB #8). Council President Voskuil stated that TIF district 22 was being discussed in closed session. 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. Council President Voskuil deferred action on this item. (File Ord. No. 2011-478) NEW BUSINESS 1. Presentation from Ann Forbeck on homeless youth and Project 16:49. Project 16:49 is a group that works with the approximately 350 homeless students in the Janesville School District. The mission of the group is to provide safe and stable housing to homeless youth. No Council action was taken. 2. City Manager Report: Revaluation (Part 1). Richard Haviza, City Assessor, explained that the City of Janesville is required by the Department of Revenue to conduct a revaluation. State law requires property assessments to be between 90% and 110% of full market value. The City assessment values have not been in range since 2004 so the revaluation is required by law. 3. Action on a proposed resolution authorizing the City Manager to execute a use agreement with the Friends of Lustig Park Disc Golf Club. Councilmember Truman moved to adopt said resolution, seconded by Councilmember Brunner and passed unanimously. (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. Councilmember Steeber moved to allow said claim, seconded by Councilmember Truman and passed unanimously. 5. Action on a proposed resolution authorizing the acquisition and demolition of real property located at 1909 Joseph Street for open green space. Councilmember Rashkin moved to adopt said resolution, seconded by Councilmember Steeber and passed unanimously. (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. Councilmember Steeber moved to adopt the preliminary resolution and schedule a public hearing for April 25, 2011, seconded by Councilmember Truman and passed unanimously. (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. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Rashkin and passed unanimously. (File Res. No. 2011-791) 8. Action on City Manager and Council President recommended citizen committee appointments. Councilmember McDonald moved to approve all committees except for the Transportation Committee, seconded by Councilmember Rashkin. Councilmember Rashkin then offered a friendly amendment to remove the Ice Skating Center Advisory Committee which was accepted by the maker. The motion, as amended, passed unanimously. Councilmember McDonald moved to approve Bradley Reents and Jason Stout to the Transportation Committee and direct the Citizen Advisory Committee on Appointments to recommend a third individual, seconded by Councilmember Steeber and failed by the following vote: Aye: McDonald, Rashkin and Steeber. Nay: Brunner, Perrotto, Truman and Voskuil. Councilmember Perrotto moved to approve all recommendations to the Transportation Committee, seconded by Councilmember Truman and passed unanimously. Councilmember Rashkin moved to defer voting on appointments to the Ice Skating Center Advisory Committee, seconded by Councilmember Truman. Councilmember Rashkin withdrew the motion. Councilmember Rashkin moved to approve the Ice Skating Center Advisory Committee appointments and direct staff and the Committee to review the Committee’s purpose, seconded by Councilmember Steeber and passed unanimously. 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. Councilmember Steeber moved to authorize the City Manager to enter into a stipulation and settlement, seconded by Councilmember Perrotto and passed unanimously. 10. Discussion on leases of farmland. Councilmember Truman stated that farmland is being leased below market value and it would benefit the City’s budget to increase fees. The City Manager stated that the Administration would review farmland leases and bring the matter back to Council. No Council action was taken. 11. The City Council’s organizational meeting for April 19, 2011 was scheduled for 7:30 a.m. and Council waived notice. 12. Requests and comments from the public on matters which can be affected by Council action. th Burdette Erickson, representing the 4 Ward Committee, thanked Councilmembers Truman and Perrotto th for serving on the Council. He also thanked the entire Council for working hard to improve the 4 Ward Neighborhood. Andreah Briarmoon, 339 S. Locust St., asked the Council to recognize Committee Members. 13. Matters not on the Agenda. Councilmembers Rashkin and Steeber requested a joint meeting with the Beloit City Council. Councilmember Rashkin also stated that on April 28, 2011, there is a local government institute networking meeting in Madison. Council President Voskuil thanked everyone who participated in the Big Give Food Drive which collected $1,020 in donations and 4,600 pounds of food. She asked the Administration to investigate possible sign ordinance violations at Wright Rd. and Highway 14. She stated that the Janesville Shade Committee has invited the Council to their annual Arbor Day Celebration. Councilmember Truman thanked his supporters and stated that he enjoyed his time on the Council, working with staff, and the community. 14. 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 terms, conditions, and provisions of collective bargaining agreements and related bargaining strategies and matters; and for a potential economic development TIF 22 development agreement, seconded by Councilmember Truman and passed unanimously. There being no further business, Council convened into closed session at 9:30 p.m. These minutes are not official until approved by the City Council. David T. Godek Deputy Clerk-Treasurer PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN SPECIAL MEETING April 19, 2011 VOL. 62 NO. 1 A special meeting of the City Council of the City of Janesville held in the Municipal Building on April 19, 2011. The meeting was called to order by City Clerk-Treasurer Wulf at 7:30 AM. Councilmember Voskuil led the Council in the Pledge of Allegiance. Present: Councilmembers Brunner, Dongarra-Adams, Liebert, McDonald, Rashkin, Steeber and Voskuil. Reorganization of Council The City Clerk-Treasurer called for nominations from the floor for City Council President. Councilmember Steeber nominated Councilmember Brunner as Council President. The City Clerk-Treasurer called for any other nominations three times and received no further nominations. Nominations were closed and Councilmember Brunner was elected as Council President unanimously. Council President Brunner called for nominations from the floor for City Council Vice President. Councilmember Dongarra-Adams moved to nominate Councilmember Voskuil as Council Vice President. Councilmember McDonald moved to nominate Councilmember Steeber as Council Vice President. Councilmember Liebert moved to nominate Councilmember Rashkin as Council Vice President. Council President Brunner called for any other nominations three times and received no further nominations. Nominations were closed. By secret ballot, the Council voted as follows: Councilmember Voskuil 3, Councilmember Rashkin 2, and Councilmember Steeber 2. By secret ballot, Councilmembers Rashkin and Steeber ran to break the tie vote. Councilmember Steeber received the most votes. By secret ballot, Councilmembers Steeber and Voskuil ran for Vice President. Councilmember Steeber received the most votes and was elected as Council Vice President. Council President Brunner established the new seating arrangement for the Council. Starting at the President’s far left: Councilmembers McDonald, Rashkin, Dongarra-Adams and Steeber. Starting from the President’s far right: Councilmembers Liebert and Voskuil. Matters not on the Agenda There were none. Councilmember Steeber moved to adjourn, seconded by Councilmember McDonald and passed unanimously. There being no further business, Council adjourned at 7:54 AM. These minutes are not official until approved by City Council. Jean Ann Wulf City Clerk-Treasurer JANESVILLE CITY COUNCIL LICENSE AGENDA 4/25/2011 RECOMMENDED A. ELECTRICIAN–ORIGINAL Derek Berkley 731 E. Gorham St., Madison, WI Frank D. Gillitzer 12304 W Donges Bay Rd, Mequon, WI Randall R. Schnick 119 S. Main, Delavan, WI B. SECONDHAND ARTICLE DEALER–ORIGINAL Brett C. Reichard d/b/a Main St. Merchantile 770 S. Main St. ACCOUNTING DIVISION MEMORANDUM April 18, 2011 TO: City Council FROM: Patty Lynch, Comptroller SUBJECT: Financial Statement for the Month of March 2011 The City prepares its Financial Statements in accordance with generally accepted accounting principals using the modified accrual method of accounting and is audited annually by Baker Tilly Virchow Krause, LLP. We prepare interim financial statements for the Council’s review on a monthly basis. Division and Department Heads are responsible for monetary expenditures to ensure budget compliance. Revenues and expenditures are projected to year-end in June and September. Key operating funds include the General Fund, Water and Wastewater Utilities, and Sanitation Fund. A summary of their performance to budget, as compared to a three-year average, are presented in the following graphs. EXPENDITURE SUMMARY The graph below indicates that the General Fund, Water Utility, and Wastewater Utility expenditures are being made according to budget. Year-To-Date March ExpendituresCompared to Three-Year Average Current YTD 3 Yr. Avg. 35% 30% Percent of Total Budget 25% 20% 15% 10% 5% 0% General FundWater -Wastewater - OperatingOperatingSanitation March 2011 Financial Statements April 18, 2011 Page 2 REVENUE SUMMARY The graph below indicates revenue has been earned as anticipated. Year-To-Date March RevenuesCompared to Three-Year Average Current YTD 3 Yr. Avg. 45% 40% Percent of Total Budget 35% 30% 25% 20% 15% 10% 5% 0% General FundWaterWastewaterSanitation Other items of interest in the Financial Statement are as follows: Proprietary Funds (page 4)  The Water Utility has a deficit operating cash balance of $1,557,083 at March 31, 2011. This is partly due to the timing of debt service payments. Principal and interest totaling $2,310,795 was paid in February. Water sales are 14% below projections which is also a major factor. A simplified water rate increase is proposed to help fund the cash deficit.  The Stormwater Utility has a deficit operating cash balance of $201,382 at March 31, 2011. This is because revenue is billed on a quarterly basis after expenditures have been made.  Transit reports a negative cash balance of $574,611 due to the timing of grant reimbursements after expenditures have been made. Special Revenue Fund Balance (page 5)  TIF 3 has a positive balance of $162,529. The positive balance will be used to repay the general fund advance plus accrued interest.  Landfill long-term care of site #3023 ($221,392) will be reimbursed by an insurance policy we have in place for post closure care. Capital Projects Fund (page 6)  The City incurred expenditures in conjunction with road projects on Highway 11 from Wright Road to Highway 14 ($186,800). These costs will be funded with either future March 2011 Financial Statements April 18, 2011 Page 3 special assessments or General Obligation note issue. A representative of the Administrative Services Department will be available at the Council Meeting on April 25, 2011 to respond to any questions Council may have relative to these reports. Once Council is satisfied, acceptance of the Financial Statement by consent and placing them on file would be in order. /Attachments cc: Jacob J, Winzenz, Director of Administrative Services/Assistant City Manager Eric J. Levitt, City Manager City Manager’s Office Memorandum April 25, 2011 TO: Janesville City Council FROM: Al Hulick, Management Analyst SUBJECT: Recognition of the 2011 Sustainable Janesville Award Recipients (File Resolutions 2011-799, 2011-800, 2011-801). In February 2011, the Sustainable Janesville Committee received approval from the Janesville City Council to create the first annual Sustainable Janesville Award Program. The purpose of this award is to recognize and promote innovation and leadership in sustainability shown by businesses and by individual citizens in the City of Janesville. The Committee feels that this annual award will be a strong part of an overall effort to “spread the word” about sustainability in the community. thst Applications were accepted between February 18 and April 1. In total the Committee received 5 nominations. These nominations ranged from single individuals, a small business, to one of Janesville’s top employers. After much deliberation the Sustainable Janesville Committee decided to honor three award recipients: Data Dimensions, Mocha Moment, and Basics Cooperative. The Committee felt each one of these nominees were worthy of the award and have consistently shown exemplary leadership in sustainability for years. Therefore, the Committee felt it was important to honor these three nominees in the first year of the Sustainable Janesville Awards Program. Sustainable Janesville Committee Chairperson Dan Swanson has informed award recipients and will be coordinating their attendance to receive their respective awards. Suggested Motion I move to approve File Resolution 2011-799, 2011-800, and 2011-801 recognizing Basics Cooperative, Data Dimensions, and Mocha Moment as winners of the 2011 Sustainable Janesville Awards program. cc: Eric Levitt Jacob Winzenz RESOLUTION NO. 2011-799 A resolution recognizing Basics Cooperative as a winner of the 2011 Sustainable Janesville Awards program. WHEREAS, The Sustainable Janesville Awards program is intended to reward, recognize and promote innovation and leadership in sustainability shown by businesses and by individual citizens of the City of Janesville; and WHEREAS, Basics Cooperative continued commitment to sustainability in their products, services, and business practices have been recognized by the Community as a sustainability leader since 1977 and an excellent example of integrating sustainable practices into your everyday life; and WHEREAS, the Common Council of the City of Janesville in conjunction with the Sustainable Janesville Committee recognize Basics Cooperative as an innovative leader in sustainability within the City of Janesville; and NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Janesville commends Basics Cooperative for their continued sustainability efforts and leadership in the Community. BE IT FURTHER RESOLVED, that the City of Janesville thanks Basics Cooperative for their commitment to sustainability and for serving as an example for others to follow in the Community. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Dongarra-Adams Eric J. Levitt, City Manager Liebert McDonald ATTEST: Rashkin Steeber Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Assistant City Attorney Proposed by: City Manager’s Office Prepared by: City Manager’s Office RESOLUTION NO. 2011-800 A resolution recognizing Data Dimensions as a winner of the 2011 Sustainable Janesville Awards program. WHEREAS, The Sustainable Janesville Awards program is intended to reward, recognize and promote innovation and leadership in sustainability shown by businesses and by individual citizens of the City of Janesville; and WHEREAS, Data Dimensions continued commitment to sustainability in their services and business practices have been recognized by the Community as a sustainability leader and an excellent example of integrating sustainable practices into your everyday life; and WHEREAS, the Common Council of the City of Janesville in conjunction with the Sustainable Janesville Committee recognize Data Dimensions as an innovative leader in sustainability within the City of Janesville; and NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Janesville commends Data Dimensions for their continued sustainability efforts and leadership in the Community. BE IT FURTHER RESOLVED, that the City of Janesville thanks Data Dimensions for their commitment to sustainability and for serving as an example for others to follow in the Community. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Dongarra-Adams Eric J. Levitt, City Manager Liebert McDonald ATTEST: Rashkin Steeber Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Assistant City Attorney Proposed by: City Manager’s Office Prepared by: City Manager’s Office RESOLUTION NO. 2011-801 A resolution recognizing Mocha Moment as a winner of the 2011 Sustainable Janesville Awards program. WHEREAS, The Sustainable Janesville Awards program is intended to reward, recognize and promote innovation and leadership in sustainability shown by businesses and by individual citizens of the City of Janesville; and WHEREAS, Mocha Moment continued commitment to sustainability in their business practices has been recognized by the Community as a sustainability leader and an excellent example of integrating sustainable practices into your everyday life; and WHEREAS, the Common Council of the City of Janesville in conjunction with the Sustainable Janesville Committee recognize Mocha Moment as an innovative leader in sustainability within the City of Janesville; and NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Janesville commends Mocha Moment for their continued sustainability efforts and leadership in the Community. BE IT FURTHER RESOLVED, that the City of Janesville thanks Mocha Moment for their commitment to sustainability and for serving as an example for others to follow in the Community. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Dongarra-Adams Eric J. Levitt, City Manager Liebert McDonald ATTEST: Rashkin Steeber Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Assistant City Attorney Proposed by: City Manager’s Office Prepared by: City Manager’s Office CITY MANAGER’S OFFICE MEMORANDUM April 4, 2011 TO: City Council FROM:Rebecca Smith, Management Assistant SUBJECT: Action on a proposed resolution recognizing May 6, 2011 as Rotary Botanical Gardens Day in the City of Janesville. (File Res. No. 2011-792) Request Councilmember Voskuil and Councilmember Rashkin asked that a resolution recognizing May 6, 2011 as Rotary Botanical Gardens Day in the City of Janesville be added to the April 25 Council agenda. Recommendation Staff recommends the Council pass resolution 2011-792. Suggested Motion I move to approve file resolution 2011-792 to recognize May 6, 2011 as Rotary Botanical Gardens Day in the City of Janesville. Background Public Garden Day is a national day of celebration organized by the American Public Gardens Association to raise awareness of America’s public gardens and their important role in promoting environmental stewardship and awareness, plant and water conservation, and education in communities nationwide. Public Garden Day 2011 is planned for May 6 and Janesville’s Rotary Botanical Gardens has chosen to participate in this special event this year. The Gardens provide positive economic development and education opportunities to the Janesville community, while also promoting environmental stewardship. Ms. Kelli Cameron, Rotary Gardens Executive Director, 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. 2011-792 A resolution recognizing May 6, 2011 as Rotary Botanical Gardens Day in the City of Janesville. WHEREAS ,Rotary Botanical Gardens is a 20-acre non-profit, public, botanical garden located in downtown Janesville and is home to many dramatic and themed gardens; and WHEREAS , Public Garden Day is a national day of celebration organized by the American Public Gardens Association to raise awareness of America’s public gardens and their important role in promoting environmental stewardship and awareness, plant and water conservation, and education in communities nationwide; and WHEREAS , Rotary Botanical Gardens is participating in this special event to raise awareness about the different programs, opportunities and benefits the Gardens provide to the Janesville community; and WHEREAS ,Rotary Botanical Gardens was founded with the purpose of promoting environmental stewardship, including conserving resources, water management, using natural products, and recycling; and WHEREAS , Rotary Botanical Gardens is the #1 tourist destination in Rock County with over 100,000 visitors annually, creating an estimated $3,400,000 in economic impact to the community; and WHEREAS , Rotary Botanical Gardens supports healthy living through the beauty and serenity of the gardens and active living opportunities, including walking through the Gardens and volunteerism; and WHEREAS , Rotary Botanical Gardens offers a variety of educational programs throughout the year for youth, families and adults, including story time opportunities for children, workshops on home landscaping and in-depth symposiums for Master Gardeners. NOW, THEREFORE BE IT RESOLVED by the Common Council of the City of Janesville on this 25th day of April, 2011, that the day of May 6, 2011 be recognized as Rotary Botanical Gardens Day in the City of Janesville; and BE IT FURTHER RESOLVED by the Common Council to call upon all Janesville citizens to recognize the positive attributes Rotary Botanical Gardens bring to the Janesville community and consider visiting and supporting the wonderful resource we have in the Rotary Botanical Gardens. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Dongarra-Adams Eric J. Levitt, City Manager Liebert McDonald ATTEST: Rashkin Steeber Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: City Attorney Proposed by: Councilmember Voskuil and Councilmember Rashkin Prepared by: Management Assistant DEPARTMENT OF PUBLIC WORKS MEMORANDUM 25 APRIL 20011 TO: City Council FROM: Mike Payne, Engineering Manager SUBJECT: PUBLIC HEARING AND ACTION ON A PROPOSED FINAL RESOLUTION FOR PUBLIC WORKS BID SCHEDULE “B” – 2011 (FILE RES. NO. 2011-796) ON APRIL 25, 2011 Exective Summary: u The City Council will consider attached Final Resolution No. 2011-796 for an assessable project on Bid Schedule “B”-2011 at the April 25, 2011 meeting. The Resolution includes sanitary sewer and water main extensions required prior to roadway improvements resulting from a Wisconsin Department of Transportation (DOT) project along STH 26 in 2012. By adopting this Final Resolution, the City is declaring its intent to assess the abutting properties benefited by these improvements. The Resolution contains two assessment categories. Category I includes water and sewer Category II includes water main only. The Council is also being asked to consider non-use utility deferments for properties abutting McCormick Drive, Huntinghorne Drive, and Fox Hills Court. The McCormick Drive and Huntinghorne Drive segments abut undeveloped property. Fox Hills Court will be a new cul-de-sac providing access to several properties losing direct access to STH 26 as part of the DOT project. The affected properties are currently served by septic systems and wells. The most efficient way to serve these properties with City sewer and water is to extend utilities from Fox Hills Drive. City Manager’s Recommendation: The City Manager recommends approval. Engineering Division Recommendation: Following the public hearing, the Engineering Division recommends Final Resolution No. 2011-796 be adopted and the Council approve a 5 year non-use deferment for water main only on Huntinghorne Drive and water & sewer on McCormick Drive, as well as non-use deferments for water and sewer on Fox Hills Court until existing septic systems or wells fail or residential properties are sold. Suggested Motion: I move to adopt Final Resolution No. 2011-796 and approve a 5 year non-use deferment for water main only on Huntinghorne Drive and water & sewer on McCormick Drive, as well as non-use deferments for water and sewer on Fox Hills Court until existing septic systems or wells fail or residential properties are sold. Background This Resolution affects five (5) property owners. The assessments have been applied in accordance with Council Policy #63 – Special Assessments. A description of the locations is outlined below: Future N. Wright Road The DOT is in the process of purchasing right-of-way for the extension of N. Wright Road to create a new intersection with John Paul Road as part of a 2012 DOT project. The DOT requested the City extend the utilities in 2011 prior to the DOT construction project in 2012 to avoid future conflicts in the work area. The property abutting this segment is currently out of the City. McCormick Drive / Huntinghorne Drive The DOT is planning to install a fully signalized intersection on STH 26 at McCormick Drive in 2012. The City owns and operates a sanitary sewer lift station in the northwest quadrant of the intersection which is in conflict with the DOT improvements on STH 26. The DOT requested the City relocate the lift station prior to the DOT project. Rather than relocate the lift station, the City will be eliminating the lift station and associated operating costs by extending sanitary sewer along McCormick Drive. The City will also be providing a water main loop between STH 26 and Huntinghorne Drive via the McCormick Drive corridor. A temporary street connection is planned to be constructed later this year along the same route. This will provide the existing neighborhood direct access to STH 26. The DOT plans to eliminate outbound left turning traffic from the neighborhood onto southbound STH 26 at Woodcrest Drive. Attached is a request from Jack Willow Investments, LLC for a non-use deferment on utilities. Council Policy No. 63, Section IV allows a 5 year non-use deferment for special assessments levied against undeveloped properties used for agricultural purposes. The respective utility will pay the carrying costs. The non-use deferments total $92,559.30. Fox Hills Court The DOT intends to construct a new cul-de-sac, Fox Hills Court, in 2012 to provide access to several properties losing direct access to STH 26. The DOT is allowing the City to install sewer and water within the right-of-way corridor being acquired by the DOT prior to DOT constructing the street. The most efficient way to serve the properties with City sewer and water is to extend utilities from Fox Hills Drive rather than along STH 26. Staff is recommending deferments for water and sewer on Fox Hills Court since none of the properties have requested City utilities and their existing septic systems and wells appear to be functioning properly. Installing the utilities now will avoid having to excavate and patch the street at a future date which would be detrimental to the life of the street and increase long term street maintenance costs for the City. The Council granted similar water and sewer assessment deferments to property owners in Royal Oaks subdivision several years ago when utilities were installed abutting their properties to serve an adjacent subdivision. The three (3) non-use deferments total $27,347.21. Attachments: - Resolution 2011-796 - N. Wright Road Map - McCormick Drive / Huntinghorne Drive Map - Fox Hills Court Map - Engineers Report - Non-use deferment request on behalf of Jack Willow Investments, LLC cc: Eric Levitt Jay Winzenz Carl Weber SEWER AND WATER ASSESSMENTS FOR CONTRACT 2011-10 25 APRIL 2011 RESOLUTION NO. 2011-796 PAGE (1) OF (4) FINAL RESOLUTION FINAL RESOLUTION DECLARING INTENT TO EXERCISE SPECIAL ASSESSMENT POWERS UNDER SECTION 66.0703, WISCONSIN STATUTES AND REQUIRING INSTALLATION OF WATER, SEWER, AND GAS SERVICE PIPES AND PROVIDING FOR ASSESSMENT OF COSTS UNDER SECTION 66.0911, WISCONSIN STATUTES; RESOLVED, By the Common Council of the City of Janesville, Wisconsin. 1. The Common Council hereby declares its intention to exercise its power pursuant to S.66.0703 and S.66.0911, Laws of the State of Wisconsin, to levy special assessments on a reasonable basis upon property abutting the following described streets, pursuant to its police powers, by improvement of the said streets to further facilitate traffic flow and safety, and to assist in providing for the safety, health, and general welfare of the public, to-wit: I. 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 25 APRIL 2011 FINAL RESOLUTION NO. 2011-796 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 five (5) years with interest at six percent (6%) per annum on the unpaid balance. The first installment on SEWER AND WATER ASSESSMENTS FOR CONTRACT 2011-10 25 APRIL 2011 FINAL RESOLUTION NO. 2011-796 PAGE (3) OF (4) 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 25 APRIL 2011 FINAL RESOLUTION NO. 2011-796 PAGE (4) OF (4) ADOPTED: MOTION BY: SECOND BY: APPROVED: COUNCILMEMBER AYE NAY PASS ABSENT BRUNNER Eric J. Levitt, City Manager DONGARRA- ADAMS ATTEST: LIEBERT McDONALD Jean Ann Wulf, City Clerk-Treasurer RASHKIN STEEBER APPROVED AS TO FORM: VOSKUIL Wald Klimczyk, City Attorney Proposed by: Engineering Division Prepared by: Engineering Division REPORT ON PROPOSED SPECIAL ASSESSMENTS FOR PUBLIC IMPROVEMENTS AGAINST PROPERTIES LOCATED IN JANESVILLE, WISCONSIN This report is submitted in accordance with the requirements of 66.0705, Stats., and the preliminary resolution of the municipal governing body of Janesville, Wisconsin, dated April 11, 2011, determining to levy special assessments on benefitted properties for public improvements described in Schedule B of this report to be made in the assessment district described in Schedule C of this report. This report consists of the following schedules: Schedule A - Final plans and specifications are on file in the City of Janesville Public Works Department. Schedule B - Estimate of entire cost of proposed improvements, attached. Schedule C - Schedule of proposed assessments against each benefitted parcel, attached. J:\Development\Engineering\Special Assessments\Engineer's Report\2011\Bid Schedule B-2011 Engineering Report with Schedules.doc SCHEDULE B PUBLIC WORKS PROJECTS BID SCHEDULE B-2011 PROGRAM SUMMARY ESTIMATEDESTIMATED ESTIMATED TOTAL COSTSASSESSMENTS PROGRAMCITY COSTS I. WATER AND SEWER$252,592$174,753$77,839 II. WATER MAIN ONLY$15,308$11,166$4,142 TOTAL$267,900$185,919$81,981 SOURCES OF FUNDING GENERAL FUND ASSESSMENTS CITY SHARE $81,981$185,919 Total $267,900 OFFICE OF THE CITY ENGINEER Friday, April 15, 2011 J:\Development\Engineering\Special Assessments\Engineer's Report\2011\B-2011 Engineers Report_Condensed.xls SCHEDULE C LIST OF PROPERTY OWNERS & INDIVIDUAL ASSESSMENTS SCHEDULE C -- Proposed Assessments. The following properties against which the proposed assessments are to be made are benefitted by the proposed improvement because of availability of municipal water service, provision of water for fire protection, and improvement of reliability of water distribution. ParcelProperty AddressOwnerWaterSewerTotal Water and Sewer 02082004694676 Milton AvJack Willow Investments, LLC$18,854.90$15,443.50$34,298.40 02082004704700 Milton AvJack Willow Investments LLC,$18,936.70$15,510.50$34,447.20 02082004714724 Milton AvJack Willow Investments LLC,$3,476.50$2,847.50$6,324.00 02082004724405 McCormick DrJack Willow Investments, LLC$3,476.50$2,847.50$6,324.00 02084000134246 Milton AvRicky Lee Hesgard$2,863.00$2,345.00$5,208.00 02084000144242 Milton AvFish Revocable Trust,$2,863.00$2,345.00$5,208.00 02084000654324 Milton AvBoughton Revocable Trust,$9,307.61$7,623.60$16,931.21 0205300777Future N Wright RdOut of City$36,288.94$29,723.22$66,012.16 Total$96,067.15$78,685.82$174,752.97 Water Main Only 02082004724405 McCormick DrJack Willow Investments, LLC$11,165.70$11,165.70 Grand Total Assessments:$107,232.85$78,685.82$185,918.67 J:\Development\Engineering\Special Assessments\Engineer's Report\2011\Bid Schedule B-2011 Engineering Report with Schedules.doc DEPARTMENT OF PUBLIC WORKS MEMORANDUM 11 April 2011 TO: City Council FROM: Mike Payne, Engineering Manager SUBJECT: AWARD OF BID SCHEDULE “B” – 2011 CONTRACT 2011-9, ARBOR RIDGE DRAINAGE REPAIRS CONTRACT 2011-10, WATER AND SEWER SYSTEM IMPROVEMENTS CONTRACT 2011-11, AFTON ROAD SHOULDER IMPROVEMENTS CONTRACT 2011-12, STH 11 IMPROVEMENTS AND TRAFFIC SIGNALS Summary Bids for Public Works Bid Schedule “B” – 2011, Contracts 2011-9, -10, -11 and -12, were opened on Wednesday, April 6, 2011. Each of the low bids was found to be responsive and acceptable. Recommendation Following review by the Council, the Engineering Division recommends award of Contracts 2011-9, -10, -11 and -12 to the low bidders and that the City Council express their intent to include in the 2011 Note Issue $414,326 for water system improvements and expansion, as well as, $152,725 for sanitary sewer system expansion. City Manager Recommendation The City Manager recommends approval of contract 2011-9,10,11 and 12. Suggested Motion I move to Award Contracts 2011-9, 2011-10, 2011-11, and 2011-12 to the low bidders and express the intent to include in the 2011 Note Issue $414,326 for water system improvements and expansion, as well as, $152,725 for sanitary sewer system expansion. Background Contract 2011-9, Arbor Ridge Drainage Repairs The work to be accomplished by this project includes clearing, grubbing, finish grading, storm sewer pipe cleaning, rip-rap installation, restoration, seeding, and erosion control practices in an existing greenbelt crossing Arbor Ridge Way. We received four (4) bids for this project, with Valia Excavating, LLC providing the low bid. The Engineering Division is recommending award of this contract to Valia Excavating, LLC of Fort Atkinson, Wisconsin, in the amount of $37,450. The bids received are shown below: AWARD OF PUBLIC WORKS BID SCHEDULE “B” – 2011 11 APRIL 2011 – PAGE 2. 2011-9 ARBOR RIDGE DRAINAGE REPAIRS Valia Excavating, LLC. Total Bid: $37,450.00 W7755 Hy. 106 Fort Atkinson, WI 53538 Bjoin Limestone, Inc. Total Bid: $41,645.00 7308 W. State Road 11 Janesville, WI 53548 Rock Road Companies, Inc. Total Bid: $56,999.00 P.O. Box 1779 Janesville, WI 53547-1779 R & K and Sons Construction, LLC Total Bid: $64,391.00 7030 Tolles Road Evansville, WI 53536 Activities for Contract 2011-9 are funded by the State of Wisconsin Department of Commerce, Division of Housing and Community Development through a grant. Contract 2011-10, Water and Sewer System Improvements This project provides for the replacement and associated street restoration of existing watermain and replacement of lead/steel water services, as well as installation of new sanitary sewer and water main in areas affected by the proposed STH 26 improvement project in 2012. We received six (6) bids for this project, with R. T. Fox Construction, Inc. providing the low bid. The Engineering Division is recommending award of the grand total bid to R. T. Fox Construction, Inc. of Edgerton, Wisconsin, in the amount of $567,051. The bids received are shown below: 2011-10 WATER AND SEWER SYSTEM IMPROVEMENTS R. T. Fox Construction, Inc. Total Part A: $388,675.00 P.O. Box 331, 5628 Co. Hwy. M Total Part B: $141,025.00 Edgerton, WI 53534 Total Part C: $37,351.00 Grand Total: $567,051.00 E & N Hughes Co., Inc. Total Part A: $423,887.75 P.O. Box 408, N2629 Coplien Road Total Part B: $166,664.50 Monroe, WI 53566 Total Part C: $44,205.00 Grand Total: $634,757.25 AWARD OF PUBLIC WORKS BID SCHEDULE “B” – 2011 11 APRIL 2011 – PAGE 3. Rawson Contractors, Inc. Total Part A: $466,950.00 P.O. Box 259539 Total Part B: $160,530.00 Madison, WI 53725 Total Part C: $32,830.00 Grand Total: $660,310.00 Speedway Sand & Gravel, Inc. Total Part A: $512,125.00 8550 Greenway Blvd., Suite 202 Total Part B: $189,760.00 Middleton, WI 53562 Total Part C: $43,690.00 Grand Total: $745,575.00 The Wanasek Corporation Total Part A: $458,010.00 29606 Durand Avenue Total Part B: $240,990.00 Monroe, WI 53566 Total Part C: $47,940.00 Grand Total: $746,940.00 Globe Contractors, Inc. Total Part A: $466,175.00 N50 W23076 Betker Road Total Part B: $232,335.00 Pewaukee, WI 53072 Total Part C: $49,850.00 Grand Total: $748,360.00 Part A of the contract includes new and replacement water main. Part includes new sanitary sewer. Part C includes miscellaneous items such as erosion control, traffic control, lawn restoration, and water & sewer laterals. Funding for this project is Note Issue funding with future assessments reimbursing some of the costs. The Note Issue will include $292,251 for maintenance of the existing water distribution system; $122,075 for new water installation with $110,683 being assessed to properties benefiting from the improvements; $152,725 for new sanitary sewer with $$78,686 being assessed to properties benefitting from the improvements. The 2011 Major Capital Projects budget included $862,000 for undersized water main replacement, $250,000 for new water main extensions, and $250,000 for new sanitary sewer main extensions. Contract 2011-11, Afton Road Shoulder Improvements Work under this contract includes new curb and gutter, a small amount of new reinforced concrete storm sewer pipe, new storm manhole and inlet structures, ditch excavation, topsoil and restoration of Afton Road. We opened four (4) bids for this project, with Bjoin Limestone, Inc. providing the low bid. The Engineering Division is recommending award of this contract to Bjoin Limestone, Inc. for a total amount bid of $50,285.68. The bids received are shown below: AWARD OF PUBLIC WORKS BID SCHEDULE “B” – 2011 11 APRIL 2011 – PAGE 4. 2011-11 AFTON ROAD SHOULDER IMPROVEMENTS Bjoin Limestone, Inc. Total Bid: $50,285.68 7308 W. State Road 11 Janesville, WI 53548 Frank Bros., Inc. Total Bid: $50,468.54 2501 Morse Street Janesville, WI 53545 Rock Road Companies, Inc. Total Bid: $51,125.03 P.O. Box 1779 Janesville, WI 53547-1779 E & N Hughes Co., Inc. Total Bid: $51,443.80 P.O. Box 408, N2629 Coplien Road Monroe, WI 53566 Activities under Contract 2011-11 are funded in part by State of Wisconsin Department of Commerce, Division of Housing and Community Development through a grant. Contract 2011-12, STH 11 Improvements & Traffic Signals Work includes all roadway and traffic signal improvements associated with the new Dean St. Mary’s Hospital at the intersections of STH 11 & Wright Road, STH 11 & Midland Road, and the I-39 off-ramp to eastbound STH 11. Three (3) bids were received for this contract, with Rock Road Companies, Inc. providing the low bid. The Engineering Division is recommending award of this contract to Rock Road Companies, Inc., Janesville, Wisconsin, in the amount of $1,249,736.45. The bids received are shown below: 2011-12 STH 11 IMPROVEMENTS & TRAFFIC SIGNALS Rock Road Companies, Inc. Total Bid: $1,249,736.45 P.O. Box 1779 Janesville, WI 53547-1779 Raymond P. Cattell, Inc. Total Bid: $1,278,839.03 2401 Vondron Road Madison, WI 53718 Parisi Construction Co., Inc. Total Bid: $1,349,131.23 508 S. Nine Mound Road Verona, WI 53593 AWARD OF PUBLIC WORKS BID SCHEDULE “B” – 2011 11 APRIL 2011 – PAGE 5. Funding for this project will be from various sources. Dean Clinic and St. Mary’s Hospital will be paying $1,203,099.04 (of which $158,078.84 has already been collected in the form of a storm water land division assessment) and Sara Investments will be paying $46,637.41for permanent access improvements to Home Health United located on the east side of Wright Road. The Council previously adopted Resolution 2010-753 approving a TIF Development and Loan Agreement for the Home Health United project. cc: Eric Levitt Jay Winzenz Carl Weber Community Development Department Memorandum Date: April 25, 2011 TO: Janesville City Council FROM: Duane Cherek, Planning Services Manager SUBJECT: Review of Janesville Patriotic Society request for Veteran’s Memorial Plaza Expansion at Traxler Park. _____________________________________________________________________ SUMMARY The Janesville Patriotic Society (JPS) has developed a conceptual plan to enhance the Veteran’s Memorial site at Traxler Park. The project includes undertaking a series of improvements in the park for the purpose of creating a patriotic center in the City. Preliminary design plans submitted with this proposal identify placement of future veteran’s memorials and paved walkways that would be constructed in the north loop of Traxler Park. The walkway and monument features would be situated between the main parking lot and the existing Veteran’s Plaza located at the north side of the park. The Patriotic Society desires to have the City Council grant conceptual design approval to allow the veteran’s group to proceed with the project. The Plan Commission has reviewed the JPS proposal and forwarded an unfavorable recommendation onto the Council. JPS President Tom Stehura intends to make a brief presentation at the meeting to provide the Council with an overview of the project. RECOMMENDATION Staff recommends that the City Council direct JPS to revise their design plans to limit placement of future memorials at the north end of Traxler Park in the vicinity of the existing Veteran’s Plaza and then submit the revised plans to Plan Commission for reconsideration. CITY MANAGER RECOMMENDATION Based on the discussion that occurred at the Plan Commission, I recommend that the City Council request that the Janesville Patriotic Society submit a revised plan to the Plan Commission that addresses the concerns raised at the Plan Commission. This can be an excellent project for Janesville, but appears to need some revising in the plans to limit the taking of the open space area in Traxler Park. SUGGESTED MOTION Move to either approve, deny or amend the Janesville Patriotic Society’s conceptual design plans for expansion of veteran’s memorials and other improvements at Traxler Park. BACKGROUND The Janesville Patriotic Society initially appeared before the City Council in mid- 2009 to share their plans for Traxler Park. At that time, the group’s proposal was to relocate existing veteran’s memorials to the north loop of the park and designate space for the addition of new monuments at the site. Under the current proposal, JPS is not requesting that any memorials already placed in the city be moved to this location. Instead, veteran’s groups will be invited to place new memorials in Traxler Park or, if they decide to, move their existing monuments to the park site. Exhibit A provides an illustration of the design plans and proposed location of improvements in the park submitted by JPS. The Janesville Patriotic Society shared their project plans with the Leisure Services Advisory Committee in September of 2010 and the Committee voted in support of the proposal (committee minutes attached). On January 24th, JPS President Tom Stehura appeared before the City Council to provide an informational update and overview of the group’s refined project plans. Following the presentation, the Council referred this matter to the Plan Commission for its review and recommendation. The Plan th Commission held a public hearing on February 28 and reviewed the Society’s proposal for placement of additional memorials in the park. During the meeting, Plan Commission members indicated they would like to see a revised Plan for expansion on the north end of the park to balance the use of available open space. An unfavorable recommendation on the project plan was forwarded to the City Council noting that the Plan Commission feels the concept is a good concept and Traxler Park represents an appropriate location for expanded veteran recognition, but the Commission’s preference is to consolidate the project around the existing monument area to the north. ANALYSIS A. The proposed expansion of the Veteran’s Plaza in Traxler Park is shown in Exhibit A and generally described in a summary document attached to this report. The primary feature shown on the concept plan consists of a 200’ wide circular walkway that connects the surface parking lot in the middle of the park to the Veteran’s Plaza at the north end. The walkway would be 10 to 12 feet wide with six additional monument spaces depicted on the plan; however, JPS indicates more could be added in the future. JPS President Tom Stehura indicates design standards and criteria will be created for establishing future monuments in the park. Fundraising efforts in the form of grants and donations will be utilized to fund the cost of construction for the memorial walkway, landscaping and monuments. According to JPS, funding currently exists to construct the circular walkway. B. Traxler Park is a 37-acre community park located along the river. It was originally established in 1929 when the Lions Club acquired the property and donated this land area known as “Goose Island” to the City for parkland purposes. The park offers a wide variety of recreational opportunities and facilities such as an outdoor ice skating rink, warming house, pavilions, restroom and concession stand buildings, volleyball courts, the Traxler Lagoon (fishing) and playground equipment. Traxler is also home to the Rock Aqua Jays, the nationally renowned water ski show team. The north end of Traxler Park is encompassed by a circular roadway that provides angled parking along the perimeter. This inner loop portion of north Traxler Park contains approximately 6.4 acres of contiguous open space area, excluding the existing the Veteran’s Plaza improvements which consist of the Medal of Honor Walkway and Eternal Flame memorials. C. Traxler Park is commonly recognized as Janesville’s primary “Special Event” park and has a long history of providing for the social and recreational events of various service clubs and civic organizations. On an annual basis, the park has th hosted many special events including but not limited to the 4 of July Celebration, regional & national water-ski tournaments, Renaissance Fair, Memorial Day Parade, Rotary Corn Roast/Volleyball Tournament, and Veteran’s Day Ceremony. During these events, anywhere from a few hundred individuals to several thousand people may be present in the park. For some of these events, nearly all space available in the park is utilized in some fashion to provide either parking, exhibits, tents, vendor stands, amusement rides, games, equipment or simple congregation of festival attendees. Table 1 identifies most, but not all of the special events that are held on an annual basis at Traxler Park. One of Traxler Park’s greatest assets is the availability of accessible open space in the park. The area located immediately north of the parking lot is commonly utilized as a staging facility to accommodate many of the special events and activities held in the park. Staff is concerned that fragmentation of that open space will negatively impact a sponsor’s ability to host or successfully conduct a special event in the park. In addition, introduction of memorials into the area could, depending on their design, expose them to potential damage if the space continues to be used for a mix of passive and active recreational activities. D. The Parks and Open Space Plan recognizes Traxler Park as providing an opportunity for expansion of existing veteran’s memorials and monuments. The Plan indicates that “the City should further examine developing the theme of honoring veteran’s already present in the park, and that it may be appropriate to locate the City’s veteran and war memorials in the park creating a central location for the veteran’s memorial.” However, the Plan also indicates that “although the park is 37-acres in size, it contains limited open space and insufficient parking for the events held there.” The Plan recommends potentially increasing the size of the park through acquisition of properties along the waterfront to the south, if circumstances allow for that to occur. E. Staff has evaluated the Patriotic Society’s request for expansion of veteran’s memorials in the Traxler Park and offers the following:  Traxler Park is clearly one of Janesville’s most recognized and heavily used facilities. This park is centrally located, situated just north of downtown and along a navigable portion of the Rock River. The identity and value of the park is tied very closely to those attributes, but also the open space opportunities which make it a popular venue for community wide use, festivals and special events. Over time, the demand for events held at Traxler has grown and we expect that will continue into the future. Protecting sufficient open space within the park to accommodate the broad range of assembly activities that occur is critical to the continued success of those activities. The area proposed for the JPS memorial expansion is critical open space because of its central location within the park, it adjoins the primary parking lot, it is close to restroom and concession stand buildings, and the Aqua Jay facilities.  Existing Veteran’s Plaza memorials are currently located near the north end of the park. Staff believes expansion of memorials on the site should be concentrated around existing monument features. Based on the conceptual plans submitted by JPS, there is no clear reason why additional veteran’s memorials cannot be limited to the north side, as opposed to the current proposal which encompasses a significant portion of the park’s inner loop. The area within the inner loop is roughly 6.4 acres. Physically, this amount of space is not required in order for JPS to carry out their proposal, but there is a need to maintain a usable open space in the park to accommodate other activities. We also believe that consolidating additional memorial improvements within a smaller, more defined area will help create a critical mass of features to make the project more meaningful, consistent with veteran’s intent. This will also help preserve the availability of open space in the park to ensure other public uses/events/activities can continue to be held on the site.  Staff believes other alternative designs should be considered to accentuate and expand upon the existing memorial plaza facilities in Traxler Park. Those facilities could be configured on the northerly one-third to one-half portion of the park. JPS has identified that access to the main parking lot is desirable for the expansion proposal and visitors. We believe that construction of a walkway connecting the main parking lot to the veteran’s plaza can be accomplished in a manner that would not adversely affect the open space area between those facilities.  Staff is careful to point out that our concern regarding placement of veteran’s memorials in the park is based solely on the spatial arrangement of the improvements proposed and how a conversion of the existing open space would impact the wide variety of activities and events held in the park.  Lastly, staff believes it is necessary to establish design criteria for evaluating the placement of individual monuments or memorials as those proposals come forward. At this time, staff is suggesting that memorials be concentrated in a smaller area at the north end of the park and would like to encourage the veteran’s groups to focus on how that could be accomplished. Regardless of the final configuration agreed upon, separate review and approval by Plan Commission and City Council would be required prior to installation of each individual monument in the park. F. A majority of Traxler Park is located in the 100-year floodplain. The Veteran’s Plaza did incur damage during the 2008 flood event requiring significant repair. Placement of future improvements of this type will need to incorporate appropriate design/engineering measures to account for occasional high water incidents in the park. Those measures generally involve construction techniques to minimize differential (soil) settling of monuments because of saturated ground conditions. G. Staff has received a letter from the Janesville Noon Lions Club referencing their concerns about expansion of the veteran’s memorials in the park (letter attached). Based on staff’s analysis of this proposal, we find that the Janesville Patriotic Society’s current proposal to locate future veteran’s memorials in Traxler Park to the south of the current memorials would fragment and hinder the use of critical open space that is necessary to annually accommodate numerous passive and active civic and recreational events. Staff recommends that the Patriotic Society revise their design plans to limit placement of memorials at the north end of the park in the vicinity of the existing Veteran’s Plaza, and resubmit those plans to Plan Commission for reconsideration. PLAN COMMISSION ACTION – 21 MARCH 2011 Tom Stehura, President of the Janesville Patriotic Society, gave a presentation regarding the society’s request to expand the Veteran’s Memorial Plaza within Traxler Park. He discussed membership of the society, veteran’s activities and the current improvements in the park including the Medal of Honor Circle. He stated that their intent was to increase handicap accessibility, enhance the area as a Patriotic Center, provide a nice setting for monuments, provide a serene setting for ceremonies, provide a community events area surrounded by a circle, to educate citizens on the contributions of veterans and to draw more people into the area. He presented three different designs for the expansion and indicated that the circular conceptual design is the one that the Patriotic Society prefers, that this design was approved by the Leisure Services Committee and that the Aqua Jays have indicated that they support this plan. He added that the plan provides good access to parking, opportunities for landscaping and monument education, and gives 1 ½ acres of open space for community events. He said that JPS would follow all City requirements as far as building permits, architectural drawings, continuity with park plans and working to make sure that monument display areas meet the standards. He suggested that a committee could be formed to come up with design criteria and specifications for these monuments. He stated that JPS will be responsible for building common areas for walkways, landscaping and coordinating activities with member organizations. He added that JPS has always cooperated with the city and supplied things to the park which were not required but requested by the city. JPS would not be asking the City for any money but would instead fund the plan through organizations, donations and fund-raising. He stated that the timeline to complete this plan would be approximately 3-5 years but that the community events circle and connection to the parking lot would be done within the first year. Commissioner Perrotto said that he is in support of the concept and asked Mr. Stehura if he had considered Staff’s recommendation to concentrate the expansion to the north end of the park where there are existing monuments. Mr. Stehura indicated that monuments are planned for this area already and that adding more than what is planned there could give it a cemetery-like appearance without any aesthetic appeal. Duane Cherek, Planning Services Manager, presented the written staff report. The public hearing was opened and the following people appeared to speak regarding this item:  Bob Abb, Member of American Legion Post #205. Stated that the American Legion has been around for 91 years, has run many City events, and would like to help to build a Patriotic Center in Traxler Park along with other organizations. He stated the plan would enhance the park by attracting people and giving them a place to assemble. He added that people coming to the park for other events would be able to enjoy the monuments as well and the attraction might even help downtown businesses.  Buneva Deuel, 1625 Purvis, President of Unit 437 Military Order of the Purple Heart, spoke in favor of the proposal.  Bob Engstrom, President of Vietnam Veteran’s Chapter in Janesville, stated that every organization and every event brings something of value to the park. He spoke in favor of the request and felt it was an opportunity to enhance a little-used area of the park, make it accessible to the handicapped, educate children and attract visitors.  Al Pacheco, Vietnam Veteran, stated that Traxler Park was one of the most visited parks in the City due to the Medal of Honor Walkway and the Aqua Jays ski show and that the Aqua Jays endorse this project realizing that their events and tent space would not be hindered. He stated that 60,000 people have visited the wall and that it is an enhancement to the City which draws tourists.  Chris Last, 715 N Garfield Avenue, stated that the Janesville Renaissance Fair uses Traxler Park for their event on the southeastern portion of the loop because it has the space and power they need. He stated that the event has grown over the last few years and, since they are no longer able to use the area containing the ice rink due to the berm, they would prefer to use the south and eastern portion of the park because they need power. He stated he is in favor of the proposal but requested that if this plan was approved, JPS wait until after this year’s Renaissance Fair on May 14 before breaking ground.  Lamar Deuel, 1625 Purvis, Associate Member of the Military Order of Purple Heart and past Commander of VFW, stated that he has lived in Wisconsin for 15 years but prior to that, he lived in San Diego for 44 years. He stated that although San Diego was a military City, there wasn’t a plan such as this one anywhere in the city. He felt it was a very unique proposal and spoke in favor of it.  Mike Payne, 245 Knoll View Drive, past President of Janesville Lion’s Club, referred to the letter from the Lions Club which was included in the staff report on this item. He stated that the Janesville Lions Club was founded in 1922 and one of their first community service projects was to purchase 30 acres along the riverfront known as Goose Island. This land was transferred to the City in the late 1920’s for purposes of creating parkland and open space for the community. He stated that the club had also donated a pavilion building for the park. He stated that there are 16 events outlined to occur annually in the park with participants ranging from 2,100 to 29,000 people. He stated that the plan had been presented to the Lions Club last year and there was a genuine interest in the project but a number of concerns regarding the magnitude of expansion and impact to the greenspace area. He stated that the proposed expansion was located within the 100-year floodplain and wondered if JPS had considered the physical and financial impacts of future floods. He questioned who would be responsible for correcting possible defects or trips hazards caused by roots from trees within the sidewalk/greenspace areas. He stated that there were a significant number of user groups and activities programmed for public assembly in the greenspace area and he felt the public may feel it would be disrespectful to erect tents and park vehicles within the monument display areas. He said that the Lions Club would be supportive of a more consolidated plan within the northern end of the park.  Barry Gazso, 3413 W. Forest Lane, JJR Civil Engineers & Landscape Architects in Madison, stated he is here on a voluntary basis and that he had asked the veteran’s group if they had a problem with anyone running around the monuments. They indicated that they would not and in fact they wanted to encourage uses within the area in hopes that it will generate interest in the monuments. Commissioner Perrotto asked if Mr. Gazso had thoughts on how to expand to the north end without it appearing as a cemetery. Gazso stated that he was skeptical that could be avoided but he hasn’t attempted to draw it out. He added that expanding only into that portion would cause problems not only for the current JPS plan in place but for any additions/expansion in the future. Chairperson Zolidis asked about stormwater management conditions, as this is an area that floods, and how it would be maintained. Gazso answered that the area where the circle is located is the area that floods the least even during a 100-year flood event and that the Parks Department has been working diligently to mitigate some of the flooding in that park. He added that many of the trees are suffering from flooding or other natural events and some of them may need to be removed and that the soil in the area should be looked at.  Tom Stehura, 1309 Manor Drive, stated that JPS replaced wiring, fixed displaced brick, and cleaned up after the last flood and that they have $10,000 in their account to cover the insurance deductible. He added that they have also taken care of minor vandalism in the area. He believes the open space in the center of the circle will draw people into it and that they could push the monuments all the way out to the road so as not to detract from the center area. He confirmed that JPS did not have a problem with kids climbing on or around the monuments because while that’s happening, the monument might be read. Commissioner Perrotto asked how JPS would feel if a non-member wanted to erect a monument. Mr. Stehura stated that as long as that organization followed the same review process and criteria then they would have a right to do so. The public hearing was closed. Commissioner Perrotto asked what Staff’s position was following the public hearing. Cherek pointed out that the most critical area of open space is north of the parking lot in the southern portion of the loop because of its adjacency to support facilities and its available staging area for most events that take place in the park. If there is a need on JPS’s behalf to have greater land area around future monuments, a suggestion would be to commence their expansion in the vicinity of existing Veteran’s Plaza facilities at the north end, and then work their way around the perimeter of the inner park loop from the north. Ultimately there should be an attempt to preserve or protect that area of programmable open space which experiences the greatest amount of community-wide interest and use. Cherek continued that JPS’s proposal may cause the contiguous area of existing open space to be fragmented. He stated that it is important to balance the interest in protecting the available open space so it continues to serve the needs of many groups and the entire community. Cherek pointed out that the area and configuration of the proposed walkway on the southern portion of the inner parkland loop is roughly 2 ½ acres in size, leaving a balance of 4 acres on the north end. He stated that four acres should be sufficient to accommodate a design of up to 6 additional monuments as they are proposing, and a walkway could be extended from the parking lot to access the monument sites. Lastly, Cherek explained that staff consistently bases its recommendations whenever possible on established City plans. The City’s Park & Open Space Plan which recognizes that expansion of the Veteran’s Memorials is appropriate in Traxler Park, but it also indicates that open space and parking are limited, especially during major events with a large number of people in attendance. He added that limited options exist to expand this park because of its physically surroundings. Therefore, staff is trying to protect a critical area of open space directly north of the parking lot and believes there should be some middle ground in the decision. Chairperson Zolidis asked if the Plan Commission voted unfavorably, would JPS be able to come back with a new design at another time. Cherek stated that the options would be to move it forward to council with whatever action the Plan Commission takes or for JPS to come back to PC with an alternative proposal. He suggested that maybe an advisory committee of interested parties could be organized to come up with a proposal that satisfies all concerns. Commissioner Hanewold believes that pushing it into the north end separates the park into JPS’s area and everyone else’s area which goes against JPS’s goal about cross- over for awareness of their project. She stated that she believed room should be made for all uses to blend. Commissioner Perrotto stated that he was not convinced that pushing it to the north end would create a cemetery appearance and he’d like to see an attempt to design it in that manner. Commissioner Voskuil stated she would like to see the project move forward but would also like to balance the needs of the community. She referred to the seven purposes for the expansion that JPS presented and didn’t believe that any of them were dictated by the size of the area. She stated that she would like to see more handicapped accessibility to north end. She questioned, since this is a three to five year project, if it could be started at the northern end and depending on how well it’s being received and funded, continue potential future phases to the south. She stated that she’s struggling with the size of the project and believes a better job would be done keeping it to the northern end of the park. She wasn’t certain that the expansion was addressing all of the needs of all users of the park. Commissioner Werner thanked the veterans for their service and support they’ve shown the city. He stated that he would like to see a revised plan with the circle concept for the expansion in the north end of the park in order to balance the use of open space. There was a motion by Commissioner Perrotto with a second by Chairperson Zolidis to postpone their decision until such time the petitioners can work with staff to redesign the proposal by looking to the northern end of the park to see how it could be expanded there. Commissioner Werner asked if JPS would rather that the item be postponed or voted upon to forward either a favorable or unfavorable decision to the City Council. Mr. Stehura stated that they wouldn’t have a problem meeting with staff to show what the project may look like if it was pushed north but he would need a definition as to how much of the area is considered “north”. He continued that since Council asked for a recommendation from the Plan Commission, he would prefer that the Plan Commission follow their direction even if it means sending the item to the Council with a negative recommendation. He stated that if the Council requests JPS to revise the plans, they could ask that of them. He indicated that JPS could meet before the Council Meeting to discuss Plan Commission’s recommendation. Commissioner Perrotto and Chairperson Zolidis agreed to withdraw their original motion. Commissioner Werner made a motion with a second by Commissioner Voskuil to make an unfavorable recommendation to the City Council on the plan presented today noting that the Plan Commission thinks the concept is a good concept, that there should be a fitting celebration recognizing veterans and that the park is a good place for that, but that Plan Commission’s preference would be if the project could be consolidated more around the existing monument area to the north. The motion passed on a 4-1-1 vote with Commissioner Hanewold opposed and Commissioner Perrotto passing. cc: Eric Levitt Jay Winzenz CLERK-TREASURER MEMORANDUM April 19, 2011 TO: City Council FROM: Jean Ann Wulf, City Clerk-Treasurer SUBJECT: Presentation on Proposed Supervisory Districts Based on the 2010 U.S. Census Background Rock County established an Ad Hoc Redistricting Committee to review the County’s population numbers and create 29 County Supervisory Districts. The committee is comprised of several County Board Supervisors and citizens at large. The Redistricting Technical Committee (non-voting) provides support to the Ad Hoc Redistricting Committee and is comprised of various municipal clerks. Process County (First 60 days) The County received the results of the U.S. Census in March 2011 and called the first Ad Hoc Redistricting Committee meeting on March 28, 2011. At this meeting, the committee established the schedule for redistricting and the criteria to be used in creating County Supervisory Districts. The following is the criteria that will be followed: Supervisory District Population 5,529 +/– 3% Municipal Ward Size Restrictions Contiguous and Compact Districts City / County Representation Whole Municipalities Where Possible Polling Place Considerations Preservation of Communities of Interest School District Considerations Preservation of Minority Population Keep Incumbents in their Districts Preservation of Core Districts Future Development Areas Based on the above criteria, the committee met three times to review and refine the Preliminary Supervisory District map. The proposed map will receive its public hearing on April 28, 2011 and is scheduled for adoption on May 12, 2011. City (Second 60 days) The City will receive the Preliminary Supervisory District map the week of May 16, 2011. We will then have 60 days to create Municipal Wards within the Supervisory Districts. We are able to propose minor changes to the Supervisory Districts if there is a conflict in creating wards. Typically, the City has two wards per Supervisory District with population ranging from 2,500-2,900. The Council will be asked to adopt an ordinance which creates the new wards and establishs polling places. County (Third 60 days) The County receives the adopted ward plan and maps from the municipalities. The County Board will then adopt the final Supervisory District plan which incorporates the preliminary map as adopted and any changes made by the municipalities. Attachments: (Existing Supervisory Districts; Proposed Supervisory Districts) cc: Eric Levitt, City Manager Jay Winzenz, Assistant City Manager Í«°»®ª·±®§ Ü·¬®·½¬ Î±½µ Ý±«²¬§ô É·½±²·² ÅðïñîððèÃ ÏÎ îê Z! y xz } | çð ïì } | Ô»§¼»² ïì îð ç îï ïç } | ïì Ý·¬§ Í«°»®ª·±®§ Ü·¬®·½¬ îî Z! ïè Z! ïïïîï ß ±º Ø îïîîî íïíîí Ö¿²»ª·´´» ìïìîì ëïëîë îí êïêîê îì éïéîé Z! èïèîè îë ÓÓ çïçîç ïðîð Ô±½¿´ Î±¿¼ Z! Ï Î Ý±«²¬§ Î±¿¼ Ñ Ï Î Z! Í¬¿¬» Ø·¹¸©¿§ ïï } | y xz ïï ïì Ü ×²¬»®¬¿¬» Ø·¹¸©¿§ çð îê Ý·¬·» ¿²¼ Ê·´´¿¹» îè îç îé Z! Ö ® Ï Î ÿ ïï ðï Ó·´» Z! Ù Ü¿¬¿ Í±«®½»æ Î±½µ Ý±«²¬§ Ð´¿²²·²¹ ¿²¼ Ü»ª»´±°³»²¬ ß¹»²½§ Ü®¿º¬ íæ Ì»²¬¿¬·ª» Í«°»®ª·±®§ Ü·¬®·½¬ Ý·¬§ ±º Ö¿²»ª·´´» ¿²¼ Ê·½·²·¬§ô É·½±²·² ìñïèñîðïï ë ç îð Í«°»®ª·±®§ Ü·¬®·½¬ Û¨·¬·²¹ Ð±´´·²¹ Ð´¿½»ïë ×²½«³¾»²¬ïê ï ì Í½¸±±´ Ü·¬®·½¬ Þ±«²¼¿®·»ïé î ïç î Ó«²·½·°¿´ Þ±«²¼¿®·»ïè í îî ïç ì îï ïè îð ë îï ê îî é îí è îì ç îì îë ïð îí îê ïï îé îë ïî îè ïí îç îç ïì îé ÿ îê ðï Ó·´» é è îè ïð DEPARTMENT OF PUBLIC WORKS MEMORANDUM 25 April 20011 TO: City Council FROM: Mike Payne, Engineering Manager SUBJECT: Action on a Proposed Resolution requiring the Union Pacific to repair two at-grade crossings and petition the Office of the Commissioner of Railroads for an investigation of the repairs.(File Resolution No. 2011-797) Exective Summary: u The Engineering Division has been corresponding with the Union Pacific Railroad for approximately seven (7) months about the need to reconstruct a Union Pacific Railroad crossing on S. Pearl Street at the Johnson Street intersection. The streets in this area are being reconstructed later this summer. The contract has already been awarded to Frank Silha & Sons Excavating. The project is anticipated to start in late July. Adoption of this Resolution requires the Union Pacific to make repairs at two (2) railroad crossings within 30 days. If the Union Pacific does not make the repairs within 30 days, the Resolution instructs staff to petition the Office of the Commissioner of Railroads to order the repairs at 100% Union Pacific cost. City Manager’s Recommendation: The City Manager concurs with the Engineering Division recommendation. Engineering Division Recommendation: The Engineering Division recommends Resolution No. 2011-797 be adopted. Suggested Motion: I move to adopt Resolution No. 2011-797. Background The City offered to purchase the concrete panels and provide traffic control for the S. Pearl Street at-grade railroad crossing reconstruction by Union Pacific crews prior to the street reconstruction. The City’s estimated cost is approximately $15,000 with this scenario. The City historically participates in railroad crossing replacements using this approach. In fact, the Wisconsin & Southern Railroad agreed to this approach for one of their crossings at the north end of the S. Pearl Street project. The Union Pacific would like to the City to participate in 50% of the costs estimated by Union Pacific to complete the work. The Union Pacific’s estimate for this work is approximately $82,000, resulting in a request for City participation up to $41,000. The City has not participated in replacement of railroad crossings at this level in the past, it is beyond the City’s budget for this effort, and would be inconsistent with the arrangement with Wisconsin & Southern on the same street reconstruction project. For these reasons, the City is pursuing a process outlined in State Statute 86.12 to require upgrades of two Union Pacific crossings within the street reconstruction project limits. The affected areas include a railroad crossing of S. Pearl Street at Johnson Street and a railroad crossing of Johnson Street at S. Pearl Street. Attachment: - Letter to Union Pacific Railroad cc: Eric Levitt Jacob J. Winzenz Carl Weber CITY OF JANESVILLE RESOLUTION NO. 2011-797 A Resolution requiring the Union Pacific to repair two at-grade railroad crossings and petition the Office of the Commissioner of Railroads for an investigation and order for the repairs. WHEREAS, S. Pearl Street and Johnson Street, are intersecting public streets in the City of Janesville and cross the tracks of the Union Pacific at-grade, and WHEREAS, section 86.12 of the Wisconsin statutes requires railroads to maintain public at- grade crossings is in good condition and repair for public travel, and WHEREAS, under a local public works improvement project, the City of Janesville will be reconstructing S. Pearl Street and Johnson Street in 2011 resulting in anticipated useful life serving the next 20 years, and WHEREAS, the last street rehabilitation project occurred in 1990 without any improvements to the subject at-grade Union Pacific crossings, and WHEREAS, the City of Janesville is not aware of any rehabilitation work by the Union Pacific on the existing rails and ties as part of the 1990 street rehabilitation project or since that project was completed, and WHEREAS, the existing at-grade Union Pacific crossings do not meet current industry standards (currently a three rail installation with 112 lb rails) that will likely fail before the new pavement has reached the end of its useful life, and WHEREAS, the City of Janesville hereby requires the Union Pacific to pave, repair, change, update rails & ties, or otherwise improve the crossings, as the needs require, concurrent with or before said public works project, and NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby directs the City of Janesville staff to serve a copy of this resolution upon the Union Pacific requiring the railroad to repair the rail-street crossing of S. Pearl Street at Johnson Street and crossing of Johnson Street at S. Pearl Street with the tracks of the Union Pacific in the City of Janesville, Rock County. NOW, THEREFORE, BE IT FURTHER RESOLVED, that in the event that the Union Pacific fails to repair the rail-street crossing within 30 days after service of the resolution, the City Council hereby directs the City of Janesville staff to take all necessary steps to petition the Office of the Commissioner of Railroads for an investigation and order for the repair of the rail- street crossings of S. Pearl Street at Johnson Street and crossing of Johnson Street at S. Pearl Street with the tracks of the Union Pacific in the City of Janesville, Rock County. CITY OF JANESVILLE RESOLUTION NO. 2011-797 (Page 2) ADOPTED: MOTION BY: SECOND BY: APPROVED: COUNCILMEMBER AYE NAY PASS ABSENT Eric J. Levitt, City Manager BRUNNER DONGARRA-ADAMS ATTEST: LIEBERT Jean Ann Wulf, City Clerk-Treasurer McDONALD RASHKIN APPROVED AS TO FORM: STEEBER VOSKUIL Wald Klimczyk, City Attorney Proposed by: Engineering Division Prepared by: Engineering Division CITY MANAGER’S MEMORANDUM April 19, 2010 TO: City Council FROM: Eric J. Levitt, City Manager SUBJECT: Committee Appointment Attached is Council President George Brunner’s proposed Councilmember committee appointments. Council please approve. Please let Council President Brunner know if you have questions or comments. Thank you. 2011/2012 COMMITTEES, COMMISSIONS, BOARDS AND AUTHORITY APPOINTMENTS MADE BY COUNCIL PRESIDENT COUNCILMEMBER ALCOHOL LICENSE ADVISORY COMMITTEE McDonald Term: 1 Year CABLE ADVISORY COMMITTEE Rashkin Term: 1 Year COMMUNITY DEVELOPMENT AUTHORITY Liebert Term: 1 Year Steeber DOWNTOWN DEVELOPMENT ALLIANCE Brunner Term: 1 Year Voskuil DOWNTOWN RENAISSANCE PARTNERSHIP Brunner Term: 1 Year ICE SKATING ADVISORY COMMITTEE Liebert Term: 1 Year LEISURE SERVICES ADVISORY COMMITTEE Dongarra-Adams Term: 1 Year PLAN COMMISSION Dongarra-Adams Term: 1 Year Voskuil SUSTAINABLE JANESVILLE COMMITTEE Rashkin Term: 1 Year TIF DISTRICT REPRESENTATIVE McDonald Term: 1 Year TRANSPORTATION COMMITTEE Steeber Term: 1 Year