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Full Agenda Packet Revised 5/6/11 CITY OF JANESVILLE CITY COUNCIL MEETING AGENDA MONDAY, May 9, 2011 7:00 P.M. 1. Call to Order and Pledge of Allegiance. 2. Roll Call. 3. Minutes of regular City Council meeting of April 25, 2011. “C” 4. Licenses; and Recommendations of the Alcohol License Advisory Committee. (Refer to separate agenda.) “C” 5. Special recognition: Action on a proposed resolution in commendation of Joseph L. Clough’s service to the City of Janesville. (File Res. No. 2011-802) th 6. Action on a proposed resolution recognizing the week of May 15 as “Emergency Medical Services Week”. (File Res. No. 2011-806) th 7. Action on a proposed resolution recognizing the week of May 15 as th “National Police Week” and the day of May 15 as “Peace Officers Memorial Day”. (File Res. No. 2011-798) OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. NEW BUSINESS 1. Action on a financial gain request from the Janesville Nighthawks Football Organization to host a Nighthawks in the Park public event to benefit a non-profit organization at Monterey Park on Saturday, June 4, 2011. ----------------------- “C” – This designation indicates an item that the City Council will take up under a Consent Agenda. City Council Agenda – May 9, 2011 Page 2 NEW BUSINESS (CONTINUED) 2. Public hearing and action on a proposed resolution accepting the conveyance of land for public right-of-way at 3377 Milton Avenue and at 3359 Milton Avenue. (File Res. No. 2011-788) 3. Action on a proposed resolution authorizing the acceptance of a quit claim deed from WisDOT to permit access to STH 26 for the property located at 3377 Milton Avenue and a separate agreement between the City and the owner of property at 3377 Milton Avenue. (File Res. No. 2011-789) 4. City Manager Report: Revaluation (Part 3) 5. Authorize Administration to increase transit special fare token cap limit. 6. Action on a proposed resolution authorizing the acquisition and demolition of property at 527 North Pearl Street. (File Res. No. 2011-804) 7. Action on a proposed resolution authorizing the acquisition and demolition of property at 14 South Grant Street. (File Res. No. 2011-803) 8. Possible action on a proposed letter from the City Council to the Joint Committee on Finance regarding the State Budget Bill. 9. Introduce and schedule a public hearing on a proposed ordinance amending JGO Sections 5.52.011(A) and 5.52.040(A) regulating pawnbrokers, second hand article dealers, and second hand jewelry dealers in the City of Janesville. (File Ord. No. 2011-482) 10. Introduce, refer to Plan Commission and schedule a public hearing on a proposed ordinance rezoning property located at 3400 County Trunk F (Rock County campus) from M1 to O1. (File Ord. No. 2011-481) 11. Introduce, refer to Plan Commission and schedule a public hearing on a proposed ordinance rezoning property located at the southwest corner of Sandhill Drive and North Wright Road from R1 and R3 to O1. (File Ord. No. 2011-484) 12. Requests and comments from the public on matters which can be affected by Council action. City Council Agenda – May 9, 2011 Page 3 NEW BUSINESS (CONTINUED) 13. Matters not on the Agenda. 14. Motion to adjourn. The use of audible cell phone ringers and active use and response to cellular phone technology by the governing body, staff and members of the public is discouraged in the Council Chambers while the Council is in session. PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING APRIL 25, 2011 VOL. 62 NO. 2 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on April 25, 2011. The meeting was called to order by Council President Brunner at 7:00 PM. Present: Council President Brunner, Councilmembers Dongarra-Adams, Liebert, McDonald, Rashkin and Steeber. Absent: Councilmember Voskuil. Council President Brunner welcomed new Councilmembers Deb Dongarra-Adams and Sam Liebert to the City Council. CONSENT AGENDA Regular City Council meeting minutes of April 11, 2011. Special City Council meeting minutes of April 19, 2011. Licenses; and Recommendations of the Alcohol License Advisory Committee. Financial statement for the month of March, 2011. Council President Brunner stated that all items on the consent agenda would be approved if there were no objections. There were none. Action on proposed resolutions recognizing the 2011 Sustainable Janesville Award Recipients. Councilmember Steeber moved to adopt said resolutions which recognized Data Dimensions, Mocha Moments and Basics Cooperative, seconded by Councilmember McDonald and passed unanimously. (File Res. Nos. 2011-799, 2011-800, 2011-801) Action on a proposed resolution recognizing May 6, 2011 as Rotary Botanical Gardens Day in the City of Janesville. Councilmember Rashkin moved to adopt said resolution, seconded by Councilmember McDonald and passed unanimously. (File Res. No. 2011-792) OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. Mike Eggleston, representing the Veterans United for Veterans, and Al Pacheco, representing the Patriotic Society, spoke in favor of the expansion of the Veteran’s Memorial Plaza in Traxler Park. Joel Shapiro, representing the Rock Aqua Jays, Shelly Kakouris, representing the Janesville Renaissance Faire, and Alfred Lembrich, 541 Miller Ave., expressed concerns about the amount of space to be dedicated to the Veteran’s Memorial Plaza and suggested a smaller space (O.B. #4). Neil Deupree, 419 S. Franklin St., thanked the Council for presenting the Awards for Sustainability and the recognition of Rotary Gardens. 2. A final resolution for Public Works Projects (contract 2011-10: water and sewer assessments) included in Bid Schedule B-2011 received its public hearing. No one spoke. The public hearing was closed. Councilmember Steeber moved to adopt said resolution and approve a five year non-use deferment for water main only on Huntinghorne Dr. and water and sewer on McCormick Dr., as well as non-use deferments for water and sewer on Fox Hills Ct. until existing septic systems or wells fail or residential properties are sold. Councilmember Dongarra-Adams seconded the motion and it passed unanimously. (File Res. No. 2011-796) 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. Councilmember Steeber moved to award the following contracts to the low bidders with the intent to include funds in the 2011 Note Issue: Contract Company Amount 2011-9 Valia Excavating, LLC $37,450.00 2011-10 R.T. Fox Construction, Inc. $567,051.00 2011-11 Bjoin Limestone, Inc. $50,285.68 2011-12 Rock Road Companies, Inc. $1,249,736.45 The motion was seconded by Councilmember Liebert and passed unanimously. 4. Consideration, deliberation, and action on Janesville Patriotic Society request for Veteran’s Memorial Plaza expansion at Traxler Park. Tom Stehura, President of the Janesville Patriotic Society, presented a plan to enhance the Veteran’s Memorial site at Traxler Park. Councilmember Steeber moved to grant the Janesville Patriotic Society’s request for minor improvements around the eternal flame, seconded by Councilmember McDonald and passed unanimously. Councilmember McDonald moved to ask the Janesville Patriotic Society to submit a revised plan to the Plan Commission with a diagram of monument placement on the north end and/or along the roadway and work with the Parks Department, Plan Commission and staff to complete that plan. Councilmember Liebert seconded the motion and it passed by the following vote: Aye: Brunner, Dongarra-Adams, Liebert, McDonald and Rashkin. Nay: Steeber. NEW BUSINESS 1. City Manager Report: Revaluation (Part 2). Richard Haviza, City Assessor, presented information regarding the revaluation explaining that it is a revenue neutral task meaning that it will not increase revenue for the City but it will more accurately and fairly distribute the tax collected among the property owners in the City of Janesville. 2. Presentation on proposed supervisory districts based on the 2010 United States Census. Jean Ann Wulf, City Clerk-Treasurer, presented information regarding Rock County’s redistricting activities based on the 2010 United States Census and how it affects the City of Janesville. 3. Action on a proposed resolution requiring the Union Pacific Railroad to repair two at-grade crossings and petition the Office of the Commissioner of Railroads for an investigation of the repairs. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Liebert and passed unanimously. (File Res. No. 2011-797) 4. Consideration and action concerning approval of Council President recommended councilmember committee appointments. Councilmember Rashkin moved to approve all Council President recommended appointments, seconded by Councilmember Steeber and passed unanimously. 5. Requests and comments from the public on matters which can be affected by Council action. Jack Herndon, 404 S. Walnut St., provided information about Redneck Fest including updated maps, a safe st ride program and also stated that all proceeds would go to Easter Seals. The event dates are July 1 (4 nd pm to 10 pm) and July 2 (10 am to 10 pm). 6. Matters not on the Agenda. Councilmember McDonald asked when trash cans will be placed in the parks and City Manager Levitt stated that the Parks Department is in the process of opening the parks for the public. Councilmember Steeber stated that there will be a Law Enforcement Memorial Service on May 6, 2011 at noon at the State Capital. Council President Brunner thanked the Living Lands and Water for the trees they donated to the City of Janesville and the Friends of Riverside Park for planting them. He also stated there will be a volunteer appreciation event on May 4, 2011. A Study Session on the Debt and Fund Balance Policies will be on April 27, 2011. 7. Councilmember Steeber moved to convene into closed session, pursuant to Wisconsin Statute Section 19.85 (1)(e) for the purpose of deliberating and setting the negotiation 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 seconded by Councilmember McDonald and passed unanimously. There being no further business, Council convened into closed session at 9:47 p.m. These minutes are not official until approved by the City Council. Jean Ann Wulf City Clerk-Treasurer JANESVILLE CITY COUNCIL LICENSE AGENDA 5/9/2011 RECOMMENDED A. ELECTRICIANS–ORIGINAL Benjamin J. Miller P.O. BOX 460, Big Bend, WI B. ORIGINAL AND RENEWAL RESERVE CLASS B INTOXICATING LIQUOR AND FERMENTED MALT BEVERAGE LICENSE MCDJ, LLC d/b/a Sneakers Sports Bar & Grill 1221 Woodman Rd. C. 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ROHERTY DISTRIBUTO R GRAY BREWING COMPANGRAY BREWING CO2424 W COURT STROBERT R. GRAY II Y HUMAN RESOURCES DIVISION MEMORANDUM April 20, 2011 TO: City Council FROM: Susan Musick, Human Resources Director SUBJECT: Retirement Recognition Joseph L. Clough Executive Summary At the City Council meeting of May 9, 2011, the following retirement commendation will be considered under the consent agenda: 1. Joseph L. Clough for thirty-five years of service with the City of Janesville (File Resolution Number 2011-802).  Joseph will not be attending the May 9, 2011, Council meeting.  Joseph began working for the City of Janesville on April 8, 1976, as a Laborer I in the Parks Division. He was transferred to the Public Works Division in 1982, and was promoted to the position of Equipment Operator in 1988. In 1989, Joseph was transferred to the Water Utility as an Operator I and was reclassified as an Operator II in 1992.  Joseph’s retirement date is April 29, 2011. Recommendation Staff recommends adoption of File Resolution 2011-802. 1 RESOLUTION NO. 2011-802 Whereas, Joseph L. Clough is retiring from City of Janesville employment after having diligently served the people of the City of Janesville and the community for thirty-five years; retiring as a Water Operator II with the City of Janesville Water Utility; and Whereas, during Joseph L. Clough’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 skill and ability, 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 Joseph L. Clough for his thirty-five years of loyal public service. th Dated this 9 day of May, 2011. Motion by: ADOPTED: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Eric J. Levitt, City Manager Dongarra-Adams Liebert ATTEST: McDonald Rashkin Jean Ann Wulf, City Clerk-Treasurer Steeber APPROVED AS TO FORM: Voskuil Assistant City Attorney Proposed by: Human Resources Prepared by: Human Resources FIRE DEPARTMENT MEMORANDUM April 25, 2011 TO: City Council FROM: Gerry Luiting, Deputy Fire Chief SUBJECT: Action on a proposed resolution recognizing the week of May 15th as “Emergency Medical Services Week” (File Resolution No. 2011-806) The Fire Department has prepared a resolution recognizing the service and dedication of Janesville Fire Department Emergency Medical Technicians and Paramedics by observing the week of May 15-21, 2011 as “Emergency Medical Services Week”. The purpose of Emergency Medical Services Week is to bring local communities and medical personnel together to publicize safety and honor the dedication of those who provide the day-to-day lifesaving services of medicine's "front line." To celebrate this week, the Fire Department is bringing forward a resolution for Council Action declaring May 15-21, 2011 “Emergency Medical Services Week” in Janesville. The City of Janesville Fire Department includes 90 firefighters who are Emergency Medical Technicians or Paramedics. To honor these men and women, Resolution 2011- 806 states the City Council’s intent to observe the week of May 15-21, 2011 as “Emergency Medical Services Week”. Firefighter/Paramedic Roger Scott Running, Janesville Fire Department Paramedic of the Year, will be present and will represent the Janesville Fire Department at the City Council meeting in order to accept this recognition. Recommendation The Fire Department recommends that the City Council adopt Resolution 2011-806 recognizing the week of May 15-21, 2011 as “Emergency Medical Services Week”. City Manager Recommendation The City Manager concurs with the Fire Department recommendation. CC: Eric Levitt, City Manager Jacob J. Winzenz, Director of Administrative Services/ Assistant City Manager James P. Jensen, Fire Chief RESOLUTION NO. 2011-806 A Resolution Recognizing the Week of May 15-21, 2011, as Emergency Medical Services Week. WHEREAS , Emergency Medical Services is a vital public service; and WHEREAS , the members of emergency medical services teams are ready to provide lifesaving care to those in need 24 hours a day, seven days a week; and WHEREAS , access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and WHEREAS , the emergency medical technicians and paramedics are the first responders of the emergency medical services system; and WHEREAS , the members of emergency medical services teams engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and WHEREAS , it is appropriate to recognize the value and the accomplishments of emergency medical services providers in Janesville by designating Emergency Medical Services Week; NOW, THEREFORE BE IT RESOLVEDby the Common Council of the City of Janesville ththrst on this 9 day of May 2011, that the week of May 15 to May 21be observed as “Emergency Medical Services Week”, and call upon all Janesville citizens to especially honor and show our appreciation for the City of Janesville Fire Department, EMTs, and Paramedics by deed, remark and attitude. 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: Councilmember Steeber Councilmember Brunner Prepared by: Gerry Luiting, Deputy Fire Chief JANESVILLE POLICE DEPARTMENT April 21, 2011 TO: Council President Brunner and City Council FROM: David J. Moore, Chief of Police th SUBJECT: Action on a proposed resolution recognizing the week of May 15as th “National Police Week” and the day of May 15as “Peace Officers Memorial Day” (File Res. No. 2011-798) Executive Summary Council President Brunner and Council Vice-President Steeber asked City Administration to prepare a resolution recognizing the service and dedication of Janesville Police Officers by observing the week of May 15-21, 2011 as “National Police Week” and the day of May 15, 2011 as “Peace Officers Memorial Day”. In 1962, the Congress of the United States of America enacted a resolution that allowed th the President of the United States to proclaim May 15 of each year as “Peace Officers th Memorial Day” and the calendar week of each year which May 15 occurs as “National Police Week”. In 1994, the President of the United States signed public law directing that flags of the United States be flown at half-staff on all government buildings on May 15. During this week and on the day of May 15, citizens are encouraged to recognize the sacrifices and contributions of our police officers and to honor those men and women that have fallen in the line of duty. The Janesville Police Department includes 104 sworn officers. To honor these men and women, Resolution 2011-798 states the City Council’s intent to observe the week of May 15-21, 2011 as “Police Week” and the day of May 15 as “Peace Officers Memorial th Day”. Resolution 2011-798 also encourages flags to be flown at half-staff on May 15 in recognition of Peace Officers Memorial Day, honoring those men and women who have lost their lives in the performance of their duties. Officer Perkins will be present and will represent the Janesville Professional Police Association, Local 32 at the City Council meeting in order to accept this recognition. Recommendation The Police Department recommends the City Council adopt Resolution 2011-798 th th recognizing the week of May 15as “National Police Week” and the day of May 15as “Peace Officers Memorial Day”. City Manager Recommendation The City Manager concurs with the recommendation. RESOLUTION NO.2011-798 th A Resolution Recognizing the Week of May 15 as “National Police Week” th And the day of May 15 as “Peace Officers Memorial Day” (File Resolution No. 2011-798) WHEREAS , The Congress of the United States of America has designated the week of May thth 15 to be dedicated as “National Police Week” and the day of May 15 each year to be “Peace Officers’ Memorial Day”; and WHEREAS , Law Enforcement Officers are our guardians of life and property, defenders of the individual right to be free, and dedicated to the preservation of life, liberty and justice; and WHEREAS , it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their law enforcement agency, and that members of our law enforcement agency recognize their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and WHEREAS , the Janesville City Council desires to honor the valor, service and dedication of the Police Officers that serve the City of Janesville. NOW, THEREFORE BE IT RESOLVEDby the Common Council of the City of Janesville ththst, on this 9 day of May, 2011 that the week of May 15 to May 21be observed as “Police Week”, and call upon all Janesville citizens to especially honor and show our appreciation for the Police Officers of the City of Janesville by deed, remark and attitude; and th BE IT FURTHER RESOLVEDby the Common Council that the day of May 15 be proclaimed to be “Peace Officers’ Memorial Day” and that flags be flown at half-staff on this day in honor of those men and women who have lost their lives in the performance of their duties, while protecting their fellow citizens and communities. 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: Council President Brunner & Council Vice President Steeber Prepared by: Chief Moore LEISURE SERVICES DEPARTMENT MEMORANDUM April 18, 201 TO: City Council FROM: Shelley Slapak, Acting Recreation Director SUBJECT: Action on a Financial Gain Request from Janesville Nighthawks Introduction The Janesville Nighthawks Football Organization has submitted an application requesting approval of a public event to benefit Project 16:49, which benefits homeless teens in Rock County. The event is to be conducted at Monterey Park. The event is scheduled to take place on Saturday, June 4, 2011, and is titled “Project 16:49 Family Day”. According to Chapter 12.62, in section 12.62.02 of the Janesville Municipal Code, the City Council must approve all first time special event applications involving financial gain. Attached is a copy of the application and park layout map for the event. Background The Janesville Nighthawks have provided the Leisure Services Department with a completed application, and a map of the event layout for Monterey Park. They have also paid the appropriate event fee, and will provide a certificate of liability insurance once the event is approved. Staff Recommendation Leisure Services has reviewed this application, and staff recommends that the City Council approve the request from the Janesville Nighthawks Football Organization to conduct a public event fundraiser to benefit Project 16:49. City Manager Recommendation The City Manager concurs with the recommendation. Suggested Motion I move to approve the financial gain request from the Janesville Nighthawks Football Organization to conduct the “Project 16:49 Family Day” fundraiser. Please contact me if you have questions or concerns regarding this event. Attachments Cc: Eric Levitt, City Manager Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services 1 Community Development Department Memorandum Date: May 9, 2011 TO: Eric J. Levitt, City Manager FROM: Brad Schmidt, AICP, Associate Planner SUBJECT: Action on a proposed resolution accepting the conveyance of land for public right-of-way at 3377 Milton Avenue and at 3359 Milton Avenue (File Resolution No. 2011-788). Action on a proposed resolution authorizing the acceptance of a quit claim deed from WisDOT to permit access to STH 26 for the property located at 3377 Milton Avenue and a separate agreement between the City and the owner of property at 3377 Milton Avenue (File Resolution No. 2011-789). SUMMARY The Planning Commission approved a conditional use on February 21, 2011, for a gasoline/convenience store and a restaurant with a drive-up window at 3377 Milton Avenue. One critical aspect of this proposal includes obtaining vehicular access to the site from Milton Avenue. In order to provide access, the existing Milton Avenue frontage road located on the adjacent property to the south (adjoining Kwik Trip) must be extended a short distance north. The existing curb opening to the Milton Avenue frontage road will continue to be utilized with this proposal. However, in order for these measures to be implemented, the following actions must occur: 1. City acceptance of a deed conveying land for the extension of a frontage road at 3359 Milton Avenue. 2. City acceptance of a deed conveying land for right-of-way purposes at 3377 Milton Avenue to permit public access to Morse Street. 3. City acceptance of a deed from WisDOT to transfer jurisdictional control for the STH 26 (Milton Avenue) driveway/access point adjacent to 3377 and 3359 Milton Avenue. 4. Agreement executed between the property owner of 3377 Milton Avenue and the City complying with conditions of WisDOT to mitigate any future negative impacts associated with the STH 26 driveway/access point. Failure to approve any of the four requests listed above will result in a denial of the Conditional Use Permit granted by the Plan Commission for the commercial development located at 3377 Milton Avenue. DEPARTMENT RECOMMENDATION The Plan Commission and Community Development Department recommend that the City Council support a motion to adopt Resolution No. 2011-788 accepting the conveyance of land for public right-of-way at 3377 Milton Avenue and at 3359 Milton Avenue; and a motion to adopt Resolution 2011-789 authorizing the acceptance of a quit claim deed from WisDOT to permit access to STH 26 for the property located at 3377 Milton Avenue and a separate agreement between the City and the owner of property at 3377 Milton Avenue. CITY MANAGER RECOMMENDATION The City Manager defers to the Plan Commission recommendation. SUGGESTED MOTION A motion to adopt Resolution No. 2011-788 accepting the conveyance of land for public right-of-way at 3377 Milton Avenue and at 3359 Milton Avenue; and a motion to adopt Resolution 2011-789 authorizing the acceptance of a quit claim deed from WisDOT to permit access to STH 26 for the property located at 3377 Milton Avenue and a separate agreement between the City and the owner of property at 3377 Milton Avenue. ANALYSIS A. The 3377 Milton Avenue site is currently undeveloped and was created as part of the 2005 Oasis/Menards redevelopment project. The property is located at the southwest corner of Milton Avenue and Morse Street. B. On February 21, 2011, the Plan Commission approved a Conditional Use Permit for a gasoline/convenience store and restaurant with a drive-up window (Exhibit “A”). The project was approved subject to a variety of conditions to improve traffic flow in and around the site. Two of the conditions required the dedication of land for public right-of-way to allow access to Milton Avenue and include the following: 1. Positive action on the acceptance and recording of a quit claim deed for a public right-of-way conveyance adjoining Milton Avenue by the City Council. 2. Recording of a deed held in trust by the City for a ten-foot wide strip of land to extend the public frontage road north to the subject site. Positive action by the City Council on acceptance of the deed is required. C. In 1999, the Kwik Trip site located at 3359 Milton Avenue was redeveloped and the lot was reconfigured as part of a Certified Survey Map. As part of the process, the property owner (Marwood Corp.) dedicated land to allow for the extension of the Milton Avenue frontage road adjoining the Kwik Trip parcel; however, the property owner was reluctant to provide a frontage road dedication extended to his north property line since a through connection of the frontage road to Morse Street would not occur with that action. Staff negotiated an agreement with Marwood Corp. that allowed a quit claim deed for the remaining ten-foot portion of the right-of-way to be held in escrow by the City Attorney (Exhibit “B”). The deed would be held in escrow until such time as the frontage road dedication on the property to the north occurred to allow for an extension of public access through to Morse Street. D. The escrow agreement defines certain conditions which provide the City Attorney authority to record the deed held in escrow. The owner of the proposed development site, BLM Land, LLC, will dedicate by quit claim deed land for a frontage road extension adjoining Milton Avenue, as described in the agreement (Exhibit “C”). Additionally, a “Public Access” easement will be established across other portions of the development site to allow traffic to access the property from the Milton Avenue frontage road and exit onto Morse Street. E. Concerns by two nearby businesses/property owners regarding the use of the Milton Avenue access point were raised at the Plan Commission meeting and in other correspondence with City Staff. The concerns focused on safety of vehicles entering and exiting the Milton Avenue frontage road at the existing opening in front of Kwik Trip. Staff believes that the proposed widening of the Milton Avenue access point will reduce potential conflicts at this intersection. The Planning Commission also required a condition to prohibit traffic from exiting the development site onto the Milton Avenue frontage road and required certain design features and placement of appropriate signage to reinforce this traffic pattern. F. The development site adjoins STH 26. The Wisconsin Department of Transportation (WisDOT) typically maintains review and approval authority over any access changes to State highways such as STH 26. However, in this case, WisDOT agreed to allow for a jurisdictional transfer of this access point to the City provided that a vehicle crash threshold not be exceeded (Exhibit “D”) at the Milton Avenue or Morse Street access points, and provided that traffic does not back up to the Milton Avenue and Morse Street intersection. If these conditions are exceeded, the City would be responsible to remedy or reduce vehicle traffic crashes including initiating traffic studies and paying for modification to the access points to improve vehicular safety. One of the alternatives provided may include closing the access point on the development site. G. In a similar fashion, the City is requiring that the developer acknowledge the restrictions outlined in the quit claim deed from WisDOT and accept similar terms by entering into a separate agreement with the City (Exhibit “E”). The agreement between the City and the land owner/developer of 3377 Milton Avenue places the responsibility on the developer and/or future property owner(s) to pay for all costs associated with any traffic or engineering studies required by the City. The developer or property owner(s) are also required to pay for all site improvements or modifications, including closing access to the development site from the Milton Avenue frontage road or Morse Street if it is found that vehicle accident rates exceed WisDOT crash rate threshold data. The agreement also limits access off of STH 26 (Milton Avenue) to right-in only to the subject site. Traffic is prohibited from exiting the subject site onto the Milton Avenue frontage road. PLAN COMMISSION ACTION – 21 FEBRUARY 2011 Brad Schmidt, Associate Planner, presented the written staff report. Chairperson Zolidis asked about the ingress point over the 10-foot wide gap to clarify that there would not be egress from that spot onto Milton Avenue. Schmidt confirmed that was correct due to safety issues related to traffic pulling out onto Milton Avenue. Chairperson Zolidis asked how no-egress would be controlled and Schmidt answered that staff was working with Angus Young to increase the landscape island in the area to narrow it and that there would be signage to discourage egress as well. Chairperson Zolidis asked if there was currently egress from the frontage road onto Milton Avenue and Schmidt answered that there was right-out egress. Commissioner Werner asked if Condition #1 of the staff report would be nullified if it is determined that the Wisconsin Department of Transportation does not have review authority over a change of use at the Milton Avenue access point. Cherek confirmed that was so and added that if Wisconsin Department of Transportation approval is required, then the conditional use permit is subject to the Wisconsin Department of Transportation allowing for the use of the Milton Avenue access point. Commissioner Werner asked if Condition #5 would be nullified if the adjacent owner didn’t agree to allow access for the construction of roadway improvements. Cherek stated that the language may need to be tightened up on both Conditions #1 and #5 in regards to nullification. The public hearing was opened and the following persons appeared to speak. Speakers who had already spoken at previous meetings on this topic were given a three-minute time limit:  Attorney John Groessl, representing Marwood Corporation, referred to the “Required Findings for Conditional Use Permit Approval” section of the staff report. He stated that he did not believe the plan met Finding #2 as Kwik Trip will be affected with vehicles using this driveway for ingress into the SARA project, that Kwik Trip will lose an egress point and the value of the property will be diminished. He stated that adequate access would not be provided as required in Finding #4. He added, referring to Finding #5, that adequate traffic measures were designed for this site five years ago. Lastly, he believed that required Finding #6, regarding adequate size and shape to accommodate this use, was not being met. Attorney Groessl stated that the project required 500 cars a day to make the service station viable and that many cars slowing down rapidly on Milton Avenue to make a u- turn could cause safety concerns. He also felt that there wasn’t fairness and consistency in the review of this project as compared to the when the frontage road was required for Target, Perkins, Fazolis, Arbys, Kwik Trip who were forced to pay for curb, gutter, paving. He stated that his client will not agree to release the escrow deed but will instead go to court starting with a restraining order. Commissioner Perrotto stated that he would like staff to address each of Attorney Groessl’s comments. Carl Weber, Public Works Director, addressed Attorney Groessl’s first concern regarding no access southbound through the new development. He stated that this was correct and that initially what was considered was a two-lane access easement that would allow movement both north and south, but in order to reduce the number of conflicts at the current access point (north side of Kwik Trip property), staff added a requirement that there be no egress southbound from the new development. In order to block egress from that development, there is no way to allow egress southbound through the site. Weber addressed the second concern regarding the restriction of egress from the Kwik Trip site by stating that nothing in the site plan changes in any way the traffic movements in and out of the Kwik Trip property as they occur now. He indicated that restrictions to the southbound movement would be on the new development site fully north of Kwik Trip’s existing access point and that restriction will be controlled not only by signage but by the extension of a landscape island which will reduce the lane width so that it is not two-lane. He added that movements into the site would logically come from the interstate or north of the interstate so egress would be sought at the intersection of Milton and Morse to return to the north. Weber stated that he could not speak to the concerns regarding job loss or diminished value of property.  Attorney Nancy Johnson, Brennan Steil Law Firm, on behalf of Milton Avenue Holdings, stated objections to the ingress & egress points at Milton Avenue and Morse Street as she believed that there are traffic flow problems even with minor modifications to include this as an ingress. She felt that putting up a sign doesn’t necessarily prohibit people from exiting. She stated that she doesn’t believe that the required Findings #2, #3 and #5 of the staff report have been met and recommends denial of the conditional use permit. Commissioner Perrotto asked Attorney Johnson if she was still not satisfied by Carl Weber’s responses and she stated that she doesn’t believe that changing the access point from ingress-egress to ingress only is going to prevent a traffic problem on Milton Avenue. Commissioner Werner asked Attorney Johnson if she had any proof of diminished value to property and she answered that she did not but she assumed there would be diminished value if Milton Avenue becomes congested and people have trouble accessing the site.  Paul Phillips, DUP Engineering, stated that he reviewed the site plan for the project and that the main concern is the traffic on Milton Avenue. He stated that a U-turn would be done at a slower rate than a typical 90 degree right-turn drive which would cause back up onto to Milton Avenue. He added that if someone has a green light they would be expecting to drive through but may have to slow to a stop which could raise the potential for rear-end accidents in that intersection. He stated that he sees a potential loss of revenue for businesses that are currently operating there because they would be harder to access, and the Morse Street access could become blocked with backed-up traffic. Commissioner Perrotto said that Mr. Phillips has some valid points and asked if Weber could address them. Weber, responding to Mr. Phillips concern about turning from Milton Avenue into the existing access, stated that it’s not an ideal traffic situation for Highway 26, however, it is an existing access point. He indicated that staff was asked early on if the new development could have their own access point and staff said no. He continued that because it’s an existing access point, traffic in this area is accustomed to movements being made at this location. The ingress is built as a drive apron rather than as a street and drivers making a turn there need to slow down at the crosswalk to protect pedestrians. He stated, therefore, that the difference in speed of those making a U-turn movement rather than a 90-degree turning movement would not be much different. He added that there would be an expectation that those turning would be using a turn signal and break lights and that drivers following them need to respect that. He continued that the accident history at this location shows 4 traffic accidents at this access point in the past 3 years. One accident involved a driver making an inappropriate lane change, from the center lane to the right lane striking the vehicle in the right lane, which had little to do with turning movements in and out, and another accident involved a driver rear-ending an individual who was in the driveway before they were able to complete their turn. The other two accidents were vehicles egressing from the Kwik Trip site and colliding with vehicles that were traveling on Milton Avenue. There were no rear-end accidents related to the current configuration at the intersection. Weber stated that there shouldn’t be any traffic backups to the Morse Street entrance as the turn lane by design is a certain length to provide storage for the number of vehicles expected to cue at that location. As far as concerns regarding backups in the roundabout, he stated that roundabouts are designed to slow people down for the safety of both vehicle and pedestrian traffic. Commissioner Werner asked if having three lanes on Milton Avenue, when entering or existing the site, improves flow or reduces any of the potential backup problems. Weber stated that by law, someone leaving the site from Morse to Milton going south would need to enter into the nearest lane. Mr. Philips concurred with Weber’s statement and added that on the flip side, if you’re turning right off of Morse going eastbound, you’d turn into an immediate right-turn lane which could cause a potential conflict for people turning right on red. However, the accident history at this location doesn’t point this out as an issue.  Jeff Woodman, representing Marwood Corporation & Lawrence/Gloria Woodman, 406 Matterhorn Drive, Verona, stated that they were against the plan as presented tonight and questioned why the City reversed its position from 5 years ago when they cited safety concerns regarding opening up and extending the access road. He asked about the new condition (#5) within the staff report concerning the extension of the private roadway west of the site and said that he had not seen or agreed to the referenced Attachment B. He stated that they would like more information regarding this and how it would affect them. In responding to Mr. Woodman’s question, Weber stated that the discussion five years ago involved alternatives for getting traffic from the south to the north and his predecessor came up with three proposals. One was an extension of the frontage road in a conventional manner, which would have intersected with Morse Street in the same way that a frontage road intersects with other streets up and down Milton Avenue. A common problem with frontage roads is that their intersections with the streets perpendicular to the main road are too close and don’t provide enough queuing distance between the frontage road and the main road to allow vehicles to ingress and egress while there are vehicles stopped for the light on the side road. For that reason, the City did not want to see a conventional frontage road alignment there. A second alternative that came up followed the south and west sides of the new parcel. The third alternative was to complete a north south connection roadway between what is the existing east- west road in front of Target carrying past the strip mall and Kwik Trip out to Milton Avenue and the roundabout at Morse St. City Staff has put great effort into brokering an agreement between the new developer, existing property owners and the adjoining owner. Regarding Mr. Woodman’s comment on Condition #5, Weber indicated that the requirement staff has put on the new developer is that they do their portion to get the roadway built to their property line but if Marwood was to provide permission to get this completed and constructed (public access easement), that the developer still would hold that responsibility as they have offered to pay for the cost of that improvement. Staff has an agreement from this developer (Sara) to do its part but the condition is open ended as it is based on the agreement of the adjoining owner. Weber stated that to date, staff has not been able to accomplish the task of getting the parties to agree and that Condition #5 does not require anything of Marwood; it just requires something of SARA if Marwood agrees to participate. Chairperson Zolidis asked who owns the westerly access road and Weber answered that it was owned by BLM, the developer of the Menards site.  James Campbell, Representing Cambeck Petroleum, owner of Exxon station on Milton Avenue. Stated that the access point to this development is less than ideal on Milton Avenue and questioned why something that is less than ideal would be placed on the gateway into Janesville where many dollars have been spent doing traffic studies. He stated that the frontage roads have been a problem for so many years and asked why the City would take a chance on creating more traffic problems. He stated that the development would need potentially 500 cars per day to exist and that he felt most of those cars would head for the nearest driveway which would be on Milton Avenue.  Joseph Stadleman, AYA, representing Sara Investments. Stated that several changes to the plan have been agreed upon including the angled fuel canopy, reduction of one fuel pump, elimination of diesel from the site, rear access road design, moving of access easement to pave more land, and elimination of the ability to egress onto Milton Avenue from that location at Milton Avenue. He stated that the project was within the DOT standards of 75 feet from the intersection having ingress immediately from Milton Avenue onto our property. He said that traffic counts on Milton Avenue are roughly 30,000 per day past the site and that there had only been 4 accidents there within the past 3 years. He said that adding an outlet into the ingress means that if Kwik Trip is backed up, there will be an option to take a right and move off of Milton Avenue and that in his opinion, adding this egress makes it safer. Lastly, he said that the taper is designed for a larger volume of traffic than will ever be seen there and is designed for highway speeds.  Eric Schwartz, President of Sara Investments, Madison, WI, and developer of the site. Stated that at the Plan Commission’s request, he had met with Mr. Woodman to try to work out some of the issues regarding the project but didn’t have any success. He asked that the Plan Commission not delay their decision.  Bill Mears, 21 Forest Park Blvd, one of the owners of the site, stated that he worked on this gateway several years ago when developing the new Menards site. He stated that he appreciated all of the hard work that City Staff has put forth during this process and that he would like to see the Plan Commission come to a decision on this item today. The public hearing was closed. Commissioner Voskuil asked what would happen if the Plan Commission voted on this item tonight and then found out that the Wisconsin Department of Transportation would not allow the Milton Avenue access point. Cherek stated that based on staff’s conversation with the DOT, this change is viewed as an eligible alteration in an area along their right-of-way that would require a permit but that staff is still awaiting final verification on that. Weber stated that because this is a connecting highway, the City holds the authority but the DOT holds the right to review and object. He added that the DOT advised staff they had purchased the access rights back in the 60’s, permitted a driveway at this location under certain conditions, and that they can chose to not allow those conditions to be expanded. Weber answered that if the Plan Commission chose to approve staff’s recommendation on the project tonight, the DOT cannot override that decision but they can restrict access. Chairperson Zolidis asked what the timeline for issuance of a permit would be if the DOT approves the access point. Weber stated it would depend on how the state looks at the widening of the driveway and whether they determine it needs to go through a permit process. Staff is still waiting for a definitive answer from the state on this question. Commissioner Perrotto stated that although the project is not ideal, it’s rare for any project to be ideal and that there are always concerns and problems which hopefully can be mitigated. He added that he was impressed with Staff’s work and Carl Weber’s rebuttal and that he will be voting for approval of the conditional use permit. Commissioner Voskuil stated she is torn on this project but she was surprised by the number of non-accidents at this location. She stated that everyone did a good job of presenting information on the project and that she will vote in favor of the conditional use permit. Chairperson Zolidis stated that she still has ingress/egress concerns and would be voting against the project. There was a motion by Commissioner Adams with a second by Commissioner Perrotto to approve the request subject to Staff’s recommendation. Commissioner Werner offered a friendly amendment to Conditions #1 and #5. With acceptanceof the friendly amendment, the motion presented was to approve the conditional use permit to allow the construction of a gasoline station/convenience store and a restaurant with a drive-up window at the southwest corner of the intersection of Milton Avenue and Morse Street (3377 Milton Avenue) subject to the following conditions: 1. It appears likely that the Wisconsin Department of Transportation has review approval authority over a change of use of the Milton Avenue access point and has not yet made a final determination. Therefore, approval of this use is subject to the Wisconsin Department of Transportation allowing for the use of the Milton Avenue access point adjacent to the development site. If it is determined that the Wisconsin Department of Transportation does not have review approval authority, this condition will be nullified. 2. Approval of this use is subject to positive action on the acceptance and recording of a quit claim deed for a public right-of-way conveyance adjoining Milton Avenue by the City See Attachment A Council. (). 3. Approval of this use is subject to the recording of a deed held in trust by the City for a ten-foot wide strip of right-of-way to extend the frontage access road dedication north to See Attachment A the subject site (). Positive action by the City Council on acceptance of the deed is required. 4. The private roadway adjoining the west side of the developmental site must be extended See Attachment A and improved to the south property line (). 5. The project developer must extend and improve the private roadway located west of the site onto the adjacent property to the south (behind Kwik Trip), as shown on the site plan, if the adjacent property owner agrees to allow access within two years of conditional use permit approval for construction of roadway improvements. This condition shall be nullified if the project developer does not construct a gasoline station and restaurant with drive-up window as being requested by this conditional use. Improvements to this public access road must follow substantially the design specifics as Attachment B shown on. 6. Compliance with the conditions of the updated site plan review letter dated February 10, 2011. 7. That the signage for the proposed building meets the requirements of the Janesville Sign Ordinance for Sign District A except as follows:  Two ground signs may be permitted instead of one.  Per the submitted ground sign plan, the large “hi-rise” pylon sign shall be located on the north section of the lot adjacent to Morse Street. The “low rise” ground See sign shall be located on the east section of the lot adjacent to Milton Avenue ( Attachment A ).  The “hi-rise” pylon sign shall not exceed 300 square feet per face.  The “low rise” sign shall not exceed 90 square feet, excluding the gas price sign which is exempt from signage regulations. 8. The access on the south property line near the Milton Avenue access point connecting See Attachment to the frontage road must be designed and marked as ingress only. ( A ). 9. At no time shall diesel fuel be sold on this site. The motion carried on a 5-1-0 vote with Chairperson Zolidis voting in opposition. cc: Eric Levitt Jay Winzenz Duane Cherek RESOLUTION NO. 2011-788 A resolution authorizing the acceptance of a right-of-way dedication at 3377 Milton Avenue and the acceptance of a separate deed held in trust adjoining property located at 3359 Milton Avenue for a public frontage road extension. WHEREAS, the City of Janesville and Marwood Corporation entered into an escrow agreement on January 6, 1999, providing an executed quit claim deed for a public frontage road conveyance to be held in escrow by the City Attorney; and WHEREAS , said quit claim deed would dedicate as right-of-way to the City of Janesville a 10-foot wide parcel of land to extend the Milton Avenue frontage road north to a frontage road to be constructed and dedicated to the City upon the property located at 3377 Milton Avenue as described in “Attachment A”; and WHEREAS , BLM Land, LLC, owner of adjoining property to the north located at 3377 Milton Avenue, proposes to dedicate as public right-of-way a 30-foot wide strip of land adjacent to Milton Avenue extending from the south property line north to Morse Street as described in “Attachment B”; and WHEREAS , the proposed BLM Land, LLC dedication of land upon 3377 Milton Avenue would satisfy the condition(s) precedent in the aforementioned escrow agreement between the City and Marwood Corporation granting the City Attorney the authority to record the quit claim deed; and WHEREAS , the Janesville Plan Commission reviewed and voted to approve a conditional use permit for a proposed gasoline/convenience store and restaurant with drive-up window subject to City Council: (1) acceptance of the deed held in trust, and (2) the conveyance of land for public right-of-way at 3377 Milton Avenue; and WHEREAS , the acceptance and recording of said conveyances for public right-of-way purposes will facilitate traffic circulation improvements which benefit this specific area of City, the City as a whole, the community, and its citizens; and WHEREAS , the Janesville Plan Commission reviewed this proposed land acquisition in combination with their approval of the conditional use permit at their meeting on 3 January, 2011 recommending approval, but not commenting upon the financial aspects of the proposed transactions; and; WHEREAS , the Common Council of the City of Janesville hereby find these two matters and proposed conveyances are of benefit to, and in the best interests of, the specific area and the City. NOW, THEREFORE, BE IT RESOLVED , by the Common Council of the City of Janesville, that they hereby approve and authorize the City of Janesville’s acceptance of said conveyances from the respective owners of property adjoining Milton Avenue south of Morse Street; and BE IT FURTHER RESOLVED , that the City Manager and his designee(s) may, from time to time, negotiate, draft, amend, execute and enter into such additional agreements, forms, conveyances, documents, and amendments thereof; and take all other action(s) concerning these two property conveyances and related matters as the City Manager may, from time to time and at any time, decide necessary and/or desirable to effectuate the intent of this resolution. 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: Wald Klimczyk, City Attorney Proposed by: Community Development Department Prepared by: Community Development Department and City Attorney RESOLUTION NO. 2011-789 A resolution authorizing the City Manager to accept and record a quit claim deed conveyance from the Wisconsin Department of Transportation (WisDOT) concerning an Access Point on STH 26 (Milton Avenue) and further authorizing the City Manager to enter into a Memorandum of Understanding with BLM Land, LLC and Sara Investment Real Estate, LLC., concerning the STH 26 (Milton Avenue) Access Point pertaining to their property at 3377 Milton Avenue. WHEREAS, BLM Land, LLC. (hereinafter “BLM”) owns certain real property located at 3377 Milton Avenue located on the southwest corner of STH 26 (Milton Avenue) and Morse Street in the City of Janesville, County of Rock, State of Wisconsin (hereinafter Subject Property” “); and WHEREAS , BLM intends to sell the Subject Property in fee simple to Sara Investment Developer” Real Estate, LLC. (hereinafter “) who thereupon desires to construct a Development” gasoline/convenience store with a restaurant (hereinafter “) and obtain right-in only access off of STH 26 (Milton Avenue) to the current Milton Avenue Subject Property frontage road adjoining the to the south; and WHEREASAccess Point” , the STH 26 (Milton Avenue) access point (hereinafter “) Subject Property would not provide direct access to the but would provide right-in only Subject Property access to the from the Milton Avenue frontage road (see Attachment “A”); and WHEREASWisDOT” , the Wisconsin Department of Transportation (hereinafter “) Subject Property purchased the access rights for the STH 26 frontage of the several WisDOT years ago; however, now has agreed to provide to the City of Janesville City”Access (hereinafter “) a jurisdictional transfer to allow, maintain, and alter the PointWisDOT if needed, subject to various conditions set forth in the quit claim deed conveyance to the City (see Attachment “B”); and WHEREASWisDOT , is requiring that in order to allow for the jurisdictional transfer of Access PointCityCity the to the , the agrees to accept and record a quit claim deed conveyance that specify the terms, conditions, and responsibilities associated with this City Access Point, and/or that subject the to current and future conditions, requirements, and performance as set forth in the attached quit claim deed conveyance; and WHEREAS , the terms and provisions of the transfer document and conveyances allow WisDOT to require future traffic studies, construction, improvements, and even closure Access Point of the if warranted by a demonstrated accident history at the intersection which exceeds statewide crash rates for this type of roadway and/or as otherwise WisDOT required in the conditions set forth in the quit claim deed conveyance; and WHEREASCityDeveloperBLM , the is requiring that the and enter into a separate MOU stating that all restrictions, requirements, limitations, and liabilities outlined by WisDOT in quit claim deed conveyance to the City shall be the sole responsibility of the DeveloperSubject Property since the Developer/City and every future owner of the agreement will be recorded and run with the land, which Developer and successor responsibilities shall include, but not be limited to, the payment and/or reimbursement to the City of any and all costs, expenses, fees, payments, liabilities, and expenditures of any kind or nature by the City directly and/or indirectly associated with, arising from, Access Point and/or pertaining to the including, but not limited to, reconfiguration, construction, closure, traffic studies, and/or mitigation to resolve traffic issues; and WHEREASCity , the Common Council of the of Janesville hereby find that accepting the Access Points right(s), privileges, conditions, responsibilities, and authority from WisDOTCity , are of benefit to, and in the best interests of, the ; and WHEREASBLMDeveloperCity , and the have agreed to enter into a MOU with the Developer addressing the key points of and successor responsibility (see Attachment “C”); and WHEREASCity , the Common Council of the of Janesville hereby find that entering into Developer the MOU with the concerning the right(s), privileges, conditions, WisDOT responsibilities, and authority from , are of benefit to, and in the best interests City of, the ; and WHEREASCity’sWisDOT , the acceptance of the conveyed right(s), privileges, and Developer responsibilities is not conditioned upon nor subject to the City’s entry into the MOU. NOW, THEREFORE, BE IT RESOLVED , by the Common Council of the City of Janesville, they hereby authorize and direct the City Manager, City Clerk, and/or his/her designee(s) to negotiate, enter into, and execute on behalf of the City of Janesville the attached quit claim deed conveyance and MOU; and to negotiate, draft, execute, record, and file such additional agreements, documents, papers, and forms as may, from time to time, be necessary and/or desirable to effectuate such agreement and/or the intent of this resolution, as the City Manager may decide; and BE IT FURTHER RESOLVED , that the City Manager and/or his designee(s) may, from time to time, negotiate, draft, amend, execute, and enter into such changes, other documents, and other agreements and/or take such other action(s) as the City Manager from time to time may deem necessary and/or desirable to effectuate the intent of this resolution . ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Dongarra-Adams Eric J. Levitt, City Manager Liebert McDonald Rashkin Steeber Voskuil ATTEST: Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Community Development Department Prepared by: Community Development Department and City Attorney Document Number QUIT CLAIM DEED State Grantor Wisconsin Department of Transportation Exempt from fee: s.77.25(2r) Wis. Stats. DT1563 98 (Replaces RE3047) THIS DEED, made by the State of Wisconsin, Department of Transportation, GRANTOR, quit claims to the City of Janesville, GRANTEE(s), for the sum of (mutual benefits) pursuant to Section 84.09(5), (5)(c) and (5m) Wisconsin Statutes, the property right/restriction described below and that is fully accepted and agreed to by the City of Janesville by the act of recording this quit claim deed. Legal Description / Restrictions See attached This space is reserved for recording data Return to Wisconsin Department of Transportation Division of Transportation System Development Southwest Region, La Crosse Office Attention: 3550 Mormon Coulee Road La Crosse, WI 54601 Parcel Identification Number/Tax Key Number N/A As approved by the Governor of the State of Wisconsin on (Date) (State Real Estate Manager) (Date) Print Name State of Wisconsin ) ) ss. La Crosse County ) On the above date, this instrument was acknowledged before me by the named person(s) or officers. (Signature, Notary Public, State of Wisconsin) (SEAL) (Print or Type Name, Notary Public, State of Wisconsin) (Date Commission Expires) Project ID F014-2(2) This instrument was drafted by Wisconsin Department of Transportation Parcel No. 8 LEGAL DESCRIPTION AND RESTRICTIONS A non-exclusive restrictedright of direct access between the right-of-way of the highway, currently designated as STH 26/Milton Avenue, and which right of direct access interest is owned by the State of Wisconsin, Department of Transportation in land contained within the following described tract being part of the NE1/4-SE1/4 of section 18, Township 3 North, Range 13 East lying northwesterly and adjacent to the right of way line located 65 feet northwesterly of and parallel to the following described reference line: Commencing at a point on the east line of said Section 18, 1070 feet south of the east one-quarter corner; Thence N71° Thence N25°ne. Access rights were originally conveyed to the grantor in the Conveyance of Access Rights document Document 611328 in Volume 59, Page 634 recorded as , in the office of the Register of Deeds, in Rock County. Additional Restrictions : The following restrictions apply to the above non-exclusive restricted right of direct access: 1. Access is limited to Right-In/Right- 2. Access to Milton Ave Frontage Road 11 (1) to the north is limited to ingress only as shown on Exhibit A the attached site plan [ hereto]; 3. Any new access location and configuration created by GRANTEE must be first reviewed by, approved by and recorded by the GRANTOR; 4. All costs associated with the design and construction and maintenance of this access must be paid by GRANTEE; 5. GRANTOR reserves the right to require the modification, including modification to type of access, or elimination of this access in the event that traffic patterns result in constrictions or backups into the intersection with Morse Street or crash rates expectations for the function of this type of connecting highway facility or exceed other similar objective safety or function determinations or judgments made by GRANTOR; 6. GRANTEE shall pay all costs associated with the modification or removal of this access in the event that it is deemed necessary by the GRANTOR for any of the above reasons; 7. GRANTEE shall modify or eliminate this access and pay the costs associated therewith as specified by GRANTOR within 60 days of written demand by GRANTOR, unless a longer 8. GRANTEE assumes all risk of damages due to loss of access should this access be closed or modified in the future and shall not seek any compensation whatsoever from GRANTOR for such losses; 9. This conveyance is not valid until it is recorded with the Rock County Register of Deeds and returned to GRANTOR; 10. This conveyance is not valid until a corresponding and conforming permit is issued under Wis. Stat. 86.07(2) by the authority in charge of maintenance of STH 26/Milton Avenue and a certified copy of the permit provided to GRANTOR. This non-exclusive restricted right to highway access provided to GRANTEE by this instrument does not allow GRANTEE to deny other existing users access to the highway at this location whose right of access is presently reflected in any recorded instrument at the time of execution of this instrument by GRANTOR. It is the intent of this instrument that GRANTEE will work cooperatively with area developers and property owners so as not to obstruct the connection of the roadway constructed on the public access easement which runs along the property line between Lots 2 and 3 of Certified Survey Map Document 1777507 Volume 30, Page 333-342, described as follows: Part of the NE ¼. Section 18, T3N, R13E, City of Janesville, Rock Co, WI to property currently occupied by the Kwik Trip Convenience store located at 3359 Milton Avenue and the Target shopping center It is expressly intended and agreed between the GRANTOR AND GRANTEE as parties hereto that: These covenants, burdens, and restrictions are individual and personal to the GRANTEE City of Janesville and do not run with the land and do not apply to any successors or assigns of GRANTEE. They forever bind the GRANTEE; and upon breach or failure of all or any part thereof all right, title and interest in and to the above-described non-exclusive restricted right of direct access and restricted right to use the highway access shall immediately vest in the GRANTOR, State of Wisconsin, the same as if this instrument had not been given, except that GRANTEE shall remain obligated to fulfill all of the covenants, burdens and restrictions imposed with regard to modification, elimination, payment and risk of loss of access. This quit claim deed and all its covenants, burdens and restrictions are duly accepted by the City of Janesville and binding on the City of Janesville as indicated by the undersigned duly authorized official of the GRANTEE City of Janesville: FOR CITY OF JANESVILLE NAME TITLE DATE MEMORANDUM OF UNDERSTANDING  (MOU) By and Between BLM Land, LLC (BLM) and SARA Investment Real Estate, LLC (GRANTEE, DEVELOPER) and The CITY of Janesville (GRANTOR, CITY) Permitting DEVELOPER Right-in Only Access off of Highway 26 in Janesville, Wisconsin Under Certain Terms, Conditions, and Obligations BLM Land, LLC owns real property located at 3377 Milton Avenue and desires to sell the property to SARA Investment Real Estate, LLC (DEVELOPER) who proposes to develop the property and desires right-in access off of Highway 26 (Milton Avenue) to this site and project WHEREAS, BLM BLM Land, LLC property located at 3377 Milton Avenue located on the southwest corner of STH 26 (Milton Avenue) and CITY Morse Street constituting approximately 1.5 acres in the of Janesville, County of ) (See Attachment "A"); and WHEREASBLMSUBJECT PROPERTY , intends to sell the in fee simple to SARA Investment Real Estate, LLC. (hereinafte) who thereupon desires to construct a gasoline/convenience store with a restaurant (hereinafter ) and obtain right-in only access off of STH 26 (Milton Avenue) to the SUBJECT PROPERTY current Milton Avenue frontage road adjoining the to the south; and WHEREAS ) SUBJECT PROPERTY would not provide direct access to the but would provide right-in SUBJECT PROPERTY only access to the from the current north terminus of the Milton WHEREAS ) SUBJECT PROPERTY purchased the access rights for the STH 26 frontage of the WisDOTCITY several years ago; however, now has agreed to provide to the of CITY ) a jurisdictional and rights grant transfer to the to Access Point allow, maintain, and alter the if needed, subject to various conditions set WisDOTCITY forth in the quit claim deed and conveyances to the (see Attachment WHEREASWisDOTCITY , and the have entered in separate writings including, but not limited to, a certain quit claim deed and related conveyance(s) and attachments thereto WisDOT QUIT CLAIM DEED (hereinafter collectively "") that effectuate the jurisdictional and rights grant transfer and that specify the terms, conditions, obligations, Access Point responsibilities, and privileges associated with and pertaining to this , CITY and/or that subject the to current and future conditions, requirements, obligations, WisDOT QUIT CLAIM DEED and performance as set forth in the attached ; and WHEREASWisDOT , , in order to allow for the jurisdictional and rights grant transfer of Access PointCITYCITY, the to the , is requiring that the in part, engage in future traffic Access Point studies, construction, improvements, and even closure of the if warranted by a demonstrated accident history at the intersection which exceeds statewide crash rates for this type of roadway and/or as otherwise required in the conditions set forth in WisDOT QUIT CLAIM DEED the ; and WHEREAS, WisDOT WisDOT QUIT has retained certain rights and privileges in the CLAIM DEED;WisDOT QUIT CLAIM DEED and the assigns, grants, vests, and WisDOT Access Point conveys many of the rights, privileges, and authority to the CITY; and WHEREASWisDOT QUIT CLAIM DEED , said specifically enumerates restrictions CITY including, but not limited to, such as requiring the pay for traffic studies and/or SUBJECT PROPERTY close the connection on the to Morse Street or to the Milton WisDOT Avenue frontage road if determines that vehicle crash data exceeds standards CITY for similar intersections and that any costs associated be paid for by the ; and WHEREASCITYDEVELOPERBLM , the is requiring the and to enter into this separate MOU agreeing that all restrictions, requirements, limitations, obligations, conditions, WisDOTWisDOT liabilities, and current privileges outlined and enumerated by in the QUIT CLAIM DEEDBLMDEVELOPER, shall be the sole responsibility of and the and SUBJECT PROPERTY then of each and every future owner of the since this DEVELOPER/CITY MOU will be recorded and shall run with the land; and WHEREASBLMDEVELOPER, , , the and successor responsibilities, obligations, restrictions, limitations, conditions, liabilities, and privileges shall include, but are not CITYWisDOT QUIT CLAIM DEED limited to, those set forth for the in the ; and WHEREASBLMDEVELOPER, , , the and each and every successor shall pay and/or CITY reimburse to the any and all costs, expenses, fees, payments, liabilities, and CITY expenditures of any kind or nature by the directly and/or indirectly associated with, WisDOT QUIT CLAIM arising from, and/or pertaining to any provision set forth in the DEEDAccess Point and/or the including, but not limited to, reconfiguration, construction, reconstruction, maintenance, repair, closure, traffic studies, penalties, and/or mitigation to resolve traffic issues; and WHEREASCITY , the Common Council of the in open session found that accepting the Access Points right(s), privileges, conditions, responsibilities, liabilities, authority, and WisDOTWisDOT QUIT CLAIM DEED privileges from and entering into the were and CITY are of benefit to, and in the best interests of, the ; and WHEREASBLMDEVELOPER , and the have agreed to enter into this MOU with the CITYBLMDEVELOPER addressing the key points of , , and successor responsibility; and WHEREASCITY , the Common Council of the in open session found that entering into BLMDEVELOPER this MOU with , the , and all successors concerning the right(s), WisDOTWisDOT privileges, conditions, responsibilities, and authority from and the QUIT CLAIM DEEDCITY , are of benefit to, and in the best interests of, the ; and WHEREASWisDOT , the acceptance of the conveyed and granted right(s), privileges, responsibilities, conditions, obligations, and liabilities is not conditioned upon BLMDEVELOPER nor subject to the entry into this and MOU; and WHEREAS , by signing below, Terry McGuire represents and certifies that he is empowered to fully bind each and every of the other general, managing, and limited BLM partner members of ; and WHEREAS , by signing below, Eric Schwartz represents and certifies that he is empowered to fully bind each and every of the other general, managing, and limited DEVELOPER partner members of the ; and WHEREAS , by signing below, the Janesville City Manager and City Clerk-Treasurer CITY represent and certify that they are jointly and severally empowered to bind the , pursuant to duly adopted Resolution No. 2011- 789; and Now, therefore, for the good and valuable consideration of the rights, interests, privileges, responsibilities, and benefits flowing and inuring to each party hereto from this MOU, the sufficiency of which is hereby acknowledged by all parties hereto, the CITY, BLM,DEVELOPER and the hereby acknowledge, understand, agree, promise, and enter into this MOU, especially agreeing to the following conditions for using said ACCESS POINTS , as follows: Each of the above recitals is reiterated and incorporated herein by reference as if 1. fully set forth verbatim.  Lawfully adopted Janesville Common Council File Resolution No. 2011-789 2. is reiterated and incorporated herein by reference as if fully set forth verbatim.  ACCESS POINT To ensure that the public safety is facilitated at the for the 3. DEVELOPMENTSUBJECT PROPERTY access drive and into the and , the CITY, BLM,DEVELOPER and agree to and shall limit access off of STH 26 (Milton Avenue) as right-in only.  CITYBLMDEVELOPER The , , and agree to and shall limit access to Morse 4. Street as set forth below.  Each and every restriction, obligation, condition, requirement, promise, and 5. WisDOT QUIT CLAIM DEED privilege set forth in the and related conveyance(s) CITY and documents to the are reiterated and incorporated herein by reference as if fully set forth verbatim AND become the sole obligations, responsibilities, BLMDEVELOPER conditions, requirements, and privileges with which , the , and each and every of their respective joint and several heirs, successors, and assigns, shall and must comply at all times in all ways.  All restrictions, requirements, limitations, obligations, and liabilities outlined and 6. WisDOTWisDOT QUIT CLAIM DEED herenceforth enumerated by in their BLMDEVELOPER, shall be the sole responsibility of and the and each and every of their respective heirs, successors, and assigns, such that each of them SUBJECT PROPERTY and then of each and every future owner of the is so responsible.  This MOU shall be recorded and shall run with the land.  7. BLMDEVELOPERSUBJECT PROPERTY The , , and successor owner 8. responsibilities shall include, but not be limited to, the payment and/or CITY reimbursement to the of any and all costs, expenses, fees, payments, liabilities, and expenditures of any kind or nature by the CITY directly and/or indirectly associated with, arising from, and/or pertaining to the Access Point including, but not limited to, reconfiguration, construction, closure, traffic studies, and/or mitigation to resolve traffic issues; and  BLMDEVELOPER , the , and each and every of their respective joint and several 9. heirs, successors, and assigns, shall at all times in all ways indemnify, save, and CITY hold harmless, and repay and reimburse to the , within five (5) days of CITY invoicing from the , any and all costs, fees, expenses of whatever kind or CITY nature paid, expended, or incurred by the arising from and/or pertaining to WisDOT QUIT CLAIM DEEDAccess Point, the , and/or this MOU.  BLMDeveloper and and each of their respective successors and assigns as fee 10. Subject Property simple owners of the shall cease to have further liability under this MOU with respect to facts or circumstances first arising after the party has Subject Property transferred its fee simple interest in the , except, however, for CITY The shall monitor traffic flow and crash rates at the connections of the 11. Milton Avenue Frontage Road to STH 26 (Milton Avenue) and Morse Street. If WisDOT crash rates in the areas of these connections meet or exceed the DEVELOPER statewide crash rate for similar connections, the or the owner of SUBJECT PROPERTY the may be required to close or remove any access onto SUBJECT PROPERTY the adjacent to and from the Milton Avenue frontage road and Morse Street.  Any and all costs associated with traffic or engineering studies and the costs of 12. SUBJECT PROPERTY removing or closing the access points onto the adjacent to the Milton Avenue frontage road and Morse Street shall be paid by the DEVELOPERSUBJECT PROPERTY or the then owner of the .  CITY If and/or when the has determined the need for a traffic study to examine 13. ACCESS POINT crash rates at or near the and that traffic study has indicated WisDOTDEVELOPER that the crash rate threshold has been exceeded, or the SUBJECT PROPERTY owner of the shall comply with any and all deadlines set CITY by the for compliance.  The covenants, burdens and restrictions shall run with the land and shall forever 14. DEVELOPER SUBJECT PROPERTY bind the or owner of the CITY and assigns; and upon breach or failure of all or any part thereof, the may bring an action in the courts of this state to enforce said restriction, and shall recover in any such action its costs and expenses of enforcing the restriction BLM including, but limited to, actual attorney and expert fees and time, from , the DEVELOPERSUBJECT PROPERTY , subsequent owners, and their respective heirs, successors, and assigns, trustees, personal representatives, or administrators.  CITY The Administration will make sincere, good faith effort to work cooperatively 15. with area developers and property owners so as not to obstruct the connection of the roadway constructed on the public access easement which runs along the property line between Lots 2 and 3 of Certified Survey Map Document 1777507 Volume 30, Page 333-342, described as follows: Part of the NE ¼. Section 18, T3N, R13E, CITY of Janesville, Rock Co, WI., to property currently occupied by the Kwik Trip Convenience store located at 3359 Milton Avenue and the Target shopping center.  This MOU is effective on the date the document is duly executed by all 16. signatories. This MOU will be null and void if not duly executed by all signatories by noon, June 1, 2011.   SARA INVESTMENT REAL ESTATE, LLC CITY OF JANESVILLE   By: By:  Eric Schwartz Eric J. Levitt, City Manager   Dated:  By:  Jean Ann Wulf, City Clerk-Treasurer  BLM LAND, LLC  Dated:  By:  Terry McGuire   Dated:    State of Wisconsin ) ) ss. Dane County ) On the above date, this instrument was acknowledged before me by the named person(s) or officers, Eric Schwartz. (SEAL) (Signature, Notary Public, State of Wisconsin) (Print or Type Name, Notary Public, State of Wisconsin) (Date Commission Expires) State of Wisconsin ) ) ss. Rock County ) On the above date, this instrument was acknowledged before me by the named person(s) or officers, Terry McGuire. (SEAL) (Signature, Notary Public, State of Wisconsin) (Print or Type Name, Notary Public, State of Wisconsin) (Date Commission Expires) State of Wisconsin ) ) ss. Rock County ) On the above date, this instrument was acknowledged before me by the named person(s) or officers, Jean Ann Wulf, City Treasurer. (SEAL) (Signature, Notary Public, State of Wisconsin) (Print or Type Name, Notary Public, State of Wisconsin) (Date Commission Expires) State of Wisconsin ) ) ss. Rock County ) On the above date, this instrument was acknowledged before me by the named person(s) or officers, Eric J Levitt, City Manager. (SEAL) (Signature, Notary Public, State of Wisconsin) (Print or Type Name, Notary Public, State of Wisconsin) (Date Commission Expires)  The CITY of Janesville by Resolution No. 2011-789 agrees to the obligation under this MOU.      JANESVILLE TRANSIT SYSTEM MEMORANDUM April 22, 2011 TO: City Manager Director of Neighborhood Services FROM: Transit Director Proposal to Increase Ceiling on Special Fare Token Distribution. SUBJECT: Executive Summary: On May 11, 2009, the City Council adopted Ordinance 2009-433, establishing a program that allows certain private non-profit agencies in the community to purchase Janesville Transit System bus tokens at a discount for redistribution to low income citizens. The general parameters of the program are as follows: 1. The total number of tokens available for sale at the reduced rate would not exceed 5,000 on an annual basis; or as adjusted by the City as part of the annual budget process. 2. The cost, on a per token basis, would be not less than one half of the prevailing cash fare, or the amount established by the Transit System for those customers qualifying for transportation at “half fare”. 3. Agencies purchasing tokens at the reduced rate would enter into an agreement with the Transit System to purchase a minimum amount of tokens at full price during a calendar year, which would allow them to qualify for the reduced rate program. Once the reduced fare program was established, it became apparent that the need for low fare transportation existed beyond the programs administered by these private non- profit agencies; and specifically with certain students in the Janesville Public Schools. To further explore this issue, a meeting was held between the City Manager, Director of Neighborhood Services, Transit Director and School District officials on June 17, 2010. As a result, the School District requested that the City extend the reduced fare token program to disadvantaged students who did not qualify for other forms of transportation assistance from the School District for transportation to and from school. The Adminis- tration believed that this request was in the broad best interest of the community, and on September 13, 2010, the City Council adopted Ordinance 2010-460, extending the reduced fare token program to certain public agencies, and specifically the School Dis- trict of Janesville. Special fare tokens were made available for purchase by the School District beginning in October, 2010. In establishing the reduced fare token program, the Administration placed a limit of 5,000 tokens to be distributed annually under the program to protect the City’s revenue stream from passenger fares. In the first 12 months of the program’s existence, (June, 2009 through May 2010) 3,500 tokens were distributed to the three participating private 1 non-profit agencies in the program, leaving a theoretical “headroom” of 1,500 tokens able to be distributed before reaching the 5,000 token limit. From January 1 through August 31, 2010, 2,000 tokens were distributed, leaving “headroom” of 3,000 tokens for distribution to all agencies for the remainder of the calendar year prior to the School District entering the program. During that period, 1,934 rides were taken using reduced fare tokens. At that point, the 5,000 token distribution ceiling still seemed to be a valid policy. Once the School District entered the program in September, 2010 however, both token distribution and ridership escalated rapidly. The School District alone purchased 3,000 tokens in just over 3 months; bringing the total number of Special Fare tokens distributed in 2010 to the 5,000 token limit for the program. For the year, a total of 4,397 rides were taken using Special Fare tokens, with 2,367 of these rides being taken from September 1 – December 31, 2010. This situation has continued to accelerate in 2011, with 4,000 Special Fare tokens dis- tributed to agencies and 4,030 rides taken using Special Fare tokens from January 1 through mid-April. The entry of the School District into the program last fall has clearly been the primary factor in increasing Special fare token usage. Of the 4,000 tokens distributed in 2011, 3,500 have gone to the School District, with 500 being purchased by ECHO. If the School District continues to purchase an average 1,000 tokens per month, only during the months when regular classes are in session, (not including summer school), total token distribution for the year would reach the 5,000 token maximum without an further purchases by ECHO or the two other agencies enrolled in the program by the end of May. The outcome of this situation would likely be that unless the cap on Special Fare token distribution is raised substantially, the Transit System would need to restrict token distribution to all agencies at a time when usage is growing and additional needs are being identified. Recommendation: The Transit System recommends that the cap on the number of tokens distributed an- nually under the Special Fare Token Program be increased from an annual distribution of 5,000 tokens to 12,000 tokens, effective immediately. This is necessary to ensure that sufficient tokens are available for distribution to meet the needs of disadvantaged citizens for essential transportation to jobs, job training, education, medical and social service appointments for the balance of 2011. While the original policy called for any adjustments in the number of tokens to be made during the annual budget process; waiting until the 2012 budget is presented in October to make this decision will cause the Transit System to begin token rationing almost immediately in order to ensure an adequate supply when school resumes in the fall. City Manager Recommendation: The City Manager supports the staff recommendation. This program was created not too long after I became City Manager. At the time it was initiated by two Council members, and I believe it has been a successful program. 2 Suggested Motion: This request does not require an Ordinance change so a motion to modify the Ordin- ance is not required. The 5,000 token ceiling is a policy contained in the program in- structions, but not in the Ordinances (2009-443 and 2010-460) which established the program. However, since the Council established the program with the understanding that the 5,000 token cap was in place, the Administration believes that it is proper to in- form the Council and allow for input before increasing the cap. Request: This request for raising the cap on the number of reduced fare tokens was received from Dr. Yolanda Cargile, Director of programs for disadvantaged youth for the School District of Janesville earlier this year. After reviewing the program results in the first two months of 2011, the Transit Director and the Director of Neighborhood Services concur with this request. The City Manager has requested that the request be forwarded to the Council for information and review if it chooses. Analysis: a. Compatibility with Program Goals: The original intent of establishing a re- duced fare token program was to increase the availability of transportation to dis- advantaged citizens, increase ridership on the Transit System, and protect the City’s revenue stream from bus fares. As fielded, the program established sev- eral parameters for those citizens receiving the reduced fare tokens through the agencies. These included: 1. Economic Hardship: Recipients shall be those citizens whose individual or family income is less than the federally-recognized “Very Low Income” level (defined as 50% or less of the median income for Rock County, Wisconsin) as established by the United States Department of Housing and Urban Development as of March 1 of each year. 2. Trip Purpose: Usage of reduced-fare tokens shall be restricted to the following trip purposes:  Access to employment (jobs, job interviews or job training.)  Access to health care (medical, dental, vision and mental health care.)  Education (elementary, secondary, post-secondary.)  Access to support programs for children and/or families. There are no proposed changes to the program goals. The proposed increase in the number of tokens to be distributed annually will make the program available to a greater than originally anticipated number of riders each year. b. Token Distribution and Ridership: In the first 6(+) months of the Reduced Fare Token program in 2009, 1,500 tokens were distributed to three private, non-profit agen- cies; ECHO, the Salvation Army and the House of Mercy. To qualify for the purchase of these reduced fare tokens, the three agencies purchased 500 regular fare “Max 10” to- 3 kens during the same period. During the same period, 789 reduced fare tokens were deposited as fare on JTS buses. During the first six months of 2010, ECHO purchased an additional 500 Reduced Fare and 500 regular fare tokens. During January-June 2010, 1,650 Reduced Fare tokens were returned for fare. With the passage of Ordin- ance 2010-460 in September 2010 allowing public agencies to participate in the pro- gram, allowing the addition of the School District of Janesville to the program, the use of Reduced fare Tokens accelerated considerably; with 4,500 tokens distributed between July and December, reaching the program maximum distribution of 5,000 tokens by years’ end. From July-December 2010, 2,747 Reduced Fare tokens were returned for fare, for an annual total of 4,397 rides under the program during the year. A total of 4,950 regular fare “Max 10” tokens were purchased during this time frame. With the continuing economic distress in the community, and particularly the need to transport increasing numbers of students to school to avoid increased truancy rates as a result of lack of transportation, Reduced Fare token distribution has maintained a brisk pace in the first calendar quarter of 2011. As of this writing, a total of 4,000 Reduced Fare and 3,500 regular fare tokens have been sold to the agencies, with 3,500 of the total of Reduced Fare tokens going to the School District. As of mid-April, 4,030 Reduced Fare tokens have been returned for fare. At this rate, we estimate that the entire allotment of 5,000 Reduced Fare tokens for calendar year 2011 could be distributed in the first five months of the year; leaving none for distribution later in the year. Financial Results: At the time that the Reduced Fare token program was established, Transit System management expressed concern that institution of this program would lead to a reduc- tion in revenues to the system, resulting in the need for additional assistance from the City’s General Fund to cover operating costs. After 21 month’s experience with the program, however, our original fears of revenue loss do not seem to be justified. With the requirement that agencies purchase a like number of regular fare “Max-10” token packs to qualify to purchase a lot of 500 Special Fare tokens, regular fare token sales have shown increased revenue. During 2010, the transit system realized $84,976 in revenue from Max-10 token sales compared to a budget estimate of $77,000. During the same period, $3,409 in Special Fare tokens were sold to the various agencies, compared to an admittedly low budget estimate of $1,000. These results demonstrate that contrary to eroding revenue from Regular tokens, this program actually enhanced that revenue while adding additional revenues from the sale of the Special Fare tokens. As such the Transit System does not believe that the increase in the cap of Special Fare token distribution will harm Transit System revenues for 2011; and should assist in meeting the program goal of increasing transit system ridership. cc: Eric Levitt, City Manager Jay Winzenz, Director of Administration Jennifer Petruzzello, Director of Neighborhood Services 4 NEIGHBORHOOD SERVICES MEMORANDUM May 2, 2011 TO: City Council FROM: Kelly Lee, Neighborhood Development Specialist SUBJECT: Action on a Proposed Resolution Authorizing the Acquisition and Demolition of Property at 527 N. Pearl Street (File Resolution 2011- 804) Summary A total of seven hundred Thousand ($700,000) dollars were included within the 2009 and 2010 Note Issues for neighborhood and downtown property acquisitions. Funding for neighborhoods was included to acquire vacant and/or blighted properties in the central city residential neighborhoods and the downtown area. The property located at 527 N. Pearl Street is a vacant single family home located in Census Tract 4 within the Look West Neighborhood. The property is an owner occupied dwelling that was listed for sale on January 17, 2011, at an asking price of $41,000. The structure is in very poor condition and staff recommends demolition of the property after acquisition. An offer to purchase the property has been negotiated in the amount of $16,000, following a property appraisal and subject to City Council approval. The property would then be demolished at an estimated cost of $7,500. The site would be restored as green space for the time being and offered to a not for profit for construction of a new single family home or offered for sale to adjoining property owners. Any new construction would be reviewed by staff for compatible neighborhood design and all future sales transactions would return to council for approval. Department Recommendation Neighborhood Services Staff is recommending that the City acquire the residential property located at 527 N. Pearl Street under the Neighborhood and Downtown Blight Elimination Program for the purpose of blight elimination and neighborhood stabilization. City Manager Recommendation The City Manager concurs with the recommendation. Suggested Motion I move to approve File Resolution #2011-804 authorizing the purchase and demolition of real property located at 527 N. Pearl Street for the purpose of blight elimination and neighborhood stabilization as consistent with the City of 1 Janesville Comprehensive Plan and Look West and Old Fourth Ward Neighborhood Revitalization Plan. Background The property located at 527 N. Pearl is developed with a two-story single family residence built in 1900. The property is zoned R2, Limited General Residence District and is located on a .2 acre lot. The 1,176 square foot, two-story single family home has 3 bedrooms and 2 baths. Although the property is listed as a contributing structure within the Look West District, the property does not individually represent a structure of historic significance to be retained. th The property is listed in fair condition on the 4 Ward and Look West Housing Conditions Report; however, this report is based on an exterior inspection from the public right of way done in early 2009. Neighborhood Services staff performed an interior inspection with a real estate agent and the property condition has deteriorated significantly. Both the exterior and the interior of the dwelling are in poor condition. The exterior stucco is falling off of the building. The front and back porches are in poor condition, there are parts of the soffit that are open. There are major foundation cracks on the southwest corner of the foundation in addition to a significant amount of open air cracks in the crawlspace. The second floor bathroom is not functioning and had not been for several years. The electrical system is unsafe. (See Attached Photos). The cost to rehabilitate this structure to comply with current building code, and minimum housing standards, including lead based paint abatement would significantly exceed the current value of the home City Staff has negotiated an offer to purchase the property for $16,000. The property has a current assessed value of $65,800. The property is an owner occupied dwelling that was listed for sale on January 17, 2011 in the amount of $41,000 Because staffs original Offer to Purchase was over $25,000. The offer was written contingent upon an appraisal of the property. The appraisal came in at $16,000, and staff renegotiated the offer to purchase at $16,000. The appraisal found that “except for most of the roof covering, the subject property’s exterior is in poor condition; the three bedrooms are in average condition, otherwise, the interior is in fair-poor condition. Some areas of the interior are not finished; the staircase to the basement is steep, narrow and not safe”. Following demolition, the site would be restored as green space for the time being and offered to a not for profit for construction of a new single family home or offered for sale to adjoining property owners. Any new construction would be 2 reviewed by staff for compatible neighborhood design and all future sales transactions would return to council for approval Funding for the acquisition and demolition of this property is proposed to be funded through the prior note issue funding. The 2009 and 2010 note issues included $700,000 in funding for vacant and/or blighted projects. As of March 31, 2011 a balance of $376,000 is available. Funding is proposed in recognition of the major neighborhood planning effort underway and the insufficient funds that are available under the Community Development Block Grant (CDBG) Program. Analysis The proposed property acquisition is consistent with established City plans as described below: The project is consistent with the City of Janesville Comprehensive Plan, which calls for the revitalization of neighborhoods that have experienced decline. The structure is not historically or architecturally significant and based on its poor physical condition does not represent a critical use in the Look West Neighborhood. Removal of this structure would provide an opportunity to enhance the appearance of this block and offer potential redevelopment opportunities consistent with the character of traditional downtown neighborhood development. It should be noted that the adjoining properties are in very good physical condition (See Photos). The project is consistent with The Look West and Old Fourth Ward Neighborhood Revitalization Plan, which has been guiding redevelopment efforts in the central city neighborhoods. Our recent experience indicates that many residential properties are being bought throughout Janesville and are being used as rental properties with no improvements or minimal improvement being made to the properties. Janesville does not currently have a shortage of affordable housing (we are hearing of a 15% vacancy rate with some large scale housing complexes having as high as a 25% vacancy rate); although it is arguable that we are experiencing a shortage of quality affordable housing. Plan Commission Action Acquisition of 527 N Pearl Street. Kelly Lee, Development Specialist, presented the written staff report. Commissioner Voskuil stated that she was surprised that based on an exterior condition back in 2009 that the City’s original offer to purchase was over $25,000. Lee explained that is the reason that the offer was written with an appraisal contingency. It allowed for an accepted offer to move forward, but 3 assure that the offer would only be for what the property was worth. Lee added that the City is not responsible for the relocation costs for this family. Commissioner Marklein referred to the staff report regarding the resale of this property and asked if adjoining property owners could divide up the vacant lot for open space or for the addition of a detached structure. Lee confirmed that was a potential use for the property. There was a motion by Commissioner Adams with a second by Commissioner Marklein to find the proposed acquisition consistent with established City plans and further recommend that the City Council proceed with the land acquisition. The City Council should be advised that the Plan Commission has not reviewed the financial aspects of this transaction. The motion carried on a 5-0-0 vote. Attachments: Property Data Information Site Map Property Photos Appraisal Addendum Property Checklist cc: Jennifer Petruzzello, Neighborhood Services Director Eric Levitt, City Manager Jay Winzenz, Assistant City Manager and Director of Administration 4 RESOLUTION NO. 2011-804 RESOLUTION AUTHORIZING THE ACQUISITION AND DEMOLITION OF REAL PROPERTY LOCATED AT 527 NORTH PEARL STREET WHEREAS , Wis. Stats. §§ 62.22 (1), 62.23 (17)(a), 62.23 (17)(b), 66.0101, 62.11(5), Chapter 32, and other pertinent Wisconsin Statutes permit the City’s acquisition, development, ownership, protection, improvement, conservation, public use, demolition, disposition, and other disposal of parkland, open space, riverfront properties, blighted properties, redevelopment, and development properties; and WHEREAS, the City Council authorized $500,000 to be used for blight elimination in the central city in a 2009 General Fund Note Issue; and WHEREAS , the Community Development Authority (CDA) and the Neighborhood Action Team assisted in formulating criteria for potential Neighborhood Services Department Property Acquisition projects, including: location in area of greatest need; located within either of the two redevelopment sites as identified in the City of Janesville Look West & Old Fourth Ward Neighborhood Revitalization Plan (Adopted December th 8, 2008); properties located along collector, major arterial streets, or minor arterial streets; properties located near schools or parks; properties identified as poor or fair th condition on the 4 Ward and Look West Housing Condition Report (or of similar condition for census tracts 6 &10); and WHEREAS , the City of Janesville Administration has negotiated an offer to purchase 527 North Pearl Street in the amount of Sixteen Thousand Dollars ($16,000.00); and WHEREAS , the Janesville Plan Commission has reviewed this proposed acquisition on May 2nd, 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 Council find this acquisition and proposed public use(s) in the best interest of the City and of benefit to the public; and WHEREAS , the funding source for the acquisition and demolition is the 2009 General Fund Note Issue Blight Elimination Fund: NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville that the City’s acquisition of 527 North Pearl Street in the amount of Sixteen Thousand dollars ($16,000.00) for the above described public purpose(s) is hereby approved and authorized; the City Manager and/or his designee(s) may acquire and close upon the City’s purchase of the Property from the owner(s) on behalf of the City; 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 Dongarra-Adams Eric J. Levitt, City Manager Liebert McDonald ATTEST: Rashkin Steeber Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Neighborhood Services Department Prepared by: Neighborhood Development Specialist ëîé q Ô»¹»²¼ ëîé Òò л¿®´ ͬ®»»¬ Ü¿¬»æ ìñîîñïï ͽ¿´»æ ïþã ïëðù Ó¿° ݱ±®¼·²¿¬»æ Õóïê ÔÑÝßÌ×ÑÒ ÓßÐ Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ ÓßÐ ï ß½¯«·­·¬·±² ±º ëîé Òò л¿®´ ͬ®»»¬ ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ ÍæЮ±¶»½¬­Äд¿²²·²¹ÄÝ¿­»­ÄÝ¿­»­óîðïïÄÕóïêÁëîéóÒóл¿®´ 527 N Pearl Street 527 N Pearl Street 527 N Pearl Street 527 N Pearl Street 527 N Pearl Street Neighboring Properties Property Condition Checklist for Acquistions Address:527 N Pearl Building ExteriorRepair or ReplaceComments RoofAppears OK at this time Siding/PaintXStucco falling off structure WindowsX PorchesXStructurally Unsound Stairs Guardrails/Handrails FoundationXVisable Cracks Chimney MechanicalsRepair or ReplaceComments Heating SystemNewer Furnance/Water Heater Electrical SystemXunsafe conditions Plumbing SystemsXUpper Bath doesn't work Building InteriorRepair or ReplaceComments StairsXUnsafe Guardrails/HandrailsX FlooringX CabinetsX Counters Plumbing FixturesX Electrical FixturesXunsafe conditions ** See appraisal adendum for additional information NEIGHBORHOOD SERVICES MEMORANDUM May 2, 2011 TO: City Council FROM: Kelly Lee, Neighborhood Development Specialist SUBJECT: Action on a Proposed Resolution Authorizing the Acquisition and Demolition of Property at 14 S. Grant Street (File Resolution 2011- 803) Summary A total of seven hundred thousand ($700,000) dollars were included within the 2009 and 2010 Note Issues for neighborhood and downtown property acquisitions. The property located at 14 S. Grant Street is a vacant single family home located along the Court Street Corridor. The property was foreclosed by Blackhawk Community Credit Union in December of 2010. The structure is in very poor condition and staff recommends demolition of the property after acquisition. An offer to purchase the property has been negotiated in the amount of $13,000 subject to City Council approval. The property would then be demolished at an estimated cost of $5,000. Department Recommendation Neighborhood Services Staff is recommending that the City acquire the residential property located at 14 S. Grant Street under the Neighborhood and Downtown Blight Elimination Program for the purpose of blight elimination and neighborhood stabilization. City Manager Recommendation The City Manager recommends approval. Suggested Motion I move to approve File Resolution #2011-803 authorizing the purchase and demolition of real property located at 14 S. Grant Street for the purpose of blight elimination and neighborhood stabilization as consistent with the City of Janesville Comprehensive Plan. Background The property located at 14 S Grant Street is developed with a single-story single family residence built in 1910. The property is zoned B3, General Commercial and is located on a .33 acre lot. The 787 square foot, one-story single family 1 home has 2 bedrooms and 1 bath. The property does not lie within any historic district. City Staff has negotiated an offer to purchase the property for $13,000. The property has a current total assessed value of $50,200. The assessed value for the land alone is $18,100.The property was foreclosed upon by Blackhawk Community Credit Union in December, 2010. Neighborhood Services staff performed an interior inspection with the representative of the owner. The interior of the property has been gutted. All items have been removed from the home including the furnace, water heater, cabinets, counters and plumbing. Some new electrical has been run, but the work is not complete and has not been inspected. There is significant leaking into the basement through the block foundation. The roof and siding are in very poor repair. Neighborhood Services has responded to this location ten times over the past ten years regarding housing and nuisance issues at the property. Following demolition, the site would be restored as green space for the time being. This parcel was specifically noted in the Court Street Revitalization Corridor section of the Comprehensive plan as an area of Commercial Infill use. Revitalization of this area would help improve the image of this corridor, promote growth on the Westside and contribute to the enhancement of the gateway on the City’s West Side. Funding for the acquisition and demolition of this property is proposed to be funded through the prior note issue funding. The 2009 and 2010 note issues included $700,000 in funding for vacant and/or blighted projects. As of March 31, 2011 a balance of $376,000 is available. Funding is proposed in recognition of the major neighborhood planning effort underway and the insufficient funds that are available under the Community Development Block Grant (CDBG) Program. Analysis The proposed property acquisition is consistent with established City plans as described below: The project is consistent with the City of Janesville Comprehensive Plan which establishes a Court Street Revitalization Corridor Plan. The structure is not historically or architecturally significant. Removal of this structure would provide an opportunity to enhance the appearance of this block and offer potential redevelopment opportunities consistent with the Court Street Revitalization Corridor Plan. The project is consistent with the Comprehensive Plan. 2 Our recent experience indicates that many residential properties are being bought throughout Janesville and are being used as rental properties with no improvements or minimal improvement being made to the properties. Janesville does not currently have a shortage of affordable housing (we are hearing of a 15% vacancy rate with some large scale housing complexes having as high as a 25% vacancy rate); although it is arguable that we are experiencing a shortage of quality affordable housing. Plan Commission Action Acquisition of 14 South Grant Street. Kelly Lee, Development Specialist, presented the written staff report. There was a motion by Commissioner Madere with a second by Commissioner Adams to find the proposed acquisition consistent with established City plans and further recommend that the City Council proceed with the land acquisition. The City Council should be advised that the Plan Commission has not reviewed the financial aspects of this transaction. The motion carried on a 5-0-0 vote . Attachments: Property Data Information Site Map Property Photos Property Checklist cc: Jennifer Petruzzello, Neighborhood Services Director Eric Levitt, City Manager Jay Winzenz, Assistant City Manager and Director of Administration 3 RESOLUTION NO. 2011-803 RESOLUTION AUTHORIZING THE ACQUISITION AND DEMOLITION OF REAL PROPERTY LOCATED AT 14 S GRANT STREET WHEREAS , Wis. Stats. §§ 62.22 (1), 62.23 (17)(a), 62.23 (17)(b), 66.0101, 62.11(5), Chapter 32, and other pertinent Wisconsin Statutes permit the City’s acquisition, development, ownership, protection, improvement, conservation, public use, demolition, disposition, and other disposal of parkland, open space, riverfront properties, blighted properties, redevelopment, and development properties; and WHEREAS, the City Council authorized $500,000 to be used for blight elimination in the central city in a 2009 General Fund Note Issue; and WHEREAS , the Community Development Authority (CDA) and the Neighborhood Action Team assisted in formulating criteria for potential Neighborhood Services Department Property Acquisition projects, including: location in area of greatest need; located within either of the two redevelopment sites as identified in the City of Janesville Look West & Old Fourth Ward Neighborhood Revitalization Plan (Adopted December th 8, 2008); properties located along collector, major arterial streets, or minor arterial streets; properties located near schools or parks; properties identified as poor or fair th condition on the 4 Ward and Look West Housing Condition Report (or of similar condition for census tracts 6 &10); and WHEREAS , the City of Janesville Administration has negotiated an offer to purchase 14 South Grant Street in the amount of Thirteen Thousand Dollars ($13,000.00); and WHEREAS , the Janesville Plan Commission has reviewed this proposed acquisition on May 2nd, 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 Council finds this acquisition and proposed public use(s) in the best interest of the City and of benefit to the public; and WHEREAS , the funding source for the acquisition and demolition is the 2009 General Fund Note Issue Blight Elimination Fund: NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville that the City’s acquisition of 14 South Grant Street in the amount of Twenty Thousand dollars ($20,000.00) for the above described public purpose(s) is hereby approved and authorized; the City Manager and/or his designee(s) may acquire and close upon the City’s purchase of the Property from the owner(s) on behalf of the City; 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 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: Neighborhood Services Department Prepared by: Neighborhood Development Specialist ïì q Ô»¹»²¼ ïì Íò Ù®¿²¬ ͬ®»»¬ Ü¿¬»æ ìñîîñïï ͽ¿´»æ ïþã ïððù Ó¿° ݱ±®¼·²¿¬»æ Öóïì ÔÑÝßÌ×ÑÒ ÓßÐ Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ ÓßÐ ï ß½¯«·­·¬·±² ±º ïì Íò Ù®¿²¬ ͬ®»»¬ ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ ÍæЮ±¶»½¬­Äд¿²²·²¹ÄÝ¿­»­ÄÝ¿­»­óîðïïÄÖóïìÁïìóÍóÙ®¿²¬ 14 S Grant Street 14 S Grant Street 14 S Grant Street 14 S Grant Street 14 S Grant Street Property Condition Checklist for Acquistions Address:14 S Grant Street Building ExteriorRepair or ReplaceComments RoofAppears OK at this time Siding/PaintXBroken and Missing Pieces WindowsSome new windows PorchesXStructurally Unsound Stairs Guardrails/Handrails FoundationXBasement leaking Chimney MechanicalsRepair or ReplaceComments Heating SystemXFurnace/water heater removed Electrical SystemXSome rewiring-Not Complete Plumbing SystemsXRemoved Building InteriorRepair or ReplaceComments StairsXUnsafe Guardrails/HandrailsXMissing FlooringXMissing or Dammage Flooring CabinetsXMissing CountersXMissing Plumbing FixturesXMissing (New Shower Stall) Electrical FixturesXMany Missing CITY MANAGER’S MEMORANDUM May 4, 2011 TO: City Council FROM:Eric Levitt, City Manager SUBJECT: Review and Approval of Letter to Joint Finance Committee concerning State Budget bill, AB40/SB27 Request th At the study session on April 27, the Council asked that a letter be prepared for submittal to the Joint Finance Committee regarding the proposed changes for the state’s next biennium budget. Please find attached a draft letter for the Council’s review. Should this letter be approved, I would ask Council President Brunner sign the letter on behalf of the City Council. Recommendation The City Manager recommends approval of this letter. Suggested Motion I move to approve the letter to the Joint Finance Committee concerning State Budget bill, AB40/SB27. Background After reviewing information from the Legislative Fiscal Bureau’s analysis on the total Janesville is expected to receive a five percent impact of the State Aid reductions, reduction in state aids for the next biennial budget. This is the third highest reduction in the state; only two other municipalities in the state will receive larger percentage reductions (Kiel (6%), and Manitowoc (5.5%)). This letter outlines our concerns regarding cuts to recycling grants and general transportation aids; proposed cuts for our public bus system; and our concerns with the formula used to determine state aid cuts. This letter also shares our support for several provisions, including amended proposed modifications to the phosphorus rules; increase in funding for exempt computer aid payment; and maintenance of funding for the Expenditure Restraint Program. May 9, 2011 Joint Committee on Finance, Wisconsin State Legislature Senator Alberta Darling, Co-Chair Representative Robin Vos, Co-Chair Senator Luther Olsen Representative Dan Meyer Senator Sheila Harsdorf Representative Dan LeMahieu Senator Joe Leibham Representative John Nygren Senator Glenn Grothman Representative Pat Strachota Senator Randy Hopper Representative Joel Kleefisch Senator Lena Taylor Representative Tamara Grigsby Senator Robert Jauch Representative Jennifer Shilling RE: State Budget bill, AB40/SB27. Dear Senators and Representatives: On behalf of the City of Janesville, the City Council offers the following comments on the State budget bill. We understand the difficult task the Joint Committee on Finance is undertaking for the next biennial budget and support several provisions in the budget including the amended proposed modifications to the phosphorus rules, increase in funding for exempt computer aid payment, and maintenance of funding for the Expenditure Restraint Program, which has proven to be a successful program in past years. However, we have a few areas in which we wish to express concern and request the Joint Finance Committee consider changes in the budget bill. According to a report from the Legislative Fiscal Bureau (LFB) dated May 2, 2011, the City of Janesville is the third hardest hit city in the State by the changes proposed in the biennial budget. The LFB report indicates that total state aid for Janesville under the proposed budget will decline by 5% as a percentage of the 2010/2011 taxes plus aid payments. Whereas, the average decline for all 193 cities on the list is only 3.0%. This comes on the heels of the worst economic downturn in memory which saw the closure of the General Motors assembly plant in Janesville. In response to the closing, the City Council has become very concerned over the last several years about increasing property taxes, and has limited the increases well below the levy limit due to this concern over the last several years. This substantial cut proposed in the biennial budget will create a very negative impact on our community. Recycling Grants The recycling grants have traditionally been funded through landfill tipping fees that have gone into a trust fund. These recycling grants are important to Janesville and its residents in maintaining curbside collection of recyclables. We understand there have been concerns from some members of the Joint Committee on Finance on the reduction of this funding. We strongly support the continuation of this program. General Transportation Aids The budget would reduce transportation aids to the City of Janesville by $349,000. We support the Urban Alliance’s position requesting you consider reducing or eliminating the cut to the general transportation aids program. We additionally urge you to retain the 5% ceiling on the maximum reduction in GTA cuts a community can receive. Transit Funding The proposed budget both contains 10% public transit funding cuts, as well as potentially moving public transit from the Transportation Fund to the General Fund. This could potentially damage the ability for Janesville to operate its public transit system and likely other municipal transit systems would experience the same impact. We believe these cuts to public transit would greatly hurt the community, and disproportionately hurt the elderly, disabled, and lower income families. We respectfully request the Joint Finance Committee place public transit funding back into the Transportation Fund. Reduction in State Shared Revenues We understand State Share Revenues need to be reduced due to the fiscal challenges meeting the State and support the notion that everyone should share in the burden. Our concern is specifically that Janesville appears to be disproportionately impacted due to the formula calculation. We request that you evaluate the formula, and look at whether anything can be done to mitigate our unique situation. We thank you for your attention on these issues. Should you wish to discuss any of these topics, please don’t hesitate to contact our City Manager, Eric Levitt, at 608-755-3177 or levitte@ci.janesville.wi.us. Sincerely, George Brunner, City Council President CC: Janesville City Council JANESVILLE POLICE DEPARTMENT MEMORANDUM May 2, 2011 TO: City Council FROM: David J. Moore, Chief of Police SUBJECT: Introduce and schedule a public hearing on a proposed ordinance amending JGO Sections 5.52.011(A) and 5.52.040(A) regulating pawnbrokers, second hand article dealers, and second hand jewelry dealers in the City of Janesville. (File Ordinance 2011-482) Executive Summary On February 28, 2011 the City Council adopted File Ordinance 2011-476 which amended section 5.52 of the Code of General Ordinances regulating Junk Dealers, Secondhand Dealers, Secondhand Jewelry Dealers and Pawnbrokers. At the City Council meeting of March 14, 2011, business owners affected by the ordinance voiced opposition to the ordinance. Accordingly, the police department, city attorney’s office and city manager’s office considered the concerns and offer the following changes to Janesville General Ordinances 5.52: • 5.52.011 Definitions – Paper Currency and Coins. The amendment further defines paper currency and coins as those transactions in which the currency or coins are redeemed at a value greater than face value. • 5.52.040 License – Reports to Police – Receipt Required. The amendment excludes those transactions that are less than $10.00 in value from electronic reporting. Once a date of the public hearing before council for this amendment is determined, the police department will notify the affected businesses of the public hearing and the details of the amendment. This will offer the businesses the opportunity to address the city council if they have further concerns about the ordinance. The letters will be sent to: The Coin Shop Dube’s Jewelry Big Ed’s Pawn Shop Game Stop The Exclusive Company Gander Mountain Bay Design Jewelers Home Again Consignment Best Buy House of Treasure Addie’s Firearms Kay’s Jewelers Carousel Consignments JB Robinson Casey’s Pawn Shop The Diamond Center 1 Further, there is considerable history to the police department’s and city council’s activities on this ordinance. The police department will provide council members Liebert and Dongerra-Adams the document entitled Police Department Communication, March, 2011, a document that has been shared with other council members. Recommendation The police department supports the adoption of amended ordinance 2011-482. City Manager Recommendation The City Manager concurs with the Police Department recommendation. cc: Eric Levitt, City Manager Jay J. Winzenz, Assistant City Manager 2 ORDINANCE NO. 2011 - 482 An ordinance amending JGO Sections 5.52.011(A) and 5.52.040(A) regulating pawnbrokers, second hand article dealers, and second hand jewelry dealers in the City of Janesville with penalties as set forth in JGO 5.52.090. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Section 5.52.011(A) of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: 5.52.011 Definitions When used in this chapter the following words shall mean: A. “Article” means any of the following articles: 1. Audiovisual equipment. 2. Bicycles. 3. China. 4. Computer, laptops, printers, software and computer supplies. 5. Computer toys, gaming systems and games. 6. Crystal. 7. Electronic equipment. 8. Fur coats and other fur clothing. 9. Ammunition and knives. 10. Microwave ovens. 11. Office equipment. 12. Pianos, organs, guitars and other musical instruments. 13. Compact Discs, Audiotapes, Videotapes, DVDs, GPS Units, and other optical media recording or replaying devices. 14. Silverware and flatware. 15. Small electrical appliances. 16. Telephones. 17. Power tools and pneumatic tools. 18. Firearms. 19. Paper currency and coins redeemed for greater than face value. 20. Sports equipment. 21. Jewelry. SECTION II. Section 5.52.040(A) of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: 5.52.040 Licensee—Reports to Police—Receipt Required A. Pawnbrokers, secondhand article dealers, and secondhand jewelry dealers must submit every reportable transaction to the police department within 48 hours, excluding legal holidays, in the following manner, except for all consignment transactions and all other transactions of a value of less than $10.00, which must be reported as required by Section 134.71(8)(e) of the Wisconsin statutes as from time to time amended or renumbered. Pawnbrokers, secondhand article dealers, and secondhand jewelry dealers must provide to the police department all required information pursuant to State Statute and this chapter, by transferring the required information from their computer to the web server via modem designated by the Janesville Police Department. All required records must be transmitted completely and accurately in accordance with standards and procedures established by the police department using procedures that address security concerns of the pawnbroker or secondhand article and jewelry dealer and the police department. Each pawnbroker, secondhand article dealer, and secondhand jewelry dealer must display a sign of sufficient size in a conspicuous place on the premises which informs all patrons that all transactions are reported to the police department. 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: Police Department Prepared by: Assistant City Attorney Community Development Department Memorandum Date: May 9, 2011 TO: Janesville City Council FROM: Brad Schmidt, AICP, Associate Planner SUBJECT: Introduce, refer to Plan Commission and schedule a public hearing on a proposed ordinance rezoning property located at 3400 County Trunk F (Rock County campus) from M1 to O1 (File Ordinance No. 2011-481) _____________________________________________________________________ Rock County has submitted a rezoning application for property located at 3400 County Trunk F for rezoning from M1, Light Industrial District to O1, Office/Residence District. The subject property is currently undeveloped and part of the larger parcel owned by Rock County. Rock County has proposed to construct a new nursing home facility on the area of the site they wish to rezone. An existing nursing home (Rock Haven) is located directly west of the proposed site; however, the new facility will replace the existing facility. Since a nursing home use is not permitted within the M1 District, the property must be rezoned to a zoning classification consistent with the proposed use. The Planning Department recommends that following the first reading of Ordinance No. 2011-481, it be referred to the Plan Commission for review and recommendation and then scheduled for public hearing on 27 June 2011. cc: Eric Levitt Jay Winzenz ORDINANCE NO. 2011-481 An ordinance changing the zoning classification of property located at 3400 County Trunk F from M1 to O1, with a penalty and injunctive relief for a violation thereof as set forth in Section 18.28.010 of the Code of General Ordinances of the City of Janesville. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. The zoning classification of the following described property is hereby changed from M1, Light Industrial District to O1, Office/Residence District. th Part of the SE ¼ of the NW ¼ of Section 13 T.3N., R.12E. of the 4 P.M., Janesville Township, Rock County, Wisconsin. DESCRIBED AS FOLLOWS: Commencing at an aluminum monument at the West ¼  Corner of said Section; thence S.8843’51”E. along the East-West Centerline of said Section, 1556.42 feet to an iron pin on a line parallel with and 1100 feet West of the  North-South Centerline of said Section; thence N.053’19”W. along said parallel line,  1196.05 feet to an iron pin; thence S.6936’E. 1180.56 feet to an iron pin on said North-  South Centerline; thence S.053’19”E. along said North-South Centerline 808.87 feet to  an iron pin at the Center of said Section; thence N.8843’51”W. along said East-West Centerline, 1100.78 feet to the place of beginning. SECTION II. This ordinance shall take effect immediately upon adoption by the Common Council, the public health, welfare, peace, tranquility, good order, public benefit, and police power so requiring. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Dongarra-Adams Eric J. Levitt, City Manager Liebert McDonald ATTEST: Rashkin Steeber Jean Ann Wulf, City Clerk-Treasurer Voskuil APPROVED AS TO FORM: __ Wald Klimczyk, City Attorney Proposed by: Applicant Prepared by: Community Development Department Þí Óï ßÎÛß ÐÎÑÐÑÍÛÜ ÌÑ ÞÛ ÎÛÆÑÒÛÜ ÌÑ Ñï Ñï Îï ß Ó Ý Ý q Ʊ²·²¹ Þ±«²¼¿®§ ß®»¿ ¬± ¾» ®»¦±²»¼ ¬± Ñï Ô»¹»²¼ Îï Í·²¹´»óÚ¿³·´§ ú Ì©± Ú¿³·´§ λ­·¼»²½» Ü·­¬®·½¬ Ñí Ò»·¹¸¾±®¸±±¼ Ѻº·½» Ü·­¬®·½¬ Óï Ô·¹¸¬ ײ¼«­¬®·¿´ Ü·­¬®·½¬ ÎïÜ Ì©± Ú¿³·´§ λ­·¼»²½» Ü·­¬®·½¬ Þï Ò»·¹¸¾±®¸±±¼ ݱ²ª»²·»²½» Ü·­¬®·½¬Óî Ù»²»®¿´ ײ¼«­¬®·¿´ Ü·­¬®·½¬ Îî Ô·³·¬»¼ Ù»²»®¿´ λ­·¼»²½» Ü·­¬®·½¬ Þî ݱ³³«²·¬§ ͸±°°·²¹ Ü·­¬®·½¬Óí Ý»²¬®¿´ Ô·¹¸¬ ײ¼«­¬®·¿´ Ü·­¬®·½¬ Îí Ù»²»®¿´ λ­·¼»²½» Ü·­¬®·½¬ Þí Ù»²»®¿´ ݱ³³»®½·¿´ Ü·­¬®·½¬Óì Ý»²¬®¿´ Ù»²»®¿´ ײ¼«­¬®·¿´ Ü·­¬®·½¬ Ü¿¬»æ ìñîéñïï ÎíÓ Ó»¼·«³ Ü»²­·¬§ λ­·¼»²½» Ü·­¬®·½¬ Þì Þ«­·²»­­ Ø·¹¸©¿§ Ü·­¬®·½¬ß ß¹®·½«´³¬«®¿´ Ü·­¬®·½¬ Îì Ý»²¬®¿´ λ­·¼»²½» Ü·­¬®·½¬ ͽ¿´»æ ïþã éððù Þë Ý»²¬®¿´ Þ««­·²»­­ Ü·­¬®·½¬ Ó Ó·²·²¹ Ü·­¬®·½¬ Ñï Ѻº·½» ñ λ­·¼»²½» Ü·­¬®·½¬ Þê Ý»²¬®¿´ Í»®ª·½» Ü·­¬®·½¬ Ý Ý±²­»®ª¿²½§ Ü·­¬®·½¬ Ó¿° ݱ±®¼·²¿¬»æ Ôóîï Ñî Ý»²¬®¿´ Ѻº·½» ñ λ­·¼»½» Ü·­¬®·½¬ ÞÌ Þ«­·²»­­ Ì»½¸²±´±¹§ Ü·­¬®·½¬ ÔÑÝßÌ×ÑÒ ñ ÆÑÒ×ÒÙ ÓßÐ Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ ÎÛÆÑÒ×ÒÙ ÑÚ íìðð ÝÑËÒÌÇ ÌÎËÒÕ Ú ÓßÐ ï ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ ÚÎÑÓ Óï ÌÑ Ñï ÍæЮ±¶»½¬­Äд¿²²·²¹ÄÝ¿­»­ÄÝ¿­»­óîðïïÄÔóîïÁ릱²»Áα½µÁØ¿ª»² Community Development Department Memorandum Date: May 9, 2011 TO: Janesville City Council FROM: Brad Schmidt, AICP, Associate Planner SUBJECT: Introduce, refer to Plan Commission and schedule a public hearing on a proposed ordinance rezoning property located at the southwest corner of Sandhill Drive and N. Wright Road from R3 and R1 to O1 (File Ordinance No. 2011-484) _____________________________________________________________________ HospiceCare, Inc. has submitted a rezoning application for property located at the southwest corner of Sandhill Drive and N. Wright Road (3301 Sandhill Drive) for rezoning from R3, General Residence District and R1, Single and Two-Family Residence District to O1, Office/Residence District. The subject property is currently undeveloped and was previously rezoned to R3 for a senior independent living facility that was never constructed. HospiceCare, Inc. has proposed to construct a service center for its hospice operations on 5-acres of land. Initial plans for the facility do not include in-patient services; however, if the need for such services is in demand in the future, such in-patient services may be offered on the site. Office and nursing care services are not permitted within the R3 and R1 Districts and the property must be rezoned to the O1 District where these uses are permitted. The Planning Department recommends that following the first reading of Ordinance No. 2011-484, it be referred to the Plan Commission for review and recommendation and then scheduled for public hearing on 27 June 2011. cc: Eric Levitt Jay Winzenz ORDINANCE NO. 2011-484 An ordinance changing the zoning classification of property located at the southwest corner of Sandhill Drive and N. Wright Road from R3 and R1 to O1 with a penalty and injunctive relief for a violation thereof as set forth in Section 18.28.010 of the Code of General Ordinances of the City of Janesville. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. The zoning classification of the following described property is hereby changed from R3, General Residence District, and R1, Single-Family Residence District, to O1, Office/Residence District. PART OF OUTLOT 1 OF A CERTIFIED SURVEY MAP AS RECORDED IN VOLUME 25, PAGES 273 THRU 275, OF CERTIFIED SURVEY MAPS OF ROCK COUNTY, WISCONSIN, AS DOCUMENT NO. 1559526, LOCATED IN THE NW 1/4 OF THE SW 1/4 AND THE SW 1/4 OF THE SW 1/4 SECTION 16; ALSO PART OF THE NE 1/4 OF THE SE 1/4 AND THE TH SE 1/4 OF THE SE 1/4 OF SECTION 17, T.3N., R.13E., OF THE 4 P.M., CITY OF JANESVILLE, ROCK COUNTY, WISCONSIN. DESCRIBED AS FOLLOWS: Commencing at the SE Corner of said Section 17; thence N.1°00’24”W. along the East Line of the SE 1/4 of said Section, 1113.82 feet to the most Southerly Corner of said Outlot; thence N.27°54’20”E. 4.91 feet to the place of beginning for the land to be herein described; thence N.62°05’40”W. 469.84 feet; thence N.27°54’20”E. 498.56 feet to the Centerline of Sandhill Drive; thence S.62°05’40”E. 529.85 feet to the Centerline of N. Wright Road; thence S.27°54’20”W. along said Centerline 498.56 feet; thence N.62°05’40”W. 60.00 feet to the place of beginning. SECTION II. This ordinance shall take effect immediately upon adoption by the Common Council, the public health, welfare, peace, tranquility, good order, public benefit, and police power so requiring. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Dongarra-Adams Eric J. Levitt, City Manager Liebert McDonald ATTEST: Rashkin Steeber Jean Ann Wulf, City Clerk-Treasurer Voskuil APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Applicant Prepared by: Community Development Department Îï ß®»¿ °®±°±­»¼ ¬± ¾» ®»¦±²»¼ Þì Îí ¬± Ñï Îï Îï q Ʊ²·²¹ Þ±«²¼¿®§ ß®»¿ ¬± ¾» ®»¦±²»¼ ¬± Ñï Ô»¹»²¼ Îï Í·²¹´»óÚ¿³·´§ ú Ì©± Ú¿³·´§ λ­·¼»²½» Ü·­¬®·½¬ Ñí Ò»·¹¸¾±®¸±±¼ Ѻº·½» Ü·­¬®·½¬ Óï Ô·¹¸¬ ײ¼«­¬®·¿´ Ü·­¬®·½¬ ÎïÜ Ì©± Ú¿³·´§ λ­·¼»²½» Ü·­¬®·½¬ Þï Ò»·¹¸¾±®¸±±¼ ݱ²ª»²·»²½» Ü·­¬®·½¬Óî Ù»²»®¿´ ײ¼«­¬®·¿´ Ü·­¬®·½¬ Îî Ô·³·¬»¼ Ù»²»®¿´ λ­·¼»²½» Ü·­¬®·½¬ Þî ݱ³³«²·¬§ ͸±°°·²¹ Ü·­¬®·½¬Óí Ý»²¬®¿´ Ô·¹¸¬ ײ¼«­¬®·¿´ Ü·­¬®·½¬ Îí Ù»²»®¿´ λ­·¼»²½» Ü·­¬®·½¬ Þí Ù»²»®¿´ ݱ³³»®½·¿´ Ü·­¬®·½¬Óì Ý»²¬®¿´ Ù»²»®¿´ ײ¼«­¬®·¿´ Ü·­¬®·½¬ Ü¿¬»æ ìñîêñïï ÎíÓ Ó»¼·«³ Ü»²­·¬§ λ­·¼»²½» Ü·­¬®·½¬ Þì Þ«­·²»­­ Ø·¹¸©¿§ Ü·­¬®·½¬ß ß¹®·½«´³¬«®¿´ Ü·­¬®·½¬ Îì Ý»²¬®¿´ λ­·¼»²½» Ü·­¬®·½¬ ͽ¿´»æ ïþã íððù Þë Ý»²¬®¿´ Þ««­·²»­­ Ü·­¬®·½¬ Ó Ó·²·²¹ Ü·­¬®·½¬ Ñï Ѻº·½» ñ λ­·¼»²½» Ü·­¬®·½¬ Þê Ý»²¬®¿´ Í»®ª·½» Ü·­¬®·½¬ Ý Ý±²­»®ª¿²½§ Ü·­¬®·½¬ Ó¿° ݱ±®¼·²¿¬»æ Îóîð Ñî Ý»²¬®¿´ Ѻº·½» ñ λ­·¼»½» Ü·­¬®·½¬ ÞÌ Þ«­·²»­­ Ì»½¸²±´±¹§ Ü·­¬®·½¬ ÔÑÝßÌ×ÑÒ ñ ÆÑÒ×ÒÙ ÓßÐ Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ ÎÛÆÑÒ×ÒÙ ßÌ ÍÉ ÝÑÎÒÛÎ ÑÚ ÍßÒÜØ×ÔÔ ÜÎ ÓßÐ ï ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ ú Òò ÉÎ×ÙØÌ ÎÜò ÚÎÑÓ ÎíñÎï ÌÑ Ñï ÍæЮ±¶»½¬­Äд¿²²·²¹ÄÝ¿­»­ÄÝ¿­»­óîðïïÄÎóîðÁ릱²»Áر­°·½»