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Full Agenda Packet CITY OF JANESVILLE CITY COUNCIL MEETING AGENDA MONDAY, July 25, 2011 7:00 P.M. 1. Call to Order and Pledge of Allegiance. 2. Roll Call. 3. Regular City Council meeting minutes of July 11, 2011. “C” 4. Licenses; and Recommendations of the Alcohol License Advisory Committee including an appeal of the denial for an operator’s license for Anyvirkamal Bopari and Sarbjit Bopari. (Refer to separate agenda.) “C” 5. Financial statement for the month of June, 2011. “C” 6. Special recognition: Action on a proposed resolution in commendation of Mark J. Mackinnis’ service to the City of Janesville. (File Res. No. 2011-822) OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. 2. Second reading, public hearing and action on a proposed ordinance annexing property located at 2120 East Delavan Drive. (File Ord. No. 2011-487) 3. Second reading, public hearing and action on a proposed ordinance zoning property located at 2120 East Delavan Drive to R1 upon annexation. (File Ord. No. 2011-488) 4. Second reading, public hearing and action on a proposed ordinance prohibiting the possession of any firearm in any City building or structure except as allowed by law for sworn law enforcement and peace officers. (File Ord. No. 2011-493) ----------------------- “C” – This designation indicates an item that the City Council will take up under a Consent Agenda. City Council Agenda – July 25, 2011 Page 2 OLD BUSINESS (CONTINUED) 5. Discussion and action on a proposed City Council policy establishing a Code of Conduct for members of the City Council; and Commissions, Committees, and Boards. (Revised Council Policy No. 88) NEW BUSINESS 1. Recommendation of the Transportation Committee: Public hearing and action on a proposed resolution authorizing the removal of traffic control signals at Academy Street and West Milwaukee Street. (File Res. No. 2011-825) 2. Award of Contracts 2011-14 (Evonik Shoreline Restoration), 2011-15 (Sanitary Sewer Lining & Point Repairs), 2011-16 (Monterey Park Concrete Flatwork) for Public Works Bid Schedule “D” – 2011. 3. Update and possible action on proposed business incubator. 4. Introduce, refer to Plan Commission and schedule a public hearing on a proposed ordinance amending the City’s Sign Code to allow electronic message signs within Sign District E under specific situations and if approved by the Plan Commission through a conditional sign permit. (File Ord. No. 2011-494) 5. Requests and comments from the public on matters which can be affected by Council action. 6. Matters not on the Agenda. 7. Consideration of a motion to convene into closed session, pursuant to Wisconsin Statute Section 19.85(1)(e), for the purpose of deliberating and setting the negotiation and bargaining strategies, terms, and conditions for a potential industrial site TIF #22 development agreement, since competitive and/or bargaining reasons require a closed session. The use of audible cell phone ringers and active use and response to cellular phone technology by the governing body, staff and members of the public is discouraged in the Council Chambers while the Council is in session. PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING JULY 11, 2011 VOL. 62 NO. 9 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on July 11, 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, Steeber and Voskuil. CONSENT AGENDA Minutes of the special City Council meeting of June 27, 2011. Licenses; and Recommendations of the Alcohol License Advisory Committee. (Refer to separate agenda.) Motion to approve final Certified Survey Map #11005-C, Kwik Trip, 1 lot along USH 51. Council President Brunner stated that the items on the consent agenda would be approved if there were no objections. There were none. Four Tim Cullen Internship Program students were welcomed by Council President Brunner. They are Nick Gorman, Ann Armstrong, Greta Becker and Aaron Rohm. OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. Helen Close, 227 BaWood Ln., William Hein, 1128 Grand Ave., Kathryn Hein, 2525 Wesley Ave., Al Lembrich, 541 Miller Ave., Art Boehning, 4504 Hearthridge Dr., Jacob Scheidegger, 720 Wilson, Shelly Crull-Hanke, 2713 Twelve Oaks Dr., Andreah Briarmoon, 339 S. Locust St., Pam VanBrocklin, 6305 N. Lochwood Dr. and Bill McCoy, 1326 Putnam Ave., spoke in favor of expanding the pool hours (NB #1). Burdette Erickson, 115 S. High St. and Kurt Linck, 118 S. High St., spoke in support of the electoral ward boundary map and repeal of ward supervisors (NB #3 and #5). Judy Adler, representing the Monterey Questers and Brad Cantrell, 533 W. Main St., Madison, spoke in favor of the grant application for the Tallman House (NB #2.) Chuck Rydberg President of the Rock County Historical Society also supported the grant application (NB #2) and provided a $75,000 check to support the Tallman House. 2. A proposed ordinance rezoning property located at 1220 West Court Street from O1 to B2 received its second reading and public hearing. Andreah Briarmoon, 339 S. Locust St., spoke in favor of the rezoning. The public hearing was closed. Councilmember McDonald moved to adopt said ordinance, seconded by Councilmember Steeber and passed unanimously. (File Ord. No. 2011-485) 3. A proposed ordinance deleting and recreating electoral ward boundaries received it second reading and public hearing. Bill McCoy, 1326 Putnam St. spoke in opposition to the plan. Andreah Briarmoon, 339 S. Locust St., supported renaming the Fourth Ward and was opposed to the polling place change from Wilson School to the Municipal Building. The public hearing was closed. Councilmember Steeber moved to adopt said ordinance, seconded by Councilmember Liebert and passed unanimously. (File Ord. No. 2011-492) 4. Action on a proposed resolution assigning wards to polling places. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Liebert and passed unanimously. (File Res. No. 2011-818) 5. A proposed ordinance repealing the current “ward supervisors” ordinance 2.08.080 concerning members-elect of the Rock County Board received its second reading and public hearing. Bill McCoy, 1326 Putnam Ave., Andreah Briarmoon, 339 S. Locust St. and William Hein, 1128 Grand Ave., spoke in opposition of the ordinance. The public hearing was closed. Councilmember Steeber moved to adopt said ordinance, seconded by Councilmember McDonald. Councilmember McDonald offered a friendly amendment that this ordinance be a Charter Ordinance and the amendment was accepted by the maker. The motion, as amended, passed unanimously. (File Ord. No. 2011-483) Council President changed the agenda order by moving Old Business #6 to after New Business #3. NEW BUSINESS 1. Discussion and possible action on extending Rockport Pool for two additional hours and extending the Wading Pools for two additional hours. Councilmember McDonald moved to add two additional hours to Rockport Pool and Palmer Wading Pool, seconded by Councilmember Rashkin. Councilmember Voskuil offered a friendly amendment to only add one additional hour to Palmer Wading Pool and add one additional hour to Riverside Wading Pool. The friendly amendment was accepted by the maker and seconder. Councilmember Liebert called the question to end debate. The motion failed by the following vote: Aye: Councilmembers: Dongarra-Adams, Liebert, Rashkin, Steeber. Nay: Brunner, McDonald, and Voskuil. Further discussion on this matter continued. The motion, as amended, passed unanimously. 2. Authorization to allow the Monterey Questers submit a grant application for restoration of storm windows for the Tallman House. Councilmember McDonald moved to authorize the Monterey Quester to submit an application for a grant restoration of the upper level, main portion storm windows for the Tallman House to the International Grants Fund, seconded by Councilmember Voskuil and passed unanimously. 3. Award of contract 2011-13 (Tallman House roof, soffit & chimney historic restorations) for Public Works Bid Schedule C-2011. Councilmember Steeber moved to award Contract 2011-13 base bid and all alternates to Gilbank Construction, Inc. in the amount of $696,000 and express an intent to include funding in the 2011 Note Issue for a portion of this project, seconded by Councilmember Rashkin and passed by the following vote: Aye: Councilmembers Brunner, Dongarra-Adams, Liebert, Rashkin, Steeber and Voskuil. Nay: McDonald. OLD BUSINESS #6 6. Action on proposed revised Council Policy Statement #88 on City Council and Commissions Code of Conduct. By concensus of the City Council, the proposed Policy Statement #88 was modified and they requested that the changes be incorporated into the document for their further review. 4. Action on a proposed resolution authorizing the sale of land to Wisconsin Department of Transportation (WisDOT) to accommodate the State Highway 26 Corridor Expansion Project (North Wright Road overpass). Councilmember Voskuil moved to adopt said resolution, seconded by Councilmember Steeber and passed unanimously. (File Res. No. 2011-820) 5. Action on Council President recommended citizen appointment to the Historic Commission. Councilmember McDonald moved to confirm Stacie Thompson to the Historic Commission, seconded by Councilmember Steeber and passed unanimously. 6. A proposed project plan for Tax Increment Finance District No. 35, land located at the southwest corner of STH 11 and Beloit Avenue was referred to Plan Commission and scheduled for a public hearing on August 22, 2011. (File Res. No. 2011-816) 7. A proposed ordinance prohibiting the possession of any firearm in any City building or structure except as allowed by law for sworn law enforcement and peace officers, with penalties for violations thereof as set forth in JGO was introduced and scheduled for a public hearing on July 25, 2011. (File Ord. No. 2011-493) 8. Requests and comments from the public on matters which can be affected by Council action. Andreah Briarmoon, 339 S. Locust St., stated that the proactive enforcement of code violations by the nuisance inspectors has an adverse fiscal effect on the landlords. 9. Matters not on the Agenda. No one spoke. 10. Councilmember Steeber moved to convene into closed session pursuant to Wisconsin Statute Section 19.85 (1) (c), for the purpose of considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility. This is the annual evaluation of the City Manager’s performance for the previous year. The motion was seconded by Councilmember Liebert and passed unanimously. There being no further business, Council convened into closed session at 11:14 p.m. These minutes are not official until approved by the City Council. Jean Ann Wulf City Clerk-Treasurer JANESVILLE CITY COUNCIL LICENSE AGENDA 7/25/2011 RECOMMENDED A. ELECTRICIANS–ORIGINAL Dennis M. Anderson W234 N2830 Paul Rd., Pewaukee, WI Stephen C. Arnoldussen 2602 American Dr., Appleton, WI Samuel J. Gulotta 1401 Sienna Crossing Kyle P. McGraw 2313 Jeffy Trl., Madison, WI B. SIGN ERECTOR–ORIGINAL Michael’s Signs Inc. 3914 S. Memorial Dr., Racine, WI Vital Signs, LLC 245 Horizon Dr., Verona, WI C. SECONDHAND ARTICLE DEALER–ORIGINAL Best Buy Mobile #2867 2500 Milton Ave. Best Buy Stores, LP THR & Associates, Inc. 3200 Pleasant Run, Springfield, IL 62711 Jeffrey A. Parsons D. SECONDHAND JEWELRY DEALER–ORIGINAL THR & Associates, Inc 3200 Pleasant Run, Springfield, IL 62711 Jeffrey A. Parsons DUM POLICE DEPARTMENT MEMORAN July 20, 2011 TO: City Council FROM: Dan Davis, Deputy Chief of Police SUBJECT: Council Action on an Appeal for an Operator’s License by Tanvirkamal Boparai and Sarbjit Boparai Tanvirkamal Boparai and Sarbjit Boparai applied for bartender’s licenses in May of 2011. Tanvirkamal was denied because he had been arrested in 2009 for selling alcohol to an underage person. Sarbjit was denied because she had been arrested in February of 2011 for selling alcohol to an underage person. The Janesville Police Department Street Crimes Unit has received intelligence reports that Roman’s 66 is “The place to go” for underage persons who want to purchase alcohol. Roman’s 66 is owned by Balwant Singh. Bhupinder Boparai is Balwant Singh’s brother. Sarbjit Boparai is Bhupinder Boparai’s wife. Tanvirkamal is their son. Balwant Singh’s wife, Sakhpal Kaur, also applied for a bartender’s license in May. She too was denied because she had been cited in Jefferson County for selling alcohol to an underage person. Balwant Singh came into the police department to meet with me to discuss the denial. Mr. Singh explained that Sukhpal is his wife. He said that her not having a bartender’s license was placing considerable financial hardship on him because his wife does not drive and he needed her to tend to the store while he runs errands and does the banking. I expressed my concern to him over the seriousness of selling alcohol to underage persons and the number of family members who want to work at his liquor stores who have been arrested for selling alcohol to underage persons. He took exception to my referring to Tanvirkamal and Sarbjit as being part of his family. He claimed that Tanvirkamal Boparai and Sarbjit Boparai were not related to him. He said that he knows them and they asked him for a job. He said he did not care if they were not issued licenses and would simply not employ them if they did not have bartender’s licenses. After his assurances that he understood the seriousness of selling alcohol to underage persons and that Tanvirkamal and Sarbjit would not be selling alcohol in his stores, I relented and approved Sukhpal Kaur’s bartender license application. While Tanvirkamal and Sarbjit have only one arrest/conviction each for selling alcohol to underage persons, it is concerning to the police department that three 1 (3) of the bartender license applicants to work in the same stores have been arrested for selling alcohol to underage persons. Both were working at Roman’s 66 at the time of their arrests. Tanvirkamal and Sarbjit were noticed by the Clerk/Treasurer’s office that their application had been denied and that they could appeal to the ALAC. They appealed to the ALAC and were on the July 2011 ALAC agenda. Neither appeared in front of the ALAC and both appeals were denied by the ALAC. cc: Eric Levitt, City Manager Jacob J. Winzenz, Director of Administrative Services 2 ACCOUNTING DIVISION MEMORANDUM July 18, 2011 TO: City Council FROM: Patty Lynch, Comptroller SUBJECT: Financial Statement for the Month of June 2011 The City prepares its Financial Statements in accordance with generally accepted accounting principles using the modified accrual method of accounting and is audited annually by Baker Tilly Virchow Krause, LLP. We prepare interim financial statements for the Council’s review on a monthly basis. Division and Department Heads are responsible for monetary expenditures to ensure budget compliance. Revenues and expenditures are projected to year-end in June and September. Key operating funds include the General Fund, Water and Wastewater Utilities, and Sanitation Fund. A summary of their performance to budget, as compared to a three- year average, are presented in the following graphs. EXPENDITURE SUMMARY The graph below indicates that the General Fund, Water Utility, and Wastewater Utility expenditures are being made according to budget. Year-To-Date June ExpendituresCompared to Three-Year Average Current YTD 3 Yr. Avg. 60% Percent of Total Budget 50% 40% 30% 20% 10% 0% General FundWater -Wastewater - OperatingOperatingSanitation June 2011 Financial Statements July 18, 2011 Page 2 REVENUE SUMMARY The graph below indicates revenue for the General Fund and Wastewater Utility has been earned as anticipated. The Water Utility revenue is below trend due to declining water sales and the Santiation revenue is below trend due to less tonnage received at the landfill. Year-To-Date June RevenuesCompared to Three-Year Average Current YTD 3 Yr. Avg. 60% 50% Percent of Total Budget 40% 30% 20% 10% 0% General FundWaterWastewaterSanitation Other items of interest in the Financial Statement are as follows: Proprietary Funds (page 4)  The Water Utility has a deficit operating cash balance of $1,590,092 at June 30, 2011. This is partly due to the timing of debt service payments. Principal and interest totaling $2,310,795 was paid in February. Water sales 14% below projections are also a major factor. The 3% increase in water rates effective May 11, 2011 is intended to help fund the cash deficit.  The Stormwater Utility has a deficit operating cash balance of $189,606 at June 30, 2011. This is because revenue is billed on a quarterly basis after expenditures have been made.  Transit reports a negative cash balance of $887,759 due to the timing of grant reimbursements after expenditures have been made. Special Revenue Fund Balance (page 5)  TIF 3 has a positive balance of $162,379. The positive balance will be used to repay the general fund advance plus accrued interest. June 2011 Financial Statements July 18, 2011 Page 3  Many TIF funds have deficit cash balance, however TIF projections indicate that the districts will reach a positive fund balance before the districts expire.  Landfill long-term care of site #3023 ($38,465) will be reimbursed by an insurance policy we have in place for post closure care. Capital Projects Fund (page 6)  The City incurred expenditures in conjunction with road projects on Highway 11 from Wright Road to Highway 14 ($186,800). These costs will be funded with either future special assessments or General Obligation note issue. A representative of the Administrative Services Department will be available at the Council Meeting on July 25, 2011 to respond to any questions Council may have relative to these reports. Once Council is satisfied, acceptance of the Financial Statement by consent and placing them on file would be in order. /Attachments cc: Jacob J, Winzenz, Director of Administrative Services/Assistant City Manager Eric J. Levitt, City Manager HUMAN RESOURCES DIVISION MEMORANDUM July 15, 2011 TO: City Council FROM: Susan Musick, Human Resources Director SUBJECT: Retirement Recognition Mark J. Mackinnis Executive Summary At the City Council meeting of July 25, 2011, the following retirement commendation will be considered under the consent agenda: 1. Mark J. Mackinnis for twenty-four years of service with the City of Janesville (File Resolution Number 2011-822).  Mark will not be attending the July 25, 2011, Council meeting.  Mark began working for the City of Janesville on October 13, 1986, as a Firefighter/Paramedic in the Janesville Fire Department. In January, 2001, Mark was reclassified as a Driver; and in January, 2008, he was promoted to the position of Fire Lieutenant.  Mark’s retirement date was July 22, 2011. Recommendation Staff recommends adoption of File Resolution 2011-822. 1 RESOLUTION NO. 2011-822 Whereas, Mark J. Mackinnis is retiring from City of Janesville employment after having diligently served the people of the City of Janesville and the community for twenty-four years; as a firefighter, paramedic, motor pump operator, and retiring as a Lieutenant with the Janesville Fire Department; and Whereas, during Mark J. Mackinnis’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 Mark J. Mackinnis for his twenty-four years of loyal public service. th Dated this 25 day of July, 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 Wald Klimczyk, City Attorney Proposed by: Human Resources Prepared by: Human Resources Community Development Department Memorandum TO: Janesville City Council FROM: Brad Schmidt, AICP, Associate Planner DATE: July 15, 2011 SUBJECT: Second reading, public hearing and action on a proposed ordinance annexing property located at 2120 East Delavan Drive (File Ordinance No. 2011-487); and Second reading, public hearing and action on a proposed ordinance zoning property located at 2120 E. Delavan Drive to R1 upon annexation (File Ordinance No. 2011-488). SUMMARY Ervin and Jackilyn Steinke have submitted a valid unanimous petition to annex their property at 2120 East Delavan Drive. The property owners desire to be connected to public sewer and water mains located in the vicinity. The property contains a single- family residence with a well that has failed on the site. The property is contiguous with the City limits and can be served with Municipal sewer and water through a short extension of those facilities within Delavan Drive. In order to connect to the City’s sewer and water system, annexation is required. Coincident with the annexation ordinance, the Community Development Department has prepared an ordinance to zone the property to R1, Single and Two-Family Residence District. DEPARTMENT RECOMMENDATION The Plan Commission and Community Development Department recommend that following a public hearing, the City Council support a motion to adopt Ordinance Nos. 2011-487 and 2011-488 annexing and zoning to R1 property located at 2120 East Delavan Drive. ASSISTANT CITY MANAGER’S RECOMMENDATION The Assistant City Manager concurs with the recommendation of the Plan Commission. SUGGESTION MOTION A motion to adopt Ordinance Nos. 2011-487 and 2011-488 annexing and zoning to R1 property located at 2120 East Delavan Drive. ANALYSIS A. The proposed annexation area is zoned rural residential in LaPrairie Township and is developed with a single-family residence. B. The subject site is contiguous with Janesville City limits and can be provided with public sewer and water service. Those utilities are located west (approximately 200 feet) of the site and can be extended to serve the subject property. C. The City’s General Development Plan identifies the subject property as being located within a Single-Family Residential designation. That designation typically applies to areas that contain or are appropriate for single-family residences. In this case, the property is situated among several single-family home sites on the south side of East Delavan Drive. Based on the property’s current use and those in the surrounding area, zoning the property to R1 is appropriate and consistent with City plans. PLAN COMMISSION MINUTES – 5 JULY 2011 Brad Schmidt, Associate Planner, presented the written staff report. There was no discussion. The public hearing was opened and no one appeared to speak regarding this item. The public hearing was closed. Commissioner Marklein asked if the homeowners were aware of the requirements to abandon their well and Cherek indicated that he had discussions with them regarding this. There was a motion by Commissioner Marklein with a second by Commissioner Dongarra-Adams to forward the zoning of property located at 2120 E. Delavan Drive to R1 upon annexation to the City Council with a favorable recommendation. The motion carried on a 5-0-0 vote. FISCAL IMPACT The subject property proposed for annexation is developed with a single family residence with a failed septic system. The property adjoins a string of residences that were constructed in the Town along the south side of E. Delavan Drive. These properties, including the subject site, are contiguous to the city limits. Public sewer and water can be provided to this site through an extension of mains of approximately 200 feet along E. Delavan Drive. Such extension will make sewer and water available to one other residence west of the site and vacant land on the north side of Delavan Drive. While utility costs will be deferred for those properties currently located outside the City, future collection of assessments can be recaptured as requests for service connection and annexation occur. The sanitary sewer within Delavan Drive includes a main sewer trunk line that must ultimately be extended in this direction to service lands further to the east. As such, the annexation and utility extension necessary to serve the subject property should result in a positive fiscal impact on the city over the long term. CC: Duane Cherek ORDINANCE NO. 2011-487 An ordinance annexing territory in Section 6 in T.2N., R.13E. of the 4th P.M., Town of LaPrairie, Rock County, Wisconsin. WHEREAS , a petition signed by the owner of the land within such territory proposed to be annexed has been filed with the City Clerk; and WHEREAS , there are two electors residing in the territory; and WHEREAS , the necessary notices have been duly prepared, provided and served as required by law to all persons affected; and WHEREAS , this ordinance does not contain temporary zoning; and WHEREAS , the Department of Administration has not found the proposed annexation to be against the public interest; and WHEREAS , the Common Council has determined that this annexation is in the public interest. NOW THEREFORE THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. The territory described as follows is hereby attached to the City of Janesville. th Part of the NE ¼ of Section 6, T.2N, R.13E, of the 4 P.M., City of Janesville, Rock County, Wisconsin described as follows: Lot 1 of Burmester’s Subdivision within the Town of LaPrairie, Rock County, Wisconsin. Containing .381 acres. SECTION II. After this annexation becomes effective, the above described property shall be exempt from and not subject to further taxation and assessments in the Town of LaPrairie and thence forth shall be subject to taxation and assessment as part of the City of Janesville for any and all purpose provided by law. SECTION III. All the territory attached by this ordinance is hereby made part of Ward 28 of the City of Janesville. SECTION IV. There are two residents in the area proposed for annexation. SECTION V. The annexation is within the Janesville School District. SECTION VI. 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. ORDINANCE NO. 2011-487 PAGE 2 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: Applicant Prepared by: Community Development Department ORDINANCE NO. 2011-488 An ordinance changing and establishing the zoning classification of property located at 2120 E. Delavan Drive. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. The zoning classification of the following described property is established as R1, Single and Two-Family Residence District: th Part of the NE ¼ of Section 6, T.2N, R.13E, of the 4 P.M., City of Janesville, Rock County, Wisconsin described as follows: Lot 1 of Burmester’s Subdivision within the Town of LaPrairie, Rock County, Wisconsin. Containing .381 acres. 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 Eric J. Levitt, City Manager Dongarra-Adams Liebert ATTEST: McDonald Rashkin Jean Ann Wulf, City Clerk-Treasurer Steeber Voskuil APPROVED AS TO FORM: City Attorney Proposed by: Community Development Department Prepared by: Community Development Department ÍËÞÖÛÝÌ Í×ÌÛ Ý×ÌÇ Ô×Ó×ÌÍ q Ô»¹»²¼ Í«¾¶»½¬ Í·¬» Ý·¬§ Ô·³·¬ Ü¿¬»æ ëñïçñïï Í½¿´»æ ïþã ìððù Ó¿° Ý±±®¼·²¿¬»æ Ñóïí ÔÑÝßÌ×ÑÒ ÓßÐ Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ ÓßÐ ï ßÒÒÛÈßÌ×ÑÒ ÑÚ îïîð Ûò ÜÛÔßÊßÒ ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ ÍæÐ®±¶»½¬ÄÐ´¿²²·²¹ÄÝ¿»ÄÝ¿»îðïïÄÑóïíÁß²²»¨óîïîðóÛóÜ»´¿ª¿²ò³¨ CITY MANAGER’S OFFICE MEMORANDUM July 15, 2011 TO: City Council FROM:Wald Klimczyk, City Attorney Becca Smith, Management Analyst Tim Wellnitz, Assistant City Attorney SUBJECT: Second reading, public hearing, and action on a proposed ordinance prohibiting the possession of any firearm in any City building or structure, except as allowed by law for sworn law enforcement and peace officers. (File Ord. No. 2011-493) Request Councilmembers Sam Liebert and Yuri Rashkin requested the Administration draft a policy prohibiting firearms within the Municipal Building. Staff expanded the proposed policy to include other city facilities and recommends an ordinance be established, instead of a policy statement. Staff Recommendation Staff has no recommendation. Police Department Recommendation The Police Department recommends adoption of the ordinance. Assistant City Manager Recommendation The Assistant City Manager concurs with the recommendation of the Police Department. Ordinance 2011-493 Ordinance 2011-493 prohibits individuals from bringing firearms onto property owned, occupied, or controlled by the City of Janesville, including the Municipal Building and Hedberg Public Library. Individuals would be able to have firearms on the city-owned bike trail or in open spaces within the park system as provided by state law. This ordinance exempts sworn Wisconsin or Federal law enforcement or police officers. This ordinance also exempts any city property where this ordinance is not “signed” stating the property prohibits firearms. Individuals found possessing firearms on city property may be fined a penalty ranging from $200-$10,000. Pros & Cons of Approving Ordinance 2011-493 Pros: 1. Public may feel safer, more welcomed and less intimidated if they know firearms are not present at city facility; 2. There will be less opportunity for firearms accidents if they are not as prevalent at city facilities; 3. This will make the policy in other city buildings consistent with the prohibition in state law for carrying firearms in a police building. Cons: 1. This ordinance is different than the state law policy adopted by the Wisconsin legislature, which generally allows individuals to openly carry a firearm or carry a concealed firearm with a permit. CC: Eric Levitt, City Manager Jacob J. Winzenz, Assistant City Manager ORDINANCE NO. 2011 - 493 An ordinance prohibiting the possession of any firearm in any City building or structure except as allowed by law for sworn law enforcement and peace officers, with penalties for violations thereof as set forth in JGO 9.88.040. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Chapter 9.88 of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: “Chapter 9.88 NO FIREARMS OR WEAPONS INSIDE CITY BUILDINGS Sections: 9.88.010 Prohibition. 9.88.020 Exceptions. 9.88.030 Definitions. 9.88.040 Violation--Penalties. 9.88.010 Prohibition. A. No person may possess or bring any concealed or unconcealed firearm or weapon into or upon any City owned, occupied, or controlled building or structure at any time. B. No person may cause any concealed or unconcealed firearm or weapon to be brought into or present upon any City owned, occupied, or controlled building or structure at any time. 9.88.020 Exceptions. A. The prohibitions set forth in JGO 9.88.010 do not apply to sworn Wisconsin or Federal law enforcement or police officers. B. The prohibitions set forth in JGO 9.88.010 do not apply to City owned, occupied, or controlled buildings or structures not containing a “sign” as defined in this Chapter. 9.88.030 Definitions . A. “Building” shall have the meaning as set forth in JGO 18.20.090, as from time to time amended or renumbered, to-wit: “…any structure built for the support, shelter, or enclosure of persons, chattels, or movable property of any kind and which is permanently affixed to the land but shall not include fences.” Buildings shall include each City owned, occupied, or controlled building and structure as contemplated by, but not limited to, those enumerated and described in Wis. Stats. Section. 943.13(1m)(c) 4., as from time to time amended or renumbered, that contain a “sign” providing notice of the prohibitions. B.“City” shall mean the City of Janesville, a Wisconsin municipal corporation. C.“Federal” shall mean employed by the United States of America or a Federal agency. D.“Firearm” shall mean all weapons that act by force of gunpowder within the scope of Wis. Stats. Sec. 167.31(1)(c) and shall also include all devices, items, and weapons enumerated in JGO 9.87.010 such as bows, etc., both as from time to time amended or renumbered. E. “Law enforcement officer” shall mean those defined as “Police Officers.” F. “Police Officer” shall mean any sworn: City of Janesville police officer, Rock County sheriff, undersheriff, deputy sheriff, game warden, state patrol officer, state game warden, other sworn Wisconsin law enforcement officer, or sworn Federal law enforcement agent.” G. “Sign”, “signs,” and “signed” shall mean City Manager authorized written information that provides notice of the prohibitions set forth in this Chapter prominently posted near all of the entrances open to the public for that building so that any individual entering the building can be reasonable expected to see the notice “sign” or “signs.” See also: Wis. Stats. 943.13(2)(bm) 2., am., as from time to time amended or renumbered for guidance as to notice and signs. H.“Structure” shall have the meaning as set forth in JGO 18.20.860, as from time to time amended or renumbered, to wit: “… anything constructed or erected, the use of which requires a more or less permanent location or which is attached to something having a permanent location on or in the ground, a stream bed or lake bed.” Structures shall include, but not be limited to, each City owned, occupied, or controlled building and structure, all other City owned buildings and structures as contemplated by, but not limited to, those enumerated and described in Wis. Stats. Section. 943.13(1m)(c) 4., as from time to time amended or renumbered, that contain a “sign” providing notice of the prohibitions. 9.88.040 Violations – Penalties. A. Any person who violates any of the provisions of this chapter shall forfeit and pay to the city a penalty of not less than Two Hundred Dollars ($200) and not to exceed Ten Thousand Dollars ($10,000) per weapon per incident, together with the costs of prosecution for each offense, and in default of the payment of such forfeiture penalty, the violator shall be subject to the remedies available to a court by law and/or equity for failure to pay imposed forfeitures, including, but not limited to, imprisonment in the Rock County for not more than one hundred eighty (180) days. B. In addition to the penalties set forth in subsection A., the offending firearm(s) and/or weapon(s) shall be seized by the Janesville police and forever forfeited to the State Crime Laboratory.” (adopted 07/2011) 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: City Manager Prepared by: City Attorney Attorney/Shared/Ordinance No Firearms in Municipal Building.doc ADMINISTRATIVE SERVICES MEMORANDUM July 20, 2011 TO: City Council FROM: Jacob J. Winzenz, Dir. of Admin. Services/Assistant City Manager SUBJECT: Discussion and Action on a Proposed City Council Policy Establishing a Code of Conduct for Members of the City Council; and Commissions, Committees, and Boards. (Revised Council Policy No. 88) Attached is revised City Council Policy Statement No. 88 which establishes a code of conduct for members of the City Council; and commissions, committees and boards. The proposed policy was previously reviewed by the City Council at thth their meetings on June 27 and July 11. Changes to the proposed policy have been incorporated in the draft attached to this cover memo. If any City Councilmember would like a “redlined” version showing the changes from the th policy reviewed on July 11, please contact me and we can make that available. CITY OF JANESVILLE Policy No. 88 Page 1 of 6 CITY COUNCIL POLICY STATEMENT Date Issued General Subject: Administration Effective Date: Specific Subject: City Council & Commissions, Committees & Boards Code Of Conduct Cancellation Date: Supersedes No. PURPOSE: It is the policy of the City of Janesville to uphold and promote ethical conduct from elected and appointed public officials. The city council recognizes the importance of establishing ethical principles, rules, and laws that guide elected officials and members of appointed boards, commissions, and committees, herein referred to as public officials. STATEMENT OF POLICY: Public officials are to maintain the highest standards of personal conduct, integrity, truthfulness, and fairness in carrying out their public duties. Responsibility of Public Office: The primary goal of public officials is working for the common good of the City of Janesville and in the public’s best interest. Compliance with Law: Public officials are agents of the public purpose and are therefore obligated to uphold the laws of the nation, state, county, and city. Conduct of Officials: The conduct of public officials shall be above reproach and avoid the appearance of impropriety. Public officials may disagree during debate ofissues however the debate should be civil and cordial. Public officials shall refrain from abusive conduct, personal charges, or verbal attacks upon the character or actions of other council members or of members of boards, commissions, committees, city staff, or the public. Performance of Duties: (1) Public officials shall perform their duties with diligence and in accordance with the rules of order established by the city council, board, commission, or committee conducting the meeting for the deliberation of public policy issues, and implementation of policy decisions of the city council by city staff. The involvement by citizens or citizen opinion regarding public policy issues shall be meaningful and fully considered. (2) The City has provided a variety of means for citizens to communicate with the Council. It is intended for Council members to use the City e-mail addresses and the City website and social media sites to receive communication from citizens. Council members are strongly discouraged from utilizing their personal electronic CITY OF JANESVILLE Policy No. 88 Page 2 of 6 CITY COUNCIL POLICY STATEMENT Date Issued General Subject: Administration Effective Date: Specific Subject: City Council & Commissions, Committees & Boards Code Of Conduct Cancellation Date: Supersedes No. media (email, facebook pages, blogs, text messaging, etc.) to communicate on City business. If a Council member chooses to use his/her personal electronic media, then it is solely his/her responsibility to produce any electronic media per the public records law, not saved on a City of Janesville server. Public Meetings: (1) Public officials shall prepare for meetings to conduct the business of the City of Janesville in a meaningful manner regarding the public issues to be debated. Public officials will listen courteously and attentively to all public discussion before the body and focus on the business being conducted. (2) Public officials shall refrain from interrupting other speakers, making personal comments not related to the public discussion or otherwise interfere with the orderly conduct of the meeting. Electronic Devices: (1) Any electronic communication devices shall be set aside, silenced or turned off so as to not interfere, distract, or disrupt the conduct of the public meeting. Electronic devices shall not be used for social media or entertainment purposes. (2) Electronic communication devices may be used to search the internet to research a question under discussion. The individual may not use the electronic device to communicate with individuals not at the meeting regarding the business of the meeting. Deliberations and Decisions: Public officials will base their decisions on the merits and substance of the business or public policy at hand. Communication: Public officials shall publicly share with the body substantive information that is relevant to the matter under consideration by the council, board, commission, or committee, which the public official received from sources outside the public decision-making process. Conflict of Interest: Public officials should remove themselves from debate and deliberation on matters of public interest should they have a material financial interest or personal relationship, which may give the appearance of or be a conflict of interest as CITY OF JANESVILLE Policy No. 88 Page 3 of 6 CITY COUNCIL POLICY STATEMENT Date Issued General Subject: Administration Effective Date: Specific Subject: City Council & Commissions, Committees & Boards Code Of Conduct Cancellation Date: Supersedes No. set forth in Wisconsin Statutes 19.46. Public officials should avoid action, whether or not specifically prohibited, which may result or create the appearance of direct conflict of interest. Gifts, Gratuities, and Favors (1) Public officials shall comply with the requirements of Section 19.59(1)(a)(b), WI Statutes relating to the acceptance and reporting of gifts, gratuities, and favors. (2) No public official shall accept anything of value, whether in the form of gift, service, loan, or promise from any person which may tend to influence his/her independence of judgment or action in the performance of their duties or grant in the discharge of their duties any improper favor or service of value. Confidentiality of Information: Public officials shall not disclose to anyone any information obtained during and/or in relation to any closed session, the disclosure of which is: (1) prohibited by law, e.g. certain personnel or employee information rendered confidential or prohibited from release by Federal or State law, such as, but not limited to, social security numbers, driver license information, health matters, medical payments, or personal or family financial information under 19.85(1)(b), (c), or (f), 19.35(1)(am)1., 19.35(1)(am)2., 2(a), 2.(b), or (2)(c), 19.356, 19.36(2),19.36 especially 19.36(10) concerning certain personnel and employment records and information, 19.36(13), 103(13)(6) especially 103(13)(6)(e); (2) prohibited from disclosure during the pendency of a quasi-judicial hearing before the council and/or a committee, board or commission upon which the council member sits; and/or (3) that would undermine or jeopardize, tend to or potentially undermine, obstruct, and/or jeopardize, the financial, legal, strategic, or best interests of the City, such as, but not limited to, collective bargaining strategies, real estate or contract negotiations, and legal advice during the pendency of the matter. CITY OF JANESVILLE Policy No. 88 Page 4 of 6 CITY COUNCIL POLICY STATEMENT Date Issued General Subject: Administration Effective Date: Specific Subject: City Council & Commissions, Committees & Boards Code Of Conduct Cancellation Date: Supersedes No. Use of Public Resources: (1) The use of city facilities, equipment, vehicles, supplies, on-duty personnel, or other goods or services is limited to city business. Public resources may not be used except on the same basis that the resources otherwise would be available to the general public. Rental or usage fees may not be waived except in accordance with city policy. (2) A public official may use the city’s name, letterhead, logo, or seal only when it is used representing the City of Janesville or the body as a whole and only with the prior consent of the council, council president, or city manager. (3) A public official shall not utilize the city’s name, letterhead, logo, or seal for the purpose of endorsing any political candidate. (4) A public official shall not utilize the city’s name, letterhead, logo or seal for the purpose of recognizing a business, commercial product, or service unless specifically authorized by the City Council as a whole or due to an agreement with the City. Representative of Private Interests: City council members shall not appear on behalf of the private interests of third parties before the council or any board, commission, committee, or proceeding of the city. Public officials of boards, commissions, and committees shall not appear before their own bodies or before the city council on behalf of the private interest of third parties on matters related to the areas of service or their board, commission, or committee. Advocacy: (1) Public officials shall represent the official policies and positions of the city council, board, commission, or committee to the best of their ability when designated as delegates for this purpose. (2) Public officials when representing their personal opinions and positions, in a written document or speech, shall state that they are not representing the City of Janesville, city council, board, commission, or committee but expressing their personal view. CITY OF JANESVILLE Policy No. 88 Page 5 of 6 CITY COUNCIL POLICY STATEMENT Date Issued General Subject: Administration Effective Date: Specific Subject: City Council & Commissions, Committees & Boards Code Of Conduct Cancellation Date: Supersedes No. (3) Sections 1 & 2 do not apply when a Council member is at a non-political event or when attending a City ceremony. Policy Role of Members: Public officials shall adhere to the Council-Manager form of government as set forth in the City Charter and Council Policy with respect to the city manager’s relationship with the city council. The city council determines the policies of the city with advice, information, and analysis provided by the public, boards, commissions, committees, and city staff. Except as provided by city ordinance, council members shall not interfere with the administrative functions of the city or the professional duties of city staff or impair the ability of staff to implement council policy decisions. Independence of Boards, Commissions, and Committees: The independent recommendations of boards, commissions, and committees to the public decision making process is recognized as valuable and significant. Harassment: Public officials shall avoid offensive or inappropriate harassing behavior. Should there be complaints of harassment such complaints will be promptly and carefully investigated in accordance with the City of Janesville Harassment Policy. Positive Work Place Environment: Public officials shall support the maintenance of a positive and constructive work place environment for city employees and for citizens conducting business with the city. City Attorney to Render Opinion on Request: Public officials subject to this policy, if in doubt to the proper interpretation or application of the Code of Conduct or Ethics law may submit to the city attorney a written statement of facts and questions. The city attorney will then render a written opinion to the official and shall publish the opinion without use of the name of the official advised unless such official permits the use of their name. Implementation: (1) The Code of Conduct for the City of Janesville is intended to be self-enforcing. Ethical standards shall be included in the orientation for candidates for city council, newly elected officials and appointed members to boards, commissions, and committees. CITY OF JANESVILLE Policy No. 88 Page 6 of 6 CITY COUNCIL POLICY STATEMENT Date Issued General Subject: Administration Effective Date: Specific Subject: City Council & Commissions, Committees & Boards Code Of Conduct Cancellation Date: Supersedes No. (2) Public officials entering office will be provided a statement certifying they have read and understand the Code of Conduct (signing the statement is optional). (3) The Code of Conduct City Council Policy shall be reviewed and updated as necessary in November/December of odd-numbered years. Sanctions: (1) A determination that an elected official’s actions constitute a violation of the Code of Conduct Policy may be cause for sanctioning in the form of a reprimand or censure by the city council. Sanctions and censures of a city council member may be made only by an affirmative vote of two-thirds of the members of the council present. For a City Council to consider some form of sanctioning at least 3 members must present the request. (2) A determination that a public official’s action (member of an appointed board, commission or committee) constitutes a violation of the Code of Conduct Policy may be cause for sanctioning in the form of reprimand or censure, or removal from the board, commission, or committee by the city council. Sanctions, censures, or removal shall be made by an affirmative vote of two-thirds of the members of the council present. Members of the Police and Fire Commission, Zoning Board of Appeals, and Plan Commission shall be exempt from the removal provision. Attachments: Chapter 19.41 to 19.59 WI Statutes Wisconsin’s Ethics Laws – Recognizing and Avoiding Conflicts of Interest League of Wisconsin Municipalities Recognizing & Avoiding Conflicts of Interest League of Wisconsin Municipalities ENGINEERING DIVISION MEMORANDUM July 6, 2011 TO: City Council FROM: Dennis Ryan, Assistant Engineering Manager RECOMMENDATION OF THE TRANSPORTATION COMMITTEE SUBJECT: PUBLIC HEARING AND ACTION ON A RESOLUTION AUTHORIZING THE REMOVAL OF TRAFFIC CONTROL SIGNALS AT ACADEMY STREET & WEST MILWAUKEE STREET (FILE RESOLUTION NO. 2011-825) At its regular meeting of February 9, 2011, the Transportation Committee recommended by a 4-0 vote to: 1) take the traffic signals out-of-service, 2) install stop signs on the side street, 3) monitor the intersection for 90 days, and 4) bring forward a Council Resolution for complete removal of the signals at the intersection of Academy Street & West Milwaukee Street. The staff report and meeting minutes from the meeting in February are attached. In addition, an updated traffic signal warrant analysis and collision diagram is attached. While there has been some objection to removing the signal from businesses near the intersection, we feel the 90 day study period confirmed the signal is no longer needed. It should also be noted that aging equipment at the intersection, as indicated in the Transportation Committee report, will require significant upgrades if the signals remain operational. Signal removal at this intersection is estimated to cost approximately $2,500, with funding from the 2011 Traffic Management budget. Recommendation Following the Public Hearing at the July 25, 2009 Council Meeting, the Engineering Division recommends adoption of Resolution No. 2011-825. Assistant City Manager recommendation I concur with the recommendation of the Transportation Committee. Suggested Motion I move to adopt Resolution No. 2011-825. DFR:sja Attachments cc: Eric Levitt, City Manager Jay Winzenz, Director of Administrative Services/Assistant City Manager Carl Weber, Director of Public Works/City Engineer Mike Payne, Engineering Manager CITY OF JANESVILLE RESOLUTION NO. 2011-825 A RESOLUTION AUTHORIZING THE REMOVAL OF CERTAIN INTERSECTION TRAFFIC CONTROL SIGNALS and/or DEVICES LOCATED AT: Academy Street and West Milwaukee Street; WHEREAS , The Common Council of the City of Janesville, as the governing body of the City, previously by resolution and/or order deemed it necessary for the public safety to provide for the installation of certain official traffic control signals and/or devices upon and at the following highways and intersection located solely in the City of Janesville, County of Rock, State of Wisconsin: Academy Street and West Milwaukee Street; and WHEREAS , the Common Council of the City of Janesville, as the City’s governing body, may for the public safety design, install, operate and use traffic control signals and/or devices pursuant to, but not limited to, Wis. Stats. §§ 349.065, 349.07, 349.06, 349.03, 66.0101 and JGO 10.04.010 and related state statutes and City ordinances; and WHEREAS , the installed traffic safety control signals and/or devices must and did conform to the requirements of Wis. Stats. § 349.065 and the Wisconsin Uniform Traffic Control Devices Manual; and WHEREAS , the Transportation Committee of the City of Janesville, after public hearing and input, studied and considered the proposal to remove these official traffic control signals and/or devices at their public meeting on Wednesday, the 9th day of February, 2011, recommending by a vote of 4-0 to; 1) take traffic signals out-of-service, 2) install stop signs on the side street, 3) monitor the intersection for 90 days, and 4) bring forward a Council Resolution to terminate the signals from use and remove them for the public good and welfare; and WHEREAS , the 90 day study period results confirmed the signals are no longer needed; and WHEREAS , a public hearing was conducted before the Common Council on the date of the consideration and action upon this Resolution, which public input was duly considered before action was taken; and WHEREAS , after conducting a public hearing thereon, the Common Council factually determined that the above located described intersection traffic control signals and/or devices are no longer necessary for the public safety, health or welfare and that termination of their use and removal is in the public’s interest and benefit; and WHEREAS , the estimated aggregate cost of such terminations from use and removal is approximately two-thousand-five hundred & 00/100 Dollars ($2,500.00), which funding shall come from the City’s 2011 Traffic Management budget. CITY OF JANESVILLE RESOLUTION NO. 2011-825 (Page 2 – Continued) NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville that: 1. Each and every of the above recitals is reiterated and incorporated by reference herein into these empowerment provisions; and 2. The official traffic control signal and/or device shall be removed from use by the City Administration at the earliest convenient opportunity; and 3. Funding for such removal shall be in the manner directed by the City Manager; and 4. Any and all other regulations, ordinances and laws applying to traffic control at the above intersection not specifically addressed herein shall remain in full force and effect, and unaffected by this Resolution; and BE IT FURTHER RESOLVED, that the City Manager and his designee(s), on behalf of the City of Janesville, is/are hereby jointly and severally authorized and empowered to take whatever additional actions that the City Manager may determine in his sole discretion, from time to time and at any time, necessary and/or desirable in the public interest to effectuate the intent of this Resolution. ADOPTED: MOTION BY: APPROVED: SECOND BY: COUNCILMEMBER AYE NAY PASS ABSENT Eric Levitt, City Manager BRUNNER ATTEST: DONGARRA-ADAMS Jean Ann Wulf, City Clerk-Treasurer LIEBERT APPROVED AS TO FORM: McDONALD RASHKIN Wald Klimczyk, City Attorney STEEBER VOSKUIL Proposed by: The Transportation Committee Prepared by: Engineering Division and City Attorney DEPARTMENT OF PUBLIC WORKS MEMORANDUM 14 July 2011 TO: City Council FROM: Mike Payne, Engineering Manager SUBJECT: AWARD OF BID SCHEDULE “D” – 2011 CONTRACT 2011-14, EVONIK SHORELINE RESTORATION CONTRACT 2011-15, SANITARY SEWER LINING & POINT REPAIRS CONTRACT 2011-16, MONTEREY PARK CONCRETE FLATWORK Summary Bids for Public Works Bid Schedule “D” – 2011, Contracts 2011-14, -15, and -16, were opened on Wednesday, July 13, 2011. Each of the low bids was found to be responsive and acceptable. Recommendation Following review by the Council, the Engineering Division recommends award of Contracts 2011-14, -15, and -16 to the low bidders and that the City Council express their intent to include in the 2011 Note Issue $609,581 for Sanitary Sewer Lining & Point Repairs. Assistant City Manager Recommendation I concur with the recommendation of staff. The sanitary sewer lining and point repairs are basic infrastructure maintenance to reduce inflow into the sanitary sewer system, decrease the possibility of sewer back-ups, and extend the life of the pipe. Suggested Motion I move to award Contracts 2011-14, 2011-15, and 2011-16 to the low bidders as recommended and express the intent to include in the 2011 Note Issue $609,581 for Sanitary Sewer Lining & Point Repairs. Background Contract 2011-14, Evonik Shoreline Restoration This project includes work necessary along the Rock River for clearing and grubbing, 1,300 S.Y. shoreline shaping and 3” clear stone base, and 1,300 S.Y. heavy rip rap with fabric. This project will complete shoreline restoration of City owned property following damage sustained during the 2008 flood. We received four (4) bids for this project, with Valia Excavating LLC providing the low bid. The Engineering Division is recommending award of the contract to Valia Excavating LLC, Fort Atkinson, Wisconsin, in the amount of $63,150. The bids received are shown below: AWARD OF PUBLIC WORKS BID SCHEDULE “D” – 2011 14 JULY 2011 – PAGE 2. 2011-14 Evonik Shoreline Restoration Valia Excavating LLC Total Bid: $63,150.00 W7755 Hy. 106 Ft. Atkinson, WI 53538 Bjoin Limestone Inc. Total Bid: $75,432.50 7308 W. State Rd. 11 Janesville, WI 53548 CHILS Total Bid: $87,496.00 W384 Young Road Eagle, WI 53119 Frank Silha & Sons Excavating, Inc. Total Bid: $191,606.25 348 Highway 14 East Janesville, WI 53546 Funding for this project is Emergency Assistance Program grant funding. Contract 2011-15, Sanitary Sewer Lining & Point Repairs This project includes trenchless lining repair (cured-in-place lining method) of approximately 16,000 L.F. 8”-24” diameter sanitary sewer, manhole-to-manhole, and approximately five 8” diameter point repairs of varying lengths under existing paved streets. This work is part of an annual utility maintenance program. We received four (4) bids for this project, with Utility Services Authority, LLC providing the low bid. The Engineering Division is recommending award of the contract to Utility Services Authority, LLC, Belleville, Michigan, in the amount of $609,581. The bids received are shown below: 2011-15 Sanitary Sewer Lining & Point Repairs Utility Services Authority, LLC Total Part A: $596,781.00 6001 Schooner Drive Total Part B: $12,800.00 Belleville, MI 48111 Grand Total Bid: $609,581.00 Visu-Sewer, Inc. Total Part A: $609,741.50 W230 N4855 Betker Drive Total Part B: $8,460.00 Pewaukee, WI 53072 Grand Total Bid: $618,201.50 Insituform Technologies USA, Inc. Total Part A: $711,840.30 17988 Edison Avenue Total Part B: $8,260.00 Chesterfield, MO 63005 Grand Total Bid: $720,100.30 AWARD OF PUBLIC WORKS BID SCHEDULE “D” – 2011 14 JULY 2011 – PAGE 3. Michels Corporation Total Part A: $830,458.00 817 W. Main Street, P.O. Box 128 Total Part B: $11,175.00 Brownsville, WI 53006 Grand Total Bid: $841,633.00 Part A of the contract includes sewer lining. Part B of the contract includes sewer point repairs. Funding for this project is the 2011Note Issue. The 2011 Major Capital Projects budget included $750,000 for this work. Contract 2011-16, Monterey Park Concrete Flatwork This project was brought forward by the Neighborhood Action Teams as part of their th effort to improve parks in the 4 Ward and Look West Neighborhoods. The scope of the project replaces two underutilized and damaged asphalt tennis courts with concrete basketball surfaces and converts an asphalt basketball court into a 29 stall parking lot in Monterey Park immediately adjacent to Riverside Street east of Monterey Stadium. This project includes approximately 1,350 S.Y. asphalt pavement removal, base preparation, placement of 1,300 S.Y. new concrete pavement, and associated restoration. We received four (4) bids for this project, with J.B. Johnson Bros. LLC providing the low base bid plus alternate #3. The Engineering Division is recommending award of the base bid and alternate #3 to J.B. Johnson Bros. LLC, Edgerton, Wisconsin, in the amount of $39,773. The bids received are shown below: 2011-16 Monterey Park Concrete Flatwork Ivan Rice and Sons, Inc. Base Bid: $6,167.15 108 Hilltop Drive Base Bid + Alternate #1: $24,988.70 Milton, WI 53563 Base Bid + Alternate #2: $34,401.00 Base Bid + Alternate #3: $43,193.15 J. B. Johnson Bros. LLC Base Bid: $8,918.00 12 Maple Ct. Base Bid + Alternate #1: $27,431.00 Edgerton, WI 53534 Base Bid + Alternate #2: $36,689.00 Base Bid + Alternate #3: $39,773.00 Middleton Construction Inc. Base Bid: $7,858.30 215 Industrial Drive Base Bid + Alternate #1: $29,456.80 Arlington, WI 53911 Base Bid + Alternate #2: $37,943.55 Base Bid + Alternate #3: $46,735.60 Rock Road Companies, Inc. Base Bid: $17,797.89 P.O. Box 1779 Base Bid + Alternate #1: $37,977.06 Janesville, WI 53547-1779 Base Bid + Alternate #2: $48,068.28 Base Bid + Alternate #3: $57,415.71 AWARD OF PUBLIC WORKS BID SCHEDULE “D” – 2011 14 JULY 2011 – PAGE 4. The base bid includes removing asphalt surfaces and base preparation. Alternate item A includes constructing one full size basketball court. Alternate item B includes construction of one full size basketball court and one half size basketball court. Alternate item C includes constructing two full size basketball courts. Funding for this project is previously appropriated Community Development Block Grant funding. cc: Eric Levitt Jay Winzenz Carl Weber Economic Development Department Memorandum July 25, 2011 TO: City Council FROM: Vic Grassman, Economic Development Director SUBJECT: Update and Possible Action on Proposed Business Incubator Executive Summary On Sept. 13, 2010, the Janesville City Council formally approved the use of funds from TIF 22 to meet the 25% match requirement for a U. S. Dept, of Commerce, Economic Development Administration (EDA) grant to fund the construction of a business incubator. The 25% match included the contribution of 4.17 acres of land valued at $125.000 (located at the SE corner of Beloit Ave. and Venture Dr.) and $275,000 in funding from TIF 22. Since that time, the project has moved forward with the hiring of MSA Professional Services as the architects and staff further refining the project from a site development perspective. Recently, two significant new cost factors were identified: (1) the construction costs for this facility were projected to be significantly higher than estimated in the original application and (2) the proposed site had some issues which increased site development cost. The cost estimate for the project has increased from $1.6 million to $2.262 million.To reduce the cost impact the size of the building was reduced from 24,000 s.f., to 22,000 s.f. by removing one of the manufacturing bays. This saved approximately $100,000 and is permitted by the EDA. The EDA will not increase their $1.2 million in grant funding for this project and therefore the funding contribution from the City is estimated to increase from a $400,000 contribution to $962,000 ($837,000 in cash and $125,000 in land). This would be a cash increase of $562,000. Instead of having a 25% match in this project the City would now be contributing 44%. These funds would be taken from TIF 22. On June 23, 2011, Eric Levitt and I met with the EDA in Chicago to discuss this increased funding need and other options. The results were as follows:  The grant program used to fund the incubator was limited in term and has since expired. Therefore the EDA would not consider any additional grant funding.  Withdrawing the application would not have any negative effect on future grant applications; however, the City has incurred costs from MSA of approximately $17,000 in A/E fees and approximately $10,790.00 in application development costs.  EDA pointed out that the funds used for Janesville Innovation Center grant were unique in that they only required a 25% match. Traditional and current funding programs require a 50% local match. This means that if the City wanted to withdraw the current application and submit a new application for a $2.2 million project, the maximum grant funding we could receive is $1.1 million with a local match of $1.1 million. Even with the unanticipated cost increases, the City’s contribution with the current grant in is $962,000, or 44% of the project TIF 22 currently has a negative balance, but cash flow is sufficient so that the district will go positive in year 2017 (19th of 23 year life). The district is projected to have a positive cash balance of $3,634,530 in 2021, the last year of its legal existence. Assistant City Manager’s Recommendation: I concur with the recommendation of the Economic Development Director. Even though the additional funding request is significant, if we were to reapply with a revised budget of $2.2 million (the current project estimate) our local share would be 50%, or $1.1 million. This is approximately $150,000 more that the local share with the increase in requested funding. Economic Development Director’s Recommendation: I recommend that the City Council approve the additional funding of $562,000 for the following reasons:  As noted above, this one-time funding grant had a much lower local match (25%) than their normal funding programs (50%).  City staff has re-engineered the site plan and modified the building so that additional site costs total $75,000 due to poor soils outlined in a recent geotechnical report.  In the application, the City committed to creating 45 new jobs in nine years from award approval. According to our discussion with the EDA, failure to do so while showing good intent is not likely to result in a financial penalty to the City.  Due to the poor soil conditions, it is unlikely that the current site is saleable for future development.  TIF 22 has sufficient cash flow to support the additional investment. Background The Janesville City Council initially provided authorization for staff to apply for an incubator grant in Sept. 2009. The grant application was written by Doug Venable (former Janesville Economic Development Director) with assistance from the Northwest Regional Planning Commission (NWRPC) located in Spooner, WI. The completed application was sent to EDA on January 26, 2010 which included preliminary construction budgets and related quantitative data. The City was contacted in early July 2010 by the EDA who indicated that the application was being considered for funding. However, a significant level of information would be needed for the application to be complete. This was expected within a very short time frame. The funding source was to the Community Trade Adjustment Assistance program which was part of American Recovery and Reinvestment Act of 2009. A critical provision here was that the preliminary construction and related budgets submitted in the initial application could not be changed. The EDA was asked several times if the budgets could be updated and each time this request was denied. Due to the short time frame given to the City to complete the application (approximately 12 working days), assistance was requested from the NWRPC and their partner, Halverson Engineering in Black River Falls to provide construction related costs to support the existing overall budget. The expertise was based on their experience of running about 9 incubators in northwest Wisconsin. NWRPC provided a basic building template that they felt was the most efficient way to construct an incubator as well as preliminary operating budgets and a very basic site plan. The EDA grant was awarded to the City of Janesville in September 2010. Under the terms of the grant, the City must begin construction within two years which in this case would be August 2012. Pending Council approval, the project would still begin construction in spring 2012. cc: Eric Levitt Jacob Winzenz Community Development Department Memorandum Date: July 15, 2011 TO: Janesville City Council FROM: Gale Price, Building & Development Services Manager SUBJECT: Introduce and schedule a public hearing on a proposed ordinance amending Chapter 14 (Signs) of the Code of General Ordinances of the City of Janesville to allow electronic message signs within Sign District E under specific situations and if approved by the Plan Commission through a conditional sign permit (File Ordinance No. 2011-494). _____________________________________________________________________ The Community Development Department has drafted an amendment to the Sign Ordinance which is Chapter 14 of the Code of General Ordinances to allow electronic message signs within Sign District E when the sign is at least 500 feet from a residential use as measured perpendicular to the sign face, in each direction. Currently the Code does not permit electronic message signs within Sign District E. Properties not located on a state highway and that are not zoned for business comprise lots within this sign district. Generally this amendment would allow electronic message signs in a very limited number of locations. Churches which are many of the properties within Sign District E that utilize business type signage are permitted to have electronic message signs since they are protected as a part of their ministry pursuant to Federal Law. Specifically the amendment would allow places like Traxler Park, Rotary Gardens, Dawson Field and the Youth Sports Facility to have electronic message signs to advertise upcoming activities and events. The Community Development Department recommends that following the first reading of Ordinance No. 2011-494, it be referred to the Plan Commission for review and recommendation and scheduled for public hearing on September 12, 2011. cc: Eric Levitt Jay Winzenz ORDINANCE NO. 2011-494 An ordinance amending the City’s Sign Code to allow electronic message signs within Sign District E under specific situations and if approved by the Plan Commission through a conditional sign permit as set forth in JGO Chapter 14, with penalties for violations thereof as set forth as applicable in JGO 14.48.050. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Section 14.20.120 of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: “14.20.120 Electronic Message Signs, On Premises . A . No illuminated flashing signs shall be permitted. Flashing signs are those which change their appearance more than once every four seconds. Chasing lights shall not be permitted. B . Electronic message signs may be allowed in Sign Districts A, B, C and D upon the review and approval of a conditional sign permit by the Plan Commission as provided in Section 14.48.015 of this chapter. Electronic Message signs located on premise may be allowed in Sign District E only if the sign is located at least 500 feet from a residential use as measured perpendicular to the sign face in each direction (if a double faced sign), and upon approval of a conditional sign permit by the Plan Commission. The Plan Commission, in its review, shall consider the following: (1) Such signs shall comprise no more than 30% of the face of the ground sign area. (2) No sign shall interfere with the visibility of any traffic signal. (3) No such sign shall be illuminated to a degree or brightness that is greater than necessary for adequate visibility. Signs found to be too bright shall be adjusted in accordance with the instructions of the City. (4) No such signs shall be higher than 20 feet above the curb elevation in sign District C or D, no higher than 25 feet above the curb elevation for Sign District B and no higher than 40 feet above the curb elevation in Sign District A. (5) Routine messages shall not repeat in intervals of less than 4 seconds nor last longer than 10 seconds. Single phrase messages may last longer than 10 seconds. (6) No traveling message signs shall be permitted. (7 ) The Plan Commission must find that the character of the sign is compatible with the general area, and that limited visual impacts will occur to nearby residential areas prior to approving such signs. C . Time and temperature signs are allowed in all sign districts without approval of a conditional sign permit subject to compliance with criteria (1)-(5) listed in Section 14.20.120B. D. Illuminated price or rate panels for hotel/motel and motor fuel which change no more than once daily are allowed in all sign districts without approval of a conditional sign permit subject to compliance with criteria (1)-(3) in Section 14.20.120B. E. Rotating signs shall be limited to a maximum of eight revolutions per minute and shall not flash or have traveling bulb effects. F . Multiple message signs or tri-vision signs whose message are on triangular louvered facings and are changed by electronic rotation of the louvers are permitted for off- premise signs provided that the time the message remains in a fixed position shall be six seconds or more. 1 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 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 2