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Full Agenda Packet CITY OF JANESVILLE CITY COUNCIL MEETING AGENDA MONDAY, October 10, 2011 7:00 P.M. 1. Call to Order and Pledge of Allegiance. 2. Roll Call. 3. Regular City Council meeting minutes of September 26, 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 Patrick A. Kilbane’s service to the City of Janesville. (File Res. No. 2011-831) 6. Action on a proposed resolution recognizing the firefighters and paramedics of the Janesville Fire Department. (File Res. No. 2011-838) 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 2006 North County Trunk E. (File Ord. No. 2011-495) 3. Second reading, public hearing and action on a proposed ordinance zoning property located at 2006 North County Trunk E to B2 upon annexation, and rezoning of other adjoining property to B2. (File Ord. No. 2011-496) 4. Second reading, public hearing and action on a proposed ordinance amending the list of streets required to yield to other designated streets to include Woodman Road to yield to Mayfair Drive and Hoover Street to yield to Hawthorne Avenue. (File Ord. No. 2011-499) ----------------------- “C” – This designation indicates an item that the City Council will take up under a Consent Agenda. City Council Agenda – October 10, 2011 Page 2 5. Discussion 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) NEW BUSINESS 1. Action on proposed preliminary resolution for Public Works Bid Schedule “F”-2011 (Contract 2011-22: Milton Avenue and McCormick Drive water and sewer system improvements) and schedule a public hearing for the final resolution. (File Res. No. 2011-837) 2. Action on a proposed resolution authorizing a jurisdictional transfer agreement between the City of Janesville and State of Wisconsin regarding a connecting highway extension of Highway 26. (File Res. No. 2011-839) 3. Action on a proposed resolution authorizing the issuance of $11,925,000 in Promissory Notes for financing various public purposes. (File Res. No. 2011-841) 4. Action on City Manager recommended citizen committee appointments to the Citizens Board of Review. 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 potential industrial site TIF #32 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 SEPTEMBER 26, 2011 VOL. 62 NO. 15 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on September 26, 2011. The meeting was called to order by Council President Brunner at 7:00 PM. Present: Council President Brunner, Councilmembers Dongarra-Adams, Liebert, McDonald, Steeber and Voskuil. Absent: Councilmember Rashkin. CONSENT AGENDA Regular City Council meeting minutes of 9/12/11. Licenses; and Recommendations of the Alcohol License Advisory Committee. (Refer to separate agenda.) Action on a motion to approve final Certified Survey Map 11008-C, Mercy Health System, 1 lot along Deerfield Drive. Action on a financial gain request from Kandu Industries, Inc. to conduct a “Treasure Quest” fundraising event on October 15, 2011 in Traxler Park. Financial statement for the month of August, 2011. Council President Brunner stated that all items on the consent agenda would be approved if there were no objections. There were none. Presentation of WILEAG Accreditation Award to Janesville Police Department. Stan Stojkovic, WILEAG Board Member, presented the WILEAG accreditation to Police Chief Moore. No Council action taken. OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. Roger Cather, 627 Rockport Rd., asked the Council to allow him to live in the home on Rockport Rd. for 6 months before making him leave under foreclosure (NB #4). Burdette Erikson, 115 S. High St., spoke in favor of purchasing tax foreclosed properties (NB #4). Andreah Briarmoon, 339 S. Locust St., spoke against contract 2011-20, Monterey Dam (NB #3) and asked the Council to sell tax foreclosures back to the property owners (NB #4). 2. Second reading, public hearing and action on a proposed ordinance annexing property located at 2006 North County Trunk E. Council President Brunner continued this item until October 10, 2011 without the second reading and public hearing. (File Ord. No. 2011-495) 3. Second reading, public hearing and action on a proposed ordinance zoning property located at 2006 North County Trunk E to B2 upon annexation. Council President Brunner continued this item until October 10, 2011 without the second reading and public hearing. (File Ord. No. 2011-496) NEW BUSINESS 1. Informational presentation on the design plans for the 9/11 Memorial improvement at Firehouse Park. Duane Cherek, Manager of Planning Services, presented design plans for a 9/11 Memorial at Firehouse Park. No Council action taken. 2. Public hearing and action on a proposed resolution authorizing the 2012 Sidewalk Program. Andreah Briarmoon, 339 S Locust St, Monica Parr, 752 Chelsea Pl., Bruce Mulder and Meryle Mueske, representing Christ Presbyterian Church, Adam Jersild, 753 Chelsea Pl., Dan Warden, 3424 Woodhall Dr., Don Hanson, 4 S. Wright Rd., Roger Swenson, 818 Suffolk Dr., Lee Casper, 3437 Woodhall Dr., Amanda Galaviz, 613 Greendale Dr., Lois Carlson, 1005 N. Wuthering Hills Dr., Douglas Marklien, 3919 Dorchester Dr., Sue Dahl, 1712 Cottonwood Dr., Josie Halford, 4163 Eastridge Dr., Patti Schultz, 919 Suffolk Dr., Kowlure Ott, 3729 Skyview Dr., Dan Woodman, 4005 Wilshire Ln., Jim Fowler, 4015 Wilshire Ln., Greg Becker, 821 Suffolk Dr., Ron DeWitt, 706 Sussex Dr., David Fischer, 3743 Skyview Dr., Helen Kummer, 3521 Woodhall Dr., Jack Hendricks, 723 N. Wuthering Hills Dr., and Therese Bobzien, 3911 Wilshire Ln. all spoke against the 2012 Sidewalk Program. The public hearing was closed. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Voskuil. Councilmember McDonald moved to postpone action on the resolution until October 10, 2011, seconded by Councilmember Liebert and passed unanimously. (File Res. No. 2011-834) 3. Award of Contracts 2011-17 (sanitary sewer lateral lining), 2011-18 (variable frequency drive upgrades), 2011-19 (sanitary sewer repair), and 2011-20 (Monterey Dam earthen embankment) for Public Works Bid Schedule “E” – 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 2011-17 McCann’s Underground $205,150.00 2011-18 L.W. Allen Inc. $469,100.00 2011-19 Bjoin Limestone, Inc. $102,963.20 2011-20 Speedway Sand & Gravel Inc. $196,800.00 The motion was seconded by Councilmember Dongarra-Adams and passed unanimously. 4. Action on a proposed resolution authorizing the City Manager to acquire tax foreclosed properties located at 324 W. Racine St., 320 Cherry St., 459 S. Ringold St., 627 Rockport Rd., and 266 Riverside Dr. Councilmember McDonald moved to adopt said resolution, seconded by Councilmember Steeber and passed unanimously. (File Res. No. 2011-835) 5. A proposed ordinance amending the list of streets required to yield to other designated streets to include Woodman Rd. to yield to Mayfair Dr. and Hoover St. to yield to Hawthorne Ave. was introduced and scheduled for a public hearing on October 10, 2011. (File Ord. No. 2011-499) 6. Requests and comments from the public on matters which can be affected by Council action. Andreah Briarmoon, 339 S. Locust St., requested the Council: to leave railroad track in place when it is purchased for a bike path; and to form a citizen’s committee to provide input on any change to, or creation of, an ordinance. 7. Matters not on the agenda. City Manager Levitt indicated the proposed budget will be distributed to Council on October 10, 2011. Councilmember Voskuil stated the Big Give is on October 8, 2011 and asked all Councilmembers to participate. 8. Councilmember Steeber moved to convene into closed session, pursuant to Wisconsin Statute Section 19.85(1)(e), for the purpose of deliberating and setting the 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 motion was seconded by Councilmember Liebert and passed unanimously. There being no further business, Council convened into closed session at 9:53 p.m. These minutes are not official until approved by the City Council. David T. Godek City Deputy Clerk-Treasurer JANESVILLE CITY COUNCIL LICENSE AGENDA 10/10/2011 RECOMMENDED A. ELECTRICIANS–ORIGINAL Jeffrey W. Cirves 5117 Verona Rd., Madison, WI John E. Meinholz 5684 Enchanted Valley Rd., Cross Plains, WI Eric C. Williams P.O. BOX 328, Spring Grove, IL B. AMUSEMENT CENTER–ORIGINAL Adria Properties, LLC d/b/a Lunatic Reds Bar 120 W. Delavan Dr. C. AMUSEMENT DEVICE–ORIGINAL Francesco Romano d/b/a Romano’s Pizzeria 1009 N. Washington St. Adria Properties, LLC d/b/a Lunatic Reds Bar 120 W. Delavan Dr. D. SECONDHAND ARTICLE DEALER–ORIGINAL Best Buy Stores, LP #892 2850 Deerfield Dr. E. ORIGINAL CLASS A INTOXICATING LIQUOR AND FERMENTED MALT BEVERAGE LICENSE AJ Blue Properties LTD d/b/a Badger Spirits 1507 Center Ave. Alice J. Blue F. ORIGINAL CLASS B INTOXICATING LIQUOR AND FERMENTED MALT BEVERAGE ANNEXATION INCLUDING OUTDOOR SEATING The Gnarly Guy LLC d/b/a Wedges Bruce E. Monson 2006 N. Washington St. HUMAN RESOURCES DIVISION MEMORANDUM September 28, 2011 TO: City Council FROM: Susan Musick, Human Resources Director SUBJECT: Retirement Recognition Patrick A. Kilbane Executive Summary At the City Council meeting of October 10, 2011, the following retirement commendation will be considered under the consent agenda: 1. Patrick A. Kilbane for thirty-three years of service with the City of Janesville (File Resolution Number 2011-831).  Patrick will be attending the October 10, 2011, Council meeting.  Patrick began working for the City of Janesville on April 3, 1978, as a Firefighter/Paramedic with the Janesville Fire Department, and is retiring as a Fire Lieutenant.  Patrick has also held the position of Driver-Operator, and was a charter member of the department Dive-Rescue Team for twenty-two years. He was also the President of Janesville Firefighters Local 580 for ten years.  Patrick’s retirement date was September 8, 2011. Recommendation Staff recommends adoption of File Resolution 2011-831. 1 RESOLUTION NO. 2011-831 Whereas, Patrick A. Kilbane is retiring from City of Janesville employment after having diligently served the people of the City of Janesville and the community for thirty-three years; retiring as a Lieutenant with the City of Janesville Fire Department; and Whereas, during Patrick A. Kilbane’s employment with the City of Janesville, he served as a Firefighter, Driver-Operator, Paramedic for 28 years, Lieutenant for 13 years; and was a charter member of the department Dive-Rescue Team, serving 22 years; and Whereas, Patrick A. Kilbane has received local, state, and national recognition for his work in Labor-Management relations, serving as the President of Janesville Firefighters Local 580 for ten years, serving on the board of the Professional Firefighters of Wisconsin for three years, and representing the International Association of Firefighters as District Field Representative for eleven years; and Whereas, during Patrick A. Kilbane’s employment with the City of Janesville, he received numerous commendations, including Paramedic of the Year; providing exemplary professional service and demonstrating conscientious devotion and passion for the occupation that he chose as his profession; 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 Patrick A. Kilbane for his thirty-three years of loyal public service. th Dated this 10 day of October, 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 September 15, 2011 TO: City Council FROM: Jim Jensen, Fire Chief SUBJECT: Action on a proposed resolution recognizing the Firefighters and Paramedics of the Janesville Fire Department (File Resolution No. 2011-838) Council President George Brunner and Council Vice President Russ Steeber have requested that the City Council recognize the service and dedication of Janesville Firefighters and Paramedics as part of Fire Prevention Month. October has been designated as Fire Prevention Month and makes this time of year appropriate for such recognition. In October, citizens are encouraged to recognize the sacrifices and contributions of our Firefighters and Paramedics and to honor these men and women for their dedication to duty. The City of Janesville Fire Department has 94 authorized personnel. To honor these men and women, Resolution 2011-838 states the City Council’s intent to encourage all citizens to show their appreciation for the commitment to service of Janesville’s Firefighters and Paramedics. Captain Matt Simpson, President of Firefighters Local 580, will be in attendance along with other representatives of the Fire Department at the City Council meeting on October 10 to accept this recognition on behalf of all Janesville Firefighters and Paramedics. cc: Eric J. Levitt, City Manager Jay Winzenz, Director of Administrative Services/Assistant City Manager RESOLUTION NO. 2011-838 A Resolution recognizing the Firefighters and Paramedics of the Janesville Fire Department (File Resolution No. 2011-838) WHEREAS, October is recognized as Fire Prevention Month, a time when Firefighters and Paramedics make a concerted effort to reach out to the community to teach fire safety; and WHEREAS, we routinely witness their heroic efforts by putting themselves in harm’s way as our guardians of life and property; and WHEREAS , it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their Firefighters and Paramedics, as those members of the Fire Departments recognize their duty to serve the people of their community; and WHEREAS , the Janesville City Council desires to honor the valor, service, and dedication of the Firefighters and Paramedics that serve the City of Janesville. NOW, THEREFORE, LET IT BE RESOLVED By the Common Council of the City of th Janesville , on the 10 day of October, 2011, that the month of October is to be observed as Fire Prevention Month; and BE IT FURTHER RESOLVED by the Common Council that all Janesville citizens are called upon to especially honor and show our appreciation for the Firefighters and Paramedics of the City of Janesville by deed, remark and attitude in honor of these men and women who work to protect their fellow citizens and community. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Dongarra- Eric J. Levitt, City Manager Adams Liebert ATTEST: McDonald Rashkin Steeber Jean Ann Wulf, City Clerk-Treasurer Voskuil APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Council President Brunner and Council Vice President Steeber Prepared by: Fire Department Community Development Department Memorandum TO: Janesville City Council FROM: Brad Schmidt, AICP, Associate Planner DATE: October 10, 2011 SUBJECT: Second reading, public hearing and action on a proposed ordinance annexing property located at 2006 North County Trunk E (File Ordinance No. 2011-495); and Second reading, public hearing and action on a proposed ordinance zoning property located at 2006 North County Trunk E to B2 upon annexation, and rezoning of other adjoining property to B2 (File Ordinance No. 2011-496). SUMMARY Bruce & Lynn Monson have submitted a valid unanimous petition to annex property they own at 2006 North County Trunk E in Janesville Township. The property contains a bar/restaurant (Wedges) that has experienced a failed septic system. The property is contiguous with the City limits and can be served with municipal sewer and water. In order to connect to these utility services, annexation is required. Coincident with the annexation ordinance, the Community Development Department has prepared an ordinance to zone the property to B2, Community Shopping District. In addition to the request for B2 zoning of property within the annexation area, the applicants are requesting that a small contiguous parcel of land under their ownership be rezoned from its current Conservancy and Parking Overlay zoning to the B2 District (see location map). 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. 2011-495 and 2011-495 annexing and zoning to B2 property located at 2006 North County Trunk E and rezoning an adjoining parcel to B2. Approval of the annexation requires a 2/3 vote of the Council, therefore five favorable votes are necessary. CITY MANAGER’S RECOMMENDATION The City Manager concurs with the Plan Commission recommendation. SUGGESTION MOTION A motion to adopt Ordinance Nos. 2011-495 and 2011-496 annexing and zoning to B2 property located at 2006 North County Trunk E and rezoning an adjoining parcel to B2. ANALYSIS A. The site is contiguous to the City limits along the north and south property lines. A mix of land use and zoning exists in the area surrounding the site. Property to the east and south includes Riverside Park and golf course which is zoned Conservancy. Property to the north contains the Elks Lodge which is zoned O1, Office. Properties west of the subject property are located in the Town of Janesville and include single-family residential properties. B. The subject site is includes an existing building and parking lot improvements for Wedges bar and restaurant situated on a 0.61 acre parcel. The site has recently experienced a failed septic system. Sewer service can be provided to the subject property through a connection to a force main that can be extended along the east perimeter of the site to allow for a connection to the City’s public sewer system. Municipal water services are readily available to the site with mains located in the adjoining streets. C. Upon annexation, the applicants have requested and Staff supports zoning the subject property to B2, Community Shopping Center District. The property is currently zoned Commercial in the Town reflective of the existing business use of the property. The Future Land Use designation shown on the Comprehensive Plan identifies the site as appropriate for neighborhood commercial use. This designation is reflective of the long standing commercial use of the property and its relative isolation from other surrounding development. Therefore, application of the B2 District for this property is consistent with the future land designation in this area. D. In addition to the request to annex and zone the parcel containing Wedges, the applicants have also requested to rezone a small adjoining parcel of land under their ownership from Conservancy and Parking Overlay District to B2, Community Shopping District. This parcel is located within City limits and is used by the restaurant owners for parking. Rezoning this parcel to B2 will consolidate the commercial zoning of land which supports the existing business use of the property. PLAN COMMISSION MINUTES – 6 September 2011 Brad Schmidt, Associate Planner, presented the written staff report. Commissioner Marklein asked if the petitioner was aware of in-city licensing requirements and Mr. Monson confirmed that he was. He asked about the possibility of postponing action on the annexation until after the liquor license was approved by the City’s Alcohol License Advisory Committee. There was a motion by Commissioner Consigny with a second by Commissioner Siker to forward the zoning of property located at 2006 North County Trunk E to B2 upon annexation, and rezoning of other adjoining property to B2, to the City Council with a favorable recommendation. The motion carried on a 5-0-0 vote. FISCAL IMPACT The applicant has filed a petition to annex 0.61 acres of land located at 2006 North County Trunk E. The property under the applicant’s ownership has a total assessed value of approximately $200,000 (land value of $45,000 and improvement value of $155,000) according to Janesville Township. Based on the corresponding estimated assessed value of $200,000, annual City revenues generated from property taxes would equal approximately $1,500. Sanitary sewer service can be made available to serve this property through an extension of a force main north of Burns Avenue with the cost of that extension to be assessed to this property. Additionally, municipal water services are readily available to serve this site with mains located in the adjoining streets. Based on these considerations, annexation of the property and the provision of city services should result in a slight positive fiscal impact on the City. CC: Duane Cherek ORDINANCE NO. 2011-495 An ordinance annexing territory in Section 23 in T.3N., R.12E. of the 4th P.M., Town of Janesville, 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 no 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 SW 1/4 OF SECTION 23, T.3N., R.12E. OF THE 4 P.M., TOWN OF JANESVILLE, ROCK COUNTY, WISCONSIN. DESCRIBED AS FOLLOWS: Commencing at the West 1/4 Corner of said Section, thence S.88°22’30”E. along the East-West Centerline of said Section, 2241.24 feet to the Centerline of County Highway “E”; thence S.42°32’E. along said Centerline 321.18 feet to the most Southerly Corner of a Certified Survey Map recorded in Volume 1, Page 312, as Document No. 758901; thence N.47°48’E. along the SE Line of said Certified Survey Map, 33.00 feet to the place of beginning for the land to be herein described; thence N.47°28’E. continuing along said SE Line, 224.55 feet to the North-South Centerline of said Section; thence S.1°08’45”W. along said North-South Centerline 325.14 feet; thence N.42°32’W. 235.00 feet to the place of beginning. 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 Janesville 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 1 of the City of Janesville. SECTION IV. There are no residents in the area proposed for annexation. SECTION V. The annexation is within the Janesville School District. ORDINANCE NO. 2011-495 PAGE 2 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. 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. 2011-496 An ordinance changing and establishing the zoning classification of property located at and adjoining 2006 N. County Trunk E. 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 B2, Community Shopping District: TH PART OF THE SW 1/4 OF SECTION 23, T.3N., R.12E. OF THE 4 P.M., TOWN OF JANESVILLE, ROCK COUNTY, WISCONSIN. DESCRIBED AS FOLLOWS: Commencing at the West 1/4 Corner of said Section, thence S.88°22’30”E. along the East-West Centerline of said Section, 2241.24 feet to the Centerline of County Highway “E”; thence S.42°32’E. along said Centerline 321.18 feet to the most Southerly Corner of a Certified Survey Map recorded in Volume 1, Page 312, as Document No. 758901; thence N.47°48’E. along the SE Line of said Certified Survey Map, 33.00 feet to the place of beginning for the land to be herein described; thence N.47°28’E. continuing along said SE Line, 224.55 feet to the North-South Centerline of said Section; thence S.1°08’45”W. along said North-South Centerline 325.14 feet; thence N.42°32’W. 235.00 feet to the place of beginning. SECTION II. The zoning classification of the following described changed from Conservancy/Parking Overlay to B2, Community Shopping District. PART OF THE SW. ¼ OF THE NE.1/4 AND PART OF THE NW.1/4 OF THE SE.1/4 OF TH SECTION 23, T.3N., R.12E OF THE 4 P.M., CITY OF JANESVILLE, ROCK COUNTY, WISCONSIN. DESCRIBED AS FOLLOWS: Commencing at the west ¼ corner of said Section 23; thence o S.8822’30”E. along the east-west centerline of said Section, 2241.24 feet to the centerline of oo C.T.H. E ; thence S.4232’E. along said centerline, 524.15 feet; thence N.2122’25”E. 133.01 feet to an iron pin monument on the north-south centerline of said section (as monumented), o thence N.108’45”E. along said north-south centerline, 101.1 feet to an iron pin monument at o the place of beginning for the land to be herein described; thence continuing N.108’45”E. along said north-south centerline, 202.82 feet to an iron pipe monument on the southwesterly R.O.W. o (Right-Of-Way) line of the Chicago and Northwestern Railroad property; thence S.3311’45”E. along said southwesterly R.O.W. line, 151.32 feet to an iron pin monument; thence o S.4846’20”W. 115.55 feet to the place of beginning. SECTION III. 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. 2011-496 PAGE 2 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: Wald Klimczyk, City Attorney Proposed by: Community Development Department Prepared by: Community Development Department ENGINEERING DIVISION MEMORANDUM 30 September 2011 TO: City Council FROM: Mike Payne, Engineering Manager RECOMMENDATIONS OF THE TRANSPORTATION COMMITTEE SUBJECT: SECOND READING, PUBLIC HEARING AND ACTION ON A PROPOSED ORDINANCE REQUIRING:  WOODMAN ROAD TO YIELD TO MAYFAIR DRIVE  HOOVER STREET TO YIELD TO HAWTHORNE AVENUE (FILE ORDINANCE NO. 2011-499) At its regular meeting of August 24, 2011, the Transportation Committee recommended yield signs at the following two locations: 1.) Woodman Road traffic to yield to Mayfair Drive (3-0 vote). 2.) Hoover Street traffic to yield to Hawthorne Avenue (3-0 vote). The staff reports and draft meeting minutes related to these issues are attached. Signing changes for these two items are estimated to cost approximately $375. Funding is included in the 2011 Traffic Signing budget. Recommendation These changes require the adoption of attached Ordinance No. 2011-499, which was introduced at the September 26, 2011 Council Meeting. The Public Hearing and Council Action on the Ordinance is scheduled for the October 10, 2011 Council Meeting. City Manager Recommendation The City Manager concurs with the Transportation Committee recommendation. Suggested Motion I move to adopt File Ordinance No. 2011-499. KAC Attachments cc: Eric Levitt, City Manager Jacob J. Winzenz, Director of Administrative Services/Assistant City Manager Carl Weber, Director of Public Works/City Engineer CITY OF JANESVILLE ORDINANCE NO. 2011-499 An Ordinance amending the list of streets required to Yield to other designated streets with a penalty as provided in Section 10.04.020. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION 1. Section 10.18.030 of the Code of General Ordinances of the City of Janesville is hereby amended by adding the following: WWW. Woodman Road Yields to Mayfair Drive XXX. Hoover Street Yields to Hawthorne Avenue ADOPTED: MOTION BY: APPROVED: SECOND BY: COUNCILMEMBER AYE NAY PASS ABSENT Eric J. Levitt, City Manager BRUNNER ATTEST: McDONALD Jean Ann Wulf, City Clerk-Treasurer DONGARRA- ADAMS APPROVED AS TO FORM: RASHKIN Assistant City Attorney STEEBER Proposed by: Engineering Division LIEBERT Prepared by: Engineering Division VOSKUIL CITY MANAGER’S OFFICE MEMORANDUM September 30, 2011 TO: City Council FROM:Wald Klimczyk, City Attorney Becca Smith, Management Analyst Tim Wellnitz, Assistant City Attorney SUBJECT: Discussion 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 Ordinance 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. A second reading and public hearing on the proposed ordinance took place on August 22, 2011, but discussion and action was continued to provide additional time to see if Wisconsin administrative rules would be adopted that would provide additional guidance on this subject. There have not been any administrative rules that have been adopted relating to this new state law regarding the carrying of concealed weapons. Staff Recommendation Staff has no recommendation. Police Department Recommendation The Police Department recommends adoption of the ordinance. City Manager Recommendation After weighing the desire to prohibit weapons in municipal facilities with concerns regarding liability, the City Manager recommends approval of the Ordinance prohibiting concealed weapons in a municipal facility. 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 the property is not properly “signed” stating that firearms are prohibited. 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. 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. 2. There is an unknown potential that there could be additional duties or liability imposed upon the City for adopting the ordinance. 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 10/2011) 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 CITY ATTORNEY’S OFFICE MEMORANDUM August 5, 2011 TO: Eric Levitt, City Manager FROM: Tim Wellnitz, Assistant City Attorney SUBJECT: Additional Information Relating to Proposed Ordinance 11-493 Prohibiting the Possession of Firearms or Weapons Inside City Buildings or Structures This proposed ordinance was postponed at the July 25, 2011 City Council meeting until the August 22, 2011 meeting so that additional information could be looked at regarding the proposed ordinance and the potential effects of the new state law that will take effect November 1, 2011. I was asked to provide information relating to potential City liability for prohibiting firearms in City buildings, whether firearms would be prohibited in the Municipal Building because it is within 1000 feet of the Police Department, and whether the City’s insurance carrier, CVMIC, had any recommended language for the proposed ordinance. Potential City Liability for Prohibiting Firearms and Weapons In City Buildings i Wis. Stat. § 175.60 (21)(b) provides immunity to property owners for making the decision to not prohibit the carrying of a concealed weapon on their property. The statute does not provide immunity for property owners that make the decision to prohibit carrying concealed weapons on their property. There is not any case law on whether this creates a duty on the City to make sure that firearms or weapons are not allowed in City buildings where firearms or weapons are prohibited. There is a possibility that there is a duty that could be imposed upon the City. If this were done a Court would probably assign whatever they thought was reasonable care that the City should take based upon the particular case by case circumstances to prevent or avoid harm to others by people who might bring firearms or weapons into the building and harm someone under Wisconsin negligence law. Factors that would likely be considered include the balancing of cost, effort, and risk potential. Prohibition Regarding Weapons In the Police Department ii Wis. Stat. § 175.60(16)(a)(1) prohibits carrying weapons and firearms in any portion of a building that is a police station. Since the Police Department is in a separate building, the entire building encompasses the police station and it would be contrary to state law for someone to carry a weapon or firearm into the Police Department building other than law enforcement officers. There is not a requirement in the statutes that prohibits the carrying of weapons or firearms within a certain distance of the Police Department building. In order to prohibit the carrying of weapons or firearms in the Municipal Building under the proposed iiiiv ordinance and Wis. Stat. § 943.13 (1m) (c)(4) a sign, at least 5 inches by 7 inches, must be posted in a prominent place near all of the entrances so that the individual entering must be reasonably expected to see the sign. Potential Preferred Ordinance Language from CVMIC I contacted the City’s Insurance Claims Representative at Cities & Villages Mutual Insurance Company (CVMIC). CVMIC does not have any proposed or preferred language regarding such local ordinances. cc: Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services Wald Klimczyk, City Attorney i 175.60 License to carry a concealed weapon. IMMUNITY. (21) (b) A person that does not prohibit an individual from carrying a concealed weapon on property that the person owns or occupies is immune from any liability arising from its decision. ii 175.60 License to carry a concealed weapon. PROHIBITED ACTIVITY. (16) (a) Except as provided in par. (b), neither a licensee nor an out-of-state licensee may knowingly carry a concealed weapon, a weapon that is not concealed, or a firearm that is not a weapon in any of the following places: 1. Any portion of a building that is a police station, sheriff's office, state patrol station, or the office of a division of criminal investigation special agent of the department. iii 943.13(1m) Whoever does any of the following is subject to a Class B forfeiture: (c) 4. Enters or remains in any part of a building that is owned, occupied, or controlled by the state or any local governmental unit, excluding any building or portion of a building under s. 175.60 (16) (a), if the state or local governmental unit has notified the actor not to enter or remain in the building while carrying a firearm or with that type of firearm. This subdivision does not apply to a person who leases residential or business premises in the building or, if the firearm is in a vehicle driven or parked in the parking facility, to any part of the building used as a parking facility. iv (2) 943.13 (bm) 1. In this paragraph, "sign" means a sign that states a restriction imposed under subd. 2. that is at least 5 inches by 7 inches. (2) 943.13 2. am. For the purposes of sub. (1m) (c) 2., 4., and 5., an owner or occupant of a part of a nonresidential building, the state or a local governmental unit, or a university or a college has notified an individual not to enter or remain in a part of the building while carrying a firearm or with a particular type of firearm if the owner, occupant, state, local governmental unit, university, or college has posted a sign that is located in a prominent place near all of the entrances to the part of the building to which the restriction applies and any individual entering the building can be reasonably expected to see the sign. DEPARTMENT OF PUBLIC WORKS MEMORANDUM 30 September 2011 TO: City Council FROM: Mike Payne, Engineering Manager SUBJECT: ACTION ON A PROPOSED PRELIMINARY RESOLUTION FOR PUBLIC WORKS BID SCHEDULE “F”, CONTRACT 2011-22 AND SCHEDULE A PUBLIC HEARING FOR THE FINAL RESOLUTION (FILE RES. NO. 2011-837) ON OCTOBER 24, 2011 Summary: The City Council will consider attached Preliminary Resolution No. 2011-837 for an assessable project on Bid Schedule “F”-2011 at the October 12, 2011 meeting. The Resolution includes the construction of sanitary sewer, water main, and sewer and water laterals required prior to the Wisconsin Department of Transportation constructing roadway modifications as part of the STH 26 improvement project in 2012. In addition, there is one additional category included for assessment purposes only. By adopting this Preliminary Resolution, the City is declaring its intent to assess the abutting properties benefited by these improvements. Category I includes water and sewer and laterals. Category II includes water and sewer laterals only. Category III includes water and sewer and laterals (for assessment purposes only). City Manager’s Recommendation: The City Manager concurs with the Engineering Division recommendation. Engineering Division Recommendation: The Engineering Division recommends Preliminary Resolution No. 2011-837 be adopted and the Final Resolution and public hearing be set for Monday, October 24, 2011. Suggested Motion: I move to adopt Preliminary Resolution No. 2011-837 and set the Final Resolution and public hearing for Monday, October 24, 2011. Attachment - Resolution 2011-837 cc: Eric Levitt Jacob J Winzenz Carl Weber CITY OF JANESVILLE 10 OCTOBER 2011 PUBLIC WORKS BID SCHEDULE “F” – 2011, CONTRACT 2011-22 PAGE (1) OF (4) RESOLUTION NO. 2011-837 PRELIMINARY RESOLUTION PRELIMINARY RESOLUTION DECLARING INTENT TO EXERCISE SPECIAL ASSESSMENT POWERS UNDER SECTION 66.0703, WISCONSIN STATUTES AND REQUIRING INSTALLATION OF WATER, SEWER, AND GAS SERVICE PIPES AND PROVIDING FOR ASSESSMENT OF COSTS UNDER SECTION 66.0911, WISCONSIN STATUTES; RESOLVED, By the Common Council of the City of Janesville, Wisconsin. 1. The Common Council hereby declares its intention to exercise its power pursuant to S.66.0703 and S.66.0911, Laws of the State of Wisconsin, to levy special assessments on a reasonable basis upon property abutting the following described streets, pursuant to its police powers, by improvement of the said streets to further facilitate traffic flow and safety, and to assist in providing for the safety, health, and general welfare of the public, to-wit: I. SANITARTY SEWER, WATER MAIN, AND SEWER AND WATER SERVICE LATERALS All Property Fronting Upon Each Side Of From To Mc Cormick Drive Colt Drive CTH Y/John Paul Road CTH Y/John Paul Road Mc Cormick Drive Shilo Drive II. SEWER AND WATER SERVICE LATERALS All Property Fronting Upon Each Side Of From To Milton Avenue John Paul Road Mc Cormick Drive Mc Cormick Drive Milton Avenue Colt Drive III. SANITARY SEWER, WATER MAIN, AND SEWER AND WATER SERVICE LATERALS, FOR ASSESSMENT PURPOSES ONLY All Property Fronting Upon Each Side Of From To Northington Drive (East Side) 231’ North of E Rotamer Road 351’ Further North CITY OF JANESVILLE 10 OCTOBER 2011 PUBLIC WORKS BID SCHEDULE “F” – 2011, CONTRACT 2011-22 PAGE (2) OF (4) RESOLUTION NO. 2011-837 2. Said public improvements shall include the above listed improvements on the various listed streets to the grades established therefore by the City Council of the City of Janesville, Wisconsin, and recorded in the Office of the City Clerk whether previously established or established in the future. 3. The property against which the assessments are proposed shall be benefited by the improvements and said assessments shall be made upon a reasonable basis. 4. That the actual levy of the special assessment shall take place at the time of the adoption of the final public works resolution by the Common Council of the City of Janesville concerning these improvements. The property owner(s), if any property abutting and/or benefitting from this project is located in Rock Township, against whose property such special assessment shall be levied under and by this Resolution, shall have their payment obligation deferred, without interest accruing thereon, until such time as their specific property is annexed or connects to such improvement(s), in which event the special assessment shall be due and payable either in full or in five (5) annual installment payments, the latter with interest accruing thereon from the date of annexation or connection. This method of payment shall be approved and ratified by the Board of the Town of Rock in accord with Section 66.0707 of the Wisconsin Statutes, and such other applicable provisions of law and intergovernmental agreement(s), and shall act, once so ratified by the Rock Town Board, as a levied special assessment against such abutting and/or benefiting properties in the Town of Rock. This levy and special assessment payment provisions are in accord with the City of Janesville/Town of Rock Cooperative Boundary Plan, City of Janesville Common Council Special Assessment Policy No. 63, related pertinent provisions, and the Town of Rock/Janesville Highway 11 Bypass Agreement. The special assessment levy and payments shall be made by the abutting, benefiting and affected property owners in accord with the LaPrairie and Rock Township City of Janesville Highway 11 Bypass Agreement, as well as the Rock/Janesville Cooperative Boundary Plan. This provision applies only to the properties located in the Town of Rock. 5. Excluding the assessment for the installation of sewer and water service pipes (lateral) and the assessment against any parcel owned by an individual property owner may be: (a) paid in cash upon completion of the work; or (b) paid with the taxes the first year following completion of the work; or (c) at the election of the property owner, spread over a period of five (5) years with interest at six percent (6%) per annum on the unpaid balance. The first installment on the five-year plan shall include one-fifth of the principal with the interest for November and December on the unpaid portion and shall be so entered in the Tax Roll. Each of the subsequent installments shall be entered in each of the annual tax rolls thereafter until all are collected. Deferred payment on the aforementioned installments shall bear interest at six (6%) per annum. The assessments against any parcel for sewer and water service pipes shall constitute a lien against such parcel and must be paid in cash or with the taxes in the year following the completion of the work. CITY OF JANESVILLE 10 OCTOBER 2011 PUBLIC WORKS BID SCHEDULE “F” – 2011, CONTRACT 2011-22 PAGE (3) OF (4) RESOLUTION NO. 2011-837 The assessments, as outlined above, pertain only to said individual property owners. The assessments against all parcels of land owned by others, which include subdividers, land developers, speculative builders, or owners of several or more lots on the same street or in the same area will be billed upon completion of the work after which interest at six percent (6%) per annum will be charged from the last day of the month of the billing. The assessments for said other owners may be: (a) paid in cash upon completion of the work in the month of billing without interest; or (b) paid with the taxes the first year following the completion of the work, the amount to be entered in the Tax Roll shall include the unpaid principal with interest through the end of December in the year so entered; or, (c) at the election of the property owner and with the approval of the Committee of Public Works, spread over a period of five (5) years with interest at six percent (6%) per annum on the unpaid balance. The first installment on the five-year plan shall include one-fifth of the principal with interest through the end of December in the year so entered. Each of the subsequent installments shall be entered on each of the annual tax rolls thereafter until all are collected. Deferred payment on the aforementioned installments shall bear interest at six percent (6%) per annum. 6. The City Engineer is directed to prepare a report consisting of: a. Final plans and specifications for said improvements, b. An estimate of the entire cost of the proposed improvements, c. A schedule of the proposed assessments, and d. A statement showing that the property against which the assessments are proposed is benefited, the improvement constituting an exercise of police powers. Upon completing such report, the City Engineer is directed to file a copy thereof in the City Clerk's Office for public inspection. The City Engineer is also directed to advertise for bids to carry out such work of such improvements in accordance with the report. 7. Upon receiving the report of the City Engineer, the Clerk is directed to give notice of a Public hearing on such report as specified in S.66.0703(7)(a), Wisconsin Statutes. The hearing shall be held at the Council Chambers in the Municipal Building at a time set by the Clerk, in accordance with S.66.0703(7)(a), Wisconsin Statutes. 8. The City has determined to undertake the capital improvements described in paragraph 1 above (the "Projects"). The City anticipates that moneys, other than the proceeds of any outstanding debt of the City, will be expended by the City with respect to such capital improvements. The City reasonably expects to be reimbursed for such expenditures with proceeds of its debt. The maximum principal amount of debt expected to be issued for the reimbursement of such expenditures is $5,000,000. No funds from sources other than the debt referred to above are, or are expected to be, reserved, allocated on a long-term basis, or otherwise set aside by the City or any entity controlled by CITY OF JANESVILLE 10 OCTOBER 2011 PUBLIC WORKS BID SCHEDULE “F” – 2011, CONTRACT 2011-22 PAGE (4) OF (4) RESOLUTION NO. 2011-837 the City pursuant to its budget or financial policies with respect to the Projects. This is consistent with the budgetary and financial circumstances of the City. Copies of this resolution shall be made available for public inspection in the manner required by law. This Resolution is a declaration of official intent under Treasury Regulation Section 1.150-2. ADOPTED: MOTION BY: APPROVED: SECOND BY: COUNCILMEMBER AYE NAY PASS ABSENT Eric Levitt, City Manager BRUNNER ATTEST: DONGARRA-ADAMS LIEBERT Jean Ann Wulf, City Clerk-Treasurer McDONALD APPROVED AS TO FORM: RASHKIN STEEBER Assistant City Attorney VOSKUIL Proposed by: ENGINEERING DIVISION Prepared by: ENGINEERING DIVISION PUBLIC WORKS DEPARTMENT MEMORANDUM October 10, 2011 TO: City Council FROM: Carl J. Weber P.E., Director of Public Works SUBJECT: Action on a proposed Resolution authorizing a Jurisdictional Transfer Agreement, between the City of Janesville and State of Wisconsin regarding a connecting highway extension of WIS 26, City of Janesville, Rock County. (File Res. 2011-839) Staff Recommendation Staff recommends that the City Council adopt Resolution No. 2011-839 extending the Connecting Highway Jurisdiction on Milton Avenue (STH 26) from Kettering Street to McCormick Drive. City Manager’s Recommendation The City Manager concurs with the Director of Public Works’ recommendation. Suggested Motion I move to adopt Resolution No. 2011-839 Request Staff requests that the City Council authorize the City Manager to execute a jurisdictional transfer agreement with the Wisconsin Department of Transportation transferring connecting highway responsibility for Highway 26 from the current limit at Kettering Street northerly to McCormick Drive. Background Over the past several years, City staff, in the process of working w/ DOT staff to plan the improvements of STH 26 from Janesville to Watertown, discussed accepting routine maintenance on STH 26 (Milton Ave) from Kettering Rd to McCormick Drive. This was done in return for certain considerations most prominent of which was to have the State develop an at grade traffic controlled intersection at McCormick Drive. Under Wisconsin’s Connecting Highway Program, local municipalities assume responsibility for general maintenance of portions of State Highways including activities such as snow and ice control, patching, joint sealing, street lighting, sign and marking maintenance and traffic signal operation. The DOT provides funds to assist in associated costs. The City of Janesville currently maintains 10 miles of connecting highways within the City. The proposed transfer would add an additional 1 mile to that responsibility. The City expects to receive approximately STH 26 1 \\petey\COJHome\Agenda Review\Approved Agenda Items\2011\10-10-2011\ Jurisdictional Transfer - Memo.docx $300,000 in connecting highway payments in 2012. The added mile would generate an additional $36,000 annually beginning in 2013. Analysis City staff has worked closely with the DOT over several years on the planning of the Highway 26 expressway improvements. Significant attention was paid to the development plans for the area near the intersection of the highway and McCormick Drive. Staff determined that the area would be best served with an at grade intersection controlled by traffic signals. The DOT is willing to develop the project plans to accommodate the City’s wishes provided the City accepts the responsibility of maintenance of the intersection through the connecting highway program. As the City has had several years of experience working under the connecting highway program on Highways 26, 14 and 51, staff believes the additional responsibilities can be absorbed with existing staff and equipment. cc: Eric Levitt, City Manager Jacob J. Winzenz, Assistant City Manager/Dir. of Administrative Services STH 26 2 \\petey\COJHome\Agenda Review\Approved Agenda Items\2011\10-10-2011\ Jurisdictional Transfer - Memo.docx 21 September 2011 Page 1 of 2 CITY OF JANESVILLE RESOLUTION NO. 2011-839 A Resolution authorizing the Jurisdictional Transfer Agreement between the City of Janesville and State of Wisconsin connecting highway extension of WIS 26, City of Janesville, Rock County. WHEREAS , the functional/jurisdictional relationships of present State and Local Highway Systems have been cooperatively reviewed by the City of Janesville and the State; and WHEREAS , the State and the City of Janesville have cooperated in developing this jurisdictional change; and WHEREAS , the Wisconsin Department of Transportation, under s. 84.02(3), may enter into jurisdictional transfer agreements with local units of government, thereby facilitating such alterations in the jurisdictional highway system; and WHEREAS, the Common Council find that the proposed Jurisdictional Transfer Agreement in the best interest and of benefit to the community, the City, its taxpayers, travelers, and property owners NOW, THEREFORE, BE IT RESOLVED , that the Common Council of the City of Janesville hereby approve the following segments of highway added to the City connecting limits mileage: 1) Milton Avenue (WIS 26), beginning at the intersection with Kettering Street and extending easterly to 0.2 of a mile east of the McCormick Drive intersection. This section of roadway is 1.09 miles in length. NOW, THEREFORE, IT IS FURTHER RESOLVED , that the City of Janesville Common Council authorize the City Manager to execute the Jurisdictional Transfer Agreement with the State of Wisconsin Department of Transportation. The State will: 1. Provide a set of as-built plans to the City. 2. Retain all roadway right-of-way along existing WIS 26. 3. Retain all access and permitting control along existing WIS 26. 4. Pay all design/construction costs associated with State Project ID 1390-04-86 for improvements of this corridor, except those costs approved by the City in a Municipal project agreement signed by the Assistant City Manager signed on 11/10/2010. 21 September 2011 Page 2 of 2 CITY OF JANESVILLE RESOLUTION NO. 2011-839 5. Correct any significant pavement defects within the section as part of the State Project ID 1390-04-86. City and State staff shall cooperatively inspect the roadway and agree on which repairs, if any, are needed. The City shall: 1. Accept connecting highway and maintenance responsibility for the new connecting highway limits as described above. General maintenance activities include the application of protective coatings, the removal and control of snow, the removal, treatment and sanding of ice, interim repair of highway surfaces and adjacent structures, and all other operations, activities and processes required on a continuing basis for the preservation of the highway. Maintenance activities also include the installation, replacement, rehabilitation, or maintenance of highway signs, traffic signal controls, highway lighting, pavement markings, and intelligent transportation systems as determined by the City. ADOPTED: MOTION BY: APPROVED: SECOND BY: COUNCILMEMBER AYE NAY PASS ABSENT Eric Levitt, City Manager BRUNNER DONGARRA-ADAMS ATTEST: LIEBERT Jean Ann Wulf, City Clerk-Treasurer McDONALD RASHKIN APPROVED AS TO FORM: STEEBER City Attorney, Wald Klimczyk VOSKUIL Proposed by: PUBLIC WORKS DIRECTOR Prepared by: PUBLIC WORKS DIRECTOR FINANCE ADMINISTRATION MEMORANDUM October 10, 20011 TO: City Council FROM: Jacob J. Winzenz, Dir. of Admin. Services/Assistant City Manager SUBJECT: Action on a Proposed Resolution Authorizing the Issuance of $11,925,000 in Promissory Notes for Financing Various Public Purposes (File Res. 2011- 841) Summary Attached is proposed Resolution 2011-841which authorizes the Administration to issue promissory notes in the amount of $11,925,000. Of this amount, $5,870,000 is General Fund debt and corresponds to the funding included in the 2011 Debt Fund – Major Capital Projects budget. Wisconsin State Statutes govern the issuance of general obligation debt and specifically identify those items for which debt may be incurred. We have structured the resolution so that the individual projects would be grouped into those categories specifically referenced by State Statutes. Please reference the attached Summary Schedule (Exhibit I), which indicates in greater detail the individual projects referenced by the resolution and compares the funding requested with the amount identified in the 2011 Capital Projects Budget. Also attached is a summary schedule of projects submitted for inclusion in the proposed note issue but which are not recommended for funding at this time (Exhibit II). Finally, a report is included which describes the scope of the individual projects (Exhibit III). City Manager’s Recommendation The City Manager recommends approval of the Promissory Notes for the 2011 Note Issue. Our strategy is consistent with the philosophy that I have continually discussed with Council and that is that any borrowed funds should reasonably be expected to be expended within 18 to 24 months. It is my professional opinion this provides the City and its citizens the best value on projects. One project that I want to highlight is the skateboard park. I believe that the City can build the first phase of a skateboard park for approximately $120,000. If this can be accomplished we are between $30,000 and $40,000 from being able to build it after the use of the $50,000 the City Council has committed in the past and the money raised by the Skateboard Park citizen committee. Background The base for the 2011 Note Issue was the Major Capital Projects budget included as part of the City’s 2011 Annual Budget. The 2011 Major Capital Projects budget anticipated total capital needs of $17,311,840. Of this amount, it was anticipated that General Fund portion would be $8,801.840, or 51%. The 2011 Capital Projects Budget contained eighteen (18) projects for the 2011 note issue that have not been included in the proposed note authorization resolution: DESCRIPTION AMOUNT Street Extensions $ 200,000 30,000 Palmer Tennis Court Reconstruction (Courts 7-9) 500,000 Property Acquisitions Property Demolition/Restoration – S. Jackson St. 50,000 Parking Lot Construction (Parker Dr. & Courts St.) 75,000 Transit Services Center Construction (year 5) 375,000 ERP Phase V (fixed assets, workorders) 300,000 GIS Enhancements 100,000 20,840 Transit Capital Projects Hydroturbine 100,000 Photovoltaic Solar Array 150,000 Storm Sewers – Sewer Enhancements 225,000 180,000 Storm Sewers – Sewer Repairs Storm Sewers – Manhole Rehabilitation/Replacement 200,000 Storm Sewers – Channels/Ponds 250,000 Water Mains – Transmission Mains 105,000 Sewer Mains – Collection System Reinforcements 300,000 Sewer Mains – Interceptor Extensions 200,000 TOTAL $3,360,840  Street Extensions has been delayed due to the downturn in development  Palmer Tennis Court Reconstruction deferred until 2012  Property Acquisitions – Additional funding deferred until 2012.  Property Demolition/Restoration (S. Jackson St.) has been combined with Skateboard Park.  Parking Lot Construction (Parker Dr. & Court Streets) – deferred indefinitely.  Transit Services Center – additional funding deferred until 2012. Sufficient local funding available to complete design and award construction contracts.  ERP Phase V (fixed assets/workorders) deferred until 2012  GIS Enhancements – additional funding deferred until 2012  Transit Capital Projects – sufficient funding available from prior years.  Hydroturbine  Photovoltaic Solar Array  Storm Sewers – Sewer Enhancements. Additional funding not necessary at this time as sufficient funds were available from prior years note issues.  Storm Sewers – Sewer Repairs. Additional funding not necessary at this time as sufficient funds were available from prior years note issues.  Storm Sewers – Manhole Rehabilitation/Replacement. Additional funding not necessary at this time as sufficient funds were available from prior years note issues.  Storm Sewers – Channels/Ponds. Additional funding not necessary at this time as sufficient funds were available from prior years note issues.  Water Mains – Transmission Mains has been delayed due to the downturn in development has been delayed due to the downturn in development.  Sewer Mains – Collection System Reinforcements. Deferred until Rock County is ready to proceed with expansion of the Jail.  Sewer Mains – Inflow/Infiltration Reduction. Funding obtained through the Clean Water Fund loan program at more attractive terms.  Sewer Mains – Interceptor Extensions has been delayed due to the downturn in development. Conversely, the 2011 Capital Projects Budget did not contain the following projects, which have been included in the proposed note authorization resolution: DESCRIPTION AMOUNT Palmer Drive Bridge Repairs/Railing Replacement $ 110,000 Cemetery Capital 60,000 Biogas Energy Enhancements @ WWTP 750,000 TOTAL $920,000 Attached to this memorandum are three (3) exhibits. Exhibit I is a listing of all capital projects in this proposed Note Issue. The projects highlighted in yellow are those projects which the City Council previously committed to fund. Exhibit II is a listing of projects not recommended for funding at this time. Exhibit III is a narrative description of all projects – both those recommended for funding and those not recommended. State Statutes specifically identify the procedural process involved in issuing both general obligation bonds and notes. Unlike the process required for issuing bonds, which requires separate actions to authorize and establish the bond details, promissory notes can be approved in one comprehensive resolution. However, we recommend that the Council follow the two-step process in authorizing and issuing the debt. Therefore, on Monday, October 24, 2011, the Council will be requested to adopt the companion details resolution, which will finalize the projects and their corresponding funding levels. The attached initial resolution sets forth the maximum amount of notes that can be issued; whereas, the details resolution will set the final amount of the notes authorized. Prior to the adoption of the initial resolution projects and funding may be added or deleted. However, in the final resolution they may only be deleted. The Administration will distribute detailed information and graphics showing the fiscal impact of this note sale with the details resolution. We have scheduled the note sale to take place on Monday, November 14, 2011. The bid opening will be held in the morning, and the Council will be requested to award the sale by adopting the award resolution that evening, which will indicate the “best bidder.” We anticipate receiving the note proceeds on November 24, 2011. Analysis The proposed 2011 Note Issue is slightly more than the average of the last several years. The General Fund portion of the proposed Note Issue is $5,870,000 compared to a 5-year average of $5,858,000. This average is somewhat skewed by a relatively small issue in 2010 ($3,535,000). Of this amount $3,480,000, or 59%, are for projects which the City Council has already authorized and committed to fund. A General Fund borrowing of $5,870,000 will have average annual debt service of $656,707 and will cost the owner of the average home assessed at $114,000 approximately $21.25 per year for ten (10) years. However, the impact on the 2011 tax levy is less than that because some existing debt is being retired in 2011. Based upon the proposed borrowing, debt service is estimated to increase $442,299, or 8.88%, in 2012 which will increase the property tax levy by 1.74%. In 2012 the owner of the average home assessed at $114,000 will pay an additional $14.32 in property taxes for debt service. Attachments RESOLUTION NUMBER 2011-841 RESOLUTION AUTHORIZING THE ISSUANCE OF $11,925,000 IN PROMISSORY NOTES FOR FINANCING VARIOUS PUBLIC PURPOSES WHEREAS, Section 67.12(12) Wis. Stats., authorizing any Wisconsin municipality to issue promissory notes as evidence of indebtedness for any public purpose as defined in Section 67.04(1)(b), Wis. Stats., and for general and current municipal expenses, including interest thereon; and WHEREAS, pursuant to Section 67.04(4), Wis. Stats., the legislature finds that contracting of debt under Chapter 67, Wis. Stats., for any project constitutes a public purpose; and WHEREAS, the following public projects and purposes fall under the scope of Section 67.04(1)(b) AND 67.12(12), Wis. Stats.: $2,840,000 to construct and improve streets; $0 to construct and improve storm sewers; $335,000 to acquire, improve and maintain parks and public grounds; $1,120,000 to acquire, improve and maintain public buildings and grounds; $3,440,000 to acquire capital equipment; $200,000 to construct and close landfills; $2,030,000 to extend and improve the waterworks system; $1,110,000 to extend and improve the sanitary sewer system; and $850,000 to provide financial assistance for community development; and WHEREAS, such above proposed public projects and purposes and the issuance of such promissory notes will be beneficial to the City and in the best interest of the community; NOW, THEREFORE, Be It Resolved by the City Council for the City of Janesville that: 1. The City of Janesville may, pursuant to Section 67.12(12) Wis. Stats., have up to eleven million, nine hundred five thousand dollars ($11,925,000) in municipal promissory notes to finance various public projects and purposes as follows: $2,840,000 to construct and improve streets; $0 to construct and improve storm sewers; $335,000 to acquire, improve and maintain parks and public grounds; $1,120,000 to acquire, improve and maintain public buildings and grounds; $3,440,000 to acquire capital equipment; $200,000 to construct and close landfills; $2,030,000 to extend and improve the waterworks system; $1,110,000 to extend and improve the sanitary sewer system; and $850,000 to provide financial assistance for community development. 2. Each promissory note so issued, plus interest, shall be repaid within ten (10) years after the original date of the note pursuant to Section 67.12(12), Wis. Stats. 3. Each such promissory note issued shall constitute an indebtedness of the City of Janesville. 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: Administrative Services Department Prepared by: Director of Administrative Services 2 Exhibit I 2011 Proposed Note Issue Project Listing Special Major Capital Prior Years Assessment Water Wastewater Stormwater Sanitation Hedberg Proposed Note Projects FundsGeneral FundFundUtility FundUtility FundUtility FundFundPublic LibraryTIF FundsIssueBudget Project Description Construct and Improve Streets Street Extensions$0$0$200,000 New and Replacement Sidewalks$210,000$330,000$540,000$880,000 Curb and Gutter Replacement & Reconstruction$675,000$13,000$688,000$975,000 Street Lights - New Streets and Subdivisions$0$0 Street Maintenance and Improvements$950,000$92,000$1,042,000$975,000 Major Arterials and Connecting Highways Milwaukee & Wuthering Hills Roundabout$55,000$55,000$55,000 N. Main Street Resurfacing (design)$55,000$55,000$55,000 S. Pearl Street Reconstruction$350,000$350,000$400,000 Palmer Drive Bridge Repairs and Railing Replacement$110,000$110,000$0 Subtotal$2,405,000$435,000$2,840,000$3,540,000 Construct and Improve Storm Sewers System Improvements Channel/Pond Enhancements$0$0 Storm Sewer Enhancements$195,000$0$0$225,000 Storm Sewer Repairs$200,000$0$0$180,000 Manhole rehab./Replacement$110,000$0$0$200,000 System Expansion Channels/Ponds$0$0$250,000 Storm Sewers$0$0 Subtotal$505,000$0$0$0$855,000 Acquire, Improve & Maintain Parks and Public Grounds Replace Playground Equipment$40,000$40,000$70,000 Skate Board Park & Site Restoration$100,000$100,000$50,000 Palmer Tennis Court Reconstruction (Courts 7 - 9)$0$0$30,000 Property Acquisitions (downtown & neighborhood)$0$0$500,000 Parking Lot Reconstruction - Palmer Drive/Park$195,000$195,000$215,000 Propert Demolition/Restoration - S. Jackson St.$0$0$50,000 Parking Lot Construction (Parker Dr. & Court Streets)$0$0$75,000 Subtotal$335,000$335,000$990,000 Acquire, Improve & Maintain Public Bldgs. and Grounds Transit Services Center Construction (year 5)$0$0$375,000 Building Maintenance$200,000$200,000$350,000 Fire Station #1 Construction (year 3)$500,000$500,000$2,000,000 Tallman House$300,000$300,000$500,000 City Services Center - Storage (design)$50,000$50,000$450,000 Cemetery Capital$60,000$60,000$0 Library Parking Lot Resurfacing$10,000$10,000$40,000 Subtotal$1,110,000$10,000$1,120,000$3,715,000 Acquire Capital Equipment Technology Enhancements$120,000$50,000$50,000$220,000$200,000 ERP Phase V (Fixed Assets/Workorders)$0$0$0$0$300,000 Library Computer Replacements $140,000$140,000$70,000 GIS Enhancements$0$0$0$0$0$100,000 Transit Capital Projects$0$0$20,840 Golf Course Capital$100,000$100,000$100,000 Hydroturbine$0$0$100,000 Variable Frequency Drives$430,000$430,000$175,000 Photovoltaic Solar Array$0$0$150,000 Biogas Energy Enhancements @ WWTP$750,000$750,000$0 Fire Vehicle Replacement$1,000,000 $1,000,000$621,000 Special Major Capital Prior Years Assessment Water Wastewater Stormwater Sanitation Hedberg Proposed Note Projects FundsGeneral FundFundUtility FundUtility FundUtility FundFundPublic LibraryTIF FundsIssueBudget Project Description Public Safety Equipment$800,000$800,000$385,000 Subtotal$2,020,000$480,000$800,000$0$140,000$3,440,000$2,221,840 Construct and Close Landfills Gas Collection System Upgrades$100,000$100,000$100,000 Phase 1 Closure$100,000$100,000$700,000 Subtotal$200,000$200,000$800,000 Construct and Extend Water Mains System Improvements: Undersized Main Replacement$355,000$355,000$862,000 Lead Service Replacement$90,000$90,000$283,000 Manhole and Valve Replacement$70,000$70,000$165,000 Main Reinforcement$1,215,000$1,215,000$1,500,000 System Expansion Transmission Mains$0$0$105,000 Development Main Extensions$275,000$25,000$300,000$250,000 Laterals$0$0 Subtotal$275,000$1,755,000$2,030,000$3,165,000 Construct and Extend Sewer Mains System Improvements: Sewer Main Repair/Replacement$680,000$680,000$750,000 Collection System Reinforcements$0$0$300,000 Inflow/Infiltration Reduction$195,000$195,000$125,000 System Expansion Sewer Extensions$135,000$100,000$235,000$250,000 Interceptor Extensions$0$0$200,000 Laterals$0$0 Subtotal$135,000$975,000$1,110,000$1,625,000 Provide Financial Assistance for Community Business Incubator$850,000$850,000$400,000 Subtotal$850,000$850,000$400,000 Grand Total$505,000$5,870,000$845,000$2,235,000$1,775,000$0$200,000$150,000$850,000$11,925,000$17,311,840 J:\Finance & Administration\Finance Administration\Debt\Note Issue\Spring 2011\Project Listing.xls9/30/2011 Exhibit II 2011 Proposed Note Issue Projects Not Included Special Major Capital Prior Years Assessment Water Wastewater Stormwater Sanitation Hedberg Proposed Projects FundsGeneral FundFundUtility FundUtility FundUtility FundFundPublic LibraryTIF FundsGolf CourseNote IssueBudget Project Description Construct and Improve Streets Street Extensions$200,000$200,000$200,000 Subtotal$200,000$200,000$200,000 Acquire, Improve & Maintain Parks and Public Grounds Replace Playground Equipment$30,000$30,000$70,000 Palmer Tennis Court Reconstruction (Courts 7 - 9)$30,000$30,000$30,000 Property Acquisitions (downtown & neighborhood)$500,000$500,000$500,000 Parking Lot Construction (Parker Dr. & Court Streets)$75,000$75,000$75,000 Subtotal$635,000$635,000$675,000 Acquire, Improve & Maintain Public Bldgs. and Grounds Transit Services Center Construction (year 5)$375,000$375,000$375,000 Building Maintenance$150,000$150,000$350,000 Fire Station #1 Construction (year 3)$1,500,000$1,500,000$2,000,000 City Services Center - Additional Storage$400,000$400,000$450,000 Subtotal$2,425,000$2,425,000$3,175,000 Acquire Capital Equipment ERP Phase V (Fixed Assets/Workorders)$100,000$100,000$100,000$300,000$300,000 GIS Enhancements$25,000$25,000$25,000$25,000$100,000$100,000 Transit Capital Projects$20,840$20,840$20,840 Hydroturbine$100,000$100,000$100,000 Photovoltaic Solar Array$150,000$150,000$150,000 Subtotal$145,840$275,000$225,000$25,000$0$670,840$670,840 Construct and Extend Water Mains System Improvements: System Expansion Transmission Mains$105,000$105,000$105,000 Subtotal$105,000$105,000$105,000 Construct and Extend Sewer Mains System Expansion Interceptor Extensions$200,000$200,000$200,000 Subtotal$0$200,000$200,000$200,000 Grand Total$0$3,205,840$200,000$380,000$425,000$25,000$0$0$0$0$4,235,840$5,025,840 Attachment III  2011 Note Issue Project Descriptions Construct and Improve Streets - $2,840,000 (a) New and Replacement Sidewalks - $540,000 This program totals $540,000 (General Fund - $210,000; Assessable - $330,000) to construct new sidewalks and to replace deteriorated sidewalk and/or sidewalk with other safety deficiencies. Included is the first year of a seven (7) year plan to implement the Pedestrian Transportation Corridor Plan (PTCP). General Fund costs for new and replacement sidewalk include curb ramps, sidewalk crossing city owned property (greenbelts, parks, etc.) and other miscellaneous costs typically paid by the city at large. (b) Curb and Gutter Replacement and Reconstruction - $688,000 This program totals $688,000 (General Fund 675,000; Assessable - $13,000) to replace damaged curb and gutter as well as eliminate areas of water ponding in conjunction with the street reconstructions and resurfacing programs. Prior to 2010 half of this program has been funded through Special Assessments against the abutting property owners. As proposed for 2011 costs for curb replacement and reconstruction will be paid by the city at-large, except for areas where replacement is requested by the property owner for aesthetic reasons. (c) Street Maintenance and Improvements - $1,042,000 This program includes funds to maintain City streets and make various other improvements to the street network such as intersection and railroad crossing improvements. In 2011 $1,042,000 is proposed for this program (General Fund - $950,000; Assessable $92,000). (d) Major Arterials and Connecting Highways - $460,000 This category proposes a total of $460,000 in funding for 2011. There are several projects that provide for preliminary engineering on projects. This funding provides the local match to federal funding in most cases. A roundabout is proposed for construction at the intersection of Milwaukee Street and Wuthering Hills Drive. The total estimated cost is $451,000 with $395,000 provided through a Highway Safety Improvement Program grant and $55,000 from local funds. North Main Street is scheduled for resurfacing in 2013. Total project costs are estimated to be $1,530,000 with $1,216,000 provided in federal funding and a local share of $314,000. Proposed for 2011 is $55,000 as the local share of the design and engineering costs ($265,000) Attachment III  South Pearl Street from Court Street to Rockport Road is being reconstructed. Total project costs are estimated to be $502,000 with $152,000 provided through the Local Road Improvement Program (LRIP) and $350,000 through local funds. (e) Palmer Drive Bridge Repairs and Railing Replacement - $110,000 With the reconstruction of Palmer Drive it made sense to repair the bridge over Spring Brook and replace the railing on the bridge. Construct and Improve Storm Sewers No new funding necessary at this time (a) System Improvements - $505,000 System Improvements total $505,000 for enhancements to the existing storm drainage system. Proposed projects include: Areas within the Stormwater collection system can develop capacity deficiencies or other problems which require enhancements to properly manage current and projected stormwater flow. Storm Sewer enhancement projects in 2011 are expected to cost $195,000. Planned projects include: S. Pearl Street from W. Court Street to W. Racine Street and E. Holmes Street from Jackman Street to Sinclair Street. Planned projects may change based upon need. Storm sewer repair projects totaling $200,000 have been identified for 2011. Planned projects include: Benton Avenue from Prairie Avenue to Eisenhower Church; and Clark Street from Main Street to the Rock River. Projects can change if other repairs are identified and are considered higher priority. Rehabilitating or replacing manholes in conjunction with street resurfacing and reconstruction projects prevents future failures of the structures after a new street surface has been placed. In 2011 funding in the amount of $110,000 is proposed. Some manholes only need repairs to the upper portion and other manholes that need total replacement. Acquire, Improve & Maintain Parks and Public Grounds - $335,000 (a) Replace Playground Equipment - $40,000 In 1996, the City began a program to renovate/replace playground equipment in neighborhood parks. To date, renovations have been completed at 30 neighborhood parks at a cost of approximately $40,000 for each neighborhood park. The renovation/replacement of playground equipment will continue in 2011, with improvements proposed for Rushmore Park ($40,000). (b) Skateboard Park and Site Restoration - $100,000 An at-grade skate park is proposed at the former batting cage location on S. Attachment III  Jackson Street. The total project is estimated to cost $135,000 which includes ramps and other features for skate boarders, as well as grading and seeding of this property and other City-owned property to the north. Of the total project costs, $35,000 will be provided through private donations and $100,000 from the City. (c) Parking Lot Reconstruction at Palmer Park - $195,000 The parking lot adjacent to Palmer Drive which serves CAMDEN Playground and the wading pool was reconstructed along with Palmer Drive. The parking lot was physically separated from Palmer Drive to prevent parked vehicles from backing into travel lanes. Additional parking stalls were also created. Acquire, Improve & Maintain Public Buildings and Grounds - $1,120,000 (a) Building Maintenance - $200,000 Each year, funds are required for minor building maintenance projects at City facilities. In 2011, improvements totaling $200,000 are proposed for several public buildings. The locations may include the Municipal Building, various park and recreational facilities, and Senior Center. This is slightly less than prior years because significant federal EECDBG funds were used to make improvements to several facilities. (b) Central Fire Station - $500,000 The central fire station and administrative offices (Fire Station #1) was constructed in 1957 and no longer meets the space or operational needs of the Fire Department. Initial funding for design and site acquisition was provided in 2006 ($150,000), 2007 ($350,000), and 2008 ($500,000). An additional $500,000 is proposed for 2011 to complete the funding requirements for site acquisition and design. The estimated construction cost is $6,500,000. (c) Tallman House - $300,000 In 2009 an architectural firm was retained to complete a property conditions report on the Tallman House. This report indicates that repairs in excess of $2,000,000 are necessary and the facility. Funding in the amount of $250,000 was provided in 2009. The 2011 note issue includes $300,000 to continue funding these repairs. (d) City Services Center Storage (design) - $50,000 The Parks Division has an acute need for storage of mowers and other equipment. Much of their equipment is stored in buildings which are awaiting demolition. As these buildings are demolished the Parks Division must find new places to store their equipment. When the City Services was designed and constructed provisions were made to expand the structure to the north. Funding in the amount of $50,000 is proposed to identify the storage needs of the Parks Division, as well as other divisions, and design solutions to meet that need. Attachment III  (e) Cemetery Capital - $60,000 Proposed for the 2011 note issue is funding in the amount of $60,000 for various capital items at the Cemetery including centralizing the water distribution system, acquiring equipment to develop a computer inventory of lots, and repairs to the roads within the cemetery. (f) Library Parking Lot Resurfacing - $10,000 The parking lot behind the library will be resurfaced and restriped. This lot was last resurfaced in 1996 making it 15 years old. This does not include the lot the library shares with JPAC. Acquire Capital Equipment - $3,440,000 (a) Technology Enhancements - $220,000 The City will continue implementation of the Information Technology Strategic Plan. This plan addresses improving the efficiency of City services and providing citizen satisfaction through the use of information technology. In 2011, funds are requested from the General Fund ($120,000), Water Utility ($50,000) and Wastewater Utility ($50,000) to obtain consulting services and purchase hardware and software for the implementation of specific citywide information technology priority projects, as determined by the City Manager. (b) Library Technology Enhancements - $140,000 The library will be replacing all 102 computers for public use and all 57 computers used by staff. All the computers being replaced are at least 5 years old. Updated software will also be purchased and installed on the computers. In addition, 4 printers and 4 bar code scanners will be replaced, and several new security cameras will also be added. Lastly, a Microfilm 6000 machine will be purchased to replace our outdated microfilm reader (which we can no longer get parts to service). (c) Golf Course Capital - $100,000 The lease on the golf course expired at the end of 2010 and the City is now responsible for the operation and maintenance of the courses. When the lease ended we acquired an aged fleet of maintenance equipment from the lessee. Funding in the amount of $100,000 is included to begin replacing the maintenance equipment over the next several years. (d) Variable Frequency Drives - $430,000 This project includes installation of 17 variable frequency drives and associated controls at Pumping Stations 4, 5, 7, 10, 12 and 14. The work includes installation of equipment within existing motor control center structures for well and booster pumps at each site. Attachment III  (e) Biogas Energy Enhancements at Wastewater Treatment Plant - $750,000 Upgrades to the Wastewater Treatment Plant are proposed to increase the amount of biogas produced and the ability to convert that biogas into energy. Enhancements include gas conditioning equipment ($100,000), CNG vehicle fueling station ($200,000), 200 KW microturbine ($300,000), CNG modifications to 5 vehicles ($40,000), high strength waste receiving station ($20,000), and other miscellaneous costs ($90,000). (f) Fire Vehicle Replacement - $1,000,000 Several pieces of fire equipment are scheduled for replacement including a 1997 - $470,000), a 1990 tanker ($320,000), and a 2000 ambulance ($210,000). (g) Public Safety Equipment - $800,000 In order to comply with Federal Communications Commission (FCC) requirements to narrow-band public safety radio frequencies, most public safety radio systems in the County must be upgraded. Rock County has taken the lead on this effort and has agreed to take over the public safety radio system in the County. This proposal includes the costs to replace our mobile radios and upgrade the radio system prior to the County assuming ownership. Construct and Close Landfills - $200,000 (a) Gas Collection System Upgrades - $100,000 Current operations at the sanitary landfill have resulted in increased odors and complaints from residents. This project makes improvements to the temporary gas collection system to reduce odors and maintain co permit. (b) Phase I Closure - $100,000 These funds will be utilized to install permanent landfill gas collection wells in Cell 1 of the operating landfill. These wells are being installed ahead of permanent closure of this cell, which is scheduled for 2012. The permanent wells replace temporary wells which were installed in 2009. Construct and Extend Water Mains - $2,030,000 (a) System Improvements - $1,730,000 Undersize main replacements totaling $355,000 are proposed for 2011. This program is needed to replace undersized water mains (replace 1-1/2 inch and 4- inch mains with 6 inch mains) in the distribution system. There are approximately 9 miles of undersized mains in the system. Replacement is done Attachment III  in coordination with street restoration projects. Funds requested will replace about 2,200 feet of mains. In 2005, the Water Utility implemented a lead services replacement program within the City. This program is similar to the iron service replacement activities the City has historically undertaken. The actual cost of this program will vary from year to year based upon the number of lead services under streets that are being reconstructed in any given year. Currently, there are about 2,400 lead services in the City. In 2011, the Water Utility proposes to replace 55 lead services ($90,000). Prior to street reconstruction, the condition of the water manholes and valves in the street are evaluated. Old, deteriorated manholes are either rehabilitated or replaced prior to the street work. This helps insure the long term integrity of the street so that a newer street surface would not have to be dug up shortly after the work to replace a failing manhole. For 2011, $70,000 is proposed for this program. The Main Reinforcement program addresses identified weaknesses in the existing water distribution system by adding transmission mains or upgrading distribution mains to transmission mains. In 2011, Phase II of the Blackbridge Road main is scheduled. The total project estimate is $2,715,000 with $1,500,000 provided in 2010 and the balance ($1,215,000) provided in 2011. (b) System Expansion - $300,000 (c) Development Main Extensions water mains extended to serve new developments. Cost - $300,000; Assessable Portion - $275,000. Construct and Extend Sewer Mains - $1,110,000 (a) System Improvements - $875,000 Janesville has approximately 140 miles of clay pipe in the sanitary sewer collection system that ranges in age from 40 to 100 years. Most of the clay pipe is structurally sound, but suffers from root intrusion and infiltration of groundwater. Proposed for 2010 is $805,000 in funding, which will reline about 3 3-1/2 miles of sanitary sewer main. This is the ninth year of a multi-year program, which reduces the potential for clogged sewers resulting from root growth and also ensures the continued structural integrity of the clay sewers. This is an ongoing multi-year program to prevent water inflow and infiltration into the sanitary sewer system. This program has focused primarily on sanitary sewer manholes in the past, but its focus has now shifted to sewer laterals. For 2011 funding in the amount of $195,000 is proposed. Attachment III  (b) System Expansion - $235,000 Development Sewer Extensions sewer mains extended to serve new developments. Cost - $235,000; Assessable Portion - $135,000. Provide Financial Assistance for Community Redevelopment - $850,000 (a) Funding in the amount of $860,000 is included for development loans in TIF No. 23. Development loans were made to SARA Investments for the rehabilitation of the building located at 101 E. Milwaukee Street. CITY MANAGER’S MEMORANDUM September 29, 2011 TO: City Council FROM: Eric J. Levitt SUBJECT: Board of Review Appointments Request I request the Council confirm the appointments of the City Manager. Recommendation Due to a few recent resignations, I am requesting Council confirmation of the appointments of Craig Gramke and Jim Tibbetts to fill the vacancies. Motion I move to confirm the appointments of the City Manager. Background The Clerk-Treasurer’s Office is having difficulty arranging times for the Board of Review to meet to review assessment objections. Each residential objection takes 45 minutes and each commercial objection is scheduled for one hour. Clerk-Treasurer Jean Wulf estimates the Board of Review will need to meet for approximately 100-130 hours from September 15 – the end of October, 2011. The Board of Review is comprised of five voting members and three alternates. Recently, one member (Don Allison) resigned from the Board in writing; one alternate verbally resigned (Gary Wright) and another member is having difficulty attending due to work schedules. With time of the essence to complete the Board of Review process to create the tax roll, there isn’t time to advertise for additional members and go through the standard process to obtain members. The Clerk-Treasurer contacted several previous members of the Board of Review and Craig Gramke and Jim Tibbetts agreed to serve again. The Citizens Advisory Committee on Appointments met recently to learn about the predicament the Clerk-Treasurer’s Office is in with the Board of Review. Following discussion, the Committee approved a motion supporting the Administration’s approach Craig Gramke to the Board of Review vacancies and recommended as a voting Jim Tibbetts member for the Board of Review and as an alternate member of the Board of Review. Eligibility To be eligible for an appointment to a standing committee, individuals must have interest or knowledge in the committee’s subject matter. Volunteers for the Board of Review must live within the City of Janesville. City Manager’s Recommendations for Board of Review Appointments (confirmed by entire Council) Craig GramkeJim Tibbetts as a voting member for the Board of Review and as an alternate member of the Board of Review Attachments: 9-29-11 unapproved minutes CC: Eric Levitt, City Manager Jacob J. Winzenz, Assistant City Manager Record of Citizen Advisory Committee on Appointments September 29, 2011 Page 1 Meeting of the City of Janesville Citizen Advisory Committee on Appointments held in the Municipal Building first floor conference room on September 29, 2011. Committee Members Present: Ron Combs, Judith Detert-Moriarty, Ed Pulliam, Larry Squire and Mary Willmer- Sheedy Staff Present: Rebecca Smith and Jean Wulf Agenda Items Roll Call The meeting began at approximately 3:30PM with Combs, Detert-Moriarty, Pulliam, Squire and Willmer- Sheedy present. Smith thanked the Committee for attending on short notice and introduced Jean Wulf to the Committee. Discussion and Possible Action on the Administration’s Approach to Board of Review Membership Wulf explained the Clerk-Treasurer’s Office is having difficulty arranging times for the Board of Review to meet to review assessment objections. Each residential objection takes 45 minutes and each commercial objection is scheduled for one hour. Wulf estimates the Board of Review will need to meet for approximately 100-130 hours from September 15 –the end of October, 2011. The Board of Review is comprised of five voting members and three alternates. Recently, one member (Don Allison) resigned from the Board in writing; one alternate verbally resigned (Gary Wright) and another is having difficulty attending due to work schedules. Time is of the essence with the Board of Review due to the timeline they are under to complete all of the objections in time to create the tax roll. Wulf contacted several previous members of the Board of Review and Craig Gramke and Jim Tibbetts agreed to serve again. Craig Gramke previously served on the Board of Review, is also a Chief Election Inspector and has a flexible schedule. Jim Tibbetts also previously served on the Board and is willing to serve again. Wulf explained the importance of having the new members familiar with the objection process because there isn’t time for a volunteer with no experience to receive the training to be effective for this year’s Board of Review. Following Committee discussion, Squire made a motion to recommend Craig Gramke as a voting member for the Board of Review and Jim Tibbetts as an alternate member of the Board of Review and to support the Administration’s approach to the Board of Review vacancies. Detert-Moriarty seconded the motion and it passed5-0-0. Matters Not on the Agenda Willmer-Sheedy indicated that she has received emails that she feels are inappropriate from a citizen. She plans to respond to the citizen stating that she does not want to receive inappropriate emails in the future. Pulliam suggested the emails be forwarded to the City Attorney for his information. Adjournment The meeting adjourned at approximately 3:50PM. These minutes are not official until approved by the Citizen Advisory Committee on Appointments. Rebecca Smith, Management Assistant