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.
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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.
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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
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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
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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
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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
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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
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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
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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