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Full Agenda Packet Revised 11/10/11 CITY OF JANESVILLE CITY COUNCIL MEETING AGENDA MONDAY, November 14, 2011 7:00 P.M. 1. Call to Order and Pledge of Allegiance. 2. Roll Call. 3. City Council meeting minutes of A.Special meeting of October 18, 2011. B.Special meeting of October 20, 2011. C.Regular meeting of October 24, 2011. D.Special meeting of October 25, 2011. E.Special meeting of November 3, 2011. “C” 4. Licenses; and Recommendations of the Alcohol License Advisory Committee including an appeal of the denial of an operator’s license for Joshua Passer. (Refer to separate agenda.) “C” 5. Motion to approve final Certified Survey Map #11010-C, Joseph Black, 2 lots along Newcastle Drive. “C” 6. Authorization for the Administration to deny a liability claim brought on behalf of Colin T. Cabelka in the amount of $53,000. “C” 7. Action on a proposed resolution recognizing the week of November 12-18 as Community Foundation Week. (File Res. No. 2011-850) OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. 2. Public hearing, discussion and possible action on the FY2012 proposed City and Library budgets. ---------------------- “C” – This designation indicates an item that the City Council will take up under a Consent Agenda. City Council Agenda – November 14, 2011 Page 2 OLD BUSINESS (CONTINUED) 3. Second reading, public hearing and action on a proposed ordinance amending Chapter 15 (Building Code) of the Code of General Ordinance of the City of Janesville to revise the height threshold and fence height requirements for swimming pools and hot tubs to include a security fence around the facility. (File Ord. No. 2011-500) 4. Second reading, public hearing and action on a proposed ordinance amending the scheduling of regular common council meetings falling on certain holidays and other days, and affecting the order and conduct of business. (File Ord. No. 2011-501) 5. Action on a proposed resolution awarding $13,920,000 in General Obligation Promissory Notes, Series 2011 of the City of Janesville. Wisconsin, establishing interest rates thereon and levying taxes therefor. (File Res. No. 2011-843) NEW BUSINESS 1.Presentation on Senior Center accreditation. 2.Action on a proposed resolution reducing the interest rate for property owners who had sidewalk installed in 2011 and elect to have payments spread over five (5) years. (File Res. No. 2011-855) 3.Action on a proposed resolution supporting the establishment of a recreation water trail along the course of the Rock River and a scenic and historic road route through the City of Janesville. (File Res. No. 2011-840) 4.Action on a proposed resolution establishing the relocation order for the right-of-way of the East Milwaukee Street/Wuthering Hills Drive intersection improvement project. (File Res. No. 2011-851) 5.Discussion, direction and possible action on appointment of a City Councilmember; and election by Council of either a Council President or Council Vice President. City Council Agenda – November 14, 2011 Page 3 NEW BUSINESS (CONTINUED) 6.Discussion and action on proposed amendments to City Council Policy Statement #68 regarding investments. 7.Action on a proposed resolution authorizing the City Manager to make an application to the County for an exemption from the Library tax levy. (File Res. No. 2011-856) 8.Action on a motion to change the meeting at which Council President committee appointments take place. 9.Consideration and action on a proposed U.S. EPA compliance order concerning certain alleged Janesville sewerage system utility discharges and/or basement backups. 10.Requests and comments from the public on matters which can be affected by Council action. 11.Matters not on the Agenda. 12.Motion to adjourn. The use of audible cell phone ringers and active use and response to cellular phone technology by the governing body, staff and members of the public is discouraged in the Council Chambers while the Council is in session. PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN SPECIAL MEETING OCTOBER 18, 2011 VOL. 62 NO. 17 Special meeting of the City Council of the City of Janesville held in the Municipal Building on October 18, 2011. The meeting was called to order by Council President Brunner at 7:00 PM. Present: Council President Brunner, Councilmembers Dongarra-Adams, Liebert, McDonald, Rashkin, Steeber, and Voskuil. Review of Proposed 2012 City and Library Budgets: City Manager Levitt provided an overview of the proposed 2012 City budget which has a .81% increase in expenses and a 2.96% increase in the tax levy. In addition, he suggested that the Council review all budgets and potential changes should be placed on the “parking lot” for further discussion. The City Council reviewed the proposed 2012 City budget, which included City Council, City Manager, City Assessor, City Attorney, City Clerk-Treasurer, Administrative Services and Accounting, Human Resources, Information Technology, Community Information, Police Department and Fire Department. During the review of the budgets the City Council asked various questions and requested the following information: the cost of conducting elections; the fees associated with credit card usage; the cost of preparing paper agenda packets as opposed to electronic agenda packets; a comparison of parking ticket fines with peer cities; and a comparison of wages and fringe benefits of peer cities. By consensus of the majority of the Council, the following items were placed on the “parking lot” list for further discussion.  City Manager: Cost of preparing paper agenda packets.  Police Department: Increase parking ticket fines and Police Department staffing levels.  Fire Department: Delay in filling Deputy Fire Chief’s position for one year. Matters Not on the Agenda None. Councilmember Steeber moved to adjourn, seconded by Councilmember Rashkin and passed unanimously. There being no further business, the Council adjourned at 10:00 PM. Jean Ann Wulf Clerk-Treasurer PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN SPECIAL MEETING OCTOBER 20, 2011 VOL. 62 NO. 18 Special meeting of the City Council of the City of Janesville held in the Municipal Building on October 20, 2011. The meeting was called to order by Council President Brunner at 7:00 PM. Present: Council President Brunner, Councilmembers Dongarra-Adams, Liebert, McDonald, Rashkin, Steeber, and Voskuil. Review of Proposed 2012 Budget: The City Council reviewed the proposed 2012 City budget, which included Janesville Area Convention and Visitors Bureau, Public Works Administration, Engineering, Street Maintenance, Street Cleaning, Snow Removal, Weed Control, Public Buildings, Parking Facilities, Traffic Management, Storm Water, Leisure Services Administration, Recreation, and Senior Citizens Center, Parks, Community Development, and Economic Development. During the review of the budgets the City Council asked various questions and requested the following additional information: the number of parking spaces that are patrolled; staff should explore opportunities to increase revenue by partnering with businesses to sell City logo merchandise; the cost of removing non-operational water fountains; and the cost of keeping seasonal employees and transferring Parks employees to DPW. By consensus of the majority of the Council, the revenue associated with alcohol sales ($2,500) in the Parks and Main St. Entertainment was eliminated from the budget. By consensus of the majority of the Council, the following items were placed on the “parking lot” list for further discussion.  Recreation Department: Increase aquatic fees.  Recreation Department: Increase Ice Center fees after the renovation of the facility.  Parks: Increase overtime expense to clean park restrooms on weekends. Matters Not on the Agenda Council President Brunner reminded the Council that there was a MPO meeting scheduled for October 24, 2011 at 6:30 PM. Councilmember Steeber moved to adjourn, seconded by Councilmember Rashkin and passed unanimously. There being no further business, the Council adjourned at 10:35 PM. Jean Ann Wulf Clerk-Treasurer PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING OCTOBER 24, 2011 VOL. 62 NO. 19 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on October 24, 2011. The meeting was called to order by Council President Brunner at 7:00 PM. Present: Council President Brunner, Councilmembers Dongarra-Adams, Liebert, McDonald, Rashkin, Steeber and Voskuil. CONSENT AGENDA Regular City Council meeting minutes of October 10, 2011. Licenses; and Recommendations of the Alcohol License Advisory Committee. (Refer to separate agenda.) Action on a motion to approve final Certified Survey Map 11009-C, Mark Robinson and Robert Sarow, 3 lots along East Milwaukee Street. Waiver of special assessment procedure for storm sewer charges for Certified Survey Map 11009-C. Financial statement for the month of September, 2011. Council President Brunner stated that all items on the consent agenda would be approved if there were no objections. There were none. Special recognition: Action on a proposed resolution in commendation of Steven K. Mara’s thirty-two years of service to the City of Janesville. Councilmember Steeber moved to adopt said resolution seconded by Councilmember McDonald and passed unanimously. (File Res. No. 2011-844) OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. John Gorski, 402 E. Centerway Ave., spoke against increased City spending. Al Lembrich, 541 Miller Ave.; Kevin Clifton, 903 Suffolk Dr.; and Jim Fowler, 4015 Wilshire Dr., spoke against the 2012 sidewalk program (OB #2). Jon Groessl, representing Northwood’s Holdings and United Alloy, spoke in favor of the TIF agreement (NB #4). Scott Bever, 3435 E. Milwaukee St., spoke in favor of the 10 year non-use deferment for Marklien Builders (NB #1) and spoke against the 2012 sidewalk program (OB #2). Andreah Briarmoon, 339 S. Locust St., spoke against the 2012 side walk program (OB #2) and the demolition of 159 Cherry St. (NB #2). 2. Continued discussion and action on a proposed resolution authorizing the 2012 Sidewalk Program. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Voskuil. Council President Brunner offered a friendly amendment that the interest rate for the five year payment plan be reduced from 6% to 3%. The friendly amendment was accepted by the maker and the seconder. Council President Brunner separated the vote to allow the Council to vote on each item. The change in interest rate passed by the following vote: Aye: Councilmembers Brunner, Dongarra-Adams, Liebert, McDonald, Steeber, and Voskuil. Nay: Councilmember Rashkin. The motion, as amended, passed by the following vote: Aye: Councilmembers Brunner, Rashkin, Steeber, and Voskuil. Nay: Councilmembers Dongarra-Adams, Liebert, and McDonald. (File Res. No. 2011-834) 3. A final resolution for a public works project (Milton Avenue and McCormick Drive water and sewer system improvements) included in Bid Schedule “F”-2011 received its public hearing. Andreah Briarmoon, 339 S. Locust St., and John Gorski, 402 Centerway Ave., spoke against the resolution. The public hearing was closed. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Voskuil, and passed unanimously. (File Res. No. 2011-846) 4. Award of Contracts 2011-21 (storm sewer system improvements); 2011-22 (Milton Avenue and McCormick Drive water and sewer system improvements); and 2011-23 (fuel island repairs and concrete flatwork) for Public Works Bid Schedule “F” – 2011. Councilmember McDonald moved to reject the only bid for contract 2011-23 and to award the following contracts to the low bidders: Contract Company Amount 2011-21 R.T. Fox Contractors, Inc. $336,275.00 2011-22 Maddrell Excavating, LLC. $246,421.00 The motion was seconded by Councilmember Steeber and passed unanimously. 5. Action on a proposed resolution authorizing the issuance of $13,970,000 General Obligation Promissory Notes, Series 2011-A, of the City of Janesville, Wisconsin, and providing the details thereof. Councilmember Steeber moved to remove $50,000 from the note issue for skateboard park funding, seconded by Councilmember McDonald, and passed by the following vote: Aye: Councilmembers Brunner, Dongarra-Adams, McDonald, Steeber, and Voskuil. Nay: Councilmembers Liebert, and Rashkin. Councilmember McDonald moved to remove $850,000 from the note issue for the business incubator funding, seconded by Councilmember Liebert, and failed by the following vote: Aye: Councilmembers Dongarra-Adams, Liebert, and McDonald. Nay: Councilmembers Brunner, Rashkin, Steeber, and Voskuil. Councilmember Steeber moved to adopt the resolution as amended, seconded by Councilmember Voskuil, and passed by the following vote: Aye: Councilmembers Brunner, Dongarra-Adams, Rashkin, Steeber, and Voskuil. Nay: Councilmembers Liebert, and McDonald. (File Res. No. 2011-842) NEW BUSINESS 1. A proposed resolution authorizing an additional ten year non-use deferment on the property located at 3410 Newcastle Drive. Councilmember McDonald moved to adopt said resolution, seconded by Councilmember Donagarra-Adams. Councilmember McDonald offered a friendly amendment to reduce the deferment period to five years. The friendly amendment was accepted by the seconder. The motion, as amended, passed on the following vote: Aye: Councilmembers Brunner, Dongarra-Adams, Liebert, McDonald, Rashkin, and Steeber. Nay: Councilmember Voskuil. (File Res. No. 2011-848) 2. Action on a proposed resolution authorizing the demolition of 159 Cherry Street. Councilmember Liebert moved to adopt said resolution, seconded by Councilmember Rashkin and passed unanimously. (File Res. No. 2011-845) 3. Action on a proposed resolution approving the 2012 Annual Action Plan for the Community Development Block Grant Program and Rock County HOME Consortium Submission. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Liebert and passed unanimously. (File Res. No. 2011-847) 4. Action on a proposed resolution authorizing the City Manager to enter into a TIF development agreement in the amount of $100,000 with Northwood’s Holding, LLC on behalf of United Alloy. Councilmember Rashkin moved to adopt said resolution, seconded by Councilmember Voskuil and passed unanimously. (File Res. No. 2011-849) 5. A proposed ordinance amending Chapter 15 (Building Code) of the Code of General Ordinances of the City of Janesville to revise the height threshold and fence height requirements for swimming pools and hot tubs to include a security fence around the facility was introduced and scheduled for a public hearing on November 14, 2011. (File Ord. No. 2011-500) 6. Requests and comments from the public on matters which can be affected by Council action. John Gorski, 402 E. Centerway Ave., spoke against City funding of the skate park, and stated that the note proceeds for the new fire station and the business incubator are too high. Al Lembrich, 541 Miller Ave., asked the Council to cut spending and not adopt a wheel tax in the 2012 budget. Andreah Briarmoon, 339 S. Locust St., requested the Council: 1. form a citizen budget committee, 2. study the expenses in the Community Development Authority budget for appropriateness. 7. Matters not on the agenda. Council President Brunner asked for a report on the sidewalk replacement policy and if replacement sidewalk can be placed on the general tax levy. Councilmember Liebert stated he supports moving forward with the new central fire station. Councilmembers Rashkin and Brunner asked that a proposal on a flag program for crosswalks be brought before the Council. 8. Councilmember Steeber moved to adjourn, seconded by Councilmember McDonald and passed unanimously. There being no further business, Council adjourned at 9:46 p.m. David T. Godek City Deputy Clerk-Treasurer PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN SPECIAL MEETING OCTOBER 25, 2011 VOL. 62 NO. 20 Special meeting of the City Council of the City of Janesville held in the Municipal Building on October 25, 2011. The meeting was called to order by Council President Brunner at 7:00 PM. Present: Council President Brunner, Councilmembers Dongarra-Adams, Liebert, McDonald, Rashkin, Steeber, and Voskuil. 1. A proposed ordinance amending the scheduling of regular common council meetings falling on certain holidays and other days and affecting the order and conduct business was introduced and scheduled for public hearing on November 14, 2011. (File Ord. 2011-501) Review of Proposed 2012 Budget: The City Council continued their review of the proposed 2012 City budget, which included Transit, Storm Wastewater Utility, Water Utility, Golf Courses, Cemetery, Hedberg Public Library, JATV, Neighborhood Services, Sanitation, and Industrial Waste. The Council requested the fiscal impact of all items on the “parking lot” list. By consensus of the majority of the Council, they placed sanitation revenue on the “parking lot” list for further discussion at a later date. Matters Not on the Agenda: None. Councilmember Steeber moved to adjourn, seconded by Councilmember McDonald and passed unanimously. There being no further business, the Council adjourned at 10:36 PM. Jean Ann Wulf Clerk-Treasurer PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN SPECIAL MEETING NOVEMBER 3, 2011 VOL. 62 NO. 22 Special meeting of the City Council of the City of Janesville held in the Municipal Building on November 3, 2011. The meeting was called to order by Council President Brunner at 7:00 PM. Present: Council President Brunner, Councilmembers Dongarra-Adams, Liebert, McDonald, Rashkin, Steeber, and Voskuil. Review of Proposed 2012 Budget: The City Council continued their review of the proposed 2012 City budget, which included the Insurance Fund, Vehicle Operation and Maintenance, Technical Services, and Major Capital Projects. During the review of the budgets the City Council asked various questions and requested information on the fiscal impact on utility rates when approving future capital projects and a fiscal analysis of the Vehicle Operation and Maintenance budget for next year’s budget. For the record, City Manager Levitt stated that the City would be accepting credit card payments in 2012 using the City’s new software. The Council then discussed and took action on items that were placed on the “parking lot”. Parking Fines: Councilmember Steeber moved to increase general parking fines from $10 to $15, increase snow emergency fines from $20 to $50, increase handicapped parking violations from $40 to $100, and increase hydrant violation parking fines from $10 to $50. The motion was seconded by Councilmember Dongarra-Adams. Councilmember McDonald offered a friendly amendment to increase all general parking fines 50%. The friendly amendment was accepted. Councilmember McDonald offered a friendly amendment to increase handicapped parking fines from $100 to $120. The friendly amendment was accepted. The Council voted on the main motion and it passed unanimously. No budget adjustment was needed as this change was incorporated in the proposed 2012 budget. Aquatic Fees: Councilmember McDonald moved to increase aquatic fees $.25 for youth and adult daily passes, seconded by Councilmember Steeber and passed unanimously. No budget adjustment was needed as this change was incorporated in the proposed 2012 budget. Ice Rental Fees: Councilmember McDonald moved to increase ice rental fees $5 per hour after the facility renovation, seconded by Councilmember Steeber and passed by the following vote: Aye: Nay: Councilmembers Brunner, Liebert, McDonald, and Steeber. Dongarra-Adams, budget adjustment provides for a $2,500 increase in revenue in the Rashkin, and Voskuil. This proposed 2012 budget. Council Packets: By consensus, the Council agreed to evaluate whether to receive agenda packets in paper or electronic form at a later date. Police Staffing: Councilmember McDonald moved to keep the same level of authorized positions and to make no changes to the proposed budget, seconded by Councilmember Rashkin and passed unanimously. Fire Staffing: Councilmember McDonald moved to delay hiring the Deputy Fire Chief until 2013, seconded by Councilmember Steeber and passed by the following vote: Aye: C ouncilmembers Brunner, Dongarra-Adams, McDonald, Rashkin, Steeber, and Voskuil. Nay: Councilmember Steeber requested a review of whether a Deputy Fire Councilmember Liebert. Chief was the appropriate classification for the job duties assigned to this position. No budget adjustment was needed as this change was incorporated in the proposed 2012 budget. Parks Overtime: Councilmember McDonald moved to increase overtime expense by $10,000 to provide restroom cleaning at park facilities on weekends and to decrease tree planting funding by $10,000. The motion was seconded by Councilmember Steeber and passed unanimously . Sanitation Revenue: Councilmember Rashkin moved to increase tipping fees from $34 to $35, seconded by Council President Brunner. Council President Brunner offered a friendly amendment to leave residential trash pick-up fees at the same level and to solicit an additional 10,000 tons of trash. The friendly amendment was accepted. Council President separated the vote to allow the Council to vote on each item. The Council unanimously approved the increase in tipping fees from $34 to $35. The Council approved leaving residential trash pick- up fees at the same level by the following vote: Aye: Councilmembers Brunner, Dongarra- The Council Adams, Liebert, Rashkin, and Steeber. Nay: Councilmembers McDonald and Voskuil. approved maintaining the same level of trash tonnage as budgeted (estimated) in 2011 by the following vote: Aye: Councilmembers Brunner, Dongarra-Adams, Liebert, Rashkin, Steeber, and budget adjustments provide for a $330,000 Voskuil. Nay: Councilmember McDonald. These increase in revenue in the proposed 2012 budget. Matters Not on the Agenda: Council President Brunner scheduled two Special Council meetings: November 11, 2011 at 12:30 PM to discuss TIF 35 and November 14 at 5:45 PM to seek advice from legal counsel. Councilmember Steeber moved to adjourn, seconded by Councilmember Rashkin and passed unanimously. There being no further business, the Council adjourned at 9:40 PM. Jean Ann Wulf Clerk-Treasurer JANESVILLE CITY COUNCIL LICENSE AGENDA 11/14/2011 RECOMMENDED A. ELECTRICIAN–ORIGINAL David C. Born 5375 Mahocker Rd., Mazomanie, WI B. SIGN ERECTOR–ORIGINAL Guy Rice Signs a/k/a Ludeen and Guy Rice 146 E. Rees St., Fond du Lac, WI Jones Sign Co., Inc. 1711 Scheuring Rd., DePere, WI th Signs Now a/k/a Tim Anderson Corp. 700 20 St., Rockford, IL C. CHANGE IN PREMISE TO ALLOW OUTDOOR SEATING Bradley B. Vincent d/b/a Bad Brad’s Wing & a Prayer Bradley B. Vincent 911 Rockport Rd. DUM POLICE DEPARTMENT MEMORAN November 8, 2011 TO: City Council FROM: Dan Davis, Deputy Chief of Police SUBJECT: Council Action on an Application for an Operator’s License by Joshua G. Passer On September 26, 2011, Joshua G. Passer applied for a City of Janesville Operator’s License. On September 28, 2011, I denied the application primarily based on his arrest record involving alcohol and controlled substances. Mr. Passer wrote a letter to the Alcohol License Advisory Committee (ALAC) appealing the denial of his application. The City Clerk’s office responded to Mr. Passer on October 11, 2011 via a letter and informed him he was scheduled to appear at the November 1, 2011 ALAC meeting. Mr. Passer failed to appear before the ALAC and plead his case. The ALAC voted unanimously to uphold the denial. Mr. Passer now appeals to the Common Council. The table below reflects Mr. Passer’s conviction record: Date Offense 01/31/2005 Possession of THC 02/20/2006 3 Cts. Disorderly Conduct – 1 Ct. Resisting and 1 Ct. Obstructing dismissed, but read in to DC convictions, 1 Ct. Recklessly Endangering Safety amended to DC 10/17/2007 Open Intoxicants in MV- Driver 03/31/2009 OWI – 1 st 10/08/2009 OWI – 2 nd , Obstructing cc: Eric Levitt, City Manager Jacob J. Winzenz, Director of Administrative Services 1 Community Development Department Memorandum November 14, 2011 TO: Janesville City Council FROM: Brad Schmidt, AICP, Associate Planner SUBJECT: Final CSM 11010-C, Joseph Black, 2 Lot CSM along Newcastle Drive. SUMMARY Joseph Black has requested the approval of a 0.83 acre two-lot CSM located along Newcastle Drive. The subject property is currently undeveloped and is being surveyed in order to create two lots for single-family residential development. DEPARTMENT RECOMMENDATION The Community Development Department and Plan Commission recommend that the City Council support a motion to approve Final CSM 11010-C subject to the addition of utility easement as requested by the Engineering Department and private utility companies having rights to serve the area. CITY MANAGER RECOMMENDATION The City Manager concurs with the Plan Commission recommendation. ANALYSIS A. The applicant proposes to subdivide a 0.83 acre lot into two separate lots. The proposed lots are zoned R1-Single and Two-Family Residence and meet the minimum lot area requirements. The lots are being created in order to be developed with single family residences. The subject lots are surrounded by existing single-family residences. B. The existing lot was originally surveyed in 2009 as part of CSM 09007-C. At that time, Storm Sewer and Street Light assessments were paid. C. The Pedestrian Transportation Corridor Plan adopted by the City Council on 14 January 2008 establishes an official sidewalk map that affects all streets in the City of Janesville. The map identifies the subject portion of Newcastle Drive as part of the “orange sidewalk” category which signifies future unplanned, unfunded sidewalk. In accordance with the Sidewalk Ordinance, future unplanned, unfunded sidewalk will only be constructed at the request of a resident, or as determined by the Engineering Department. Therefore, this survey is not subject to special assessments for the construction of sidewalk improvements at this time. However, sidewalks are planned along the south side of Newcastle Drive directly across from the subject site. D. The final survey must include all existing utility easements and additional utility easements as requested by the utility companies having rights to serve the area. Existing utility easements remain in effect unless specific action is taken to release said easements. IV. PLAN COMMISSION ACTION – 7 November 2011 The Plan Commission unanimously agreed to forward CSM 11010-C to the City Council with a favorable recommendation subject to the addition of utility easement as requested by the Engineering Department and private utility companies having rights to serve the area. cc: Duane Cherek q Ô»¹»²¼ Í«¾¶»½¬ Í·¬» Ü¿¬»æ ïðñïéñïï Í½¿´»æ ïþã ïîððù Ó¿° Ý±±®¼·²¿¬»æ Ïóîï ÔÑÝßÌ×ÑÒ ÓßÐ Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ ÓßÐ ï ÝÍÓ ïïðïðóÝ ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ ÍæÐ®±¶»½¬ÄÐ´¿²²·²¹ÄÍ«®ª»§Ó¿°ÄÍ«®ª»§Ó¿°óîðïïÄÏóîïÁïïðïðóÝ ADMINISTRATIVE SERVICES MEMORANDUM October 27, 2011 TO: City Council FROM: Tim Wellnitz, Assistant City Attorney SUBJECT: Authorization for the Administration to Deny a Liability Claim brought on behalf of Colin T. Cabelka in the amount of $53,000. On May 4, 2010, an accident occurred between a bicycle ridden by Colin T. Cabelka and a City of Janesville garbage truck resulting in personal injuries to Mr. Cabelka. On October 25, 2011, a demand was received from Habush Habush & Rottier S.C. for the personal injuries received by Colin T. Cabelka in the amount of $53,000.00. After investigating this incident, and with the concurrence of the City’s Insurance Claims Representative at Cities & Villages Mutual Insurance Company (CVMIC), it has been determined that the City should deny this claim. Resolution 89-1175, establishing our claims administration procedure, states in section 4.3a: The City Claims Administrator shall review, investigate, verify and within ninety (90) days of receiving such claim, prepare and forward a written recommendation to the Common Council for its review, consideration, and action each and every claim in face amount greater than Five Thousand Dollars ($5,000). I recommend that the City Council deny by consent and authorize the Administration to deny the claim received on behalf of Colin T. Cabelka in the amount of $53,000.00. cc: Eric Levitt, City Manager Jacob J. Winzenz, Director of Administrative Services/Assistant City Manager CITY MANAGER’S OFFICE MEMORANDUM October 28, 2011 TO: City Council FROM:Rebecca Smith, Management Assistant SUBJECT: Action on a proposed resolution recognizing the week of November 12-18, 2011 as Community Foundation Week (Resolution No. 2011-850) Request Council President George Brunner requested a resolution recognizing the week of November 12-18, 2011 as Community Foundation Week. Recommendation Staff and the City Manager recommend the Council approve Resolution 2011-850 recognizing the week of November 12-18, 2011 as Community Foundation Week. Suggested Motion Text I move to approve Resolution 2011-850 recognizing the week of November 12-18, 2011 as Community Foundation Week. Background Community foundations are independent, public entities that steward philanthropic resources from institutional and individual donors to local nonprofits. Launched in 1989 through a proclamation by former president George H.W. Bush, the first Community Foundation Week included a congressional briefing about the work of community foundations throughout America and their collaborative approach to working with the public, private, and nonprofit sectors to address community problems. The Community Foundation of Southern Wisconsin (CFSW) matches personal philanthropy with community needs. The CFSW assists donors in supporting causes they care about; helps nonprofit organizations establish funds to support their programs and operations; facilitates grants and scholarships from more than 500 CFSW component funds; and safeguards assets to ensure enduring charitable contributions will continue. The CFSW has been involved in several projects related to the city including holding funds for the Friends of Lustig Park; Friends of Traxler Park; Peace Park project, the outdoor skate park, and Janesville Youth Baseball and Softball fields. CFSW has an endowment fund for CAMDEN Park to help maintain the playground. The City has received CFSW grants for the Rock Trail Coalition bicycle trail land acquisition, Tallman House restoration, and 2008 flood recovery for trees at Traxler and Riverside Parks. Ms. Sue Conley of the Community Foundation of Southern Wisconsin will be present at the council meeting to accept the resolution. Attachment: File Resolution 2011-850 CC: Eric Levitt, City Manager Jacob J. Winzenz, Assistant City Manager Resolution No. 2011-850 A resolution recognizing the week of November 12-18, 2011 as Community Foundation Week WHEREAS , the Community Foundation of Southern Wisconsin encourages citizens to give back to the community; and WHEREAS , philanthropy is a hallmark of the American character; and WHEREAS , the Community Foundation of Southern Wisconsin dedicates itself to improving the quality of life for Janesville citizens; and, WHEREAS , the Community Foundation of Southern Wisconsin encourages an appreciation of culture and the arts; and WHEREAS , the Community Foundation of Southern Wisconsin works to strengthen the education of our community’s children; and WHEREAS , the Community Foundation of Southern Wisconsin responds to today’s concerns and tomorrow’s visions through grants awarded to local organizations serving the citizens of our city; and WHEREAS , it is only appropriate to acknowledge and salute such an outstanding effort to support and enhance Janesville’s vitality and quality of life. NOW, THEREFOREBE IT RESOLVED by the Common Council of the City of Janesville on th this 14 day of November, 2011 that the week of November 12 -18, 2011 be recognized as Community Foundation Week; and BE IT FURTHER RESOLVED by the Common Council to urge all citizens of Janesville and the surrounding area to celebrate philanthropy and support our community’s charitable efforts to ensure future funding for the betterment of our community and citizens. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Eric J. Levitt, City Manager Dongarra-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 Prepared by: Mgt Asst ADMINISTRATIVE SERVICES MEMORANDUM November 14, 2011 TO: City Council FROM: Jacob J. Winzenz, Dir. of Admin. Services/Asst. City Manager SUBJECT: Public Hearing and Possible Action on FY2012 Proposed City and Library Budgets On October 10, 2011, the proposed 2012 City and Library budgets were distributed to the City Council. As proposed by the City Manager, the 2012 City and Library budgets had a net increase of $211,737 in total expenditures (including debt service). However, total revenue (including applied fund balance) decreases $536,387 resulting in an increase in the municipal tax levy, without TIF, of $748,124, or 2.61%. This increase in the tax levy, plus the TIF tax levy, results in a 3.12% increase in the tax levy for municipal purposes. Even though the tax levy is increasing, the owner of an average home assessed at $120,100 will see a decrease in their property tax bill of approximately $8.58 per year. Over the following three weeks the City Council held three (3) study sessions with staff on the proposed budget and made numerous adjustments. These adjustments result in no net change in the proposed 2012 tax levy. A summary of these adjustments are attached for your review. A public hearing on the proposed 2012 City and Library budgets is scheduled during the November 14, 2010 City Council meeting. At this time it would be appropriate to open the public hearing, receive any comments regarding the proposed budgets, and then continue the public hearing to November 28, 2011. The City Council may also discuss the proposed budgets and make amendments. At the meeting on November 28, 2011, the public hearing on the proposed budget will be continued and then closed. Following the public hearing, the City Council may discuss, make amendments to, and then take action upon the proposed 2012 City and Library budgets. The City Council will then need to schedule a very brief special meeting to set the tax levy. The City Manager’s office suggests this meeting be held at 7:00 a.m. on December 5, 2011 or December 6, 2011. pl Proposed 2012 Municipal Tax Rate & Levy Comparison 11/7/2011 For Years Indicated Below AmountPercentage AdoptedProposedIncreaseIncrease 20112012(Decrease)(Decrease) Tax Levy: Municipal Property Tax Levy$28,645,563$29,393,687$748,1242.61% TIF Levy857,4911,029,382171,89120.05% Total Tax Levy$29,503,054$30,423,069$920,0153.12% Tax Rates: Municipal Property Tax Rate$8.1303$7.6384($0.4919)-6.05% TIF Tax Rate0.24330.26750.02429.95% Total Tax Rate$8.3736$7.9059($0.4677)-5.59% Taxes Paid (Ave. Home 2010 $114,000; 2011 $120,100) Municipal Purposes$926.85$917.37($9.48)-1.02% TIF27.7432.134.3915.83% Total Taxes Paid$954.59$949.50($5.09)-0.53% Assessed Valuation (estimate)$3,523,305,580$3,848,151,430$324,845,8509.22% Ave. Home Assessed Valuation$114,000$120,100 AmountPercentage AdoptedProposedIncreaseIncrease Municipal Purposes20112012(Decrease)(Decrease) Operations Levy (w/o TIF): General Fund$20,454,560$21,005,162$550,6022.69% Library2,966,8332,986,41919,5860.66% Total Operation Levy $23,421,393$23,991,581$570,1882.43% (w/o TIF) Debt Levy : General Fund$4,983,084$5,186,604$203,5204.08% Library241,086215,502(25,584)-10.61% Total Debt Levy $5,224,170$5,402,106$177,9363.41% Levy without TIF$28,645,563$29,393,687$748,1242.61% Non-Property tax Rev/Applied Fund Bal$17,043,469$16,507,082($536,387)-3.15% Total Expenditures$45,689,032$45,900,769$211,7370.46% Note: Municipal Tax Levy & Rate includes the General Fund and Hedberg Public Library. \\petey\COJHome\Finance & Administration\Accounting\Budget\2012\2012 Proposed Budget Characteristics.xlsMunicipal11/7/2011 pl Proposed 2012 General Fund Budget 11/7/2011 Characteristics AmountPercentage AdoptedProposedIncreaseIncrease 20112012(Decrease)(Decrease) Revenues: Non-Property Tax Revenues$14,910,600$14,747,150($163,450)-1.10% Transfers 350,000 160,000 (190,000)-54.29% Applied Fund Balance890,000825,000(65,000)-7.30% Total$16,150,600$15,732,150($418,450)-2.59% Expenditures: Operations$36,605,160$36,737,312$132,1520.36% Debt Service4,983,0845,186,604203,5204.08% Total$41,588,244$41,923,916$335,6720.81% Tax Levy: City Property Tax Levy$25,437,644$26,191,766$754,1222.96% TIF Levy761,463917,249155,78620.46% Total Tax Levy$26,199,107$27,109,015$909,9083.47% Tax Rates: City Property Tax Rate$7.2198$6.8063($0.4135)-5.73% TIF Tax Rate0.21620.23840.022210.27% Total Tax Rate$7.4360$7.0447($0.3913)-5.26% Taxes Paid (Ave. Home 2010 $114,000; 2011 $120,100) General Fund$823.06$817.44($5.6200)-0.68% TIF24.6528.633.980016.15% Total Taxes Paid$847.71$846.07($1.6400)-0.19% Assessed Valuation (estimate)$3,523,305,580$3,848,151,430$324,845,8509.22% Ave. Home Assessed Valuation$114,000$120,100 AmountPercentage AdoptedProposedIncreaseIncrease General Fund20112012(Decrease)(Decrease) Total Levy $25,437,644$26,191,766$754,1222.96% (w/o TIF) Less: Debt Service4,983,0845,186,604203,5204.08% Operations Levy $20,454,560$21,005,162$550,6022.69% (w/o TIF) \\petey\COJHome\Finance & Administration\Accounting\Budget\2012\2012 Proposed Budget Characteristics.xlsGeneral Fund11/7/2011 pl Proposed 2012 Hedberg Public Library Budget 11/7/2011 Characteristics AmountPercentage AdoptedProposedIncreaseIncrease 20112012(Decrease)(Decrease) Revenues: Non-Property Tax Revenues$834,199$774,932($59,267)-7.10% Applied Fund Balance58,6700(58,670)-100.00% Total$892,869$774,932($117,937)-13.21% Expenditures: Operations$3,859,702$3,761,351($98,351)-2.55% Debt Service241,086215,502(25,584)-10.61% Total$4,100,788$3,976,853($123,935)-3.02% Tax Levy: City Property Tax Levy$3,207,919$3,201,921($5,998)-0.19% TIF Levy96,028112,13316,10516.77% Total Tax Levy$3,303,947$3,314,054$10,1070.31% Tax Rates: City Property Tax Rate$0.9105$0.8321($0.0784)-8.61% TIF Tax Rate0.02740.02910.00176.20% Total Tax Rate$0.9379$0.8612($0.0767)-8.18% Taxes Paid (Ave. Home 2010 $114,000; 2011 $) Library Purposes$103.80$99.94($3.8600)-3.72% TIF3.123.490.370011.86% Total Taxes Paid$106.92$103.43($3.4900)-3.26% Assessed Valuation (estimate)$3,523,305,580$3,848,151,430$324,845,8509.22% Ave. Home Assessed Valuation$114,000$120,100 AmountPercentage AdoptedProposedIncreaseIncrease Library20112012(Decrease)(Decrease) Total Levy $3,207,919$3,201,921($5,998)-0.19% (w/o TIF) Less: Debt Service241,086215,502(25,584)-10.61% Operations Levy $2,966,833$2,986,419$19,5860.66% (w/o TIF) \\petey\COJHome\Finance & Administration\Accounting\Budget\2012\2012 Proposed Budget Characteristics.xlsLibrary11/7/2011 P.L. 11/4/11 City of Janesville City Council Budget Adjustments 2012 Budget General Fund Tax Levy Proposed$ 26,191,766 Council Changes: October 20, 2011 Recreation $ 2,500 Reductionofrevenueassociatedwithalcoholpermit salesforuseinParkpavillionsandatMainSt. Entertainment. Subtotal$2,500 Council Changes: November 3, 2011 Recreation- Ice $ (2,500) Increaseicerentalfees$5.00perhourafterfacility renovation (9/1/12) Parks - Increaseovertimeexpenseby$10,000toprovide weekendcleaininganddecreasetreefundingby $10,000. Subtotal-$2,500 Total General Fund Tax Levy as of November 3, 2011$ 26,191,766 Other Funds Budgets Adjustments Council Changes: November 3, 2011 Sanitation$ 130,000 Increase tipping fee to $35 ton Sanitation 200,000 Maintain tonnage at landfill at 2011 levels Total Revenue Increase for Sanitation Fund$ 330,000 \\Petey\Budget\Orientation\Budget Admin and Distribution\2012\Summary of Council Budget Adjustments 2012.xlsx Community Development Department Memorandum Date: November 14, 2011 TO: Janesville City Council FROM: Gale Price, Building & Development Services Manager SUBJECT: Second reading, public hearing and action on a proposed ordinance amending Chapter 15 (Building Code) of the Code of General Ordinances of the City of Janesville to revise the height threshold and fence height requirements for swimming pools and hot tubs to include a security fence around the facility (File Ordinance No. 2011-500). _____________________________________________________________________ I. RECOMMENDATION Community Development Department recommends that the City Council adopt file ordinance No. 2011-500, amending Chapter 15 which revises the height threshold and fence height requirements for swimming pools and hot tubs. II. CITY MANAGER RECOMMENDATION The City Manager recommends approval. III. REQUEST Under the direction of the City Council, the Community Development Department has drafted an amendment to the Building Code which is Chapter 15 of the Code of General Ordinances to modify the height threshold and fence height requirements for swimming pools and hot tubs. The direction to modify the fence height requirements came after a citizen requested that the Council consider a modification to the Ordinance. IV. ANALYSIS A. The current pool and hot tub ordinance requires that any pool (temporary or permanent) having a side wall height of thirty (30”) inches or more to have fence around the facility of at least five (5’) feet in height. In addition a pool permit is required for any pool with a side wall of greater than thirty (30”) inches. As the ordinance has been historically applied, an above ground pool with a side wall height of five (5’) feet in height has not been required to have a fence around the pool if the ladder to get into the pool is securable. If an above ground pool is less than five (5’) feet in height and has a rail along the top and the ladder to enter the pool is locked, it also does not need an additional fence around it. B. The current ordinance is based on state law that requires a public pool to have a five foot fence around the facility. In the review of the Staff report and presentation on September 12, it was apparent that the height requirement for a fence around a pool in Janesville is more than all other comparable Wisconsin cities. In addition the pool wall height threshold in Janesville allows taller pools versus the comparable cities. As a result of the discussion the Council directed staff to modify the threshold requiring a fence and a pool permit from thirty (30”) inches to twenty-four (24”) and reduce the required fence height from five (5’) feet to four (4’) feet in height. C. The proposed ordinance includes the modifications as directed by the Council. In addition it includes a requirement for above ground pools of four (4’) in height to have a minimum twelve (12”) inch rail around them to keep persons from climbing into the pool from the side. When the proposed ordinance was drafted by staff it was felt that the additional rail should still be required because of the way the wall height relative to the fence height requirement has historically been handled. It was also felt to be appropriate given the occasional occurrence that topography of a lot diminishes the effectiveness of the side wall height. D. After the Council directed staff to make the modifications as proposed the Council was contacted by Tracy Schroeder who had made the original request, indicating that she also wanted the Council modify the ordinance to not require a pool permit for temporary pools as some communities do not impose a permit requirement for a temporary pool. Staff has not included such a provision in the proposal. The current ordinance requires a temporary pool to have a permit when wall height threshold (currently 30 inches) is met just as a permanent pool is required to have a permit. Because the hazard created by a temporary pool is just as great as a permanent pool, a permit should be required. Also if a permit is required for the pool it helps to ensure that Staff has the opportunity to review the fence requirements with the applicant and it increases the likelihood that the owner will comply with the regulations. In reviewing documentation provided by the National Drowning Prevention Alliance, they believe that all communities must handle temporary pools like a permanent pool and require fence barriers to protect those who are most vulnerable to drowning in such facilities (children 5 and under). Staff agrees with the Alliance and is not supporting a waiver of the permit requirement for temporary pools. E. During the discussion September 12, Council President Brunner indicated that he believed that there should be a conscious public information campaign regarding pool fence requirements. In review of the Department procedures, there has been information provided to a number of sources to educate the public including the use of the City web site, Park Place News and providing a letter to the manager of each retailer that Staff is aware of selling temporary pools. Specifically with regards to the retailers, they have not assisted the City by providing the information to their customers. As the City moves forward with implementation of the revised ordinance, Staff will meet with the retail managers to review the changes to the regulations and personally request that they provide the documentation for their customers. VI. SUMMARY The proposed ordinance has been drafted by Staff at the direction of the City Council to address a citizen concern. Staff believes that the modification to the pool wall height requirement and the fence height requirement is consistent with comparable Wisconsin communities and general safety practices. Staff does not believe that modification of the current regulations as proposed will create a liability for the City and will most likely increase safety as more pools will be required to include fences around them. COMPARABLE CITIES CURRENT REGULATIONS CITY POOL HIGHT FENCE HIGHT FENCE NOTES THRESHOLD MINIMUM REQUIREMENT APPLY TO TEMPORARY POOLS JANESVILLE 30 INCHES 60 INCHES (5 FOOT) YES EAU CLARE 24 INCHES 48 INCHES (4 FOOT) YES BELOIT 24 INCHES 54 INCHES (4.5 NO FOOT) FON DU LAC 12 INCHES 48 INCHES (4 FOOT) YES IF POOL IS DRAINED NIGHTLY NO FENCE REQUIRED APPLETON 24 INCHES 48 INCHES (4 FOOT) YES GREEN BAY NA 48 INCHES (4 FOOT) YES KENOSHA NA 48 INCHES (4 FOOT) YES LACROSSE NA 48 INCHES (4 FOOT) YES FENCE REQ DEFINED BY 250 SF AREA MANITOWOC 24 INCHES 48 INCHES (4 FOOT) YES OSHKOSH 24 INCHES 42 INCHES (3.5 YES FOOT) RACINE 12 INCHES 48 INCHES (4 FOOT) YES SHEBOYGAN 12 INCHES 48 INCHES (4 FOOT) YES WAUKESHA 42 INCHES 48 INCHES (4 FOOT) YES LARGE POOL HEIGHT PROPOSED 24 INCHES 48 INCHES (4 FOOT) YES CONSISTIENT JANESVILLE WITH COMPARABLE CITIES cc: Eric Levitt Jay Winzenz ORDINANCE NO. 2011- 500 An ordinance amending the City’s Building Code to revise the height threshold and fence height requirements for swimming pools and hot tubs to include a security fence around the facility, with penalties for violations thereof as set forth as applicable in JGO 15.02.130. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Section 15.01.280 of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: “15.01.280 SWIMMING POOLS – GENERAL A . Any outdoor swimming pool, hot tub or spa shall be constructed, equipped and maintained in such manner as to meet the requirements of the State Board of Health and the applicable codes of the City of Janesville. B . Every outdoor swimming pool, hot tub and spa with a side wall height of, or capable of a height of, 30 24 inches or more shall be enclosed with a fence or wall, not less than five (5’) four (4’) feet in height and of such design and construction that it cannot be climbed through or over or under. Fencing that is chain link shall be constructed of not less than eleven (11) thirteen (13) gauge corrosion resistant woven wire or other equivalent material and the fence posts shall be decay and corrosion resistant, set in concrete bases. Entrance shall be by means of a suitable gate or door of the same construction and height as the enclosure, which gate or door shall be kept closed and securely locked at all times when adequate supervision is not inside or within the enclosure. These requirements shall apply to outdoor swimming pools whether permanent or temporary. (1) Location – No portion of a pool or equipment, located outside a building shall be located less than eight (8) feet from any side or rear property line, nor less than 30 feet from any property line having street frontage. (2) Excepted from the requirement of a fence enclosure not less than five (5’) feet in height shall be those pools whose side walls and depth of the water therein does not exceed 30 inches in height or depth. (32) Excepted from the requirement of a fence enclosure not less than five (5’) four (4’) feet in height shall be those spas and hot tubs which have a locking cover constructed of sturdy material and in compliance with the ASTM F1346 standard, which cover shall be in place and locked when the hot tub or spa is not in use. (3) Excepted from the requirement of a full fence enclosure are above ground pools with side walls of greater than four feet in height which include a rail of at least twelve (12”) inches above the top of the pool and a secured entry into the pool. A lockable deck with gate or lockable ladder are secured entries. 1 SECTION II. This ordinance shall take effect immediately upon adoption by the Common Council, the public health, welfare, peace, tranquility, good order, public benefit, and police power so requiring. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Dongarra-Adams Eric J. Levitt, City Manager Liebert McDonald ATTEST: Rashkin Steeber Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Assistant City Attorney Proposed by: Common Council Prepared by: Community Development Department 2 CITY MANAGER’S OFFICE MEMORANDUM October 24, 2011 TO: City Council FROM:Eric Levitt, City Manager SUBJECT: Second reading, public hearing and action on a proposed ordinance amending the scheduling of regular common council meetings falling on certain holidays and other days, and affecting the order and conduct of business. (File Ordinance No. 2011-501) Request The City Manager requests the Council hold a public hearing and approve Ordinance 2011-501. This ordinance would allow the Council President to reschedule meetings that fall on holidays and to cancel or reschedule the second council meeting in December. This ordinance also updates other language to fit existing practices. Recommendation The City Manager recommends the Council consider Ordinance 2011-501. This ordinance would provide greater flexibility to the Council at the end of December which is a time that agendas are traditionally light. Suggested Motion Text I move to adopt Ordinance 2011-501 to amend the scheduling of regular common council meetings falling on certain holidays and other days, and the order and conduct of business. Ordinance 2011-501 Section 2.04.010B allows the Council President to reschedule meetings that fall on holidays and also allows the Council President to cancel or reschedule the second meeting in December. Section 2.040.20 updates the language from “councilmen” to “council members”. Section 2.04.030 allows the Council to hold special meetings at any designated location; the current ordinance requires all meetings be held in the Council Chambers. Section 2.04.040 updates the order of business to include Call to Order and Pledge of Allegiance as the first item. CC: Jacob J. Winzenz, Assistant City Manager ORDINANCE NO. 2011-501 An ordinance amending the scheduling of regular common council meetings falling on certain holidays and other days, and affecting the order and conduct of business. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Section 2.04.010 B. of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: “2.04.010 B. When a regular meeting date falls on a legal holiday, Christmas Eve or New Year’s Eve that regular meeting shall be cancelled but may be held on a different week day to be determined by the Council President prior to the next regularly scheduled council meeting, with prior notice to the Council Members. The Council President may also cancel or reschedule the second meeting of December.” SECTION II. Section 2.04.020 of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: “2.04.020 Special . Special meetings may be called by the president of the council, or by any two council members, or by the city manager by written notice as required by Section 62.11(2) of the Revised Statutes of Wisconsin; provided however, that such notice of a meeting may be waived by any member.” SECTION III. Section 2.04.030 of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: “2.04.030 Time--Place . Regular meetings of the council shall be held in the council chambers at the city hall at seven o'clock p.m. Special meetings shall be held at the place and at the time designated in the notice thereof.” SECTION IV. Section 2.04.040 of the Code of General Ordinances of the City of Janesville is hereby amended and renumbered to read as follows: “2.04.040 Order of business .* The order of business shall be: A. Call to Order and Pledge of Allegiance B. Roll call; C. Minutes of previous meeting(s); D. Licenses, financial gain request(s), waiver of special assessment(s), monthly financial report(s), citizen recognition(s) and proclamation(s), certified survey map(s), and liability claim(s). In any order determined by the presiding officer. E. Old business; F. New business; G. Matters not on the agenda; H. Adjournment.” ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Dongarra-Adams Liebert Eric J. Levitt, City Manager McDonald Rashkin ATTEST: Steeber Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Wald Klimczyk, City Attorney Proposed by: City Manager Prepared by: Manager’s Office and City Attorney FINANCE ADMINISTRATION MEMORANDUM November 14, 2011 TO: City Council FROM: Jacob J. Winzenz, Dir. of Administrative Services/Assistant City Manager SUBJECT: Action on a Proposed Resolution Awarding $13,920,000 in General Obligation Promissory Notes, Series 2011 of the City of Janesville. Wisconsin. Establishing Interest Rates Thereon and Levying Taxes Therefor (File Res. 2011-843) At 10:30 AM this morning, we conducted the bid opening of our $13,920,000, Series 2011, Note Issue. We received bids from four (4) different marketing groups who submitted net interest rate bids ranging from 2.4258% to 3.0490%. Please find attached a table which identifies the Account Managers and their respective net interest rates offered (Exhibit I). The Administration requests that the Council adopt Resolution #2011-843 awarding the sale of $13,920,000 in promissory notes to Robert Baird & Co., Red Bank, NJ (Exhibit II). Attachments 1 2 RESOLUTION NO. 2011-843 RESOLUTION AWARDING $13,920,000 GENERAL OBLIGATION PROMISSORY NOTES, SERIES 2011, OF THE CITY OF JANESVILLE, WISCONSIN, ESTABLISHING INTEREST RATES THEREON AND LEVYING TAXES THEREFOR WHEREAS, this City Council has heretofore authorized the issuance and sale of $13,920,000 General Obligation Promissory Notes, Series 2011 (the “Notes”), in a resolution adopted on October 26, 2011 and entitled “Resolution Authorizing the Issuance of $13,920,000 General Obligation Promissory Notes, Series 2011, of the City of Janesville, Wisconsin, and Providing the Details Thereof”; and WHEREAS, pursuant to advertised public sale the following sealed bids were received for the Notes on November 14, 2010, by 10:30 a.m., local time: Names of Bidders (Account Manager) Net Interest Rates Robert W. Baird & Co., Red Bank, NJ 2.425764 Citigroup Global Markets Inc., Chicago, IL 2.779630 Hutchinson, Shockey, Erley & Co., Chicago, IL 2.796843 US Bancorp Investments, Inc., New York, NY 3.049023 ; and WHEREAS, it has been determined that the highest and best bid for the Notes was that of Robert W. Baird & Co., Red Bank New Jersey, which bid is as follows: WHEREAS, it is now necessary to award the Notes to the successful bidder and to establish the interest rates thereon; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Janesville, Wisconsin, as follows: Section 1. Sale of Notes . The sale of $13,920,000 General Obligation Promissory Notes, Series 2011, to Robert W. Baird & Co., at a price of $13,920,000 and accrued interest to the date of delivery is hereby ratified and confirmed. Section 2. Interest Rates . The Notes shall mature on February 1 of the following years, and bear interest at the following rates, payable on February 1, 2012 and each August 1 and February 1 thereafter: 3 Maturities Amounts ($) Interest Rates (%) 2012 1,200,000 2.00% 2013 1,375,000 2.00 2014 1,100,000 2.00 2015 1,420,000 2.00 2016 1,475,000 2.00 2017 1,525,000 2.00 2018 1,475,000 2.00 2019 1,300,000 2.25 2020 1,525,000 3.00 2021 1,525,000 3.00 Section 3. Redemption Provisions . The Notes maturing on or after February 1, 2020 shall be subject to redemption prior to maturity as a whole or in part at the option of the City upon notice as therein provide, in any order of maturity and by lot within a single maturity, on February 1, 2019, and on any date thereafter, at a redemption price equal to 100% of the principal amount thereof to be redeemed plus accrued interest to the redemption date and without premium. Section 4. Execution and Delivery; Borrowed Money Fund . The Notes shall be executed by the City Manager and the City Clerk in the manner heretofore provided, and upon authentication by Wells Fargo Bank, N.A., Chicago, Illinois, as note registrar, shall thereupon be delivered by the City Clerk to the purchaser upon payment of the purchase price. The principal proceeds from the sale of the Notes shall be paid into the City treasury and entered in a fund separate and distinct from all other funds, which fund shall be designated “General Obligation Promissory Notes, Series 2011, Borrowed Money Fund.” Money in said funds shall be used solely for the purposes for which the Notes were issued, including repayment of any temporary loan or reimbursement of any temporary advance made in anticipation of the issuance of said Notes. Section 5. Tax Levy . For the purpose of paying the principal amounts of the Notes as the same shall mature, and to pay the interest thereon as the same shall come due, there is hereby levied, for each year in which any of the Notes shall be outstanding, direct, annual, irrepealable taxes in amounts fully sufficient to pay such principal and interest, and the specific amounts levied for each year are as follows: Amount of Principal Year of Levy and Interest 2011 $1,396,100.00 2012 1,649,400.00 2013 1,349,650.00 2014 1,644,450.00 2015 1,670,500.00 2016 1,690,500.00 2017 1,610,500.00 2018 1,406,125.00 2019 1,593,625.00 2020 1,547,875.00 4 Section 6. Extension of Taxes . The amounts of taxes levied pursuant to Section 4 hereof shall be carried onto the tax roll by the City from year to year and collected as other taxes are collected, and such amounts may be reduced in any year only by any amount of surplus money in the Debt Service Fund created pursuant to Section 67.11, Wisconsin Statutes. Section 7. Debt Service Fund . There is hereby created a fund to be known as “General Obligation Promissory Notes, Series 2011, Debt Service Fund” to be established and maintained in accordance with generally accepted accounting principles. Into the Debt Service Fund there shall be deposited the following: (a) all premium and accrued interest from the sale of the respective Notes; (b) all allocable money raised by taxation pursuant to Section 4 hereof; (c) any surplus in the Borrowed Money Fund created in Section 3 hereof; and (d) such additional amounts as may at any time be necessary to pay the principal of and interest on the respective Notes as the same shall become due. Section 8. Dated Date . The Notes shall be initially dated the date of their delivery. Section 9. Continued Validity . If any section, paragraph, clause or provision of this resolution shall be invalid or ineffective for any reason, the remainder of this resolution shall remain in full force and effect, it being expressly hereby found and declared that the remainder of this resolution would have been adopted by the City Council despite the invalidity of such section, paragraph, clause or provision. Section 10. Effective Date . All orders or resolutions in conflict herewith are hereby repealed insofar as such conflict exists, and this resolution shall take effect immediately upon its passage, the public welfare requiring it. 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: Administrative Services Department Prepared by: Director of Administrative Services 5 LEISURE SERVICES DEPARTMENT MEMORANDUM MEMO TO: Council Member Deb Dongarra-Adams MEMO FROM: Shelley Slapak, Acting Recreation Director SUBJECT: Senior Center Accreditation DATE: November 7, 2011 ______________________________________________________________________ BACKGROUND INFORMATION The Janesville Senior Activity Center has long been a leader in the state of Wisconsin with innovative programming and a stand out facility. In 2011 the Senior Activity Center is home to over 700 members who use the facility for recreation, socialization, fitness, and skill building. Our Senior Activity Center has an excellent staff, strong board of directors, and a vast amount of volunteers that keep the place thriving. The Janesville Senior Activity Center has been a longtime member of the Wisconsin Association of Senior Centers. WASC encourages their member Senior Centers, both municipal and privately run to become accredited. By receiving accreditation status it shows that your policies and procedures meet standards set by WASC. Of the 300 member Senior Centers of WASC, only 30 Senior Centers are currently accredited. The Janesville Senior Center staff began their accreditation quest over a year ago by assembling an accreditation committee consisting of the following seniors, Terry Burrington, Ralph Honneyset, Jeanette Schultz, Jo Anne Hansen, Linda Rufer, and Craig Rau. The team met twice a month for the past year and increased their meetings to one per week for the past two months. The team compiled an accreditation manual which included policies and procedures of the Senior Center for various areas including (Mission Statement, Goals, Community Resources, Programming, Evaluation Procedures, Emergency Procedures, Fiscal Management, Personnel Policies, and Facility Standards). RECEIPT OF ACCREDITATION Following the completion of the manual, our staff, Senior Center accreditation team, and Senior Center board members met with the review team for WASC’s accreditation process. The review team asked questions of the group, reviewed our practices and toured our facility. At the conclusion of the meeting, the Janesville Senior Center was verbally informed that they were a prime candidate for accreditation. The Janesville Senior Center officially received its accreditation award at the WASC (Wisconsin Association of Senior Centers) conference in Green Lake on September 29. Present at the conference to receive the award were Janet McLean, Pat Tobin and the accreditation committee who worked on achieving this award. The accreditation took one year to accomplish. PRESENTATION TO COUNCIL The Janesville Senior Activity Center is proud to receive this designation and to share the success with the City Council. The Senior Activity Center is a thriving place to be for those 50 and up, due in large part to the support of the City Council. Cindy McGlynn, the 2010-2011 WASC President will do a short presentation to the City Council and award the Senior Center their Accreditation plaque. Cc: Eric Levitt, City Manager Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services 2 ADMINISTRATIVE SERVICES MEMORANDUM November 4, 2011 TO: City Council FROM: Jacob J. Winzenz, Dir. of Admin. Services/Assistant City Manager SUBJECT: Action on a Proposed Resolution Reducing the Interest Rate for Property Owners who had Sidewalk Installed in 2011 and Elect to Have payments Spread Over Five (5) Years. (File Res. 2011-855) Summary At the City Council meeting on October 24, 2011 the City Council approved File Resolution 2011-742 which authorized the installation of sidewalks at various location in the City of Janesville in 2012. During the deliberations on that resolution an amendment was approved which reduced the interest rate from 6% to 3% for property owners who elect to have payments spread over five (5) years. At that time the City Council expressed their desire to provide the same interest rate relief to those property owners who had sidewalk installed in 2011. File Resolution 2011-855 directs that the City Clerk-Treasurer reduce the interest rate from 6% to 3% for property owners who had sidewalk installed in 2011 and who elect to have payments spread over five (5) years. Recommendation While the amount may not be significant, this proposal is likely to add to the deficit in the Special Assessment fund which will ultimately need to be funded through the property tax levy. Therefore, the Director of Administrative Services does not recommend the adoption of File Resolution 2011-855. However, if the City Council chooses to proceed I would recommend that a pre-payment penalty in the amount of $100 be included to offset the interest cost. City Manager Recommendation The City Manager shares the concern of the Administrative Services Director. I also believe it may create concerns with individuals who are on 5 year payment plans prior to the 2011 program, who may like their interest rates also lowered. Analysis The City has historically financed a variety of public improvements and has historically charged interest at approximately 3% above our borrowing rate. This 3% is intended to cover costs such as:  Debt issuance expense  Administrative costs to process and track payments  Interest costs resulting from pre-payment In order to go to market and issue debt the city incurs costs for financial advisory and bond counsel services. In the last several years these costs have averaged between $44,000 and $48,000. While some of these costs are fixed, others are related to the size of the note issue. By reducing the interest rate we charge it will be more difficult to recover these variable costs of debt issuance. In addition, when property owners who have elected to spread their assessments over five (5) years pay the balance early (pre-pay) it costs the special assessment fund money, at least in the current investment environment. This is because we borrow the funds over six (6) years but cannot repay that debt early. Therefore, we pay interest on the amount we borrowed (currently 2.0% - 2.5%) over the entire six (6) years. When a property owner pays early they stop paying us interest. We can invest the payment, but current interest rates are much less than our borrowing rate (Local Government Investment Pool is at .11%). Therefore, every pre-payment costs the special investment fund between 1.89% and 2.39% per year. If we assume an interest rate of 2.0% and sidewalk cost of $2,000, this represents $40 for every year the assessment is pre-paid. 2 RESOLUTION NO. 2011-855 RESOLUTION REDUCING THE INTEREST RATE FOR PROPERTY OWNERS WHO HAD SIDEWALK INSTALLED IN 2011 AND ELECT TO HAVE PAYMENTS SPREAD OVER FIVE (5) YEARS WHEREAS , on October 25, 2010 the Common Council of the City of Janesville approved File Resolution 2010-742 which authorized the installation of sidewalk at various locations throughout the City of Janesville during 2011; and WHEREAS , under the terms contained within that Resolution property owners who have sidewalks installed may elect to have payments spread over a period of five (5) years at an interest rate of 6%; and WHEREAS , on October 24, 2011 the Common Council of the City of Janesville approved File Resolution 2011-834 which also authorized the installation of sidewalk at various locations throughout the City of Janesville during 2012; and WHEREAS , during the deliberations on File Resolution 2011-834 an amendment was offered and approved reducing the interest rate from 6% to 3% for property owners who elect to have payments spread over a period of five (5) years; and WHEREAS , it is the desire of the Common Council to provide this same interest rate of 3% to property owners who had sidewalk installed in 2011 and who elected to have payments spread over a period of five (5) years; NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Janesville, that they hereby authorize and direct the City Clerk-Treasurer to reduce the interest rate from 6% to 3% for property owners who had sidewalks installed under the 2011 sidewalk program under Resolution No. 2010-742 and who elected to have payments spread over a period of five (5) years, and to that extent alone, Resolution No. 2010-742 is hereby reopened, so amended, and closed; and BE IT FURTHER RESOLVED, that the City Manager, and his designees, are hereby authorized to negotiate, draft, prepare, execute, file and modify such other documents, papers and agreements ancillary and/or pertaining thereto and, from time to time, to take and/or make whatever other minor actions and/or minor modifications to the above described agreements as the City Manager and/or his designee may deem necessary and/or desirable to effectuate the purposes of such agreements and the intent of this resolution. Resolution No. 2011-847 Page 2 ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Eric J. Levitt, City Manager Dongarra-Adams ATTEST: Liebert McDonald Jean Ann Wulf, City Clerk-Treasurer Rashkin APPROVED AS TO FORM: Steeber Voskuil Wald Klimczyk, City Attorney Proposed by: City Council Prepared by: Director of Administrative Services CITY MANAGER’S OFFICE MEMORANDUM September 22, 2011 TO: City Council FROM:Rebecca Smith, Management Assistant SUBJECT: Action on a proposed resolution supporting the establishment of a recreation water trail along the course of the Rock River and a scenic and historic road route through the City of Janesville (Resolution 2011-840) Request The Rock River Trail Initiative recently contacted Leisure Services requesting the City’s support and the Leisure Services Department’s involvement with their initiative to establish a recreation water trail and a scenic and historic road route along the Rock River. Having learned about the initiative and with feedback from the Leisure Services Advisory Committee, staff requests the Council approve Resolution 2011-840 in support of establishing a recreation water trail along the Rock River and a scenic and historic road route through the City of Janesville. Recommendation Staff recommends the Council approve resolution 2011-840. City Manager Recommendation The City Manager concurs with the recommendation. Suggested Motion I move to approve file resolution 2011-840 to support the establishment of a recreation water trail along the Rock River and a scenic and historic road route through the City of Janesville. Background Information The mission of the Initiative is to establish and interpret a Rock River Water Trail along the 300-mile river course from the headwaters in Fond du Lac County, Wisconsin, to the Mississippi River at Rock Island, Illinois, and a separate Rock River Route on roads within the river corridor to provide access for all to the natural resources, recreational opportunities, scenic beauty and historic and cultural assets of the Rock River Valley. More information about the group is attached. A water trail is a designated route, in this case the Rock River, which encourages enthusiasts to canoe, kayak, or boat in the body of water. A water trail is similar to a bike trail in that it offers a recreational opportunity, but the route is in the water, instead of on the ground. The group is also interested in creating a road route that travels near the river for those wishing to take in the picturesque scenes and natural beauty along the river; this route would not be a state and federal designated scenic byway; rather, the route would be less formal and not require any official designations. This initiative does not require any ongoing or significant financial contribution by the City and this group has no regulatory authority. In the future there may be small expenses for signage, but staff has made it clear to the group that Parks does not have funding available for any major initiatives. This group is also exploring grant opportunities to offset expenses/improvements along the river. This group is interested in promoting the positive benefits that the Rock River brings to communities along the river and to enhance the economic, cultural, historic, and recreational opportunities along the river. This group has made presentations to several municipalities in Wisconsin, including Beloit, Rock County and several in Jefferson County. They are gaining momentum and support and desire Janesville to join their partnership. Mr. Greg Farnham, Coordinator of the Rock River Trail Initiative in Wisconsin, met with the Leisure Services Advisory Committee, as well as representatives from the Rock Aqua Jays and the Janesville Convention and Visitors Bureau during a recent Leisure Services Advisory committee meeting. Following his presentation, the Committee motioned to be in support of the initiative. Additionally, a member of the Rock Aqua Jays was supportive and offered to serve on their board. If the Council chooses to approve this resolution, a copy of the signed resolution would be given to Mr. Farnham and the Parks Division would serve as his contact regarding the Initiative. Resolution References: Land Legacy Report - http://dnr.wi.gov/master_planning/land_legacy/report.html America’s Great Outdoors Initiative - http://americasgreatoutdoors.gov/ State Trails Network Plan for the South Central Region - http://dnr.wi.gov/org/land/parks/reports/trails/scr.html City of Janesville Parks and Open Space Plan, pages 21 and 22 http://www.ci.janesville.wi.us/index.aspx?page=214 ( Park and Open Space Plan - Text Only.pdf) Attachments: Resolution 2011-840 Rock River Trail Initiative attachment Approved minutes of Leisure Services Advisory Committee meeting CC: Eric Levitt, City Manager Jacob J. Winzenz, Assistant City Manager FILE RESOLUTION NO. 2011-840 A resolution supporting the establishment of a recreation water trail along the course of the Rock River and a scenic and historic road route through the City of Janesville WHEREAS, the mission of the Rock River Trail Initiative is to establish and interpret a Rock River Water Trail along the 300-mile river course from the headwaters in Fond du Lac County, Wisconsin, to the Mississippi River at Rock Island, Illinois, and a separate Rock River Route on roads within the river corridor to provide access for all to the natural resources, recreational opportunities, scenic beauty and historic and cultural assets of the Rock River Valley; and WHEREAS, the Rock River Trail Initiative requested the involvement of the City of Janesville in this initiatives and have demonstrated their desire to obtain feedback from the City to enhance the economic, cultural, historic, recreational opportunities along the Rock River; and WHERAS, President Obama’s America’s Great Outdoors Initiative of 2010 is designed to reconnect Americans, especially children, to America’s rivers, waterways, parks and landscapes; and WHEREAS, the Rock River is a Legacy Place named in the Wisconsin Land Legacy Report and recognized as a major natural resource corridor with potential for recreation, scenic and historic trails; and WHEREAS, the Wisconsin State Trails Network Plan for the South Central Region includes trail number 34, Rock River-Watertown to Beloit, with potential for rail, roadway and natural resource corridors; and WHEREAS, the Rock County Parks, Outdoor Recreation & Open Space Plan calls for partnerships to develop a Rock River Trail” from Janesville through Beloit to the Illinois state line and connectivity with other scenic and recreation trails, including the Ice Age National Scenic Trail; and WHEREAS, the City of Janesville Parks and Open Space Plan calls for the City to promote the Rock River corridor as an environmental corridor of regional significance and increase the diversity of land and water based recreational opportunities; and WHEREAS, Wisconsin is an integral part of a two-state initiative to establish a national recreation water trail known as the Rock River Water Trail and a separate Rock River Route on roads within the river corridor through Wisconsin and Illinois; and WHEREAS, Janesville has a long history of supporting initiatives concerning the Rock River, such as purchasing riverfront for open space; leasing land to the Rock Aqua Jays for their skiing performances; and encouraging recreational opportunities along the river, such as boating and fishing; and NOW, THEREFORE BE IT RESOLVEDby the Common Council of the City of th Janesville on this 14 day of November 2011 that the City of Janesville supports the establishment of a recreation water trail along the course of the Rock River and a scenic and historic road route through the City of Janesville. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Dongarra-Adams Liebert Eric J. Levitt, City Manager McDonald Rashkin ATTEST: Steeber Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Wald Klimczyk, City Attorney Proposed by: Rock River Initiative Prepared by: Mgt. Asst. 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Ý¿³°¹®±«²¼ ×²½ ²° Û¿¬ Ó±´·²» Ô«²¼»»² Ô¿²¼·²¹ ²° Ó±´·²» Î±½µ ×´¿²¼ Í»¿® Ü¿³ Ó·´¿v ² v Ó·´¿² Í¬»»´ Ü¿³ Î±½µ ×´¿²¼ Ø»²®§ Ý¸·»º Õ»±µ«µñÖ±¸²±²óÍ¿«µ Ì®¿·´ ²° Õ»©¿²»» k Ì¸· ³¿° ©¿ ½±³°·´»¼ ¾§ É·²Ù×Í ±² ðìñïìñïðò É·²Ù×Í ³¿µ» ²± ©¿®®¿²¬·»ô »·¬¸»® »¨°®»»¼ ±® ·³°´·»¼ ¿ ¬± ¿²§ ³¿¬¬»® ©¸¿¬±»ª»®ô ·²½´«¼·²¹ô ©·¬¸±«¬ ´·³·¬¿¬·±²ô ¬¸» ½±²¼·¬·±² ±º ¬¸» °®±¼«½¬ô ±® ·¬ º·¬²» º±® ¿²§ °¿®¬·½«´¿® °«®°±»ò Ì¸» ¾«®¼»² º±® Ó·´» ¼»¬»®³·²·²¹ º·¬²» º±® «» ´·» »²¬·®»´§ ©·¬¸ ¬¸» «»®ò ðîòëëïðïëîð×´´·²±· Í¬¿¬» Ð´¿²» Ý±±®¼·²¿¬» Í§¬»³ô É»¬ Æ±²» Ò±®¬¸ ß³»®·½¿² Ü¿¬«³ ±º ïçèí LEISURE SERVICES ADVISORY COMMITTEE MEETING MINUTES TH SEPTEMBER 13,2011 7:00 PM MUNICIPAL BUILDING FOURTH FLOOR TRAINING ROOM #416 Members Present: Lorie Markus, Betty Schwarz, Benjamin Dobson, Sandra Hendricks, SteveKnox, Dean Paynter, Lynn Jones and Deb Dongarra-Adams Absent Members:Steve Ellis, Bill Jassand Frank Dmuchowski Guests:Greg Farnham, Christine Rebout, Gerry Luiting and JR Wilson Staff Present: Tom Presny, Shelley Slapak Meeting was called to order at 7:00PM by Vice-Chairperson Steve Knox. Roll call was completedby sign-in sheet. th APPROVAL OF THE JULY 12, 2011 MEETING MINUTES A motion was made by Betty Schwarzand seconded by Dean Paynterto approve the minutes th of the July 12meeting. Motion was approved unanimously. PARKS DEPARTMENT UPDATE Rock River Trail Initiative – Greg Farnham, Coordinator of the Rock River Trail Initiative, spoke on their mission in the hopes of getting positive approval from the Committee. He indicated thatthis is a private partnership which would provide access to 300 miles of the Rock River. The Trail Initiative’s goal is to establishunity across five counties in WI and six in Illinois on the Rock River and toencouragethe useof both land and water activities for recreational users and the tourism industry. They also want to establish common signage at the public access areas and are currently taking inventory of the existing access points and creating a wish list. The Initiative has a 13 member council and isworking with various local, state and federal agencies with the overall goal of creating a national recreation water trail and establishing a scenic and historic Rock River route running parallel to the highway. Steve Knox asked if the Committee would need to present this to the City Council for support and what financial impact the City would have for this project?Tom Presny stated that the Parks Division would need to do a resolution and present it to the Council along with a similar presentation. Sandy Hendricks inquired as to whether the Trail Initiative would be working with the DNR? Greg Farnham stated they are working with the DNR and hope to have them as a strong partner in this endeavor. Lynn Jones asked whether the Trail Initiative is working with property owners along the Rock River?Greg Farnham said that they are creating a long term listof potential access points and will be working with property owners once the list is complete. Gerry Luiting commented that there is currently good access for canoes/kayaks but heis hoping that there will be more opportunities for motorized vehicles. He also questioned who would be imposing speed limits and slow no wake ordinances?Greg Farnham said that rules would need to be established by the city or county. Betty Schwarz is wondering whether the trails would go around locks similar to the Madison lakes?Greg Farnham said they are looking at dams and trying to find safe portages. Betty Schwarz made a motionto support the Trail Initiative and to submit a resolution to the City Council for their approval. Steve Knox seconded the motion which passed unanimously. RECREATION DEPARTMENT UPDATE Enchanted Forest– Shelley Slapak gave an overview of the award winning Enchanted Forest event to the Committee members. Past success in terms of participants, volunteers and revenue were discussed. New event ideas were shared as well as the opportunity for Committee members to volunteer or assist with publicity strategies. Steve Knox volunteered to th assist at the Enchanted Forest on Wednesday, October 26. Summer Program Participation– Program participation numbers were distributed along with an explanation of the participation count. Comparisons between 2010 and current year was discussed. Steve Knox inquired whether programs that had decreased participation or that were not recovering costs would be eliminated in the future. Attendance numbers and the request for higher admission fees at Rockport Pool were discussed. The Committee questioned whether hours would remain the same for 2012. Shelley Slapak stated that the budget proposal would remain the same but the City Council will review at the upcoming budget preparation meetings. School Use Agreement Update – Shelley Slapak gave an update on the expired City/School District Use Agreement. The Agreement will change to a “Tru-Up” system where both entities track the dollar value of use by the other entity. At the end of the school year both entities will “Tru-Up”. The goal is to be even with neither entity owing money to the other. Beginning st October 1, Leisure Services will no longer have a partnership with South Central Swim Team. Leisure Services will operate adult lap swimming and SCST will be responsible to reserve the school pools for their own swim team and masters swim programs. Adult lap swimming fees will be increased to $3per session or $65 for a punch card for 25 sessions. MATTERS NOT ON THE AGENDA Dean Paynter distributed information on fistball. He is proposing that the Recreation Division run this program in the spring of 2012 at Riverside Park as a new opportunity for the community. Dean will forward the YouTubevideo to Committee members. Deb Dongarra-Adams shared concerns she received regarding the special event process. Deb explained that primarily eventorganizers have questioned her as to the delay in receiving approval for a special event. Shelley Slapak explained that often times event organizers do not submit the required documents and fees in a timely manner and an approval letter will not be sent until all paperwork and fees are completed. Deb Dongarra-Adams also expressed concern that event organizers want to advertise their event for the next year and need confirmation from the City. Shelley Slapak stated that fees for special events are reviewed by the City Council during the annual budget process and could affect what fees are from year to year.Deb Dongarra-Adams requested information regarding the special event process be e-mailed to her and to consider possible changes so event organizers receive earlier confirmation regarding future events. ADJOURNMENT The meeting adjourned at 8:30PM with a motion byLynn Jonesand seconded by Dean Paynter. The motion passed unanimously. th Next meeting will be held onTuesday, November 8 ,2011. Submitted by: Shelley Slapak, Acting Recreation Director Community Development Department Memorandum Date: November 14, 2011 TO: Janesville City Council FROM: Brad Schmidt, AICP, Associate Planner SUBJECT: Action on a Proposed Resolution Establishing the Relocation Order for the Right-of-Way of the East Milwaukee Street/Wuthering Hills Drive Intersection Improvement Project (File Resolution No. 2011- 851) ____________________________________________________________ SUMMARY In 2008, the City Council approved a proposal to construct a roundabout at the intersection of East Milwaukee Street and Wuthering Hills Drive. The construction of the roundabout is intended to improve vehicular safety and provide for the efficient movement of traffic. Construction of the roundabout is anticipated to begin in 2012. Prior to construction, however, the City must acquire land for public right-of-way and temporary limited easements from property owners adjoining the intersection. A Relocation Order is a necessary step in the acquisition process and the attached Resolution No. 2011-851 establishes the Relocation Order for the properties and easements to be acquired. The acquisition of additional land for public right-of-way at this intersection is consistent with City plans. DEPARTMENT RECOMMENDATION The Plan Commission and Community Development Department recommend that the City Council support a motion to adopt Resolution No. 2011-851 establishing the Relocation Order for the East Milwaukee Street/Wuthering Hills Drive Improvement project and authorizing the City Manager to execute the Relocation Order. CITY MANAGER RECOMMENDATION The City Manager concurs with the Plan Commission recommendation. SUGGESTED MOTION I move to adopt Resolution No. 2011-851 establishing the Relocation Order for the East Milwaukee Street/Wuthering Hills Drive Improvement project and authorizing the City Manager to execute the Relocation Order. ANALYSIS A. In 2008, City Council approved a proposal to construct a roundabout at the intersection of East Milwaukee Street and Wuthering Hills Drive. The project will require the widening of the roadway at the four corners of the intersection to accommodate proper turning radii. The project includes complete reconstruction of the intersection including; new pavement, curb and gutter, and sidewalks. Construction is scheduled to begin in the summer of 2012 and is targeted for completion in the fall of 2012. B. The project will be undertaken along with the Wisconsin Department of Transportation. A portion of the funds for construction of the roundabout are provided by the Federal Highway Safety Improvement Program. Funding for the reconstruction project will be provided partially by State/Federal funds ($395,000) with the City providing funding for the remaining funds ($210,000). The local share will be covered by the General fund. The General Fund portion was partially borrowed in 2011 with the balance to be borrowed in 2012. A Relocation Order is a necessary step in the acquisition process and the attached Resolution No. 2011-851 establishes the Relocation Order for the properties and easements to be acquired. C. The Community Development and Engineering Departments have evaluated this road reconstruction project and agree that the proposed acquisitions of the various easements and additional right-of-way along East Milwaukee Street and Wuthering Hills Drive are necessary for construction of the roundabout. The easements, which will accommodate the proper grading to match driveways and sidewalks, consist of 3,809 S.F. and affect 4 properties. Additional right-of-way will need to be acquired from those 4 properties in order to accommodate the widening of the roadway. The total amount of right- of-way that will need to be required is 790 S.F. All affected property owners will be compensated at fair market value as established by an independent appraiser for the acquisition and/or temporary use of their property. The properties impacted by the project are shown on the attached Exhibit A. D. Staff believes that the acquisition of land for the construction of the roundabout is consistent with City plans. PLAN COMMISSION ACTION – 7 November 2011 Brad Schmidt, Associate Planner, presented the written staff report. Commissioner Siker asked what the timeframe for construction was and Schmidt stated that they hoped to start in late summer or early fall of 2012 with completion before winter. Commissioner Voskuil asked how this information had been communicated to the neighbors. Schmidt indicated that they had been invited to a public informational meeting in May regarding the project and process. Commissioner Voskuil suggested that since the project will greatly impact the neighborhood, consideration should be given to inviting the affected property owners to the November 14 Council Meeting. There was discussion regarding the Plan Commission’s role which is to comment and make a recommendation on the acquisition of the right-of-way and temporary easements. Commissioner Marklein stated that although he generally supports round-a- bouts, he feels that this one is being squeezed into a very small space and had concerns regarding how it would handle traffic and winter snowplowing. There was a motion by Commissioner Werner with a second by Commissioner Madere to recommend that the Plan Commission find the proposed acquisition of right-of-way and easements along East Milwaukee Street and Wuthering Hills Drive, to accommodate the roundabout construction project, to be consistent with City plans; and further recommends that the City Council proceed with these transactions noting that the Plan Commission has not reviewed the financial aspects of these transactions. The motion carried on a 5-2-0 vote with Commissioners’ Siker and Marklein opposed. Exhibit A East Milwaukee Street/Wuthering Hills Drive Intersection Reconstruction Project Affected Property Owners Additional Temporary Right-of- Easement way Required Required Affected Property Owners (sf) (sf) 1 Gregory G. Clathworthy 947 281 2 Adam J. Splinter 1,019 119 Muhammad Humayun Qureshi & 3 Ayesha Humayun Qureshi 1,237 289 4 Donald L. Bohman & Faye A. Bohman 606 101 RESOLUTION NO. 2011-851 A Resolution Establishing the Relocation Order for the Acquisition of Right-of- Way on East Milwaukee Street and Wuthering Hills Drive. WHEREAS , to properly establish, layout, widen, construct, reconstruct, improve, or maintain a portion of the highway hereinafter described, it is necessary to acquire certain lands or interests in lands, as shown on the attached plat marked Plat of Right-of-Way required for East Milwaukee Street and Wuthering Hills Drive, City of Janesville, Rock County, Project I.D. 5990-00-25 as approved by the Wisconsin Department of Transportation; and WHEREAS , the Common Council of the City of Janesville, together with the Wisconsin Department of Transportation, recognizes the need to improve the intersection of East Milwaukee Street and Wuthering Hills Drive to provide for the construction of a roundabout to improve vehicular traffic safety; and WHEREAS , the City of Janesville shall acquire certain lands and interests therein as shown on the attached plat marked Plat of Right-of-Way as provided by Chapter 32, Wisconsin State Statues; and WHEREAS , the termini of the East Milwaukee Street/Wuthering Hills Drives improvement project are more particularly described as follows: BEGIN RELOCATION ORDER: FROM A POINT on the North line of the Northeast quarter, being located S  8845’43” E, 1.99 feet from the North quarter corner of Section 28, Town 3 North, th Range 13 East, of the 4 P.M., City of Janesville, Rock County, Wisconsin. END RELOCATION ORDER: Thence easterly to a point on the North line of the Northeast quarter, being  located N 8845’43” W, 2341.07 feet from the Northeast corner of Section 28, th Town 3 North, Range 13 East, of the 4 P.M., City of Janesville, Rock County, Wisconsin NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville, pursuant to authority granted under Section 62.22, and other applicable Wisconsin Statutes, hereby authorizes this Relocation Order and directs the City Manager to file a copy of this Resolution with the County Clerk of Rock County, Wisconsin on behalf of the City. 1. The said roadway intersection is laid out and established to the lines and widths as shown on the plat; 2. The required lands or interests in lands as shown on the plat shall be acquired by the City of Janesville; and 3. This order supersedes and amends any previous order issued by the City of Janesville, Wisconsin. 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: Engineering Division Prepared by: Community Development Department ÐÎÑÖÛÝÌ ÔÑÝßÌ×ÑÒ q Ü¿¬»æ ïïñðîñïï Í½¿´»æ ïþã ìððù Ó¿° Ý±±®¼·²¿¬»æ Íóïéñïè Î»´±½¿¬·±² Ñ®¼»® º±® ÎóÑóÉ ±º Ûò Ó·´©¿«µ»» Í¬ñ Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ É«¬¸»®·²¹ Ø·´´ Ü® ×²¬»®»½¬·±² ×³°®±ª»³»²¬ Ð®±¶»½¬ ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ ÍæÐ®±¶»½¬ÄÐ´¿²²·²¹ÄÍ«®ª»§Ó¿°ÄÍ«®ª»§Ó¿°óîðïïÄÍóîíÁïïððíóÌ CITY MANAGER’S OFFICE MEMORANDUM November 14, 2011 TO: City Council FROM:Eric Levitt, City Manager SUBJECT: Discussion, direction and possible action on appointment of a City Councilmember; and election by Council of either a Council President or Council Vice President. Request: The City Council needs to determine if and how to fill the vacant seat due to the resignation of the City Council President. The Council also needs to determine whether to have the Council Vice President move into the Council President position and then elect a new Council Vice President, or to elect a new Council President. . Recommendation On the issue of filling the vacant seat, the City Council has the following options based on staff analysis. st  Since the opening occurred prior to December 1, the Council may appoint a Council member to fill the vacancy until the April election where the remaining 1 year will be filled by an election.  The Council can leave the position vacant until the April election, where the remaining 1 year will be filled by an election.  If the Council chooses to fill the seat until the April election the Council may: Have an application process similar to Committee appointments and then o appoint an individual. Appoint the fifth vote getter. o The City Manager recommends leaving the position vacant and filling the 1 year term at the April election with the fourth highest vote total in the April election if individuals can vote for four individuals. CC: Jacob J. Winzenz, Assistant City Manager CLERK-TREASURER'S OFFICE MEMORANDUM November 4, 2011 TO: City Council FROM : Jean Ann Wulf, City Clerk-Treasurer SUBJECT: Discussion and Action on Proposed Amendments to the City Council Policy Statement No. 68 Regarding Investments Summary Staff recommends that the City Council adopt the proposed amendments to City Council Policy Statement No. 68 regarding Investments. The City holds significant tax funds from December through February and staff would like to expand our investment limits for municipal commercial paper. Staff Recommendation Staff recommends the Council adopt the amendments to City Council Policy Statement No. 68 regarding Investments. City Manager Recommendation The City Manager concurs with the recommendation. This could result in a $2,000 to $4,000 difference in the current market, but could have a greater effect when interest rates move upward. Suggested Motion I move to adopt the attached amended City Council Policy Statement No. 68 regarding Investments. Analysis The Assistant City Manager and Clerk-Treasurer met with representatives from JP Morgan, the City’s financial advisor, to discuss short term strategies for investing our tax collections. The City receives tax monies between December and February. During this time period, the City has an average balance of $18.5M in tax dollars. Currently, tax collections would be invested in our money market account with JP Morgan. The rate of return on this account is .15% and is collateralized with the Federal Reserve. Our financial advisors suggested that we redefine our investment policy on commercial paper to allow for the purchase of municipal commercial paper (John Hopkins, San Diego Water, and University of Indiana etc.). Municipal commercial paper is sold in minimum blocks of $1,000,000 and we are precluded from this investment because of the limits placed on commercial paper. Therefore, we would like to divide commercial paper into two categories: commercial paper and municipal commercial paper. The investment limits would remain the same for commercial paper ($500,000) and expand for municipal commercial paper from $500,000 to $1,000,000. We anticipate that we would earn approximately $2,000-$4,000 in additional interest income during tax collection season. In addition, it would allow us more flexibility throughout the year in investment opportunities. cc: Eric Levitt, City Manager Jay Winzenz, Asst. City Manager/ Director of Administrative CITY OF JANESVILLE Policy No. 68 Page 1 of 3 CITY COUNCIL POLICY STATEMENT Date Issued 2/20/90 Revised 5/12/97 General Subject: Investments Revised 5/08/00 Revised 12/13/05 Revised 1/12/10 Effective Date 1/12/10 Specific Subject: Investment of City Funds Cancellation Date Supersedes No. PURPOSE To identify objectives, assign responsibilities, and establish a policy to ensure continuous prudent investment of available City funds. STATEMENT OF POLICY 1. Scope. This policy applies to all cash and investments of the City of Janesville. These assets are accounted for in the City’s annual audit report and include: General Fund, Special Revenue Fund, Capital Project Funds, Enterprise Funds, Funds, and the Debt Service Fund, and shall be administered in Fiduciary Fiduciary accordance with the provisions of this policy. 2. Legality. All investments made by the City shall be in compliance with Wisconsin State Statutes which grant general authority for making investments with municipal funds and which extend such authority to investment in savings banks. 3. Delegation of Authority. Management’s responsibility for the City’s investment program is hereby delegated to the designee of the City Manager, who shall establish written procedures for the operation of the investment program. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the designee of the City Manager. 4. Prudence. The standard of prudence to be used by the designee of the City Manager shall be the “prudent person” and shall be applied in the context of managing the overall investment portfolio. The designee of the City Manager, acting in accordance with written procedures and exercising due diligence, shall be relieved of personal responsibility for an individual security’s credit risk or price market change, provided that deviations are reported in a timely fashion and appropriate action is taken to control these adverse developments. CITY OF JANESVILLE Policy No. 68 Page 2 of 3 CITY COUNCIL POLICY STATEMENT Date Issued 2/20/90 Revised 5/12/97 General Subject: Investments Revised 5/08/00 Revised 12/13/05 Revised 1/12/10 Effective Date 1/12/10 Specific Subject: Investment of City Funds Cancellation Date Supersedes No. 5. Instruments. Investment of the City's funds may be invested in those instruments stated in Wisconsin State Statutes which include, but are not limited to: (a) U.S. Treasury securities; or securities ex guaranteed as plicitly and implicitly to principal and interest by the federal government; (b) certificates of deposit fully insured or collateralized at commercial banks, credit unions and savings banks; (c) commercial paper rated A-1/P1; (d) repurchase agreements collateralized by U.S. Treasury securities or securities guaranteed as to principal and interest by the federal government;(e) the State of Wisconsin Local Government Investment Pool; (f) Certificate of Deposit Account Registry Service ( (g) Securities of CDARS); an open-end management investment company or investment trust fully insured or collateralized by U.S. Treasury or Federal securities; (h) municipal, county or school notes or bonds rated at the highest or second highest rating category assigned by a nationally recognized rating agency; (i) municipal, county or school notes or bonds issued by a jurisdiction in Rock County and backed by the full faith and credit of the taxing authority. The taxing authority shall have been rated at the highest or second highest rating assigned by a nationally recognized rating agency with in the last 12 months. 6. Safety. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital. In order to attain this objective, diversification of our overall portfolio is required. The objective will be to mitigate credit risk and rate risk. 7. Diversification. Investments shall be diversified to eliminate the risk of loss resulting from over concentration of assets in a specific maturity, a specific issuer, and/or a specific class of securities. In lieu of indicating specific investment amounts: (a) commercial paper shall be limited in size to $500,000 per issuer; (b) municipal commercial paper shall be limited in size to $1,000,000 per issuer; (b) (c) no more than 40% of the estimated average annual portfolio may be invested beyond 24 months; (c) (d) no more than 60% of the portfolio may be invested in the following categories: commercial paper or bank certificates of deposit and CDARSand (d) (e) local bank balances are restricted to Wisconsin financial ; institutions and shall be fully insured or collateralized. CITY OF JANESVILLE Policy No. 68 Page 3 of 3 CITY COUNCIL POLICY STATEMENT Date Issued 2/20/90 Revised 5/12/97 General Subject: Investments Revised 5/08/00 Revised 12/13/05 Revised 1/12/10 Effective Date 1/12/10 Specific Subject: Investment of City Funds Cancellation Date Supersedes No. 8. Safekeeping. All investment securities purchased by the City shall be (a) held in third-party safekeeping by an institution designated as primary agent, (b) held by a third party trust company or bank in the brokerage firm’s name for the benefit of the City with 100% of the investment insured or (c) held by the City of Janesville. The primary agent shall issue a safekeeping receipt to the City listing the specific instrument, rate, maturity, and other pertinent information. 9. Credit Risk. The investment policy provides limits as to the type and grade of City investments. The State of Wisconsin Local Government Investment Pool is not registered with the Securities and Exchange Commission, but operates under the statutory authority of Wisconsin State Statutes Chapter 25. The City of Janesville acknowledges that the Wisconsin Local Government Investment Pool is not rated and accepts this credit risk. State Statutes limit investments in debt securities to the highest or second highest rating category. The City limits investment securities to the highest or second highest rating category. This limit includes investments in mutual funds. 10. Reporting. The designee of the City Manager shall submit semi-annual investment report. Such report shall summarize the investment portfolio in terms of securities held, maturities, and amounts invested. Furthermore, this report shall indicate the annual investment return, as compared to the amount budgeted. The City shall use the U.S. 90 day Treasury bill as our benchmark on performance. ADMINISTRATIVE SERVICES MEMORANDUM November 7, 2011 TO: City Council FROM: Patty Lynch, Comptroller SUBJECT: Action on a Proposed Resolution Authorizing the City Manager to Make an Application to the County for an Exemption from the Library Tax Levy (Res. #2011-856) Summary The City of Janesville can receive an exemption from its share of the Rock County library tax levy because the Hedberg Public Library expends an amount greater than our share to the Rock County Arrowhead Library System’s appropriations. The City Council must annually adopt a resolution authorizing the City Manager to make application for this exemption. Recommendation The Administrative Services Department recommends the City council adopt Resolution #2011-856 authorizing the City manager to make an application to Rock County for an exemption for the Library tax levy. City Manager Recommendation The City manager concurs with the Administrative Services Department recommendation. Suggested Motion I move to adopt Resolution #2011-856. Background The Arrowhead Library System provides library services to residents of Rock County who are not directly served by local library facilities. In addition, the Arrowhead Library System provides the mechanism for giving township residents free access to the seven municipal libraries located in Rock County by compensating the libraries for allowing township residents to use the municipal libraries. They receive their funding by a direct appropriation from the County. The County’s 2011 appropriation for this purpose was $1,016,108. Pursuant to State Statutes 43.64(2), any city, town, or village in a county levying a tax for county library services would be exempted from its share of the county tax levy, if it intends to expend, from the local tax levy for library services, a sum at least equal to the sum it would have had to pay towards the prior year’s county tax levy. As the Hedberg Public Library proposes in 2012 to appropriate and expend an amount greater than what our share of Rock County’s 2011 Arrowhead Library System’s appropriation would have been, we can apply for and receive Rock County’s exemption by filing an application with the County. cc: J Jacob J, Winzenz, Director of Admin. Services / Assistant City Manager Eric J. Levitt, City Manager RESOLUTION NO. 2011-856 A RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE THE APPLICATION TO THE COUNTY OF ROCK, WISCONSIN, FOR AN EXEMPTION FROM THE LIBRARY TAX LEVY WHEREAS, the Rock County Board of Supervisors, pursuant to Wisconsin State Statutes 43.64, has adopted a county-wide library service plan; and WHEREAS, such service plan provides for the County to levy a tax to fund such service; and WHEREAS, the County has approved the Arrowhead Library System’s funding of $1,016,108 for 2011; and WHEREAS, pursuant to Wisconsin State Statutes 43.64(2), any city, town, or village in a county levying a tax for a county library under subs. (b) and (b)1. shall, upon written application to the county board of the county, be exempted from the tax levy, if the city, town, or village making the application appropriates and expends for a library fund during the year for which the tax levy is made a sum at least equal to the sum which it would have to pay toward the county tax levy in the prior year; and WHEREAS, the City of Janesville will expend for a library fund a sum at least equal to the sum it would have to pay toward the prior year’s county tax levy and thus qualified for such exemption; NOW, THEREFORE BE IT RESOLVED by the Common Council of the City of Janesville that the City Manager be and hereby is directed to make the application to the County of Rock, Wisconsin, for any exemption from the library tax levy. 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 Comptroller Prepared by: City Comptroller CITY MANAGER’S OFFICE MEMORANDUM November 1, 2011 TO: City Council FROM:Rebecca Smith, Management Assistant SUBJECT: Action on a motion to change the meeting at which Council President committee appointments take place Request Earlier this year the Council requested the meeting at which the Council President appoints committee members be moved from the first meeting in April to the second meeting in April. Recommendation No recommendation from staff, as this is a policy decision of the Council. City Manager Recommendation The City Manager requests that the Council consider approving this change. Suggested motion If the Council wishes for the meeting at which the Council President appoints committee members be moved from the first meeting in April to the second meeting in April, staff recommends the following motion: I move to change the meeting at which the Council President appoints committee members from the first meeting in April to the second meeting in April. Background Committee appointments expire on April 30 of each year; therefore, staff brings forward Council President appointments for Council confirmation in the month of April. For many years, the Council President appointed committee members at the second council meeting in April; the second meeting in April is also the first meeting for the newly chosen Council President. On September 8, 2008, the Council approved a motion to move the meeting at which the Council President appoints committee members from the second meeting in April to the first meeting in April. The first meeting in April is the last meeting for the presiding Council President. Analysis If the Council implements this change, the current Council President will not have the opportunity to appoint committee members, as he was not yet president when the 2010 appointments were completed and his term will be over when then 2011 appointments are brought forward. Timeline If the Council chose to move the meeting at which appointments take place, staff sees the timeline as follows. Timeline for the April Committee Member Appointments MonthActivity Committee, Commission & Board vacancies/reappointments determined; letters sent to Chairs requesting feedback on attributes they would like to see in new committee members; letters sent to members eligible for re-appointment Januaryrequesting they complete an application Committee, Commission & Board vacancies Mid February- publicized and residents interested in serving on a early Marchcommittee complete an application form Citizen Advisory Committee on Appointments meets to review applications & choose volunteers for recommendation to City Manager & Council Mid - to late MarchPresident. Committee's recommendations shared with City late MarchManager & Council President Volunteers chosen by City Manager & Council President contacted to confirm their interest in Early Aprilserving Second Council Manager & Council President appointments brought Meeting in Aprilforward for Council confirmation Letters sent to applicants not chosen letting them know they were not chosen and reminding them that their application will stay on file for the calendar year; After Second letters sent to chosen applications informing them of Council Meeting in their appointment and providing the necessary oath Aprilof office paperwork Attachments: 9-8-2008 council meeting minutes CC: Eric Levitt, City Manager Jacob J. Winzenz, Assistant City Manager DIVISION OF PUBLIC WORKS MEMORANDUM November 8, 2011 TO: City Council FROM: Daniel L. Lynch, Utility Director SUBJECT: Consideration and action on a proposed U.S. EPA compliance order concerning certain alleged Janesville sewerage system utility discharges and/or basement backups. Summary The Region 5 Office of the United States Environmental Protection Agency (EPA) contacted the City in mid-December, 2010 asking for information about the City’s sanitary sewer collection system. They instructed us to complete a survey asking general information about the collection system and indicated that their inquiry was routine in nature. They also indicated that they would be contacting all other municipalities of comparable size in Region 5. (Region 5 includes the states of Illinois, Indiana, Michigan, Minnesota and Ohio as well as Wisconsin.) As required, the survey was completed and returned to the EPA by mid-January. At the end of May, the EPA issued an administrative order indicating that the City had violated terms of its Wisconsin Pollutant Discharge Elimination (WPDES) Permit and ordered the City to among other things, eliminate all Sanitary Sewer Overflows (SSO’s) and Basement Backups. The specific section of the WPDES Permit that the EPA claims the City has violated is Section 6.2.8. (The referenced section is actually Section 5.2.8.) This Section requires the City to “…properly operate and maintain all facilities and systems of treatment and control which are installed or used by the permittee to achieve compliance with the conditions of this permit.” The Order cited three SSO events from 2008 and 2009 along with several basement backup reports from 2006 to 2010. At this point the City retained Paul Kent of the Stafford Rosenbaum Law Firm. Mr. Kent is an experienced attorney on municipal wastewater issues. The City agrees that 3 SSO events occurred over a period between 2008 and 2009, but that the SSO events were not the result of lack of capacity or sewer maintenance issues, but rather were attributable to a broken pipe and a clogged pipe, all of which have since been remedied. The Council has two decisions to make in relation to this order. The first has to do with authorizing the Manager to execute the intent to comply. If the City does not indicate that it intends to comply with this order, the City is in violation of the order. A violation of the Order can lead to administrative or judicial enforcement including the imposition of penalties. Manager’s Recommendation The City Manager’s recommendation has been forwarded confidentially to the Council. Suggest Motion Move to authorize the City Manager to execute a response to the United States Environmental Protection Agency indicating it is the City’s intention to comply with their Administrative Order (Docket No. V-W-11-AO-08). Furthermore, the response will include__________________. Analysis The City of Janesville owns and operates a 316 mile sanitary sewer collection system parts of which are over 125 years old. The system includes pipes varying in diameter from 6-inches up to 72-inches and made of a variety of materials including clay, concrete, cast iron and plastic. The City conducted a comprehensive master plan of the collection system in 2004 which identified capacity problems in the system and compared the City’s construction, operation, maintenance and management activities to comparable cities throughout the United States and Canada. The City compared favorably to these cities in almost every benchmark category. The EPA recently instructed the City to provide information about the collection system. Some of the requested information provides a generalized description of the collection system, the wastewater treatment plant and the City as a whole, but most of the requested information relates to operation and maintenance of the system. These questions focused on sewer cleaning, manhole inspections construction maintenance activities. Specific questions were also asked about basement backups and sanitary sewer overflows during the past five year period. During this period of time the City averaged 15 basement backups per year and had a total of three SSO’s. For a community our size these are lower than average numbers. As noted above, unlike many communities where SSO events result from lack of capacity in the system, or excessive infiltration and inflow during storm events, neither of those situations is present in Janesville. The SSO events that occurred were the result of a broken pipe and a blocked pipe. These are the kind of events that can happen regardless of how well a system is maintained. Moreover, the volume of these events is miniscule compared to many SSO events from other cities. In May of this year the EPA issued an order to the City stating that it felt these numbers were to high and that they demonstrated that the City was in violation of its WPDES permit for failing to properly operate and maintain its treatment facilities. City staff met with the EPA in July and attempted to demonstrate our commitment to the proper operation and maintenance of the collection system. The City was among one of the first in the country to conduct a comprehensive master plan of its collection system. The 2004 master plan showed that the number of basement backups and SSO’s in Janesville were in fact lower than will be found in comparable cities. Staff also provided EPA tables showing that over the past 25-years:  System funding for collection and maintenance activities had increased each year, with a current funding level of $1.7 million per year,  The actual number of basement backups had been reduced from 26 in 1990 to 14 in 2010, and  Current wastewater rates are approximately 9.4% higher than our peer Cities in Wisconsin. Staff described the City’s commitment to protecting the environment as demonstrated by its recent commitment of $32 million to upgrade the wastewater treatment plant even though the city was experiencing a severe economic downturn (i.e. the closure of the GM assembly plant and related industries). . cc: Eric Levitt, City Manager Jay Winzenz, Director of Administrative Services Carl Weber, Director of Public Works Wald Klimczyk, City Attorney