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Full Agenda Packet
CITY OF JANESVILLE CITY COUNCIL MEETING AGENDA MONDAY, December 12, 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 minutes of November 11, 2011. B.Special meeting minutes of November 14, 2011. C.Regular meeting of November 28, 2011. D.Special meeting minutes of December 5, 2011. “C” 4. Licenses; and Recommendations of the Alcohol License Advisory Committee. (Refer to separate agenda.) “C” 5. Appointment of Election Officials for 2012-2013. “C” OLD BUSINESS 1.Requests and comments from the public regarding items on the Agenda not requiring a public hearing. 2.Second reading, public hearing and action on a proposed ordinance establishing a vehicle registration fee (wheel tax) in the amount of $10.00 per vehicle. (File Ord. No. 2011-503) 3.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. (Postponed from 11/14/11) (File Res. No. 2011-851) NEW BUSINESS 1.City Manager’s Report - Snow Removal Operations 2.Action on a proposed resolution authorizing the submittal of an amendment to the Lead Hazard Reduction Demonstration Grant Program contract between the State of Wisconsin Department of Health Services and the City of Janesville. (File Res. No. 2011-866) 3.Action on a proposed resolution authorizing the City Manager to proceed with the sale of property located at 414 North Washington Street through the Neighborhood Stabilization Program. (File Res. No. 2011-861) ----------------------- C” – This designation indicates an item that the City Council will take up under a Consent Agenda. City Council Agenda – December 12, 2011 Page 2 NEW BUSINESS (CONTINUED) 4.Authorization for the City Manager to renew a lease of city-owned land at 700 South Jackson Street for two years with Cindy Pelton, owner of 708 Club. 5.Action on a proposed resolution authorizing the City Manager to enter into an intergovernmental agreement with the City of Beloit to provide commercial plumbing inspection services to the City. (File Res. No. 2011-868) 6.Action on a proposed resolution authorizing the City Manager to exercise a “purchase option” to purchase an 84 acre site for an industrial prospect located at 4021 U.S. Hwy. 51 South, Rock Township. (File Res. No. 2011-865) 7.Appointment to the Board of Directors of Community Action of Rock and Walworth Counties. 8.Action on a proposed resolution authorizing the City Manager to extend an existing landfill disposal contract with Green County through 2013. (File Res. No. 2011-869) 9.Authorization to purchase equipment for ice center renovation. 10.Discussion and possible action on a proposed red flag program. 11.Introduce and schedule a public hearing on a proposed ordinance amending the City’s solid waste ordinance to increase sanitary landfill fees. (File Ord. No. 2011-505) 12.Introduce, refer to Plan Commission and schedule a public hearing on a proposed ordinance amending the zoning conditions of approval for property located the southwest corner of Jerome Avenue and Delavan Drive. (File Ord. No. 2011-504) 13.Requests and comments from the public on matters which can be affected by Council action. 14.Matters not on the Agenda. 15.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 NOVEMBER 11, 2011 VOL. 62 NO. 22 Special meeting of the City Council of the City of Janesville held in the Municipal Building on November 11, 2011. The meeting was called to order by Councilmember Voskuil at 12:30 PM. Present: Councilmembers Dongarra-Adams, McDonald, Rashkin, and Voskuil. Absent: Councilmembers Liebert and Steeber. Councilmember Rashkin moved to convene into closed session, pursuant to Wisconsin Statute Section 19.85(1)(e), for the purpose of deliberating and setting the negotiation and bargaining strategies, terms, and conditions for a potential industrial site TIF #35 development agreement, since competitive and/or bargaining reasons require a closed session. The motion was seconded by Councilmember McDonald and passed unanimously. There being no further business, Council convened into closed session at 12:32 PM. These minutes are not official until approved by the City Council. David T. Godek Deputy Clerk-Treasurer PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN SPECIAL MEETING NOVEMBER 14, 2011 VOL. 62 NO. 23 Special meeting of the City Council of the City of Janesville held in the Municipal Building on November 14, 2011. The meeting was called to order by Councilmember Rashkin at 5:50 PM. Present: Councilmembers Dongarra-Adams, Liebert, McDonald, and Rashkin. Absent: Councilmembers Steeber and Voskuil. Councilmember McDonald moved to convene into closed session, pursuant to Wisconsin Statute Section 19.85(1)(g), conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved, specifically legal options concerning a compliance order proposed by the U.S. EPA concerning certain alleged Janesville sewerage system utility discharges and/or basement backups. The motion was seconded by Councilmember Libert and passed unanimously. There being no further business, Council convened into closed session at 5:52 PM. These minutes are not official until approved by the City Council. Jean Ann Wulf City Clerk-Treasurer PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING NOVEMBER 28, 2011 VOL. 62 NO. 25 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on November 28, 2011. The meeting was called to order by Council Vice-President Steeber at 7:00 PM. Council Vice-President Steeber led the Council in the Pledge of Allegiance. Present: Councilmembers Dongarra-Adams, Liebert, McDonald, Rashkin, Steeber and Voskuil. CONSENT AGENDA Regular City Council meeting minutes of November 14, 2011. Licenses; and Recommendations of the Alcohol License Advisory Committee Financial statement for the month of October, 2011. Council Vice-President Steeber stated that all items on the consent agenda would be approved if there were no objections. There were none. th Action on a proposed resolution commemorating the 70 anniversary of the Civil Air Patrol. Councilmember McDonald moved to adopt said resolution, seconded by Councilmember Rashkin and passed unanimously. (File No. 2011-852) th Action on a proposed resolution recognizing the 20 anniversary of the Jingle Bell Run & Walk for the Arthritis Foundation. Councilmember McDonald moved to adopt said resolution, seconded by Councilmember Voskuil and passed unanimously. (File Res. No. 2011-860) Special recognition: Action on a proposed resolution recognizing George D. Brunner for his loyal and conscientious service to the City of Janesville as a City Councilmember. Councilmember Rashkin moved to adopt said resolution, seconded by Councilmember Voskuil and passed unanimously. (File Res. No. 2011-862) Special recognition: Action on a proposed resolution in commendation of Kurt Haase’s thirty-two years of service to the City of Janesville. Councilmember McDonald moved to adopt said resolution, seconded by Councilmember Liebert and passed unanimously. (File Res. No. 2011-857) OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. Tom Brien, 1916 E. Racine St., Apt. #8, Diane Eyers, 3320 LaMancha Dr. and Allison DeGraaf, 4417 Tanglewood Dr., spoke in favor of keeping a crossing guard at Randolph and North Wright Roads (New Business #1). Steve Flood, 828 Sentinel Dr. and Al Lembrich, 541 Miller Ave. spoke against the proposed wheel tax (New Business #6). 2. The FY2012 proposed City and Library budgets received their continued public hearing. The public hearing was opened. John Gorski, 402 E. Centerway spoke against any budget increase including the wheel tax, animal control, water rate increase, manager increase, merit bonus, and ambulance rate increase. Councilmember McDonald stated that there was not an increase in ambulance rates. Al Lembrich, 541 Miller Ave., suggested that there should be no new taxes and to cut costs. Diane Lund, 329 N. Academy St. spoke against giving merit bonuses and suggested that the wheel tax expire in three years. The public hearing was closed. 3. Councilmember Rashkin moved to approve the 2012 proposed City budget as revised by the City Council through November 14, 2011, with a General Fund Budget in the amount of $41,923,916 and a tax levy (without TIF) in the amount of $26,191,766, and direct the Comptroller to include these amounts in the 2012 appropriation and levy resolution. Councilmember Rashkin also moved to approve the 2012 proposed Hedberg Public Library budget with a tax levy (without TIF) in the amount of $3,201,921 for library purposes, and direct the Comptroller to include this amount in the 2012 levy resolution. The motion was seconded by Councilmember Voskuil. Councilmember Rashkin moved to decrease the Golf Course subsidy by $19,000, seconded by Councilmember McDonald and passed unanimously. Councilmember Liebert moved to add a two year sunset clause on the wheel tax. He did not receive a second. The council then voted on the main motion, as amended, and it passed with the following vote: Aye: Dongarra-Adams, Rashkin, Steeber and Voskuil. Nay: Liebert and McDonald. Council Vice-President Steeber moved New Business item #5 next. 5. Discussion and possible action on proposal to authorize one-time merit for administrative employees. Councilmember Rashkin moved to approve a one-time merit for non-represented employees using the $192,500 savings from employees paying a portion of their retirement benefit, seconded by Councilmember Steeber and passed by the following vote: Aye: Liebert, Rashkin, Steeber and Voskuil. Nay: McDonald and Dongarra-Adams. NEW BUSINESS 1. Recommendation of the Transportation Committee: Action on a proposed resolution authorizing the removal of adult crossing guard protection at: 1) Lapham Street and South Oakhill Avenue; 2) South Grant Avenue and Kellogg Avenue; 3) Center Avenue and Rockport Road; and 4) Randolph Road and North Wright Road. Councilmember Voskuil moved to adopt said resolution, but delete item #4, Randolph Road and North Wright Road. The motion was seconded by Councilmember McDonald. Councilmember McDonald offered a friendly amendment to delete item #1, Lapham Street and South Oakhill Avenue, which was accepted by the maker. The motion, as amended, passed unanimously. Councilmembers Voskuil and Steeber requested that the Administration ask the School District to assume the crossing guard costs. (File Res. No. 2011-858) Council Vice-President Steeber moved Old Business item #4 next. 4. Discussion, direction and possible action on appointment of a City Councilmember; and election by Council of either a Council President or Council Vice-President.The City Clerk-Treasurer called for nominations from the floor for City Council President. Councilmember McDonald nominated Councilmember Steeber as Council President. The City Clerk-Treasurer called for any other nominations three times and received no further nominations. Nominations were closed and Councilmember Steeber was elected as Council President by the following vote: Aye: Dongarra- Adams, Liebert, McDonald, Rashkin and Voskuil. Pass: Steeber. The City Clerk-Treasurer called for nominations from the floor for City Council Vice-President. Councilmember McDonald nominated Councilmember Rashkin as Council Vice-President. The City Clerk-Treasurer called for any other nominations three times and received no further nominations. Nominations were closed and Councilmember Rashkin was elected as Council Vice-President by the following vote: Aye: Dongarra- Adams, Liebert, McDonald and Steeber. Nay: Voskuil. Pass: Rashkin. By consensus of the council, it was decided to not fill the vacant Councilmember seat. Council President Steeber continued with New Business #2. 2. Action on a request from the Blackhawk Questers to authorize the submission of a grant application for restoration of five front window units for the Tallman House. Councilmember Rashkin moved to authorize said application, seconded by Councilmember Liebert and passed unanimously. 3. Action on a City Manager recommended citizen appointment to the Community Development Authority. Councilmember Dongarra-Adams moved to approve John Smecko as a voting member to the Community Development Authority, seconded by Councilmember Liebert and passed unanimously. 4. Action on a proposed resolution authorizing the City Manager to execute a Public Safety Radio Equipment Intergovernmental Cooperation Agreement (“Agreement”) between the City of Janesville, City of Beloit, and Rock County. Councilmember Voskuil moved to adopt said resolution, seconded by Councilmember Dongarra-Adams and passed unanimously. (File Res. No. 2011-859) 6. A proposed ordinance establishing a motor vehicle registration fee (wheel tax) in the amount of $10.00 per vehicle was introduced and scheduled for a public hearing on December 12, 2011. (File Ord. No. 2011-503) 7. A proposed ordinance amending the City of Janesville Zoning Ordinance to add an exemption to the nonconforming discontinuance section for single and two-family historic residential structures was introduced, referred to the Plan Commission and scheduled for a public hearing on January 9, 2012. (File Ord. No. 2011-502) 8. Requests and comments from the public on matters which can be affected by Council action. John Gorski, 402 E. Centerway, spoke against trash collection fees and increased water fees. 9. Matters not on the Agenda. Council President Steeber thanked Dan Lynch for his years of service and wished him the best on his upcoming retirement. He then stated the Council would meet on Monday, December 5, 2011 at 7:45 a.m. to set the tax rate. The Council waived notice of that meeting. 10. Councilmember Rashkin moved to adjourn, seconded by Councilmember Liebert and passed unanimously. There being no further business, Council adjourned at 9:12 p.m. These minutes are not official until approved by the City Council. Jean Ann Wulf City Clerk-Treasurer PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN SPECIAL MEETING DECEMBER 5, 2011 VOL. 62 NO. 26 Special meeting of the City Council of the City of Janesville held in the Municipal Building on December 5, 2011. The meeting was called to order by Council President Steeber at 7:45 AM. Present: Councilmembers Liebert, McDonald, Rashkin and Steeber. Absent: Councilmembers Dongarra-Adams and Voskuil. Action on a proposed resolution adopting the 2012 Budget, establishing the 2011 net tax rate, and appropriating funds for the fiscal year ending December 31, 2012. Councilmember Rashkin moved to adopt said resolution, seconded by Councilmember Liebert and passed unanimously. (File Res. No. 2011-864) Councilmember McDonald moved to adjourn, seconded by Councilmember Rashkin and passed unanimously. There being no further business, Council adjourned at 7:47 AM. These minutes are not official until approved by the City Council. Jean Ann Wulf City Clerk-Treasurer JANESVILLE CITY COUNCIL LICENSE AGENDA 12/12/2011 RECOMMENDED A. ELECTRICIAN–ORIGINAL Joseph S. Eaton 1225 Fulton Ave., Rockford, IL B. ORIGINAL RESERVE CLASS B INTOXICATING LIQUOR AND FERMENTED MALT BEVERAGE LICENSE Eggy’s Restaurant & Bar, LLC 3502 Milton Ave. Shukri Shabani Decisions Teen Lounge, LLC 18-24 S. River St. Donta T. Evans CLERK-TREASURER’S OFFICE MEMORANDUM December 2, 2011 TO: City Council FROM: Jean Ann Wulf, City Clerk-Treasurer SUBJECT: Appointment of Election Inspectors for 2012-2013 ______________________________________________________________________ In accordance with State Statute 7.30 (4), the two dominant political parties have the opportunity to submit lists of candidates for appointment as election inspectors. The appointment would be for a two year term. The City Clerk-Treasurer’s Office received a list of proposed appointments from the Democratic (Exhibit 1) and Republican (Exhibit II) Parties. We received a total of 21 appointments. Typically, 125-200 election inspectors are required to fully staff the polls on election day. State Statutes authorize the City Clerk-Treasurer to appoint additional election inspectors when there are vacancies. Therefore, the Clerk-Treasurer would like to appoint 184 independent election inspectors (Exhibit III). The Clerk-Treasurer’s Office recommends that the City Council approve all election inspector appointments as presented. City Manager Recommendation No recommendation Attachments cc: Jay Winzenz, Assistant City Manager and Director of Administrative Services Jean Ann Wulf, City Clerk-Treasurer Exhibit I Democratic Party Appointments for Election Inspectors Last NameFirst Name Address BreuTom20 S Blackhawk St Detert-MoriartyJudith23 S Atwood Street HaagWendy2000 S River Road HomernikSharon1408 Blaine Avenue IkardTheresa115 Jackman Street JamesDennis4434 Redtail Lane Jensen-HethMargaret3727 Lucey Street Lemkuhl-PedersenKathy2411 Bradford Avenue NelsonSue2424 Andre Avenue SarnowJohn1223 Shannon Court SchachtschneiderGena4434 Redtail Lane SonnentagWanda2410 Sauk Drive Exhibit II Republican Appointments for Election Inspectors LastNameFirstNameAddress ChesmoreJan538 Main Street ChesmoreJim538 Main Street DetersJan4429 Pheasant Run DetersTom4429 Pheasant Run HeinJacqui2021 Bond Place MochaAmanda3503 Candlewood Dr ServaisDan3718 Curry Lane (April-November only) ServaisLynn3718 Curry Lane (April-November only) YossFred317 Clark Street Exhibit III Clerk-Treasurer Appointments for Election Inspectors LastNameFirstNameAddress ALLISONDONALD731 NORTH GARFIELD AVENUE ALTMANNROBERT1212 SHANNON COURT ALTMANNLOIS1212 SHANNON COURT ANDERSONJOANNE1818 WATERFORD DRIVE ANDERSONJOHN1818 WATERFORD DRIVE ANDERSONSHERMAN935 MATHESON STREET ARUTACHRISTOPHER238 SOUTH HARMONY DRIVE ATWOODKAREN215 SOUTH DIVISION STREET ATWOODDANIEL215 SOUTH DIVISION STREET BALLFAYE4401 WHITE OAK DRIVE BANEDONALD4616 HIGHVIEW DRIVE BANEDONNA4616 HIGHVIEW DRIVE BANNERROBERT3133 CRABAPPLE LANE BARTLINGSUZANNA3119 PEACHTREE STREET BARTLINGTHOMAS3119 PEACHTREE STREET BEIDERWIEDEN- STEBBINSJANET727 RICHARDS COURT BERNARDALFRED2605 CEDAR POINTE DRIVE BERNARDKAREN2605 CEDAR POINTE DRIVE BEYERRUTH2625 CEDAR POINTE DRIVE BICKLEDAVID1734 TAMARACK LANE BICKLEMARY1734 TAMARACK LANE BJERKPATRICIA930 NORTH WASHINGTON STREET BRANDENBURGMARGARET3810 TEAL LANE BRANDTCAROLYN3247 EAST MILWAUKEE STREET BRODIEHOMER1128 NORTH OSBORNE AVENUE BROVICKALBERT2403 HYACINTH AVENUE BROWNMARGARET1521 PETERSON AVENUE BRUSSJANET4016 DORCHESTER DRIVE BUNKERCHARLES2217 CORNELL AVENUE CAMPBELLELNOE1519 SOUTH CROSBY AVENUE CARRALAN1354 SOUTH TERRACE STREET CHESMOREJENNIFER1435 RUGER AV CHRISTENSONSUSAN 1354 SOUTH TERRACE STREET CLARKDALE2908 CORTLAND DRIVE CLOSECAROL1109 NORTH PARKER DRIVE COLLINSANTOINETTE2419 ANDRE AVENUE CONRADSONJILL3817 BRIAR CREST DRIVE COURTNEYCHARLENE143 SOUTH FREMONT STREET COXBARBARA4344 TANGLEWOOD DRIVE CRAMERCARL2425 ANDRE AVENUE CRAMERLUCILLE2425 ANDRE AVENUE DEANROSHANNON4620 E MILWAUKEE ST DECKERBARB1516 JOLIET ST J:\Agenda Review\Manager Office Review\Election Inspectors - Exhibit 3.xls12/5/2011Page 1 Exhibit III DECKERDANIEL1516 JOLIET ST DEGARMOTAMMY1418 TYLER ST DEL CIELLORON2433 MT. VERNON AVENUE DEUPREEKATHERINE419 SOUTH FRANKLIN STREET DEUPREENEIL419 SOUTH FRANKLIN STREET DILLEYDOLORES613 LITTLEFIELD DRIVE DOOLEYJOHN3920 MACKINAC DRIVE DOWDJAMES3002 CUMBERLAND DRIVE EAKINSFAYETTE1424 LIBERTY LANE ELEYMARY1932 CEDAR POINT DR ELLIOTTEDITH2519 KELLOGG AVENUE ENGLUNDCAROL4428 ROCKINGHAM DRIVE FILLHOUERKRISTIN2214 STONEFIELD LANE FINKLYLE3259 THAMES LANE FINKCAROL3259 THAMES LANE FLYNNBARBARA212 SOUTH FREMONT STREET FORBESLOIS2503 MOUNT VERNON AVENUE FORBESWILLIAM2503 MOUNT VERNON AVENUE FRIESDOLORES955 TRIPOLI ROAD GIESMARY610 NORTH GRANT AVENUE GILLESPIEMARY907 NORTH MARTIN ROAD GILMOREMARLENE1624 CRESTVIEW STREET GLAEDENMADELYN148 HILLSIDE COURT GLOGOVSKYJOYCE1216 GRACE STREET GORMANJUDITH1062 LARAMIE LANE GRAMKECRAIG4220 RUGER AVENUE GRAMKECALEB1426 FREDERICK ST GRANGAARDPHYLLIS1402 SOUTH TERRACE STREET GREENDALE2336 NORTH SUMAC DRIVE GREENDAVID806 N WUTHERING HILLS DR GULLICKSONMARIE2640 ALEXANDRIA PLACE HARRIEJON622 SOUTH FREMONT STREET HAYJANET1801 ROYAL OAKS DRIVE HELBINGMARY1518 NORTH SUMAC DRIVE HELBING, JRHENRY1518 NORTH SUMAC DRIVE HIRSCHLERAMBER1919 EDON DR HOLDERHELEN1543 LA FAYETTE STREET INDGJERJUDITH1908 RANDOLPH ROAD JANISBERTHA1216 EAST RACINE STREET JENTZKATHERINE1126 NORTH WASHINGTON ST JOHNSONIRENE4005 MACKINAC DRIVE JOHNSONMARY1540 KELLOGG AVENUE JORDANELIZABETH4036 EAST MILWAUKEE STREET JORGENSONINGA2007 MEADOWLARK DRIVE JURICCHARLES217 EAST RACINE STREET KAISERCAROLINE723 N GARFIELD AV KALWEITJOAN3502 CANDLEWOOD DRIV J:\Agenda Review\Manager Office Review\Election Inspectors - Exhibit 3.xls12/5/2011Page 2 Exhibit III KERSTENCYNTHIA914 SENTINEL DRIVE KLEINMARGARET2707 NORTH LEXINGTON DRIVE KLUSENDORFIRA1011 NANTUCKET DRIVE KNUTSONARLAN1523 NORTH CONCORD DRIVE KNUTSONIDAMAE1523 NORTH CONCORD DRIVE KOWALVIRGINIA117 HILLSIDE COURT KOWALSKIMICHAEL1527 WEST BURBANK AVENUE KRAUSIRENE1323 OAKLAND AVENUE KRUEGERSARAH21 SOUTH SUMAC DRIVE LANGDOKJERRY4270 ALLENDALE DRIVE LEMMERTHOMAS 402 S LOCUST ST #100 LEYESRITA3654 CANDLEWOOD DRIVE LISTONDONNA646 CAMBRIDGE DRIVE LUEDTKEBETTY1124 BENTON AVENUE MCCANNRICHARD2025 LAUREL AVENUE MCCANNROBERTA2025 LAUREL AVENUE MCCOOLJULIE1615 SOUTH CROSBY AVENUE MCCUMBERSUSAN1526 ONTARIO DRIVE MCGUIREWILLIAM81 S SUMAC MCINTOSHJOSEPHINE3517 LA MANCHA DRIVE MCKINNEYLOIS233 WEST BURBANK AVENUE MEIKLEJOHNCHARLENE408 LINN STREET MEIKLEJOHNMARCUS408 LINN STREET MELLERROBERT2868 DARTMOUTH DR MEYERLYNN225 ROOSEVELT AVENUE MEYERMARILYN1321 HAMILTON AVENUE MOODYBARBARA1915 WEST MEMORIAL DR MORGANJEFF2305 SOUTH ARCH STREET NAESERANNE3326 CRABAPPLE LANE NELSONRHETA3104 VILLAGE CT OLSONLYNDA1521 LIBERTY LANE OLSONWAYNE1521 LIBERTY LANE PERRYANN618 SUNSET DRIVE PERRYMICHAEL618 SUNSET DRIVE PETTERKARL2215 MORELAND DRIVE PETTERMARGARET2215 MORELAND DRIVE PUSAKULICHDARLENE2325 REFSET DR QUADEDIANE215 SOUTH FREMONT STREET RAUIRENE464 SOUTH FREMONT STREET REBMANLOIS1226 BINGHAM AVENUE REEDJO ANN4031 DEVEREAUX DRIVE REEDMARJORIE703 EAST MILWAUKEE STREET RICEPHYLLIS1511 NORTH SUMAC DRIVE ROBERTSMOLLIE4023 TISBURY DRIVE ROCKENFIELDMARY2313 ELIZABETH STREET ROEHLRUTH4000 SARATOGA DRIVE ROEHLDORIS4017 DORCHESTER DRIVE J:\Agenda Review\Manager Office Review\Election Inspectors - Exhibit 3.xls12/5/2011Page 3 Exhibit III ROEHLGERALD4017 DORCHESTER DRIVE RONDEAUUNA1903 LIBERTY LANE ROSENBERGMELISSA20 S PONTIAC DR APT 210 RYANLISA449 SOUTH ATWOOD AVENUE SCHOOFFSONJA4564 OLD KENNEDY ROAD SCHUMACHERJEANNINE342 SOUTH RANDALL AVENUE SELGRENPHILIP1711 NORTH SUMAC DRIVE SHARIFIMAUREEN830 NORTH GARFIELD AVENUE SHEPARDDAVID2223 WEST STATE STREET SHIELDSJOANNE610 PROSPECT AVENUE SILVEUSANNE3135 CANDLEWOOD DRVIE SLEEPERTABITHA208 ROCK STREET SLEEPERMICAH208 ROCK STREET SMITHSHIRLEY1700 SOUTH RIVER ROAD SMITHJANET2543 NORTH LEXINGTON DRIVE SNYDERJUDY2711 SHERWOOD DRIVE SPRYDOROTHY633 CHURCH STREET STABBNANCY1200 SOUTH RIVER ROAD STEHURALINDA1309 MANOR DRIVE STEHURATHOMAS1309 MANOR DRIVE STREICHFERN79 SOUTH HURON DRIVE STREICHROGER79 SOUTH HURON DRIVE SZUDARSKICATHERINE1923 LA FAYETTE STREET TANCKBARBARA612 S WASHINGTON ST TAYLORMICHAEL224 KELLOGG AVENUE TEMPLEMARIAN1405 LIBERTY LANE TEMPLEROGER1405 LIBERTY LANE TESTERDIANA1058 NORTH MARTIN STREET THEWISPAMELA1931 DUPONT DR THORNTONMABLE1344 ELIDA STREET TREWARTHAELLEN612 WEXFORD ROAD VON ALLMENHANS3927 BRUNSWICK LANE WACHLINSHIRLEY1700 SOUTH RIVER ROAD WAGNERPATRICIA2501 HYACINTH AVENUE WALDENELLEN1555 ROYAL OAKS DRIVE WATSONIONE311 EDISON AVENUE WELLSMARIAN3469 TENNYWON DR WESTNESSJAMES227 S MAIN ST WESTPHALWILLIAM102 SINCLAIR STREET WHITEDIANE3169 DANBURY DR WICKHEMMARY4135 PARK VIEW DRIVE WILCOXHEATHER203 W HOLMES ST WINKELMANKIRSTEN3534 WOODHALL DR WOODMARLYS4018 DORCHESTER DRIVE ZIEGLERGLORIA440 SOUTH BLACKHAWK STREET ZIMMERMANDONALD3916 EAST MILWAUKEE STREET ZIMMERMANCARYN1402 LIBERTY LANE J:\Agenda Review\Manager Office Review\Election Inspectors - Exhibit 3.xls12/5/2011Page 4 ADMINISTRATIVE SERVICES MEMORANDUM December 6, 2011 TO: City Council FROM: Jacob J. Winzenz, Dir. of Admin. Services/Assistant City Manager SUBJECT: Second Reading, Public Hearing and Action on a Proposed Ordinance Establishing a Vehicle Registration Fee (Wheel Tax) in the Amount of $10.00 per Vehicle (File Ordinance 2011-503) Summary Included in the 2012 budget is $550,000 from the establishment of a vehicle registration fee (Wheel Tax) of $10.00 per vehicle. In order to enact such a fee the City Council must first adopt an ordinance. File Ordinance 2011-503 has been prepared for consideration by the City Council with an effective date of January 1, 2012. Recommendation The Administrative Services Department recommends that, following the public hearing, the approve File Ordinance 2011-503 establishing a vehicle registration fee in the amount of $10.00. City Manager’s Recommendation The City Manager recommends approval. The vehicle registration fee (wheel tax) was included in the budget and will be administered through the State of Wisconsin. Background One of the major challenges in preparing the 2012 budget was the loss of revenue from the State of Wisconsin. Payments from the State for shared revenues (including transportation aids) declined by over $860,000 from 2011. In order to partially offset this loss of revenue the City Manager proposed a Vehicle Registration Fee, or Wheel tax, in the amount of $10.00 per vehicle. Such a Wheel tax is estimated to generate $550,000 in revenue on an annual basis. File Ordinance 2011-503 establishes the Wheel Tax and parallels the enabling statutory language. The Wheel Tax is collected by the State of Wisconsin, Department of Transportation (WisDOT), along with other vehicle registration fees. WisDOT charges and administrative fee of $.10 per vehicle and remits the balance to the City. Revenue generated from the wheel tax must be used for transportation-related purposes as required by Statute. Analysis As previously stated, a Wheel Tax of $10.00 per vehicle is estimated to generate $550,000 in new revenue. This additional revenue will help fill the hole created by the decline in State aids. In addition, the proposed Wheel tax will help diversify the revenue base of the City. At the present time property taxes and State Aids comprise 62% and 19% respectively of General Fund revenue. The addition of the Wheel tax will add an additional source of revenue that is less dependent on economic fluctuations. Four (4) jurisdictions in the State currently charge a Wheel Tax. These include: Beloit $10.00 Milwaukee $20.00 Mayville $10.00 St. Croix County $10.00 2 ORDINANCE NO. 2011 - 503 An ordinance establishing a motor vehicle registration fee. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Chapter 3.22 of the Code of General Ordinances of the City of Janesville is hereby adopted to read as follows: “Chapter 3.22 MOTOR VEHICLE REGISTRATION FEE (Wheel Tax) Sections: 3.22.010 Authority 3.22.020 Purpose 3.22.030 Definitions 3.22.040 Imposition of Motor Vehicle Registration Fee 3.22.050 Administrative costs 3.22.060 Exemptions 3.22.070 Replacements 3.22.080 Deposit of fee revenues--administration 3.22.010 Authority. This chapter is adopted pursuant to the authority granted by Wisconsin Statute § 341.35, as from time to time amended or renumbered. 3.22.020 Purpose. The purpose of this ordinance is to provide the City of Janesville a source of revenue in addition to other revenue sources currently being utilized to maintain public streets, highways, and for all other transportation-related purposes. 3.22.030 Definitions. In this chapter, a "motor vehicle" means an automobile or motor truck registered under s. 341.25 (1) (c) at a gross weight of not more than 8,000 pounds. 3.22.040 Imposition of Motor Vehicle Registration Fee. (A) Pursuant to Section 341.35, Wis. Stats., an annual flat City registration fee as set forth herein in the amount of Ten Dollars ($10.00) is hereby imposed upon all motor vehicles registered in the state of Wisconsin that are customarily kept in the City. (B) This fee shall be paid by the registration applicant at the time that a motor vehicle is first registered and at each time of registration renewal. (C) The City registration fee shall be paid as provided in Wisconsin Statute § 341.35(5). (D) The City registration fee shall be in addition to state registration fees. 3.22.050 Administrative costs. WisDOT shall retain a portion of the moneys collected equal to the actual administrative costs related to the collection of these fees (currently $0.10 per motor vehicle). The method for computing the administrative costs will be reviewed annually by WisDOT, as provided in Wisconsin Statutes § 341.35. 3.22.060 Exemptions. The following motor vehicles are exempt from the annual Janesville vehicle registration fee: (A) All vehicles exempted by Wisconsin Statutes Chapter 341 from payment of a state vehicle registration fee. (B) All vehicles registered by the state under Wisconsin Statutes § 341.26 for a fee of $5. 3.22.070 Replacements. No City vehicle registration fee may be imposed on a motor vehicle which is a replacement for a motor vehicle for which a current City vehicle registration fee has been paid. 3.22.080 Deposit of fee revenues-administration. (A) All moneys under the applicable statute and this chapter remitted to the City by the Wisconsin Department of Transportation or other applicable agency shall be deposited into the City’s general fund. (B) The City Clerk-Treasurer shall be responsible for the administration of this chapter and funds.” SECTION II. This ordinance and its fees shall take effect at 12:01 o’clock a.m. on January 1, 2012, the public interest, welfare, benefit, and good so requiring, and the Common Council so finding. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent 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 Administration Prepared by: City Attorney Public Works Department Memorandum Date: December 12, 2011 TO: Janesville City Council FROM: Carl Weber, Director of Public Works 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) (Postponed from 11/14/11) ____________________________________________________________ SUMMARY On 11/14/11 the City Council reviewed File Resolution No. 2011-851 and postponed action until 12/12/11 so that the Administration could provide an analysis of not installing the roundabout and a comparative price for a traffic signal. DEPARTMENT RECOMMENDATION The Plan Commission and Community Development Department recommended on 11/14/11 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. Upon completing the further review requested by the Council on 11/14/11, the Public Works Department staff supports that recommendation. CITY MANAGER RECOMMENDATION Out of the four options that are under consideration, the City Manager recommends that the City Council either move forward with the roundabout construction or stops the project and leaves the road in the current configuration. It is perceived that the reconfiguration has enhanced safety at the location. I believe that the roundabout would further enhance safety, but ultimately it comes to cost-benefit decision by the City Council. 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. BACKGROUND 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, street lighting and sidewalks. B. The project has been proposed to be undertaken along with the Wisconsin Department of Transportation. Funding for the reconstruction project will be provided partially by State/Federal Highway Safety funds ($395,000) with the City providing funding for the remaining funds ($220,000). 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 temporary easements and additional right-of-way along East Milwaukee Street and Wuthering Hills Drive are necessary for construction of the roundabout. The temporary 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 new right-of-way is 790 S.F. All affected property owners will be compensated at fair market value for the acquisition and/or temporary use of their property. The properties impacted by the project are shown on the attached Exhibit A. Although the new alignment will require the acquisition of 790 S.F. of property at the corners, an additional 4,049 S.F. of green space will be developed between the new sidewalk alignment and the existing ROW lines. D. As previously reported, staff believes that the acquisition of land for the construction of the roundabout is consistent with City plans. The Plan Commission on 11/7/11 moved on a 5 to 2 vote to recommend approval of the Relocation Order. E. At the Council meeting of 11/14/11 three residents spoke in opposition to the construction of the roundabout stating that the restriping of East Milwaukee Street completed in 2010 had, in their opinion, slowed traffic and corrected safety problems at the intersection which had driven the 2008 decision of the Council to construct a roundabout. Some Council members, while expressing support of the function of roundabouts, questioned whether the East Milwaukee Street/Wuthering Hills Drive intersection is a good application for one because: 1. The traffic appears to be functioning well under current conditions; 2. The proposed facility does not fit within the existing right-of-way; 3. Installation of traffic signals may cost less. F. The intersection did not meet warrants for traffic signals when studied in 2008. The HSIP (Safety) Grant was approved on the basis of the ability of a roundabout to reduce the number and severity of accidents experienced over a 4 year period at the intersection. As such, the installation of traffic signals would not be eligible under the grant and would have to be funded entirely by the City. G. While warrants for a traffic control are not currently met according to the 2008 traffic study, they likely will be at some point in the future when Wuthering Hills Drive is extended north to Highway 14, the area to the southeast of the Highway 14 bend and east of Wuthering Hills Drive is developed and the area to the northeast of East Milwaukee Street and Highway 14 is developed. At that time there may not be grant funds available to fund a traffic control improvement of any type. Although with the current recession it may be some time before the additional development occurs, transportation improvements are typically planned for a 20 year horizon. H. Under the terms of the grant agreement, should the City withdraw the project, it will reimburse the State for any costs incurred by the State on behalf of the project. As the design for the project is near completion, there is a current balance of $78,000 for which the City will become liable in the event that project is withdrawn. I. Staff has determined that there would likely be no added liability to the City should the City not proceed with the proposed improvement as originally planned. This is due to the fact that the increase in the cost estimate and the perceived improvement resulting from the 2010 lane realignment would show a change in the cost-to-benefit relationship providing adequate reason for reconsideration. J. Mid-block speed studies near the intersection were conducted in 2007 prior to the grant application and in 2011 subsequent to the 2010 lane restriping. The following is a summary of the data collected in those studies. The summary indicates that westbound speeds have reduced 1mph and eastbound speeds have not reduced since the lane realignment. WB WB EB EB Study Year Avg Speed 85 th % Speed Avg Speed 85 th % Speed 2007 36 40 34 39 2011 35 39 34 39 K. The following is an accident summary for the intersection. The restriping occurred in the fall of 2010. The time since that improvement is very short so a conclusion as to whether the safety of the intersection has improved since the lane restriping cannot be reached from this data. Year PDO INJURY FATAL TOTAL 2004 2 1 0 3 2005 2 0 0 2 2006 0 1 0 1 2007 1 1 1 3 2008 1 3 0 4 2009 0 1 0 1 2010 0 0 0 0 2011 1 0 0 1 ANALYSIS There appear to be 4 options for this intersection: 1. Construct a roundabout as originally planned. 2. Install traffic signals. 3. Install a 4-way stop 4. Leave the intersection as is. (Null alternative) The following table summarizes the costs for the various options. The design cost for the roundabout is included in the traffic signal and null alternatives because those funds have already been expended and must be paid by the City. A cost for resurfacing is included in those two alternatives as well as it is expected that the streets will be recommended for resurfacing in about 5 years. This cost will be avoided within the limits of the roundabout alternative as that area will be newly constructed in concrete with a 50 year life expectancy. Roundabout Signals Null Total State City City City RDBT Design &Review $95,000 $35,000 $50,000 $78,000 $78,000 RDBT Construction $520,000 $360,000 $160,000 Traffic Signals $160,000 Resurfacing $27,000 $27,000 Net cost $605,000 $395,000 $220,000 $265,000 $105,000 Staff does not recommend the installation of traffic signals because: 1. They are not warranted. 2. They are the highest local cost alternative of the three 3. They do not provide the safety benefits of a roundabout A 4-way stop is also not warranted and not recommended. The cost would be about $5,000 more than the Null alternative depending on what features, such as flashing lights, would be included to make the East Milwaukee Street signs more noticeable. If the Council believes the added short term safety and long term traffic control benefits of a roundabout over the current alignment justifies the additional $115,000 cost, then the relocation order resolution should be approved. If the Council believes that the safety concerns at the intersection have been adequately addressed by the 2010 lane realignment and that future traffic control benefits are insufficient to justify further expenditures at this time, then the relocation order resolution should not be approved and staff should be directed to withdraw from the HSIP project. Exhibit A East Milwaukee Street/Wuthering Hills Drive Intersection Reconstruction Project Affected Property Owners Additional Additional Temporary Right-of-Green Easement way Space Required Required Developed Affected Property Owners (sf) (sf) (sf) 927 1 Gregory G. Clathworthy 947 281 268 2 Adam J. Splinter 1,019 119 Muhammad Humayun Qureshi & 3 Ayesha Humayun Qureshi 1,237 289 1,987 Donald L. Bohman & Faye A. 4 Bohman 606 101 867 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 Snow and Ice Control Goals, Objectives and Procedures Department of Public Works Operations Division 2011/2012 Winter Season Goals and Objectives Plow all City streets within ten hours after cessation of all snow storms requiring plowing. Plowing generally is initiated when snowfall accumulation reaches 2” to 3” To treat all arterial and collector streets, bus routes, major hills and intersections with chemicals to achieve bare pavement at these locations. 1 Goals and Objectives To treat bridges, major hills and a portion of the arterial street network with liquid, anti-icing chemicals prior to certain storm events. To remove snow from the downtown area, including parking lots, when conditions warrant. To clear snow from sidewalks abutting public property. Note on Residential Streets Though it is at times the outcome, bare pavement is not an objective on residential streets. 2 Snow and Ice Control Anti-Icing Anti-icing is proactive as opposed to reactive. It minimizes bonding of snow to pavement and facilitates clearing after plowing. Snow and Ice Control Chemical Application Salt is applied to arterial and collector streets, bridges, major hills and bus routes to prevent bonding of snow to streets and, ultimately, to achieve bare pavement in these locations. 3 Snow and Ice Control Chemical Application In temperatures below about 25 degrees F, salt is treated with liquid chemicals which lower the freeze point of the brine created from the melting snow. Snow and Ice Control Salt Storage The City currently has two salt storage facilities which hold approximately 4,400 tons. A typical winter will consume between 4,000 & 5,000 tons. 4 Snow and Ice Control Plowing The City utilizes 26 dump trucks and 3 motor graders to clear streets when implementing a City-wide plowing operation. Snow and Ice Control Plowing Under normal circumstances, it takes approximately 10 hours to plow the entire City, but there are many factors which can influence this timeframe. 5 Snow and Ice Control Public Sidewalks The City maintains approximately 12 miles of sidewalk abutting public property utilizing utility tractors with blades and blowers. Snow and Ice Control Downtown Snow Removal Snow is removed from the downtown area whenever pedestrian or vehicular travel becomes restricted. 6 What Is A Snow Emergency Point in time when vehicles must be removed from streets to allow for plowing operations City Ordinance -Council declares at two inches Historically, City issues a public notice with specific, effective time and enforcement is based upon this specific time Is a Snow Emergency in Affect Every Time the City Plows? No Storms with forecast minimums up to two to three inches -likely will not declare snow emergency in advance Decision to plow smaller snowfalls may not come until shortly before end of storm 7 Communication Services Goals and objectives Awareness Education Improved efficiency/effectiveness of plow operations Fewer tickets issued Overall improved customer satisfaction Communication Services Communication services are provided several ways City’s website Facebook and Twitter Dedicated informational phone line Email to citizens Police Department “warning” tickets Local media 8 Communication Services City’s Website Homepage icon during winter months with link to winter weather and snow emergency info Special homepage “alert” indicating a snow emergency has been declared; activated by Operations Division staff from CSC Links include information about where to park downtown during a snow emergency Communication Services City’s Website (cont’d) Includes information about other related topics, including: Private sidewalk shoveling Mailbox damage City street salting operations 9 Communication Services Facebook and Twitter When snow emergencies are declared, information will be provided on Facebook “Tweets” will also be provided whenever snow emergencies are in effect Communication Services Snow Hotline (755-SNOW) Dedicated informational phone line which indicates if a snow emergency is in affect Updated by Operations Division staff from CSC once a snow emergency has been declared and again when plowing operations have been completed 10 Communication Services Email Notification Residents can subscribe via the City’s website to receive email notification when a snow emergency has been declared Email sent by Operations Division staff from CSC shortly after declaration Includes specific information about current snow emergency Communication Services (cont’d) Police Department “warning” tickets Issued during first snow emergency of season Can still receive a ticket during first snow if warned but did not move prior to street being plowed 11 Other Communication Efforts City’s newsletter Winter weather brochure JATV “Real time” press releases Other Communication Efforts Snow emergency refrigerator magnets Parking regulation signs at major entrances to the City 12 Other Winter Weather Information Where to park during snow emergency Website and brochure Includes map of downtown parking lots Mailbox damage What to do if mailbox is damaged City’s replacement policy Private sidewalk shoveling requirements Within 12 hours after a storm Other Winter Weather Information It is a violation of City Ordinance to push or blow snow into the street after it has been plowed Trash and recyclables will not be collected if they are placed on snow banks. Residents should either clear snow from an area on the terrace in which to place trash and recyclables, or place them on the driveway apron. 13 Other Winter Weather Information The Fire Department requests residents having fire hydrants adjacent to their property clear snow approximately three feet around the hydrant and to also clear a path to the street. Need More Information? For questions or more information, please contact the Operations Division 755-3110 www.ci.janesville.wi.us 14 NEIGHBORHOOD SERVICES MEMORANDUM December 6, 2011 TO: City Council FROM: Jennifer Petruzzello, Neighborhood Services Director SUBJECT: Action on a Proposed Resolution Authorizing the Submittal of an Amendment to the Lead Hazard Reduction Demonstration Grant Program Contract between the State of Wisconsin Department of Health Services and the City of Janesville (File Resolution #2011-866) Summary The State of Wisconsin Division of Public Health applied for and received a Lead Hazard Reduction Grant Program offered through the U.S. Department of Housing and Urban Development to provide funding for lead hazard reduction activities throughout Rock and Dane Counties. In 2011, the City received an allocation of $101,250 to assist in identifying and controlling lead-based paint hazards in 9 dwelling units. The amount of funding was increased by $236,250 to assist an additional 21 dwelling units in April of 2011. The City has received an application from Janesville School Apartments, LLC for a lead hazard reduction project that would encompass up to 36 units and all exterior and common areas. As a result, we are seeking an amendment for an additional $200,000 in lead hazard reduction construction funds for this project. Department Recommendation The Neighborhood Services Department recommends that the City Council approve File Resolution #2011-866 authorizing the Submittal of an Amendment to the Lead Hazard Reduction Demonstration Grant Program Contract between the State of Wisconsin Department of Health Services and the City of Janesville. City Manager Recommendation The City Manager concurs with Neighborhood Services recommendation. Suggested Motion I move to approve File Resolution #2011-866 authorizing the Submittal of an Amendment to the Lead Hazard Reduction Demonstration Grant Program Contract between the State of Wisconsin Department of Health Services and the City of Janesville. 1 Background In December 2009, the State of Wisconsin Division of Public Health applied for a Lead Hazard Reduction Grant Program offered through the U.S. Department of Housing and Urban Development. The State applied for this grant to provide funding for lead hazard reduction activities throughout Rock and Dane Counties. The State has received funding to assist approximately 300 dwelling units throughout Dane and Rock Counties. An average of $10,250 is budgeted for each dwelling unit. Initially, the City received an award of $101,250 to assist 9 dwelling units. Due to an increase in interest in lead hazard reduction grants in the City, we requested, and received, an additional allocation of $236,250 to assist an additional 21 units. Current funding is to be in effect through December 14, 2012, and currently all except 2 grants have been awarded. The City has received an application from Janesville School Apartments, LLC (the former Marshall Middle School) for a lead hazard reduction project that would encompass the interior of up to 36 units, the exterior of all units and all common areas. As a result, we are seeking an amendment for an additional $200,000 in lead hazard reduction funds for this project. This project would require a 20% local match, of which one-half will be paid by Janesville School Apartments, LLC at loan closing. The remaining one-half will be provided through a Community Development Block Grant (CDBG) loan to be repaid by Janesville School Apartments, LLC over a twelve (12) month period. The City would be eligible to be reimbursed for up to $36,000 in administrative expenses. Additional match will be provided through the value of staff time, and other State projects. Analysis: Participation in the Lead Hazard Reduction Grant Program would bring additional financial resources to the City of Janesville to address lead hazards in our housing stock. For the last 5 years, the City has offered a lead hazard reduction grant program with funding through the Rock County Consortium, and for the past 2 years, we have been able to offer grants with funding through the Lead Hazard Reduction Demonstration Grant. Additional Lead Hazard Demonstration Grant funding would allow us to assist another 36 rental units during this time period and facilitate the removal of lead hazards from the entire 55-unit apartment complex. Housing staff is experienced in working to reduce lead hazards. Administratively, this project would be administered in a very similar manner as our current grant, however, the larger scope of the project will require a sealed bidding process and compliance with Davis Bacon prevailing wage rate requirements. The City would be eligible to be reimbursed for up to $36,000 in administrative expenses for this project and other projects under the Lead Hazard Demonstration Grant Program. 2 Funding for a portion of the local match would come from the CDBG revolving loan fund. This loan would be established with a one-year repayment schedule. This schedule is consistent with the repayment of lead grants for rental units and will increase our program income for the year. This is a comparatively short repayment period, and will allow the funds to be “recycled” and made available for other housing projects. Addressing lead hazards is consistent with the CDBG and HOME Consolidated Plan and the 2011 and 2012 Action Plan. The Janesville Historic Commission reviewed a certificate of appropriateness for work to be completed on and around the windows at their meeting on November 28, 2011 and unanimously approved the certificate. The Community Development Authority reviewed the proposal at their July 20, 2011 meeting and expressed their support for the revision to the Grant Agreement to increase grant funding in an amount sufficient to fund lead hazard reduction activities. Attachments: Resolution #2011-866 3 RESOLUTION NO. 2011-866 A RESOLUTION AUTHORIZING THE SUBMITTAL OF AN AMENDMENT TO THE LEAD HAZARD DEMONSTRATION GRANT PROGRAM CONTRACT BETWEEN THE STATE OF WISCONSIN DEPARTMENT OF HEALTH SERVICES AND THE CITY OF JANESVILLE WHEREAS , in 2009, the State of Wisconsin applied for and received grant funding under the U.S. Department of Housing and Urban Development Lead Hazard Reduction Demonstration Grant Program to identify, evaluate and reduce lead-based paint hazards in housing occupied by low to moderate income families throughout Rock and Dane Counties; and WHEREAS , lead hazard control work is required for all of the housing rehabilitation programs offered by the City of Janesville and the receipt of Lead Hazard Reduction Demonstration grant funds would supplement existing funding for housing rehabilitation activities; and WHEREAS, in 2010, the City of Janesville received an allocation of $101,250 from the State of Wisconsin to assist in identifying and controlling lead-based paint hazards in nine (9) eligible privately owned rental and owner-occupied housing units; and WHEREAS, in April of 2011, the City of Janesville received an additional allocation of $236,250 from the State of Wisconsin for an additional twenty-one (21) eligible units; and WHEREAS, the City has received an application from Janesville School Apartments, LLC for a lead hazard reduction project that would encompass up to 36 units and all exterior and common areas; and WHEREAS, the City of Janesville is seeking an additional $200,000 in Lead Hazard Reduction Grant funding to be used for this project; and WHEREAS , One-half of the local match requirement will be paid by Janesville School Apartments, LLC at loan closing and the other one-half will be provided through a Community Development Block Grant loan to be repaid by Janesville School Apartments, LLC over twelve (12) months; and WHEREAS , programs to reduce lead hazards are consistent with the City of Janesville 2010- 2014 Consolidated Plan and 2011 Action Plan, and specifically goals to improve the existing housing stock and promote decent affordable housing; and WHEREAS , the Janesville Community Development Authority (CDA) reviewed the proposal at their July 20, 2011 meeting and expressed their support for a revision to the Grant Agreement to increase grant funding in an amount sufficient to fund lead hazard reduction activities; and WHEREAS, the Common Council of the City of Janesville finds that it is in the best interest of the City and of benefit to the community to participate in the Lead Hazard Reduction Demonstration Grant Program. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville that they hereby authorize and direct the City Manager to submit an amendment request on behalf of the City of Janesville with the State of Wisconsin Division of Public Health to increase the funding allocation in the Lead Hazard Reduction Demonstration Program; and BE IT FURTHER RESOLVED , that the City Manager and/or his designee(s), on behalf of the City of Janesville, is/are hereby authorized and empowered to negotiate, draft, amend, modify, review, execute, and enter into additional agreements; record, file, and/or make modifications and/or amendments to any and all documents, papers, forms, and agreements; and to take whatever take other actions as the City Manager may determine, from time to time and at any time, necessary and/or desirable to effectuate the intent of this Resolution and/or the public good. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent 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: Neighborhood Services Department Prepared by: Neighborhood Services Director NEIGHBORHOOD SERVICES MEMORANDUM December 2, 2011 TO: City Council FROM: Kelly Lee, Neighborhood Development Specialist SUBJECT: Action on a Proposed Resolution Authorizing the City Manager to Proceed with the Sale of Property Located at 414 N Washington Street through the Neighborhood Stabilization Program (File Res. 2011-861) Summary The Neighborhood Services Department has completed the rehabilitation of the property located at 414 N Washington Street through the Neighborhood Stabilization Program. An interested party has submitted a valid offer to purchase of $75,000 and City Council approval is necessary to finalize the sale. Department Recommendation The Neighborhood Services Department recommends that the City Council support a motion to approve Resolution 2011-861 authorizing the sale of the property located at 414 N Washington at a sales price of $75,000.00. City Manager Recommendation The City Manager concurs with the Neighborhood Services Department recommendation. Suggested Motion I move to approve file resolution 2011-861 authorizing the City Manager to proceed with the sale of 414 N Washington Street at a sales price of $75,000.00. Background In January 2009, the City Council authorized staff to apply for a Neighborhood Stabilization Grant Program through the State of Wisconsin Department of Commerce. The City of Janesville received an award of $1,003,743. This program allows municipalities and qualified non-profit organizations to acquire foreclosed properties for the purpose of rehabilitation, redevelopment, or demolition. The goals of the Neighborhood Stabilization Program (NSP) are to reduce blight, provide affordable single family homes, and stabilize and improve the real estate market in those neighborhoods being hit the hardest by the foreclosure crisis. 1 Sale of the NSP houses must be to owner occupied buyers fall who within the income guidelines of the program. All buyers are required by the Neighborhood Stabilization Program to have had at least 8 hours of home buyer education from a HUD approved housing councilor prior to the purchase of any NSP home. The property located at 414 N Washington was acquired on July 16, 2009 for the purpose of rehabilitation and resale under the Neighborhood Stabilization Program. The property has been updated with energy efficient windows, doors, insulation, a new kitchen and new baths. In addition, the property has passed a lead paint clearance test. The buyer has provided the City of Janesville a copy of her appraisal that lists the value of the home at $80,000. The buyer is within the income guidelines as required by the Neighborhood Stabilization Program. Neighborhood Services is providing the buyer with $2250 in a buyer’s credit for closing cost and prepaids as well as $2500 in NSP-Funded Down Payment and Closing Cost. The down payment and closing cost assistance will be forgiven over a period of 5 years based on the owner occupying the property as their primary residence. Analysis A. The property was purchased by the City of Janesville through the Neighborhood Stabilization Program. B. City Council set the asking price during a closed session on August 11, 2011 and the sales price falls within the guidance provided by the Council. C. The intended buyer meets the requirements of the Neighborhood Stabilization Program. cc: Eric Levitt, City Manager Jay Winzenz, Dir. of Administrative Services/Assistant City Manager Jennifer Petruzzello, Neighborhood Services Director 2 RESOLUTION NO. 2011-861 A resolution authorizing the City Manager to proceed with the sale of property located at 414 N Washington. WHEREAS, the City of Janesville owns the following described parcel: MITCHELL'S ADD. N.50'S.62.12'W.88.44'NW1/4 LOT 21 DAF:Pt NE1/4, Sec 35, T3N, R12E, 4th PM, City of Janesville, Rock Co, WI JC5502986 WHEREAS , The City of Janesville acquired the property located at 414 N Washington Street in the City of Janesville, County of Rock, State of Wisconsin 53546, in June of 2009, through the Neighborhood Stabilization Program Grant; and WHEREAS, The City of Janesville has rehabilitated the property consistent with the Neighborhood Stabilization Program requirements; and WHEREAS , The City of Janesville has negotiated an agreement to sell and convey the property to Ms. Heather Weiland for a purchase price in the amount of $75,000.00 including a $2250.00 buyers credit for a total buyer purchase price in the amount of $72,750.00; and WHEREAS, The City of Janesville has obtained a copy of an appraisal of the property listing its current fair market value in the amount of $80,000; and WHEREAS, The City of Janesville has verified that Ms. Weiland satisfies the program criteria; and WHEREAS, The City of Janesville has provided $2,500 in down payment assistance: and, WHEREAS , the Plan Commission has reviewed the Neighborhood Stabilization Program at their June 1, 2009, meeting and found the purchase, rehabilitation, and sale of these properties to be consistent with established City plans and recommended that the Common Council proceed with the sales of such acquired properties as this, but further noted that the Plan Commission had not reviewed the financial aspects of this transaction. NOW THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL of the City of Janesville that they hereby authorize and direct the City Manager and the City Clerk, on behalf of the City of Janesville, to execute and close upon the sale of this property; and to negotiate, enter into, and execute such additional agreements, documents, papers, and forms as may, from time to time, be necessary and/or desirable to effectuate this transaction and the intent of this resolution, as the City Manager may decide; and BE IT FURTHER RESOLVED that the City Manager is hereby authorized to take whatever other actions or to make whatever other minor changes that he may determine necessary and/or desirable concerning this sale and conveyance. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent 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: Neighborhood Services Prepared by: Neighborhood Development Specialist Economic Development Department Memorandum December 12, 2011 TO: City Council FROM: Vic Grassman, Economic Development Director SUBJECT: Authorization for the City Manager to Renew a Lease of City- Owned Land Located at 700 S. Jackson Street with Cindy Pelton, owner of the 708 Club for a Period of Two Years. Executive Summary On November 12, 2007, the Janesville City Council adopted Resolution No. 2007-448 approving a lease with Cindy Pelton, for city owned property located at 700 S. Jackson St. (SW corner of Rockport Road and South Jackson St.). Ms. Pelton owns an adjacent property known as Club 708 and wanted to use the City property for customer parking. The current two year lease will expire on December 31, 2011. The lease rate is $65.00/month and the lessee is responsible for garbage pickup, snow removal and general maintenance. The Lessee is asking for a third two-year renewal to begin January 1, 2012 and end December 31, 2013. Staff Recommendation Staff recommends renewal of this lease for another two year period. City Manager Recommendation The City Manager recommends approval. Suggested Motion I move to authorize the City Manager to renew the lease with Cindy Pelton for . City-owned land located at 700 S. Jackson Street for a period of two years Background The City acquired the land at 700 S. Jackson Street approximately 30 plus years ago as part of a long-term strategy to reconfigure the intersection of Jackson Street and Rockport Road. The City owns land at three (3) of the four (4) corners of this intersection. The City has no immediate plans for this site. Analysis This lease renewal is for the city-owned land at 700 S. Jackson Street to provide off-street parking for an adjacent commercial business, Club 708 owned by the Lessee. It is for the north 60 feet of Lot 16, Riverside Addition, except of the portion used for street right-of-way. The lease renewal would continue at the previous rate of $65.00/month and the lessee would be responsible for maintenance as well as keeping the leased premises in good and responsible repair. The lessee will also hold the lessor harmless against any claims, lawsuits, payments or demands due to injuries and/or damages. Because the City does not have any immediate plans for the property, it would be appropriate to continue the lease with Ms. Pelton thus generating monthly income and avoiding maintenance costs. cc: Eric Levitt Jacob Winzenz Community Development Department Memorandum Date: December 12, 2011 TO: Janesville City Council FROM: Gale Price, Manager of Building & Development Services SUBJECT: Action on a Proposed Resolution Authorizing the City Manager to Execute a Commercial Plumbing Inspection Service Intergovernmental Cooperation Agreement between the City of Janesville and the City of Beloit (File Resolution No. 2011-868). _____________________________________________________________________ I. EXECUTIVE SUMMARY The City of Beloit has agreed to provide the City of Janesville Commercial Plumbing Inspection Services. Resolution 2011-868 allows the City of Janesville to enter into an Intergovernmental Agreement with the City of Beloit to provide those services for a period of up to one year. II. STAFF RECOMMENDATION The Community Development Department recommends that the City Council allow the City to enter into this intergovernmental agreement. III. CITY MANAGER RECOMMENDATION This is one effort that came out of the joint Janesville-Beloit meetings. The City will not immediately fill one of the City’s inspector positions for the first quarter of next year. During that time period we will contract with Beloit to provide full-time plumbing inspector services. I believe this will be beneficial during this interim period. IV. ANALYSIS As a part of the 2012 City Budget, the City Manager has included a provision to leave the Plumbing Inspector position open for at least two months following the retirement of the current Plumbing Inspector later this month. The City needs to continue to provide this service, but due to lower construction activities in both Janesville and Beloit neither entity needs a full-time plumbing inspector. Therefore, an intergovernmental agreement has been proposed which is anticipated to create salary savings in the City of Janesville budget. Through the Agreement the City of Beloit will provide Commercial Plumbing Inspection Services on an hourly basis and the City of Janesville will reimburse Beloit on the hourly basis plus mileage equal to the Federal Reimbursement Rate for travel to and from construction sites. The agreement provides for this arrangement to extend up to one year from the date of approval. The budget anticipates the Plumbing Inspection position to be open for two months but this agreement allows for a period of up to one year. RESOLUTION NO. 2011- 868 A resolution approving a Commercial Plumbing Inspection Services Agreement (Agreement) between the City of Janesville and the City of Beloit. WHEREAS, the Common Council of the City of Janesville desire to provide their property owners, taxpayers, residents, citizens, and developers the proper building inspection services to protect the health, safety, and welfare of the community; and WHEREAS, the Common Council of the City of Janesville desire to enter into a cooperative agreement with the CITY OF BELOIT to provide Commercial Plumbing Inspection Services to the CITY OF JANESVILLE; and WHEREAS, this Agreement defines the purpose, provisions, terms, and conditions upon which the City of Beloit agrees to provide said inspection services to the City of Janesville; and § WHEREAS, Wis. Stats, 66.0301and related statues empower(s) the parties to enter into this intergovernmental cooperation agreement. NOW, THEREFORE, BE IT RESOLVED BY the Common Council of the City of Janesville as follows: 1. Each of the above recitals are reiterated and incorporated herein by reference as if fully set verbatim. 2. The attached proposed Intergovernmental Agreement between the City of Janesville and City of Beloit for Plumbing Inspection Services is hereby approved and authorized. BE IT FURTHER RESOLVED, that the City Manager and his designee(s), on behalf of the City of Janesville, are hereby jointly and severally further authorized and empowered to negotiate, draft, review, review, modify, amend, execute, enter into, file and/or record additional agreements, amendments, documents, and letters of understanding concerning this matter, and to take whatever additional other minor actions that the City Manager may determine in his sole discretion, from time to time and at any time, necessary and/or desirable in the public interest to effectuate the intent of this Resolution. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Dongarra-Adams Eric J. Levitt, City Manager Liebert McDonald ATTEST: Rashkin Steeber Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Community Development Department Prepared by: Community Development Department COOPERATIVE AGREEMENT BETWEEN CITY OF JANESVILLE AND THE CITY OF BELOIT REGARDING COMMERCIAL PLUMBING INSEPCTION SERVICES THIS AGREEMENT entered into this, _____ day of December, 2011, by and between the CITY OF JANESVILLE and the CITY OF BELOIT, hereinafter referred to as “Cities,” pursuant to Section 66.0301, Wis. Stats. WITNESSETH WHEREAS, the Cities desire to provide its citizens and developers the proper building inspection services to protect the health, safety and welfare of the community; and WHEREAS, the Cities desire to enter into a cooperative agreement to allow the CITY OF BELOIT to provide Commercial Plumbing Inspection Services to the CITY OF JANESVILLE; and WHEREAS, the Cities can facilitate this through an intergovernmental agreement pursuant to Section 66.0301 Wis, Stats. PURPOSE The purpose of this Agreement is to define the rights and obligations of the CITY OF BELOIT AND THE CITY OF JANESVILLE with respect to the CITY OF BELOIT providing Commercial Plumbing Inspection Services to the CITY OF JANESVILLE. TERM This Agreement shall take effect upon execution by all parties hereto, and shall remain in effect for a period of three (3) months, starting upon the day upon which the governing bodies of the Cities have executed or authorized the execution of this agreement. Without notice the agreement shall extend an additional period of three (3) months if written notice is not provided by one of the cities to the other city to terminate the agreement. The agreement may automatically renew a total of three (3) times to cap the maximum length of the agreement to be one (1) year. After said one (1) year period, a new agreement must be entered into to further provide inspection services. TERMINATION Termination of this agreement shall be provided in writing by one City to the other City if one of the parties desires to terminate the agreement for any reason before a renewal. Termination notice shall be provided a minimum of thirty (30) days before renewal of the agreement shall take place. No termination notice is required at the end of the agreement (one year), as provided under “Terms” above. PROVISIONS The CITY OF BELOIT will provide contract inspection services to the CITY OF JANESVILLE for Commercial Plumbing Inspection. Said inspection services shall include: Inspection of Commercial Plumbing Systems; Inspection of New and Replacement Water and Sewer Laterals; Commercial Plumbing Plan Review for more than six (6) additional fixtures in accordance with City of Janesville Ordinance; Coordination of Building Construction Issues as they relate to plumbing construction; Issuance of orders to correct and inspection reports. The CITY OF BELOIT agrees to provide one inspector and necessary equipment for the inspection of the plumbing work associated with various Commercial Plumbing permits issued by the CITY OF JANESVILLE. Said inspection services are contracted and thus the inspector will be an employee of the CITY OF BELOIT and not an employee of the CITY OF JANESVILLE. The CITY OF JANESVILLE will not provide benefits, including health insurance, vacation, pension, workers compensation or any other benefit for the inspector. FEES Chargeable hours are for inspection services on the various job sites will be billed at $50.00 per hour inclusive of normal work hours and is exclusive of lunch and other breaks, but shall include any necessary office time relating to such Janesville inspection services. Additional charges at the then current IRS mileage rate in accordance with CITY OF BELOIT policy shall be charged in addition to the chargeable hours for services. Mileage reimbursement will include travel from Beloit to Janesville in addition to mileage while performing inspections in Janesville. Should the inspector be called upon for further follow-up services after this agreement is otherwise terminated the fee provisions herein shall remain applicable. Such follow-up service would include, but is not limited to, consultation or testimony relating to inspection services provided during the term hereof. INDEMNIFICATION The CITY OF JANESVILLE hereby agrees to indemnify, save harmless and defend the CITY OF BELOIT and its inspector from any and all claims, actions, damages, liability, and expenses in connection with any personal injury, damage to property, or other claims made against the City of Janesville or its inspector related to the providing of inspection services to be provided herein. The laws of the State of Wisconsin shall govern all questions and interpretations concerning the validity of construction of this Agreement and the legal relations and performance and obligations between the Cities. CITY OF JANESVILLE By:____________________ Date:________________ Eric Levitt, City Manager CITY OF BELOIT By:____________________ Date:________________ Larry Arft, City Manager Economic Development Department Memorandum December 12, 2011 TO: City Council FROM: Vic Grassman, Economic Development Director SUBJECT: Action on a proposed resolution authorizing the City Manager to exercise a “Purchase Option” to purchase an 84 acre site for an industrial prospect located at 4021 U.S. Hwy 51 South, Rock Township. (File Res. No. 2011-865) Executive Summary This is to request authorization for the City Manager to exercise an “Option to Purchase” agreement on an 84 acre site currently in Rock Township which would be annexed into the City. The City optioned this 84 acre site from Art Donaldson in February 2011 for a time frame ending on December 31, 2011. If the City chooses to exercise the option to purchase this acreage by the end of 2011, the closing date would occur by the end of February, 2012. The cost of the land is $18,000/acre plus an agricultural transfer fee of $236.00/acre which occurs when the use of existing agricultural land is changed to a developed use. Thus, the purchase price would be $1,512,000 to the owner and additional $19,824 to be paid in transfer fees to Rock County. The total cost would be $1,531,824.00. The long term source of funding for this purchase will be from Tax Increment Finance dollars. This property, currently in Rock Township, is anticipated to be annexed into the City and TIF 35 will be proposed to be amended to include this new geographical area. City Manager’s Recommendation: The City Manager recommends that the City Council has two options. The Council can authorize exercising the option and if the current company locating at this site does not locate here, the City would maintain this asset for future development. The second option would be to tie any action to exercise the option to wording that the City Manager is authorized to exercise the option contingent upon a Development agreement for use of the land be signed. Economic Development Director’s Recommendation: The Economic Development Director recommends that the City Manager be authorized to initiate this “Option to Purchase” based on the following: The use of this land for industrial purposes is consistent with Janesville’s comprehensive land use plan and, was approved by the Janesville Planning Commission on December 5, 2011. The site is contiguous to an existing City boundary and eligible for annexation. The amending of TIF 35 to include this site for industrial purposes is consistent with the City’s development strategy and the use of TIf monies. Suggested Motion Move to approve authorizing the City Manager to exercise the option to purchase 84 acres located at 4021 U.S. Hwy 51 South, Rock Township with the closing date being in late February. Move to approve authorizing the City Manager to exercise the option to purchase 84 acres located at 4021 U.S. Hwy 51 South, Rock Township contingent upon a Development Agreement being approved by a company that would locate on the land. Resolution No. 2011-865 A Resolution Approving the City of Janesville’s Exercise of an Option to Purchase an 84-acre Parcel of Land Located along Highway 51 from Arthur T. Donaldson for Industrial Site and Related Development Public Purposes WHEREAS , the City of Janesville desires to purchase approximately Eighty-Four (84) acres of vacant real property from the owner, Arthur T. Donaldson, legally described in the City Administration negotiated Option To Purchase dated February 7, 2011, (the “Property”), a copy of which is incorporated herein by reference as though fully set forth verbatim; and WHEREAS , under the terms of the Option to Purchase, the City of Janesville shall acquire approximately Eighty-Four (84) acres of land for a purchase price in the amount of One Million Five Hundred Twelve Thousand and 00/Dollars ($1,512,000) with the exact purchase price determined by the actual number of acres to be conveyed to the City as determined by a final boundary survey; and WHEREAS , the Common Council of the City of Janesville have previously adopted Resolution No. 2004-89 approving Amendment No. 1 to the Project Plan for Tax Increment District No. 22 for the purpose of expanding the industrial park to include the Two Hundred Twenty-Six (226) acre Donaldson property; and WHEREAS , the City of Janesville is authorized and empowered to purchase, acquire, and use the land for industrial site and related development purposes and uses, and to enter into and exercise the Option to Purchase Agreement, pursuant to Wis. Stats. §§ 62.11(5), 62.22 (1) and (1m), 62.23 (17) (a), 62.23 (17) (b), 66.0101, 66.1101, 66.1105, and related statutes; and WHEREAS , the Common Council hereby find that such purchase and uses constitute public purpose(s) that benefit the community, and encourage and promote the development of industry, greater employment opportunities, economic development, and the health, welfare, safety, and good order best interests of the City, its residents, businesses, taxpayers, and visitors; and WHEREAS , total funding for this acquisition and borrowing debt service shall be provided through the TIF 22 and 35 Project Plans and related increment revenues; and WHEREAS , the Janesville Plan Commission reviewed and commented favorably upon the City’s acquisition of this property for said purposes, finding same consistent with City plans and economic development goals and purposes at their meeting on Monday, December 5, 2011, while not making any comment upon the financial aspects of said acquisition transaction; and will review and make recommendation(s) concerning this proposed acquisition and related proposed amendment of the T.I.F. District 35 Project Plan for corresponding boundary and Plan expenditure/use adjustments in February 2012. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville that they hereby approve and authorize the City Manager and/or his designee(s) to exercise the Option to Purchase the Donaldson land and close upon and acquire the City’s purchase of the Property from the owner on behalf of the City for the above stated purposes and uses; and Resolution 2011-865 Page 2 BE IT FURTHER RESOLVED , that the City Manager and/or his designee(s) on behalf of the City of Janesville is/are hereby authorized and empowered to negotiate, draft, modify, review, execute, and enter into additional agreements, record, file and/or make minor modifications and/or amendments to any and all documents, papers, forms, and agreements, and to take whatever other actions as the City Manager may determine, from time to time and at any time, necessary and/or desirable to effectuate the intent of this resolution and/or the public good; and BE IT FURTHER RESOLVED , that the Common Council of the City of Janesville hereby approve and authorize the City Administration to take actions necessary to provide funding for this industrial economic development site in an amount not to exceed One Million Five Hundred Seventy Five Thousand and 00/100 Dollars ($1,575,000,000). No funds from sources other than the Notes or the Available Funds identified herein and/or above are, or are expected to be, reserved, allocated on a long-term basis, or otherwise set aside by the City for the project, except as permitted by the Internal Revenue Code of 1986, as amended. This declaration of official intent is consistent with the budgetary and financial circumstances of the City. The purpose of this Resolution is to satisfy the “official intent requirement” of Treasury Regulation Section 1.150-2; and BE IT FURTHER RESOLVED, that the City’s exercise of this Option is further contingent and conditioned upon the City Manager receiving a fully executed and binding T.I.F. 35 Development Agreement for the same site with a form and content acceptable to the City Administration no later than December 26, 2011. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent 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 Administration Prepared by: City Attorney CITY MANAGER’S OFFICE MEMORANDUM December 2, 2011 TO: City Council FROM:Eric Levitt, City Manager SUBJECT: Appointment of Board member to Community Action (CAI) Executive Summary The City’s representative on the Community Action Board of Directors recently resigned. This action is a request to appoint a replacement board member. City Manager Recommendation The City Manager recommends that the Council either appoint the City Manager or a Council member to represent the City of Janesville on the Community Action Board of Directors. I am willing to serve on the Council’s behalf on the Board or will defer if there is a Council member who desires to serve. Suggested Motion Move to appoint _______________ to represent the City of Janesville on the Community Action Board of Directors. Background The Community Action Board of Directors includes 18 members with proportional representation from both Rock and Walworth Counties. The board includes 1/3 local public officials, 1/3 private sector representatives and 1/3 low-income consumers. The most recent representative of the City of Janesville was a staff member, Mike Gensler. A letter from Community Action inc. is included to provide guidance on the appointment to the City Council. CC: Eric Levitt, City Manager Jacob J. Winzenz, Assistant City Manager DEPARTMENT OF PUBLIC WORKS MEMORANDUM December 2, 2011 TO: City Council FROM: John Whitcomb, Operations Director SUBJECT: Action on a Proposed Resolution Extending the Term of an Existing Landfill Disposal Contract with Green County Through 2013 (File Resolution 2011-869) Summary The proposed File Resolution extends the term of an existing landfill contact with Green County by two years, through December 31, 2013. The existing contract expires December 31, 2011. The contract provides Green County a landfill tipping fee which is 5% less than the base fee established by City Ordinance, and commits Green County to delivering its waste to the City’s landfill. Staff Recommendation Following Council discussion, staff recommends the City Council adopt the proposed File Resolution. Recommended Motion I move to adopt File Resolutions No. 2011-869, extending the term of an existing landfill disposal contract with Green County through December 31, 2013. City Manager Recommendation The City Manager recommends approval. Request There was no specific request by Council, however, the 2012 Adopted Sanitation Fund budget assumed this waste disposal contract would be extended at least through 2012. Background The City has maintained a waste disposal contract with Green County since 1999. This intergovernmental agreement has benefited both agencies. It provides the City with a consistent waste flow and associated revenue, and provides the County with cost- effective and environmentally sound waste disposal services. During discussion of the 2012 Proposed City Budget, Council directed staff to try and maintain 2012 waste flows at 2011 estimated levels, and continuing to contract with Green County will assist in this effort. Green County has requested a two-year term, which coincides with agreements the County has with other municipalities to provide waste services. A two-year term would also coincide with the term of contract the City maintains with Town & Country Sanitation. Recommendation Staff recommends the Council adopt File Resolution 2011-869. 1 RESOLUTION NO. 2011- 869 A Resolution authorizing the City Manager to amend an existing contract, on behalf of the City of Janesville, with Green County, extending the term of contract for two years and providing pricing for the disposal of solid waste at the City of Janesville sanitary landfill. WHEREAS, Green County and the City have negotiated an amendment to an existing waste disposal contract which extends the term of contract and establishes disposal fees; and WHEREAS, extending the term of contract with Green County is beneficial to the City in maintaining consistent waste flows and associated revenue; and WHEREAS, Janesville General Ordinance Section 8.64.150 (K) permits such disposal contracts; and, WHEREAS, the Common Council finds this contract to be of benefit to the City and in the best interest of the City’s landfills and the City overall. NOW, THEREFORE BE IT RESOLVED by the Common Council of the City of Janesville that the City Manager and City Administration, on behalf of the City of Janesville, are hereby jointly and severally authorized to amend an existing contract with Green County in the manner and for the purposes set forth in the above recitals, and to negotiate, draft, enter into, amend such contracts and/or other agreements and modifications, and to take such other actions as the City Manager may determine, from time to time, to be in the best interest of the City to effectuate the purpose of this resolution and/or administration of said contract(s), and to establish the time frames and other terms and conditions of each contract not expressly addressed by this resolution, as well as to include the terms and conditions set forth herein. BE IT FURTHER RESOLVED by the Common Council that the City of Janesville hereby amends the existing contract with Green County as follows: 1. Appendix A, Part 5 (A) of the previously amended contract shall be deleted in its entirety and replaced with the following: PART 5 FEE SCHEDULE A. Beginning 2012, CONTRACTOR’S fee payment for the disposal of municipal solid waste at the CITY’S sanitary landfill shall be 95% of the sanitary landfill base fee. Base fee, as used herein, shall be the full and total rate established by City Ordinance 8.64.150 (A) less any and all state and federal fees, taxes and surcharges. 2. Appendix A, Part 7 of the previously amended contract shall be deleted in its entirety and replaced with the following: PART 7 CONTRACT TERM AND RENEWAL The term of this Contract shall begin upon the date of execution by the City Manager and shall extend through December 31, 2013. The terms and conditions of this Contract may be extended if mutually agreed by the CITY and CONTRACTOR. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent 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: Operations Division Prepared by: Operations Division DEPARTMENT OF PUBLIC WORKS MEMORANDUM 12 December 2011 TO: City Council FROM: Mike Payne, Engineering Manager SUBJECT: DIRECTION ON ICE MAKING EQUIPMENT AT THE ICE ARENA Summary At the February 14, 2011 meeting, the Council considered three options for renovating the existing Ice Arena. The Council directed staff to design the long term option but bid the intermediate option as the base bid with alternate bid items for various components of the long term option. The design team has met multiple times with the user groups to obtain input in the design process. In October 2010, the Council approved $2,000,000 for an Ice Arena project. Currently, there is $2,080,000 in designated funds ($1,900,000 in note issue and approximately $180,000 in Energy Efficiency Community Development Block Grant (EECDBG) funds which are available for use on energy saving equipment. The designer recommended we identify the ice making equipment manufacturer prior to going taking the project to bid to accomplish three things: 1) In order to finalize the design of the mechanical room, the specific equipment needed to be identified since all manufacturers have different space requirements and equipment configurations, 2) the EECDBG funds needed to be committed by the end of 2011 in accordance with the grant terms, and 3) due to long lead times of ice making equipment, the equipment needs to be ordered prior to the end of the year to avoid delaying the construction schedule. The installation of the selected ice making equipment will be included in the base bid for the project. Plans and specifications are to be distributed to contractors January 4, 2012 with bids opened January 25, 2012. Council will consider award of the base bid and alternate bid items at the February 13, 2012 meeting. The project schedule targets an April 1 to Sept 1 timeline to avoid the hockey and figure skating seasons. The requirements of the green building resolution apply to this project. Typically the energy conservation components evaluated for inclusion into a project would be presented to Council at the time of contract award. However, since the project base bid is anticipated to exceed authorized Council funding and the project requires a commitment to the ice making equipment prior to the Council evaluating the general contractor bids, staff believed it was appropriate to bring this topic to Council for input on the decision for purchasing ice making equipment. Recommendation The Engineering Division recommends the conventional geothermal ice making system equipment proposed by Thermo Source due to the estimated annual operating savings DIRECTION ON ICE MAKING EQUIPMENT AT THE ICE ARENA 12 DECEMBER 2011 – PAGE 2. of $21,365 with an estimated payback of less than 8 years. This equipment is approximately $100,000 more than a traditional ammonia based ice making system. City Manager Recommendation The City Manager recommends the Thermo Source Geothermal due to the operational payback over 7 ½ years. One concern we have is that this project is approximately $460,000 over the money borrowed and received in grants. I would recommend continuing forward, but if the Council wants to downsize the project, we need to know this in December prior to putting the bids out for construction. Suggested Motion I move to support the purchase of a conventional geothermal ice making system proposed by Thermo Source and authorize issuing a purchase order for the equipment in 2011 in order to apply grant funding to a portion of the purchase. Background The current Ice Arena and ice making equipment was installed in 1974 and has reached the end of its useful life. In 2008, the City performed preliminary evaluations of issues and possible deficiencies at the Ice Arena. During the spring of 2009, the City experienced several small failures and one large failure of the ice making system. As part of the Request for Proposals for the ice making equipment, one of the manufacturers provided two geothermal options taking advantage of the adjacent Lions pond for the cooling component to the ice making system. These two options add cost to the initial installation but will lower operating costs in the future. Below is a table of three options for ice making equipment and replacing the current heating systems. The numbers include actual manufacturer equipment costs and estimated installation: Cimco Thermo Source Thermo Source Ammonia system Geothermal Geothermal Installed equipment $923,200 $1,042,254 $1,388,088* Additional cost baseline $119,054 $464,888 Annual savings $5,740 $21,365 $37,700 Payback n/a 7.6 years 14.5 years Estimated base bid $2,441,228 $2,541,106 $2,845,741* Over current funds $361,228 $461,106 $765,741 *includes replacing existing dehumidification equipment cc: Eric Levitt, City Manager Jay Winzenz, Asst. City Manager CITY MANAGER’S OFFICE MEMORANDUM December 2, 2011 TO: City Council FROM:Rebecca Smith, Management Assistant SUBJECT: Review and Possible Action on Red Flag Program Request Earlier this year Councilmember Rashkin requested a memo examining the implementation of a red flag program. The Public Works Department compiled the attached materials summarizing the varied experiences other communities had with a flagging program. During the December 12 council meeting, staff is requesting direction from the council whether to pursue the implementation of a red flag program. City Manager Recommendation The Council needs to determine if they feel this project warrants the staff time necessary for successful implementation. Background As described in the attachments, a red flag program allows pedestrians to carry a brightly-colored flag with them as they cross the street to help motorists take notice of their presence. A red flag program is not a traffic control device and does not change the requirements of motorists. The purpose of the program is to increase visibility of pedestrians. Communities surveyed had varied experiences using the red flag program. Several communities experienced less than ideal outcomes with low community interest in assisting with the program in La Crosse; low use of the program in Eau Claire; and flags being stolen in DePere. While others, such as Salt Lake City and over 50 sites in Dane County, are experiencing positive results with public interest in promoting, maintaining and using the flag program. Implementation Implementing this program would include defining the program; developing program intersection criteria; determining the approval process for program intersections; developing program rules (what happens if all of the flags are stolen); determining funding guidelines; working with volunteer groups; creating communication materials about the program; initially setting up and maintaining the other logistics of the program. Staff estimates approximately ten (10) hours of work is necessary to establish a red flag program, plus additional time a new intersection is suggested for inclusion in the program. Possible Pilot Locations One location where a red flag pilot/test program may be viable in Janesville is at the crosswalk on Main Street in front of Hedberg Public Library. Staff contacted the Library Director and he felt the Library and/or Library Friends may have interest in being a test site crosswalk, but would want to know the details of the red flag program, such as funding, logistics and responsibilities. If implemented, this location could be evaluated after 6 to 12 months to determine if the program should be allowed at other pedestrian crossings. This program works best in intersections with high pedestrian use, such as near universities or busy pedestrian shopping areas. Staff is unsure how many, if any, intersections in Janesville would meet the criteria for a flag program. ENGINEERING DIVISION MEMORANDUM August 31, 2011 TO:CARL WEBER, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER FROM:DENNIS RYAN, ASSISTANT ENGINEERING MANAGER SUBJECT:PEDESTRIAN RED FLAG PROGRAM Per your request, I have completed some research on this topic.The program involves placing red (or orange) flags in containers at each end of a crosswalk. Pedestrians wanting to cross the street; 1)pick up a flag to signal to drivers their intent to cross the street, 2) hold the flag in the air during the crossing, and 3) place the flag in a container on the far side of the intersection. It appears Kirkland, Washington and Salt Lake City, Utah started programs several years ago and now other communities have followed suit. The Safe Community Coalition of Madison and Dane County program is based on the experience of these communities.I have included a copy of their publication, entitled “Flags Over Dane County;Adopt-A-Crosswalk Program”(Attachment #1).Idid some checking on the Dane County program as well as other Wisconsin locations and gathered the following information: Dane County …Approximately 50 sites funded and administered by the Safe Community Coalition. Proposed locationsare checked andapproved by the “local traffic safety agency”. At the City of Madison, that is the Pedestrian-Bicycle Coordinator in the Traffic Engineering Divisions.At Middleton, it is a Sergeant in the Police Department. LaCrosse …1 location currentlyin front of the Court House, but 2 more are planned as part of a pilot program wheremore data will be gathered on the effectiveness of the program. Currently administered by the LaCrosse County Bike and Pedestrian Coordinator who is attempting to find a community group to pass the baton to, so far with “no takers”.A newspaper article indicates the County received a $500 federal grant to fund the project. Eau Claire …A 2010 pilot program of 3 locations adjacent to Luther Midelfort (a health care facility) “petered-out” after 3 to 6 months. The City supported the trial andMidelfort security staff administered the program as part of their job. They found that people were not using the flags. DePere …In 2008, the City implemented a program at intersections along Broadway at the request of a Broadway business owner “who noticed that people have a hard time crossing the street near his business”. The current Director of Public Works indicated the program “…in my opinion is not working as well as originally thought it might. Flags disappear and there is an issue of keeping them C:\Documents and Settings\smithr\Desktop\RedFlagMemo.doc Page 2 of 2 supplied…I would not recommend it and if there are communities with success stories I would like to hear them as well.” Based on what I’ve read, here are some of the pros and cons of these programs: PROS Relatively low start-upandmaintenance costs.The initial costs for flags, holders, informational stickers, etc. would beapproximately $200 per crosswalk. In some instances, the program maybe used as an alternate to warning lights, rapid flashing beacons, or in-road “yield-to-pedestrian”signage. CONS Flags may tend to “disappear” in some areas, especially if left out 24/7. Many times, the adopting organization brings the flags in at the end of the day and sets them out at the beginning of the dayto minimize that problem. All flags may end up on one side of the streetor in disrepair,requiringconsistent monitoring. The Dane County information suggests “…it is important to select a location where volunteers can be relied upon to monitor the flag supply”. Lack of understanding of the program requiring an education effort to teach the general public about the intent of the program. Finding communityvolunteer organization(s)willing to administer and potentially fund locations. Location criteria would have to be establishedto avoid over-use. The topic came up during the discussion ofpossible traffic signal removal at Academy & Milwaukee. Signalized intersections, especially those with pedestrian walk lights, do not appear to be considered as potential locations from whatI could gather. The red flag set-up isn’t in the federal Manual on Uniform Traffic Control Devices (MUTCD)as a recommended traffic control device and could create a false sense of security, similar to the non-MUTCD “Children at Play” signs. If Council would like to pursue a pilot program, I would recommend private service groups and/or neighborhood organizations be notified of the opportunity to request and “adopt” locations that would be reviewed and approved by the Citybut funded and managed by the adopting group. Attachment (1) Cc:Mike Payne, Engineering Manager C:\Documents and Settings\smithr\Desktop\RedFlagMemo.doc Crosswalk Flags In August of 2000, as part of the Salt Lake City Pedestrian Safety Committee’s initial efforts to reduce pedestrian involved accidents, flags were placed at six crosswalks in the downtown area. The idea for flags was brought to the attention of the pedestrian safety committee by a City Council staff member who saw them being used at a crosswalk in Ketchum, Idaho. The idea is simple. Place a container of flagsat each end of the crosswalk and instruct pedestrians to carry one with them while crossing. The brightly colored flags benefit pedestrians by making them more visible to drivers and the simple act of holding one alerts drivers that the pedestrian has a desire and intentto cross the street (admit it, we’ve all done it –you see a pedestrian standing by the side of the street and you say to yourself, “that person is just standing there and doesn’t really want to cross”, and you drive on by without yielding. With a flag inhand that excuse no longer works; you know the person wants to cross because he/she took the time to pick up a crossing flag!). In addition, many drivers have commented that simply having the brightly colored flags at both ends of a crosswalk makes the crosswalk stand out more, making it easier to notice while on the approach. As the number of city maintained flag locations downtown increased, so did public interest in having them installed outside of the downtown. Due to the difficulties in maintaining numerous outlying flag crossings, the Adopt-a-Crosswalkprogram was created in January 2001. The Adopt-a-Crosswalk program allows individuals or businesses residing within approximately 700 feet of a marked crosswalk to install crosswalk flags by “adopting” or “sponsoring” the crosswalk. To adopt a crosswalk, the sponsor agrees to occasionally monitor the flags to insure they are available at both ends of the crosswalk and to provide replacement flags as needed. In return, the City installs the flag holders, and an initial supply of flags at no cost to the sponsor. The Adopt-a-Crosswalk program has also been expanded to include elementary schools where the city agrees to provide all replacement flags at no cost as long as the school agrees to pick them up from the city when needed. For all other sponsors, the city provides replacement flags to sponsors at $.50 each –subsidizing part of the cost. As of November 15, 2005, 46 crossings have been adopted by schools and 88 by residents/businesses. The city currently maintains 40 crossing flag locations downtown. Salt Lake City map showing all crosswalk flag locations. The flags also have an excellent public education component. When first installed the flags received significant media attention and public comment resulting in a sizeable amount of public pedestrian safety awareness and education. Once the Adopt-a- Crosswalk program began functioning we began to see groups of residents coming together to adopt neighborhood locations. Neighbors talking with neighbors about crosswalk flags and the ability to personally participate in something with the potential to make their neighborhood safer have undoubtedly raised community pedestrian safety awareness. ÝæÄܱ½«³»²¬ ¿²¼ Í»¬¬·²¹Ä³·¬¸®ÄÜ»µ¬±°ÄÍ¿´¬ Ô¿µ» Ý·¬§ Ý®±©¿´µ Ú´¿¹ò¼±½¨ DEPARTMENT OF PUBLIC WORKS MEMORANDUM November 30, 2011 TO: City Council FROM: John Whitcomb, Operations Director SUBJECT: Introduction and Schedule a Public Hearing On a Proposed Ordinance Amending the City’s Solid Waste Ordinance to Increase Sanitary Landfill Fees (File Ordinance 2011-505) Summary File Ordinance 2011-505 amends Janesville General Ordinance 8.64 (Solid Waste and Recycling). Specifically, the proposed Ordinance increases the tipping fee at the Sanitary Landfill, from the current rate of $33.00 per ton to $35.00 per ton, effective January 10, 2012. Per vehicle disposal rates are increased proportionally. The increase is consistent with City Council direction during their review of the 2012 Sanitation Fund budget. Background Based upon projected costs and the tons of waste expected to be disposed at the City’s sanitary landfill in 2012, the 2012 Proposed Sanitation Fund budget included an increase in landfill tipping fees of $1.00 per ton in 2012 – from $33.00 per ton to $34.00 per ton. The proposed fee would be sufficient to ensure costs associated with the landfill are fully recovered, and was calculated utilizing historical methods. During discussion of the 2012 Proposed budget, the City Council directed the tipping fee be increased by an additional $1.00 per ton above the budgetary proposal – up to $35.00 per ton. This was done to reduce the amount of Sanitation Fund balance that is projected to be drawn down in 2012. The fund balance drawdown is related to expenditures in excess of revenue in both the solid waste collection and recycling programs. Recommendation It is recommended that, following the first reading, Ordinance 2011-505 be scheduled for public hearing and final action at either the January 9, 2012 regular City Council meeting. cc: Jay Winzenz, Director of Administrative Services/Assistant City Manager Carl Weber, Director of Public Works Peter Riggs, Assistant Operations Director Mandy Bonneville, Solid Waste Manager ORDINANCE NO. 2011-505 An ordinance amending the City’s Solid Waste Ordinance to Increase Sanitary Landfill Fees. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Sections 8.64.150(A), and (B) of the Code of General Ordinances of the City of Janesville are hereby amended to read as follows: 8.64.150 FEE SCHEDULE A. For all materials hauled to the Sanitary Landfill in vehicles other than City of Janesville owned vehicles, excluding special wastes and wastes used as daily cover, the fee charged shall be the greater of: Thirty five dollars and Thirty three dollars and 00/100 cents ($33.00) 00/100 cents ($35.00) per ton, or B. The following applicable minimum fee regardless of the actual weight deposited: four 1. Passenger cars, three dollars and seventy five cents ($3.75) dollars and 00/100 cents ($4.00); 2. Station wagons, mini-vans and sport utility vehicles, five dollars and five dollars and twenty five cents ($5.25); 00/100 cents ($5.00) 3. Vans, mid-size pickup trucks and trailers with a capacity of two cubic eight dollars and fifty cents yards or less, eight dollars and 00/100 cents ($8.00) ($8.50); 4. Full size pickup trucks and trailers with a capacity of more than two twelve dollars and 00/100 cubic yards, eleven dollars and twenty five cents ($11.25) cents ($12.00); 5. All other vehicles and trailers, including those which have been modified to increase capacity beyond standard capacity, thirty three dollars and 00/100 thirty five dollars and 00/100 ($35.00). cents ($33.00) SECTION II. This ordinance and its fees shall take effect at 12:00 o’clock a.m. on January 10, 2012, the public interest, welfare, benefit and good so requiring, and the Common Council so finding. 1 ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Dongarra-Adams Liebert Eric J. Levitt, City Manager McDonald Rashkin ATTEST: Steeber Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Assistant City Attorney Proposed by: Operations Division Prepared by: Operations Division 2 Community Development Department Memorandum Date: December 12, 2011 TO: Janesville City Council FROM: Brad Schmidt, AICP, Associate Planner SUBJECT: Introduce, refer to Plan Commission and schedule a public hearing on a proposed ordinance amending the zoning conditions of approval for property located on the southwest corner of Jerome Avenue and Delavan Drive (File Ordinance No. 2011-504) _____________________________________________________________________ Nick Cray, representing ANGI Energy Systems, Inc., has submitted a request to amend the zoning conditions of approval for property located on the southwest corner of Jerome Avenue and Delavan Drive (former Gilman Engineering Corp.). In the late 1980’s and 1990’s, Gilman acquired a number of residential properties adjoining their manufacturing facility along Jerome Avenue to allow for building expansions. These parcels were rezoned from R2, Limited General Residence District to M2, General Industrial District as part of that process. During both rezoning requests, zoning conditions of approval were included in the ordinances adopted by City Council. The applicant is requesting that one of the zoning conditions be amended to permit truck delivery traffic on Jerome Avenue to the existing shipping/receiving dock located on the east side of the building at 305 W. Delavan Drive. Currently, truck access onto Jerome Avenue is restricted to maneuvering for shipping purposes only; not shipping and receiving. Although the subject property is not being rezoned, the same process as typically occurs with a rezoning must be followed to amend, add or delete any zoning conditions of approval previously applied to this property. The Community Development Department recommends that following the first reading of Ordinance No. 2011-504, it be referred to the Plan Commission for review and recommendation and then scheduled for public hearing on 23 January 2012. cc: Eric Levitt Jay Winzenz ORDINANCE NO. 2011-504 An ordinance amending the zoning conditions of approval for property located at the southwest corner of Jerome Avenue and Delavan Drive with a penalty and injunctive relief for a violation thereof as set forth in Section 18.28.010 of the Code of General Ordinances of the City of Janesville. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. The conditions set forth in Revised Ordinance 88-584, Section III.C. adopted 25 July 1988, which read as follows: “That Jerome Avenue may be used for truck maneuvering (using the street to back up in or onto) to the shipping area. That Jerome Avenue not be used for receiving truck access to the plant after July 31, 1990, but that truck access on Jerome Avenue for the purpose of shipping will be permitted provided that such truck traffic shall only be allowed to travel in a southerly direction on Jerome Avenue from Delavan Drive to the truck access point and in a northerly direction from the truck access point to Delavan Drive.” are hereby amended to read as follows: “Jerome Avenue may be used for truck maneuvering (using the street to back up in or onto) to the shipping/receiving area. Truck access on Jerome Avenue for the purpose of shipping/receiving will be permitted provided that such truck traffic shall only be allowed to travel in a southerly direction on Jerome Avenue from Delavan Drive to the truck access point and in a northerly direction from the truck access point to Delavan Drive.” SECTION II. The conditions set forth in Ordinance 99-1240, Section II.C. adopted 26 April 1999, which read as follow: “Jerome Avenue may be used for truck maneuvering (using the street to back up in or onto) to the shipping area. Jerome Avenue shall not be used for receiving truck access to the plant. Truck access on Jerome Avenue for the purpose of shipping will be permitted provided that such truck traffic shall only be allowed to travel in a southerly direction on Jerome Avenue from Delavan Drive to the truck access point and in a northerly direction from the truck access point to Delavan Drive.” are hereby amended to read as follows: “Jerome Avenue may be used for truck maneuvering (using the street to back up in or onto) to the shipping/receiving area. Truck access on Jerome Avenue for the purpose of shipping/receiving will be permitted provided that such truck traffic shall only be allowed to travel in a southerly direction on Jerome Avenue from Delavan Drive to the truck access point and in a northerly direction from the truck access point to Delavan Drive.” 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 Dongarra-Adams Eric J. Levitt, City Manager Liebert McDonald ATTEST: Rashkin Steeber Jean Ann Wulf, City Clerk-Treasurer Voskuil APPROVED AS TO FORM: City Attorney Proposed by: Applicant Prepared by: Community Development Department Þí Ý Ý Îî Þí Óï Þí Þí Îî Óî q Í«¾¶»½¬ Í·¬» Ô»¹»²¼ Ʊ²·²¹ Þ±«²¼¿®§ Îï Í·²¹´»óÚ¿³·´§ ú Ì©± Ú¿³·´§ λ·¼»²½» Ü·¬®·½¬ Ñí Ò»·¹¸¾±®¸±±¼ Ѻº·½» Ü·¬®·½¬ Óï Ô·¹¸¬ ײ¼«¬®·¿´ Ü·¬®·½¬ ÎïÜ Ì©± Ú¿³·´§ λ·¼»²½» Ü·¬®·½¬ Þï Ò»·¹¸¾±®¸±±¼ ݱ²ª»²·»²½» Ü·¬®·½¬Óî Ù»²»®¿´ ײ¼«¬®·¿´ Ü·¬®·½¬ Îî Ô·³·¬»¼ Ù»²»®¿´ λ·¼»²½» Ü·¬®·½¬ Þî ݱ³³«²·¬§ ͸±°°·²¹ Ü·¬®·½¬Óí Ý»²¬®¿´ Ô·¹¸¬ ײ¼«¬®·¿´ Ü·¬®·½¬ Îí Ù»²»®¿´ λ·¼»²½» Ü·¬®·½¬ Þí Ù»²»®¿´ ݱ³³»®½·¿´ Ü·¬®·½¬Óì Ý»²¬®¿´ Ù»²»®¿´ ײ¼«¬®·¿´ Ü·¬®·½¬ Ü¿¬»æ ïîñïñïï ÎíÓ Ó»¼·«³ Ü»²·¬§ λ·¼»²½» Ü·¬®·½¬ Þì Þ«·²» Ø·¹¸©¿§ Ü·¬®·½¬ß ß¹®·½«´³¬«®¿´ Ü·¬®·½¬ Îì Ý»²¬®¿´ λ·¼»²½» Ü·¬®·½¬ ͽ¿´»æ ïþã íððù Þë Ý»²¬®¿´ Þ««·²» Ü·¬®·½¬ Ó Ó·²·²¹ Ü·¬®·½¬ Ñï Ѻº·½» ñ λ·¼»²½» Ü·¬®·½¬ Þê Ý»²¬®¿´ Í»®ª·½» Ü·¬®·½¬ Ý Ý±²»®ª¿²½§ Ü·¬®·½¬ Ó¿° ݱ±®¼·²¿¬»æ Óóïí Ñî Ý»²¬®¿´ Ѻº·½» ñ λ·¼»½» Ü·¬®·½¬ ÞÌ Þ«·²» Ì»½¸²±´±¹§ Ü·¬®·½¬ ÔÑÝßÌ×ÑÒ ñ ÆÑÒ×ÒÙ ÓßÐ Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ ßÓÛÒÜÓÛÒÌ ÌÑ ÆÑÒ×ÒÙ ÝÑÒÜ×Ì×ÑÒÍ ÑÚ ÓßÐ ï ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ ßÐÐÎÑÊßÔ ÚÑÎ íðë ÉÛÍÌ ÜÛÔßÊßÒ ÜÎò ÍæЮ±¶»½¬Äд¿²²·²¹ÄÝ¿»ÄÝ¿»óîðïïÄÓóïí íðë É Ü»´¿ª¿²