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Full Agenda Packet CITY OF JANESVILLE CITY COUNCIL MEETING AGENDA MONDAY, February 27, 2012 7:00 P.M. 1.Call to Order and Pledge of Allegiance. 2.Roll Call. 3.City Council meeting minutes of February 13, 2012. “C” 4.Licenses; and Recommendations of the Alcohol License Advisory Committee. (Refer to separate agenda.) “C” 5.Motion to approve final Certified Survey Map #12002-C, City of Janesville, 3 lots along Beloit Avenue. “C” 6.Action on a financial gain request by Partners in Prevention for a run/walk to be held on June 9, 2012. “C” 7.Recognize 2011 City Employees of the Year. OLD BUSINESS 1.Requests and comments from the public regarding items on the Agenda not requiring a public hearing. 2.Public hearing and action on a proposed final resolution for assessable sewer and water laterals. (File Res. No. 2012-889) 3.Second reading, public hearing and action on a proposed ordinance amending Janesville’s parking penalties. (File Ord. No. 2012-509) NEW BUSINESS 1.Presentation on elections. ----------------------- “C” – This designation indicates an item that the City Council will take up under a Consent Agenda. City Council Agenda – February 27, 2012 Page 2 NEW BUSINESS (CONTINUED) 2.Authorization for the City Manager to enter into a contract with Applied Marketing Sciences for a “Lead Generation” Program for economic development business attraction. 3.Action on a proposed resolution authorizing the City Manager to enter into a TIF Development Agreement in the amount of $28,030 with Fab- Masters Inc. for a development within ½ mile of TIF #26. (File Res. No. 2012-890) 4.Action on a proposed resolution approving the continuation of Worker Compensation Limited Self-Insurance Program. (File Res. No.2012-883) 5.Action on a proposed resolution releasing a water main easement on property located at 900 South Palm Street. (File Res. No. 2012-888) 6.Action on a proposed resolution authorizing the City Manager to sell the Hugunin House located at 2739 Beloit Avenue. (File Res. No. 2012-884) 7.Action on a proposed resolution authorizing the City Manager to sell property located at 407 Lincoln through the Neighborhood Stabilization Program. (File Res. No. 2012-887) 8.Action on a proposed resolution authorizing the demolition of tax foreclosed property located at 203 Linn Street. (File Res. No. 2012-886) 9.Award of Contracts 2012-4 (street resurfacing), C2012-5 (curb & gutter and sidewalk replacement), C2012-6 (manhole rehabilitation/reconstruction, C2012-7 (Palmer Drive bridge railing replacement), C2012-8 (water and sewer system improvements), and C2012-9 (Janesville Innovation Center) for Public Works Bid Schedule “B” – 2012. 10.Introduce and schedule a public hearing on proposed ordinances revising beer and liquor sales hours in Class A liquor stores. (Re-Revised File Ordinance No. 2012-508 and Re-Revised File Ordinance No. 2012-508-S) 11.Introduce and schedule a public hearing on proposed ordinances allowing the sale, use, and consumption of fermented malt beverages at the Senior Activity Center and Dawson Softball Complex. (File Ord. Nos. 2012-510 and 2012-511) City Council Agenda – February 27, 2012 Page 3 NEW BUSINESS 12.Requests and comments from the public on matters which can be affected by Council action. 13.Matters not on the Agenda. 14.Consideration of one or more motions to convene into closed session, pursuant to Wisconsin Statute Section 19.85(1)(e), for the purpose of deliberating and setting the negotiating and bargaining terms and conditions for the potential acquisitions of real property located at 55 South River Street and/or the 202 Riverside Street for public purposes; and for a potential TIF #22 development agreement, since competitive or bargaining reasons require a closed session. The use of audible cell phone ringers and active use and response to cellular phone technology by the governing body, staff and members of the public is discouraged in the Council Chambers while the Council is in session. PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING FEBRUARY 13, 2012 VOL. 62 NO. 31 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on February 13, 2012. The meeting was called to order by Council President Steeber at 7:00 PM. Boy Scout Troop #539 led the Council in the Pledge of Allegiance. Present: Council President Steeber and Councilmembers Dongarra-Adams, Liebert, McDonald, Rashkin, and Voskuil. CONSENT AGENDA City Council meeting minutes of January 23, 2012. Licenses; and Recommendations of the Alcohol License Advisory Committee. (Refer to separate agenda.) Council President Steeber stated that all items on the consent agenda would be approved if there were no objections. There were none. OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. Tony Farrell Sr., 2600 Meadowview Dr. spoke in support of an agreement with Shine Medical Technologies (SHINE) (NB #1). Julie Backenkeller, 719 N. Grant Ave., Al Lembrich, 541 Miller Ave., Jim Ferrell, 1427 N. Harmony Dr., Gary Utterberg, 5128 Buckskin Dr., Andreah Briarmoon, 339 S. Locust St., Guy Smith, 2413 Hawaii Dr. and Billy McCoy, 1326 Putnam Ave., spoke against an agreement with SHINE (NB #1). Edward Spenske, 1411 S. Terrace St., spoke against upgrading the ice arena (NB #4). Mary Vuhovich, 811 N. Washington St., spoke in favor of extending health care and related benefits to domestic partners of qualifying City and Library employees (NB #2). Michael McCarthy, 4121 Bordeaux Dr., spoke against extending health care and related benefits to domestic partners (NB #2), spoke against upgrading the Ice Arena (NB #4) and spoke against entering into a TIF development agreement with SHINE (NB #1). Greg Piefer, representing SHINE and Tim Weber, 1615 Newport Ave., spoke in favor of entering a TIF agreement with SHINE. Council President Steeber moved New Business #7 next in the discussion. 7. Review and approval of an economic development grant to Decisions LLC, DBA as Lyfe Lounge and Banquets (Lyfe) located at 18-24 River Street. Councilmember McDonald moved to approve said grant, seconded by Councilmember Liebert and passed unanimously. Council president Steeber combined the public hearing and action on Old Business Items #2 and #3. 2. & 3. Proposed ordinances annexing property located at 4021 U.S. Highway 51 South, (Ord. No. 2012-506) and zoning said property to M1 upon annexation, (Ord. No. 2012-507) received their second reading and public hearing. Julie Backenkeller, 719 N. Grant Ave., and Mike McCarthy, 4121 Bordeaux Dr., opposed the ordinances and stated that farmland should be preserved. Andreah Briarmoon, 339 S. Locust St., opposed the ordinances and the City’s plan to provide this property to SHINE. Al Lembrich opposed the ordinances and stated the SHINE development should use existing property within our TIF districts. The public hearing was closed. Councilmember Rashkin moved to adopt said ordinances, seconded by Councilmember Dongarra-Adams and passed by the following vote: Aye: Dongarra-Adams, Liebert, Rashkin, Steeber and Voskuil. Nay: McDonald. Council President Steeber moved Old Business #5 to next in the discussion. 5. Action on a proposed resolution amending the Project Plan and boundaries for Tax Increment Finance District No. 35. Councilmember Rashkin moved to adopt said resolution, seconded by Councilmember Voskuil, and passed unanimously. (File Res. No. 2012-875) Council President Steeber moved New Business #1 to next in the discussion. NEW BUSINESS 1. Action on a proposed resolution authorizing the City Manager to enter into a TIF development agreement with SHINE. Councilmember Dongarra-Adams moved to adopt said resolution, seconded by Council President Steeber. Economic Development Director Vic Grassman introduced the officers of SHINE and they described their business plan. After discussion, Councilmember Voskuil moved the question, seconded by Councilmember Liebert and passed by the following vote: Aye: Dongarra-Adams, Liebert, Steeber and Voskuil. Nay: McDonald and Rashkin. The Council voted on the motion and it passed by the following vote: Aye: Dongarra-Adams, Liebert, Steeber and Voskuil. Nay: Rashkin. Pass: McDonald. (Resolution No. 2012-882) Council President Steeber moved Old Business #4 to next in the discussion. 4. A proposed ordinance amending City of Janesville alcohol regulations to allow Class A liquor and beer sales starting at 8:00 o’clock a.m. received its second reading and public hearing. Police Chief Moore presented information on this ordinance. During his presentation, he showed the Council the 26 long stem red roses that the Police th Department received from the 4 Ward Committee for the 26 drug arrests made in their area. Sarah Johnson, 1314 S. Arch St., spoke in favor of the ordinance. Andreah Briarmoon, 339 S. Locust St., spoke against the ordinance. The public hearing was closed. Councilmember Liebert moved to adopt said ordinance, seconded by Councilmember Rashkin and failed by the following vote: Aye: Liebert and Rashkin. Nay: Dongarra-Adams, McDonald, Steeber and Voskuil. Councilmembers Voskuil and Dongarra-Adams requested the Administration prepare an ordinance with the hours from 6 a.m. to 9 p.m. (Revised File Ord. No. 2012-508) 2. Action on a proposed resolution extending health care and related benefits to domestic partners of qualifying City and Library employees. Councilmember Liebert moved to adopt said resolution, seconded by Councilmember Rashkin. Councilmember Rashkin offered a friendly amendment to extend funeral leave now and requested the Administration prepare information on health care benefits to be considered during the 2013 budget discussions. The friendly amendment was not accepted. The original motion was withdrawn. Councilmember Liebert moved to adopt the resolution with funeral leave extended within 30 days and to exclude all health insurance benefits, seconded by Councilmember Rashkin and passed unanimously. (File Res. No. 2012-863) 3. Presentation on elections. City Clerk-Treasurer Jean Ann Wulf gave a presentation on elections. She explained redistricting, polling place changes, and the new photo ID law. 4. Award of Contracts 2012-1 (ice arena addition & renovation), 2012-2 (landfill closure – phase 1), and 2012-3 (new sidewalk) for Public Works Bid Schedule A – 2012. Councilmember McDonald moved to award the contracts as recommended, with Contract 2012-1 including alternate number 5, seconded by Councilmember Liebert. The motion and second were withdrawn. Councilmember Liebert moved to award contracts 2012-1 and include alternate number 5, 2012-2, and 2012-3 to the low bidders and express the intent to include in the 2012 Note Issue $675,000 for the Ice Arena project, $1,430,000 for the Landfill project, and $318,310 for new Sidewalks. The motion was seconded by Councilmember Voskuil. Council President Steeber stated that each contract would be voted on separately. Contract 2012-1 including alternate number 5 passed by the following vote: Aye: Dongarra-Adams, Liebert, Rashkin, Steeber and Voskuil. Nay: McDonald. Contract 2012-2 passed unanimously. Contract 2012-3 failed by the following vote: Aye: Rashkin, Steeber and Voskuil. Nay: Dongarra-Adams, McDonald and Liebert. Councilmember McDonald moved to reconsider Contract 2012-3, seconded by Council President Steeber and the motion to reconsider passed by the following vote: Aye: McDonald, Rashkin, Steeber and Voskuil. Nay: Liebert and Dongarra-Adams. Councilmember McDonald moved to award Contract 2012-3, seconded by Council President Steeber and passed by the following vote: Aye: McDonald, Rashkin, Steeber and Voskuil. Nay: Dongarra-Adams and Liebert. Councilmember Voskuil left the Council Chambers 5. Action on a proposed preliminary resolution for assessable sewer and water laterals and schedule a public hearing for the final resolution. Councilmember McDonald moved to adopt said resolution and schedule a public hearing on February 27, 2012, seconded by Councilmember Rashkin and passed unanimously. (File Res. No. 2012-881) Councilmember Voskuil returned to the Council Chambers. 6. Action on a proposed resolution authorizing the City Administration to expend funds to replace turf maintenance equipment at Riverside and Blackhawk Golf Courses. Councilmember McDonald moved to adopt said resolution, seconded by Councilmember Voskuil and passed unanimously. Director of Administration Jay Winzenz informed the Council that the bridges at Blackhawk Golf Course were unsafe and needed immediate attention. Councilmembers requested that the Administration explore fund raising to offset some of the bridge repair costs. (File Res. No. 2012-885) 8. Action on a proposed resolution supporting an amendment to the US Constitution regarding corporate personhood. Councilmember Rashkin moved to adopt said resolution, seconded by Councilmember Liebert. The motion was withdrawn. Councilmember McDonald suggested having this item return as a referendum item for the November Election. (File Res. No. 2012-880) 9. Action on a proposed Council policy establishing term limits for City Councilmembers serving on Boards, Commissions and Committees. Councilmember Rashkin moved to approved Council Policy No. 90 with appointments prior to 2012 excluded, seconded by Councilmember McDonald and failed by the following vote: Aye: McDonald and Rashkin. Nay: Dongarra-Adams, Liebert, Steeber and Voskuil. (Council Policy No. 90). 10. Action on dissolution of the Ice Skating Center Advisory Committee and the Cable Advisory Committee. Councilmember Rashkin moved to approve the dissolution of both committees, seconded by Councilmember McDonald. Council President stated that the Council will vote separately on each committee. The Ice Skating Center Advisory Committee dissolution passed by the following vote: Aye: Liebert, McDonald, Rashkin and Steeber. Nay: Dongarra-Adams and Voskuil. The Cable Advisory Committee dissolution passed unanimously. 11. A proposed ordinance amending Janesville’s parking penalties was introduced and scheduled for a public hearing on February 27, 2012. (File Ord. No. 2012-509) 12. Requests and comments from the public on matters which can be affected by Council action. Tony Farrell, 2600 Meadowview Dr., stated that Rock County Day in Madison is scheduled for Wednesday, February 22, 2012 and would be a good opportunity to show the state what is important in Janesville. Andrea Briarmoon, 339 S. Locust St., stated that the Council should rescind their vote on sidewalks, the golf lease agreement should include payments to the City instead of to the management company, election postcards should be sent to all residents, drug dealers do not live in the fourth ward and resents the flowers sent to the Police Department, and we should monitor the nuclear waste generated by SHINE. Guy Smith, 2413 Hawaii Dr., requested additional discussion on SHINE because it is a detriment to the City, stated that sidewalks should not be ordered in and Blackhawk Golf Course should be shut down to save money. 13. Matters not on the Agenda. Councilmember Voskuil asked that the 2011 Employees of the Year be recognized at a future Council meeting. 14. Councilmember Rashkin moved to adjourn, seconded by Councilmember McDonald and passed unanimously. There being no future business, the Council adjourned at 11:55 p.m. These minutes are not official until approved by the City Council. Jean Ann Wulf City Clerk-Treasurer JANESVILLE CITY COUNCIL LICENSE AGENDA 2/27/2012 RECOMMENDED A. ELECTRICIANS–ORIGINAL Christopher J. Weidert 130 Industrial Dr., Burlington, WI B. SECONDHAND ARTICLE DEALER–ORIGINAL Ed Marshall Inc. d/b/a British International 10261 N. Scottsdale Rd., Scottsdale, AZ Gold Into Cash Inc. 36 Ridgeland Ave., Fox Lake, IL Community Development Department Memorandum February 27, 2012 TO: Janesville City Council FROM: Brad Schmidt, AICP, Associate Planner SUBJECT: Final CSM 12002-C, City of Janesville, 3 Lot CSM along Beloit Avenue. SUMMARY The City of Janesville requests approval of a 3-lot certified survey along Beloit Avenue. The survey proposes to subdivide an existing 6.4 acre lot owned by the City of Janesville. The subject property contains the historic Hugunin residence acquired by the City in 2004 when surrounding lands were purchased to create the TIF 16 industrial park. Proposed Lot 2 contains the former Hugunin residence which is listed on the National Register of Historic Places. Lots 1 and 2 are undeveloped and will remain available for future industrial uses. All three lots in the survey area are zoned M1, Light Industrial district. DEPARTMENT RECOMMENDATION The Community Development Department and Plan Commission recommend that the City Council approve Final CSM 12002-C. CITY MANAGER’S RECOMMENDATION The City Manager concurs with the Plan Commission recommendation. SUGGESTION MOTION A motion to approve Final CSM 12002-C. ANALYSIS A. The lots created by the survey comply with the standards of the Subdivision Ordinance, the M1 Zoning District in which the site is located and approved plans for the area. B. The proposed survey area was part of the larger Hugunin Farm. The City purchased the farm from Mrs. Hugunin to create TIF District No. 16. As part of that deal, Mrs. Hugunin was allowed to continue living on the farmstead for the rest of her life or until a time she choose to leave. The farmstead includes an historic single-family residence and two accessory buildings. The single-family residence is located on the National Register of Historic Places. As part of this proposed survey, a conservation easement must be recorded for the land area defined by Lot 2 which protects the historic character of the structure. C. In 2008, the City Council declared the Hugunin residence and property immediately surrounding the house as surplus thus making it available for sale. The City has obtained an accepted offer to purchase the property for residential purposes and must create Lot 2 in order for the sale to be completed. A note has been affixed to the survey indicating that a conservation easement will be recorded against Lot 2 to protect the historic character of that property. D. The survey area is 6.4 acres in size and has been proposed to be subdivided into 3 lots. E. Special assessments for sidewalks were collected in 1999 when the survey area was previously subdivided. The final survey includes the following note, “Sidewalks are planned for the Beloit Avenue frontage of Lot 1, Lot 2 and Lot 3 and shall be installed in accordance with the City Ordinance and policy when deemed necessary by the City.” F. Existing utility easements and any new easements requested by the Engineering Department and utility companies serving the area have been delineated on the final survey. G. Special assessments for sidewalk, street light and storm water improvements were previously collected when the survey area was platted in 1999. PLAN COMMISSION ACTION – FEBRUARY 20, 2012 The Plan Commission unanimously agreed to forward CSM 12002-C to the City Council with a favorable recommendation. cc: Eric Levitt Jay Winzenz q Ô»¹»²¼ Í«¾¶»½¬ Í·¬» Ü¿¬»æ îñïëñïî Í½¿´»æ ïþã ëððù Ó¿° Ý±±®¼·²¿¬»æ Òóç ÔÑÝßÌ×ÑÒ ÓßÐ Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ ÓßÐ ï ÝÍÓ ïîððîóÝ ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ ÍæÐ®±¶»½¬ÄÐ´¿²²·²¹ÄÍ«®ª»§Ó¿°ÄÍ«®ª»§Ó¿°óîðïîÄÒóçÁïîððîóÝ LEISURE SERVICES DEPARTMENT MEMORANDUM February 20, 2012 TO: City Council FROM: Shelley Slapak, Acting Recreation Director SUBJECT: Action on a Financial Gain Request from Partners in Prevention Introduction Partners in Prevention, a non-profit organization, has submitted an application requesting approval of a run/walk to benefit their cause. The event is to be conducted on a route beginning and ending at the Hilltop Pavilion in Palmer Park. The planned route will utilize City streets and the bike trail. The event is scheduled to take place on Saturday, June 9, 2012, and is titled “Move-It for Healthy Living”. According to Chapter 12.62, in section 12.62.02 of the Janesville Municipal Code, the City Council must approve all first time special event applications involving financial gain. Attached is a copy of the application and run/walk route map, and other supporting documents. Background Partners in Prevention has provided the Leisure Services Department with a completed application, a map of the run/walk route, and recycling plan. A certificate of liability insurance will be brought in and fees paid upon approval of this event. Staff Recommendation Leisure Services has reviewed this application, and staff recommends that the City Council approve the request from Partners in Prevention to conduct a run/walk fundraiser for their organization. City Manager Recommendation The City Manager concurs with Leisure Services. Suggested Motion I move to approve the financial gain request from Partners in Prevention to conduct the “Move-It for Healthy Living” run/walk fundraiser. Please contact me if you have questions or concerns regarding this event. Attachments Cc: Eric Levitt, City Manager Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services 1 DEPARTMENT OF PUBLIC WORKS MEMORANDUM 17 February 2012 TO: City Council FROM: Mike Payne, Engineering Manager SUBJECT: PUBLIC HEARING AND ACTION ON A PROPOSED FINAL RESOLUTION FOR ASSESSABLE SEWER AND WATER LATERALS ON FEBRUARY 27, 2012 (FILE RES. NO. 2012-889) Summary: The Resolution includes sewer and water laterals, affecting two properties on McCormick Drive, which is required prior to the Wisconsin Department of Transportation constructing roadway modifications in 2012. One property is in the City and the other property is outside the City. By adopting this Final Resolution, the City is declaring its intent to assess the abutting properties benefited by these improvements. The City Council approved Final Assessment Resolution 2011-846 on October 24, 2011 for sewer and water lateral installations along McCormick Drive. The two properties affected by this resolution and circled in red on the attached map were not included on the previous resolution because it was anticipated the sewer and water mains could be accessed following the DOT improvements without impacting the new pavement. It was determined in the field while the contractor was working that the water and sewer mains were closer to the existing pavement than anticipated which required laterals to be installed. Category I includes water and sewer laterals (for assessment purposes only). City Manager’s Recommendation: The City Manager recommends adoption of Final Resolution No. 2012-889. Engineering Division Recommendation: The Engineering Division recommends adoption of Final Resolution No. 2012-889. Suggested Motion: I move to adopt Final Resolution No. 2012-889. Attachments - Resolution 2012-889 - Engineer’s Report - Map cc: Eric Levitt Jacob J Winzenz Carl Weber CITY OF JANESVILLE 27 FEBRUARY 2012 ASSESSABLE SEWER AND WATER LATERALS PAGE (1) OF (4) RESOLUTION NO. 2012-889 FINAL RESOLUTION FINAL RESOLUTION DECLARING INTENT TO EXERCISE SPECIAL ASSESSMENT POWERS UNDER SECTION 66.0703, WISCONSIN STATUTES AND REQUIRING INSTALLATION OF WATER, SEWER, AND GAS SERVICE PIPES AND PROVIDING FOR ASSESSMENT OF COSTS UNDER SECTION 66.0911, WISCONSIN STATUTES; RESOLVED, By the Common Council of the City of Janesville, Wisconsin. 1. The Common Council hereby declares its intention to exercise its power pursuant to S.66.0703 and S.66.0911, Laws of the State of Wisconsin, to levy special assessments on a reasonable basis upon property abutting the following described streets, pursuant to its police powers, by improvement of the said streets to further facilitate traffic flow and safety, and to assist in providing for the safety, health, and general welfare of the public, to-wit: I. SEWER AND WATER SERVICE LATERALS - FOR ASSESSMENT PURPOSES ONLY All Property Fronting Upon Each Side Of From To Mc Cormick Drive STH 26 (Milton Ave) CTH Y (John Paul Road) 2. Said public improvements shall include the above listed improvements on the various listed streets to the grades established therefore by the City Council of the City of Janesville, Wisconsin, and recorded in the Office of the City Clerk whether previously established or established in the future. 3. The property against which the assessments are proposed shall be benefited by the improvements and said assessments shall be made upon a reasonable basis. 4. That the actual levy of the special assessment shall take place at the time of the adoption of the final public works resolution by the Common Council of the City of Janesville concerning these improvements. The property owner(s), if any property abutting and/or benefitting from this project is located in Rock Township, against whose property such special assessment shall be levied under and by this Resolution, shall have their payment obligation deferred, without interest accruing thereon, until such time as their specific property is annexed or connects to such improvement(s), in which event the special assessment shall be due and payable either in full or in five (5) annual installment payments, the CITY OF JANESVILLE 27 FEBRUARY 2012 ASSESSABLE SEWER AND WATER LATERALS PAGE (2) OF (4) FINAL RESOLUTION NO. 2012-889 latter with interest accruing thereon from the date of annexation or connection. This method of payment shall be approved and ratified by the Board of the Town of Rock in accord with Section 66.0707 of the Wisconsin Statutes, and such other applicable provisions of law and intergovernmental agreement(s), and shall act, once so ratified by the Rock Town Board, as a levied special assessment against such abutting and/or benefiting properties in the Town of Rock. This levy and special assessment payment provisions are in accord with the City of Janesville/Town of Rock Cooperative Boundary Plan, City of Janesville Common Council Special Assessment Policy No. 63, related pertinent provisions, and the Town of Rock/Janesville Highway 11 Bypass Agreement. The special assessment levy and payments shall be made by the abutting, benefiting and affected property owners in accord with the LaPrairie and Rock Township City of Janesville Highway 11 Bypass Agreement, as well as the Rock/Janesville Cooperative Boundary Plan. This provision applies only to the properties located in the Town of Rock. 5. Excluding the assessment for the installation of sewer and water service pipes (lateral) and the assessment against any parcel owned by an individual property owner may be: (a) paid in cash upon completion of the work; or (b) paid with the taxes the first year following completion of the work; or (c) at the election of the property owner, spread over a period of five (5) years with interest at six percent (6%) per annum on the unpaid balance. The first installment on the five-year plan shall include one-fifth of the principal with the interest for November and December on the unpaid portion and shall be so entered in the Tax Roll. Each of the subsequent installments shall be entered in each of the annual tax rolls thereafter until all are collected. Deferred payment on the aforementioned installments shall bear interest at six (6%) per annum. The assessments against any parcel for sewer and water service pipes shall constitute a lien against such parcel and must be paid in cash or with the taxes in the year following the completion of the work. The assessments, as outlined above, pertain only to said individual property owners. The assessments against all parcels of land owned by others, which include subdividers, land developers, speculative builders, or owners of several or more lots on the same street or in the same area will be billed upon completion of the work after which interest at six percent (6%) per annum will be charged from the last day of the month of the billing. The assessments for said other owners may be: (a) paid in cash upon completion of the work in the month of billing without interest; or (b) paid with the taxes the first year following the completion of the work, the amount to be entered in the Tax Roll shall include the unpaid principal with interest through the end of December in the year so entered; or, (c) at the election of the property owner and with the approval of the Committee of Public Works, spread over a period of five (5) years with interest at six percent (6%) per annum on the unpaid balance. The first installment on the five-year plan shall include one-fifth of the principal with interest through the end of December in the year so entered. Each of the subsequent installments shall be entered on each of the annual tax rolls thereafter until all are collected. Deferred payment on the aforementioned installments shall bear interest at six percent (6%) per annum. CITY OF JANESVILLE 27 FEBRUARY 2012 ASSESSABLE SEWER AND WATER LATERALS PAGE (3) OF (4) FINAL RESOLUTION NO. 2012-889 6. The City Engineer is directed to prepare a report consisting of: a. Final plans and specifications for said improvements, b. An estimate of the entire cost of the proposed improvements, c. A schedule of the proposed assessments, and d. A statement showing that the property against which the assessments are proposed is benefited, the improvement constituting an exercise of police powers. Upon completing such report, the City Engineer is directed to file a copy thereof in the City Clerk's Office for public inspection. The City Engineer is also directed to advertise for bids to carry out such work of such improvements in accordance with the report. 7. Upon receiving the report of the City Engineer, the Clerk is directed to give notice of a Public hearing on such report as specified in S.66.0703(7)(a), Wisconsin Statutes. The hearing shall be held at the Council Chambers in the Municipal Building at a time set by the Clerk, in accordance with S.66.0703(7)(a), Wisconsin Statutes. 8. The City has determined to undertake the capital improvements described in paragraph 1 above (the "Projects"). The City anticipates that moneys, other than the proceeds of any outstanding debt of the City, will be expended by the City with respect to such capital improvements. The City reasonably expects to be reimbursed for such expenditures with proceeds of its debt. The maximum principal amount of debt expected to be issued for the reimbursement of such expenditures is $5,000,000. No funds from sources other than the debt referred to above are, or are expected to be, reserved, allocated on a long-term basis, or otherwise set aside by the City or any entity controlled by the City pursuant to its budget or financial policies with respect to the Projects. This is consistent with the budgetary and financial circumstances of the City. Copies of this resolution shall be made available for public inspection in the manner required by law. This Resolution is a declaration of official intent under Treasury Regulation Section 1.150-2. CITY OF JANESVILLE 27 FEBRUARY 2012 ASSESSABLE SEWER AND WATER LATERALS PAGE (4) OF (4) FINAL RESOLUTION NO. 2012-889 ADOPTED: MOTION BY: APPROVED: SECOND BY: COUNCILMEMBER AYE NAY PASS ABSENT Eric Levitt, City Manager ATTEST: DONGARRA-ADAMS LIEBERT Jean Ann Wulf, City Clerk-Treasurer McDONALD APPROVED AS TO FORM: RASHKIN STEEBER City Attorney, Wald Klimczyk VOSKUIL Proposed by: ENGINEERING DIVISION Prepared by: ENGINEERING DIVISION POLICE DEPARTMENT MEMORANDUM 02/21/2012 TO: City Council FROM: Police Chief David J. Moore SUBJECT: Second Reading, Public Hearing and Action on a proposed Ordinance Amending Janesville’s Parking Penalties (File Ord 2012-509) Background During the budget discussions for the 2012 city budget, staff recommended and the City Council discussed the increase of parking fines as a revenue source. The City Council discussed the following increases in the parking fines: Parking ticket fees are proposed to increase 50%, from $10 to $15, and from $20 to $30 except for:  A ticket for parking on the street during a snow emergency is proposed to increase from $20 to $50;  A ticket for parking within 10 feet of a fire hydrant is proposed to increase from $20 to $50; and  A ticket for parking in a handicapped parking stall is proposed to increase from $40 to $120. Executive Summary After the police department’s budget session on October 18, 2011, City Council requested that a survey be conducted to determine what our peer cities charge for parking violations. Twenty-one parking ticket violations were included in the survey. Eight out of thirteen agencies responded. The eight agencies that responded were; Eau Claire, Fond du Lac, Green Bay, Kenosha, Lacrosse, Oshkosh, Waukesha, and Wausau. Analysis It was determined that City of Janesville parking ticket fees are lower than our peer cities. Below is a chart showing the comparison taking an average of the eight agencies surveyed including Janesville. In addition, it was determined that 1 four out of the nine agencies included in this survey currently have parking meters installed. Staff Recommendation The police department recommends the city council approves Ordinance No. 2012-509. City Manager Recommendation Based on Council direction during the budget, the City is forwarding an Ordinance that will increase parking fines by 50% with the exception of handicap parking, snow emergency parking and fire hydrant parking. These fees will be increased by greater than 100% due to the public safety nature of these categories. cc: Eric Levitt, Jay Winzenz, Wald Klimczyk, David Moore 2 ORDINANCE NO. 2012 - 509 An ordinance amending Janesville parking penalties. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Section 10.40.170 of the Code of General Ordinances of the City of Janesville is hereby renumbered, amended, and in part re-created to read as follows: “10.40.170 Violation—Penalty A. Any person who violates Section 10.40.020 G. 9 parking within ten (10) feet of a fire hydrant shall pay a forfeiture to the City of fifty dollars ($50). B.Any person who violates any provision of Section 10.40.040 A. or C. or Section 10.40.090, except Section 10.40.040 A.6, shall pay a forfeiture to the City of ten fifteen dollars ($15). C.Any person who violates Section 10.40.040 A.6. regarding parking in a leased stall shall pay a forfeiture to the City of twenty thirty dollars ($30). The police department shall accept ten dollars to satisfy such a violation if paid within five working days of issuance of the parking ticket. D.Any person who violates Section 10.40.040 B. regarding parking in handicap parking stalls and spaces shall pay a forfeiture to the City of one hundred twenty dollars ($120). E.Any person who violates Section 10.40.080 (parking during and after snowstorms) shall pay a forfeiture to the City of twenty fifty dollars ($50). F.Any person who violates any provision of this chapter and who fails to pay a twenty thirty dollar ($30) parking ticket to the City within five (5) working days of issuance of the ticket shall forfeit and pay to the City ten fifteen dollars ($15) in addition to the twenty thirty dollar ($30) parking ticket forfeiture.” G.Any person who violates any provision of this chapter for which a different penalty is not otherwise specified shall, upon conviction, be subject to a forfeiture of not less than twenty thirty dollars ($30) nor more than two three hundred dollars ($300), together with the costs of prosecution, and in default of payment thereof, shall be imprisoned in the Rock County Jail for a period of not more than sixty (60) days. (Ord. 84-417 s. 1--3, 1985; Ord. 83-335 s. 1(part), 1983).” SECTION II . Section 10.44.070 of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: “10.44.070 Violation—Penalty Any person who violates any provision of this chapter [general public parking lot regulations] shall upon conviction be subject to a forfeiture of not less than twenty thirty dollars ($30) nor more than one hundred fifty dollars ($150), together with the costs of prosecution, and in default of payment thereof, shall be imprisoned in the Rock County Jail for a period of not more than thirty (30) days. (Ord. 83-335 s. 1(part), 1983).” 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: Common Council Budget Prepared by: City Attorney Economic Development Department Memorandum February 27, 2012 TO: City Council FROM: Vic Grassman, Economic Development Director SUBJECT: Authorization for the City Manager to Enter into a Contract with Applied Marketing Sciences for a “Lead Generation” Program for Economic Development Business Attraction. Executive Summary Applied Marketing Sciences, located in Carmel, Indiana is a company that focuses on the identification and qualification of prospects for their economic development clients (www.appliedmktg.com). Since 2001, the company has used a variety of proprietary evaluation/profiling techniques to develop qualified business leads for a variety of state, regional and local economic development organizations. The definition of “qualified” is that the potential prospect has or will have an expansion/relocation project and a genuine interest in considering a client’s geographic area for a future expansion. This “lead” should also belong to one of the client’s targeted industries. The Janesville proposal consists of two initiatives to begin a proactive economic development “lead generation” program. The focus will be on generating leads in the following industries: advanced manufacturing, related healthcare products, logistics, plastics and food processing. The two initiatives are:  Site Selectors: Setting up meetings with pre-qualified site consultants in Chicago, Dallas or Atlanta who have specific interests in learning about Janesville. This is an opportunity to educate these professionals on Janesville’s locational attributes including its commitment to “Speed to Market” in the business development process, location and logistics benefits. In addition, this would provide an opportunity to showcase Janesville’s “value proposition” from a business cost perspective. Examples would include land costs, incentives, training resources employee productivity and proximity to major markets. Commitment 8-10 meetings - cost $2,500.00  International Tradeshow Development: Identify a specific international tradeshow that focuses on one of our targeted industries and set up appointments with qualified prospects that have an interest in potentially expanding into our area. Since most economic development groups go to Europe, the recommendation is to consider a show in South America that focuses on one of our targeted industries such as medical equipment. Commitment 10-15 meetings – cost $19,800 Total contract cost $22,300 The funding source will be TIF marketing funds however grants will be sought from Rock County 5.0 and the Janesville Foundation. Since the Council has already approved budgets for these TIFs in previous sessions, this is a request to use a portion of these TIF marketing budgets dollars for this purpose. City Manager’s Recommendation: The City Council is looking to diversify the economy and has set objectives for the City to become more aggressive in our marketing of Janesville. This is one element of a more proactive marketing program. The cost will be the $22,300 for the contract plus other marketing expenses that will be well within the appropriation set for the 2012 budget. The City Manager recommends approval. Economic Development Director’s Recommendation: I recommend the implementation of this business development program for the following reasons:  Now that we have a data-intensive web site in place it is time to move forward in pro-active business development. (See below).  This is an efficient way at a reasonable cost to generate qualified leads that have projects, will have projects, and/or assist in developing long term relationships.  Lead generation companies are common; however it is hard to find companies that can generate qualified leads for economic development organizations. Based on reference checks and the company’s history of success, this is a good way to begin Janesville’s business development strategy.  Joy Hughs, Janesville’s potential project manager (Applied Marketing) has extensive experience in this area with past clients who include: North Eastern Alliance for South Carolina, Minot, ND, Rochester, MN, Greater Louisville, Belfast Northern Ireland and others.  This will allow Janesville to begin to develop an international database of companies that are considering expansion. Although only actual appointments of 10-15 meeting are arranged for a specific tradeshow these meeting are based on a selection of 200 companies that show the highest potential as possible prospects. Janesville has access to all of the data for these 200 recommended by Applied Marketing.  A summary of the results from reference checking is that the economic clients contacted have a very positive opinion of this company and are very satisfied with the business development results.  These initiatives will provide feedback as to what combination of Janesville location parameters; programs and initiatives provide the most effective value proposition for future business expansion and attraction initiatives. It will also show areas where we need to change and/or improve. Background Janesville’s comprehensive economic development program has/will have pro- active initiatives in three functional areas: entrepreneurship/small business development, business retention and business attraction. Current initiatives include:  Entrepreneurship: The development of the Janesville Innovation Center, loan programs for small business (TIF “gap” lending program and the Downtown Redevelopment loan program) as well as creating a repository of resources which are on the web site.  Business Retention and Expansion: Visits with area companies, strong relationships with Forward Janesville and the continuous development of a referral network through relationships with local business professionals.  Business Attraction: Currently a reactive situation, (see below) needs to be more pro-active. The foundation for today’s business attraction programs is a well developed/data intensive web site. It is estimated that almost 90% of the research that a company or a site selector does is based on websites and electronically accessible data sets. Only then does the company/individual contact the municipality/economic development agency to ask questions, respond to additional data needs etc. It is only at this point that the economic development professional is even aware that a prospect is looking at his/her community. It is expected that reliance on this type of reactive process will continue; however, staff recommends that it is now time for Janesville to be much more proactive in its business development efforts. A proactive economic development business development program seeks to lengthen the “awareness” timeline on projects that potentially could be in the known prospect pipeline. Obviously, the more time there is an awareness of a prospect, the more opportunity there is to create a business relationship, provide excellent customer service etc. This process is identical to the sales process in the private sector which starts with prospect development with the end goal of closing the sale. This involves:  Educating decision makers on the benefits that companies in our target markets would receive by locating in Janesville and dispelling any past non-beneficial stereotypes.  Developing long term relationships with decision makers/influencers i.e. site consultations, industrial and commercial brokers and related consultants.  Create/enhance external expectations for Janesville’s commitment to “Speed to Market” in the development process. As noted a necessary element of a strong economic development program is a pro-active business development strategy. Janesville needs to begin the implementation of this element to take us to the next level of competitiveness. Recognize that to do this requires a long term commitment. Many of our Midwest competitors have been actively engaged in this area for many years. This proposal and subsequent recommendation will help us get started. cc: Eric Levitt Jacob Winzenz Economic Development Department Memorandum February 27, 2012 TO: City Council FROM: Vic Grassman, Economic Development Director SUBJECT: Action on a Proposed Resolution Authorizing the City Manager to Enter into a TIF Development Agreement in the amount of $28,030 with Fab-Masters Inc. for a Development within ½ Mile of TIF #26 (File Res. No. 2012-890) Executive Summary Fab-Masters, Inc. currently located at 1111 West Racine St., Janesville, WI will be moving by the end of March 2012 to leased space at 901 Joliet St., Janesville, WI. This metal fabrication and welded products company is currently seeing a significant increase in sales and needs the larger space to meet customer demand. Their current facility on Racine Street is 18,000 SF and is land locked. The facility at 901 Joliet has 28,030 SF on fifteen acres thus there is significant room for expansion. The company is planning to sign a five year lease with an option to purchase and investing several hundred thousand dollars in new equipment. Fab-Masters currently has sixteen employees and with this move and expansion they will be creating an additional twelve full time jobs within three years. These new positions will have salaries in the $14.00/hr range plus access to health insurance benefits. City Manager’s Recommendation The City Manager concurs with the recommendation. Economic Development Director’s I would like to recommend a forgivable TIF loan of $28,030 to be offered to this company. This is based on the following:  This recommendation is based on the Council’s TIF guidelines of offering $1.00 in forgivable TIf loans per square foot leased.  This move will allow the company to not only increase its sales but add twelve new jobs within three years.  This company started in Janesville in 1995 and this will be its fourth expansion within the city. Supporting local manufacturer expansions is an important element of an economic development program. Analysis The address 901 Joliet is located in TIF 30. However due to a lack of tax increment, the recommendation is to take the $28,030 out of TIF 26 which has a boundary .41 miles from the above address. The ability to assist projects within ½ mile of TIF 26’s boundary was provided for in Amendment #2, in 2009. This forgivable TIF loan will have a minimal financial impact on TIF 26’s finances. With or without this forgivable loan the TIF district is expected to breakeven in th 2021 (19 year) and is projected to have a $683,440 surplus in 2025, its last legal year of existence. Since this is a leasing situation the building at 901 Joliet cannot be used as collateral. The owner’s of the company are willing to sign personal guarantees to provide repayment if an unforeseeable default occurs. cc: Eric Levitt Jacob Winzenz Resolution 2012-890 A Resolution Approving a TIF 26 Development Loan Agreement and Promissory Note With Fab-Masters, Inc. for $28,030 WHEREAS, the Common Council of the City of Janesville created Tax Incremental Finance District No. 26 in accord with Wisconsin’s Tax Increment Financing Laws, Wis. Stats. Sec. 66.1105 and other applicable statutes, as from time to time amended or renumbered, in order to stimulate the development and redevelopment of industrially zoned properties; retain and increase employment; construct, renovate and expand industrial facilities; and otherwise provide for the overall economic health, welfare, vitality, and good of the community; and WHEREAS, the Project Plan for TIF District 26 includes industrial and manufacturing development and redevelopment, improvements, facility construction, expansion, and renovation, job retention and creation, and related financing, incentives, payments, loans, and actions that effectuate and/or facilitate these public purposes and goals within the designated TIF geographic area and as amended in 2009 to include projects within ½ mile of its borders; and WHEREAS, Fab-Masters, Inc. is a metal fabricator and welded products manufacturer conducting its principal business at 1111 W. Racine St., Janesville, Wisconsin, County of Rock, State of Wisconsin, has tentatively signed a five (5) year lease with option to purchase at 901 Joliet St., Janesville, WI (“Facility’), contingent upon City and state incentives. Fab-Masters intends to create 12 new jobs within three years and is planning to relocate occurring by March 31 with production to resume soon thereafter. Job estimates include 5 new jobs in Year 1, 3 in Year 2 and 4 in year 3. Manufacturing salaries range from $13.75 to $14.00 /hr. plus benefits. Capital investment at the above facility is estimated at $425,000 over the three year period; and Fab-Masters currently employees over 16 persons with all in Wisconsin; and WHEREAS, Fab-Masters promises to upgrade and renovate operate the Facility, create and maintain new employment at its Janesville Facility, and otherwise benefit and add value to the City, TIF District, and the City’s tax base, and has requested forgivable TIF 26 loan in the amount of Twenty-Eight Thousand, Thirty dollars and00/100 ($28,030), upon the terms, in the manner, and otherwise in consideration of a standard Janesville TIF economic development forgivable loan, the terms and provisions of which are reiterated and incorporated herein by reference as if fully set forth verbatim, with TIF 26 projected to break-even in Year 19 (2021) and by its final year (2025) it is expected to have a positive balance of $683,440; and WHEREAS, there are currently sufficient positive fund balances in the TIF District 26 improvement and overall project accounts, and these expenditures fall within the allowable time and scope for said Development Agreement and expenditures; and WHEREAS, the Common Council hereby find that the City Administration will negotiate the TIF Development Loan Agreement and Promissory Note with Fab-Masters upon terms, conditions, promises, obligations, provisions, and purposes, consistent with the best interest of and benefit to the City, all applicable laws, and Common Council industrial and economic development policies, goals, objectives, and directives. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Janesville that: 1. Each and every of the above recitals are reiterated and incorporated herein by reference as if fully set forth verbatim; and 2. The City’s standard Fab-Masters Development Loan Agreement and Promissory Note once finalized are also reiterated and incorporated herein by reference as if fully set forth verbatim; and 3. The Fab-Masters TIF 26 Development Loan Agreement and Promissory Note, and all expenditures, terms, conditions, promises, obligations, and provisions set forth therein are hereby found to be in the best interest of, and for the benefit of, the City, and, therefore, are hereby both authorized and approved, as from time to time amended by the City Manager; and 4. The City Manager and/or his designee(s) is/are hereby authorized to execute, enter into, and effectuate the TIF 26 Development Loan Agreement and Promissory Note with Fab-Masters on behalf of the City of Janesville; 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 to administratively negotiate, draft, execute, review, enter in, modify, amend, record, file, and otherwise effectuate the above agreements and promissory note, and/or to make and enter into any and all other agreements, contracts, documents, papers, and forms, and/or to take whatever other actions that the City Manager and/or his designee(s) may, from time to time and at any time, determine necessary and/or desirable to effectuate the above transactions, agreements, and/or above all the intent and/or purposes of this Resolution. 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: Economic Development Director Prepared by: City Attorney HUMAN RESOURCES DIVISION MEMORANDUM February 27, 2012 TO: City Council FROM: Leslie A. Bentz, Benefits & Risk Manager SUBJECT: Action on a Proposed Resolution Approving Continuation of Worker Compensation Limited Self-Insurance Program (File Res. No.2012-883) INTRODUCTION Every three years, political subdivisions that are self-insured for worker’s compensation liabilities are required under Wisconsin Administrative Code DWD 80.60(3) to submit to the Department of Workforce Development (DWD) a resolution passed by the governing body that authorizes continued participation in the self-insurance program. The City has been self-funded for Worker’s Compensation insurance since 1988. Self-funding for Worker’s Compensation insurance is a lower cost option for the City versus purchasing a fully insured policy. Premium rates for fully insured products can run very high, and given the number of claims the City has, it makes more sense financially to be self insured. Currently, City and Villages Mutual Insurance Company (CVMIC) (of which the City is a founding member) administers our worker compensation program. RECOMMENDATION Staff recommends the City Council adopt File Resolution No. 2012-883 at the regularly scheduled meeting on Monday, February 27, 2012 City Manager Recommendation City Manager Recommends approval. Thank you. Cc: Eric Levitt, City Manager Jacob J. Winzenz, Director of Administrative Services Susan A. Musick, Human Resources Director 1 RESOLUTION NO. 2012-883 A Resolution acknowledging the Common Council’s approval for the Reauthorization of Self-Insurance for Worker’s Compensation. RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF JANESVILLE, WI WHEREAS, the City of Janesville is a qualified political subdivision of the State of Wisconsin; and WHEREAS, the Wisconsin Worker’s Compensation Act (Act) provides that employers covered by the Act either insure their liability with worker’s compensation insurance carriers authorized to do business in Wisconsin, or be exempted (self-insured) from insuring liabilities with a carrier and thereby assuming the responsibility for its own worker’s compensation risk and payment; and WHEREAS, the State and its political subdivisions may self-insure worker’s compensation without a special order from the Department of Workforce Development (Department) if they agree to report faithfully all compensable injuries and agree to comply with the Act and rules of the Department; and WHEREAS, the Common Council of the City of Janesville at their February 27, 2012 meeting approved the continuation of the self-insured worker’s compensation program, in compliance with Wisconsin Administrative Code DWD 80.60(3); NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Janesville do ordain as follows: 1.Provide for the continuation of a self-insured worker’s compensation program that is currently in effect. 2.Authorize the Benefits and Risk Manager to forward certified copies of this resolution to the Worker’s Compensation Division, Wisconsin Department of Workforce Development. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Dongarra-Adams Liebert McDonald Eric J. Levitt, City Manager Rashkin Steeber ATTEST: Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Human Resources Prepared by: Human Resources Community Development Department Memorandum February 27, 2012 TO: Janesville City Council FROM: Brad Schmidt, AICP, Associate Planner SUBJECT: Action on a proposed resolution releasing a water main easement on property located at 900 S Palm Street (File Resolution No. 2012-888). SUMMARY Eric Thoresen, on behalf of Evonik Goldschmidt Corporation, has requested that the City release an existing 20-foot wide easement for water service that bisects a potion of the property located at 900 S. Palm Street. The subject property was formerly owned and operated as the City of Janesville’s Sewage Treatment Plant prior to construction of the current facility at 3300 Tripp Road in the late 1960’s. Various chemical manufacturers have occupied the site since that time. In 1970, the City still retained ownership of an adjoining parcel to the west and secured an easement to extend a water service line to that property. The water service is no longer in use and all property affected by the easement is under Evonik’s ownership. A building expansion is proposed by Evonik that would conflict with the location of the easement. Based on those circumstances, the applicant has requested the easement be released. DEPARTMENT RECOMMENDATION The Community Development Department and the Plan Commission recommend that the City Council support a motion to approve Resolution No. 2012-888 releasing a water main easement on property located at 900 South Palm Street. CITY MANAGER RECOMMENDATION The City Manager concurs with the recommendation of the Plan Commission. SUGGESTED MOTION A motion to approve Resolution No. 2012-888 releasing a water main easement on property located at 900 South Palm Street. ANALYSIS A. The 20-foot wide easement is centrally located on the property to the west of the main Exhibit 1 building (See ). The easement was conveyed by quit claim deed to the City in 1970 by Northern Petrochemical Company. The easement measures 20 feet in width by approximately 235 feet in length. A 2 ½ inch water service was previously installed within the easement; however, this facility is no longer in use and has been abandoned. B. The Planning and Engineering Divisions have reviewed this request and find that the easement is not necessary for municipal use and there are no city plans indicating the facility will be needed in the future. The subject property was recently included in a certified survey map where numerous other public utility easements were documented and/or established on the site. Accordingly, staff supports the request to release the 20-foot wide water main easement on the property. PLAN COMMISSION ACTION – FEBRUARY 20, 2012 The Plan Commission unanimously agreed to forward the proposed easement release of a water main on 900 South Palm Street to the City Council with a favorable recommendation. cc: Eric Levitt Jay Winzenz RESOLUTION NO. 2012-888 resolution authorizing the release of a water main easement on property located at A 900 S Palm Street. WHEREAS , a 20-foot wide water main easement was dedicated to the City by a quit claim deed recorded as Document No. 764304 on February 22, 1971, in the Rock County Register of Deeds Office, Rock County, Wisconsin. WHEREAS , an existing water service line within the easement is abandoned and the City Engineering Department has determined that said easement is not essential for providing utility service to the site or necessary for other public purposes; and WHEREAS , the owner of the property requests that the City release its rights to the water main easement to facilitate construction of a building addition over the easement; and WHEREAS , the City Council find the release of the existing easement consistent with the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF JANESVILLE that the City of Janesville hereby releases all rights to the following described easement: th Located in NE ¼ of Section 2 of T.2N., R.12E. of the 4 P.M., Rock Township, Rock County, Wisconsin, described as follows: A 20-foot water main easement as originally recorded on Document 7644304 in the Office of the Register of Deeds for Rock County, Wisconsin; and as delineated on Page 205 in Volume 34 of Certified Survey Map Document No. 1920199 in the Office of the Register of Deeds for Rock County, Wisconsin. BE IT FURTHER RESOLVED that upon adoption of this resolution, the City Clerk is directed to record a certified copy of this resolution with the Register of Deeds of Rock County, Wisconsin, thus granting the easement release as herein described. 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: Wald Klimczyk, City Attorney Proposed by: Applicant Prepared by: Community Development Department City Manager’s Office Memorandum February 27, 2012 TO: Janesville City Council FROM: Al Hulick, Management Analyst SUBJECT: Action on a proposed resolution authorizing the City Manager to sell the Hugunin House located at 2739 Beloit Avenue. (File Res. No. 2012-884) Summary The Administration has reached an agreement to sell the property located at 2739 Beloit Avenue known as the Hugunin House on land contract to Mr. Randy Maizonet for $70,000. The City has owned and maintained the property since 2004. File Resolution 2012-884 authorizes the City Manager to enter into a land contract for the sale of 2739 Beloit Avenue. Staff Recommendation The City has owned the subject site since 2004. The home has remained vacant since 2006 and the City has had to perform considerable maintenance on the property. Due to the limited use and interest in the property, and the increasing maintenance cost associated with retaining ownership of the home, staff recommends the City Council approve File Resolution 2012-884 authorizing the City Manager to enter into a land contract for the sale of 2739 Beloit Avenue for $70,000. City Manager Recommendation The City Manager recommends approval. Suggested Motion The City Council moves to approve File Resolution 2012-884 authorizing the City Manager to enter into a land contract for the sale of 2739 Beloit Avenue. Background When the City created TIF District No. 16, the City of Janesville purchased the property located at 2739 Beloit Avenue known as the Hugunin Property. At that time Mrs. Hugunin still resided at the farmstead property which consisted of undeveloped land including the subject residence and accessory structures. On February 23, 2004, the City of Janesville made the final payment to Mrs. Eva Hugunin for the property. The purchase agreement specified that Mrs. Hugunin could remain on the property for the rest of her life or until such time as she chose to leave. In July 2006, Mrs. Hugunin vacated the property, electing to live with family instead. Since it was vacated in 2006, the City has continued to maintain the property. The property has been used for single-family purposes since its original construction in 1868. The property remains unoccupied at this time. As part of the acquisition process, the City was required to register the property on the National Historic Registry. Therefore, any subsequent use of the property will be subject to the restrictions of a historic conservation easement. This will require any exterior alterations to be reviewed by the Historic Commission for review and approval. At the March 24, 2008 meeting, the City Council approved Resolution No. 2008- 485 which declared the property as surplus property and available for sale. At that time, the Administration had no specific plans for reuse or sale of the property but needed to declare the property as surplus before making it available for reuse and/or sale. Analysis As noted, the Hugunin House has been under City ownership since 2004. Ms. Hugunin moved out of the home in 2006, and the City has had the property listed for sale since that time. The property was originally listed for $159,000. That price was lowered to $110,000 in 2010 and again lowered to $90,000 in 2011 due to continued lack of interest and rising maintenance costs on the property. Although the property has had several showings during that time, no formal offers have ever come forward until the subject offer put forth by Mr. Maizonet. Mr. Maizonet’s has offered to purchase the home on land contract for $70,000. The land contract will be for five years at five-percent interest. It is buyer’s intent to rehab the home as a single family residential unit. The City Council amended the Zone District at their January 9, 2012 meeting to allow for the continued use of this property as a single family home. The Hugunin property is on the National Register of Historic Places. This designation requires that any use and/or restorations made to the property must not adversely affect the building’s historic integrity. Therefore, the City will also need to record a Historic Conservation Easement on the property. The recording of this easement will be brought forward with a CSM that legally defines the subject site has been brought forward on this agenda for your review and approval. cc: Eric Levitt Jacob Winzenz RESOLUTION NO. 2012-884 A resolution authorizing the City Manager to proceed with the sale of surplus property located at 2739 Beloit Avenue WHEREAS , the City of Janesville, a Wisconsin Municipal Corporation (hereinafter the “CITY”), is the owner of record title to the property known as the Hugunin Home located at 2739 Beloit Avenue, City of Janesville, County of Rock, State of Wisconsin, (hereinafter the “PROPERTY”); WHEREAS , the property consists of approximately 2 acres of land located at 2739 Beloit Avenue and was purchased in 2004 as part of the creation of Tax Incremental Finance District 16; and WHEREAS , the property was formerly owned by the Ms. Eva Hugunin who vacated the property in 2006 and the property has remained vacant since that time; and WHEREAS , the City of Janesville has negotiated an agreement to sell the property on land contract to Mr. Randy Maizonet for Seventy Thousand and 00/100 Dollars ($70,000.00); and WHEREAS , the City shall record a historic easement on the property being transferred requiring any exterior alterations to be reviewed by the Historic Commission for review and approval; and WHEREAS , the Common Council of the City of Janesville declared this property to be surplus property on March 24, 2008 and thus no longer needed for City purposes and the proposed transaction is to the benefit and best interest of the citizens and the City of Janesville. NOW THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL of the City of Janesville hereby authorizes and directs the City Manager and the City Clerk to execute on behalf of the City of Janesville, the sale of such property; and to negotiate and execute such documents, papers and forms as may from time to time be necessary and/or desirable to effectuate such 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 may be necessary to effectuate this land transaction. 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: Tim Wellnitz, Assistant City Attorney Proposed by: City Manager’s Office Prepared by: City Manager’s Office Historic Conservation Easement Document No. Document Title KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City of Janesville, a Wisconsin Municipal Corporation (hereinafter the “CITY”), is the owner of record title to the property known as the Hugunin Home located at 2739 Beloit Avenue, City of Janesville, County of Rock, State of Wisconsin, which is referred to as Lot 2 on the attached survey; WHEREAS, the PROPERTY is listed on the National Register of Historic Places; and Recording Area WHEREAS, the CITY wishes to protect and preserve the historic character of Name and Return Address the PROPERTY in accordance with Wisconsin Statutes Section 66.1111 Jean Ann Wulf, City Clerk-Treasurer through the granting of a Conservation Easement (hereinafter the City of Janesville "“EASEMENT”), in accordance with Wisconsin Statutes Section 700.40; P.O. Box 5005 Janesville, WI 53547-5005 NOW, THEREFORE, in consideration of the aforesaid, the undersigned, the CITY of JANESVILLE, as Owner of the above-described PROPERTY, does hereby declare that said PROPERTY shall be subject to, and shall be conveyed Parcel Identification Number (PIN) subject to, the provisions of the EASEMENT as hereafter described, and which shall be real and binding on the heirs, successors, assignees of the This homestead property (is) (is not) CITY, and on any subsequent purchasers, and shall be considered as running with the land in perpetuity: 1. The CITY shall retain for itself an EASEMENT, which gives the CITY a non-possessory interest in the PROPERTY to preserve the historical and architectural aspects of the PROPERTY. 2. The OWNER agrees to assume the cost of continued maintenance and repair of the PROPERTY in accordance with the recommended approaches in the Secretary of the Interior’s standards for rehabilitation and associated guidelines, or substantially similar standards of the CITY, so as to preserve the historical and architectural integrity of the features, materials, appearance, workmanship, and environment in order to protect and enhance those qualities that made the property eligible for listing in the National Register of Historic Places. 3. To preserve the historical and architectural aspects of the PROPERTY, the PROPERTY shall be subject to the provisions of the City of Janesville Historic Overlay Zoning District, Ordinance 18.36.070.B.2, as from time to time amended or renumbered, and which District regulations require the Owner of the PROPERTY to obtain a Certificate of Appropriateness or Statement of Waiver from the Janesville Historic Commission for any action which would affect the exterior of the PROPERTY. 4. If the Janesville Historic Commission and, upon appeal, the Plan Commission denies the Owner of the PROPERTY a Certificate of Appropriateness or Statement of Waiver applicable to the exterior in accordance with the provisions of the City of Janesville Zoning Code Section 18.36.070.2.i., as from time to time amended or renumbered, and/or this Easement, the Owner of the PROPERTY may appeal the denial of a Certificate of Appropriateness or Statement of Waiver by the Janesville Historic Commission and the Plan Commission, to the Common Council of the City of Janesville. The decision of the Common Council shall be final and binding upon the Owner of the PROPERTY. 5. The CITY, and its heirs, successors, assignees, conveyees and transferees shall insert the provisions of this EASEMENT contained herein, either verbatim or by express reference, in any deed or legal instrument by which the current Owner of the PROPERTY divests itself of either the fee simple title or any lesser estate in the PROPERTY. 6. The restrictions, provisions and obligations set forth in this Easement concerning and affecting the exterior and interior of the PROPERTY apply to the CITY and each and every of the CITY’s heirs, successors, assignees, conveyees and transferees. IN WITNESS WHEREOF, the Officers of the City of Janesville, Wisconsin, Owner of said PROPERTY have hereunto set their hands and seals this ____ day of ______, 2012. * * * * AUTHENTICATION ACKNOWLEDGEMENT STATE OF WISCONSIN ) Signature(s) ) ss. County ) authenticated this day of , Personally came before me this day of , , the above named * TITLE: MEMBER STATE BAR OF WISCONSIN (If not, authorized by § 706.06, Wis. Stats.) to me known to be the person(s) who executed the foregoing instrument and acknowledge the same. THIS INSTRUMENT WAS DRAFTED BY * Notary Public, State of Wisconsin (Signatures may be authenticated or acknowledged. Both are not My Commission is permanent (if not, state expiration date: necessary.) ) * Names of persons signing in any capacity should be typed or printed below their signatures. J:\Attorney\Word\Shared\Hugunin Historical Conservation Easement.doc NEIGHBORHOOD SERVICES MEMORANDUM February 15, 2012 TO: City Council FROM: Kelly Lee, Neighborhood Development Specialist SUBJECT: Action on a Proposed Resolution Authorizing the City Manager to Sell Property located at 407 Lincoln through the Neighborhood Stabilization Program (File Res. No. 2012-887) Summary The Neighborhood Services Department has completed the rehabilitation of the property located at 407 Lincoln Street through the Neighborhood Stabilization Program. An interested party has submitted a valid offer to purchase of $80,000 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 2012-887 authorizing the sale of the property located at 407 Lincoln Street at a sales price of $80,000.00. City Manager Recommendation The City Manager concurs with the department recommendation. Suggested Motion I move to approve file resolution 2012-887 authorizing the sale of 407 Lincoln Street at a sales price of $80,000.00. 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. Sale of the NSP houses must be to owner occupied buyers who fall within the income guidelines of the program. All buyers are required by the Neighborhood 1 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 407 Lincoln Street was acquired on August 27, 2009 in the amount of $51,000 for the purpose of rehabilitation and resale under the Neighborhood Stabilization Program. The total cost of the rehabilitation of the property was approximately $90,000 which included a roof repair, new windows, new storms and screen doors, a new furnace, new garage roof and doors, a new water heater, new plumbing and wiring and added insulation. The buyer has provided the City of Janesville a copy of her appraisal that lists the value of the home at $90,000. The buyer is within the income guidelines as required by the Neighborhood Stabilization Program. Neighborhood Services is providing the buyer with $2000 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. The proceeds for the sale is considered program income and is returned to the NSP program for future, similar projects. 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. 2012-887 A resolution authorizing the City Manager to proceed with the sale of property located at 407 Lincoln Street. WHEREAS, the City of Janesville owns the following described parcel: ROCKPORT ADD. LOT 9 BLK.6 DAF: Pt SW1/4, Sec 36, T3N, R12E, 4th PM, City of Janesville, Rock Co, WI JC6006610 WHEREAS , The City of Janesville acquired the property located at 407 Lincoln Street in August 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 the property to Mr. Jered Parks for $80,000.00 including a $2000 buyers credit for a total purchase price of $78,000.00. WHEREAS, The City of Janesville has obtained a copy of an appraisal of the property in the amount of $90,000; and WHEREAS, The City of Janesville has verified that Mr. Parks is within the program criteria; and WHEREAS, The City of Janesville has provided $2500 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 to be consistent with established City plans and recommended that the City Council proceed with the sale of this property, but further noted that the Plan Commission had not reviewed the financial aspects of this transaction; and NOW THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL of the City of Janesville that it hereby authorizes and directs the City Manager and the City Clerk to execute on behalf of the City of Janesville, the sale of such property; and to negotiate and execute such documents, papers and forms as may from time to time be necessary and/or desirable to effectuate such 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 may be necessary to effectuate this land transaction. 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 ñÔÏÚÎÑÏ ñÔÏÚÎÑÏ NEIGHBORHOOD SERVICES MEMORANDUM February 16, 2012 TO: City Council FROM: Jennifer Petruzzello, Neighborhood Services Director SUBJECT: Action on a Proposed Resolution Authorizing the Demolition of Tax Foreclosed Property located at 203 Linn St. (File Resolution #2012- 886) Summary In 2009, the City Council approved the purchase of property located at 203 Linn Street under the Rock County Tax Foreclosure Program for the purpose of rehabilitating and reselling the property. Upon review of the interior structure, it was determined that rehabilitation costs significantly exceed original estimates In late 2010, the City Council authorized staff to seek private proposals regarding the rehabilitation of the property (in exchange the City would donate the property), and explore the construction of a new home that would replicate many of the historic features of the property if there was not interest in rehabilitation. Since that time, staff has consulted with a structural engineer, who indicated that rehabilitation of the structure does not appear to be feasible or cost effective. As a result, staff is now seeking Council approval to demolish the structure. The vacant lot would then be maintained by the City until such time as it is feasible to redevelop the lot with a residential structure that is sensitive to the architecture of the neighborhood. Department Recommendation Staff is recommending that the City Council approve the demolition of the residential structure located at 203 Linn Street and the maintenance of this lot until such time as it is redeveloped. Specifically, the Neighborhood Services Department recommends that the City Council support a motion to approve Resolution 2012-886 authorizing the demolition of improvements upon real property located at 203 Linn Street. City Manager Recommendation The City Manager concurs with the staff recommendation. Suggested Motion I move to approve file resolution 2012-886 authorizing the demolition of improvements upon real property located at 203 Linn Street, as part of the City’s neighborhood improvement efforts. 1 Background In 2009, the City Council authorized the purchase of property located at 203 Linn Street under the Rock County Tax Foreclosure Program for blight elimination or rehabilitation purposes. Under State Statutes, the City acquired this property for a price equal to the delinquent taxes, special assessments and charges, interest and closing costs. The City’s portion of these charges is returned to the city. The property was purchased for a total price of $4,719, with $765 returned to the City for a net cost of $3,954. The property at 203 Linn Street is a single family, rental property that was built in approximately 1910 and is zoned R2-Limited General Residence. The 1,548 square foot, two-story property has 3 bedrooms and one bath. In addition, there is a 400 sf detached garage. This property is a c. 1855 Greek Revival home, which is listed in the National Register of Historic Places as a contributing th structure within the 4 Ward Historic District. The property is listed on assessor’s records as being in poor condition. Based upon an exterior inspection, it was originally believed that rehabilitation would be extensive and was therefore estimated at $90,000. Purchasing this property under the Tax Foreclosure Program is consistent with the City of Janesville Comprehensive Plan, the Look West and Old Fourth Ward Neighborhood Revitalization Plan and recent City efforts to invest in the improvement of our historic central city neighborhoods. In addition, these purchases allow the City the opportunity to revitalize neighborhoods that have experienced decline, increase the percentage of owner-occupied housing in the area, and eliminate blight. The greatest potential disadvantage or risk to acquiring the properties through tax foreclosure is the uncertainty regarding the rehabilitation costs due to the City’s inability to inspect the interior of these properties before acquisition. Upon acquiring the property and completing an internal rehabilitation evaluation, significant structural issues were identified including: foundation cracks, exterior brick failure, roof damage, fire damage, electrical concerns, and HVAC concerns. In addition, all flooring, walls, cabinets, and fixtures are damaged beyond repair and would require full replacement. Some historical features remain in the property’s interior (i.e. trim, built in cabinets, windows original size). In late 2010, the City Council authorized staff to seek private proposals regarding the rehabilitation of the property (in exchange the City would donate the property), and explore the construction of a new home that would replicate many of the historic features of the property. Under this scenario, the property would be donated to a private individual who would enter into an agreement to rehabilitate the structure, to maintain the exterior historic character of the building, to meet federal minimum housing quality standards, and to maintain or sell the property with a deed restriction to be owner-occupied. If satisfactory and acceptable 2 proposals were not received, staff intended to obtain cost estimates for the construction of a new home that would replicate many of the historic components of the existing structure. Staff contracted with a structural engineer to obtain information that was intended to be used for making development plans for the property. His conclusion was that “The basic structure, walls, foundations, and frames are not adequate to allow proper and long lasting repairs to the finish surfaces. Cosmetic, surface, repair will not be durable due to structure defects. Rehabilitation of the structure to satisfy building code requirements does not appear to be feasible or cost effective”. In addition, he notes that the brick covered walls and rubble stone foundations cannot be repaired to a structurally sound, durable, weather resistant, or energy efficient construction. A copy of his report is attached. Funding for the purchase and planned rehabilitation of the property at 203 Linn was provided through Tax Increment Financing. The Project Plan for TIF 33 includes $250,000 for neighborhood housing improvement efforts and includes provisions to provide low interest and/or forgivable loans to residential property owners to help revitalize and stabilize the residential neighborhoods. Additionally funds are included to acquire and remove blighted properties to provide sites for architecturally sensitive infill redevelopment. TIF funds may not be used to demolish structures listed on the national historic register of historic places. The property located at 203 Linn is specifically mentioned as a contributing structure th within the 4 Ward Historic District. If this resolution is approved, funding for the acquisition and demolition of the property located at 203 Linn Street is proposed to come from note issue funding allocated for neighborhood and downtown property acquisitions. Currently approximately $218,000 remains to be allocated for specific projects. The demolition costs are estimated at $7,000 and annual maintenance costs are estimated at $720 per year. If demolished, staff will offer Habitat for Humanity an opportunity to salvage any items from the property and will seek bids for the demolition of the structure. After demolition, the City will maintain the lot as a vacant lot, until such time as it is feasible to redevelop the lot with a residential structure that is sensitive to the architecture of the neighborhood. Analysis A. The project is consistent with the City of Janesville Look West & Old Forth Ward Neighborhood Revitalization Plan, as well as the City of Janesville Comprehensive Plan. These plans call for the revitalization of neighborhoods that have experienced decline, including the Historic Fourth Ward Neighborhoods. The plans also direct the City to acquire vacant, dilapidated, and tax-delinquent properties for rehabilitation and resale to increase owner-occupancy in target neighborhood areas. 3 B. Funding for the demolition of 203 Linn Street is available through prior year note issue funding for neighborhood property acquisitions. C. Demolishing the structure will eliminate a property that is currently having a blighting influence on the neighborhood. The department has received complaints regarding the condition of this property, and we periodically have issues with vandalism and dumping at the property. D. An alternative to the department recommendation would be to continue to seek proposals for the private rehabilitation of 203 Linn Street with full disclosure of the engineer’s report. This may allow the structure to be temporarily rehabilitated while minimizing the risk of high redevelopment costs to taxpayers. Potential disadvantages to this alternative could include: further delay in project progress allowing the blighted influence to continue, and administrative time and effort to advertise the donation, evaluate proposals and monitor the rehabilitation. “The Plan Commission was updated on this project and staff’s recommendation to demolish the structure at their meeting on February 20, 2012. The Plan Commission’s role is to ensure that the acquisition is consistent with City Plans. Their original 2009 review found the project consistent with City plans, which call for the City to purchase tax foreclosed properties for either rehabilitation or demolition to improve the housing stock and/or reduce density.” E. Another alternative to the department recommendation would be to proceed to design a newly constructed home at this site. Design and construction could be funded with TIF. However, given that the housing market remains soft and other City rehabilitated homes and private homes are for sale in the neighborhood, a more financially conservative approach would be to maintain the structure as vacant open space at this time. If new construction is ultimately pursued, it may allow the City to provide a positive example of infill development that is sensitive to the neighborhood’s character. New construction would restore additional residential assessed value to the tax roll. With the high inventory of houses currently for sale, the ultimate sales price may not be as high as desired. Attachments: Location Map Photographs of Property Structural Engineer’s Report Property Data Card cc: Eric Levitt, City Manager Jay Winzenz, Assistant City Manager/ Director of Administrative Services 4 RESOLUTION NO. 2012-886 RESOLUTION AUTHORIZING THE DEMOLITION OF REAL PROPERTY LOCATED AT 203 LINN STREET WHEREAS , Wis. Stats. §§ 62.22 (1), 62.23 (17)(a), 62.23 (17)(b), 66.0101, 62.11(5), Chapter 32, and other pertinent Wisconsin Statutes permit the City’s acquisition, development, ownership, protection, improvement, conservation, public use, demolition, disposition, and other disposal of parkland, open space, riverfront properties, blighted properties, redevelopment, and development properties; and WHEREAS , on September 28, 2009, the Common Council of the City of Janesville approved Resolution No. 2009-638 authorized the acquisition and rehabilitation of 203 Linn Street utilizing TIF 33 Increment for the purpose of rehabilitation and resale; and, WHEREAS , the City of Janesville acquired the property at a price of Four Thousand Seven Hundred Nineteen and no/100 Dollars ($4,719) through the Rock County Tax Foreclosure Program grant; and, WHEREAS, it has been determined that rehabilitation is no longer feasible based upon a structural engineer’s report, which notes that the brick covered walls and rubble stone foundations cannot be repaired to a structurally sound, durable, weather resistant, or energy efficient construction; and, WHEREAS , the City of Janesville intends to demolish the structure and maintain the lot for future infill development; and, WHEREAS , the City of Janesville Comprehensive Plan calls for the revitalization of neighborhoods that have experienced decline, and recommends that the City acquire vacant, dilapidated, and tax-delinquent properties for rehabilitation, resale, and/or demolition in order to increase owner-occupancy or enhance the health, safety, and good order in central city neighborhood areas; and, WHEREAS , the Council find this demolition and proposed public use(s) in the best interest of the City and of benefit to the public; and WHEREAS , the TIF 33 account will be reimbursed for acquisition costs and the funding source for the acquisition and demolition of 203 Linn Street is prior year’s note issue funding. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville does hereby approve and authorize; the City Manager and/or his designee(s) to demolish 203 Linn Street on behalf of the City; 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, 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. 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: Neighborhood Services Department Prepared by: Neighborhood Services Director MCKINLEY ST W VANBUREN ST 203 W HOLMES ST Ô»¹»²¼ SUBJECT PROPERTY Ü¿¬»æ ðîñïíñïî Í½¿´»æ ïþã ïëðù Ó¿° Ý±±®¼·²¿¬»æ Ôóïì ÔÑÝßÌ×ÑÒ ÓßÐ Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ ÓßÐ ï îðí Ô×ÒÒ ÍÌ ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ ÍæÐ®±¶»½¬ÄÐ´¿²²·²¹ÄÝ¿»ÄÝ¿»óîðïðÄÔóïìÁß½¯«·¬·±²óîðí Ô·²² 203 Linn Street 203 Linn Street 203 Linn Street 203 Linn Street DEPARTMENT OF PUBLIC WORKS MEMORANDUM 17 February 2012 TO: City Council FROM: Mike Payne, Engineering Manager SUBJECT: AWARD OF PUBLIC WORKS BID SCHEDULE “B” – 2012: CONTRACT 2012-4, STREET RESURFACING CONTRACT 2012-5, CURB & GUTTER AND SIDEWALK REPLACEMENT CONTRACT 2012-6, MANHOLE REHABILITATION/RECONSTRUCTION CONTRACT 2012-7, PALMER DRIVE BRIDGE RAILING REPLACEMENT CONTRACT 2012-8, WATER AND SEWER SYSTEM IMPROVEMENTS CONTRACT 2011-9, JANESVILLE INNOVATION CENTER Summary Bids for Public Works Bid Schedule “B” – 2012, Contracts 2012-4, -5, -6, -7, -8, and -9, were opened on Wednesday, February 15, 2012. Each of the low bids was found to be responsive and acceptable. Recommendation Following review by the Council, the Engineering Division recommends award of Contracts 2012-4, -5, -6, -7, -8, and -9 to the low bidders and that the City Council express their intent to include necessary funding in the note issue. City Manager Recommendation The City Council has a policy limiting borrowing to $950,000 for street resurfacing. The City Council can either approve the bid in full by a supermajority which would exceed the $950,000 or the City Council can reduce the award by $130,000 which would result in deferring the Black Bridge Road project from Milton to Harmony and Lexington from Randolph to Mt. Zion. Suggested Motion I move to Award contracts 2012-4, -5, -6, -7, -8, and -9 to the low bidders and express the intent to include in the 2012 Note Issue $1,191,400 for contract 2012-4, $809,439 for contract 2012-5, $29,500 for contract 2012-6, $989,500 for contract 2012-8. Background Contract 2012-4, Street Resurfacing This project includes approximately 5.9 miles of street rehabilitation and construction of a temporary street connection along McCormick Drive and Huntinghorne Drive between Milton Avenue and Braxton Drive. The averaged comparison of 2011 asphalt unit prices and 2012 prices results in a 9.8% increase from last year. AWARD OF PUBLIC WORKS BID SCHEDULE “B” – 2012 17 FEBRUARY 2012 – PAGE 2. We received one bid for this project, with Rock Road Companies providing the low bid. The Engineering Division is recommending award of this contract to Rock Road Companies, Inc. of Janesville, Wisconsin, in the amount of $1,428,308.74. The bid received is shown below: Rock Road Companies, Inc. Total Bid: $1,428,308.74 P.O. Box 1818 Janesville, WI 53547 Anticipated Project Costs: Contract $1,428,308.74 Force Account, Engineering, & Contingency (12%) $171,691.26 Total = $1,600,000.00 Project Funding: Prior Year Note Issues $25,000 Special Assessment Fund $8,600 Operating Budgets $375,000 2012 Note Issue – Plumbers Ditch Repairs $14,200 2012 Note Issue – McCormick Drive $95,000 2012 Note Issue – Street Resurfacing $1,082,200 Total = $1,600,000 Because the amount of funding required for street resurfacing exceeds the $950,000 included in Council Policy 75 – Debt Management, a supermajority vote of the Council is required to authorize borrowing $1,082,200. Because the City Council is only comprised of six (6) members at the present time, the City Attorney has opined that a supermajority would constitute four (4) affirmative votes. Contract 2012-5, Curb & Gutter and Sidewalk Replacement This project provides for the replacement of sections of curb and gutter for streets that are to be resurfaced in 2012 under Contract 2012-4, Street Resurfacing. This project also includes a sidewalk maintenance program the Council requested staff implement in coordination with street rehabilitation. We received one bid for this project, with Yeske Construction providing the low bid. The Engineering Division is recommending award to Yeske Construction of Edgerton, Wisconsin, in the amount of $745,238.95. The bid received is shown below: Yeske Construction Total Bid: $745,238.95 P.O. Box 71 Edgerton, WI 53534 AWARD OF PUBLIC WORKS BID SCHEDULE “B” – 2012 17 FEBRUARY 2012 – PAGE 3. Anticipated Project Costs: Contract $745,238.95 Force Account, Engineering, & Contingency (12%) $89,761.05 Total = $835,000.00 Project Funding: Prior Year Note Issues $3,375 Operating Budgets $22,186 2012 Note Issue – Plumbers Ditch Repairs $15,500 2012 Note Issue – Sidewalk Replacement $244,000 2012 Note Issue – C&G Replacement $549,939 Total = $835,000 Contract 2012-6, Manhole Rehabilitation/Reconstruction This project rehabilitates or reconstructs existing sanitary sewer, water valve, and storm sewer manholes in paved streets prior to the 2012 annual street resurfacing contract. This is the fifth year of an annual program for maintaining utility manholes in conjunction with the street maintenance program. We opened three (3) bids for this project, with Josh’s Construction providing the low bid. The Engineering Division is recommending award of this contract to Josh’s Construction, Davenport, Iowa, for a total amount bid of $146,829. Part A of the bid includes work related to manhole rehabilitation/reconstruction, while Part B of the bid includes work related only to manhole chimney rehabilitation/reconstruction. The bids received are shown below: Josh’s Construction Total – Part A: $84,959.00 6918 Cresthill Drive Total – Part B: $62,270.00 Davenport, IA 52806 Total Bid: $146,829.00 Infrastructure Technologies, Inc. Total – Part A: $116,719.00 21040 Commerce Blvd. Total – Part B: $83,221.00 Rogers, MN 55374 Total Bid: $199,940.00 E & N Hughes Co., Inc. Total – Part A: $122,438.00 N2629 Coplien Road, Box 408 Total – Part B: $79,430.00 Monroe, WI 53566 Total Bid: $201,868.00 Anticipated Project Costs: Contract $146,829 Force Account, Engineering, & Contingency (15%) $23,171 Total = $170,000 AWARD OF PUBLIC WORKS BID SCHEDULE “B” – 2012 17 FEBRUARY 2012 – PAGE 4. Project Funding: Operating Budget $140,500 2012 Note Issue $29,500 Total = $170,000 Contract 2012-7, Palmer Drive Bridge Railing Replacement This project includes replacement of deteriorated limestone piers and wooden horizontal railings on the Palmer Drive bridge over Spring Brook. The work also includes new sidewalks on both sides of the bridge. The resurfacing of the street pavement is included in contract 2012-4, street resurfacing. Four (4) bids were received for this project, with J. B. Johnson Bros. providing the low bid. The Engineering Division is recommending award of this contract to J. B. Johnson Bros, LLC, Edgerton, Wisconsin, in the amount of $58,000. The bids received are shown below: J. B. Johnson Bros., LLC Total Bid: $58,000.00 12 Maple Ct. Edgerton, WI 53534 Concrete Structures, Inc. Total Bid: $69,000.00 3006 Bond Place Janesville, WI 53548-3218 J. W. Schultz Const. Inc. Total Bid: $77,670.00 43 Hwy. 51 Edgerton, WI 53534 Burkel Construction, Inc. Total Bid: $93,200.00 4232 County Rd. “C” Pulaski, WI 54162 Funding of $110,000 for this project and resurfacing the bridge was included in the 2011 Note Issue. Contract 2012-8, Water and Sewer System Improvements The project includes replacement and abandonment of approximately 2,700 L.F. existing 1-1/2” diameter to 8” diameter watermain and replacement of associated lead/steel water services; replacement of approximately 25 sanitary, storm and water valve manholes; and associated street and non-pavement restoration. AWARD OF PUBLIC WORKS BID SCHEDULE “B” – 2012 17 FEBRUARY 2012 – PAGE 5. We received six (6) bids for this project, with R. T. Fox Contractors providing the low bid. The Engineering Division is recommending award of this contract to R. T. Fox Contractors, Inc., Edgerton, Wisconsin, in the amount of $951,215. The bids received are shown below: R. T. Fox Contractors, Inc. Total – Part A: $762,065.00 5628 Hwy. M Total – Part B: $189,150.00 Edgerton, WI 53534 Total Bid: $951,215.00 Maddrell Excavating, LLC Total – Part A: $814,280.00 W6886 State Road 11 Total – Part B: $185,186.50 Monroe, WI 53566 Total Bid: $999,466.50 Globe Contractors, Inc. Total – Part A: $843,115.00 N50 W23076 Betker Road Total – Part B: $205,630.00 Pewaukee, WI 53072 Total Bid: $1,048,745.00 The Wanasek Group Total – Part A: $1,050,502.50 29606 Durand Avenue Total – Part B: $337,850.00 Burlington, WI 53105 Total Bid: $1,388,352.50 E & N Hughes Co., Inc. Total – Part A: $1,148,622.75 N2629 Coplien Road, Box 408 Total – Part B: $274,611.75 Monroe, WI 53566 Total Bid: $1,423,234.50 Speedway Sand & Gravel, Inc. Total – Part A: $1,157,664.00 8500 Greenway Blvd. #202 Total – Part B: $185,967.50 Middleton, WI 53562 Total Bid: $1,343,631.50 Anticipated Project Costs: Contract $951,215 Force Account, Engineering, & Contingency (12%) $114,285 Total = $1,065,500 Project Funding: Operating Budget $76,000 2012 Note Issue $989,500 Total = $1,065,500 Contract 2012-9, Janesville Innovation Center This project constructs a new 22,000 square foot single story, pre-engineered steel building with offices and production space to serve as an economic incubator facility AWARD OF PUBLIC WORKS BID SCHEDULE “B” – 2012 17 FEBRUARY 2012 – PAGE 6. with individual tenant spaces. The City applied for and was awarded a $1,200,000 Economic Development Administration grant for this project. Ten (10) bids were received for this project, with Klobucar Construction Company providing the low bid. The Engineering Division is recommending award of this contract to Klobucar Construction Company, Inc., Beloit, Wisconsin, in the amount of $1,796,500. The bids received are shown below: Klobucar Construction Co., Inc. Base Bid: $1,796,500.00 314 E. County Road S Alternate No. 1: $67,700.00 Beloit, WI 53511 Alternate No. 2: $12,120.00 Maas Bros. Construction Co., Inc. Base Bid: $1,819,000.00 410 Water Tower Ct. Alternate No. 1: $31,000.00 Watertown, WI 53094 Alternate No. 2: $12,000.00 Harmony Construction Management Base Bid: $1,829.00.00 906 Jonathon Drive Alternate No. 1: $15,500.00 Madison, WI 53713 Alternate No. 2: $19,000.00 Gilbank Construction, Inc. Base Bid: $1,859,000.00 301 Scot Drive, P.O. Box 718 Alternate No. 1: $16,000.00 Clinton, WI 53525 Alternate No. 2: $12,000.00 Paulson Kimball Construction, LLC Base Bid: $1,862,000.00 917 Todd Drive Alternate No. 1: $31,458.00 Janesville, WI 53546 Alternate No. 2: $12,305.00 Advanced Building Corporation Base Bid: $1,865,000.00 3624 Pioneer Road Alternate No. 1: 29,500.00 Verona, WI 53593 Alternate No. 2: $15,600.00 Magill Construction Company, Inc. Base Bid: $1,908,565.00 977 Koopman Lane Alternate No. 1: $28,998.00 Elkhorn, WI 53121 Alternate No. 2: $12,645.00 Rockford Structures Construction Co. Base Bid: $1,938,000.00 10540 N. Second Street Alternate No. 1: $33,400.00 Machesney Park, IL 61115 Alternate No. 2: $15,100.00 Scherrer Construction Company, Inc. Base Bid: $1,971,388.00 601 Blackhawk Drive Alternate No. 1: $43,300.00 Burlington, WI 53105 Alternate No. 2: $15,300.00 AWARD OF PUBLIC WORKS BID SCHEDULE “B” – 2012 17 FEBRUARY 2012 – PAGE 7. Corporate Contractors, Inc. Base Bid: $2,019,979.00 655 Third Street, Suite 300 Alternate No. 1: $30,282.00 Beloit, WI 53511 Alternate No. 2: $12,082.00 Anticipated Project Costs: Consultant and Engineering costs $95,000 Furnishings/misc materials $25,000 Base Bid $1,796,500 Construction contingency $50,000 Incubator start up costs $50,000 Project Total = $2,016,500 Project Funding: 2011 Note Issue $850,000 EDA Grant $1,200,000 Total = $2,050,000 Attachment – Green Building Resolution Compliance Memo for Innovation Center cc: Eric Levitt Jay Winzenz Carl Weber ÍËÍÌß×ÒßÞ×Ô×ÌÇÍËÓÓßÎÇ Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ ±º ì ×ÒÒÑÊßÌ×ÑÒ ÝÛÒÌÛÎ ÓÍßÐ®±¶»½¬ýèéçðîï Ú»¾®«¿®§îïôîðïî ß °¿®¬ ±º ¬¸» ¼»·¹² ¼»ª»´±°³»²¬ ¿²¼ ¾«¼¹»¬·²¹ °®±½» º±® ½±²¬®«½¬·±²ô ¬¸» Ý·¬§ ±º Ö¿²»ª·´´» øÑ©²»® ¿²¼ Ý·ª·´ Û²¹·²»»®÷ô ÓÍß Ð®±º»·±²¿´ Í»®ª·½» ø°®±¶»½¬ ß®½¸·¬»½¬÷ ¿²¼ ß®²±´¼ ú îjêÕØËÔÙÜÏÍËÎÓØÚÉðØÚÕÜÏÔÚÜÑøÑØÚÉËÔÚÜÑøÏÖÔÏØØËÕÜÊÖÔÇØÏËØÜÊÎÏÜÛÑØÚÎÏÊÔÙØËÜÉÔÎÏÉÎ «¬¿·²¿¾´»ô »²»®¹§ »ºº·½·»²¬ ¿²¼ »²ª·®±²³»²¬¿´ ¼»·¹² ·² ½±²¬®«½¬·±² ±º ¬¸» ²»© Ö¿²»ª·´´» ×²²±ª¿¬·±² Ý»²¬»®ò 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Klimczyk, City Attorney SUBJECT: Introduction and Schedule a Public Hearing on Proposed Ordinances Revising Beer and Liquor Sales Hours in Class A Liquor Stores (Re- Revised File Ordinance No. 2012-508 and Re-Revised File Ordinance No. 2012-508-S) Background Wisconsin state law under 2011 Wisconsin Act 97 currently permits Class A alcohol license establishments – Liquor Stores – to sell beer from 6:00 o’clock a.m. to midnight daily, and intoxicating liquor from 6:00 o’clock a.m. to 9:00 o’clock p.m. daily. State law permits cities to adopt ordinances with more restrictive hours of sales. Janesville’s current fermented malt beverage (beer) ordinance permits beer sales between 8:00 a.m. – 9:00 p.m. daily in Class A liquor stores. Janesville has no ordinance regulating intoxicating liquor sales. As a result, in Janesville, Class A liquor stores can currently sell intoxicating liquor starting at 6:00 a.m. through 9:00 p.m. but beer only from 8:00 a.m. to 9:00 p.m. Dawn Wenner, License Clerk at Schnucks Markets, Inc., d/b/a Logli’s at 1501 Creston Park Dr., Janesville, WI., wants the hours for beer sales consistent with the new state law’s start time of 6:00 a.m. for both. The Janesville Common Council introduced such an ordinance and then modified it during first reading on Monday, January 23, 2012, to make it 8:00 a.m. for both beer and liquor sales instead of 6:00 a.m. as originally proposed and drafted. The amended 8:00 a.m. start time ordinance was considered and failed after the Council’s second reading and public hearing on Monday, February 13, 2012. Following the vote Council Member Voskuil suggested allowing sales to begin at 6:00 a.m. for both but keep the closing time at 9:00 o’clock p.m. for both, too. Council Member Dongarra-Adams then co-sponsored Council Member Voskuil’s suggestion. Attached proposed Re-revised File Ordinance No. 2012-508 accomplishes Council Members Voskuil’s and Dongarra-Adams’ request. Because the change from 8:00 a.m. to 6:00 a.m. is “substantial,” a new first reading is necessary with a new scheduled second reading, public hearing, and action in order to provide adequate due process notice to persons interested in appearing and commenting before the Council concerning the 6:00 a.m. start time for beer rather than the previously noticed 8:00 a.m. Council President Steeber recently requested that an ordinance be drafted and noticed that followed the Class A liquor store state law hours for sales of both fermented malt beverages and intoxicating liquors. Current state law permits Class A beer store sales from 6:00 a.m. – midnight daily, and intoxicating liquor sales from 6:00 a.m. to 9:00 p.m. daily. Proposed Re-revised File Ordinance No. 2012-508-S accomplished Council President Steeber’s alternate proposal AND changes automatically when state law changes, without the need for future Council ordinance amendment. Suggested Action Both proposed Re-revised File Ordinance Nos. 2012-508 and 2012-508-S should be given separate first readings and both could be scheduled for second readings, combined public hearing, and action for Monday, March 12, 2012. Alcohol License Advisory Committee Recommendation: The matter was brought before the Alcohol License Advisory Committee on January 3, 2012. The ALAC recommended to the City Council that the sales of fermented malt beverages be allowed to start at 6:00 o’clock a.m. in Class A liquor stores, just like intoxicating liquor currently is. The ALAC did not comment upon the 12 midnight state law closing hours for fermented malt beverage sales. Police Department Recommendation: Janesville Chief of Police Dave Moore suggests that whatever the start time is for liquor stores, that it be uniform for both fermented malt beverages (beer) sales and intoxicating liquor sales. “The police department takes an impartial position on the time of day that the sales should occur.” The Police Department previously recommended adoption of Revised File Ordinance No. 2012-508 with 8:00 o’clock a.m. – 9:00 o’clock p.m. sales hours. The Police Department has not yet considered nor made any recommendation concerning 12 midnight Class A closing hours for fermented malt beverages. City Manager Recommendation: The City Manager recommends that the City Council th hold two separate first readings and set a second public hearing on March 12 for the ordinance that the Council prefers to consider passing. If the Council is undecided at this time, I recommend tabling both ordinances. The ordinance can be modified at the second hearing, but the modification needs to be reasonable in nature so that an individual in the public receives reasonable notice of what the potential action the Council is considering. Current State Law FERMENTED MALT BEVERAGE (Beer) CLASS “A” SALES HOURS “ 125.32(3)(b) Class "A" premises may remain open for the conduct of their regular business but may not sell fermented malt beverages between 12 midnight and 6 a.m. Subsection (2) does not apply to Class "A" premises between 12 midnight and 6 a.m. or at any other time during which the sale of fermented malt beverages is prohibited by a municipal ordinance adopted under par. (d).” “ 125.32(3)(d) A municipality may, by ordinance, impose more restrictive hours than those provided in par. (am) or (b), but may not impose different hours than those provided in par. (a) or (c).” INTOXICATING LIQUOR “CLASS A” SALES HOURS “125.68(4)(b). "Class A" retailers. No premises for which a "Class A" license or permit has been issued may remain open for the sale of intoxicating liquor between the hours of 9 p.m. and 6 a.m. A municipality may, by ordinance, impose more restrictive hours than those provided in this paragraph.” RE-REVISED ORDINANCE NO. 2012 - 508 An ordinance permitting Class A alcohol licensed stores to sell beer and intoxicating liquor starting at 6:00 o’clock a.m. until 9:00 o’clock p.m. daily, with penalties for violations thereof as set forth in JGO 5.06.470. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Section 5.06.240 A. of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: “5.06.240 Sale of Fermented Malt Beverages in Class A Stores After 6:00 o’clock a.m. - 9:00 o’clock p.m. A. The sale of fermented malt beverages upon the premises of a Class “A” (liquor store) fermented malt beverage alcohol licensed premises shall cease daily at nine o’clock (9:00) p.m. and shall not resume until eight six o’clock (86:00) a.m. the following morning. No fermented malt beverages may be sold between the hours of 9:00 o’clock p.m. and 86:00 o’clock a.m. upon any Class “A” fermented malt beverage alcohol licensed premises. This restriction by ordinance is authorized by Sections 125.32(3)(b) and (d) of the Wisconsin Statutes, as from time to time amended or renumbered, and is hereby enacted in conformity therewith.” SECTION II. Section 5.06.242 of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: “5.06.242 Sale of Intoxicating Liquor in Class A Stores 6:00 o’clock a.m. - 9:00 o’clock p.m. A. The sale of intoxicating liquor upon the premises of a “Class A” (liquor store) intoxicating liquor alcohol beverage licensed premises shall cease daily at nine o’clock (9:00) p.m. and shall not resume until six o’clock (6:00) a.m. the following morning. No intoxicating liquor may be sold between the hours of 9:00 o’clock p.m. and 6:00 o’clock a.m. upon any “Class A” intoxicating liquor alcohol beverage licensed premises. This restriction by ordinance is authorized by Section 125.68(4)(b) of the Wisconsin Statutes, as from time to time amended or renumbered, and is hereby enacted in conformity therewith.” 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: Council Members Voskuil and Dongarra-Adams Prepared by: City Attorney RE-REVISED ORDINANCE NO. 2012–508-S An ordinance permitting Class A alcohol licensed stores to sell beer starting at 6:00 o’clock a.m. until 12 midnight daily, and intoxicating liquor starting at 6:00 o’clock a.m. until 9:00 o’clock p.m. daily, with penalties for violations thereof as set forth in JGO 5.06.470. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Section 5.06.240 A. of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: “5.06.240 Sale of Fermented Malt Beverages in Class “A” Stores -- 6:00 o’clock a.m. to 12 midnight daily. After 9:00 p.m. A. The sale of fermented malt beverages upon the premises of a Class “A” (liquor store) fermented malt beverage alcohol licensed premises shall be permitted during the same hours as permitted by state law, and prohibited during the same hours as prohibited by state law, both as from time to time amended or renumbered. cease daily at nine o’clock (9:00) p.m. and shall not resume until eight o’clock (8:00) o’clock a.m. the following morning. No fermented malt beverages may be sold between the hours of 9:00 p.m. and 8:00 a.m. upon any Class “A” fermented malt beverage alcohol licensed premises. This permission and restriction by local ordinance are authorized by Sections 125.32(3)(b) and (d) of the Wisconsin Statutes, as from time to time amended or renumbered, and are hereby enacted in conformity therewith.” SECTION II. Section 5.06.242 of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: “5.06.242 Sale of Intoxicating Liquor in “Class A” Stores – 6:00 o’clock a.m. to 9:00 o’clock p.m. daily A. The sale of intoxicating liquor upon the premises of a “Class A” (liquor store) intoxicating liquor alcohol beverage licensed premises shall be permitted during the same hours as permitted by state law, and prohibited during the same hours as prohibited by state law, both as from time to time amended or renumbered. This permission and restriction by local ordinance are authorized by Section 125.68(4)(b) of the Wisconsin Statutes, as from time to time amended or renumbered, and are hereby enacted in conformity therewith.” 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: Council Members Voskuil and Dongarra-Adams Prepared by: City Attorney LEISURE SERVICES MEMORANDUM February 17, 2012 TO: City Council FROM: Shelley Slapak, Acting Recreation Director SUBJECT: Introduce and Schedule Public Hearings on Proposed Ordinances Allowing the Sale, Use, and Consumption of Fermented Malt Beverages at the Senior Activity Center & Dawson Softball Complex (File Ordinances No. 2012-510 & 2012-511) Summary The Recreation Division submitted a budget enhancement for the 2012 budget to Allow alcohol in parks and certain recreation programs or facilities, including Pavilion Rentals, Dawson Softball Complex, Main Street Entertainment Concert Series, and Senior Activity Center Building Rentals. The City Council supported the sale/consumption of fermented malt beverages but limited it to the Senior Activity Center and Dawson Softball Complex only. Recommendation The Recreation Division recommends the City Council Introduce Ordinance No. 2012-510 permitting the sale, possession, and consumption of beer, wine coolers, and champagnes, and intoxicating liquor at the Senior Activity Center and Ordinance No. 2012-511 permitting the sale, use, and consumption of beer and FMB wine coolers at Dawson Softball Complex and schedule both ordinance for a public hearing on March 12, 2012. City Manager Recommendation The two proposed ordinances are consistent with the 2012 budget appropriation. Background A proposal was considered in 2005 to amend City Ordinance # 12.60.120 which prohibits the consumption of fermented malt beverages in Janesville’s park system. Staff did not recommend this proposal and it did not go any further with the Council. The Janesville Senior Center and Dawson Softball Complex are not covered by any specific ordinance concerning alcohol licensing. However, Rotary Gardens, and Blackhawk & Riverside Golf Courses are governed by a special alcohol license ordinance. In 2010, staff conducted a survey to all current adult softball league managers. We received a response from 77 individuals. Out of the respondents, 83% were in favor of beer sales at Dawson Field. We later asked if they would still 1 patronize their sponsor after games if beer sales were available. 92% said they would still patronize their sponsor. We also asked which rules would they like to see in place should beer sales be allowed. Many of the suggestions, staff would implement. The Senior Center regularly receives calls regarding holding birthday parties, wedding rehearsal dinners or small wedding receptions in our upstairs Riverview Room, which seats a capacity of 150 people. When they hear that alcohol cannot be consumed, they will often search elsewhere. The Senior Activity Center would only permit the fermented malt beverages during evening or weekend building rentals and in designated areas. Staff recommends the individual reserving the building apply and purchase a permit at City Hall in the Clerk Treasurer’s office, have a licensed bartender present, and provide a security guard at the their expense. Dawson Softball Complex would only permit fermented malt beverages during Leisure Services’ sponsored adult softball leagues and at any organized tournament. Staff recommends the sale of fermented malt beverages at Dawson Softball Complex to be under the management of our current concessionaire and be included in their contract with the City. The concessionaire would apply for a permit. Security personnel at the Senior Center and the concessionaire would ensure that fermented malt beverages stay inside the Senior Center building and within the gates at Dawson Field. There will pros and cons regarding the adoption of these ordinances. Pros are providing additional revenue streams to the City and satisfying a desire of some members of the community. Cons may be increased police surveillance and participants consuming too much. cc: Eric Levitt, City Manager Jay Winzenz, Dir. of Administrative Services/Assistant City Manager Wald Klimczyk, City Attorney David Moore, Chief of Police 2 ORDINANCE NO. 2012-510 An Ordinance Permitting the Sale, Use, and Consumption of Fermented Malt Beverages and Intoxicating Liquors at the Janesville Senior Center, with penalties and injunctive relief for violations thereof as set forth in JGO 5.06.470. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. The Introductory Table of Contents to Chapter 5.06 is hereby amended to include newly created Section 5.06.232 of the Code of General Ordinances of the City of Janesville: “5.06.232 Sale, possession and consumption of beer, FMB wine coolers, wines, champagnes, and intoxicating liquor permitted at the Janesville Senior Center.” SECTION II. Section 5.06.232 of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: 5.06.232 Sale, possession and consumption of beer, FMB wine coolers, wines and champagnes, “ and intoxicating liquor permitted at the Janesville Senior Center. A. Anything to the contrary elsewhere in the Code of General Ordinances of the City of Janesville (“City”) notwithstanding, the transport to, storage, possession, sale, distribution, provision, use, and consumption of fermented malt beverages, fermented malt beverage based wine coolers, wines, champagnes, and intoxicating liquor alcohol beverages, as defined in Chapter 125 of the Wisconsin Statutes as from time to time amended and/or as defined and/or interpreted by the Wisconsin Department of Revenue (“Alcohol Beverages”) are permitted at the Janesville Senior Center but only in “designated areas” and only in strict accord with the provisions of this ordinance. B. “Designated areas” shall be these specific geographic areas established and permitted by the Common Council of the City. Designated areas shall constitute the “alcohol licensed premises.” C . The storage, possession, use, sale, and consumption of Alcohol Beverages shall only be permitted, stored, possessed, used, and/or consumed within a designated area. D . In no event shall a designated area include any area outside of the Senior Center Building, unless the Common Council of the City expressly so permits. E . Only the City may sell or allow the consumption of Alcohol Beverages at the Janesville Senior Center and then only in designated areas. F . No person shall carry on, possess, transport, store, sell, use, or consume any Alcohol Beverages at the Janesville Senior Center contrary to any provision of this ordinance, any other ordinance or statute governing alcohol, or contrary to any conditions or permissions provided by the Senior Center Director, Recreation Director, City Manager, and/or his or her designees.. G. The storage, sale, possession, use, and consumption of Alcohol Beverages at the Janesville Senior Center shall only be permitted in strict accord with the requirements, terms, conditions, restrictions, permitting, fee payment, and regulations set forth in this ordinance, and those set forth at any time by the Senior Center Director, Recreation Director, City Manager, and/or his or her designees. H . In the event of any conflict between any provision of this ordinance and any set forth in any condition or permission of the Senior Center Director, Recreation Director, City Manager, and/or his or her designees, the more restrictive provision shall take precedence and govern. I . The City may sell Alcohol Beverages at the Janesville Senior Center at any time and in the manner permitted by law. J . There shall always be present at least one City licensed alcohol beverage operator (“Bartender”) on duty at all times that any alcohol activities occur. K. Only those persons of lawful alcohol drinking age may purchase Alcohol Beverages at the Janesville Senior Center. L. Persons who have not attained the Wisconsin lawful alcohol beverage drinking age (“Underage Persons”) may be provided, possess, use, and/or consume Alcohol Beverages at the Janesville Senior Center only in the manner provided by law for Underage Persons. 1 M. The Common Council of the City hereby expressly and forever reserve unto themselves all rights, privileges, and prerogatives to amend, condition, modify, and otherwise limit, at any time, any permission and/or alcohol beverage license or permit granted or issued by the City, the public peace, health, safety, welfare, and good so requiring.” SECTION III. The Introductory Table of Contents to Chapter 12.60 is hereby amended to include newly created Section 12.60.123 of the Code of General Ordinances of the City of Janesville: “12.60.123 Sale, possession and consumption of beer, FMB wine coolers, wines, champagnes, and intoxicating liquor permitted in certain areas of the Janesville Senior Center.” SECTION IV. Section 12.60.123 of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: 12.60.123 Sale, possession, and consumption of beer, FMB wine coolers, wines and “ champagnes, and intoxicating liquor permitted in certain areas of Janesville Senior Center. A. Anything to the contrary elsewhere in the Code of General Ordinances of the City of Janesville (“City”) notwithstanding, the transport to, storage, possession, sale, distribution, provision, use, and consumption of fermented malt beverages, fermented malt beverage based wine coolers, wines, champagnes, and intoxicating liquor alcohol beverages, as defined in Chapter 125 of the Wisconsin Statutes as from time to time amended, and/or as defined, and/or interpreted by the Wisconsin Department of Revenue (“Alcohol Beverages”) are permitted at and upon the Janesville Senior Center but only: 1. In “designated areas;” and 2. In strict accord with the provisions of this ordinance; and 3. In strict accord with the provisions set forth in Janesville General Ordinance 5.06.232, as from time to time amended or renumbered; and 4. In strict accord with other Janesville alcohol ordinances and state alcohol laws.” SECTION V. This ordinance shall take effect the day after publication. ADOPTED: Motion by: APPROVED: Second by: 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: City Attorney Proposed by: Council Members _______ and _______ Prepared by: City Attorney Wald Klimczyk 2 ORDINANCE NO. 2012-511 An ordinance permitting the sale, consumption, and possession of beer and hard liquor at Dawson Field, with penalties for violations thereof as set forth in JGO 5.06.470. THE COMMON COUNCIL OF THE CITY OF JANESVILLE HEREBY DO ORDAIN AS FOLLOWS: SECTION I : Section 5.06.223 of the Code of General Ordinances of the City of Janesville is hereby adopted to read as follows: “5.06.223 Possession, sale and consumption of beer and FMB wine coolers permitted at Dawson Park and Fields – Designated Areas A. Anything to the contrary elsewhere in the Code of General Ordinances of the City of Janesville notwithstanding, the possession, sale, and consumption of fermented malt beverages, fermented malt beverage based wine coolers, and intoxicating liquor is permitted in certain designated areas of Dawson Park and Fields but only in strict accord with the requirements, conditions, restrictions, and regulations set forth in this section. No person shall carry on, transport, sell, or consume any fermented malt beverages, fermented malt beverage base wine coolers, or any other alcohol beverage upon any part of Dawson Park or Dawson Fields contrary to any provision set forth in this ordinance or any other ordinance or statute governing alcohol licensing, use, or consumption consistent herewith. B. Only those fermented malt beverages, fermented malt beverage based wine coolers, and intoxicating liquor sold by the City and/or the City’s Dawson Park/Dawson Fields lessee may be possessed or consumed in the clubhouses or outdoors at Dawson Park and Fields. No fermented malt beverages, fermented malt beverage based wine coolers, or intoxicating liquors of any kind may be brought, transported, possessed, consumed, or sold by any person other than the City or the City’s lessee. C. No person may take, possess, or consume any fermented malt beverage, fermented malt beverage based wine cooler, or intoxicating liquor sold or provided by the City or the City’s lessee off of or away from the designated areas of Dawson Park or Fields. All beer, wine coolers, and intoxicating liquor must be consumed in the designated areas and the containers properly disposed of at Dawson Park and Fields. D. All fermented malt beverages, fermented malt beverage based wine coolers, and intoxicating liquor shall be sold, possessed, and consumed only in non-glass disposable containers. E. The City and/or the City’s lessee may sell fermented malt beverages, fermented malt beverage based wine coolers, and intoxicating liquor at Dawson Park and Fields. F. The City at any time may sell, and the City’s lessee under the following conditions, may sell fermented malt beverages, fermented malt beverage based wine coolers, and intoxicating liquor at Dawson Park and Fields only if: (1) the lessee applied for, paid the fee for, was granted, issued, and holds a valid Class B fermented malt beverage and intoxicating liquor license(s) from the City of Janesville for Dawson Park and Fields; (2) such lessee is permitted to do so in the lessee’s then applicable lease with the City of Janesville; and (3) all such sales are made solely by licensed operators (bartenders). G. Only those persons of lawful drinking age may possess and consume the permitted alcohol under this ordinance, and underage persons may also possess and consume the permitted alcohol but only if such underage person’s parent or guardian accompanies the underage person and permits the possession or consumption of the permitted alcohol, as those terms are understood in Wisconsin’s alcohol beverage laws and/or City ordinances. No underage person shall purchase, consume, or possess any permitted alcohol without the parent or guardian present at the time of such underage person’s consumption or possession, and not without the express permission of such parent or guardian. H.Designated areas “” shall be those specific geographic areas established by the City and/or the lessee. In no event shall a designated area include any area outside the leased premises unless the Common Council of the City expressly so permits. I. No person may sell any permitted alcohol at Dawson Park or Fields, or in any “designated area” thereof, at any time without the prior express written authorization of or licensing by the City of Janesville. This prohibition includes any caterer, food or beverage provider, independent contractor, or other person directly or indirectly retained, contracted, or hired by any applicant, licensee, or lessee, or other person. J. The Lessee shall at all times place, maintain, and empty not less than ten (10) adequate size trash and recycling containers inside the “designated areas.” K. No person shall litter or leave behind, and the Lessee shall prohibit persons from littering or leaving behind any empty, full, or partially full Alcohol Beverage Container(s) in the “designated area” or elsewhere inside or outside upon the grounds, except that which is placed in City or Lessee and/or recycling containers placed at or near the “designated area” for that purpose. L. In the event that City personnel find litter or Alcohol Beverage Container(s) left behind after an event, the City shall remove the items and charge the full cost of said removal and clean-up to the Lessee. The Lessee shall timely pay that charge to the City Clerk-Treasurer. Failure to pay said charge shall constitute a material breach of the Lease Agreement. M. The Common Council of the City hereby expressly and forever reserve unto themselves all rights, privileges, and prerogatives to amend, condition, modify, and otherwise limit, at any time, any alcohol beverage license or permit granted or issued by the City to the Lessee, but only after public hearing and public action thereon in open session, the public peace, health, safety, welfare, and good so requiring.” 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: Common Council Budget Prepared by: City Attorney