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Full Agenda Packet CITY OF JANESVILLE CITY COUNCIL MEETING AGENDA MONDAY, March 12, 2012 7:00 P.M. 1.Call to Order and Pledge of Allegiance. 2.Roll Call. 3.Regular City Council meeting minutes of February 27, 2012. “C” 4.Licenses; and Recommendations of the Alcohol License Advisory Committee. (Refer to separate agenda.) “C” 5.Financial statement for the month of December, 2011. “C” 6.Action on a proposed resolution proclaiming March, 2012 as Women’s History Month in the City of Janesville. (File Res. No. 2012-894) OLD BUSINESS 1.Requests and comments from the public regarding items on the Agenda not requiring a public hearing. 2.Second reading, public hearing and action on proposed ordinances revising beer and liquor sales hours in Class A liquor stores. (Re-Revised File Ord. No. 2012-508 and Re-Revised File Ord. No. 2012-508-S) 3.Second reading, public hearing and action on a proposed ordinance 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) ----------------------- “C” – This designation indicates an item that the City Council will take up under a Consent Agenda. City Council Agenda – March 12, 2012 Page 2 NEW BUSINESS 1.Presentation of Elections. 2.Action on a proposed resolution granting a temporary limited easement for an encroachment allowing installation of ventilation equipment for a new carry-out restaurant to be located in Suite 120 of 101 East Milwaukee Street. (File Res. No. 2012-892) 3.Action on a proposed resolution authorizing the City Manager to apply for a Drug Free Communities Support Program Grant. (File Res No. 2012-893) 4.Staff presentation and direction from Council on proposed procedures for initial distribution and long-term management of carts utilized for the collection of trash and recyclables. 5.Introduce and schedule a public hearing on a proposed ordinance amending the City’s Solid Waste Ordinance to ban asphalt roof shingles from landfill disposal and to incorporate provisions associated with the automated collection of trash and recyclables. (File Ord. No. 2012-512) 6.Requests and comments from the public on matters which can be affected by Council action. 7.Matters not on the Agenda. 8.Motion to adjourn. The use of audible cell phone ringers and active use and response to cellular phone technology by the governing body, staff and members of the public is discouraged in the Council Chambers while the Council is in session. PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING FEBRUARY 27, 2012 VOL. 62 NO. 32 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on February 27, 2012. The meeting was called to order by Council President Steeber at 7:00 PM. Council President Steeber 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 February 13, 2012. Licenses; and Recommendations of the Alcohol License Advisory Committee. (Refer to separate agenda.) Motion to approve final Certified Survey Map #12002-C, City of Janesville, 3 lots along Beloit Avenue. Action on a financial gain request by Partners in Prevention for a run/walk to be held on June 9, 2012. Council President Steeber stated that all items on the consent agenda would be approved if there were no objections. There were none. Council President Steeber recognized the 2011 City of Janesville Employees of the Year. Administrative Services: Sheryl Inman, Public Works: Margaret Duerr and Public Safety: Anne Brophy. OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. Burdette Erickson, 115 S. High St., spoke in favor of both the demolition of 203 Linn St. (NB #8), and the sale of 407 Lincoln St. (NB #7). Andreah Briarmoon, 339 S. Locust St., spoke in favor of the sale of 407 Lincoln St. (NB #7) and against the demolition of 203 Linn St. (NB #8). 2. A proposed final resolution for assessable sewer and water laterals received its public hearing. No one spoke. The public hearing was closed. Councilmember Liebert moved to adopt said resolution, seconded by Councilmember Voskuil and passed unanimously. (File Res. No. 2012-889) 3. A proposed ordinance amending Janesville’s parking penalties received its second reading and public hearing. Andreah Briarmoon, 339 S. Locust St., and Billy McCoy, 1326 Putnam Ave., spoke against the ordinance change. The public hearing was closed. Councilmember Rashkin moved to adopt said ordinance, seconded by Councilmember Liebert and passed unanimously. (File Ord. No. 2012-509) NEW BUSINESS 1. Presentation on Elections. City Clerk-Treasurer Jean Ann Wulf gave a presentation on elections and how citizens could obtain a free Photo ID for voting purposes. No Council action taken. 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. Councilmember McDonald moved to authorize said contract, seconded by Councilmember Voskuil and passed unanimously. 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. Councilmember Rashkin moved to adopt said resolution, seconded by Councilmember McDonald and passed unanimously. (File Res. No. 2012-890) 4. Action on a proposed resolution approving the continuation of Worker Compensation Limited Self-Insurance Program. Councilmember McDonald moved to adopt said resolution, seconded by Councilmember Voskuil and passed unanimously. (File Res. No.2012-883) 5. Action on a proposed resolution releasing a water main easement on property located at 900 S. Palm St. Councilmember McDonald moved to adopt said resolution, seconded by Councilmember Dongarra-Adams and passed unanimously. (File Res. No. 2012-888) 6. Action on a proposed resolution authorizing the City Manager to sell the Hugunin House located at 2739 Beloit Ave. Councilmember Liebert moved to adopt said resolution, seconded by Councilmember Voskuil and passed unanimously. (File Res. No. 2012-884) 7. Action on a proposed resolution authorizing the City Manager to sell property located at 407 Lincoln St. through the Neighborhood Stabilization Program. Councilmember Liebert moved to adopt said resolution, seconded by Councilmember Voskuil and passed unanimously. (File Res. No. 2012-887) 8. Action on a proposed resolution authorizing the demolition of tax foreclosed property located at 203 Linn St. Councilmember McDonald moved to adopt said resolution, seconded by Councilmember Rashkin and passed unanimously. (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. Councilmember Rashkin moved to include the necessary funding in the 2012 Note Issue for the above contracts and award said contracts to: Contract Company Amount 2012-4 Rock Road Companies, Inc. $1,428,308.74 2012-5 Yeske Construction $745,238.95 2012-6 Josh’s Construction $146,829.00 2012-7 J.B. Johnson Bros., LLC $58,000.00 2012-8 R.T. Fox Contractors, Inc. $951,215.00 2012-9 Klobucar Construction Co., Inc. $1,796,500.00 Council President Steeber seconded the motion. Councilmember Dongarra-Adams offered a friendly amendment that borrowing for Contract 2012-4 be limited to $950,000 in the 2012 Note Issue. The friendly amendment was accepted by the maker and the seconder. Each contract was voted on separately. Contract 2012-4 passed by the following vote: Aye: Dongarra-Adams, Rashkin, Steeber and Voskuil. Nay: Liebert and McDonald. Contract 2012-5 passed unanimously. Contract 2012-6 passed unanimously. Contract 2012-7 passed unanimously. Contract 2012-8 passed unanimously. Contract 2012-9 passed by the following vote: Aye: Liebert, Rashkin, Steeber and Voskuil. Nay: Dongarra-Adams and McDonald. 10. Proposed ordinances revising beer and liquor sales hours in Class A liquor stores were introduced and scheduled for a public hearing on March, 12, 2012. (Re-Revised File Ordinance No. 2012-508 and Re-Revised File Ordinance No. 2012-508-S) 11. Proposed ordinances allowing the sale, use, and consumption of fermented malt beverages at the Senior Activity Center and Dawson Softball Complex were introduced and scheduled for a public hearing on March 12, 2012. (File Ord. Nos. 2012-510 and 2012-511) 12. Requests and comments from the public on matters which can be affected by Council action. Andreah Briarmoon, 339 S. Locust St., stated that 203 Linn St. could be sold to an investor, requested that all elections be held in the fall, and stated that the CDA Board does not approve home demolitions. Councilmember McDonald stated for the record that an independent structural engineer’s report on 203 Linn St. indicated that the house could not be rehabilitated. Jim Fowler, 4015 Wilshire Ln., asked the council to reconsider the vote on funding of the sidewalk program. 13. Matters not on the Agenda. Councilmember Liebert asked citizens to come to the next Council Meeting to speak on the proposed changes to the alcohol ordinances (NB #10). Councilmember Rashkin asked if the SHINE agreement had been signed yet and when it would be signed. City Manager Levitt stated the agreement is expected to be signed in the next week. He also provided an update on the SHINE project. Councilmember Rashkin announced the passing of Roger Axtell, and encouraged people to take up his cause of the “Path of Nations”. 14. Councilmember Rashkin moved to convene into closed session, pursuant to Wisconsin Statute Section 19.85(1)(e), for the purpose of deliberating and setting the 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 motion was seconded by Councilmember McDonald and passed unanimously. There being no future business, the Council convened into closed session at 9:32 p.m. These minutes are not official until approved by the City Council. David T. Godek Deputy Clerk-Treasurer JANESVILLE CITY COUNCIL LICENSE AGENDA 3/12/2012 RECOMMENDED A. ELECTRICIANS–ORIGINAL Marc A. Mc Nett 570 Prestige Ct., Edgerton, WI B. SECONDHAND JEWELRY DEALER–ORIGINAL Ibrahim S. Mustafa d/b/a Smoker’s World 2622 E. Milwaukee St. C. APPLICATION FOR A CLASS B LICENSE AMENDMENT TO ALLOW EXPANSION OF OUTDOOR SEATING TO INCLUDE AUDIO MEMORIAL DAY WEEKEND THROUGH LABOR DAY WEEKEND ON SATURDAYS FROM 2:00 P.M. TO 6:00 P.M. Hammy’s, Inc. d/b/a Hammy’s Roadside Bar 2131 Center Ave. Jessica A. Tadder CITY MANAGER’S OFFICE MEMORANDUM REVISED March 8, 2012 TO: City Council FROM:Rebecca Smith, Management Assistant SUBJECT: Action on a proposed resolution recognizing March, 2012 as Women’s History Month in the City of Janesville. (File Res. No. 2012-894) Request Council President Steeber and Councilmember Liebert requested staff develop a resolution recognizing Women’s History Month. Staff Recommendation Staff recommends the Council approve Resolution No. 2012-894 to recognize the month of March, 2012 as Women’s History Month. City Manager’s Recommendation The City Manager recommends approval of Resolution No. 2012-894. Suggestion Motion I move to adopt Resolution No. 2012-894 to recognize the month of March, 2012 as Women’s History Month. Women’s History Month Women’s History Month had its origins as a national celebration in 1981 when Congress passed Pub. L. 97-28 which authorized and requested the President to proclaim the week beginning March 7, 1982 as “Women’s History Week." Throughout the next five years, Congress continued to pass joint resolutions designating a week in March as "Women’s History Week." In 1987, after being petitioned by the National Women’s History Project, Congress passed Pub. L. 100-9 which designated the month of March 1987 as “Women’s History Month." Between 1988 and 1994, Congress passed additional resolutions requesting and authorizing the President to proclaim March of each year as Women’s History Month. Since 1995, Presidents Clinton, Bush and Obama have issued a series of annual proclamations designating the month of March as “Women’s History Month.” The purpose of Women’s History Month is to pay tribute to the generations of women whose commitment to nature, sciences, the arts and other initiatives have proved invaluable to society. (Source: http://womenshistorymonth.gov/) FILE RESOLUTION NO. 2012-894 A resolution recognizing March, 2012 as Women’s History Month in the City of Janesville. WHEREAS , celebrating women’s history began in 1981 when Congress requested the President designate a week in March as Women’s History Week and in the early 1990s, the celebration was expanded to Women’s History Month; and WHEREAS , the purpose Women’s History Month is to pay tribute to the generations of women whose commitments to nature, sciences, the arts and other initiatives proved invaluable to society; and WHEREAS , we commemorate the difficulties and political activism that women have encountered, including the work of Elizabeth Cady Stanton and Rosa Parks; and WHEREAS , we honor the passion for science and technology of women, such as Sally Ride and Amelia Earhart, who paved the way for future generations to make technological advances through their exemplary contributions; and WHEREAS , we recognize female artists for their perspective and emotion-stirring artistic abilities, such as Frida Kahlo, whose creative styles are still taught in school systems across the country; and WHEREAS , we credit women, such as Florence Nightingale, for their selfless giving and charitable acts to help those with medical conditions; and WHEREAS , we acclaim all women who positively impact their family, school, neighborhood, work environment or community by using their talents and creativity to help others and better our society. NOW, THEREFORE BE IT RESOLVEDby the Common Council of the City of Janesville on this 12th day of March, 2012, that the month of March, 2012be recognized as Women’s History Month in the City of Janesville; and BE IT FURTHER RESOLVED by the Common Council to call upon all Janesville citizens to recognize and thank the women that have made positive contributions in their lives and to the Janesville community. 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: City Attorney Proposed by: Steeber, Liebert Prepared by: Mgt Asst CITY ATTORNEY’S OFFICE MEMORANDUM March 12, 2012 TO: Common Council FROM: Klimczyk, City Attorney SUBJECT: Class A Liquor Store -- Beer & Liquor Sales Hours Second Reading, Public Hearing and Action Proposed Re-Revised File Ordinance No. 2012-508 6:00 a.m. – 9:00 p.m. Proposed Re-Revised File Ordinance No. 2012-508-S State Law Hours Summary 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 8:00 a.m. – 9:00 p.m. daily Class A liquor store beer sales. 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. Both proposed Re-revised File Ordinance Nos. 2012-508 and 2012-508-S were given separate first readings on Monday, February 27, 2012, and both are 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 midnight Class A closing hours for fermented malt beverages. City Manager Recommendation Give a separate second reading, combined public hearing, and then take action on adopting either proposed Re-Revised File Ordinance No. 2012-508 or No. 2012-508-S setting the sales hours of fermented malt beverages and intoxicating liquors. Whatever the Common Council may ultimately decide, furthermore, is acceptable to the City Manager. Previously, “The City Manager support[ed] the position of the police department.” Suggested Motion(s) “I move the adoption of File Ordinance No. 2012-508 (6:00 a.m. – 9:00 p.m.)” or “I move the adoption of File Ordinance No. 2012-508-S (6:00 a.m. – 9:00 p.m. for intoxicating liquor and midnight for fermented malt beverages).” Background 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 current State law as it pertains to the sale of alcohol in a Class “A” premise is as follows: 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.” 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. A majority of the Council at that time thought that was the way to go. The amended 8:00 a.m. start time ordinance, however, was considered and failed after the Council’s second reading and public hearing on Monday, February 13, 2012, at which time Council Member Voskuil spoke up and said let’s go back to 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 agenda item request. Attached proposed Re-revised File Ordinance No. 2012-508 accomplishes Council Members Voskuil’s and Dongarra-Adams’ agenda-item desire. 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. 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 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 a.m. - 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 cease daily at nine o’clock (9:00) p.m. and shall not resume until eight six o’clock (86:00) o’clock a.m. the following morning. No fermented malt beverages may be sold between the hours of 9:00 p.m. and 86:00 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 a.m. - 9:00 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) o’clock a.m. the following morning. No intoxicating liquor may be sold between the hours of 9:00 p.m. and 6:00 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 March 6, 2012 TO: City Council FROM: Shelley Slapak, Acting Recreation Director SUBJECT: Second Reading, Public Hearing and Action 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 that following the public hearings the City Council adopt 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. City Manager Recommendation The City Manager defers to the Council on this issue. 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 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 1 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 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, participants consuming too much, and potential issues with bars not choosing to sponsor softball teams. 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 Community Development Department Memorandum Date: March 7, 2012 TO: Janesville City Council FROM: Gale Price, AICP, Manger of Building and Development Services SUBJECT: Action on a proposed resolution granting a temporary limited easement for an encroachment allowing installation of ventilation equipment for a new carry-out restaurant to be located in Suite 120 of 101 East Milwaukee Street (File Resolution 2012-892). _____________________________________________________________________ I. EXECUTIVE SUMMARY Sara Investments, owner of 101 East Milwaukee Street (also known as Prospect 101) has a prospective tenant for a new carry-out restaurant to be located in Suite 120. That space previously was used for a carry-out restaurant but this prospective tenant desires to include an expanded menu which would require a hood and ventilation duct. The most cost effective approach is to exhaust the equipment through the side of the building rather than up through multiple floors. Extending the ductwork out the side of the building requires the City to grant an easement since the adjacent property is owned by the City. II. RECOMMENDATION The Community Development Department recommends that the City Council support a motion to approve Resolution No. 2012-892 granting a temporary limited easement for an encroachment allowing installation of ventilation equipment for a new carry-out restaurant to be located in Suite 120 of 101 East Milwaukee Street. III. CITY MANAGER RECOMMENDATON The City Manager recommends approval. IV. SUGGESTED MOTION Motion to approve file resolution 2012-892, granting a temporary limited easement for an encroachment allowing installation of ventilation equipment for 101 East Milwaukee Street. V. REQUEST Ryan Savasta representing 101 Milwaukee, LLC (Sara Investments Real Estate) who is the principal owner of 101 East Milwaukee Street (also known as Prospect 101) has requested a temporary limited easement for the installation of ventilation equipment at 101 East Milwaukee Street. The proposed temporary limited easement will allow for installation of a cooking hood fan to project out of the north side of the building and would facilitate a new carry-out restaurant within Suite 120. This suite was formerly leased to a carry-out restaurant with a limited food menu. The property affected by the easement is a City-owned parking lot between 101 East Milwaukee and 16 North Main Street (Looking Glass Saloon). The easement would allow the duct work to extend off of the side of the building and over a portion of the parking lot. In order to protect the City’s investment the easement must be temporary and allow the City to require the owner of 101 East Milwaukee to relocate the cooking hood fan if the City or another entity redeveloped the adjacent parking lot. Relocation of the duct work and fan would be needed if a new structure was constructed on the property, which is not anticipated at this time as the parking lot also provides delivery access for the remaining buildings north of the lot including Looking Glass Saloon and Quotes Bar. The easement protects the owner of 101 East Milwaukee Street until such time as the facilities must be moved. VI. ANALYSIS A. Sara Investments desires to fill Suite 120 with a new carry-out restaurant within the building. The most reasonable approach to providing the required hood and fan equipment is to extend outside the building on the north side. Without the easement the fan and duct work would need to extend vertically through the building to the roof. Given the location of the tenant space and the complicated nature of extending vertically through existing rented space, Staff believes that this is a reasonable alternative. The new carry-out restaurant will include a remodel with a new kitchen. New ventilation equipment is necessary to expel grease laden fumes from the space and to meet the requirements of the Wisconsin Commercial Building Code. B. The installation of the ventilation equipment includes a cooking hood over a grill connected to a commercial hood fan that vents to the outside. Because there are existing tenants in the upper floors of the building, it would be difficult to extend the hood duct up through the building envelope. Because the property line between the City-owned parking lot and 101 East Milwaukee is immediately adjacent to the exterior wall of the building, an easement allowing the encroachment is required. That easement would be temporary in nature to prevent any structural encroachment within 10 feet of the hood fan. C. The commercial building code allows such encroachments to occur when there is an easement in place to protect the parties. A 14 foot by 37 foot easement at the northwest corner of 101 East Milwaukee is proposed. The 14 foot dimension for the fan encroachment is identified since the clear area around the hood fan must be 10 feet beyond the hood fan, which is 3.5 feet in length. D. The easement is temporary in nature to protect the City’s interest in the real estate between 101 East Milwaukee and 16 North Main Street. If the City or another owner was to redevelop the property with a building that extended up to the property line and the exterior of the building, a permanent easement would prevent any building from being within 14 feet of the exterior of the building where the hood is. With this temporary easement the City can require the owner of 101 East Milwaukee Street and/or the carry-out restaurant owner to remove the hood fan within 90 days of a written request of the City and the equipment must be relocated to meet the requirements of the Wisconsin Commercial Building Code. Since the easement is temporary in nature and no City assistance has been given to the project, the City will not charge a fee for the easement. The easement will not affect the parking within the lot as that activity does not qualify as a “structure” and is permitted to continue. VII. PLAN COMMISSION RECOMMENDATON The Plan Commission reviewed this request at its March 5, 2012 meeting and . unanimously voted to forward the request with a recommendation for approval cc: Eric Levitt Jacob J. Winzenz RESOLUTION NO. 2012-892 A resolution granting a temporary limited easement for an encroachment of installation of ventilation equipment for 101 East Milwaukee Street, Suite 120 affecting property between 101 East Milwaukee Street and 16 North Main Street (File Resolution No. 2012-892). WHEREAS , the City of Janesville, a Wisconsin Municipal Corporation located in Rock County, Wisconsin is the owner of property located between 101 East Milwaukee Street and 16 North Main Street and grants the temporary limited easement as described on the attached Exhibit A; and WHEREAS , 101 Milwaukee Street, LLC, an Wisconsin Domestic Limited Liability company, owner of real estate located at 101 East Milwaukee Street and the prospective tenant in a first floor carry-out restaurant use have requested that the City grant to them a temporary limited easement to facilitate the installation of ventilation equipment for a cooking hood fan for a carry-out restaurant to be located at 101 East Milwaukee Street, Suite 120; and WHEREAS , the City of Janesville Community Development staff have determined that the location of the proposed easement does not conflict with the current or planned future use of city-owned lands in the easement area; and WHEREAS , the easement is revocable by the City as upon written request by the City to the owner of the real estate located at 101 East Milwaukee and the carry-out restaurant owner in Suite 120 at 101 East West Milwaukee Street will be required to remove the hood fan encroachment from the north wall of 101 East Milwaukee Street at their own expense. Furthermore the hood fan shall be required to relocated in accordance with the Wisconsin Commercial Building Code and the exterior wall returned to a code compliant fire wall, all at the expense of the owners of 101 East Milwaukee Street and/or the owner of the carry-out restaurant located at 101 East Milwaukee Street, Suite 120; and WHEREAS ; the redevelopment of Suite 120 within 101 East Milwaukee Street represents a significant investment in the property without City assistance and since the easement is temporary nature, the City shall not require payment for the easements covering the encroachments as described; and WHEREAS , the Janesville Plan Commission, pursuant to Section 62.23, Wisconsin State Statutes, reviewed the granting of the easements to 101 Milwaukee Street, LLC and found the easement to be consistent with City Plans but did not review the financial aspects of the transaction; and WHEREAS , providing these easements are in the best interest of the City and its residents; and NOW THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF JANESVILLE that the City of Janesville hereby grants the easements to 101 Milwaukee Street, LLC as described in Exhibit A attached hereto and made a part hereof; and BE IT FURTHER RESOLVED that the City Manager and City Clerk of the City of Janesville are hereby authorized to negotiate, draft, enter into, and execute, on behalf of the City of Janesville, the proposed easements between the City and 101 Milwaukee Street, LLC, and prepare and file such other documents, forms, and papers pertaining to this transaction as may, from time to time, be necessary or desirable to effectuate the intent of this resolution and/or easements. 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: City Attorney Proposed by: 101 Milwaukee Street, LLC Prepared by: Community Development Department EXHIBIT A ATTACHMENT TO RESOLUTION NO. 2012-892 TEMPORARY LIMITED EASEMENT FOR AN ENCROACHMENT OF INSTALLATION OF VENTILATION EQUIPMENT FOR 101 EAST MILWAUKEE STREET LEGAL DESCRIPTION Easement Area: The Grantor shall grant a 14-foot wide Temporary Limited non-exclusive easement for an encroachment for the installation of ventilation equipment within the following described area: LOCATED ON LOT 7, BLOCK 34, ORIGINAL PLAT, CITY OF JANESVILLE, ROCK COUNTY, WISCONSIN DESCRIBED AS FOLLOWS: Commencing at a drillhole in concrete at the most Southerly corner of said Block 34; thence N.39˚48’15”W. along the SW Line of said Block 92.80 feet to the most Westerly Corner of a parcel described in Document No. 1834900, also being at the place of beginning for the easement to be herein described; thence N.39˚48’15”W. continuing along said SW Line 14.00 feet; thence N.50˚06’10”E. 37.00 feet; thence S.39˚48’15”E. 14.00 feet to a line of said Parcel thence S.50˚06’10”W. along said Line of said Parcel 37.00 feet to the place of beginning. NOTE: The above description is subject to any and all existing easements and agreements, recorded or unrecorded. NOTE: The granting of these easements are subject to the following conditions as outlined in City of Janesville Common Council authorization Resolution No. 2012-892: The easement is revocable and may be fully and forever terminated by the City, at no cost or expense to the City, at any time upon written notice from the City to the current or future owner of the real property located at 101 East Milwaukee. Building owner of 101 East Milwaukee and/or restaurant owner in Suite 120 will be required to remove the hood fan north wall of 101 East Milwaukee Street at their own expense. Furthermore the hood fan shall be required to relocated in accordance with the Wisconsin Commercial Building Code and the exterior wall returned to a code compliant fire wall, all at the total cost and expense of the owner of 101 East Milwaukee Street and/or the owner/operator of the carry out restaurant 101 East Milwaukee Street, Suite 120. The redevelopment of Suite 120 within 101 East Milwaukee Street represents a significant investment in the property without City assistance. Because the easement is of a temporary nature and because the renovation project cannot move forward without the easement from the City, by accepting this limited non-exclusive easement the grantee, for himself and each and every of grantee’s heirs, executors, and assigns acknowledges and agrees that the City shall not require payment for the easements covering the encroachments as described but such development, investment and easements create no current or future liability or payment of any kind for the City. STATE BAR OF WISCONSIN FORM 2 – 1982 TEMPORARY LIMITED Document No. ENCROACHMENT EASEMENT CITY OF JANESVILLE Hereby grants unto 101 Milwaukee Street, LLC, an Wisconsin Domestic Limited Liability company a temporary non-exclusive limited encroachment easement for the installation of ventilation equipment on the north side of a structure located at 101 East Milwaukee Street in the City of Janesville, County of Rock, State of Wisconsin. Easement allows Ingress To, and Egress From Same, Including But Not Limited To, Construction, Installation, Repair, Reconstruction, and Maintenance of ventilation equipment only for the uses within 101 East Milwaukee Street Over, upon and over, the following described City of Janesville owned real estate in Rock County, State of Wisconsin: RETURN TO: Jean Ann Wulf City Clerk - Treasurer City of Janesville P.O. Box 5005 Janesville, WI 53547-5005 0136100277 TAX PARCEL IDENTIFICATION NO. -- REFER TO ATTACHED PAGE 2 -- Dated this ____________________ day of March, 2012. Conveyance is exempt from the fee because of s. 77.25(2g) and/or (2r). CITY of Janesville (SEAL) (SEAL) * * By: Eric J. Levitt, City Manager (SEAL) * (SEAL) * By: Jean Ann Wulf, City Clerk-Treasurer AUTHENTICATIONACKNOWLEDGEMENT Signature(s) STATE OF WISCONSIN ) ROCK COUNTY ) SS. Authenticated this day of, Eric J. Levitt and Jean Ann Wulf PERSONALLY CAME BEFORE ME THIS day of * March, 2012, the above named TITLE: MEMBER STATE BAR OF WISCONSIN (IF NOT, AUTHORIZED BY S.S. 706.06, WIS. STATUTES) To me known to be the person(s) who executed the foregoing instrument And acknowledged the same. THIS INSTRUMENT WAS DRAFTED BY: WALDEMAR KLIMCZYK, CITY ATTORNEY By: CITY OF JANESVILLE Notary Public, Rock County, Wis. 18 NORTH JACKSON ST, P.O. BOX 5005 JANESVILLE, WI 53547-5005 My Commission is permanent. (If not, state expiration date): (608) 755-3155 Date: 7/29/10 , (Signatures may be authenticated or acknowledged. Both are not necessary.) *Names of persons signing in any capacity should be typed or printed below their signatures. TEMPORARY LIMITED EASEMENT CITY OF JANESVILLE FOR 101 MILWAUKEE STREET, LLC 101 EAST MILWAUKEE PAGE 2 Easement Area: The Grantor shall grant a 14-foot wide Temporary Limited non-exclusive easement for an encroachment for the installation of ventilation equipment within the following described area: LOCATED ON LOT 7, BLOCK 34, ORIGINAL PLAT, CITY OF JANESVILLE, ROCK COUNTY, WISCONSIN DESCRIBED AS FOLLOWS: Commencing at a drillhole in concrete at the most Southerly corner of said Block 34; thence N.39Û48’15”W. along the SW Line of said Block 92.80 feet to the most Westerly Corner of a parcel described in Document No. 1834900, also being at the place of beginning for the easement to be herein described; thence N.39Û48’15”W. continuing along said SW Line 14.00 feet; thence N.50Û06’10”E. 37.00 feet; thence S.39Û48’15”E. 14.00 feet to a line of said Parcel thence S.50Û06’10”W. along said Line of said Parcel 37.00 feet to the place of beginning. NOTE: The above description is subject to any and all existing easements and agreements, recorded or unrecorded. NOTE: The granting of these easements are subject to the following conditions as outlined in City of Janesville Common Council authorization Resolution No. 2012-892: The easement is revocable and may be fully and forever terminated by the City, at no cost or expense to the City, at any time upon written notice from the City to the current or future owner of the real property located at 101 East Milwaukee. Building owner of 101 East Milwaukee and/or restaurant owner in Suite 120 will be required to remove the hood fan north wall of 101 East Milwaukee Street at their own expense. Furthermore the hood fan shall be required to relocated in accordance with the Wisconsin Commercial Building Code and the exterior wall returned to a code compliant fire wall, all at the total cost and expense of the owner of 101 East Milwaukee Street and/or the owner/operator of the carry out restaurant 101 East Milwaukee Street, Suite 120. The redevelopment of Suite 120 within 101 East Milwaukee Street represents a significant investment in the property without City assistance. Because the easement is of a temporary nature and because the renovation project cannot move forward without the easement from the City, by accepting this limited non-exclusive easement the grantee, for himself and each and every of grantee’s heirs, executors, and assigns acknowledges and agrees that the City shall not require payment for the easements covering the encroachments as described but such development, investment and easements create no current or future liability or payment of any kind for the City. HEDBERG PUBLIC LIBRARY MEMORANDUM March 2, 2012 TO: City Council FROM: Bryan J. McCormick, Library Director SUBJECT: Action on a Proposed Resolution Authorizing the City Manager to Apply for a Drug Free Communities Support Program Grant (File Res 2012-893) Summary Funding and program reductions at Partners in Prevention and the Janesville School District have created a void in the promotion of the dangers of drug and alcohol abuse by underage youth in our community. A group of concerned community members have formed a coalition called Janesville Mobilizing 4 Change (JM4C) to fill this void. The coalition would like to apply for a Drug Free Communities grant from the US Department of Health and Human Services. However, the JM4C coalition is not yet established to receive federal funds, so it must partner with an eligible entity. Both the Hedberg Public Library and the City of Janesville Police Department are members of JM4C and are eligible to receive federal funding. File Resolution 2012-893 authorizes the City Manager to apply for a Drug Free Communities grant from the US Department of Health and Human Services in the amount of $125,000 and have the City of Janesville act as the fiscal agent. Request The Janesville Mobilizing 4 Change (JM4C) coalition requests that the City of Janesville act as the fiscal agent for a Drug Free Communities grant from the US Department of Health and Human Services. Recommendation The Library Director recommends that the City Council approve File Resolution 2012-893 which authorizes the City Manager to apply for a Drug Free Communities grant from the US Department of Health and Human Services in the amount of $125,000 and act as the fiscal agent for the grant. City Manager Recommendation The City Manager recommends approval. Background For several years Partners in Prevention has been in the Janesville area, advocating about the dangers of drug and alcohol abuse by underage youth in the community. In 2002 they received a Drug Free Communities grant from the US Department of Health and Human Services. This was a 10-year grant which 1 will expire on Sept. 29, 2012. In addition, the School District of Janesville has had an Alcohol, Tobacco and Other Drugs of Abuse (ATODA) Coordinator to help educate youth about these issues. Funding issues have brought cutbacks to the ATODA program at the School District, including the loss of the CRES Academy, and Partners in Prevention is no longer eligible for the federal Drug Free Communities grant (limit of 10 years of funding). This left a void in the promotion of the dangers of drug and alcohol abuse by underage youth in our community. Realizing that there is still a need to educate our youth about these dangers, as evidenced by the 2010 Youth Risk and Behavior Survey that was thth taken by all Janesville 10 and 12 graders, a group of concerned community members began meeting and formed a coalition called Janesville Mobilizing 4 Change (JM4C). The JM4C is a coalition created by community members from throughout the Janesville area who represent 12 different sectors (see attached membership roster). The coalition includes individuals representing the business community, parents, our youth (someone 18 or younger), the media, the schools, a youth- serving organization, law enforcement, a religious or fraternal organization, a civic or volunteer group, the healthcare profession, a state or local government agency with expertise in the field of substance abuse, and one other organization also involved in reducing substance abuse. The JM4C has an appointed Board of Directors and a set of by-laws which govern its operations. Once established, JM4C took a closer look at the 2010 Youth Risk and Behavior Survey along with the Safe and Supportive Schools survey. They conducted key stakeholder interviews, held youth focus groups, surveyed Janesville residents and examined social indicator data (truancy, dropout rates, and school and law enforcement issued consequences). The data identified two areas of concern in the Janesville area: the use of alcohol by underage youth and the abuse of prescription drugs. The JM4C discussed evidence-based strategies and actions which can promote the awareness of these problems and issues within our community, and decided to apply for a U.S. Department of Health and Human Services Drug Free Communities grant. This is the same grant that Partners in Prevention had received for 10 years but is no longer eligible to apply for (limit of 10 years of funding). Grant Application The grant is part of the Drug Free Communities Support Program (DFC) a collaborative effort between the Office of National Drug Control Policy and the Substance Abuse and Mental Health Services Administration (SAMHSA, an operating division of the U.S. Health and Human Services Department). The goals of the program are to reduce substance abuse among youth; help community coalitions strengthen collaboration, enhance intergovernmental communication and coordination, enable communities to conduct data-driven research-based prevention planning, and provide communities with technical assistance, guidance and financial support. 2 As part of the grant application the 12 sectors of the community must be represented by individuals or organizations supportive of the Drug Free Communities Support Program. The grant must also state the two areas of concern within the community (alcohol and prescription drug abuse) and have data to support that conclusion. Strategies, tactics and goals to address those two areas of concern must also be included in the grant application. A proposed budget must also be presented, including identification of monetary and in-kind contributions which must match the level of the grant. Partners in Prevention, a 10-year past recipient of this grant, has assisted JM4C with the grant application process and budget preparations. Analysis Attached to this memo is the proposed budget for the Drug Free Communities grant. Funds would be used to; hire an individual to serve as the Project Coordinator for JM4C; send JM4C staff and partners to national conferences where training sessions will be held; create informational brochures, posters and banners; create an informational website; conduct youth surveys; and translation of documents into Spanish. The Drug Free Communities grant has a match requirement of 100%. The match requirements can be met through a variety of in-kind contributions and do not necessarily require a cash contribution from the grantee. Partners in Prevention was able to meet all their match requirements through these in-kind contributions. However, the City Council needs to be aware that as the applicant and fiscal agent they will ultimately be responsible for meeting these match requirements. 3 RESOLUTION NO. 2012-893 A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION IN COOPERATION WITH THE JANESVILLE MOBILIZING 4 CHANGE (JM4C) COMMUNITY COALITION FOR A U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES 2012 DRUG FREE COMMUNITIES GRANT WHEREAS , the Janesville Mobilizing 4 Change (JM4C) Community Coalition has proposed to apply for a Drug Free Communities Grant from the U. S. Department of Health and Human Services in the amount of $125,000; and WHEREAS, the Youth Risk and Behavior Survey from 2010 revealed that 35% of juniors and 45% of seniors drank alcohol within the last 30 days, and 20% of juniors and 31% of seniors binge drank within the last 30 days; and WHEREAS, the Youth Risk and Behavior Survey from 2010 also revealed that 23% of juniors and 29% of seniors have taken a Rx drug without a doctor’s prescription, and 14% of juniors and 15% of seniors have taken on over-the-counter drug to get high; and WHEREAS, members of the community have banded together to create a coalition to increase awareness of these issues; and WHEREAS, the coalition comprises of members representing 12 different sectors of the Janesville community including youth, parents, business, media, schools, youth-serving organizations, law enforcement, religious or fraternal organizations, civic or volunteer groups, healthcare professionals, state or local government agency with expertise in the field of substance abuse, and other organizations involved in reducing substance abuse; and WHEREAS, JM4C proposes that the City of Janesville enter into a cooperative agreement as a fiscal agent for the grant, providing accounting and financial oversight of the federal grant; and WHEREAS, a minimum of a 100% match is required for the grant and this match will be met by in-kind community and staff contributions as outlined in the grant application; and WHEREAS , the Common Council of the City of Janesville finds it is in the best interest of the community to facilitate these drug and alcohol awareness activities. NOW, THEREFORE BE IT RESOLVED by the Common Council of the City of Janesville that it authorizes and directs the City Manager to participate in a cooperative agreement for an application to the U. S. Department of Health and Human Services, and that the City Manager is authorized to act in connection with the application and to provide such additional information as may be required and to administer the program in accordance with all applicable State and Federal regulations. BE IT FURTHER RESOLVED, that in-kind community and staff contributions are hereby committed to meet the minimum match requirement of 100% of the Drug Free Communities Grant funding. BE IT FURTHER RESOLVED, that the City Manager, and his designees, are hereby authorized to negotiate, draft, prepare, execute, file and modify such other documents, papers and agreements ancillary and/or pertaining thereto and, from time to time, to take and/or make whatever other minor actions and/or minor modifications to the above described agreements as the City Manager and/or his designee may deem necessary and/or desirable to effectuate the purposes of such agreements and the intent of this resolution. ADOPTED: Motion by: Second by: APPROVED: CouncilmemberAyeNayPassAbsent 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: Janesville Mobilizing 4 Change Prepared by: Hedberg Public Library Director Janesville Mobilizing 4 Change 2012-13 Section G: Budget and Budget Justification, Existing Resources, Other Support A. Personnel: FEDERAL REQUEST Position Name Annual Salary/Rate Level of Effort Cost Project To be selected $41,600 ($20/hr) 100% $41,600 Coordinator salaried TOTAL $41,600 JUSTIFICATION: The Project Coordinator will coordinate coalition meetings, and project activities, including training, coalition communication, community relations, data collection and dissemination of results, salary based on local averages for community organizer positions. NON-FEDERAL MATCH Position Name Annual Salary/Rate Level of Effort Cost Project Director Bryan $94,120 10% $9,412 McCormick TOTAL $9,412 JUSTIFICATION: The Project Director will provide oversight of grant, including fiscal and personnel management, project implementation and evaluation, and training and technical assistance. Match from the fiscal agent, the City of Janesville, Hedberg Public Library FEDERAL REQUEST $41,600 (enter in Section B column 1 line 6a of form SF424A) NON-FEDERAL MATCH$9,412 (enter in Section B column 2 line 6a of form SF424A) B. Fringe Benefits : List all components of fringe benefits rate FEDERAL REQUEST Component Rate Wage Cost FICA 7.65% $41,600$3,182 Health Insurance Project Coordinator annual $17,057 Life Insurance Project Coordinator annual $166 WRS - retirement Project Coordinator annual $2,454 TOTAL $22,859 JUSTIFICATION:. Fringe reflects current rate for agency NON-FEDERAL MATCH Component Rate Wage Cost FICA-PD 7.65% $94,120 $720 Workers Compensation 2.5% x 10% (PD) $94,120 $235 2.5% (PC) $41,600 $1,040 Health Benefit package -PD $17,057/year 10% $1,706 WRS – retirement-PD .06% x 10% $94,120 $565 TOTAL $ 4,266 JUSTIFICATION: This line item reflects the donated cost of Employer's FICA and Workers Compensation and Benefits package for the Project Director and workers compensation for the Project Coordinator,from the fiscal agent, the City of Janesville, Hedberg Public Library. Janesville Mobilizing 4 Change 2012-13 FEDERAL REQUEST $22,859 (enter in Section B column 1 line 6b of form SF424A) NON-FEDERAL MATCH$4,266 (enter in Section B column 2 line 6b of form SF424A) C. Travel: Explain need for all travel other than that required by this application. Local travel policies prevail. FEDERAL REQUEST Purpose of Travel Location Item Rate Cost New Grantee Washington, Airfare $260/flight x 2 $520 Training DC persons Hotel $250/night x 2 persons $1,500 x 3 nights Per Diem $71/day x 2 persons x $426 (meals) 3 days Ground $60/person x 2 $231 Transportation persons + 200 miles to airport Coalition Academy Ft. Dodge, Iowa Ground 595 miles x $.555 $330 Week 1 Transportation Coalition Academy Ft. Dodge, Iowa Ground 595 miles x $.555 $330 Week 2 Transportation Coalition Academy Ft. Dodge, Iowa Ground 595 miles x $.555 $330 Week 3 Transportation Regional coalition WI Dells, WI Hotel $70/night x 2 persons $420 training: WI x 2 nights Prevention Per Diem $61/day x 2 persons x $366 Conference (meals) 3 days Ground 174 miles x 0.555 $97 Transportation CADCA Mid-year July 21-25, Airfare $425/ flight +$40 $930 2013 Austin, baggage x 2 people TX Hotel $125/night x 4 nights $2,000 x 2 people Per Diem $71/day x 4 days x 2 $568 (meals) people UDETC 2011 conference Airfare $300/flight + baggage $680 Conference rates (Orlando, ($40) x 2 persons FL) Hotel $125/night x 2 persons $750 x 3 nights Per Diem $56/day x 2 persons x $336 (meals) 3 days Prime 4 Life Ames, IA Hotel $77/night x 2 persons $462 training x 3 nights Per Diem $46/day x 2 persons x $368 Janesville Mobilizing 4 Change 2012-13 (meals) 4 days Mileage 615 miles x $.555 $341 Local transportation Mileage 2000 miles @ $1,110 0.555/mile TOTAL $12,096 JUSTIFICATION: The grant requires travel of 2 persons to attend a new grantee meeting in Washington, DC. Transportation costs include airfare average cost as of 3/5/12 of $260 (including luggage charges) + bus transportation to airport + ground transportation in Washington DC = $231 Lodging is based on 3 nights at the Federal per diem rate (IRS Publication 1542) per agency policy for two people. Coalition Academy for three separate weeks in Iowa, mileage only at agency’s personally owned vehicle (POV) reimbursement rate. Two coalition members are to attend the State Prevention Conference usually held in WI Dells, WI. Travel estimates are based on past experience and available Federal per diem rate and agency’s personally owned vehicle (POV) reimbursement rate (.555). Two coalition members will attend the CADCA Mid-year Institute scheduled for Austin, TX; Transportation costs include airfare average cost as of 3/5/12 of $465(including luggage charges) Lodging and per diem is based on 4 nights at the Federal per diem rate (IRS Publication 1542) per agency policy for two people. Two police officers will be attending the Underage Drinking Enforcement Training Center conference (2013 location unknown). Travel expenses based on previous experience at the 2011 conference in Orlando, FL and at the Federal per diem rate. Prime 4 Life training for two Janesville School District employees as described in the Action Plan in Ames, IA. Travel expenses based on the Federal per diem rates. Local travel is needed to attend local meetings, project activities, and training events. Local travel rate is based on agency’s personally owned vehicle (POV) reimbursement rate, attributable to the Project Coordinator to attend staff meetings and to travel coalition meetings and activities. NON-FEDERAL MATCH Purpose of Travel Location Item Rate Cost Coalition meetings Hedbeg public Average of 10 miles/ meeting $.555/mile $1,998 x 24 meetings x 15 members: Library Calculations: 10*24*15*$.555 TOTAL $1,998 JUSTIFICATION: Coalition members will attend at least two coalition meetings per month for Board and committee meetings. Coalition members (15) will travel on average ten miles for each of 2 monthly meetings. Match donated by coalition members FEDERAL REQUEST $12,096 (enter in Section B column 1 line 6c of form SF424A) NON-FEDERAL MATCH $1,998 (enter in Section B column 2 line 6c of form SF424A) D. Equipment : an article of tangible, nonexpendable, personal property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit – federal definition. FEDERAL REQUEST$ 0 – (enter in Section B column 1 line 6d of form SF424A) NON-FEDERAL MATCH$ 0 – (enter in Section B column 2 line 6d of form SF424A) Janesville Mobilizing 4 Change 2012-13 E. Supplies : FEDERAL REQUEST Item(s) Rate Cost General office supplies $75/mo. x 12 mo. $900 Postage .16 x 1300 x 5 schools $1,040 Computer $1,200 Printer and Ink cartridges(5) $150 + (5*$110) $700 Copier and toner cartridges (3) $550 + (3*$150) $1,000 Projector $1,000 Printing: Coalition information 2400 brochures x $.50 $1,200 Parent Network printing 250 x $1.00 x 2 schools $500 Know The Law brochure 500 copies x $.25 $125 Good Drugs Gone Bad 500 copies x $1.00 $500 packets Rx Drop Box awareness 1000 brochures x $.50 $500 TOTAL $8,665 JUSTIFICATION: Describe need and include explanation of how costs were estimated. Office supplies is based on past experience including paper supplies, meeting supplies and small office equipment (stapler, calculator, etc.) for general operations of the project. Postage is based on approximately 1300 piece bulk mailings to parents @ two high and 3 middle schools@ $.16 each. The Project Coordinator will need a computer, printer and copier; all costs are based on previous experience of fiscal agency. Projector will be used for presentations; price quote from Quill.com. Printing: All materials are identified in the action plan; costs are based on previous experiences with local printer (Custom Copies, Inc.) NON-FEDERAL MATCH Item(s) Rate Cost Educational Materials 3000*.67 $2,000 Copies .06 x 6,667 $400 Bulk Mail permit Annual fee $190 TOTAL $2,590 JUSTIFICATION: Describe need and include explanation of how costs were estimated. Educational materials are supplied for public ATODA information from The Wisconsin Clearinghouse for Prevention Resources and local hospital and mental health providers. Copies for project activities will be additionally supplied by the City of Janesville, St. Paul’s Lutheran Church and Rock County Human Services Department. Bulk mail permit will be donated by the City of Janesville- actual cost. FEDERAL REQUEST$8,665 – (enter in Section B column 1 line 6e of form SF424A) NON-FEDERAL MATCH$ 2,590 - (enter in Section B column 2 line 6e of form SF424A) F. Contract : generally amount paid to non-employees for services or products. A consultant is a non-employee who provides advice and expertise in a specific program area. FEDERAL REQUEST (Consultant) Janesville Mobilizing 4 Change 2012-13 Name Service Rate Other Cost City of Janesville Accounting Services $75/hour x 5.559 $5,000 hrs/month x 12 months Partners in Prevention- Coalition Technical $50 x 40 hours $2,000 Rock County, Inc. Assistance TOTAL $7,000 JUSTIFICATION:Explain the need for each agreement and how they relate to the overall project. Fiscal agent accounting support for payroll, accounts payable and federal reporting. Partners in Prevention to support Goal 1 with local technical assistance and consultation in coalition building, implementation, sustainability and internal evaluation best practice, as well as joint county- wide environmental strategy efforts. FEDERAL REQUEST (Contract) Entity Product/Service Cost SJ Consulting Diversity Training $2,000 Foremost Media Website development $3,300 Tricia Clasen Evaluator $5,000 TOTAL $10,300 JUSTIFICATION: Explain the need for each agreement and how they relate to the overall project. SJ Consulting will deliver training as outlined in Action Plan. Foremost Media to develop website to ensure information dissemination goals can be met, cost based on previous experience of similar coalitions in Rock County. Tricia Clasen, Evaluator, to monitor and evaluate implementation and measure community change, $5000 (UW Rock County standard rate). NON-FEDERAL MATCH (Consultant) Name Service Rate Frequency Cost Conference attendance: Bryan New Grantee Meeting $45 32 hrs $1,296 McCormick Coalition Coalition Academy – 3 $21.36 120 hours $2,563 weeks member Coalition CADCA Midyear $21.36 40 hours $854 Institute member Coalition WI Prevention $21.36 32 hours $1,367 Conference member 2 Police UDETC $40 32 hours $2,560 officers 2 Teachers Prime 4 Life$40 40 hours $3,200 Coalition Meetings: Executive 5 members x 1 meeting $23.14 2 hours $2,777 committee x 12 months (average) Coalition 15 members x 1 $21.36 2 hours $7,690 meetings meeting x 12 months Committee 5 committees x 4 $21.36 2 hours $10,253 meetings member x 12 months Janesville Mobilizing 4 Change 2012-13 Regional Partners in Prevention- $21.36 / 2 hours /month + $1,196 meetings Southern Alliance - Chairperson 8 hours quarterly Coalition Information Dissemination activities per Action Plan: Presentations 2 members x 18 $21.36 12 x 1.5 hr $1,154 presentations presentation 6 x 2 hr training 6 x 2 hr training $ 256 Translation Translate into materials $25.00/page 100 pages $2,500 services Spanish including website 25 events -2 youth $8.00 4 hrs each event $1,600 Informational Booths 25 events – 2 adults $21.36 4 hrs each event $4,272 Trainers: Gretchen Risk & Protective $50.00 3 hours $150 Dypold factors Julia Sherman Environmental $50.00 4 hours $200 strategies Coalition Planning and Implementation activities per Action Plan: Parents Who Chad Sullivan and 4 $21.36 10 hours each school $2,136 Host Lose the coalition members – 2 2 Most high schools schools Party Patrol – 2 $40.00 8 hours per Prom $1,280 Officers for 2 Proms Easiest Place to Laurie Bartz and 4 $21.36 10 hours $1,068 Get Beer coalition members Positive Social Mike Guisleman $35.00 8 hours planning $560 Norm 4 coalition members @ $21.36 4 hrs planning $684 2 Campaign – each school 5 hrs implementing $854 high schools 7 youth @ each school $8.00 4 hrs planning $448 5 hrs implementing $560 3 Rx Drop Police Officer $40.00 2 hours/month for 12 $2,880 Boxes - sorting Pharmacist $50.00 months $3,600 Social Network Communication $21.36 2 hours/month for 12 $2,051 development committee – 4 coalition months members Town Hall Chris Ramos and 4 $21.36 10 hours planning $2,136 2 meeting – coalition members for 7 hours day of event $1,495 high schools each school S.A.D.D. – 2 25 youth at each school $8.00 1 hour/week during $14,000 high school school – 35 weeks Parent Mike Guisleman $35.00 7 hours $490 Network 3 coalition members @ $21.36 14 hours $1,794 development – each high school 2 high schools Janesville Mobilizing 4 Change 2012-13 ID Sign Carly Kjones + 4 youth $8.00 10 hours $400 installation at One coalition member $21.36 10 hours $214 alcohol retailers Life of an 2 school personnel at $25.00 20 hours $2,000 Athlete each high school (2) development TOTAL $ 82,538 JUSTIFICATION:Explain the need for each agreement and how they relate to the overall project. The estimated dollar value of all adult volunteer time for 2010 is $21.36 per hour per the Independent Sector. (http://independentsector.org/volunteer_time) Youth volunteers are valued at $8.00 per hour. All activities listed are a direct reflection of the Action Plan. Coalition members have volunteered their time as identified in the above chart and through the signed Coalition Involvement Agreements. NON-FEDERAL MATCH (Contract) Entity Product/Service Cost Contract SUB-TOTAL $0.00 JUSTIFICATION:Explain the need for each agreement and how they relate to the overall project. FEDERAL REQUEST $ 17,300 – (enter in Section B column 1 line 6f of form SF424A) (combine the total of consultant and contact) NON-FEDERAL MATCH$82,538 – (enter in Section B column 2 line 6f of form SF424A) (combine the total of consultant and contact) G. ConstructionNOT ALLOWED : – Leave Section B columns 1&2 line 6g on SF424A blank. H. Other : expenses not covered in any of the previous budget categories FEDERAL REQUEST Item Rate Cost JM4C Coalition liability Annual $1,000 insurance S.A.D.D. leadership training Ropes course, TBD $3,000 Rotary Membership Project Annual $600 Coordinator Billboard (2) $585 each $1,170 Easiest Place to Get Beer 4 Banners $125 each $500 Media Campaign Newspaper print ad – back page $1,800 Positive Social Norm 2*30 Posters @ $2.50 each $150 Campaign – 2 high schools 2*2 Banners $125 each $500 Janesville Mobilizing 4 Change 2012-13 2*500 Bookmarks $.10 each $100 2*500 student incentives @ $1.00 each $2,000 S.A.D.D. development – 2 2* $1000 adult stipend $2,000 schools 2*500 student incentives @ $1.00 each $1,000 300 window cling signs @ $5.00 each $1,500 ID Sign installation at 500 brochures x $.25 each $125 alcohol retailers 1000 fliers x $.125 each $125 Police Officer Training 2 Police Officers 6.25 $500 hrs x $40/hr Compliance checks 2 Police Officers 8 hrs x 2 checks x $40/hr $1,280 Alcohol retailers recognitions – 50 @ $15 each $750 Town Hall meeting Meeting supplies $2.50/person x 100 people $250 CADCA membership Annual $300 Conference Registrations: UDETC 2 people @ $275 each $550 CADCA Mid-year 2 persons x $555 $1,110 Registration Registration for WI $190 x 2 people $380 Prevention Conference Prime For Life 2 registrations @ $895 each $1,790 TOTAL $22,480 JUSTIFICATION: Breakdown costs into cost/unit: i.e. cost/square foot. Explain the use of each item requested. . NON-FEDERAL MATCH Item Rate Cost Office space, furnishings, $800/month x 12 months $9,600 & copier usage Telephone/Internet 12 mos. X $225 $2,700 Meeting Space: Coalition and Committee 84 meetings per action plan @$35/ meeting. $2,940 Meeting Space Coalition Activity Space 24 meetings per action plan @$35/ meeting. $840 Town Hall meeting space 2 meetings @ $250 each $150 Advertising: Banner placement 10 banners @ 1 month each @ $225 $2,250 Press releases 2 /month x 12 months x $228.78 $5,491 TOTAL $24,321 JUSTIFICATION:Breakdown costs into cost/unit: i.e. cost/square foot. Explain the use of each item requested . FEDERAL REQUEST $ 22,480 – (enter in Section B column 1 line 6h of form SF424A) NON-FEDERAL MATCH$ 24,231 – (enter in Section B column 2 line 6h of form SF424A) Janesville Mobilizing 4 Change 2012-13 Indirect cost rate: We intend to waive the indirect costs FEDERAL REQUEST0 (enter in Section B column 1 line 6j of form SF424A) $ NON-FEDERAL MATCH0 (enter in Section B column 2 line 6j of form SF424A) $ BUDGET SUMMARY: Category Federal Request Non-Federal Match Total Personnel $41,600 $9,412 $51,012 Fringe $22,859 $4,266 $27,125 Travel $12,096 $1,998 $14,094 Equipment 0 0 0 Supplies $8,665 $2,590 $11,255 Contractual $17,300 $82,538 $99,838 Other $22,480 $24,321 $46,801 Total Direct Costs* $125,000 $125,124 $250,124 Indirect Costs 0 0 0 Total Project Costs $125,000 $75,103 $250,124 * TOTAL DIRECT COSTS: FEDERAL REQUEST $125,000 – (enter in Section B column 1 line 6i of form SF424A) NON-FEDERAL MATCH$125,124 – (enter in Section B column 2 line 6i of form SF424A) Sum of Total Direct Costs and Indirect Costs TOTAL PROJECT COSTS: FEDERAL REQUEST$125,000 (enter in Section B column 1 line 6k of form SF424A) NON-FEDERAL MATCH$125,124 (enter in Section B column 2 line 6k of form SF424A) Sector Organization Name and Sector Member Specific Contribution to Coalition Role in Organization Name Youth Carly Kjornes Craig High School Senior Serves as JM4C’s Youth Chair, on the (age 18), Member of Executive Committee and as a liaison Youth 2 Youth of Rock between JM4C, Youth 2 Youth, and the County (peer-to-peer school district. Provides a youth advocacy group focused perspective and participates in youth on UAD, Rx misuse and training and youth leadership activities youth marijuana use), Serving second term as advisory board member to Fighting Against Corporate Tobacco (FACT) a state youth advocacy group Parent Desh Moeller Parent of two Janesville Brings the perspective of a Janesville teenagers and is the Vice parent to JM4C, serves on the President of Operations at communication committee, and YMCA facilitates communication between JM4C and the parents who utilize the YMCA programs Business Lori Copus Mortgage Consultant, Serves as JM4C’s Vice Chair, on the M&I Bank a division of Executive Committee, and on the Data BMO Financial Group Analysis Committee. Serves as a liaison between JM4C and the business community – specifically the local banking and real estate groups Media Laurie Huml – Vice Visionary, Local Provides media coverage of JM4C Eckert Vision TV activities and events School Mike ATODA Coordinator, Brings expertise on ATODA Guisleman Janesville School District prevention/ treatment issues, and a knowledge of current high school trends and activities regarding substance use to JM4C. Serves as liaison between JM4C and school district Youth-Serving Laurie Bartz Young Adult Librarian, Serves as JM4C’s Secretary, on the Organization Hedberg Public Library Executive Committee and on the Communication Committee. Brings knowledge of youth values, trends and other opportunities for youth leadership Law Enforcement Chad Sullivan Police Specialist, Serves as liaison between JM4C and Janesville Police Police Department. Provides expertise Department and knowledge of current community drug trends and emerging issues Sector Organization Name and Sector Member Specific Contribution to Coalition Role in Organization Name Religious or Fraternal Karl Miller Congregational President, Provides knowledge of local faith Organization St. Paul’s Lutheran community and facilitates Church, School & communication between JM4C and Daycare faith community members Civic or Volunteer Glenn Disrude President, Golden ‘K’ Recruits outside volunteers to Group Kiwanis Club participate in coalition events Healthcare Professional Ryan Assistant Director, Provides expertise on healthcare field Messinger Healthnet of Rock County and administration, serves on communication committee, and as a liaison between JM4C and Healthnet patients – non (or under) insured citizens State, Local, or Tribal Carrie City of Janesville, Alcohol Keeps JM4C up-to-date on actions Governmental Agency Kulinski License Advisory within the City of Janesville in regards with Expertise in the Committee Member to alcohol license applications, Field of Substance Abuse renewals, amendments, and City policies and ordinances regarding alcohol Other Organization Tim Perry Administrator, Crossroads Brings expertise in the areas of drug Involved in Reducing Counseling Center prevention, intervention and substance Substance Abuse abuse treatment DEPARTMENT OF PUBLIC WORKS MEMORANDUM March 2, 2012 TO: City Council FROM: John Whitcomb, Operations Director SUBJECT: Staff Presentation and Direction from Council, on Proposed Procedures for Initial Distribution and Long-Term Management of Carts Utilized for the Collection of Trash and Recyclables Summary The 2012 Sanitation Fund provides for a conversion from manual collection of trash and recyclables to automated collection utilizing wheeled carts. In previous discussions with the City Council regarding the conversion, several questions have been raised including cart size availability and how cart replacement costs will be handled. The City will have approximately 48,000 carts distributed throughout the community upon conversion to automation, at an estimated value of $2.5 million. These assets need to be properly managed, and procedures established which balance varying customer needs with the goal of minimizing inventory and operating costs associated with cart management. With this in mind, staff recommends the following procedures be established, and would like direction from the City Council relative to their implementation. City Manager Recommendation The City Manager is supportive of the recommendations, but requests City Council thoughts on any possible changes the Council would like to implement. Major Concepts/Assumptions Each residential dwelling unit will receive two carts, one for trash and one for recyclables. Each unit in a multi-unit building (4-unit maximum) will receive two carts, unless otherwise requested. All waste must be placed in carts, with lids substantially closed, in order to be serviced. Two cart sizes are planned: 95-gallon and 65-gallon. The 95-gallon cart will be the default size for both trash and recyclables and residents will be encouraged to utilize this larger cart, particularly for recyclables. A smaller cart is available through the vendor. However, staff does not recommend utilization of this size cart. Experience in other communities shows a smaller cart can be difficult to empty because waste may be “jammed” into them due to their small volume. This is a particularly important issue if the City were to develop a volume-based user fee system in the future, which would provide financial incentive for 1 residents to try to utilize the smallest container. Also, adding a third size cart makes inventory management more complex. All carts will be the same color but will have different colored lids to distinguish the cart used for trash from the cart used for recyclables. This aids in reducing cart body inventory. The lid on the cart used for recyclables will contain an in- mold color graphic with information and illustrations indicating which materials can be recycled. The lid on the cart used for trash may also contain an in-mold label with pertinent information. Carts will come with a minimum 10-year, non-prorated warranty, regardless of vendor. It is expected the carts will have a useful life of 15 or more years. User fee calculations assume the cost of the initial, city-wide cart distribution, including interest, are spread over a 15-year time period. After 15 years, the costs associated with the initial cart distribution could be removed from the user fee calculation, or could remain in the calculation to generate cart replacement capital. Consistent with current collection procedures, individuals with documented disabilities are eligible to receive alternative service provisions. Such instances are managed individually. Prior to Cart Distribution Various educational and informational venues will be utilized to alert residents of the pending change in collection method. These include a dedicated web page, a video production through JATV, media releases and public presentations. A working group comprised of citizens and City staff has been established to help develop and coordinate these activities. Likely in May, residents will be afforded an opportunity to select the 65-gallon cart for trash, recyclables or both. Residents will be notified of this opportunity via a direct mailing. It is anticipated residents will be able to make this request via the City’s website, and/or a website maintained by the City’s cart vendor for this purpose. Requests will also be managed by phone. Residents who do not request 65-gallon carts will automatically receive the 95-gallon carts. Owners of multi-unit buildings will be encouraged to contact City staff to coordinate the delivery of fewer than two carts per unit if desired. Initial Cart Distribution and Tracking Cart distribution will be completed over an approximate 6-week period by the vendor selected to supply the City’s carts. Each cart has a unique serial number and unique RFID (electronic) tag which will both be linked to the address of the parcel receiving the cart. An electronic database containing this information will be maintained to assist in managing cart warranty claims. Handheld RFID tag readers will be utilized to maintain this database, and staff is evaluating the 2 merits of installing RFID readers on collection vehicles. The on-route information collected with these units would provide useful information, particularly in regards to recycling participation rates. The on-route information can also be used to alert staff if a cart is moved from its assigned address. Cart Size Change Requests – “Grace Period” After Initial Distribution After initial distribution of the carts is complete, staff recommends residents utilize their carts for a period of one month before requests for cart size changes are accepted. Experience in other communities shows residents become comfortable with the cart they are using after a few collection events, which will reduce the number of requests from residents to subsequently change cart size. This is particularly important in encouraging the use of the 95-gallon carts. After the first month of city-wide implementation, residents could begin to request changes in cart size. Staff is recommending a four week “grace period” whereby such requests would be accommodated at no additional cost to the resident. Beyond this four week “grace period”, and for residents who requested a 65- gallon cart prior to initial distribution by the vendor and who subsequently wish to change to the 95-gallon cart, staff is recommending residents be charged a service fee whenever changing cart sizes. The proposed service fee is discussed further, below. General Procedures With one exception (noted below) carts remain the property of the City of Janesville and must remain at the parcel to which they were distributed. The following would be included as a base level of service and incorporated into the calculation of the quarterly user fee as provided by City Ordinance 8.64:  Warranty claims. Carts have a 10-year, non-prorated warranty period covering all aspects of the cart.  Carts distributed to residential units which are not newly constructed and which did not receive a cart during the initial distribution in 2012 (vacant homes).  Additional carts for recyclables. Residents must first be utilizing a 95-gallon cart to be eligible for a o second cart. Residents would be charged a $15.00 service fee for the following:  Changing cart sizes after the initial “grace period”.  Replacement of a stolen cart provided the resident first completes an incident report with the Police Department.  If a resident moves into an existing dwelling unit that was provided a cart and the cart has been removed. 3  Residents could avoid being charged the service fee by dropping off and/or picking up carts at the City Services Center. Residents would be charged the prorated purchase cost of a cart, plus a $15.00 service fee, for the following:  Provision of a cart to a residential dwelling unit constructed after the initial cart distribution in 2012. This is proposed because newly constructed units will not have o paid, through the user fee, the full cost of carts initially distributed in 2012. For example, if a new home is constructed and occupied in 2015 o the resident would be charged 20% of the cost of a new cart (2015 – 2012 = 3 years / 15 year cost recovery = 20%  The proration period includes only the first 15 years after the initial cart distribution in 2012, consistent with the timeframe for recovery of costs associated with that initial cart distribution.  Residents could avoid being charged the service fee by picking up carts at the City Services Center. Residents would be charged the full purchase cost of a cart plus a $15.00 service fee, for the following:  Replacement of a stolen cart if the resident is unwilling to complete an incident report with the Police Department.  Replacement of a cart with a non-serviceable body after the warranty has expired, unless the body was made non-serviceable as a result of negligent actions by City collection personnel. A non-serviceable cart body is one which is cracked and/or in a condition which does not allow it to be safely lifted by the collection vehicle’s automated arm  Additional carts for trash collection. Residents must first be utilizing a 96-gallon cart to be eligible for a o second cart. Additional trash collection carts purchased by a resident remain the o property of the resident. Cost for any post-warranty repair parts for such carts, plus any service fees, would charged to the resident  Residents could avoid the $15.00 service fee by dropping off and/or picking up carts at the City Services Center. 4 DEPARTMENT OF PUBLIC WORKS MEMORANDUM March 2, 2012 TO: City Council FROM: John Whitcomb, Operations Director SUBJECT: Introduction and Schedule a Public Hearing On a Proposed Ordinance Amending the City’s Solid Waste Ordinance to Ban Asphalt Roof Shingles from Landfill Disposal and to Incorporate Provisions Associated with the Automated Collection of Trash and Recyclables (File Ordinance 2012- 512) Summary File Ordinance 2012-512 amends Janesville General Ordinance 8.64 (Solid Waste and Recycling). Specifically, the proposed Ordinance bans the disposal of asphalt roof shingles from the City’s landfill (effective July 1, 2012), and incorporates provisions necessary to reflect the City’s transition from manual to automated collection of trash and recyclables. Both changes are consistent with provision of the 2012 Sanitation Fund budget and prior City Council direction. Background Ban on Disposal of Asphalt Roof Shingles The 2012 Sanitation Fund budget provides for a ban on the disposal of asphalt roof shingles at the City’s sanitary landfill. Staff is proposing a July 1, 2012 implementation date, which provides time to inform customers and residents. Those wanting to dispose of shingles would be directed to local outlets for recycling, as is currently done with electronic and certain other wastes. For budget purposes, staff estimated 2,000 tons of asphalt shingles would be diverted from landfill, resulting in a net loss of landfill revenue of approximately $42,000. The net revenue loss will likely be less than this amount, given the proposed July 1 implementation. Provisions Associated with the Conversion to Automated Collection of Trash and Recyclables Also included in the 2012 Sanitation Fund budget are provisions for conversion from manual to automated collection of trash and recyclables. Several ordinance amendments are required to reflect the change in collection method, primarily dealing with collection cart use:  Changes cover residential dwelling units and non-residential facilities and properties (businesses). Consistent with current practice, non-residential facilities are limited to a o maximum of one 95-gallon trash cart per collection event. The City currently services approximately 200 non-residential facilities and has a maximum limit of 90-gallons of waste. Non-residential facilities would also be eligible to receive collection service o for recyclables, up to a maximum of two 95-gallon carts unless otherwise approved. The City does not currently offer recycling service at these facilities.  More specific provisions are included for the proper placement of collection carts to ensure they can be serviced. This includes distinctions for paved and unpaved streets with and without curb and gutter.  A requirement for utilization of a cart specified and/or provided by the City in order to receive collection service. Recommendation It is recommended that, following the first reading, Ordinance 2012-512 be scheduled for public hearing and final action at the March 26, 2012 regular City Council meeting. ORDINANCE NO. 2012-512 An ordinance amending Chapter 8.64 Solid Waste and Recycling, Section Directory; Subsection I, Sections 8.64.020, 8.54.080 and 8.64.090; Subsection II, Section 8.64.120 (C); Subsection III, Sections 8.64.200, 8.64.210, and 8.64.220; and Subsection IV, Section 8.64.310 (A). THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Chapter 8.64 Section Directory of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: CHAPTER 8.64 SOLID WASTE AND RECYCLING Sections: SUBSECTION I 8.64.010 Purpose 8.64.020 Statutory Authority 8.64.030 Abrogation and Greater Restrictions 8.64.040 Interpretations 8.64.050 Severability 8.64.060 Applicability 8.64.070 Administration 8.64.080 Effective Date 8.64.090 Definitions SUBSECTION II 8.64.100 Sanitary and Demolition Landfills 8.64.110 Use--Required 8.64.120 Use--Restrictions 8.64.130 Regulations 8.64.140 Removal of Objects--Permission Required 8.64.150 Fee Schedule 8.64.160 Waste Weights--Method of Computing 8.64.170 Commercial Hauling--Permit Required 8.64.180 Covered Loads--Required 8.64.190 Violation -- Penalty -- Subsection II SUBSECTION III 8.64.200 Residential Solid Waste and Recyclables Collection And Certain Commercial Non-Dumpster Solid Waste Collection Collection of Solid Waste and Recyclables Generated at Residential Properties and at Certain Non-Residential Facilities and Properties 8.64.210 Location, and Times and Volumes 8.64.220 Containers Collection Carts 8.64.230 Non-City Waste and Recyclables Prohibited 8.64.240 Ownership of Materials 8.64.250 Violations -- Penalty -- Subsection III SUBSECTION IV 8.64.300 Mandatory Recycling Program 8.64.310 Separation of Recyclable Materials 8.64.320 Separation Requirements Exempted 8.64.330 Care of Separated Recyclable Materials 8.64.340 Responsibilities of Owners or Agents of Multiple-Family Dwellings and Non-Residential Facilities and Properties 8.64.350 Prohibition on Disposal of Recyclable Materials Separated for Recycling 8.64.360 Enforcement 8.64.370 Violations -- Penalties -- Subsection IV SUBSECTION V 8.64.500 Solid Waste Collection and Disposal Fee 8.64.510 Creation 8.64.520 Income and Revenue 8.64.530 Eligible Customer Classification 8.64.540 Rates and Charges 8.64.550 Billing 8.64.560 Payment of Charge; Lien; Penalty 8.64.570 Conflict with Other Ordinances, Laws 8.64.580 Penalty – Subsection V SECTION II. Section 8.64.080 is deleted and Sections 8.64.020 and 8.64.090 of the Code of general Ordinances of the City of Janesville are hereby amended to read as follows: 8.64.020 STATUTORY AUTHORITY . Portions of this ordinance dealing with recycling are adopted under the authority vested in cities under Section 159.09(3)(b) 289, Wis. Stats., as from time to time amended, recreated or otherwise modified. 8.64.080 EFFECTIVE DATE . The provisions of this amended chapter shall take effect on 12:01 o'clock A.M. on January 1, 1995. 8.64.090 DEFINITIONS . As used in this Chapter: A.“Asphalt Roof Shingle” A roof shingle made of felt impregnated with asphalt and covered with mineral granules. A.B. Bi-metal container “” A container for carbonated or malt beverage that is made primarily of a combination of steel and aluminum. B.C.Bulky Waste “” Discarded articles of such size as are not normally collected with residential or commercial waste including, but not limited to, appliances, furniture, plumbing fixtures, windows and doors. C.D.City “” City of Janesville. E“Collection Cart” . A wheeled cart issued by the City to each customer eligible for collection of solid waste and recyclables which must be utilized by the customer in order to receive collection service provided by the City. D.F. County “” Rock County. E.GDemolition Waste . “” Waste resulting from building construction or demolition, alteration or repair including excavated material, remodeling and other waste such as concrete, stone, asphalt, sod, earth, dirt and brick. F.H.Department “” The City of Janesville Department of Public Works. G.I.DNR “” Department of Natural Resources. H.J. Dwelling Unit “” Means a room or group of rooms including cooking accommodations, occupied by one family, and in which not more than two persons, other than members of the family, are lodged or boarded for compensation at any one time. I.KEffective recycling program . “” Has the meaning specified in NR544 Wisconsin Administrative Code, as from time to time amended. J.L. Electronic Waste “” Has the meaning specified in s. 287.07(5), Wis. Stats., as from time to time amended or renumbered, and includes, but is not limited to, televisions, computers, desktop printers, computer monitors, other computer accessories (including mice, keyboards, speakers, external hard drives, and flash drives), DVD players, VCRs and other video players, fax machines, and cell phones. K.M. Eligible Customer “” Owner(s) of Real Property enumerated and described in 8.64.530, as from time to time amended or renumbered. The Solid Waste Collection and Disposal Fee shall be charged against and imposed upon the Real Property or Eligible Customers, as set forth in 8.64.530. L.N.Foam polystyrene packaging “” Packaging made primarily from foam polystyrene that satisfies one of the following criteria: (a) Is designed for serving food or beverages. (b) Consists of loose particles intended to fill space and cushion the packaged article in a shipping container. (c) Consists of rigid materials shaped to hold and cushion the packaged article in a shipping container. M.O.HDPE “” High density polyethylene, labeled by the SPI code #2. N.PHazardous or Toxic Wastes . “” Waste material or substances which during normal storage or handling may be a potential cause of harm, including but not limited to pharmaceutical materials, corrosive chemicals, poisonous or pathogenic substances, pesticide chemicals, radioactive materials, toxic materials and all other similar harmful substances whether in solid, liquid or gaseous form. O.QLDPE . “” Low density polyethylene, labeled by the SPI code #4. P.RMagazines . “” Magazines and other materials printed on similar paper. Q.S.Major appliance “” A residential or commercial air conditioner, clothes dryer, clothes washer, dehumidifiers, dishwasher, freezer, microwave oven, oven, refrigerator, stove, furnace, boiler and water heater. R.TMotor oil . “” An engine oil that is unmixed with any other substance which can no longer be used for its intended purpose. S.U.Multiple-family dwelling “” A property containing five (5) or more residential units including, but not limited to, those which are occupied seasonally. T.VNewspaper . “” A newspaper and other materials printed on newsprint. U.WNon-residential facilities and properties . “” Commercial, retail, industrial, institutional and governmental facilities and properties. This term does not include multiple family dwellings. V.XOffice paper . “” High grade printing and writing papers from offices in non- residential facilities and properties. W.Y.Oil Filter and Oil Absorbing Material “” Used oil filters and oil absorbents originating at non-residential facilities. X.ZOther resins or multiple resins . “” Plastic resins labeled by the SPI code #7. Y.AAPerson . “” Any individual, natural or artificial including, but not limited to, any firm, company, municipal or private corporation, association, society, institution, enterprise, joint venture, partnership, limited liability company, governmental agency, governmental unit, or other entity howsoever comprised or constituted. Z.BBPETE . “” Polyethylene terephthalate, labeled by the SPI code #1. AA.CCPlastic container .“” An individual, separate, rigid plastic bottle, can, jar or carton, except for a blister pack, that is originally used to contain a product that is the subject of a retail sale. BB.DDPost-consumer waste .“” Solid waste other than solid waste generated in the production of goods, hazardous waste, as defined currently in s. 144.61(5), Wis. Stats., waste from construction and demolition of structures, scrap automobiles, or high-volume industrial waste, as defined currently in s. 144.44(7)(a)1., Wis. Stats. CC.EEPP .“” Polypropylene, labeled by the SPI code #5. DD.FFPS .“” Polystyrene, labeled by the SPI code #6. EE.GGPVC .“” Polyvinyl chloride, labeled by the SPI code #3. FF.HHRecyclable materials .“” Lead acid batteries; major appliances; waste oil; yard waste; aluminum containers; corrugated paper or other container board; foam polystyrene packaging; glass containers; magazines; newspaper; office paper; rigid plastic containers, including those made of PETE, HDPE, PVC, LDPE, PP, PS, and other resins or multiple resins; steel containers; waste tires; and bi-metal containers. GG.II.Residential Property “” Means a lot or parcel of land developed exclusively for residential purposes, including single-family units, duplexes, and multi-family buildings containing up to four separate units. The term includes condominiums and manufactured homes. HH.JJ.Responsible Unit “” Has the meaning specified in s. 159.09 Wis. Stats. II.KK.Solid Waste “” Has the meaning specified in s. 144.01(15), Wis. Stats. JJ.LL.Solid Waste Disposal Facility “” Has the meaning specified in s. 144.43(5), Wis. Stats. KK.MMSolid Waste Treatment .“” Any method, technique or process which is designed to change the physical, chemical or biological character or composition of solid waste. "Treatment" includes incineration. LL.NNWaste tire .“” A tire that is no longer suitable for its original purpose because of wear, damage or defect. MM.OOYard waste .“” Leaves, grass clippings, yard and garden debris, brush, and clean woody vegetative material no greater than 6 inches diameter. This term does not include stumps, roots or shrubs with intact root balls. SECTION III. Section 8.64.120 (C) of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: 8.64.120 USE--RESTRICTIONS. C. The following wastes and materials are prohibited from disposal, placement or deposit at, upon or into any City Sanitary or Demolition Landfill by any person at any time: 1 . Lead-acid batteries 2 . Major appliances 3 . Motor oil, oil filters or oil absorbent materials 4. Toxic or hazardous wastes 5. Waste tires 6. Yard wastes 7. Materials listed in Section 8.64.310, unless those materials come from a responsible unit having an effective recycling program approved by DNR. 8. Concrete, reinforced concrete, bituminous concrete, broken pavement, shall not be disposed of in the sanitary landfill, but may be disposed of at the demolition landfill. 9. Electronic wastes 10. Effective July 1, 2012, asphalt roof shingles SECTION IV. Section 8.64.200, Section 8.64.210, and Section 8.64.220 of the Code of General Ordinances of the City of Janesville are hereby amended to read as follows: 8.64.200 RESIDENTIAL SOLID WASTE AND RECYCLABLES COLLECTION AND CERTAIN COMMERCIAL NON-DUMPSTER SOLID WASTE COLLECTIONCOLLECTION OF SOLID WASTE AND RECYCLABLES . GENERATED AT RESIDENTIAL PROPERTIES AND AT CERTAIN NON- RESIDENTIAL FACILITIES AND PROPERTIES The following provisions shall apply to residential solid waste and recyclables collection and certain commercial non-dumpster solid waste collection in the City. collection, by the City, of solid waste and recyclables at all residential properties and certain non-residential facilities and properties 8.64.210 LOCATION, AND TIMES AND VOLUMES. A . Solid wastes and recyclables placed for collection shall be placed near the curb at the street unless other specific authorization from the Director of Public Works is obtained. Collection carts containing solid waste and recyclables shall be placed for collection in the following manner, unless otherwise authorized by the Director of Public Works: 1.On streets having curb and gutter, collection carts shall be placed so the front of the collection cart faces the street and so the cart is immediately adjacent to the curb and gutter, including carts placed in driveway openings. Collection carts may also be placed within the curb line of the street provided such placement does not obstruct normal vehicular traffic. 2.On paved streets without curb and gutter, collection carts shall be placed so the front of the collection cart faces the street so the cart is immediately adjacent to the edge of pavement. Collection carts may also be placed on the edge of pavement provided such placement does not obstruct normal vehicular traffic. 3.On unpaved streets without curb and gutter, collection carts shall be placed so the front of the container faces the street and so the cart is immediately adjacent to future planned placement of curb and gutter, including carts placed in existing and/or planned future driveway openings. B. Solid wastes and recyclables shall be placed at the street not earlier than twenty- four (24) hours prior to the day of scheduled collection but before seven (7:00) o'clock a.m. on the day of collection. C . Commercial non-dumpster solid wastes may be placed at the curb by Janesville businesses for collection by the City for disposal at the landfill on that business’ customary trash collection day each week. Commercial non-dumpster solid waste deposited by a business at the curb one day each week shall not exceed ninety (90) gallons -- approximately three (3) thirty gallon normal trash containers -- in volume in any week or curbside placement for any one business, lot or site. Solid waste placed at curbside in conformity with this ordinance shall be removed by the City. All residential properties and certain non-residential facilities and properties are eligible to receive collection service from the City at a frequency determined by the City. Non-residential facilities and properties must request collection service and must be approved by the City prior to receiving collection service. Solid waste placed for collection by non-residential facilities and properties shall not exceed the capacity of one, 95-gallon collection cart in aggregate per scheduled collection event. Recyclable materials placed for collection at non-residential facilities and properties shall not exceed the capacity of two, 95-gallon collection carts in aggregate per scheduled collection event without prior approval from the City. D. Public and private trash and recyclable collection and hauling may only occur between 6:00 o’clock A.M. and 9:00 o’clock P.M. in residentially zoned districts (R1, R1D, R2, R3M, R3, R4) within the City. 8.64.220 CONTAINERSCOLLECTION CARTS . A. Solid waste containers larger than thirty five (35) gallons shall not be collected or emptied by the City, nor shall any person place any such larger container at the street. All residential properties and non-residential facilities and properties receiving service from the City for the collection of solid waste and recyclables shall utilize collection carts specified and/or provided by the City. B . The following shall apply to recyclables containers: Solid waste and recyclables must be fully contained within the collection carts specified and/or provided by the City, with the cart lid closed, in order to be collected. Solid waste and recyclables placed outside of the collection cart shall not be collected. 1 . At a minimum, recyclables placed for collection must be contained within, next to or under the City-designated recycling container, as designated from time to time by the Director of Public Works. 2 . Additional bins can be used for recyclables collection only if each of the following are observed: a . it is hard-sided metal or plastic b . it is less than twenty gallons in size c . it has attached, effective and adequate carrying handles. C . Single items, or containers containing solid waste or recyclables, weighing more than fifty (50) pounds shall not be collected or emptied by the City, nor shall any person place any such larger container at the street. DC . All recyclables and solid waste containers collection carts shall be removed from the street right-of-way after collection by the City on the day of collection. SECTION V. Section 8.64.310 (A) of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: 8.64.310 SEPARATION OF RECYCLABLE MATERIALS . A . Occupants of single family and two-to-four-unit residences, multiple family dwellings and non-residential facilities and properties shall separate the following materials from post-consumer waste prior to deposit in any City Landfill and prior to deposit or placement at curbside for collection: 1 . Lead-acid batteries; 2. Major appliances; 3 . Motor oil; 4. Yard waste; 5. Aluminum containers; 6. Bi-metal containers; 7. Corrugated paper and other container board; 8 . Foam polystyrene packaging; 9 . Glass containers; 10. Magazines; 11 . Newspapers; 12 . Office papers; 13 . Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS and other resins or multiple resins; 14. Steel containers; 15. Waste tires. 16. Electronic waste 17. Asphalt roof shingles SECTION II. These amendments, unless otherwise indicated, shall become effective October 1, 2012, the public interest, welfare, benefit and good so requiring, and the Common Council so finding. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Dongarra-Adams Liebert Eric J. Levitt, City Manager McDonald Rashkin Steeber ATTEST: Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: City Attorney Wald Klimczyk Proposed by: John Whitcomb, Operations Director Prepared by: John Whitcomb, Operations Director