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Full Agenda Packet CITY OF JANESVILLE CITY COUNCIL MEETING AGENDA MONDAY, April 9, 2012 7:00 P.M. 1. Call to Order and Pledge of Allegiance. 2. Roll Call. 3. Minutes of the City Council meetings: A. Regular meeting of March 26, 2012. B. Special meeting of March 26, 2012. “C” 4. Licenses; and Recommendations of the Alcohol License Advisory Committee. (Refer to separate agenda.) “C” 5. Action on a financial gain request by All Season Runner for a run/walk to benefit the Chasing Chad Foundation to be held on July 25,2012 at Monterey Park. “C” 6. Action on a financial gain request by Rock Communities Youth Network for a run/walk to be held on June 2, 2012 at Riverside Park. “C” 7. Action on a proposed resolution recognizing Thomas P. McDonald for his loyal and conscientious service to the City of Janesville as a City Councilmember. (File Res. No. 2011-903) 8. Action on a proposed resolution recognizing Yuri D. Rashkin for his loyal and conscientious service to the City of Janesville as a City Councilmember. (File Res. No. 2012-904) OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. 2. Public hearing and action on a proposed final resolution for assessable sewer, water, and laterals. (File Res. No. 2012-901) 3. Public hearing and action on a proposed final resolution for assessable street construction (extend Sandhill Drive). (File Res. No. 2012-902) 4. Award of contracts 2012-10 (Riverside Park Storage building) and 2012-11 (sewer and water) for Public Works Bid Schedule “C” – 2012. ----------------------- “C” – This designation indicates an item that the City Council will take up under a Consent Agenda. City Council Agenda – April 9, 2012 Page 2 NEW BUSINESS 1. Action on a proposed resolution authorizing the acquisition of a sanitary sewer easement on property located at 2100 North Washington Street and 2160 Golf Course Road. (File Res. No. 2012- 898) 2. Action on a proposed resolution authorizing the City Manager to sign a contract with Generac Power Systems, Inc. and the City of Whitewater to provide transit bus service between the cities of Janesville, Milton and Whitewater. (File Res. No. 2012-899) 3. Action on a proposed resolution approving a revision to the 2012 Transit System Budget. (File Res. No. 2012-900) 4. Action on a proposed resolution authorizing the City Manager to sign a TIF Development Agreement with Helgesen Development Corporation on behalf of Miniature Precision Components. (File Res. No. 2012-891) 5. Consideration, deliberation, and action upon a recommendation of the Alcohol License Advisory Committee to suspend live entertainment for 120 days at The Back Bar LLC (d/b/a The Back Bar) Class B alcohol licensed premises: 1901 Beloit Avenue. 6. Schedule time for City Council organizational meeting of April 17, 2012. 7. Introduce and schedule a public hearing on a proposed ordinance revising the regular bus fare rates to establish fares for Janesville-Milton-Whitewater commuter bus service. (File Ord. No. 2012-516) 8. Requests and comments from the public on matters which can be affected by Council action. 9. Matters not on the Agenda. 10. 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 MARCH 26, 2012 VOL. 62 NO. 35 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on March 26, 2012. The meeting was called to order by Council President Steeber at 7:00 PM. Present: Council President Steeber and Councilmembers Liebert, McDonald, Rashkin, and Voskuil. Absent: Councilmember Dongarra-Adams. CONSENT AGENDA Regular City Council meeting minutes of March 12, 2012. Licenses; and Recommendations of the Alcohol License Advisory Committee. (Refer to separate agenda.) Financial statement for the month of January and February, 2012. Authorization for the Administration to Deny a Claim for Excessive Assessment from William H. Hesser, Jr. in the amount of $10,631.01. Authorization for the Administration to Deny a Claim for Excessive Assessment from Hesser Revocable Trust in the amount of $5,058.69. Authorization for the Administration to Deny a Claim for Excessive Assessment from Hesser Real Estate Holdings LLC in the amount of $46,666.24. Authorization for the Administration to Deny a Claim for Excessive Assessment from Grand Valley Hospitality LLC in the amount of $27,986.00. Authorization for the Administration to Deny a Claim for Excessive Assessment from Janesville Exchange Project in the amount of $16,641.00. Authorization for the Administration to Deny a Claim for Excessive Assessment from Sears Holding Corporation in the amount of $43,088.00. Authorization for the Administration to Deny a Claim for Excessive Assessment from Target Corporation in the amount of $30,968.00. Council President removed the Hammy’s Roadside Bar alcohol license amendment for expansion of outdoor seating from the consent agenda. He stated that all other items on the consent agenda would be approved if there were no objections. There were none. Councilmember Voskuil moved to approve outdoor music from 2 PM to 6 PM at Hammy’s Roadside Bar from Memorial Day until Labor Day on Saturdays during 2012 with audio speakers facing north, seconded by Councilmember Liebert and passed unanimously. OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. Dean Paynter, representing the Rock Trail Coalition, spoke in favor of the resolution supporting the Beloit-Janesville Peace Trail (NB #2). Andreah Briarmoon, 339 S. Locust St., spoke against denying the claims for excessive assessment (Consent Agenda). 2. 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 received its second reading and public hearing. Andreah Briarmoon, 339 S. Locust St., 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. 2012-512) NEW BUSINESS 1. Update on Janesville-Milton-Whitewater Commuter Bus Service. Dave Mumma, Transit Director provided an update on the commuter bus service. Mr. Mumma indicated that the Transit Department would begin a commuter service to Whitewater and the costs of $128,310 would be covered by federal and state grants ($68,005), Generac Power Systems and the City of Whitewater ($41,058) and fares ($19,247) resulting in no City taxpayer subsidy. No Council action was taken. 2. Action on a proposed resolution recognizing the City of Janesville’s support for the Beloit- Janesville Peace Trail. Councilmember McDonald moved to adopt said resolution, seconded by Councilmember Liebert and passed unanimously. (File Res. No. 2012-895) 3. Action on proposed preliminary resolution for assessable sewer, water, and laterals and schedule a public hearing for the final resolution. Councilmember Rashkin moved to adopt said resolution and schedule a public hearing for Monday, April 9, 2012, seconded by Councilmember Voskuil and passed unanimously. (File Res. No. 2012-896) 4. Action on proposed preliminary resolution for assessable street construction (extend Sandhill Dr.) and schedule a public hearing for the final resolution. Councilmember Rashkin moved to adopt said resolution and schedule a public hearing for Monday, April 9, 2012, seconded by Councilmember Voskuil and passed unanimously. (File Res. No. 2012-897) 5. A proposed ordinance detaching a portion of 3601 S. River Rd. located between the Rock River and S. River Rd. was introduced and scheduled for a public hearing on Monday, May 14, 2012. (File Ord. No. 2012-513) 6. A proposed ordinance annexing property adjoining U.S. Highway 51 east of the Southern Wisconsin Regional Airport was introduced and scheduled for a public hearing on Monday, May 14, 2012. (File Ord. No. 2012-514) 7. A public hearing on a proposed ordinance zoning property adjoining U.S. Highway 51 located east of the Southern Wisconsin Regional Airport to M1 upon annexation was introduced, referred to the Plan Commission and scheduled for a public hearing on Monday, May 14, 2012. (File Ord. No. 2012-515) 8. Requests and comments from the public on matters which can be affected by Council action. Andreah Briarmoon, 339 S. Locust St., stated that sanitation fees should be ended in October, 2017; the City could list properties for sale on the Realtor MLS site, and spoke against TIF development loans. 9. Matters not on the Agenda. Councilmember Liebert spoke about the killing of Trayvon Martin and stated that there will be a candlelight vigil at Lower Courthouse Park at 7:30 on March 30, 2012. Councilmember McDonald reminded citizens that there is an election on April 3, 2012 and thanked Council Candidates Jim Farrell, Angela Smillie and Matt Kealy for coming to the meetings. Councilmember Rashkin congratulated the individuals that were recognized at the Janesville Police Department awards ceremony. He also stated that a candidate for President is coming to Janesville on March 27, 2012 and stated that a protest of the candidate is appropriate as long as it is respectful. 10. Motion to adjourn. Councilmember Rashkin moved to adjourn, seconded by Councilmember McDonald and passed unanimously. There being no further business, Council adjourned at 8:09 p.m. These minutes are not official until approved by the City Council. David T. Godek Deputy Clerk-Treasurer PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN SPECIAL MEETING MARCH 26, 2012 VOL. 62 NO. 34 Special meeting of the City Council of the City of Janesville held in the Municipal Building on March 26, 2012. The meeting was called to order by Council President Steeber at 6:30 PM. Present: Council President Steeber and Councilmembers Liebert, Rashkin, and Voskuil. Absent: Councilmembers Dongarra-Adams and McDonald. Councilmember Rashkin moved to convene into closed session, pursuant to Wisconsin Statute Section 19.85 (1) (g) for the purpose of deliberating and conferring with legal counsel concerning litigation in which the City is likely to become involved relating to the claims for excessive assessment of William H. Hesser, Jr. for 2009 Milton Avenue, Hesser Revocable Trust for 2436 Oak Brook Court, Hesser Real Estate Holdings LLC for 1811 Humes Road, Grand Valley Hospitality LLC for 2400 Fulton Street, Janesville Exchange Project for 1106 Humes Road, Sears Holdings Corporation for 2500 Milton Avenue, and Target Corporation for 2017 Humes Road. The motion was seconded by Councilmember Voskuil and passed unanimiously. There being no further business, Council convened into closed session at 6:32 p.m. These minutes are not official until approved by the City Council. David T. Godek Deputy Clerk-Treasurer JANESVILLE CITY COUNCIL LICENSE AGENDA 4/9/2012 RECOMMENDED A. ELECTRICIAN–ORIGINAL James P. Rivest 5635 Town Hall Dr., Sun Prairie, WI LEISURE SERVICES DEPARTMENT MEMORANDUM March 28, 2012 TO: City Council FROM: Shelley Slapak, Acting Recreation Director SUBJECT: Action on a Financial Gain Request from All Season Runner Introduction All Season Runner has submitted an application requesting approval of a run/walk to benefit the Chasing Chad Foundation which raises money for brain cancer research. The event is to be conducted on a route beginning and ending in Monterey Park. The planned route will utilize City streets and the bike trail. The event is scheduled to take place on Wednesday, July 25, 2012, and is titled “Sundown Dash 5K & 1 Mile Fun Run”. According to Chapter 12.62, in section 12.62.02 of the Janesville Municipal Code, the City Council must approve all first time special event applications involving financial gain. Attached is a copy of the application and route map, and other supporting documents. Background All Season Runner has provided the Leisure Services Department with a completed application, a map of the run route, recycling plan and applicable event fees. The route has been pre-approved by the Police Department. A certificate of liability insurance will be turned in prior to the event. Staff Recommendation Leisure Services has reviewed this application, and staff recommends that the City Council approve the request from All Season Runner to conduct a run at Monterey Park with proceeds benefitting the Chasing Chad Foundation. City Manager’s Recommendation The City Manager recommends approval. Suggested Motion I move to approve the financial gain request from All Season Runner to conduct the Sundown Dash run fundraiser. Please contact me if you have questions or concerns regarding this event. Attachments cc: Eric Levitt, City Manager Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services 1 LEISURE SERVICES DEPARTMENT MEMORANDUM March 29, 2012 TO: City Council FROM: Shelley Slapak, Acting Recreation Director SUBJECT: Action on a Financial Gain Request from Rock Communities Youth Network Introduction Rock Communities Youth Network, a non-profit organization has submitted an application requesting approval of a run/walk to benefit their cause. The event is to be conducted on a route beginning and ending in Riverside Park. The planned route will remain in Riverside Park, and there is no request for road closure. The event is scheduled to take place on Saturday, June 2, 2012, and is titled “Rock Communities Youth Network Fun Run”. According to Chapter 12.62, in section 12.62.02 of the Janesville Municipal Code, the City Council must approve all first time special event applications involving financial gain. Attached is a copy of the application, run/walk route map, and other supporting documents. Background Rock Communities Youth Network has provided the Leisure Services Department with a completed application, a map of the run/walk route, recycling plan and paid event fees. A certificate of liability insurance will be provided upon approval of this event. Staff Recommendation Leisure Services has reviewed this application, and staff recommends that the City Council approve the request from Rock Communities Youth Network to conduct a fun run fundraiser for their organization. City Manager’s Recommendation The City Manager recommends approval. Suggested Motion I move to approve the financial gain request from Rock Communities Youth Network to conduct the “Rock Communities Youth Network Fun Run” fundraiser in Riverside Park. Please contact me if you have questions or concerns regarding this event. Attachments cc: Eric Levitt, City Manager Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services 1 CITY MANAGER’S OFFICE MEMORANDUM April 4, 2012 TO: City Council FROM: Rebecca Smith, Management Assistant SUBJECT: Action on a proposed resolution recognizing Thomas P. McDonald for his loyal and conscientious service to the City of Janesville as a City Councilmember (File Resolution No. 2012-903) and Action on a proposed resolution recognizing Yuri D. Rashkin for his loyal and conscientious service to the City of Janesville as a City Councilmember (File Resolution No. 2011-904) Request At the conclusion of the Council meeting on April 9, 2012, Councilmember Tom McDonald and Council Vice President Yuri Rashkin will complete their terms as members of the City Council of the City of Janesville. Accordingly, file resolutions have been prepared in recognition of their loyal and conscientious service to the City of Janesville. Recommendation Staff recommends the adoption of File Resolutions 2012-903 and 2012-904. Suggested Motions I move to approve file resolution 2012-903 to recognize Thomas P. McDonald for his loyal and conscientious service to the City of Janesville as a City Councilmember. I move to approve file resolution 2012-904 to recognize Yuri D. Rashkin for his loyal and conscientious service to the City of Janesville as a City Councilmember. Background The City Manager and staff would like to thank Councilmember McDonald and Council Vice President Rashkin for their years of service.  Councilmember McDonald served on the site visit council committee to visit City Manager Levitt in Arizona;  Councilmember McDonald served on the first Sustainable Janesville Committee  Councilmember McDonald worked hard to maintain fiscal conservatism on the Council  Councilmember McDonald served on the Council that approved the Wastewater Plant Renovation; and  Councilmember McDonald served on the Council when the Comprehensive Plan was amended and adopted.  Councilmember McDonald served on several committees, including Alcohol License Advisory Committee, Community Development Authority, Plan Commission and Transportation Committee.  Council Vice President Rashkin served on the staff and council committee to redesign the city website;  Council Vice President Rashkin served on the Council when the Comprehensive Plan was amended and adopted;  Council Vice President Rashkin served on the Council when the Treatment Plant Renovation was approved and completed; and  Council Vice President Rashkin served on several committees, including the Alcohol License Advisory Committee, Community Development Authority and Cable Advisory Committee. RESOLUTION NO. 2012-903 A resolution recognizing Thomas P. McDonald for his loyal and conscientious service to the City of Janesville as a City Councilmember. WHEREAS, Thomas P. McDonald served the City of Janesville from 2008 to 2012 as a Member of the City Council; and WHEREAS, during his term of office, Councilman McDonald served as a member of various boards, committees, and commissions in the City; and WHEREAS, Mr. McDonald’s deep concern for the community, its citizens and their welfare has characterized his tenure in office throughout; and WHEREAS, Mr. McDonald has always performed the duties of a member of the City Council with an exemplary level of dedication, honesty, and integrity; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Janesville presents this commendation to Thomas P. McDonald in sincere appreciation for his loyal and conscientious service to the City of Janesville. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent _____ Dongarra- Eric Levitt, City Manager Adams Liebert ATTEST: McDonald Rashkin _____ Steeber Jean Ann Wulf, City Clerk-Treasurer Voskuil APPROVED AS TO FORM: ______ Wald Klimczyk, City Attorney Proposed by: City Manager’s Office Prepared by: City Manager’s Office RESOLUTION NO. 2012-904 A resolution recognizing Yuri D. Rashkin for his loyal and conscientious service to the City of Janesville as a City Councilmember. WHEREAS, Yuri D. Rashkin served the City of Janesville from 2008 to 2012 as a Member of the City Council; and WHEREAS, Mr. Rashkin served as Council Vice President from November 28, 2011 to the end of his term; and WHEREAS, during his term of office, Councilman Rashkin served as a member of various boards, committees, and commissions in the City; and WHEREAS, Mr. Rashkin’s deep concern for the community, its citizens and their welfare has characterized his tenure in office throughout; and WHEREAS, Mr. Rashkin has always performed the duties of a member of the City Council with an exemplary level of dedication, honesty, and integrity; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Janesville presents this commendation to Yuri D. Rashkin in sincere appreciation for his loyal and conscientious service to the City of Janesville. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent ____ Dongarra- Eric Levitt, City Manager Adams Liebert ATTEST: McDonald Rashkin ______ Steeber Jean Ann Wulf, City Clerk-Treasurer Voskuil APPROVED AS TO FORM: ______ Wald Klimczyk, City Attorney Proposed by: City Manager’s Office Prepared by: City Manager’s Office DEPARTMENT OF PUBLIC WORKS MEMORANDUM 9 APRIL 2012 TO: City Council FROM: Mike Payne, Engineering Manager SUBJECT: PUBLIC HEARING AND ACTION ON A PROPOSED FINAL RESOLUTION FOR ASSESSABLE SEWER, WATER, AND LATERALS (FILE RES. NO. 2012-901) Summary: Resolution 2012-901 includes sanitary sewer, water main, and related sewer and water laterals in two separate areas of the City. The City received a request for services from Agrace HospiceCare who owns property at 3301 Sandhill Drive located at the southwest corner of Sandhill Drive and N. Wright Road. Also the City has been working with the owner of Wedges bar/restaurant located at 2160 Golf Course Road and the Board of Trustees for Elk Lodge 254 located at 2100 N. Washington Street to extend gravity sewer to their properties. The Council adopted Preliminary Resolution 2012-896 at the March 26 meeting declaring its intent to assess the abutting properties benefited by these improvements. Category I includes sanitary sewer, water main, and sewer and water laterals. Category II includes sanitary sewer and sewer and water laterals. Category III includes water main (for assessment purposes only). Engineering Division Recommendation: The Engineering Division recommends adopt Final Resolution No. 2012-901 following the public hearing. City Manager’s Recommendation: The City Manager recommends approval of the intent to assess and to provide for the special financing for the Elks Lodge. Suggested Motion: I move to adopt Final Resolution No. 2012-901 and grant the Elks Lodge 254 a 10-year payment plan at 3% interest with the first three years being interest only payments. Background: Elks/Wedges/Riverside In October 2010, the City was notified by the County Health Department of problems with the septic system for Wedges. Since that time, the City has been working with Bruce Monson, the owner of Wedges to pursue permanent solutions. One option explored was pressure testing the private sanitary forcemain serving the Elks Lodge to consider taking public ownership of the forcemain to allow Wedges to connect. When the pressure test failed, the Elks also became interested in a permanent public sewer option. The City is constructing a new park storage building at the south end of Riverside Park near the public restroom building. The existing restroom building is not served by public sewer and there was a desire to connect the new park storage building to sewer and existing water. For these reasons, the City, Wedges, and Elks have worked through a logical assessment strategy to allow extending sanitary sewer from Charles Street in the Mole Sadler subdivision through Riverside Park to serve City buildings as well as Wedges and the Elks Lodge. This sewer can be extended in the future to serve the Riverside golf course club house and properties further to the north and west along N. Washington Street. Since Wedges recently annexed into the City, there is a 1981 ‘out of City’ water main assessment being levied to the property. Wedges intends to use the 5 year payment plan at the stated 6% interest. Because they are a fraternal organization and have limited financial resources, Elks Lodge 254 requested a special 10 year payment plan at 3% interest, with the first three years being interest only payments. In 1981 the Elks property was also granted an indefinite deferral for water main in the amount of $8,035.15. Engineering also believes the Elks Lodge should not be assessed a front foot assessment in the future when the sanitary sewer is extended to the north and abutting their property since the Elks have participated in this sewer extension project in good faith and are paying a prorated portion of costs through properties not immediately abutting their N. Washington Street frontage. Sandhill Drive Agrace HospiceCare is requesting sewer and water extensions to serve a new facility they plan to construct at 3301 Sandhill Drive in 2012. The letter requesting infrastructure is attached. Agrace HospiceCare intends to pay the assessments in full, similar to their approach with the land division assessments in 2011 when the lot was created by a Certified Survey, rather than use a 5 year payment plan. Attached is a 2003 letter from the Larson & Darby Group who facilitated the construction of The Church of Jesus Christ of Latter-day Saints at 3001 N. Wright Road acknowledging future assessments associated with utilities along Sandhill Drive. The City worked with the church at the time of their construction project to delay installation of utilities on Sandhill until required to serve a future development project. Consistent with Council Policy #63 – Special Assessments, the church property with R1 zoning is eligible for a 140 foot corner lot exemption for sewer and water. Attachment - Resolution 2012-901 - City Engineers Report - Agrace HospiceCare request for infrastructure - Letter from Larson & Darby Group - Elks/Wedges/Riverside map - Sandhill Drive map CITY OF JANESVILLE 9 APRIL 2012 CONTRACT 2012-11, SEWER AND WATER ASSESSMENTS PAGE (1) OF (4) RESOLUTION NO. 2012-901 FINAL RESOLUTION FINAL RESOLUTION DECLARING INTENT TO EXERCISE SPECIAL ASSESSMENT POWERS UNDER SECTION 66.0703, WISCONSIN STATUTES AND REQUIRING INSTALLATION OF WATER, SEWER, AND GAS SERVICE PIPES AND PROVIDING FOR ASSESSMENT OF COSTS UNDER SECTION 66.0911, WISCONSIN STATUTES; RESOLVED, By the Common Council of the City of Janesville, Wisconsin. 1. The Common Council hereby declares its intention to exercise its power pursuant to S.66.0703 and S.66.0911, Laws of the State of Wisconsin, to levy special assessments on a reasonable basis upon property abutting the following described streets, pursuant to its police powers, by improvement of the said streets to further facilitate traffic flow and safety, and to assist in providing for the safety, health, and general welfare of the public, to-wit: I. SANITARY SEWER, WATER MAIN, AND SEWER AND WATER LATERALS All Property Fronting Upon Each Side Of From To Sandhill Drive N. Wright Road 550’ west of N. Wright Road II. SANITARY SEWER, AND SEWER AND WATER LATERALS All Property Fronting Upon Each Side Of From To Edgehill Drive Parkside Drive Golf Course Road Golf Course Road (N side only) Edgehill Drive N. Washington Street N. Washington Street (E side only) Golf Course Road 1,100 feet North of Golf Course Road III. WATERMAIN ONLY (FOR ASSESSMENT PURPOSES ONLY) All Property Fronting Upon Each Side Of From To CITY OF JANESVILLE 9 APRIL 2012 CONTRACT 2012-11, SEWER AND WATER ASSESSMENTS PAGE (2) OF (4) FINAL RESOLUTION NO. 2012-901 N. Washington Street (E side only) Golf Course Road 300 feet North of Golf Course Road 2. Said public improvements shall include the above listed improvements on the various listed streets to the grades established therefore by the City Council of the City of Janesville, Wisconsin, and recorded in the Office of the City Clerk whether previously established or established in the future. 3. The property against which the assessments are proposed shall be benefited by the improvements and said assessments shall be made upon a reasonable basis. 4. That the actual levy of the special assessment shall take place at the time of the adoption of the final public works resolution by the Common Council of the City of Janesville concerning these improvements. The property owner(s), if any property abutting and/or benefitting from this project is located in Rock Township, against whose property such special assessment shall be levied under and by this Resolution, shall have their payment obligation deferred, without interest accruing thereon, until such time as their specific property is annexed or connects to such improvement(s), in which event the special assessment shall be due and payable either in full or in five (5) annual installment payments, the latter with interest accruing thereon from the date of annexation or connection. This method of payment shall be approved and ratified by the Board of the Town of Rock in accord with Section 66.0707 of the Wisconsin Statutes, and such other applicable provisions of law and intergovernmental agreement(s), and shall act, once so ratified by the Rock Town Board, as a levied special assessment against such abutting and/or benefiting properties in the Town of Rock. This levy and special assessment payment provisions are in accord with the City of Janesville/Town of Rock Cooperative Boundary Plan, City of Janesville Common Council Special Assessment Policy No. 63, related pertinent provisions, and the Town of Rock/Janesville Highway 11 Bypass Agreement. The special assessment levy and payments shall be made by the abutting, benefiting and affected property owners in accord with the LaPrairie and Rock Township City of Janesville Highway 11 Bypass Agreement, as well as the Rock/Janesville Cooperative Boundary Plan. This provision applies only to the properties located in the Town of Rock. 5. Excluding the assessment for the installation of sewer and water service pipes (lateral) and the assessment against any parcel owned by an individual property owner may be: (a) paid in cash upon completion of the work; or (b) paid with the taxes the first year following completion of the work; or (c) at the election of the property owner, spread over a period of five (5) years with interest at six percent (6%) per annum on the unpaid balance. The first installment on the five-year plan shall include one-fifth of the principal with the interest for November and December on the unpaid portion and shall be so entered in the Tax Roll. Each of the subsequent installments shall be entered in each of the annual tax rolls thereafter until all are collected. Deferred payment on the aforementioned installments shall bear interest at six (6%) per annum. The assessments against any parcel for sewer and water service pipes shall constitute a lien against such parcel and must be paid in cash or with the taxes in the year following the completion of the work. CITY OF JANESVILLE 9 APRIL 2012 CONTRACT 2012-11, SEWER AND WATER ASSESSMENTS PAGE (3) OF (4) FINAL RESOLUTION NO. 2012-901 The assessments, as outlined above, pertain only to said individual property owners. The assessments against all parcels of land owned by others, which include subdividers, land developers, speculative builders, or owners of several or more lots on the same street or in the same area will be billed upon completion of the work after which interest at six percent (6%) per annum will be charged from the last day of the month of the billing. The assessments for said other owners may be: (a) paid in cash upon completion of the work in the month of billing without interest; or (b) paid with the taxes the first year following the completion of the work, the amount to be entered in the Tax Roll shall include the unpaid principal with interest through the end of December in the year so entered; or, (c) at the election of the property owner and with the approval of the Committee of Public Works, spread over a period of five (5) years with interest at six percent (6%) per annum on the unpaid balance. The first installment on the five-year plan shall include one-fifth of the principal with interest through the end of December in the year so entered. Each of the subsequent installments shall be entered on each of the annual tax rolls thereafter until all are collected. Deferred payment on the aforementioned installments shall bear interest at six percent (6%) per annum. 6. The City Engineer is directed to prepare a report consisting of: a. Final plans and specifications for said improvements, b. An estimate of the entire cost of the proposed improvements, c. A schedule of the proposed assessments, and d. A statement showing that the property against which the assessments are proposed is benefited, the improvement constituting an exercise of police powers. Upon completing such report, the City Engineer is directed to file a copy thereof in the City Clerk's Office for public inspection. The City Engineer is also directed to advertise for bids to carry out such work of such improvements in accordance with the report. 7. Upon receiving the report of the City Engineer, the Clerk is directed to give notice of a Public hearing on such report as specified in S.66.0703(7)(a), Wisconsin Statutes. The hearing shall be held at the Council Chambers in the Municipal Building at a time set by the Clerk, in accordance with S.66.0703(7)(a), Wisconsin Statutes. 8. The City has determined to undertake the capital improvements described in paragraph 1 above (the "Projects"). The City anticipates that moneys, other than the proceeds of any outstanding debt of the City, will be expended by the City with respect to such capital improvements. The City CITY OF JANESVILLE 9 APRIL 2012 CONTRACT 2012-11, SEWER AND WATER ASSESSMENTS PAGE (4) OF (4) FINAL RESOLUTION NO. 2012-901 reasonably expects to be reimbursed for such expenditures with proceeds of its debt. The maximum principal amount of debt expected to be issued for the reimbursement of such expenditures is $5,000,000. No funds from sources other than the debt referred to above are, or are expected to be, reserved, allocated on a long-term basis, or otherwise set aside by the City or any entity controlled by the City pursuant to its budget or financial policies with respect to the Projects. This is consistent with the budgetary and financial circumstances of the City. Copies of this resolution shall be made available for public inspection in the manner required by law. This Resolution is a declaration of official intent under Treasury Regulation Section 1.150-2. ADOPTED: MOTION BY: APPROVED: SECOND BY: COUNCILMEMBER AYE NAY PASS ABSENT Eric Levitt, City Manager ATTEST: DONGARRA-ADAMS LIEBERT Jean Ann Wulf, City Clerk-Treasurer McDONALD APPROVED AS TO FORM: RASHKIN STEEBER City Attorney, Wald Klimczyk VOSKUIL Proposed by: ENGINEERING DIVISION Prepared by: ENGINEERING DIVISION Î·ª»®·¼» Ù±´º Ý±«®» Û´µ Ô±¼¹» Ú«¬«®» Í¿²·¬¿®§ Í»©»® î ÿ ÿ î ÿ î ÿ ÿ ÿ î ÿ ÿ î ÿ ÿ î ÿ ÿ î ÿ ÿ É»¼¹»ù Þ¿® î ÿ ÿ î ÿ î ÿ î ÿ ÿÿÿ î ÿ ÿ î ÿ ÿ î ÿ î ÿ ÿ ÿ î ÿ ÿ î ÿ o ÿ É·½±²·²ù Ð¿®µ Ð´¿½» Ý·¬§ ±º Ö¿²»ª·´´» Ý·¬§ ±º Ö¿²»ª·´´» Ú«¬«®» Í¿²·¬¿®§ Í»©»® ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ íñïìñîðïî ÞòÞòô Ð´¿²²·²¹ Í»®ª·½» ðîìðìèðéîðçêð ï þ ã íèè ù Ú»»¬ ÍæÄÐ®±¶»½¬ÄÐ´¿²²·²¹ÄÓ·½ÄÛ´µÝ´«¾Í»©»®ò³¨¼ DEPARTMENT OF PUBLIC WORKS MEMORANDUM 9 APRIL 2012 TO: City Council FROM: Mike Payne, Engineering Manager SUBJECT: PUBLIC HEARING AND ACTION ON A PROPOSED FINAL RESOLUTION FOR ASSESSABLE STREET CONSTRUCTION (FILE RES. NO. 2012-902) Summary: Resolution 2012-902 includes work necessary to extend Sandhill Drive west of N. Wright Road as requested by Agrace HospiceCare. Agrace HospiceCare intends to construct a new facility on property they own at 3301 Sandhill Drive located at the southwest corner of Sandhill Drive and N. Wright Road. The Council adopted Preliminary Resolution 2012-897 on March 26 declaring its intent to assess the abutting properties benefited by these improvements. Category I includes preliminary grading and graveling, new curb and gutter, and asphalt pavement. City Manager’s Recommendation: The City Manager recommends approval. Engineering Division Recommendation: The Engineering Division recommends the Council adopt Final Resolution No. 2012- 902. Suggested Motion: I move to adopt Final Resolution No. 2012-902. Background: Agrace HospiceCare is requesting a street extension to serve a new facility they plan to construct at 3301 Sandhill Drive in 2012. The letter requesting infrastructure is attached. Agrace HospiceCare intends to pay the assessments in full, similar to their approach with the land division assessments in 2011 when the lot was created by a Certified Survey, rather than use a 5 year payment plan. Attached is a 2003 letter from the Larson & Darby Group who facilitated the construction of The Church of Jesus Christ of Latter-day Saints at 3001 N. Wright Road acknowledging future assessments associated with street construction along Sandhill Drive. The City worked with the church at the time of their construction project to delay street construction on Sandhill Drive until required to serve a future development project. Consistent with Council Policy #63 – Special Assessments, the church property with R1 zoning is eligible for a 70 foot corner lot exemption for street construction. Attachment - Resolution 2012-902 - City Engineer Report - Agrace HospiceCare request for infrastructure - Letter from Larson & Darby Group - Sandhill Drive map cc: Eric Levitt Jacob J Winzenz Carl Weber CITY OF JANESVILLE 9 APRIL 2012 SANDHILL DRIVE EXTENSION ASSESSMENTS PAGE (1) OF (4) RESOLUTION NO. 2012-902 FINAL RESOLUTION FINAL RESOLUTION DECLARING INTENT TO EXERCISE SPECIAL ASSESSMENT POWERS UNDER SECTION 66.0703, WISCONSIN STATUTES AND REQUIRING INSTALLATION OF WATER, SEWER, AND GAS SERVICE PIPES AND PROVIDING FOR ASSESSMENT OF COSTS UNDER SECTION 66.0911, WISCONSIN STATUTES; RESOLVED, By the Common Council of the City of Janesville, Wisconsin. 1. The Common Council hereby declares its intention to exercise its power pursuant to S.66.0703 and S.66.0911, Laws of the State of Wisconsin, to levy special assessments on a reasonable basis upon property abutting the following described streets, pursuant to its police powers, by improvement of the said streets to further facilitate traffic flow and safety, and to assist in providing for the safety, health, and general welfare of the public, to-wit: I. STREET CONSTRUCTION INCLUDING: PRELIMINARY GRADING AND GRAVELING, NEW CURB AND GUTTER, AND ASPHALT PAVEMENT All Property Fronting Upon Each Side Of From To Sandhill Drive N. Wright Road 550 feet west of N. Wright Road 2. Said public improvements shall include the above listed improvements on the various listed streets to the grades established therefore by the City Council of the City of Janesville, Wisconsin, and recorded in the Office of the City Clerk whether previously established or established in the future. 3. The property against which the assessments are proposed shall be benefited by the improvements and said assessments shall be made upon a reasonable basis. 4. That the actual levy of the special assessment shall take place at the time of the adoption of the final public works resolution by the Common Council of the City of Janesville concerning these improvements. The property owner(s), if any property abutting and/or benefitting from this project is located in Rock Township, against whose property such special assessment shall be levied under and by this Resolution, shall have their payment obligation deferred, without interest accruing thereon, until CITY OF JANESVILLE 9 APRIL 2012 SANDHILL DRIVE EXTENSION ASSESSMENTS PAGE (2) OF (4) FINAL RESOLUTION NO. 2012-902 such time as their specific property is annexed or connects to such improvement(s), in which event the special assessment shall be due and payable either in full or in five (5) annual installment payments, the latter with interest accruing thereon from the date of annexation or connection. This method of payment shall be approved and ratified by the Board of the Town of Rock in accord with Section 66.0707 of the Wisconsin Statutes, and such other applicable provisions of law and intergovernmental agreement(s), and shall act, once so ratified by the Rock Town Board, as a levied special assessment against such abutting and/or benefiting properties in the Town of Rock. This levy and special assessment payment provisions are in accord with the City of Janesville/Town of Rock Cooperative Boundary Plan, City of Janesville Common Council Special Assessment Policy No. 63, related pertinent provisions, and the Town of Rock/Janesville Highway 11 Bypass Agreement. The special assessment levy and payments shall be made by the abutting, benefiting and affected property owners in accord with the LaPrairie and Rock Township City of Janesville Highway 11 Bypass Agreement, as well as the Rock/Janesville Cooperative Boundary Plan. This provision applies only to the properties located in the Town of Rock. 5. Excluding the assessment for the installation of sewer and water service pipes (lateral) and the assessment against any parcel owned by an individual property owner may be: (a) paid in cash upon completion of the work; or (b) paid with the taxes the first year following completion of the work; or (c) at the election of the property owner, spread over a period of five (5) years with interest at six percent (6%) per annum on the unpaid balance. The first installment on the five-year plan shall include one-fifth of the principal with the interest for November and December on the unpaid portion and shall be so entered in the Tax Roll. Each of the subsequent installments shall be entered in each of the annual tax rolls thereafter until all are collected. Deferred payment on the aforementioned installments shall bear interest at six (6%) per annum. The assessments against any parcel for sewer and water service pipes shall constitute a lien against such parcel and must be paid in cash or with the taxes in the year following the completion of the work. The assessments, as outlined above, pertain only to said individual property owners. The assessments against all parcels of land owned by others, which include subdividers, land developers, speculative builders, or owners of several or more lots on the same street or in the same area will be billed upon completion of the work after which interest at six percent (6%) per annum will be charged from the last day of the month of the billing. The assessments for said other owners may be: (a) paid in cash upon completion of the work in the month of billing without interest; or (b) paid with the taxes the first year following the completion of the work, the amount to be entered in the Tax Roll shall include the unpaid principal with interest through the end of December in the year so entered; or, (c) at the election of the property owner and with the approval of the Committee of Public Works, spread over a period of five (5) years with interest at six percent (6%) per annum on the unpaid balance. The first installment on the five-year plan shall include one-fifth of the principal with interest through the end of December in the year so entered. Each of the subsequent installments shall be entered on each of the annual tax rolls CITY OF JANESVILLE 9 APRIL 2012 SANDHILL DRIVE EXTENSION ASSESSMENTS PAGE (3) OF (4) FINAL RESOLUTION NO. 2012-902 thereafter until all are collected. Deferred payment on the aforementioned installments shall bear interest at six percent (6%) per annum. 6. The City Engineer is directed to prepare a report consisting of: a. Final plans and specifications for said improvements, b. An estimate of the entire cost of the proposed improvements, c. A schedule of the proposed assessments, and d. A statement showing that the property against which the assessments are proposed is benefited, the improvement constituting an exercise of police powers. Upon completing such report, the City Engineer is directed to file a copy thereof in the City Clerk's Office for public inspection. The City Engineer is also directed to advertise for bids to carry out such work of such improvements in accordance with the report. 7. Upon receiving the report of the City Engineer, the Clerk is directed to give notice of a Public hearing on such report as specified in S.66.0703(7)(a), Wisconsin Statutes. The hearing shall be held at the Council Chambers in the Municipal Building at a time set by the Clerk, in accordance with S.66.0703(7)(a), Wisconsin Statutes. 8. The City has determined to undertake the capital improvements described in paragraph 1 above (the "Projects"). The City anticipates that moneys, other than the proceeds of any outstanding debt of the City, will be expended by the City with respect to such capital improvements. The City reasonably expects to be reimbursed for such expenditures with proceeds of its debt. The maximum principal amount of debt expected to be issued for the reimbursement of such expenditures is $5,000,000. No funds from sources other than the debt referred to above are, or are expected to be, reserved, allocated on a long-term basis, or otherwise set aside by the City or any entity controlled by the City pursuant to its budget or financial policies with respect to the Projects. This is consistent with the budgetary and financial circumstances of the City. Copies of this resolution shall be made available for public inspection in the manner required by law. This Resolution is a declaration of official intent under Treasury Regulation Section 1.150-2. CITY OF JANESVILLE 9 APRIL 2012 SANDHILL DRIVE EXTENSION ASSESSMENTS PAGE (4) OF (4) FINAL RESOLUTION NO. 2012-902 ADOPTED: MOTION BY: APPROVED: SECOND BY: COUNCILMEMBER AYE NAY PASS ABSENT Eric Levitt, City Manager ATTEST: DONGARRA-ADAMS LIEBERT Jean Ann Wulf, City Clerk-Treasurer McDONALD APPROVED AS TO FORM: RASHKIN STEEBER City Attorney, Wald Klimczyk VOSKUIL Proposed by: ENGINEERING DIVISION Prepared by: ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORKS MEMORANDUM 30 March 2012 TO: City Council FROM: Mike Payne, Engineering Manager SUBJECT: AWARD OF BID SCHEDULE “C” – 2012 CONTRACT 2012-10, RIVERSIDE PARK STORAGE BUILDING CONTRACT 2012-11, SEWER AND WATER Summary Bids for Public Works Bid Schedule “C” – 2012, Contracts 2012-10, and -11 were opened on Wednesday, March 14, 2012. Each of the low bids was found to be responsive and acceptable. Recommendation Following review by the Council, the Engineering Division recommends award of Contracts 2012-10, and -11 to the low bidders and that the City Council express their intent to include necessary funding in the 2012 note issue. City Manager Recommendation The City Manager recommends approval. Suggested Motion I move to award the base bid for Contract 2012-10 and base bid plus alternate bid for Contract 2012-11 to the low bidders and express the intent to include in the 2012 Note Issue $401,250 for the Contract 2012-11. Background Contract 2012-10, Riverside Park Storage Building This project includes construction of a 36 ft x 32 ft park storage building in Riverside Park. The proposed building is similar to previous buildings constructed in Palmer and Rockport parks. The building will be located at the south end of the park near the public restroom building and will incorporate similar materials and color scheme. We received six (6) bids for this project, with Harmony Construction Management providing the low bid. The Engineering Division is recommending award of this contract to Harmony Construction Management, Inc., Madison, WI, in the amount of $98,500. The bids received are shown below: Harmony Construction Management, Inc. Total Bid: $98,500.00 906 Jonathon Drive Madison, WI 53713 AWARD OF BID SCHEDULE “C” – 2012 CONTRACT 2012-10, RIVERSIDE PARK STORAGE BUILDING CONTRACT 2012-11, SEWER AND WATER 30 MARCH 2012 – PAGE 2. Gilbank Construction, Inc. Total Bid: $98,800.00 301 Scot Drive, P.O. Box 718 Clinton, WI 53525 Corporate Contractors, Inc. Total Bid: $99,967.00 655 Third Street, Suite 300 Beloit, WI 53511 Paulson Kimball Construction, LLC Total Bid: $100,625.00 917 Todd Drive Janesville, WI 53546 Magill Construction Company, Inc. Total Bid: $108,800.00 977 Koopman Lane Elkhorn, WI 53121 Scherrer Construction Co., Inc. Total Bid: $112,777.00 601 Blackhawk Drive Burlington, WI 53105 Funding for Contract 2012-10 was included in the 2010 Note Issue. At that time, $200,000 was included for the Riverside Park storage building and a maintenance building for Oakhill cemetery. There are no immediate plans to construct a cemetery building at this time. Contract 2012-11, Sewer and Water This project provides a sewer and water extension along Sandhill Drive immediately west of N. Wright Road to serve a proposed Agrace HospiceCare facility to be constructed in 2012. The contract also includes a sewer extension through Riverside Park to connect public buildings to sewer as well as Wedges and the Elks Lodge. We received five (5) bids for this project, with R. T. Fox Contractors providing the low bid. The Engineering Division is recommending award of the base bid plus alternate bid to R. T. Fox Contractors Inc., Edgerton, WI, in the amount of $358,261. Part A of the contract is water main and water laterals. Part B of the contract is sanitary sewer and sanitary laterals. Part C of the contract is storm sewer and miscellaneous contract items. The alternate bid item includes the Sandhill Drive street excavation and base construction. Curb and gutter and asphalt paving will be completed under separate contracts to complete the street construction. The bids received are shown below: R. T. Fox Contractors, Inc. Total – Part A: $60,975.00 5628 Hwy. M Total – Part B: $188,805.00 Edgerton, WI 53534 Total – Part C: $79,276.00 Grand Total: $329,056.00 Alternate Bid: $29,205.00 AWARD OF BID SCHEDULE “C” – 2012 CONTRACT 2012-10, RIVERSIDE PARK STORAGE BUILDING CONTRACT 2012-11, SEWER AND WATER 30 MARCH 2012 – PAGE 3. Speedway Sand & Gravel, Inc. Total – Part A: $69,230.00 8500 Greenway Blvd., Suite 202 Total – Part B: $283,465.00 Middleton, WI 53562 Total – Part C: $102,225.25 Grand Total: $454,920.25 Alternate Bid: $47,524.50 Globe Contractors, Inc. Total – Part A: $66,155.00 N50 W23076 Betker Road Total – Part B: $309,466.00 Pewaukee, WI 53072 Total – Part C: $90,257.50 Grand Total: $465,878.50 Alternate Bid: $45,210.00 E & N Hughes Co., Inc. Total – Part A: $71,605.00 N2629 Coplien Road, P.O. Box 408 Total – Part B: $307,353.60 Monroe, WI 53566 Total – Part C: $87,046.95 Grand Total: $466,005.55 Alternate Bid: $55,782.50 Iverson Construction, LLC Total – Part A: $76,205.00 3190 County Hwy. N Total – Part B: $352,550.00 Cottage Grove, WI 53527 Total – Part C: $85,713.75 Grand Total: $514,468.75 Alternate Bid: $44,566.00 Anticipated Project Costs: Contract $358,261 Force Account, Engineering, & Contingency (12%) $42,989 Total = $401,250 Project Funding: 2012 Note Issue – Special Assessments (Water Utility) $51,000 2012 Note Issue – Special Assessments (WW Utility) $124,000 2012 Note Issue – Special Assessments (SW Utility) $45,250 2012 Note Issue – Wastewater Utility $148,000 2012 Note Issue – Street Special Assessments (G. F.) $33,000 Total = $401,250 cc: Eric Levitt, Jay Winzenz, Carl Weber Community Development Department Memorandum Date: March 26, 2012 TO: Janesville City Council FROM: Duane Cherek, Manager of Planning Services SUBJECT: Action on a proposed resolution authorizing the acquisition of a sanitary sewer easement on property located at 2100 North Washington Street and 2160 Golf Course Road (Resolution No. 2012- 898). SUMMARY The Elks Lodge of Janesville is located at 2100 North Washington Street adjoining Riverside Golf Course. Sewer Service to the Lodge is provided by a privately-owned force main that extends approximately 2,000 feet south of the Elks property along the Union Pacific Railroad where it connects to the City’s public sewer collection system. Last year (mid-2011), the City made arrangements with the Elks to acquire an easement for the purpose of taking over ownership and maintenance of the private force main. This would provide the City with the future opportunity to connect the clubhouse at Riverside Golf Course and another intervening property with sewer service. City acceptance of the force main and easement was conditioned upon a successful testing of the service main which failed to meet the required standard, and subsequently, the acquisition was not pursued. In response, the Engineering Department has designed an alternative proposal that would extend gravity flow sanitary sewer across a portion of Riverside Park to serve the Elks property from existing mains in the Mole & Saddler subdivision located south of the park. In order to extend the sewer main as proposed, the City would need to acquire easements on two parcels of land west of Riverside Golf Course. Those include property owned by the Elks Lodge and Wedges bar/restaurant. Staff is requesting the Council authorize the acquisition of easements to allow for a sewer extension affecting both properties. DEPARTMENT RECOMMENDATION The Plan Commission and Community Development Department recommend that the City Council support a motion to approve Resolution No. 2012-898 authorizing the acquisition of a sanitary sewer easement on property located at 2100 N. Washington Street and 2160 Golf Course Road noting that the Plan Commission has not reviewed the financial aspects of this transaction. CITY MANAGER’S RECOMMENDATION The City Manager concurs with the Plan Commission recommendation. ANALYSIS A. The force main owned by the Elks is located immediately adjacent to Riverside Golf Course and the Union Pacific Railroad Corridor along the east perimeter of the site. This sewer is part of an approximate 2,000 foot long private force main that connects to the City’s public sewer system at N. Washington Street near the south side of Riverside Park. The proposed easement on the Elks property has been configured to provide the Elks with municipal sewer service and also allow public facilities to be extended out to County Trunk Highway E (N. Washington St). The easement varies in width to accommodate utility installation needs and minimize tree disturbance on the site. The Elks Board of Trustees and general membership have voted to support the proposed easement and its alignment. Map 1 provides an illustration of the easement location on the property. B. In addition to providing sewer service to the Elks property, the utility extension will also traverse a portion of an intervening property which is occupied by Wedges Bar & Restaurant. This property was annexed to the City in 2011 and has experienced a failed septic system. The property owner is required to connect to the City of Janesville sewer system if utilities are available. The extension of municipal sewer within the designated easement corridor will provide both Wedges and the Elks with a connection to the City’s public sewer system. The sewer will also provide a future opportunity to connect the clubhouse building located at Riverside Golf Course with sanitary sewer. Currently, the clubhouse utilizes an on-site septic system for wastewater disposal. C. State Statutes require that the Plan Commission review any proposed easement acquisition to determine if it is consistent with established City plans. Based on staff’s analysis, acquisition of this easement is consistent with the City’s Comprehensive Plan and Sanitary Sewer Service Water Quality Management Plan. The Comprehensive Plan recommends that the City coordinate the provision of public utilities to support the most cost-efficient and effective facilities for all residents and groups within the community. This includes the provision of sanitary sewer service in areas where connections to public facilities can be made. Additionally, one of the primary purposes of the Janesville Area Water Quality Management Plan provides that municipal sanitary sewer service be made available to properties within the City’s urban service limits. This may serve to protect the quality of the environment by eliminating conditions where inadequate sewage collection and treatment facilities may exist. D. The City has offered the Elks a sum of $5,000 for conveyance of the easement. The easement and sewer extension allows an existing commercial development site with a failed sewer system to be provided with municipal wastewater services. The sanitary sewer also provides the City with a future opportunity to connect the golf course clubhouse to this facility. Lastly, acquisition of the easement as proposed will allow public sewer mains to be extended to County Highway E thus enabling the City to provide future sewer extensions to other properties along that transportation corridor. PLAN COMMISSION ACTION – MARCH 19, 2012 Duane Cherek, Manager of Planning Services, presented the written staff report. Commissioner Siker asked if the Elks Lodge was served with City sewer and water. Cherek confirmed that sewer service was currently provided through a privately-owned force main located south of the lodge. Cherek stated that this facility would be replaced by a gravity flow public sewer connection. Cherek added that the Golf course has an on- site septic system and would also need a public sewer connection at a future date. Commissioner Consigny questioned who was paying for the connection and Cherek answered that the cost would be a prorated assessment based on the parties benefitting from the sewer extension. Commissioner Madere asked if the new sewer line running through the easement was adequately sized so that it could take care of future connections to properties along Washington which would be a benefit to the City. Cherek stated that it was and that eventually the City would be able to serve properties in the vicinity of the Royal Oaks area and potentially eliminate an existing lift station. Commissioner Madere noted the cost savings of having a gravity sewer as opposed to a lift-station. Commissioner Madere asked if water utilities were extended to this area and Cherek stated that water service currently exists to serve the area. There was a motion by Commissioner Siker with a second by Commissioner Madere to find the proposed acquisition of a sanitary sewer easement on property located at 2100 N. Washington Street and 2160 Golf Course Road consistent with established City plans and recommend that the City Council proceed with the easement acquisition noting that the Plan Commission has not reviewed the financial aspects of this transaction. The motion carried on a 5-0-0 vote. cc: Eric Levitt Jay Winzenz RESOLUTION NO. 2012-898 A resolution authorizing the acquisition of a sanitary sewer easement on property located at 2100 North Washington Street and 2160 Golf Course Road. WHEREAS , sewer service to the existing Elks Lodge located at 2100 N. Washington Street is provided by a private force main approximately 2,000 feet in length and connected to the City of Janesville’s gravity sewer system, and; WHEREAS, the Elks Lodge is currently responsible for maintenance and repair costs of the facility since it is a private force main owned by the Elks, and; WHEREAS , a recent pressure test performed on the existing force main failed causing the Elks Lodge and City to consider an extension of gravity flow sewer facilities to the Elks Lodge and intervening properties, and; WHEREAS, property located at 2006 N. County Trunk E, known as “Wedges”, is served by a private septic system which has failed and can be connected the City’s sanitary sewer system if extended, and; WHEREAS , Riverside Golf Course and the club house building which currently utilizes an on-site septic system for wastewater disposal can also connect to municipal sewer services if said utility is extended, and; WHEREAS , the acquisition and conveyance of a sanitary sewer easement on property located at 2100 N. Washington Street and 2160 Golf Course Road allows the City to provide a sewer extension and future connection to the Elks Lodge and Wedges, and; WHEREAS , Wis. Stats. §§ 62.22 (1), 62.23 (17) (a), 62.23 (17) (b), 66.0101, 62.11(15) and Chapter 32 and other pertinent Wisconsin Statutes permit the City’s acquisition, development, ownership, and use of land by means of easements and agreements for public purposes including, but not limited to, these set forth herein. WHEREAS , the Common Council hereby finds that this easement acquisition and acceptance is in the best interests of, and benefit to, the City of Janesville. NOW, THEREFORE, BE IT RESOLVED , by the Common Council of the City of Janesville, that they hereby authorize and direct the City Manager and/or his designee, to acquire a sanitary sewer on property located at 2100 North Washington Street and 2160 Golf Course Road on behalf of the City of Janesville, as the City Manager may deem necessary or desirable to effectuate the intent of this resolution. BE IT FURTHER RESOLVED , that the City Manager and his designees may, from time to time, negotiate, draft, amend, execute and enter into such changes and other documents to the property acquisition documents, contracts and agreements and take such other action as the City Manager may deem necessary or desirable to effectuate the intent of this resolution. RESOLUTION 2012-898 PAGE 2 ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Eric J. Levitt, City Manager Dongarra-Adams Liebert ATTEST: McDonald Rashkin Jean Ann Wulf, City Clerk-Treasurer Steeber Voskuil APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Community Development Department Prepared by: Community Development Department Î·ª»®·¼» Ù±´º Ý±«®» Û´µ Ô±¼¹» îðù íðù Ð®±°±»¼ Í»©»® Û¿»³»²¬ íëù É»¼¹»ù Þ¿® o ß½¯«··¬·±² ±º Í¿²·¬¿®§ É·½±²·²ù Ð¿®µ Ð´¿½» Ý·¬§ ±º Ö¿²»ª·´´» Ý·¬§ ±º Ö¿²»ª·´´» Í»©»® Û¿»³»²¬ ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ íñïìñîðïî ÞòÞòô Ð´¿²²·²¹ Í»®ª·½» ðéðïìðîïðîèð ï þ ã ïïé ù Ú»»¬ ÍæÄÐ®±¶»½¬ÄÐ´¿²²·²¹ÄÓ·½ÄÛ´µÝ´«¾Û¿»³»²¬ò³¨¼ JANESVILLE TRANSIT SYSTEM MEMORANDUM March 29, 2012 TO: City Council FROM: Transit Director Action on Proposed Resolutions 2012-899 – Authorizing a SUBJECT: Contract with Generac Power Systems, Inc. and the City of Whitewater to Provide Bus Service between the Cities of Janesville, Milton and Whitewater; and 2012-900- Approving a Revision to the 2012 Transit System Budget. Executive Summary: The City has reached tentative agreement with the City of Whitewater and Generac Power Systems, Inc. to provide commuter bus service between Janesville and the cities of Milton and Whitewater; with the object of providing accessibility for Janesville and area citizens to jobs at Generac and other employers in Whitewater as well as general public transportation within the region. Generac is in the process of hiring approximately 500 additional employees to meet expanded demand for its products, and is seeking to recruit a substantial number of those additional workers from the Janesville and Rock County area. Previous surveys as well as experience by Generac and other employers in Whitewater indicate that reliable transportation, or lack thereof, is a major impediment to those businesses attracting and retaining employees from Janesville and Rock County. As a result, Generac and the City of Whitewater have agreed to assist in funding the proposed commuter service to provide access to the important labor market which exists in Janesville and Rock County, and to ensure that those employees have a reliable and sustainable means of getting to their jobs. The Council was briefed on the history and particulars of the Janesville-Milton- Whitewater commuter service proposal at its meeting on March 26, 2012. A copy of the memo summarizing that information is attached, rather than repeating it here. City ManagerRecommendation: I am supportive of this expansion provided the budget can be supported through Federal and State assistance and other non-property tax revenues. One goal the Council has had is to increase job opportunities for citizens and this provides a regional employment opportunity for Janesville citizens. Resolution 2012-899 - A Resolution Authorizing the City Manager to Enter into a Contract with Generac Power Systems, Inc. and the City of Whitewater, WI, to Provide Bus Service Between the Cities of Janesville, Milton and Whitewater, WI. This is the basic enabling resolution in which the Council authorizes the City Manager to enter-into and sign a contractual agreement on behalf of the City of Janesville with Generac Power Systems, Inc. and the City of Whitewater to provide commuter bus service between the cities of Janesville, Milton and Whitewater, WI. Resolution 2012-899 sets-forth the general terms of the agreement, identifies the funding sources that will be used to cover the operating deficit, and specifies that Generac and the City of Whitewater agree to pay the local (sponsors) share of the operating deficit and cover any shortfall in farebox revenues below the contracted amount; relieving the City of Janesville of that obligation. Finally, the resolution allows the City Manager or designated staff (the Director of Neighborhood Services, as provided in Resolution 2006-355) to prepare, negotiate and execute any additional agreements, policies and standards, etc. necessary to manage the day-to-day business of operating the service authorized by this resolution. Suggested Motion: I move the adoption of Resolution 2012-899 authorizing the City Manager to enter into a contract with Generac Power Systems, Incorporated and the City of Whitewater, Wisconsin to provide bus service between the cities of Janesville, Milton and Whitewater, Wisconsin. Resolution 2012-900 – A Resolution Approving a Revised 2012 Transit System Budget. As the result of entering-into a contract with Generac Power Systems, Incorporated and the City of Whitewater, Wisconsin to provide commuter bus service, the City will incur additional expenses and receive additional revenues not anticipated at the time that the 2012 City Budget was adopted by the Council on November 28, 2011. To authorize these additional expenditures and recognize the additional revenues resulting from this operation, the portion of the 2012 City Budget relating to the Transit System must be officially amended by the Council. Resolution 2012-900 has been prepared to address this detail. As the result of this Resolution, the Transit System budget will be amended as follows: Operating Expenses: Expenses relating to Transit System operations; including wages and benefits, direct operating costs and overhead expenses relating to the operation will be increased as follows: Tripper service: +$128,310 Operating Revenues: Revenues received by the City as a result of running the service will be added to the budget. These include “Farebox” revenues from cash fares received on board the bus as well as revenues from the sale of bus passes by various outlets. The “Sponsors Share” subsidy paid by Generac and the City of Whitewater is also included in this area as a new line item, similar to the payments received from the sponsors of the “Beloit-Janesville Express” service. Fares +$19,248 Janesville-Milton-Whitewater Subsidy +$41,058 (New Line Item) Operating Assistance: These are revenues received through our contracts with the Wisconsin Department of Transportation and the US Department of Transportation, which are budgeted to underwrite 53% of the cost of operating the service. This is the same percentage used in the original budget document last fall and represents the anticipated level of funding by both Departments. We have kept the Section Chief who supervises the Public and Specialized Transit Section at the Wisconsin Department of Transportation abreast of our progress in developing the Janesville-Milton-Whitewater service and the approximate cost of the service and anticipated revenues from all sources, including state and federal assistance. Based on the feedback received, we are confident that the funds are available to cover the amounts below. State Assistance: +$28,228 Federal Assistance +$39,776 Suggested Motion: I move the adoption of Resolution 2012-900 Approving a Revised 2012 Transit System Budget. Transit System staff will be available at the April 9, 2012 Council meeting to answer any technical questions regarding the service and its operation as well as any questions the Council may have regarding the content of the two resolutions necessary to commence the operation. Attachments. cc: City Manager Assistant City Manager/Director of Administrative Services Director of Neighborhood Services RESOLUTION #2012 - 899 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH GENERAC POWER SYSTEMS, INC. AND THE CITY OF WHITEWATER, WI, TO PROVIDE BUS SERVICE BETWEEN THE CITIES OF JANESVILLE, MILTON AND WHITEWATER, WI WHEREAS, the City owns and operates a public mass transportation system; and WHEREAS, the City has established the policy that the area that is served by the JTS is limited to within the City limits unless a special subsidy agreement is developed with other entities that desire service to areas outside the City limits; and WHEREAS, Generac Power Systems, Inc; and the City of Whitewater, WI (hereinafter the Sponsors) requested this service; and WHEREAS, it is expected the mass transportation system will be operating at a deficit including, but not limited to, individual and aggregate deficits directly and indirectly arising from providing service hereunder to the sponsors ; and WHEREAS, the U.S. Department of Transportation, Federal Transit Administration and the State of Wisconsin Department of Transportation will assist in the subsidization of the operating deficit under formula grant programs; and WHEREAS, the Sponsors approached the City and expressed a desire to have bus service provided by the City to support their operations; and WHEREAS, the Sponsors are willing to pay the local share of the operating deficit, and to pay the City for any shortfall in farebox revenue below the levels projected, and have designated the necessary funds for this purpose; and WHEREAS, the Sponsors have agreed to meet such other requirements as established by the City concerning the provision of Mass Transit Service between Downtown Janesville, the Cities of Milton and Whitewater, WI and other points along the route. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville that the City Manager is authorized to enter into a contract with the Sponsors for the provision of bus service between the cities of Janesville, Milton and Whitewater, WI. BE IT FURTHER RESOLVED , that the City Manager and/or his designee(s), on behalf of the City of Janesville, is/are hereby authorized and empowered to negotiate, draft, modify, review, execute, and enter into additional agreements, record, file, and/or make minor modifications and/or amendments to any and all documents, papers, forms, and agreements, and to take whatever other actions as the City Manager may determine, from time to time and at any time, necessary and/or desirable to effectuate the intent of this resolution and/or the public good. Resolution #2012 - 899 Page Two ADOPTED: Second by: APPROVED: Councilmember Aye Nay Pass Absent Dongarra-Adams Eric J. Levitt, City Manager Liebert McDonald ATTEST: Rashkin Steeber Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: City Attorney Proposed by: Transit Director Prepared by: Transit Director RESOLUTION NO. 2012-900 RESOLUTION APPROVING A REVISED 2012 TRANSIT SYSTEM BUDGET WHEREAS , On November 28, 2011 the City Council adopted the 2012 City Budget, including the budget for the Transit Division of the Neighborhood Services Department, commonly known as the Janesville Transit System; and WHEREAS , in preparing the 2012 budget, the City of Janesville anticipated that the level of service to be provided by the Janesville Transit System during 2012 would be the same as provided during 2011, with expenditures, revenues and grant funding projected accordingly; and WHEREAS , since the adoption of the 2012 City Budget, the City has been approached by the City of Whitewater, Wisconsin and Generac Power Systems, Incorporated, a private business located within the City of Whitewater, desiring to enter into a contract with the City of Janesville and the Janesville Transit System to provide commuter bus service between the cities of Janesville, Milton and Whitewater, Wisconsin for the benefit of employees of Generac Power Systems as well as the citizens of the City of Whitewater and other cities along the route; and WHEREAS , the Common Council of the City of Janesville finds that this service would be of significant benefit to the citizens of Janesville by increasing access to the City of Whitewater for employment and higher education for Janesville citizens, and providing access to jobs, retail trade and medical facilities in Janesville to residents along the route; and WHEREAS, the United States Department of Transportation, Federal Transit Administration, and the Wisconsin Department of Transportation will assist in subsidizing the cost of providing this service; and WHEREAS , the City of Whitewater, Wisconsin and Generac Power Systems, Incorporated have agreed as a condition of receiving commuter bus service from the City of Janesville that they will pay the Sponsors share of the operating cost of the service and reimburse the City of Janesville for any shortfall in farebox revenue below the projected amounts; and WHEREAS , the budget will be revised as follows: Operating Expenses: Tripper service: +$128,310 Operating Revenues: Fares +$19,248 Janesville-Milton-Whitewater Subsidy +$41,058 (New Line Item) Resolution No. 2012-900 Page 2 Operating Assistance: State Assistance: +$28,228 Federal Assistance +$39,776 WHEREAS , the Common Council finds that it is in the community's best interest to revise the 2012 budget for the Transit Division of the Neighborhood Services Department to reflect the expenses and revenues resulting from the addition of commuter bus service between the cities of Janesville, Milton and Whitewater, Wisconsin. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Janesville, that it authorizes and directs the City Manager to modify and amend the 2012 budget for the Transit Division of the Neighborhood Services Department as recommended; and BE IT FURTHER RESOLVED, that the City Manager, and his designees, are hereby authorized to negotiate, draft, prepare, execute, file and modify such other documents, papers and agreements ancillary and/or pertaining thereto and, from time to time, to take and/or make whatever other minor actions and/or minor modifications to the above described agreements as the City Manager and/or his designee may deem necessary and/or desirable to effectuate the purposes of such agreements and the intent of this resolution. The City Manager is also hereby authorized to revise the FY2012 budget document to reflect the receipt of the FY2012 Federal and State public transit operating assistance funds, operating revenues, sponsors share contributions and the expenditures as reflected in this resolution. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Dongarra-Adams Eric J. Levitt, City Manager Liebert McDonald ATTEST: Rashkin Steeber Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: City Attorney Proposed by: Transit Director Prepared by: Transit Director Economic Development Department Memorandum April 9, 2012 TO: City Council FROM: Vic Grassman, Economic Development Director SUBJECT: Action on a proposed Resolution authorizing the City Manager to sign a TIF Development Agreement with Helgesen Development Corporation on behalf of Miniature Precision Components (File Res 2012-891) Executive Summary Miniature Precision Components (MPC), located at 820 Wisconsin St., Walworth, WI has signed a twelve year lease with Helgesen Development Corp. for 325,000 SF at 2929 Venture Dr., Janesville. This lease is contingent upon City and State of Wisconsin incentives. MPC intends to create 90 new jobs within three years and would like to begin production by May 1, 2012. Capital investment at the above facility is estimated over $2.0 million. The City of Janesville issued an “Occupancy Permit for this leased space on March 23, 2012. On January 9, 2012, the City Council adopted Resolution 2012-879 which provided for a $225,000 forgivable TIF loan to Helgesen Development on behalf of MPC. These funds were to be used for tenant improvements at 2929 Venture Dr. In order to be competitive relative to other incentive offers, an additional incentive in the amount of $103,500 for job creation is recommended based on discussions with the Council to be added to the Janesville proposal bringing the total incentive package to $328,500. These funds will also be spent on MPC tenant improvements at the above address. A TIF Development Agreement has been signed by both Helgesen Dev. and MPC. Helgesen Dev. will guarantee the above job commitments relative to the TIF loan forgiveness. MPC will reimburse Helgesen for any related costs should job commitments be missed. MPC (www.mpc-inc.com) is a manufacturer of thermoplastic components and is a Tier 1 supplier to the auto industry. The company has several Wisconsin operations (Richland Center, Prairie du Chien and Delavan) as well as Morrison, TN, Southfield, MI, Nogales, AZ and Santa Ana, Sonora Mexico. The company has over 1,400 employees with 1,000 in Wisconsin. City Manager’s Recommendation The City Manager recommends approval. Economic Development Director’s Recommendation I recommend that the additional TIF forgivable loan funds of $103,500 be added to the existing TIF proposal of $225,000 for a total forgivable loan package of $328,500. This is based on  The creation of 90 new jobs in Janesville within three years with salaries and benefits consistent with other manufacturing jobs in Janesville.  A potential capital investment of more than $2.0 million by MPC during this time frame.  This has/will create a positive economic development event and media opportunity for the city and provide continuing evidence that Janesville is recovering and diversifying its employment base. Suggested Motion I recommend that the City Council adopt Resolution 2012-891. Analysis These funds will be taken out of TIF 22. Including the above incentive increase, TIF 22 is expected to breakeven in year 17 (2015) and by its final year (2020) it is projected to have a $4.4 million surplus. cc: Eric Levitt Jacob Winzenz Resolution 2012-891 A Resolution Approving a TIF 22 Development Loan Agreement and Promissory Note With Miniature Precision Components for $103,500 WHEREAS, the Common Council of the City of Janesville created Tax Incremental Finance District No. 22 in accord with Wisconsin’s Tax Increment Financing Laws, Wis. Stats. Sec. 66.1105 and other applicable statutes, as from time to time amended or renumbered, in order to stimulate the development and redevelopment of industrially zoned properties; retain and increase employment; construct, renovate and expand industrial facilities; and otherwise provide for the overall economic health, welfare, vitality, and good of the community; and WHEREAS, the Project Plan for TIF District 22 includes industrial and manufacturing development and redevelopment, improvements, facility construction, expansion, and renovation, job retention and creation, and related financing, incentives, payments, loans, and actions that effectuate and/or facilitate these public purposes and goals; and WHEREAS, Miniature Precision Components (MPC) is a thermoplastic manufacturer and Tier 1 supplier to the auto industry, conducting its principal business at 820 Wisconsin St., City of Walworth, County of Walworth, State of Wisconsin, has signed a twelve (12) year lease with Helgesen Development for 325,000 sq. ft. at 2929 Venture Dr., Janesville (“Facility’), contingent upon City and state incentives. MPC intends to create 90 new jobs within three years and would like to begin production by March 31, 2012. Job estimates include 46 new jobs in Year 1, 27 in Year 2 and 17 in year 3. Capital investment at the above facility is estimated at $2.3 million over the three year period; and MPC currently employees over 1,400 persons with 1,000 in Wisconsin; and WHEREAS, MPC promises to upgrade and renovate operate the Facility, create and maintain new employment at its Janesville Facility, and otherwise benefit and add value to the City, TIF District, and the City’s tax base, and has requested forgivable TIF 22 loan in the amount of One Hundred Three Thousand, Five Hundred and 00/100 Dollars ($103,500), upon the terms, in the manner, and otherwise in consideration of a standard Janesville TIF economic development forgivable loan, the terms and provisions of which are reiterated and incorporated herein by reference as if fully set forth verbatim, with TIF 22 projected to break-even in Year 17 (2015) and by its final year (2020) it is projected to have a positive balance of $4.4 million; and WHEREAS, there are currently sufficient positive fund balances in the TIF District 22 improvement and overall project accounts, and these expenditures fall within the allowable time and scope for said Development Agreement and expenditures; and WHEREAS, the Common Council hereby find that the City Administration has negotiated the TIF Development Loan Agreement and Promissory Note with MPC upon terms, conditions, promises, obligations, provisions, and purposes, consistent with the best interest of and benefit to the City, all applicable laws, and Common Council industrial and economic development policies, goals, objectives, and directives. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Janesville that: 1. Each and every of the above recitals are reiterated and incorporated herein by reference as if fully set forth verbatim; and 2. The City’s standard MPC Development Loan Agreement and Promissory Note once finalized are also reiterated and incorporated herein by reference as if fully set forth verbatim; and 3. The MPC TIF 22 Development Loan Agreement and Promissory Note, and all expenditures, terms, conditions, promises, obligations, and provisions set forth therein are hereby found to be in the best interest of, and for the benefit of, the City, and, therefore, are hereby both authorized and approved, as from time to time amended by the City Manager; and 4. The City Manager and/or his designee(s) is/are hereby authorized to execute, enter into, and effectuate the TIF 22 Development Loan Agreement and Promissory Note with MPC on behalf of the City of Janesville; and BE IT FURTHER RESOLVED, that the City Manager and/or his designee(s), on behalf of the City of Janesville, is/are hereby authorized to administratively negotiate, draft, execute, review, enter in, modify, amend, record, file, and otherwise effectuate the above agreements and promissory note, and/or to make and enter into any and all other agreements, contracts, documents, papers, and forms, and/or to take whatever other actions that the City Manager and/or his designee(s) may, from time to time and at any time, determine necessary and/or desirable to effectuate the above transactions, agreements, and/or above all the intent and/or purposes of this Resolution. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Dongarra-Adams 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: Economic Development Director Prepared by: City Attorney DUM POLICE DEPARTMENT MEMORAN April 4, 2012 TO: City Council FROM: Dan Davis, Deputy Chief of Police SUBJECT: Consideration, deliberation, and action upon a recommendation of the Alcohol License Advisory Committee to suspend live entertainment for 120 days at The Back Bar LLC (e/b/a The Back Bar) Class B alcohol licensed premises: 1901 Beloit Avenue At their April 3, 2012 meeting, the ALAC Committee had an appearance with Mr. Robert Kerman d/b/a the Back Bar regarding regarding two recent incidents that occurred at his establishment. On February 12, 2012, officers from the Janesville Police Department were assigned to Mercy Hospital to investigate a report of a sexual assault. The victim reported being sexually assaulted inside of the Back Bar after the bar has closed. There was clear evidence that sexual activity had taken place however, the investigation ultimately showed that one element of the offense, non- consent, could not be proven so no charges resulted. The investigation did show that the incident occurred as reported, in the bar after hours. On March 24, 2012, officers from the Janesville Police Department were assigned to a shots fired call at the Back Bar at 1:22 a.m. The bar had hosted a big name hip-hop act. A fight broke out inside the bar that was quickly moved outside. At one point one of the combatants went to their vehicle grabbed a gun and fired one round. No one was injured, there was no property damage and no shell casings were recovered. In an attempt to discuss these incidents over the phone with Mr. Kerman and again during the ALAC meeting, Mr. Kerman minimized the severity of these incidents and his level of responsibility in controlling incidents in and around his bar. A check of the schedule of future live acts planned at the Back Bar for 2012 include several hip- hop acts, a burlesque show put on by a XXX adult film actress and a reggae event on April 20, 2012 that promotes marijuana usage. ALAC Recommendation: At the April 3, 2012, ALAC meeting the Committee voted unanimously to forward a recommendation of a 120 day moratorium on live entertainment at the Back Bar located at 1901 Beloit, Ave., Janesville, WI. The following information is the basis for the recommendation. Suggested Motion: I move to suspend live entertainment for Back Bar, located at 1901 Beloit Ave., Janesville, WI for 120 days. Attachment: April ALAC meeting minutes cc: Eric Levitt, City Manager Jacob J. Winzenz, Director of Administrative Services 1 City of Janesville Alcohol License Advisory Committee Meeting Minutes April 3, 2012 No. 586 The regular meeting of the Alcohol License Advisory Committee (ALAC) was called to order at 8:00 a.m. th Tuesday, April 3, 2012, in the City Municipal Building, 4 Floor, Room 416, by Committee Chair Schreier. Present: Committee Members Bordwell, McDonald, Schreier, and Smillie. Absent: Committee Member Kulinski. Administration: Deputy Chief Davis. A. Approval of Minutes. The March 6, 2012 minutes were unanimously approved. B. Request and Comments from the Public regarding items on the agenda not requiring a Public Hearing. No one appeared. C. Application for Operator’s License by Stacey L. Fanning. Ms. Stacey Fanning appeared on behalf of this license application. Deputy Chief Davis stated the application was denied due to a felony theft charge and she is currently on probation. Ms. Fanning stated that her probation officer is in support of her receiving her license. Ms. Fanning stated that the charges were not alcohol or drug related. After discussion, Committee Member Smillie moved to approve the application, seconded by Committee Member McDonald and passed unanimously. D. Appearance of Robert Kerman d/b/a The Back Bar . Mr. Kerman appeared on behalf of said license. Deputy Chief Davis stated that Mr. Kerman was requested to appear due to two recent incidents that occurred at his establishment. The first, an after- hours incident and then a shot fired incident. Mr. Kerman indicated that he does not know what started the fight however there were two 6”10” gentlemen that started fighting inside the bar and were escorted out of the establishment. Then he heard someone yell “shot fired”. Apparently the one patron walked out to his car parked on Kellogg Avenue and pulled out a weapon, said something, and shot one time. Mr. Kerman stated that for seven years he has not had one incident at his establishment and feels this is an isolated case. Committee Chair Schreier asked about the atmosphere that evening and Mr. Kerman said it was excellent, sales were up, patrons were happy, and he made a lot of money. Committee Member Smillie asked what the act was that night and Mr. Kerman stated it was Young Drill. Mr. Kerman stated that the police were not notified in advance of this event because the promoter of the event, Apollo had five Stateline Security Officers on location. Mr. Kerman said that they had their own security inside as well. Mr. Kerman stated that usually once a month he has a rock act and a hip hop act. Mr. Kerman stated that his establishment has had very few fights or problems over the years. Deputy Chief Davis stated that from a law enforcement perspective there are concerns and take issue with Mr. Kerman’s positions on many points that he made. Mr. Kerman was not open for discussion regarding solving issues. Deputy Chief Davis stated that his position is that if Mr. Kerman is bringing in acts that require armed security that is a red flag for the police. In addition, Mr. Kerman commented that had the police department been there to supply security for him this incident wouldn’t have happened indicates to Deputy Chief Davis that Mr. Kerman is unwilling to accept responsibility for his establishment and expects the police department to provide security for his establishment because he is unable to control it. While we are all about community safety we are providing service for 62,000 people and for us to provide private security for Mr. Kerman while he brings in acts that he is not able to control is not reasonable. Deputy Chief Davis stated that our recommendation to the committee is that The Back Bar be suspended from having live entertainment for a period of time. Mr. Kerman stated that he takes full responsibility for what happens inside his bar however he feels he doesn’t have any control over what happens outside. Mr. Kerman stated that they are a 21 Up Club with live music and to restrict them from having live bands is ridiculous, since he’s had one incident in eight years. Deputy Chief Davis stated that the concern of the police department is not the way Mr. Kerman handled the incident. He stated he has concerns about his ability to control the music venues that he brings in. Committee Chair Schreier stated that his first thoughts are that yes this is the first incident of this kind at this establishment however the lack of knowledge in the workings internally is troubling. Committee Chair Schreier feels that an Internal review of policies and procedures during a suspension period would be good. Normally an establishment will start out with smaller incidents and escalate to larger incidents where this went from no incidents to shots fired so it is something that requires decisive action because there are some things going on that took it from point A to point D really quick. If we do not take action the ability to bring it back to point A may be lost. Committee Member Bordwell has concerns about the type of acts that Mr. Kerman is bringing in and the lack of communication between him and the police department. There is a disconnection right now. Committee Member Bordwell suggests that Mr. Kerman be more particular in the selecting acts and possibly deny some that may require security. Deputy Chief Davis stated that the second incident involved having patrons in the bar after hours. Mr. Kerman stated that this occurred one evening when a patron came in with two females. They were very drunk, sloppy, half naked, and indicated that the females were strippers. Mr. Kerman stated he couldn’t get rid of them. He didn’t want to call the police on them. He stated he didn’t serve them any liquor, or take any money from them. One of the girls went home and her boyfriend saw marks on her and they went to the emergency room. Mr. Kerman stated that these two girls were playing with each other. Two months later he got a ticket in the mail for customers after hours. Mr. Kerman stated that he let them stay while they sobered up and got their stuff together. Mr. Kerman stated that he was unclear what the rules are on after hours. Deputy Chief Davis said there was sexual activity that took place after hours in the bar and it was a live sex show for the male patron and Mr. Kerman. The male patron called Mr. Kerman and told him he was on his way to the bar with two strippers. They got on the couch and this female tells us that there was an abundance of alcohol and powdered cocaine provided for them and they put on this sex show and the male patron had photographs of it on his phone and reported to us that Mr. Kerman was right there with him watching it. Deputy Chief Davis stated that it was 6:00 a.m. when the female reported to police that she got home. Deputy Chief Davis stated, so to again minimize the situation and minimize accountability is troubling to us. Committee Member Smillie stated that more direct outreach and communication with the police department is in order and feels a suspension may be in order. This is a struggle as there are components that we have seen with other bar owners that are lacking here, lack the confidence. Committee Member McDonald asked Mr. Kerman if there was an after-hours sex show. Mr. Kerman stated no it was two girls making out with each other. Committee Member McDonald stated that Mr. Kerman indicated that they came in they fell asleep on the couch. He asked Mr. Kerman if he lied to the committee and if they fall asleep on the couch. Mr. Kerman stated that he saw the two girls making out and told them to get out. I should have been more demanding about getting them out. Committee Member McDonald stated so they didn’t come in and fall asleep on the couch. Mr. Kerman stated that one girl was absolutely sleeping. Committee Member McDonald stated “So now one of them was sleeping not both, I can’t believe anything you are saying I suggest you get everything straight before you go in front of City Council”. Council Member McDonald made a motion to forward a recommendation to suspend live entertainment for 120 days for said license establishment. Committee Chair Schreier seconded the motion and it passed unanimously. E. Request and Comments from the Public on Matters affected by Committee Action. No one appeared. Matters not on the Agenda. Deputy Chief Davis presented the Janesville Police Department March alcohol incident report. The Committee reviewed the license quota report and temporary licenses issued. Deputy Chief Davis stated that there was a significant incident in the parking ramp across from Quotes a couple of folks were confronted by another individual over a drug deal from 2007. One of the guys was punched and broke his jaw in three places and required surgery. This would not be fair to attribute this incident to Quotes although they were patrons of Quotes. We are still waiting for DCI and their analysis with the Quotes incident and had conversation with Denise Carpenter. Committee Member Schreier moved to adjourn at 9:30 a.m. and passed unanimously. The next meeting th will be at 8:00 a.m. on Tuesday, May 1, 2012, in the City Municipal Building, 4 Floor Council Chambers. Minutes submitted by: Julie Shadel JANESVILLE TRANSIT SYSTEM MEMORANDUM March 28, 2012 TO: City Council FROM: Transit Director Ordinance 2012 - 516; Revising the Regular Bus Fare Rates to SUBJECT: Establish Fares for Janesville-Milton-Whitewater Commuter Bus Service. Executive Summary: Chapter 10.76 of the Code of General Ordinances establishes the fares to be charged to customers for the use of the Janesville Transit System. Fares are established by Ordinance to provide a legal basis for the charges for service made on the Transit System; and to ensure that the citizens’ elected representatives review and approve the amounts being charged, as for any municipal service. Bus fares are reviewed and the Ordinance amended from time-to-time, generally in conjunction with the annual budget review. This is done both to ensure that bus riders are paying their fair share of the cost of operating the system, and to make certain that the fares being charged are generally within citizens’ ability to pay. In addition, the institution of new programs or services by the Transit System may also trigger an Ordinance revision as fares are established for the new service. That is the case at this time, and the reason that Ordinance 2012-516 is being presented to you. This Ordinance establishes sub-paragraphs M and N of Section 10.76.020 to establish fares for the Janesville-Milton-Whitewater commuter service. The format and language of these sub-paragraphs follows that of sub-paragraphs H and I of this Section, which establish the fares for the “Beloit-Janesville Express”, which like these fares, are distance-based and divided into separate zones. Zoned fares are typical in the public transit industry, particularly in larger cities or on commuter services where longer distances are covered. The relationship between distance travelled and a fare that recognizes that operating cost increases with the length of the route is a simple concept that is generally accepted. For example, the one-way cash fare from Janesville to Beloit is $3.00 for a trip of about 12 miles, while the proposed one-way fare from Janesville to Whitewater is $4.00 for a 21 mile trip. Department Recommendation: It is recommended that this item be introduced and be scheduled for a public hearing and action at the April 23, 2012 City Council meeting. City Manager Recommendation: The City Manager concurs with the department recommendation. Discussion: Fare Zones: On the Janesville-Milton-Whitewater service, as with the Beloit- Janesville Express, passengers travelling on this route whose trip lies completely within the Janesville City limits will pay the regular $1.50 in-city fare. This includes those portions of the City which extend north along WI-26 toward Milton. Beyond this point, the two external fare zones described in sub-paragraphs M and N take effect. The “Milton” fare zone includes those areas served by the route within either the City or Town of Milton, from the southern boundary of the Town to its eastern boundary. The “Whitewater” fare zone described in sub- paragraph M includes all areas east of the Town of Milton, extending to the northern and eastern limits of the City of Whitewater. Bus Passes: As with the “Beloit-Janesville Express”, JTS will offer multi-ride passes to customers using the Janesville-Milton-Whitewater route. Aimed at the commuter market, the passes offer 10 rides (basically one week’s commute) at a set fee which rewards the customer for purchasing multiple rides in advance by lowering the cost per ride. The City gets the full purchase price immediately, with the rides taken over a longer period of time. The proposed Ordinance again mimics the existing policy on the “Beloit-Janesville Express” by offering 10 ride passes for both the Milton and Whitewater fare zones. These passes will be offered for sale at all current JTS pass outlets. The Transit System is also discussing pass sales on-site at Generac with officials there; with the potential for employees to purchase passes by pre-tax payroll deduction, resulting in a further real dollar savings to the purchaser. Tracking Ridership and Revenues: The Transit System maintains on-going records of bus ridership and revenues received so that the results of operations can be tracked on a monthly basis. As with the Beloit-Janesville Express, a route-specific report sheet is filled-out by the bus driver for each run operated, tracking the number of passengers carried, where they boarded and alighted from the bus, and the fares collected by type. This level of detail allows us to measure the performance of the route against projections. th Transit System staff will be present at the Council meeting on April 9 to answer Councilmembers’ questions on this Ordinance. cc: City Manager Assistant City Manager/Director of Administrative Services Director of Neighborhood Services ORDINANCE NO. 2012-516 An ordinance revising the regular bus fare rates for the Janesville Transit System, with a penalty as set forth in JGO 10.76.030. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Section 10.76.020 of the Code of General Ordinances of the City of Janesville is hereby amended by the addition of a new sub-paragraphs M and N to the existing sub A through L, to read as follows: 10.76.020 Bus fares—Regular fare rates. “ The regular fare rates that shall be charged by the Janesville Transit System are as follows: M. $4.00 per ride or 10 rides for $36.00 when the 10 rides are purchased as a pass for travel on the Janesville-Milton-Whitewater route to any location within the City of Whitewater, Wisconsin, but not including transfer privileges to the Whitewater Shared-Ride Taxi System city service; except that persons who qualify for reduced fares as outlined in subsection A of this section are entitled to ride for one half of the regular price. N. $1.90 per ride or 10 rides for $17.00 when the 10 rides are purchased as a pass for travel on the Janesville-Milton-Whitewater route to any location within the City or Town of Milton, Wisconsin; except that persons who qualify for reduced fares as outlined in subsection A of this section are entitled to ride for one half of the regular price. SECTION II. The above fare rates shall take effect on April 29, 2012, and shall remain in effect until modified as provided in Section 10.76.010. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Ney 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: Tim Wellnitz, Assistant City Attorney Proposed by: Transit Director Prepared by: Transit Director