Full Agenda Packet
CITY OF JANESVILLE
CITY COUNCIL MEETING AGENDA
MONDAY, July 23, 2012
7:00 P.M.
1. Call to Order and Pledge of Allegiance.
2. Roll Call.
3. City Council meeting minutes of: “C”
A. Special meeting of July 9, 2012.
B. Regular meeting of July 9, 2012.
4. Licenses; and Recommendations of the Alcohol License Advisory
Committee. (Refer to separate agenda.) “C”
5. Motion to approve final Certified Survey Map #12006-C, Greg Hanson,
2 lots along Beloit Avenue. “C”
6. Financial statement for the month of June, 2012. “C”
7. Authorization for the Administration to approve a worker compensation
death claim of John Somerville’s estate. “C”
8. Authorization for the Administration to deny a liability claim from Phyllis
Schemehorn in the amount of $6,000.00. “C”
9. Authorization for the Administration to approve a liability claim from Alliant
Energy in the amount of $6,142.74. “C”
10. Special recognition: Action on a proposed resolution in commendation of
Michael J. Gensler’s service to the City of Janesville. (File Res. No. 2012-925)
OLD BUSINESS
1. Requests and comments from the public regarding items on the Agenda not
requiring a public hearing.
2. Report from Sidewalk Task Force Committee and possible action on suspended
2012 sidewalk program.
-----------------------
“C” – This designation indicates an item that the City Council will take up under a
Consent Agenda.
City Council Agenda – July 23, 2012
Page 2
NEW BUSINESS
1. Update on Emerald Ash Borer (EAB) in Janesville.
2. Action on a proposed advertising policy addendum to the Rock Aqua Jays Water
Ski Club, Inc lease agreement.
3. Authorization for the Police Department to accept an Office of Justice Assistance
Grant entitled Truancy Prevention: Teaming for Janesville’s Youth.
4. Introduce and schedule a public hearing on a proposed ordinance permitting the
sale, possession, and consumption of fermented malt beverages, fermented malt
beverage based wine coolers, wine, champagne, and intoxicating liquor in certain
designated areas at the Tallman House, Helen Jeffris Wood Museum Center,
and associated grounds. (File Ord. No. 2012-517)
5. Requests and comments from the public on matters which can be affected by
Council action.
6. Matters not on the Agenda.
7. 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.
JOINT WORKSHOP
BELOIT AND JANESVILLE CITY COUNCILS
JULY 9, 2012
VOL. 63
NO. 9
The joint workshop of the Beloit and Janesville City Councils was held at The Armory on July 9,
2012. The meeting was called to order by Council President Voskuil at 5:30 PM.
Janesville Councilmembers Present: Council President Voskuil, Councilmembers Dongarra-
Adams, Kealy, Liebert, Severson and Steeber. Absent: Councilmember Farrell.
Rock County Economic Development Update
The Economic Development Directors for Rock County provided an overview of their Rock
County Ready Campaign. The campaign includes ramped up media and public relations,
enhanced messaging and targeting specific markets. It highlights the positive attributes of Rock
County with direct advertising, media and public relations kits. The information is targeted in
Illinois with an emphasis in the downtown area and airport.
Update on Joint Services Delivery and Collaberation
Assistant City Manager Winzenz and Beloit City Manager Arft provided information on
collaborative services between the cities including: a variety of Police and Fire programs, joint
purchasing in Public Works, joint advertising for transit services, and partnerships in various
Community Development programs. The Cities continue to explore and work on other areas that
collaboration would be of benefit to both communities.
There being no further business, Councils adjourned at 6:30 PM. These minutes are not official
until approved by the City Council.
Jean Ann Wulf
Janesville City Clerk-Treasurer
PROCEEDINGS OF THE CITY COUNCIL
CITY OF JANESVILLE, WISCONSIN
REGULAR MEETING
JULY 9, 2012
VOL. 63
NO. 10
Regular meeting of the City Council of the City of Janesville held in the Municipal Building on July
9, 2012. The meeting was called to order by City Council President Voskuil at 7:00 PM. Council
President Voskuil led the Council in the Pledge of Allegiance.
Present: Council President Voskuil and Councilmembers Dongarra-Adams, Kealy, Liebert,
Severson and Steeber. Absent: Councilmember Farrell.
CONSENT AGENDA
City Council meeting minutes of: Special meeting of June 19, 2012 and Regular meeting of June
25, 2012.
Licenses; and Recommendations of the Alcohol License Advisory Committee. (Refer to separate
agenda.)
Review and accept the 2011 Comprehensive Annual Financial Report (CAFR).
Council President Voskuil stated the above items on the consent agenda would be approved if
there were no objections. There were none.
Bill Boyd and Al Arner, representing The Janesville Conservation Club, presented the Council with
a $1,000 donation to be used for any conservation effort.
Four high schools students participated in the Tim Cullen Internship Program. Natalia Arriaga,
Connie Sheedy, John Muetz and Felicia Arabula introduced themselves to the City Council.
OLD BUSINESS
1. Requests and comments from the public regarding items on the Agenda not requiring a public
hearing. Andreah Briarmoon, 339 S. Locust St., objected to the recent City Council retreat because
of lack of citizen input and city staff participating in the process to set goals. Richard Frank, 1119
Elida St., stated that the permit process is confusing and bureaucratic. Al Lembrich, 541 Miller
Ave., disagrees with the criteria established by the sidewalk committee (NB #1.) Kirk Chapin, 3325
Royal Rd., stated that he is against sidewalks, but if forced to have them, he would like to retain the
right to install them himself (NB #1.)
NEW BUSINESS
1. Report from Sidewalk Task Force Committee and possible action on suspended 2012 sidewalk
program. Carl Weber, Public Works Director; and Dan Warden, Dave Hyde, and Scott Beaver,
committee members; presented the information and recommendations from the committee.
th
Councilmember Steeber moved to approve the recommendation of the sidewalk committee’s July 5
meeting that constructs 12,035 linear feet of sidewalk, seconded by Councilmember Kealy and
passed by the following vote: Aye: Dongarra-Adams, Kealy, Severson, Steeber and Voskuil. Nay:
Liebert. Councilmember Steeber moved to direct the committee to use filters for rankings below 35,
seconded by Council President Voskuil. Council President Voskuil withdrew her second. The
committee was directed to continue the process, to review and recommend which additional
sidewalks should be on the 2012 sidewalk program and determine the ranking value where filters
should be applied. They were requested to bring forward their findings at the July 25, 2012 Council
meeting.
2. Action on a proposed resolution authorizing the City Manager to enter into a contract with
Andres Medical Billing Ltd. and to authorize a 3% increase in resident ambulance rates.
Councilmember Steeber moved to adopt said resolution and to authorize a 3% increase in resident
ambulance rates, seconded by Councilmember Liebert and passed unanimously. (File Res. No.
2012-922)
3. Action on a proposed resolution authorizing participation in a Reciprocal Mutual Aid Fire/EMS
Protection Agreement. Councilmember Steeber moved to adopt said resolution, seconded by
Councilmember Severson and passed unanimously. (File Res. No. 2012-923)
4. Requests and comments from the public on matters which can be affected by Council action.
Andrea Briarmoon, 339 S. Locust St., suggested eliminating the Assistant City Manager position
and having a citizen budget committee. Peter Apted, 324 S. Academy St., stated his concerns
about restrictions and costs of the Green Tier program and suggested that the City can take any
action independent of the program. Al Lembrich, 541 Miller Ave. and Paul Lembrich, 102 N. River
St. spoke against the Green Tier program. Robert Remillard, 536 S. Randall Ave., spoke against
agenda 21 which is associated with the Green Tier program. Jim Pardee, 3703 S. Murray Rd.,
disagreed with a recent Gazette editorial which supported the Green Tier program and spoke
against the Green Tier program.
5. Matters not on the Agenda. No one spoke.
6. Councilmember Steeber moved to motion to convene into closed session, pursuant to
Wisconsin Statute Section 19.85(1)(e), for the purpose of deliberating and setting the negotiation
and bargaining strategies, terms, and conditions for all collective bargaining agreements, since
competitive and/or bargaining reasons require a closed session. The motion was seconded by
Councilmember Liebert and passed unanimously.
There being no further business, Council adjourned at 9:25 p.m. These minutes are not official until
approved by the City Council.
Jean Ann Wulf
City Clerk-Treasurer
JANESVILLE CITY COUNCIL
LICENSE AGENDA
7/23/2012
RECOMMENDED
A. ELECTRICIANS–ORIGINAL
Ronald L. Davis 1116 N. Sumac Dr.
Anthony G. Dubanowich PO BOX 197, Janesville, WI
Timothy A. Stevenson PO BOX 201, Milton, WI
Daniel R. Weaver 210 Kinsey Ct., Evansville, WI
B. SIGN ERECTORS– ORIGINAL
th
Bauer Inc. d/b/a Bauer Sign Company 2500 S. 170 St., New Berlin, WI
Sign Art Studio LLC 126 S. First St., Mt. Horeb, WI
C. SECONDHAND ARTICLE DEALER–ORIGINAL
THR & Associates Inc. 3200 Pleasant Run, Springfield, IL
Community Development Department Memorandum
July 12, 2012
TO: Janesville City Council
FROM: Brad Schmidt, AICP, Associate Planner
SUBJECT: Final CSM 12006-C, Greg Hanson, 2 Lot CSM along Beloit
Avenue.
SUMMARY
Greg Hanson is submitting this two lot survey located on the west side of Beloit
Avenue, north of Conde Street and South of Freedom Lane. The survey consists
of one parcel which contains a non-conforming single-family home. The parcel is
located within the M1, Light Industrial District. The applicant is proposing to split
the parcel into two lots which would separate the single-family home from
balance of the industrial zoned property in the rear of the subject parcel. The
owner intends to further develop Lot 2 with multiple detached storage buildings.
The area of the survey is approximately 1.3 acres.
DEPARTMENT RECOMMENDATION
The Community Development Department and Plan Commission recommend
that the City Council authorize the use of a flag lot configuration for Lot 1 and
vary the width of the flag lot stem from a minimum of 30 feet to 20.56 feet and
then approve CSM 12006-C subject to the following conditions:
1. Payment of any outstanding special assessments or taxes owed (the
applicant should contact the City Clerk’s office regarding this item).
2. Addition of utility easements as requested by the City Engineering
Department and utility companies having rights to serve the area
during review of the final survey.
3. The final CSM must delineate any existing buildings or other structural
improvements.
CITY MANAGER’S RECOMMENDATION
The City Manager defers to the Plan Commission recommendation.
SUGGESTION MOTION
A motion to approve Final CSM 12006-C subject to the conditions listed under
Department Recommendation in this report.
ANALYSIS
A. The lots within the survey are zoned M1, Light Industrial District. The
proposed lots generally satisfy the requirements of the Zoning and
Subdivision Ordinances; however, Lot 2 requires frontage on Beloit Avenue
which would create a flag lot. Flag lots are not allowed by the Subdivision
Ordinance unless, in the opinion of the Plan Commission, there are no other
reasonable alternatives. In addition, the Subdivision Ordinance recommends
the width of a flag lot stem to be no less than 30 feet. The proposed survey
includes a flag lot stem for Lot 2 that is 20.54 feet in width. The Plan
Commission maintains the authority to vary this requirement if there is
sufficient cause to support the reduction. The Plan Commission allowed the
creation of a flag lot and varied the width of the flag lot stem to less than 30
feet. The final site plan includes a 24-foot access easement which represents
the historic driveway on the site.
B. The property has not previously been surveyed and no utility easements are
shown on the survey. The final survey must include easements as requested
by the City Engineering Department and utility companies having rights to
serve the area. The requisite note regarding use of those easements is
already shown on the survey. A 40-foot half right-of-way for Beloit Avenue is
dedicated with this survey.
C. Sidewalks have previously been constructed along Beloit Avenue frontage of
both lots.
D. Based on past practice, this survey is not subject to the parkland dedication
requirements since the property is zoned for industrial use.
PLAN COMMISSION ACTION – July 2, 2012
The Plan Commission unanimously agreed to forward CSM 12006-C to the City
Council with a favorable recommendation.
cc: Eric Levitt
Jay Winzenz
ADMINISTRATIVE SERVICES MEMORANDUM
July 9, 2012
TO: City Council
FROM: Tim Wellnitz, Assistant City Attorney
SUBJECT: Authorization for the Administration to Deny a Liability Claim from
Phyllis Schemehorn in the Amount of $6,000.00.
On May 9, 2012, a sewer back-up occurred at 2807 Blackbridge Road. The
residence is owned by Phyllis Schemehorn.
On May 30, 2012, a claim was received from Phyllis Schemehorn for property
damage in the amount of $6,000.00.
After investigating this incident, and with the concurrence of the City’s Insurance
Claims Representative at Cities & Villages Mutual Insurance Company (CVMIC),
it has been determined that the City should deny this claim.
Resolution 89-1175, establishing our claims administration procedure, states in
section 4.3a:
The City Claims Administrator shall review, investigate, verify and
within ninety (90) days of receiving such claim, prepare and forward
a written recommendation to the Common Council for its review,
consideration, and action each and every claim in face amount
greater than Five Thousand Dollars ($5,000).
I recommend that the City Council deny by consent and authorize the
Administration to deny the claim received on behalf of Phyllis Schemehorn in the
amount of $6,000.00.
cc: Eric Levitt, City Manager
Jacob J. Winzenz, Director of Administrative Services/Assistant City Manager
CITY ATTORNEY’S OFFICE MEMORANDUM
July 9, 2012
TO: City Council
FROM: Tim Wellnitz, Assistant City Attorney
SUBJECT: Authorization for the Administration to Approve a Liability Claim
from Alliant Energy in the Amount of $6,142.74.
On July 5, 2011, a City of Janesville trash truck allegedly backed into and caused
damage to a utility pole at the corner of Milton Avenue and North Lexington
Drive, causing property damage to Alliant Energy.
On May 17, 2012, a claim was received from Alliant Energy for the property
damage in the amount of $6,142.74.
After investigating this incident, and with the concurrence of the City’s Insurance
Claims Representative at Cities & Villages Mutual Insurance Company (CVMIC),
it has been determined that the City should approve this claim.
Resolution 89-1175, establishing our claims administration procedure, states in
section 4.3a:
The City Claims Administrator shall review, investigate, verify and
within ninety (90) days of receiving such claim, prepare and forward
a written recommendation to the Common Council for its review,
consideration, and action each and every claim in face amount
greater than Five Thousand Dollars ($5,000).
I recommend that the City Council approve by consent and authorize the
Administration to approve the claim received from Alliant Energy in the amount of
$6,142.74.
cc: Eric Levitt, City Manager
Jacob J. Winzenz, Director of Administrative Services/Assistant City Manager
HUMAN RESOURCES DIVISION MEMORANDUM
July 11, 2012
TO: City Council
FROM: Susan Musick, Human Resources Director
SUBJECT: Retirement Recognition Michael J. Gensler
Executive Summary
At the City Council meeting of July 23, 2012, the following retirement
commendation will be considered under the consent agenda:
1. Michael J. Gensler for almost twenty-four years of service with the City of
Janesville (File Resolution Number 2012-925).
Michael will be attending the July 23, 2012, Council meeting.
Michael began working for the City of Janesville on August 8, 1988, as
an Operations Supervisor in the Janesville Transit System. He was
promoted to the position of Assistant Transit Director on October 26,
1991.
Michael’s retirement date was July is, 2012.
Recommendation
Staff recommends adoption of File Resolution 2012-925.
1
RESOLUTION NO. 2012-925
Whereas, Michael J. Gensler is retiring from City of Janesville employment after
having diligently served the people of the City of Janesville and the community for almost twenty-four
years; retiring as Assistant Transit Director with the City of Janesville Transit System; and
Whereas, during Michael J. Gensler’s employment with the City of Janesville, he
provided exemplary professional service and demonstrated conscientious devotion to the duties of
his position, which he performed with skill and ability, sincerity, honesty, and dedication; and
Whereas, as the result of Mike’s efforts in driver training and attention to detail in
operations, the Janesville Transit System built an enviable record for service reliability to the citizens
of Janesville who depend on JTS, with the system missing only two days of service as the result of
inclement weather in his 24 years of service; and
Whereas, as the result of Mike’s efforts, the Janesville Transit System was twice
judged the most improved system for safety performance in the state of Wisconsin and won the
annual award for the safest system in the state during his tenure; and
Whereas, in addition to his duties at the Transit System, Mike represented the City
on the Board of Directors of Community Action, Incorporated for nearly 4 years, including one year
as Vice-Chairperson of the Board and member of the Executive Committee, helping to ensure the
availability of programs and services to benefit those citizens in the community in greatest need; and
Whereas, it is desired that such commendable service to the City of Janesville be
properly recognized;
Now, Therefore, Be It Resolved that the people of the City of Janesville, through
the City Council, do express their grateful appreciation to Michael J. Gensler for his almost twenty-
four years of loyal public service.
rd
Dated this 23 day of July, 2012.
Motion by:
ADOPTED:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Dongarra-Adams
Eric J. Levitt, City Manager
Farrell
ATTEST:
Kealy
Liebert
Jean Ann Wulf, City Clerk-Treasurer
Severson
APPROVED AS TO FORM:
Steeber
Voskuil
Wald Klimczyk, City Attorney
Proposed by: Human Resources
Prepared by: Human Resources
PUBLIC WORKS DEPARTMENT MEMORANDUM
July 16, 2012
TO: City Council
FROM: Carl J. Weber P.E., Director of Public Works
SUBJECT: Report from Sidewalk Task Force Committee and possible action on
suspended 2012 sidewalk program.
Staff Recommendation
Staff recommends that the Council:
1. Direct that sidewalk be installed in the additional locations recommended
by the Task Force on 7/11/12.
2. Defer all locations which originally received orders for installation in 2012
and have not been reviewed by the Task Force prior to the 7/16/12 City
Council meeting until a future construction year.
City Manager’s Recommendation
The City Manager recommends that the City Council approve the Sidewalk Task
Force’s recommendation to add 5079 linear feet to be installed in the 2012
program year. The specific streets are on the attached spreadsheet. This will
bring to a total of 17,114 linear feet of sidewalk to be installed in 2012.
Any action tonight will close out the 2012 program year. The committee is
beginning to move forward on future sidewalk extensions outlined in the PTCP for
existing neighborhoods. The committee has begun to discuss how the filters will
be used in connection with the ranking system.
Suggested Motion
Move that the sidewalk installation orders for the additional streets recommended
by the Sidewalk Task Force on 7/11/12 be retained with an installation deadline of
8/24/12. Further than any remaining streets from the 2012 program, not reviewed
by the Task force at this time, be deferred from consideration until a future
construction year.
Request
The City Council, at its April 30, 2012 special meeting, adopted Resolution No.
2012-907 which:
1. Delayed the previously established 5/31/12 limit for the installation of
sidewalk abutting certain parcels as identified in Zones 1 and 2 of the
Pedestrian Transportation Corridor Plan (PTCP).
2. Directed that a task force be created to review all aspects of the PTCP and
make recommendations for appropriate modifications thereof.
1
3. Directed that the task force report back to the Council with its
recommendations as they affect the 2012 sidewalk program in time for the
July 9,2012 Council Meeting.
The City Council, at its July 9, 2012 meeting, accepted the recommendation of the
Task Force to retain 10 specified blocks in the 2012 sidewalk program, resetting
the installation deadline from the previously deferred date of 5/31/12 to 8/10/12.
Those blocks are highlighted in yellow on Attachment A. The City Council further
directed the Task Force to continue to review the remaining locations from the
2012 program and to report any additional recommendations at the next City
Council meeting.
Background
The Task Force met on 7/11/12 during which time they:
1. Discussed the consensus process.
2. Worked on developing objective standards to the subjective filters which
were previously developed to deal with extenuating circumstances which
may impact the criteria based ranking process.
3. Recommend five additional blocks for retention in the 2012 program. Those
blocks are highlighted in blue on Attachment A.
4. While determining to continue the review of all of the streets included in
Zones 1 and 2, agreed that the remaining streets from the 2012 program
cannot be completed in 2012 if recommended to the Council after the
7/23/12 Council meeting. Therefore, it is recommended that any remaining
streets from the 2012 program, not yet reviewed be deferred to a future
program if they are eventually determined to be retained in the sidewalk
plan.
cc: Eric Levitt, City Manager
Jacob J. Winzenz, Assistant City Manager/Dir. of Administrative Services
2
Attachment A
7/16/2012
Janesville Sidewalk Task Force
Sidewalk Priority Ranking Table
LimitsSidewalk RankingsRecommendations
#
Total Rank
StreetFrom StreetTo StreetStreet ClassSchoolTransit StopGapsPublic FacilitiesPopulationAccidentsConstructionInstallation YearLengthRetain Per Council 7/9/12ModifyRecommend per Task Force
7/11/12DeleteComments
1
WrightSkyviewBrunswick20201015100075120121355R
2
PrincetonPark ViewStuart02010151015070120121095R
3
StuartSuffolkWright0151015101506512012365Defer vacant lots until developed
4
WrightRugerSkyview201510010005512012875R
5
Wuthering HillsPark ViewEastridge151501510005512012445
6
WrightPalmerEnterprise2001015100055120122657R
7
SkyviewBeacon HillMargate1520100100055120121393R
8
SkyviewMargateTudor15155155005512012818R
9
Wuthering HillsSkyviewWilshire15150155005012012810
10
WrightEnterpriseRacine200101550050120122417R
11
SkyviewWrightBeacon Hill151510010005012012468R
12
SuffolkStuartMilwaukee015101510005012012935MMove to East Side & hold for future notice
13
Wuthering HillsEnterpriseRacine150515100045120121162
14
RugerBrakefieldRoyal200100100040120121478R
15
WrightCanterburyPalmer20010010004012012796R
16
WrightRugerCanterbury200100100040120122130RDefer vacant lots until developed
17
RugerWrightRoyal20010010004012012183R
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LimitsSidewalk RankingsRecommendations
#
Total Rank
StreetFrom StreetTo StreetStreet ClassSchoolTransit StopGapsPublic FacilitiesPopulationAccidentsConstructionInstallation YearLengthRetain Per Council 7/9/12ModifyRecommend per Task Force
7/11/12DeleteComments
18
ChelseaWoodhallPark View02010010004012012707
19
WoodhallSussexWright02010010004012012418
20
WoodhallSuffolkSussex02010010004012012270
21
SussexSussexWoodhall02010010004022015746
22
GreendaleGreendale CtWoodhall02010010004012012500
23
GreendaleSussexGreendale Ct02010010004022015945
24
Wuthering HillsWilshirePark View15150010004012012647
25
Wuthering HillsEastridgeBristol15150010004012012274
26
SuffolkWalkwaySussex01510010003512012864D
27
GreendaleGreendaleSussex01510010003522015552
28
MorningsideLaramieAudubon01510010003522015791
29
PalmerBrakefieldWright150100100035220161529
30
Wuthering HillsOldwyckSkyview1515005003522015609
31
MidlandMidland600 Block00101510003512012292R
32
SomersetDoverWexford01510010003522015629
33
DoverDoverSussex01510010003522015483
34
RugerI 90-39Greendale2001005003512012730R
35
SuffolkSussexStuart01510010003512012375MMove to East Side & hold for future notice
36
DoverSomersetCul-de-sac01510010003522015260
37
SomersetWindsorDover01510010003522015519
38
MidlandPalmer400 Block0010155003012012427R
39
SomersetWexfordStafford0155010003022015707
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LimitsSidewalk RankingsRecommendations
#
Total Rank
StreetFrom StreetTo StreetStreet ClassSchoolTransit StopGapsPublic FacilitiesPopulationAccidentsConstructionInstallation YearLengthRetain Per Council 7/9/12ModifyRecommend per Task Force
7/11/12DeleteComments
40
SomersetGreendaleWindsor0151005003022015321
41
MargateSkyviewBurnswick020505003012012255
42
MargateBurnswickWilshire020505003012012216
43
WilshireMargateTudor020505003012012928
44
LaramieMorningsideAudubon0151005003022015242
45
Wuthering HillsRugerHearthstone1500010002522015545
46
Wuthering HillsValenciaBordeaux1500010002522015578
47
Wuthering HillsBristolValencia1500010002522015718
48
NantucketAlpineBurnwyck0001510002522015514
49
MargateBryn MawrSkyview015505002522015260
50
Bryn MawrMargateBeacon Hill015505002522015536
51
ExeterSouth WyckOldwyck015505002522015241
52
ExeterOldwyckBeacon Hill015505002522015265
53
WilshireTudorWuthering Hills015505002512012280
54
BrakefieldCanterburyPalmer0010010002022016476
55
SurreyRoyalHampshire0010010002022016466
56
CanterburyYorkshireWright0010010002022016280
57
CanterburyWalkwayYorkshire0010010002022016905
58
CanterburyBrakefieldWalkway0010010002022016747
59
YorkshireHampshireCanterbury0010010002022016321
60
HampshireSurreyYorkshire0010010002022016538
61
HampshireGreenbeltSurrey0010010002022016319
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LimitsSidewalk RankingsRecommendations
#
Total Rank
StreetFrom StreetTo StreetStreet ClassSchoolTransit StopGapsPublic FacilitiesPopulationAccidentsConstructionInstallation YearLengthRetain Per Council 7/9/12ModifyRecommend per Task Force
7/11/12DeleteComments
62
HampshireBrakefieldGreenbelt0010010002022016892
63
RoyalSurreyRuger00100100020220161014
64
Wuthering HillsBordeauxMilwaukee150005002022015285
65
Wuthering HillsHearthstoneSouth Wyck150005002022015249
66
Wuthering HillsSouth WyckOldwyck150005002022015250
67
SummerhillBedfordNantucket000155002022015175
68
BrakefieldRoyalHampshire0010010002022016998
69
BrakefieldRugerRoyal0010010002022016488
70
BrakefieldHampshireCanterbury0010010002022016435
71
MorningsideAudubonMilwaukee0010010002022015281
72
EnterpriseWrightWuthering Hills0010050015220162557
73
GreendaleRugerSomerset001005001522015911
74
SomersetStaffordMilwaukee0010050015220151583
75
PickwickAlpineBurnwyck000010001022015262
76
Wynd TreeNantucketSummerhill000010001022015130
77
NantucketWynd TreeSummerhill000010001022015460
78
HearthstoneSouth WyckWuthering Hills00505001022015451
79
ExeterHearthstoneSouth Wyck00505001022015143
80
BurnwyckPickwickSummerhill000010001022015130
81
SummerhillNantucketWynd Tree0000500522015350
82
LyndhurstLindhurstWalkway0000500522015129
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CITY MANAGER’S OFFICE MEMORANDUM
July 11, 2012
TO: City Council
FROM:Tom Presny, Parks Director
Rebecca Smith, Management Assistant
SUBJECT: Update on Emerald Ash Borer in Janesville
The purpose of this agenda item is to share an update with the City Council concerning
the emerald ash borer (EAB) presence in Janesville; and detail necessary tasks for the
future.
Key Points Regarding EAB
While federal and state government will play a role in public outreach and
education there are neither state mandates nor funding to implement EAB
recommendations.
Local governments are responsible for adopting recommendations and enacting
ordinances regarding EAB.
There are approximately 3,100 ash trees in street terraces and 30,000 ash trees
in parks and on private property. Most of these trees will be dead within 3-5
years.
When ash trees die, they become very brittle and explode/shatter like glass when
they are dropped to the ground.
The best time to remove ash trees is when they are still green and not yet
entirely infested because removal is safer and less costly.
Staff wishes to work proactively with JSTAC to educate the public regarding trees
to plant to increase the diversity of our trees species.
The City can use this infestation to improve the diversification of its urban forest.
The City will need to increase its level of service in regards to forestry to get
through this infestation.
We will likely need to contract with private tree service companies and arborists
to work with city staff to remove ash trees on city-owned property.
We will likely need to hire a city forester or contract with an arborist to assist with
handling this infestation.
EAB IS Here
On June 26, 2012 Janesville received positive confirmation from the State of Wisconsin
of the presence of Emerald Ash Borer (EAB) in a dying ash tree located on private
property north of Craig High School. This detection confirms that this pest has been in
our community for at least the past three years.
What is EAB?
The EAB insect is native to Asia and appears to have been introduced on solid wood
packing material to the Detroit, Michigan area sometime in the early to mid 1990s and
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was officially detected there in 2002. Since then it has spread to nine other states and
Canada. Over 15 million ash trees have been lost in Detroit area alone. While EAB is
not a threat to human health it is 100% fatal to untreated native ash trees regardless of
variety, age, size, or site.
Issue Facing Janesville
Parks developed the attached document to highlight information about EAB and the
issues Janesville will be facing in the next 3-5 years. This plan also brings to light the
policy and budgetary questions the Administration and Council will be facing in the
coming years regarding how to remove all of the ash trees and how to better diversify
our tree species in the future.
EAB Information Available
Residents or businesses with questions concerning EAB are asked to visit the city
website at www.ci.janesville.wi.us/eab. There are FAQs, photos and links to helpful
resources from state and federal EAB experts. Residents may also call Rock County
UW Extension at 757-5696 with questions.
City Manager’s Recommendation
The Park Division has been utilizing various resources including a plan developed by
JSTAC and best practices that have developed and utilized more recently by other
communities who have experienced the EAB impacts. Also, the DNR and other
agencies have provided assistance to the Parks in developing its strategy. This is
meant to be an update and an opportunity for the City Council to provide direction
moving forward.
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Next Steps
The Parks Division plans to take the following steps to continue being proactive with
regards to EAB. The Council can also expect to be involved with budgetary and policy
decisions as staff delves further into EAB issues.
Next Steps Concerning EAB
TaskExpected Completion
Meet with Tree Service Companies to answer
their questions/share information and discuss
disposal options
July 2012
Meet with JSTAC to update them on Janesville's
EAB infestation & request their outreach
assistance
August 2012
Work with J-STAC & UW Extension to educate
property owners of ideas for new tree plantings to
encourage a diverse urban forest
August 2012 - ongoing
Determine a safe location(s) where private
residences and businesses may take ash trees
for disposal.
August 2012
Update city ordinance concerning tree
disease/forestry
September 2012
Purchase & install purple detection trapsSpring 2013
As part of 2013 budget process, determine
capital/note issue and operating budget funds
necessary to start the disposal of stricken trees.
Fall 2012
As part of 2013 budget process, determine
capital/note issue requests to purchase new
street terrace and parkland trees.
Fall 2012
Examine whether hiring a forester staff person is
financially viable and examine contracting options.
Fall 2012
Develop handout/communications for ash tree
owners encouraging them to proactively remove
ash trees & plant diverse species; request
assistance from JSTAC
Fall 2012
Examine disposal/utilitization options for ash treesWinter 2012
Attachments
City ordinances
ISSUES FACING JANESVILLE REGARDING EMERALD ASH BORER
CC: Eric Levitt, City Manager
Jacob J. Winzenz, Assistant City Manager
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ISSUES FACING JANESVILLE REGARDING EMERALD ASH BORER
Purpose
The purpose of this document is to lay out the challenges Janesville will face relative to
Emerald Ash Borer (EAB) prevention, detection, removal, policy, ordinance creation, as
well as budgetary implications. Several policy decisions and budgetary considerations
by the Council will be necessary in the coming months and years.
Goal
The goal of document is to acknowledge, manage, and minimize the ecological,
economic, and aesthetic effects that Emerald Ash Borer will have on public and private
lands in the City of Janesville. The objectives are to minimize the impact of the emerald
ash borer and the loss of ash trees in the urban forest using the best scientific advice; to
limit the physical and fiscal liability imposed by an infestation of EAB; to protect the
community from hazardous trees and conditions; and to maintain the beauty and
efficacy of the urban forest.
Authority
City forestry ordinances relative to addressing EAB are limited and need to be revised
moving forward. Current ordinances will need to be broadened to include all tree
diseases and insects, instead of just Dutch Elm Disease. Current ordinances allow staff
to order the removal of dead or hazardous trees near a street or sidewalk, but are silent
on trees affecting only private property. A policy decision will need to be made in the
form of an ordinance update as to whether the Council desires staff to be able to order
the removal of dead or hazardous trees from private property when they only affect
other private property.
Education and Outreach
Our knowledge of EAB and management alternatives is provided to us by The
Department of Agriculture and Consumer Protection (DATCP), the Wisconsin
Department of Natural Resources (DNR), Rock County UW-Extension and the
Wisconsin EAB Management Team. While federal and state government will play a role
in public outreach and education there are neither state mandates nor funding to
implement EAB recommendations. Local governments are responsible for adopting
recommendations and enacting ordinances, to protect and /or remove ash trees.
The Rock County UW Extension has offered assistance in handling EAB questions from
the public and is willing to meet with homeowners who think their tree may be infected
with EAB. We also plan to request outreach assistance from the Janesville Shade Tree
Advisory Committee (JSTAC) in regards to encouraging the diversification of our tree
species.
Estimated 33,000 Ash Trees
In 2008 it was estimated that Janesville had 3,100 ash trees located on street terraces.
This amounts to 15% of the 24,835 trees along 345 miles of public streets. This
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estimate was generated by the Janesville Shade Tree Advisory Committee (JSTAC).
JSTAC further estimated that in Janesville’s 34.12 square miles there are another
30,000 ash trees, equally divided upon 2,590 acres of city parkland and private
property. With EAB now present most all of these 33,000 trees will be dead before this
insect subsides in the next 3-5 years.
Assessment of Existing Resources & History of Janesville Forestry Programs
EAB is not a "business as usual" tree pest. It kills quickly and thoroughly. It has
overwhelmed the staff & budget resources of most infested communities for several
years as EAB moves through the community. From these experiences we know that
Janesville will need to add resources so that we are adequately prepared to meet this
infestation head on.
DNR forestry staff has stated that Janesville is Wisconsin’s largest community without a
forestry program. Until the 1970s Janesville had a forestry department with trained
staffing, and supporting by specialized equipment. These resources were dissolved
after the City dealt with Dutch Elm Disease. With forestry resources gone city
ordinances were then revised placing abutting home owners with the responsibility for
street tree planting, care, and removal.
Based on 2008 survey sampling, 36% of Janesville’s potential street planting locations
have trees, in comparison to generally accepted forestry goals of 60% of terraces
having trees (Source: Cornell University research recommendation from the 2008
JSTAC inventory report). After EAB removes the 15% ash tree component, our city
streets will diminish to 21% with terrace trees. Further, tree related decisions are left up
to residents often without benefit of education as to proper site placement, tree
selection, tree pruning and related care.
The Parks Division is staffed with 17 fulltime crew members for seven months of the
year. The Operations Division has a staff of 14 employees equipped to work with trees.
All are experienced in tree removal and operation of appropriate equipment. We do not,
however, have adequate forestry equipment for felling, loading, hauling, chipping or
stump grinding for high production tree removal operations. Nor is current crew size and
equipment capability adequate to handle all EAB related tree work even if distributed
over multiple years.
Additional Resources Required
Parks sees resources needed in these areas:
Funds to remove ash trees from city-owned lands, including funding for
contracting with tree service companies; and
Staff to focus on the EAB infestation;
Funds to replenish our urban forest with new species of trees.
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Contracting additional crews of insured tree service professionals, with arborist
certification, will be necessary to remove city-owned trees that are too large, too tall, or
too technical or outside of the range of the city owned equipment.
A staff person that can focus on the City’s forestry needs, whether being a city
employee or contracted arborist, is necessary to lead Janesville’s forestry efforts to
carry out the removal and replanting of thousands of trees throughout the community. If
hiring a staff person for this position is not possible then we must contract this function
with a certified arborist. Prior to this large impending tree loss we have used city staff as
available to handle minor tree-related projects. We now need a forestry budget and
specialized equipment to carry out insect damage identification, requests for and follow
through on tree removals, documentation and ultimately tree replacement. Because of
this infestation, the Parks Division recommends the City increase its service levels in
regards to forestry moving forward into future budget years.
We need to invest in our community’s future and should not accept the loss of all ash
trees without adequate tree replacement to heal what will be many bare parks and
public roadways. Parks recommends the City provide funding for a tree replacement
program.
Finally the City may wish to become more actively involved in managing public street
terraces rather than leaving this duty to the abutting property owner. We have 350 miles
of city streets where tree decisions are left to abutting property owners who may not be
familiar with or value street terrace trees. Interest, however, in actively managing street
terraces is not without time, staffing and funding needs.
2013 budget processParksrecommendations for
As part of the , will be outlining
EAB-related funding.
Detection and Treatment
Detection of EAB is difficult. Typically a tree has been infested for at least 2-3 years
before outward signs of insect damage are noticeable. Small ‘D’ shaped insect exit
holes ultimately exist in the bark of ash trees and serve as the tell tale sign that EAB is
present. Large purple detection traps will be placed community wide to aid in detection.
EAB insects lay eggs on live trees only. Eggs laying starts near the top of the tree, and
with each generation it lowers on the tree, effectively using and infesting the entire tree
from the top down.
EAB infected trees may be chemically treated if the canopy dieback has not reached
50%; once 50% of the canopy dies, chemical treatment will not help. Thus, treating
selected trees to delay an infestation is an option. The cost of treating a tree is based on
its DBH (tree diameter at breast height). The approximate cost is $13/inch every 2-3
years for injections or $3/inch per year for soil drenching. Available current treatment
options must be done to have any hope of keeping the trees protected. It is suggested
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that the goals of insecticide use are to protect selected specimen or heritage trees and
slow the spread of EAB to allow the replacement of ash trees to be spread over a period
of up to ten years rather than complete it in five or fewer years.
Potential Loss of Value
Loss of community ash trees results in a number of costly impacts including loss in
property value associated with aesthetics; cost of tree and stump removal; lawn
irrigation costs; and seasonal increases in heating and cooling costs without the tree’s
shade and protective qualities. One Michigan community reported a 30 percent increase
in water usage because once-shaded landscapes are now baking under the sun. The
community wide loss of value from losing over 30,000 trees will be measured in the
millions of dollars.
Responsibility
The residents of Janesville are responsible for maintaining all public street terrace trees
abutting their property, per City Ordinance. In addition they are responsible for all
privately owned trees on their property.
When ash trees become fully infested and die, they become brittle; fall easily and
shatter like glass. To ensure public safety, the City will need to enact ordinances and
strictly enforce removal of standing dead ash trees. The City will also be responsible for
removal of hazardous dead ash trees in parks and on other public lands, road medians
and frontage roads.
It is recommended that residents who own ash trees should act now. Arborists certified
by the Wisconsin Arborists Association or the International Society of Arboriculture can
guide planning decisions about treatment, removal, or integration using both
approaches. Locally residents can contact the Rock County UW-Extension office at the
Rock County Courthouse for insect identification and education. If you own ash trees,
there is no getting around the fact that EAB will cost you money. Removal of dry and
brittle standing dead ash trees requires much more time and money subject to their
explosive nature when dropped to the ground. The best time to remove ash trees is
when they are green, supple, and not posing a safety hazard.
Disposal and Utilization of EAB Infested Trees
The City will explore wood utilization options including selling of chipped wood; sawing
as lumber; and burning for energy production; to help defer some of the expenses
associated with wood storage, treatment and removal.
The City will provide a safe area for storage and processing of diseased wood removed
by City crews and residents. The likely location of the disposal site will be the clean fill
demolition compost site. It is premature to know if this site alone will suffice to handle
the volume of infected trees.
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A meeting was conducted with area tree service companies and their beneficial
comments will be used in the creation of disposal practices. Janesville will also meet
with area communities (Beloit, Rock County) to discuss cooperation and scales of
economy with regards to joint purchasing or disposal of infected trees.
Lessons Learned from other Communities
It is 30% cheaper to remove a live ash tree compared to a dead dry tree. Dead trees are
tougher on chainsaws, chipping and grinding equipment and may explode/shatter upon
ground impact, thus taking more time to complete the removal and clean up of the tree.
When to Remove Ash Trees
From many reports and documents we have read we know that the best advice is to get
ahead of the curve by removing as many ash trees as possible before the infestation
reaches large proportions. Removing them early is more cost effective; safer; and aids
in the detection and spread of EAB.
Stumps
Grind out and remove tree stumps when the trees are removed. Stumps complicate and
delay decisions to replant new trees. We have learned from our Dutch Elm Disease
experience that park user prefer entire stumps to be removed for aesthetic reasons, in
comparison to leaving the stumps remain.
Planting New Trees
It’s probable that the best place to plant a new tree is near where the old tree was. Try
to balance the number of ash tree removals over a period of years. Equally important is
to immediately plant replacement trees so growth is phased and even aged trees don’t
compound future maintenance service levels. It is also important to ensure that the
newly planted trees are of diverse species so that future tree disease does not strike
Janesville with the same impact. Staff would like to work with JSTAC in educating the
public on tree planting options.
Conclusions
With the likely loss of over 30,000 trees in the next 3-5 years based on other
communities’ experiences, the City of Janesville will need to increase its forestry service
levels to effectively deal with infected ash trees. There will be several policy and
budgetary decisions before the Council in the coming months. Parks recommends the
City become pro-active in dealing with the infestation and utilize this circumstance to
enhance the diversification of our urban forest.
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CITY MANAGER’S OFFICE MEMORANDUM
June 12, 2012
TO: City Council
FROM:Rebecca Smith, Management Assistant
SUBJECT: Action on a proposed advertising policy addendum to the Rock Aqua Jays
Water Ski Club, Inc lease agreement
Request
The Rock Aqua Jays Water Ski Club, Inc. (RAJ) requests permission to advertise on
their leased property at Traxler Park.
Staff Recommendation
Staff recommends the Council approve the Rock Aqua Jays Advertising Policy
Addendum.
City Manager Recommendation
The City Manager believes this is an appropriate approval. The City and Rock Aqua
Jays have developed an effective partnership over the years. The Rock Aqua Jays are
a regional attraction and have brought in both National and International events to the
City. This would be a method for the Rock Aqua Jays to create revenue to support their
operations at Traxler Park.
Suggested Motion
I move to approve the Rock Aqua Jays Advertising Policy Addendum.
Background
The RAJ’s lease with the City allows them to have a sign at the corner of Hyatt and
Parker Drive; in addition, during tournaments they temporarily install signs across the
river facing the bleachers. The activities have been taking place for several years with
no concerns.
The RAJ recently came to the Parks Division with a request to further advertise in their
leased area at Traxler Park. The RAJ would like to install about three dozen (36)
advertising signs along the top row of the bleachers; the signs would face Parker Drive.
The signs would be in place from approximately May 15 to September 30 each year and
Please Note
would be made of sturdy corrugated plastic. : The RAJ refers to these
signs as “billboards” in their written materials; however, these signs are 3’x5’ in size, are
not lighted and are not the type of billboards a person would see along the interstate.
Staff generally refers to advertising at this size and type as “signs”.
Rock Aqua Jays Advertising Policy Addendum
This policy provides guidelines for the use of advertising at the RAJ’s leased area within
Traxler Park. Highlights of the policy include:
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All advertising signage must comply with all applicable laws and all city
ordinances, including the sign ordinance;
Advertising is allowed along one row across the back of the bleachers facing
Parker Drive and continues to be allowed at or near the corner of Hyatt Street
and N. Parker Drive and temporarily across the river during tournaments;
The template and all signs must be approved by the Community Development
Department to ensure they conform with the intent of the City’s ordinances;
Alcohol or tobacco logos, or companies, products and services which are not in
are strictly prohibited
keeping with youth or public park open space values .
Restaurants or alcohol distributors may advertise with their name, provided the
ad does not include logos or paraphernalia depicting alcohol, tobacco, products
or services which are not keeping with youth or public park open space values.
The City must receive a copy of all advertising agreements;
If the RAJ defaults on their lease, any new group is required to fulfill any existing
agreements;
The RAJ may retain the funding received from advertising;
The City retains the right to advertise within Traxler Park at areas not leased to
the RAJ; and
The RAJ shall maintain, install, remove and secure all advertising signs.
Conclusion
The RAJ and the City have a long history of working together at Traxler Park; the RAJ is
a trustworthy and dependable park user. The RAJ is a wonderful community partner
that provides positive economic impact to the Janesville community. The advertising
initiative the RAJ is proposing will be tasteful and will not interrupt park enjoyment by
the general community.
CC:
Eric Levitt, City Manager;
Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services
Attachments
Rock Aqua Jays Advertising Policy Addendum
Request letter & PowerPoint slides from RAJ
RAJ Lease agreement
2
Rock Aqua Jays Advertising Policy Addendum
Date Approved by City Council:
Effective Date:
Cancellation Date
Purpose of Policy
The purpose of this policy is to establish consistent and enforceable guidelines
under which the Rock Aqua Jays (hereinafter RAJs) may install commercial
advertising on their leased premises in a manner which is in keeping with the
values of youth and public park open space and not offensive.
References
1. The 2010-2030 previously executed lease agreement between the City of
Janesville and the Rock Aqua Jays Water Ski Club, Inc
a.) Miscellaneous 10. E. The Aqua Jays may erect a sign advertising
Rock Aqua Jay events at or near the corner of Hyatt Street and N.
Parker Drive. Size, design and placement shall be subject to City
approval and applicable City ordinances.
Statement of Policy
1. This policy shall be binding for Rock Aqua Jay’s ski show leased area at
Traxler Park.
2. Any significant changes to this policy are subject to approval by the City
Council before taking effect.
3. Considering the economic development impact of the Rock Aqua Jays’ ski
shows and tournaments, staff considers these events to be community-
wide special events necessitating flexibility in advertising, particularly for
short-term tournament advertising.
Guidelines
1. All advertising signage must comply with all applicable laws and all city
ordinances, including the sign ordinance.
2. Advertising signage may be placed along one row across the back of the
bleachers, with the signs to face Parker Drive.
3. A template providing for consistent size and shape for the signage shall be
developed.
4. The Community Development Department will review the template and all
advertising signs to ensure the template and signs conform to the
guidelines set forth in this policy and the intent of the City sign ordinance.
5. Alcohol or tobacco logos, or companies, products and services which are
are strictly
not in keeping with youth or public park open space values
prohibited
. Restaurants or alcohol distributors may advertise with their
name, provided the ad does not include logos or paraphernalia depicting
alcohol, tobacco, products or services which are not in keeping with youth
or public park open space values or interpreted to be offensive.
6. The RAJs are responsible for keeping advertising signs well-maintained
and attractive.
7. No advertising may be directly lit with supplemental lighting.
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Rock Aqua Jays Advertising Policy Addendum
Date Approved by City Council:
Effective Date:
Cancellation Date
8. The RAJs are responsible for ensuring all advertising is properly secured
and mounted to prevent damage or unsightly appearance.
9. No commercial billboards will be permitted unless approved by the Plan
Commission.
10. No electronic advertising signs will be permitted; however, indoor
electronic “zipper” signs for concession sales are permitted.
11. Taking into consideration the maintenance and operational activities the
RAJs are responsible for at their leased area and economic impact the
RAJs make to the Janesville community, the RAJs may receive and retain
revenue, financial proceeds or services-in-kind from advertising signage.
12. Taking into consideration the City’s ownership of Traxler Park, the City of
Janesville retains the right to advertise within Traxler Park at areas not
leased to the RAJs and may receive and retain revenue, financial
proceeds or services-in-kind from those advertising signs.
13. The RAJs shall provide annually to the City of Janesville a copy of their
advertising agreements to ensure the City is aware of their advertising
decisions and contracts with vendors. Should the RAJs default on their
lease with the City of Janesville or choose not renew their lease, any
future sports group that leases the park area containing advertising will be
required to fulfill any advertising commitments until such time as the
advertising agreement is completed or until such time as the new sports
group and the initial advertiser agree to stop their relationship.
Tournament Banners
1. During tournaments advertising banners may be placed across the river
from the RAJs’ leased property facing the bleachers. Banners and posts
may be installed a maximum of two days before the tournament begins
and shall be removed within two days after the tournament ends.
Approved as to Form:
Waldemar Klimczyk, City Attorney
City Attorney’s Office
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POLICE DEPARTMENT MEMORANDUM
July 11, 2012
TO: City Council
FROM: Police Chief Dave Moore
SUBJECT: Acceptance of Office of Justice Assistance Grant
Truancy Prevention: Teaming for Janesville’s Youth
Summary
The Janesville Police Department constantly strives to work with our community
partners to better provide for the citizens of Janesville.
The department, in cooperation with the School District of Janesville and Rock
Communities Youth Network, applied for an Office of Justice Assistance Grant to
address the problem of truancy. The grant is titled Truancy Prevention: Teaming for
Janesville’s Youth.
The police department is the grant administrator. The school district will identify
students that display risk factors that contribute to truancy. These students will be
referred to Rock Communities Youth Network for assessment and assistance.
Rock Communities Youth Network (RCYN) was established in 2007 as a volunteer
screening program for youth to identify areas of need. RCYN offer youth age 10 to 18
screening and referral services in a welcoming, neutral environment. In 2011, RCYN
served 110 youth in Rock County. RCYN goals include: Consistent assessment /
screening process for all adolescent services; Development of other youth service
resources; and increased collaboration in services for youth and families.
The police department recently learned of the grant assignment. The department was
awarded $49,228.00 exclusive of the in-kind local match of $24,615. There is no direct
cost to the police department or the school district. All in-kind match cost is in the form
of attendance at committees that staff already attend. Police Administrative Assistant
Leslie Reid will provide the grant oversight and submissions. The police department
will be reimbursed for Ms. Reid’s services.
Department Recommendation
The police department recommends that the Council accept the Office of Justice
Assistance Grant – Truancy Prevention: Teaming for Janesville’s Youth.
City Manager Recommendation
The City Manager concurs with the police department’s recommendation. This presents
a partnership opportunity to address truancy issues in the community.
CITY MANAGER’S OFFICE MEMORANDUM
July 17, 2012
TO: Council President Voskuil and City Council
FROM: Eric J. Levitt, City Manager
SUBJECT: Introduce and Schedule a Public Hearing on a Proposed Ordinance
Permitting the Sale, Possession, and Consumption of Fermented Malt
Beverages, Fermented Malt Beverage Based Wine Coolers, Wine,
Champagne, and Intoxicating Liquor in Certain Designated Areas at the
Tallman House, Helen Jeffris Wood Museum Center, and Associated
Grounds. (File Ordinance 2012-517)
BACKGROUND
In 2009, the City began the process of developing a business plan in collaboration with
the RCHS Board. This process began to enable the operation to become more self-
sustaining in the future. It also, began due to the fact that the City would be initiating a
renovation of the Tallman House.
The RCHS has determined that an Ordinance Change permitting an Alcohol License
will be in line to fulfill the Business Plan.
The City has put approximately $900,000 in repairs to the Tallman House to date as a
part of the Renovation Plan.
REQUEST
The City Manager’s office received the attached letter requesting the City amend its
ordinances to allow for alcohol to be served at events at the Tallman House. This
Ordinance revision is necessary due to the Tallman House being a City owned facility
prior to submitting for a liquor license.
CITY MANAGER’S RECOMMENDATION
:
The City Manager recommends introduction of Ordinance Number 2012-517 for a
th
Public Hearing on August 13.
SUGGESTED ACTION
Introduce Ordinance 2012-517 and schedule for a public hearing on August 13, 2012.
ATTACHMENT
Letter from RCHS
ORDINANCE NO. 2012-517
An ordinance permitting the sale, possession, and consumption of fermented malt beverages,
fermented malt beverage based wine coolers, wine, champagne, and intoxicating liquor in
certain designated areas at the Tallman House, Helen Jeffris Wood Museum Center, and
associated grounds, with a penalty for violations thereof as set forth in Janesville General
Ordinance Section 12.60.130.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS
:
SECTION I
. Section 12.60.128 of the Code of General Ordinances of the City of Janesville is
hereby created to read as follows:
“12.60.128 Sale, possession and consumption of beer, FMB wine coolers, wines and
champagnes, and intoxicating liquor permitted in certain areas of the Tallman House, Helen
Jeffris Wood Museum & Visitor Center, and grounds.
A. Anything to the contrary elsewhere in the Code of General Ordinances of the City
of Janesville notwithstanding, the carry on, sale, possession, and consumption of fermented malt
beverages, fermented malt beverage based wine coolers, wines, champagne, and other
intoxicating liquor and alcohol beverages is permitted but only in the approved “designated
areas” of the Tallman House, Helen Jeffris Wood Museum & Visitor Center, and associated
grounds of both, and only in strict accord with the provisions of this ordinance.
B. “Designated areas” shall be those specific geographic areas established by the
Common Council.
C. The possession and consumption of fermented malt beverages, fermented malt
beverage based wine coolers, wine, champagne, other intoxicating liquors, and alcohol shall only
be permitted, possessed, and consumed within approved “designated areas.”
D. Only those persons of lawful drinking age may use the approved “designated
areas” for permitted alcohol purposes.
E. The Rock County Historical Society shall apply for, pay the fee for, and hold the
appropriate alcohol license.
F. The Permit shall authorize and allow the licensee and all “members of the
approved licensee event” to lawfully transport, carry on, sell, possess, and consume the permitted
alcohol in the “designated areas.”
G. “Members of the applicant’s event” means all persons of lawful drinking age
who, in the discretion of the licensee sponsoring and/or conducting the event, are good faith
invitees, guests or participants in the event. Also included are underage persons but only if such
underage person’s parent or guardian accompanies the underage person and permits the
possession or consumption of the permitted alcohol, as those terms are understood in Wisconsin
alcohol laws, at the specific event and only in the “designated areas.” No underage person shall
transport any alcohol to or from the “designated areas.” No underage person shall possess or
consume any permitted alcohol without the parent or guardian present in the “designated areas”
at the time of such underage person’s consumption or without the express permission of such
parent or guardian.
H. Only the RCHS may sell beer or any other alcohol in any “designated areas.”
I.The RCHS and every member of the licensee’s events shall abide by each and
every provision set forth in this ordinance and all other applicable ordinances and state laws.
J. In addition to the individual violators, the RCHS shall be vicariously liable and
responsible for any and all violations of this ordinance, state law, and other city ordinances and
may be prosecuted and held subject to the penalties for said violations concurrently, jointly, or
severally with the individual violators.
K. No person who shall litter, permit littering, leave behind, or permit the leaving
behind of any empty, full, or partially full alcohol containers in any part of any “designated
areas” or elsewhere upon any public site or public way after an event, except for trash and refuse
placed in City or lessee trash containers or lessee recycling containers placed at or near the
“designated areas” for that purpose. In the event that the City Parks Department personnel or
other City officials find litter or containers left behind after an event, the City shall remove the
items and charge the full cost of said removal and clean-up to the RCHS. The applicant shall
pay the fee.
L. No person may sell any permitted alcohol in any “designated areas” thereof at any
time without the prior express written authorization of or licensing by the City of Janesville.
This prohibition includes any caterer, food or beverage provider, independent contractor, or other
person directly or indirectly retained, contracted, or hired by the RCHS.
M. The RCHS may, if it decides to do so, apply for, pay the fee for, be issued and
hold a City of Janesville Class B fermented malt beverage and intoxicating liquor alcohol
beverage license(s) for the “designated areas.” In such event, the RCHS may sell permitted
alcohol under the terms of said Class B license(s) in the “designated areas.” In the event of
licensing, the lessee shall abide by and be governed by Wisconsin alcohol statutes, laws and city
ordinances
N. In no event shall the RCHS directly or indirectly contract with any independent
contractor or other person to conduct or engage in any alcohol sales or operate the alcohol
beverage sales upon the licensed premises or “designated areas” either on behalf of the RCHS or
for the benefit and behalf of such contractee, independent contractor, or person. Only the RCHS
shall be the alcohol licensee and only employees and volunteers of the RCHS may sell, dispense,
permit, or provide permitted alcohol upon the licensed premises in the “designated areas” and
only in strict accord with all alcohol and other state laws and City ordinances.
O. The alcohol license is not transferable.
P. The Common Council of the City of Janesville hereby expressly and forever
reserves unto itself the right, privilege and prerogative to amend, condition, modify, and
otherwise limit, at any time, any alcohol license granted or issued by the City to the RCHS after
public hearing and public action thereon in open session, the public welfare and good so
requiring.
Q. For purposes of this section, the following terms shall be defined as follows:
(1) “City” means the City of Janesville and its lawfully authorized officials,
officers, employees, agents and representatives.
(2) “RCHS” means the Rock County Historical Society.
(3) “Beer”, “fermented malt beverages”, “fermented malt beverage based
wine coolers”, “wine”, “champagne”, “intoxicating liquor”, and “alcohol” mean those beverages
as defined in Chapter 125 of the Wisconsin Statutes, as from time to time amended, and/or as
defined and/or interpreted by the Wisconsin Department of Revenue, as from time to time
modified.”
SECTION II
. Section 5.40.150 of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
“5.40.150 Sale of fermented malt beverages and FMB based wine coolers in public
parks. Any fermented malt beverages, fermented malt beverage based wine coolers, and
intoxicating liquors sold pursuant to Section 5.40.140 may be possessed, sold and consumed only
within the public parks, public properties, and municipal facilities specifically designated and
authorized by the Common Council in Chapter 12.60 of the Code of General Ordinances of the
City of Janesville, as from time to time amended.”
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Dongarra-Adams
Eric J. Levitt, City Manager
Farrell
Kealy
ATTEST:
Liebert
Severson
Jean Ann Wulf, City Clerk-Treasurer
Steeber
Voskuil
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by: Council Members
Prepared by: City Attorney