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Full Agenda Packet CITY OF JANESVILLE CITY COUNCIL MEETING AGENDA MONDAY, August 13, 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 23, 2012. B. Regular meeting of July 23, 2012. 4. Licenses; and Recommendations of the Alcohol License Advisory Committee. (Refer to separate agenda.) “C” OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. 2. Second reading, public hearing and action on a proposed ordinance 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) 3. Action on an application from the Rock County Historical Society (RCHS) for Class B Beer only and Class C Wine licenses and to restrict the outdoor seating portion of the licenses as recommended by the Alcohol License Advisory Committee (ALAC). NEW BUSINESS 1. Presentation of awards by the Wisconsin Chapter of the American Public Works Association. 2. Presentation, discussion and direction to staff regarding the downtown parking plaza. ----------------------- “C” – This designation indicates an item that the City Council will take up under a Consent Agenda. City Council Agenda – August 13, 2012 Page 2 NEW BUSINESS (CONTINUED) 3. Action on a proposed resolution authorizing the City Manager to sign State/Municipal agreements between the City of Janesville and State of Wisconsin for the design and reconstruction of STH 26 (Milton Avenue) from Centerway to Kennedy Road and USH 14 (Humes Road) from Lexington Drive to Pontiac Drive. (File Res. No. 2012-926) 4. Award of Contracts C2012-12 (Tallman House Improvements – Phase III) and C2012-13 (Sewer System Improvements) for Public Works Bid Schedule “D” – 2012. 5. Discussion and possible action on Council request to review method of sidewalk financing. 6. Action on Council President recommended citizen and Council committee appointments. 7. Schedule and waive notice study session meetings to review 2013 proposed City and Library budgets. 8. Introduce, refer to Plan Commission and schedule a public hearing on a proposed ordinance rezoning a portion of property located at 115 East Conde Street from M2 to B3. (File Ord. No. 2012-518) 9. Introduce, refer to Plan Commission, and schedule a Common Council public hearing and action at such dates and times as the Council President may determine on a proposed ordinance amending the City of Janesville Sign Ordinance to allow the Plan Commission to reduce the separation distance between off-premise electronic message center (EMC) signs. (File Ord. No. 2012-519) 10. Requests and comments from the public on matters which can be affected by Council action. 11. Matters not on the Agenda. 12. Motion to adjourn. The use of audible cell phone ringers and active use and response to cellular phone technology by the governing body, staff and members of the public is discouraged in the Council Chambers while the Council is in session. PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN SPECIAL MEETING JULY 23, 2012 VOL. 63 NO. 11 Special meeting of the City Council of the City of Janesville held in the Municipal Building on July 23, 2012. The meeting was called to order by City Council President Voskuil at 6:30 PM. Council President Voskuil led the Council in the Pledge of Allegiance. Present: Council President Voskuil and Councilmembers Dongarra-Adams, Farrell, Kealy, and Liebert. Absent: Councilmembers Severson and Steeber. Councilmember Liebert, moved to convene into closed session, pursuant to Wisconsin Statute Section 19.85(1)(g) for the purposes of meeting with legal counsel for the governmental body who is rendering oral or written advice concerning consideration of establishing the negotiation, bargaining, and/or settlement parameters, terms, and conditions concerning the worker compensation death claim of John Somerville’s estate. The motion was seconded by Councilmember Kealy, and passed unanimously. The Council convened into closed session at 6:34 PM. These minutes are not official until approved by the City Council. Jean Ann Wulf Clerk-Treasurer PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING JULY 23, 2012 VOL. 63 NO. 12 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on July 23, 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. Councilmember Liebert requested a moment of silence in remembrance of the shooting victims in Aurora, Colorado. Present: Council President Voskuil and Councilmembers Dongarra-Adams, Farrell, Kealy, and Liebert. Absent: Councilmembers Severson and Steeber. CONSENT AGENDA City Council meeting minutes of: July 9, 2012 Special meeting and July 9, 2012 Regular meeting. Licenses; and Recommendations of the Alcohol License Advisory Committee. (Refer to separate agenda.) Motion to approve final Certified Survey Map #12006-C, Greg Hanson, 2 lots along Beloit Avenue. Financial statement for the month of June, 2012. Authorization for the Administration to approve a worker compensation death claim of John Somerville’s estate. Authorization for the Administration to deny a liability claim from Phyllis Schemehorn in the amount of $6,000.00. Authorization for the Administration to approve a liability claim from Alliant Energy in the amount of $6,142.74. Council President Voskuil stated that all the items on the consent agenda would be approved if there were no objections. There were none. Special recognition: Action on a proposed resolution in commendation of Michael J. Gensler’s twenty-four years of service to the City of Janesville. Councilmember Liebert moved to adopt said resolution, seconded by Councilmember Dongarra-Adams and passed unanimously. (File Res. No. 2012-925) Transit Director Mumma congratulated Michael Gensler on his retirement and informed the Council that the City received a $3.8 million grant for a new transit center. OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. Lee Casper, 3437 Woodhall Dr., spoke against the sidewalk program and he believes that Councilmembers should not be influenced by other Councilmembers on this issue. 2. Report from Sidewalk Task Force Committee and possible action on suspended 2012 sidewalk program. Councilmember Liebert moved to approve the additional sidewalk as recommended by the sidewalk committee at their July 11, 2012 meeting with an installation deadline of August 24, 2012. The motion was seconded by Councilmember Dongarra-Adams. Councilmember Kealy offered a friendly amendment that the planned sidewalk on Wright Rd from Ruger Ave, to Canterbury Ln. be constructed within the next 3 years. The friendly amendment was accepted by the maker and seconder. The motion, as amended, passed by the following vote: Aye: Dongarra- Adams, Farrell, Kealy and Voskuil. Nay: Liebert. NEW BUSINESS 1. Update on Emerald Ash Borer (EAB) in Janesville. Park Director Presny presented information about EAB and the devastating effects they have on ash trees. He stated the City has 33,000 ash trees and detailed the existing problem to either treat or take down the trees. In the future, Council will receive updates on how the City will handle this situation. This is the first step in a process that will last many years. The Council took no action and requested updates when more information is known. 2. Action on a proposed advertising policy addendum to the Rock Aqua Jays Water Ski Club, Inc lease agreement. Councilmember Dongarra-Adams moved to approve said addendum, seconded by Councilmember Kealy and passed unanimously. 3. Authorization for the Police Department to accept an Office of Justice Assistance Grant entitled Truancy Prevention: Teaming for Janesville’s Youth. Council President Voskuil moved to accept the $50,000 grant with a $25,000 match, seconded by Councilmember Liebert and passed unanimously. 4. A proposed ordinance allowing alcohol at Lincoln-Tallman House was introduced and scheduled for a public hearing on August 13, 2012. (File Ord. No. 2012-517) 5. Requests and comments from the public on matters which can be affected by Council action. Bill Mitchell, 4105 Skyview Dr., Robert Bellard, 842 Bluff, Beloit, Peter Apted, 324 S. Academy St., Paul Lembrich, 102 N. River St. and Jim Pardee, 3703 Murray Rd. spoke against the Green Tier program. Jim Fowler, 4015 Wilshire Ln., stated that the EAB could be a $15 million problem and recommended that the City be proactive on this issue. 6. Matters not on the Agenda. City Manager Eric Levitt stated that the Green Tier Program would be on the August 27 Council meeting if there are two Councilmembers willing to sponsor it. Also, he stated that ash trees would have to be treated annually in order to save them. Councilmember th Liebert congratulated the Friends of Riverside Park who made the park’s 90 birthday party successful. 7. Councilmember Liebert moved to adjourn, seconded by Councilmember Dongarra-Adams and passed unanimously. There being no further business, Council adjourned at 8:27 PM. These minutes are not official until approved by the City Council. Jean Ann Wulf, Clerk-Treasurer JANESVILLE CITY COUNCIL LICENSE AGENDA 8/13/2012 RECOMMENDED A. ELECTRICIANS–ORIGINAL Kenneth A. Berg 1041 Thousand Oaks Trail, Verona, WI William L. Clarke Jr. 9108 W. Mineral Point Rd. John E. Meinholz 5684 Enchanted Valley Rd., Cross Plains, WI Drue J. Schlachter 128 Sunrise Ln., Fall River, WI th Robert A. Songstad 100 9 St. SE, Kasson, MN Michael F. Thurman 2017 Purvis Ave. James R. Wilpolt PO Box 1746 B. SIGN ERECTORS– ORIGINAL Quality Signs 1131 Ruger Ave. CITY MANAGER’S OFFICE MEMORANDUM August 6, 2012 TO: Council President Voskuil and City Council FROM: Eric J. Levitt, City Manager SUBJECT: Second Reading, Public Hearing and Action 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. (Revised 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. ALAC RECOMMENDATION The ALAC reviewed the ordinance allowing alcohol at the Tallman House and recommend that the City Council adopt said ordinance as written. CITY MANAGER’S RECOMMENDATION : The City Manager recommends approval based on the approved Business Plan from 2010. SUGGESTED ACTION Move to approve Revised File Ordinance 2012-517. ATTACHMENT Letter from RCHS REVISED 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 12.60.126 of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: “12.60.126 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 5.06.233 of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: “5.06.233 Sale, possession and consumption of beer, FMB wine coolers, wines and champagnes, and intoxicating liquor permitted at 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. The provisions set forth in Section 12.60.128, as from time to time amended or renumbered, are reiterated and incorporated herein as if fully set forth verbatim. C. No requirements for minimum food or non-intoxicating liquor sales that are applicable to certain licenses held upon private property do not apply to any alcohol licenses granted or issued under this subsection or to these properties.” SECTION III . Section 12.60.125 of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: “12.60.125 Sale, possession and consumption of beer and FMB wine coolers permitted at Dawson Park and Fields – Designated Areas. A. Anything to the contrary elsewhere in the Code of General Ordinances of the City of Janesville notwithstanding, the carry on, possession, sale and consumption of fermented malt beverages and fermented malt beverage based wine coolers is permitted, but only in the “designated areas” of Dawson Field and only in strict accord with the provisions of JGO 5.06.223.” Motion by: ADOPTED: Second by: Councilmember Aye Nay Pass Absent APPROVED: Dongarra-Adams Farrell Eric J. Levitt, City Manager Kealy Liebert ATTEST: Severson Steeber Jean Ann Wulf, City Clerk-Treasurer Voskuil APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Council Members Prepared by: City Attorney CLERK-TREASURER MEMORANDUM August 7, 2012 TO: Alcohol License Advisory Committee FROM: Jean Ann Wulf, City Clerk-Treasurer SUBJECT: Action on an application from the Rock County Historical Society (RCHS) for Class B Beer only and Class C Wine licenses and to restrict the outdoor seating portion of the licenses as recommended by the Alcohol License Advisory Committee (ALAC) Alcohol License Advisory Committee’s (ALAC) Recommendation The ALAC forwarded a positive recommendation for the Class B Beer only and Class C Wine licenses. It is their recommendation that restrictions be placed on outdoor seating. The restrictions are: outdoor seating ends no later than 9:00 PM and that temporary fencing be required for all events with a projected attendance of 150 or more people. City Manager Recommendation I concur with the recommendation of the ALAC Suggested Motion I move to approve the Class B Beer only and Class C Wine licenses for the Rock County Historical Society (RCHS) and to restrict the outdoor seating portion of the licenses as recommended by the Alcohol License Advisory Committee (ALAC). Background The City received an application from the RCHS for a Class B Fermented Malt Beverage License and a Class C Wine License for the Tallman House. As part of their business plan, they requested that they be allowed to sell alcohol to assist them to become more self sustaining in the future. Currently, this activity is not an allowed under City ordinances. The application is for a Class B Beer Only and Class C Wine licenses with outdoor seating and audio. The outdoor seating request would license the entire grounds. This will allow them to hold the annual Tallman House Festival and host outdoor events without obtaining temporary licenses. cc: Police Chief Dave Moore Deputy Police Chief Dan Davis PUBLIC WORKS DEPARTMENT MEMORANDUM August 6, 2012 TO: City Council FROM: Carl J. Weber P.E., Director of Public Works SUBJECT: Presentation of Awards by the Wisconsin Chapter of the American Public Works Association Background The Wisconsin Chapter of the American Public Works Association recently made awards which the Association would like to present publicly at the council meetings of the communities and members receiving the awards. The awards include the 2012 APWA-Wisconsin Chapter Project of the Year Award presented in acknowledgement of the Janesville Wastewater Treatment Plant Upgrade and Expansion as well as the 2012 John W. Curtis Chapter Service Award presented to myself. cc: Eric Levitt, City Manager Jacob J. Winzenz, Assistant City Manager/Dir. of Administrative Services Presentation - 1 J:\Agenda Review\Approved Agenda Items\2012\08-13-2012\APWA Awards Memo.docx DEPARTMENT OF PUBLIC WORKS MEMORANDUM August 3, 2012 TO: City Council FROM: Carl Weber, Public Works Director Duane Cherek, Planning Services Manager SUBJECT: Presentation, discussion and direction to staff regarding the Downtown Parking Plaza. Summary The Parking Plaza is a single level parking structure which fully spans the Rock River in downtown Janesville and provides with adjacent upland areas approximately 275 parking stalls. The structure is approaching the end of its useful life and city staff is seeking Council direction regarding the future of this facility. Staff will present information concerning the status of the plaza and offer suggestions for moving forward with removal of the facility, accommodation of lost parking and redevelopment of the riverfront in this area. Background The Parking Plaza was built in two phases in 1963 and 1965 and is roughly 360 feet long by 220 feet wide. The plaza provides 275 convenient parking stalls for businesses on each side of the river. An estimated 200 parking stalls are situated on that portion of the deck extending over the river itself. In addition to providing convenient parking, the Parking Plaza brings together both sides of the downtown and provides a safe and convenient crossing for bicyclists and pedestrians. Structural History  Plaza constructed in 1963 and expanded in 1965.  Significant repairs completed in 1986, 1989, 2004, 2005 and 2007.  A 12/17/02 structural report stated that the repairs completed in 2004/05 would extend the life of the structure by 10 to 15 years. As such, a long term solution is needed in the 2015 to 2020 time period. An engineering study performed in 2002 estimated the structure to reach the end of its useful life somewhere between 2015 and 2020. However, during the biennial bridge inspection in early July 2012, the City’s inspection consultant, Bloom Companies, LLC, found 25 girders in ten locations were seriously deteriorated requiring temporary closure of a portion of the plaza and immediate repairs. This circumstance has resulted in the need for more immediate action to address the structure’s future. The Plaza is the most intensely used public parking facility in the downtown area. The Parking Plaza experienced high demand in 2006 with an occupancy rate of 82%, but fell to 68% in 2010 and decreased again to 59% in 2011. This compares to a parking occupancy rate of 37% for all of downtown. The 2010 construction of the parking garage at the corner of Wall Street and Parker Drive significantly increased the availability of parking stalls downtown. Various City plans over the last 20 years have recommended the removal of the structure and enhancement of the riverfront. The 2007 Downtown Vision and Strategy called for redevelopment of the river’s edge and the construction of a pedestrian bridge where the Plaza currently stands. Regulatory Impacts  The DNR has encouraged the removal of the structure at the end of its useful life and indicated that it is likely that no permit would be approved for a replacement over the river or significant rehab of the existing structure.  The DOT has determined that the structure is not a bridge and is not eligible for Federal bridge funding for removal or replacement.  There may be a number of State or Federal grant programs that could assist with the removal of the structure and redevelopment of the river front. Staff/City Manager Recommendation We recommend that the City Council consider directing staff to move forward in the following areas:  Continue to conduct a public process to develop a plan for redevelopment of the river’s edge to enhance public enjoyment of the river and promote business and residential development opportunities in the downtown area. Consistent with the above action, pursue grant funding opportunities and o establish a timeline for the removal of the structure and redevelopment of the riverfront. Evaluate further existing parking availability and develop options for o replacement parking where necessary to enhance the availability of parking to the business and residential community. Move forward with a temporary repair of the structure to continue its life o for approximately 4 years. Plan a timeline to remove the structure. o Initiate a strategy that would include the evaluation and planning of o redevelopment that would include pedestrian and multimodal improvements in the area to increase pedestrian activity in the downtown. Suggested Motion I move to direct staff to prepare a plan to move forward on the strategies outlined in the staff/City Manager recommendation. PUBLIC WORKS DEPARTMENT MEMORANDUM July 25, 2012 TO: City Council FROM: Carl J. Weber P.E., Director of Public Works SUBJECT: Action on a proposed Resolution authorizing the City Manager to sign State/Municipal Agreements between the City of Janesville and State of Wisconsin for the design and reconstruction of STH26 (Milton Avenue) from Centerway to Kennedy Rd and USH 14 (Humes Rd) from Lexington St to Pontiac Dr (File Res 2012-926) Staff Recommendation Staff recommends that the City Council adopt Resolution No. 2012-926 authorizing the State/Municipal Agreements between the City of Janesville and State of Wisconsin for the design and reconstruction of STH26 (Milton Avenue) from Centerway to Kennedy Rd and USH 14 (Humes Rd) from Lexington St to Pontiac Dr City Manager’s Recommendation The City Manager concurs with the Public Works Director’s recommendation. Suggested Motion I move to adopt Resolution No. 2012-926 Request Staff requests that the City Council authorize the City Manager to execute agreements with the Wisconsin Department of Transportation (WDOT) regarding the design and reconstruction of STH26 (Milton Avenue) from Centerway to Kennedy Rd and USH 14 (Humes Rd) from Lexington St to Pontiac Dr Background Due to pavement deterioration on these two segments of roadway, City staff requested that the WDOT consider programming improvements for both roadways. The request for USH14 actually extended from Lexington St to Deerfield Rd. However, due to the planned reconstruction of I39/90 and its interchange with USH14, the WDOT has determined that the section for USH14 between Pontiac Dr and Deerfield Rd will be reconstructed as part of the I39/90 project. The remaining requested segment from Pontiac Dr to Lexington St will be programmed as a stand-alone project to be coordinated with the I39/90 construction. The construction year has not yet been established but is expected to be sometime in the mid to late part of the current decade. The STH26 project is currently programmed by the WDOT for 2018. J:\Agenda Review\Approved Agenda Items\2012\08-13-2012\State Municipal Reconstruction Agreements - 1 Memo.docx Analysis The draft agreements are attached to and made part of the resolution. The agreements were prepared for initiation of preliminary design. The City’s share of the design costs is estimated to be $45,000 for USH14 and $266,250 for STH26. The design process, which will include coordination with City staff, adjacent property owners and road users, will determine the items to be included in the reconstruction project. Once the project is more clearly defined, it is expected that the agreements will be amended to cover all included items. cc: Eric Levitt, City Manager Jacob J. Winzenz, Assistant City Manager/Dir. of Administrative Services J:\Agenda Review\Approved Agenda Items\2012\08-13-2012\State Municipal Reconstruction Agreements - 2 Memo.docx 25 August 2012 CITY OF JANESVILLE RESOLUTION NO. 2012-926 A Resolution authorizing State/Municipal Agreements between the City of Janesville and State of Wisconsin regarding the design and reconstruction of STH 26 (Milton Avenue) from Centerway to Kennedy Road and USH 14 (Humes Road) from Lexington Drive to Pontiac Drive. WHEREAS , STH 26 (Milton Avenue) from Centerway to Kennedy Road and USH 14 (Humes Road) from Lexington Drive to Pontiac Drive are under State of Wisconsin jurisdiction with City of Janesville connecting highway and maintenance responsibility; and WHEREAS , the existing road surface on each of those highway sections are deteriorated and in need of repair; and WHEREAS , the City has requested that these highway sections be improved by the State of Wisconsin; and WHEREAS , the State of Wisconsin has commenced the process of programming the reconstruction of these highway segments; and WHEREAS , the funding for the repair and reconstruction design work for both highways will be included in one or more future tax exempt City of Janesville issued general obligation promissory note and/or bond issues (borrowing/public financing), with Janesville’s projected share of the design costs Forty Five Thousand and 00/100 Dollars ($45,000.00) for USH14 and Two Hundred Sixty Six Thousand Two Hundred Fifty and 00/100 Dollars ($266,250.00) for STH26; and WHEREAS , Wis. Stats. § 66.0301and related statues empower(s) the parties to enter into intergovernmental cooperative agreements for services and construction; and WHEREAS , the Common Council find these two proposed intergovernmental agreements in the best interests and benefit to of the City of Janesville, its residents, the public good, safety, welfare, and health; and WHEREAS , drafts of these two proposed intergovernmental agreements are attached to and made a part of this Resolution as if fully set forth verbatim. NOW, THEREFORE, BE IT RESOLVED , that the Common Council of the City of Janesville hereby authorize the City Manager to execute and enter into the two attached State/Municipal Intergovernmental Agreements with the State of Wisconsin Department of Transportation, on behalf of the City of Janesville; and BE IT FURTHER RESOLVED , that the City Manager and his designee(s), on behalf of the City of Janesville, are hereby jointly and severally further authorized and empowered to negotiate, draft, review, modify, amend, execute, enter into, file, and/or record additional agreements, amendments, documents, and letters of understanding concerning this matter; and is further authorized to take whatever additional other actions that the City Manager may determine, in his sole discretion from time to time and at any time, necessary, desirable, and/or beneficial in the public interest to effectuate the intent of this Resolution and/or these two programs/agreements; and BE IT FURTHER RESOLVED , by the Common Council of the City of Janesville that they hereby approve and authorize the City Administration to take actions necessary to include and provide such necessary funding for the repair and reconstruction design work for both highways one or more future tax exempt City of Janesville issued general obligation promissory note and/or bond issues (borrowing/public financing), with Janesville’s projected share of the design costs not to exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) for USH14 and Two Hundred Sixty Six Thousand Two Hundred Fifty and 00/100 Dollars ($266,250.00) for STH26 No funds from sources other than the Notes, Bonds, or the Available Funds identified above are, or are expected to be, reserved, allocated on a long-term basis, or otherwise set aside by the City for the project, except as permitted by the Internal Revenue Code of 1986, as amended. This declaration of official intent is consistent with the budgetary and financial circumstances of the City. The purpose of this Resolution is to satisfy the “official intent requirement” of Treasury Regulation Section 1.150-2. ADOPTED: MOTION BY: APPROVED: SECOND BY: COUNCILMEMBER AYE NAY PASS ABSENT Eric Levitt, City Manager DONGARRA-ADAMS FARRELL ATTEST: KEALY Jean Ann Wulf, City Clerk-Treasurer LIEBERT APPROVED AS TO FORM: SEVERSON STEEBER City Attorney, Wald Klimczyk VOSKUIL Proposed by: PUBLIC WORKS DIRECTOR Prepared by: PUBLIC WORKS DIRECTOR and CITY ATTORNEY Date: August 6, 2012 I.D.: 5569-00-01/71 STATE/MUNICIPAL AGREEMENT Title: Humes Road, C Janesville FOR A Limits: Lexington Street to Pontiac Drive HIGHWAY IMPROVEMENT PROJECT Highway: USH 14 Length: 0.27 miles County: Rock The signatory City of Janesville, hereinafter called the Municipality, through its undersigned duly authorized officers or officials, hereby requests the State of Wisconsin Department of Transportation, hereinafter called the State, to initiate and effect the highway or street improvement hereinafter described. The authority for the Municipality to enter into this agreement with the State is provided by Section 86.25(1), (2), and (3) of the Statutes. NEEDS AND ESTIMATE SUMMARY: **This agreement is for the initiation of preliminary design** Existing Facility – Existing roadway is a connecting highway with a deterioration of the existing overlay, which is over concrete pavement. Roadway is 4 lanes with a median divider. A rural cross section exists east of the Lexington Street intersection; development has occurred beyond this point. Proposed Improvement – Reconstruct roadway. Investigate feasibility of converting rural cross section to an urban section. Analyze signalized intersections at Lexington and Pontiac for improvements, if needed. Project will be analyzed to determine how best to accommodate Complete Streets requirements for bicycle and pedestrian accommodations (where feasible). Project will be coordinated with reconstruction of IH 39/US 14 interchange in the Majors program. Non-participating Items – Any water and/or sanitary sewer work, which includes design, construction, and oversight/acceptance of work. Any overrun of capped Community Sensitive Solutions (CSS) funding. Total Federal/State Municipal %% Est. CostFundsFunds Design Engineering Plan Development: · Project 5569-00-01 (connecting hwy) $180,000$135,00075$45,00025 Real Estate Acquisition: · Project xxxx-xx-bb 1000 Roadway Construction: · Project 5569-00-71 1 · Roadway Items (0010)$1,254,0001000 · New sidewalk, if required by Trans 75 1000 · New sidewalk not required by Trans 758020 · New standard lighting system 5050 2 · CSS $42,725$42,625MAX.$100BAL. · Non-participating · Sanitary and Water (< $50,000) 0100 Non-participating municipal utilities (>$50K): · Project xxxx-xx-gg · Sanitary and Water 0100 Roadway Construction Total $1,296,725$42,625$100 Total Cost Distribution $1,476,725$177,625$45,100 Note: The dollar amounts shown in the above table are estimates unless explicitly identified as maximum amounts. All estimates are 2012dollars and have an estimated delivery cost of 10%added. 1 Preliminary (pre-scope) estimate 2 Community Sensitive Solutions (CSS) funding is optional Federal/State funding available to the Municipality for enhancing construction projects by integrating them into the community. CSS items must be approved by the State and shall be attributable to LET bid items through a State project. Federal/State CSS funding is capped at $42,625. All CSS costs (including delivery) exceeding $42,625 are the responsibility of the Municipality. 2 This request is subject to the terms and conditions that follow and is made by the undersigned under proper authority to make such request for the designated Municipality and upon signature by the State and delivery to the Municipality shall constitute agreement between the Municipality and the State. No term or provision of neither the State/Municipal Agreement nor any of its attachments may be changed, waived or terminated orally but only by an instrument in writing executed by both parties to the State/Municipal Agreement. ( Signed for and in behalf of the City of Janesvilleplease sign in blue ink) Name Title Date ( Signed for and in behalf of the State please sign in blue ink) Name TitleDate 3 TERMS AND CONDITIONS: 1.The initiation and accomplishment of the improvement will be subject to the applicable Federal and State regulations. 2.The Municipality shall pay to the State all costs incurred by the State in connection with the improvement that exceed Federal/State financing commitments or are ineligible for Federal/State financing. Local participation shall be limited to the items and percentages set forth in the Summary of Costs table, which shows Municipal funding participation. In order to guarantee the Municipality’s foregoing agreements to pay the State, the Municipality, through its above duly authorized officers or officials, agrees and authorizes the State to set off and withhold the required reimbursement amount as determined by the State from any moneys otherwise due and payable by the State to the Municipality. 3.Funding of each project Phase is subject to inclusion in an approved program and per the State’s Facility Development Manual (FDM) standards. Federal aid and/or state transportation fund financing will be limited to participation in the costs of the following items as specified in the Summary of Costs: (a)Design engineering and state review services. (b)Real Estate necessitated for the improvement. (c)Compensable utility adjustment and railroad force work necessitated for the project. (d)The grading, base, pavement, curb and gutter, and bridge costs to State standards, excluding the cost of parking areas. (e)Storm sewer mains, culverts, laterals, manholes, inlets, catch basins, and connections for surface water drainage of the improvement; including replacement and/or adjustments of existing storm sewer manhole covers and inlet grates as needed. (f)Construction engineering incidental to inspection and supervision of actual construction work, except for inspection, staking, and testing of sanitary sewer and water main. (g)Signing and pavement marking necessitated for the safe and efficient flow of traffic, including detour routes. (h)Replacement of existing sidewalks necessitated by construction and construction of new sidewalk at the time of construction. Sidewalk is considered to be new if it’s constructed in a location where it has not existed before. (i)Replacement of existing driveways, in kind, necessitated by the project. (j)New installations or alteration resulting from roadway construction of standard State street lighting and traffic signals or devices. Alteration may include salvaging and replacement of existing components. Work necessary to complete the improvement to be financed entirely by the Municipality or other utility or 4. Facility Owner includes the following items: (a)New installations of or alteration of sanitary sewers and connections, water, gas, electric, telephone, telegraph, fire or police alarm facilities, parking meters, and similar utilities. (b)New installation or alteration of signs not necessary for the safe and efficient flow of traffic. (c)Roadway and bridge width in excess of standards. 4 (d)Construction inspection, staking, and material testing and acceptance for construction of sanitary sewer and water main. (e)Coordinate, clean up, and fund any hazardous materials encountered during construction. All hazardous material cleanup work shall be performed in accordance to state and federal regulations. (f)Damages to abutting property due to change in street or sidewalk widths, grades or drainage. (g)Conditioning, if required and maintenance of detour routes. (h)Repair of damages to roads or streets caused by reason of their use in hauling materials incidental to the improvement. As the work progresses, the Municipality will be billed for work completed which is not chargeable to 5. federal/state funds. Upon completion of the project, a final audit will be made to determine the final division of costs. If the Municipality should withdraw the project, it shall reimburse the State for any costs incurred by the State 6. in behalf of the project. The work will be administered by the State and may include items not eligible for federal/state participation. 7. The Municipality shall at its own cost and expense: 8. (a)Maintain all portions of the project that lie within its jurisdiction for such maintenance through statutory requirements, in a manner satisfactory to the State and shall make ample provision for such maintenance each year. This agreement does not remove the current municipal maintenance responsibility. (b)Maintain all items outside the travel lane along the project, to include but not limited to parking lanes, curb and gutter, drainage facilities, sidewalks, multi-use paths, retaining walls, pedestrian refuge islands, landscaping features and amenities funded by Community Sensitive Solutions (CSS). (c)Maintain and accept responsibility for the energy, operation, maintenance, repair, and replacement of the lighting system. (d)Use the WisDOT Utility Accommodation Policy unless the Municipality adopts a policy which has equal or more restrictive controls. (e)Provide complete plans, specifications, and estimates for sanitary sewer and water main work. The Municipality assumes full responsibility for the design, installation, inspection, testing, and operation of the sanitary sewer and water system.This relieves the State and all of its employees from the liability for all suits, actions, or claims resulting from the sanitary sewer and water system construction. (f)Maintain all Community Sensitive Solutions and/or enhancement funded items. (g)Coordinate with the State on changes to highway access within the project limits. (h)Assume general responsibility for all public information and public relations for the project and to make a fitting announcement to the press and such outlets as would generally alert the affected property owners and the community of the nature, extent, and timing of the project and arrangements for handling traffic within and around the projects. 5 9.Basis for local participation. **This agreement is for the initiation of preliminary design** (a)Design Engineering (5569-00-01) The Municipality is responsible for 25% of the design engineering costs for improvements on a Connecting Highway. The Municipality may be responsible for the design of decorative street lighting and other enhancement items. (b)Roadway Construction (5569-00-71) The construction estimate is preliminary for program scheduling only. As items are identified during the design phase that require cost participation or are ineligible for Fed/State funding, this agreement will be amended to reflect those costs. 6 General info for Section 9 “Basis of Payment” for future project agreement reference (not part of initial preliminary design agreement) Sidewalk: Replacement of sidewalk necessitated by roadway construction is 100% eligible for Federal/State funding. Costs of new continuous standard sidewalk constructed alongside the STH to WisDOT standards, and installed at the time of project construction are 100% eligible for Federal/State funding if Trans 75 requirements are met. Sidewalk that does not qualify under Trans 75 requirements, but requested by the Municipality is 80% eligible for Federal/State funding. The Municipality may request decorative sidewalk in place of standard sidewalk, however the State will only participate in 100% of the standard sidewalk costs. The decorative sidewalk items are eligible for CSS funding. Lighting: Replacement or salvaged street lighting necessitated by roadway construction is 100% eligible for Federal/State funding. New continuous street lighting designed to accepted WisDOT standards and installed at time of construction is 50% eligible for Federal/State funding. The Municipality may request decorative lighting in place of standard lighting; however the State will only participate in 50% of the standard lighting cost. The decorative lighting items are eligible for CSS funding. All future maintenance and operation costs of the continuous street lighting are the responsibility of the Municipality. Standard lighting for roundabouts is 100% eligible for Federal/State funding; maintenance and operation costs of the lighting is the responsibility of the Municipality on connecting highways. The Municipality may request decorative lighting in place of standard lighting; however the State will only participate in 100% of the standard lighting cost. CSS: The CSS funding is 100% Federal/State with a maximum of $xx,xxx. The Municipality will be responsible for 100% of the costs of the aesthetic items over the Federal/State maximum. All CSS related aesthetic treatments must be finalized 6 months prior to the PS&E date of xx/xx/xxxx. (a CSS itemized list can be spelled out) 7 Date: August 6, 2012 I.D.: 5360-01-01/71 STATE/MUNICIPAL AGREEMENT Title: C Janesville, Milton Avenue FOR A Limits: Centerway to Kennedy Road HIGHWAY IMPROVEMENT PROJECT Highway: STH 26 Length: 1.57 miles County: Rock The signatory City of Janesville, hereinafter called the Municipality, through its undersigned duly authorized officers or officials, hereby requests the State of Wisconsin Department of Transportation, hereinafter called the State, to initiate and effect the highway or street improvement hereinafter described. The authority for the Municipality to enter into this agreement with the State is provided by Section 86.25(1), (2), and (3) of the Statutes. NEEDS AND ESTIMATE SUMMARY: **This agreement is for the initiation of preliminary design** Existing Facility – Existing roadway is a connecting highway with a deterioration of the existing overlay, which is over concrete pavement of various ages. Roadway width varies from 48 feet to 76 feet face to face (including median and turn lane widths). The roadway is undivided from Milton Avenue to Mathison Street, and divided from Mathison Street to north of Kennedy Road. There is no parking present anywhere along the project length. There are crash problems along the entire length of the project. There are no current or projected level of service (LOS) concerns. Proposed Improvement – Reconstruct roadway. Alternatives to be discussed with Municipality to determine final cross section, lane configurations, and intersection improvements. Project will be analyzed to determine how best to accommodate Complete Streets requirements for bicycle and pedestrian accommodations (where feasible). Non-participating Items – Any water and/or sanitary sewer work, which includes design, construction, and oversight/acceptance of work. Any overrun of capped Community Sensitive Solutions (CSS) funding. The project is currently scheduled for 2018 construction. Note: The dollar amounts shown in the above table are estimates unless explicitly identified as maximum amounts. All estimates are 2012 dollars and have an estimated delivery cost of 10%added. 1 Preliminary (pre-scope) estimate 2 Community Sensitive Solutions (CSS) funding is optional Federal/State funding available to the Municipality for enhancing construction projects by integrating them into the community. CSS items must be approved by the State and shall be attributable to LET bid items through a State project. Federal/State CSS funding is capped at $235,000. All CSS costs (including delivery) exceeding $235,000 are the responsibility of the Municipality. 2 This request is subject to the terms and conditions that follow and is made by the undersigned under proper authority to make such request for the designated Municipality and upon signature by the State and delivery to the Municipality shall constitute agreement between the Municipality and the State. No term or provision of neither the State/Municipal agreement nor any of its attachments may be changed, waived or terminated orally but only by an instrument in writing executed by both parties to the State/Municipal Agreement. Signed for and in behalf of the City of Janesville (please sign in blue ink) Name Title Date Signed for and in behalf of the State (please sign in blue ink) Name TitleDate 3 TERMS AND CONDITIONS: 1. The initiation and accomplishment of the improvement will be subject to the applicable Federal and State regulations. 2. The Municipality shall pay to the State all costs incurred by the State in connection with the improvement that exceed Federal/State financing commitments or are ineligible for Federal/State financing. Local participation shall be limited to the items and percentages set forth in the Summary of Costs table, which shows Municipal funding participation. In order to guarantee the Municipality’s foregoing agreements to pay the State, the Municipality, through its above duly authorized officers or officials, agrees and authorizes the State to set off and withhold the required reimbursement amount as determined by the State from any moneys otherwise due and payable by the State to the Municipality. 3. Funding of each project phase is subject to inclusion in an approved program and per the State’s Facility Development Manual (FDM) standards. Federal aid and/or State transportation fund financing will be limited to participation in the costs of the following items as specified in the Summary of Costs: (a)Design engineering and State review services. (b)Real Estate necessitated for the improvement. (c)Compensable utility adjustment and railroad force work necessitated for the project. (d) The grading, base, pavement, curb and gutter, and bridge costs to State standards, excluding the cost of parking areas. (e)Storm sewer mains, culverts, laterals, manholes, inlets, catch basins and connections for surface water drainage of the improvement; including replacement and/or adjustments of existing storm sewer manhole covers and inlet grates as needed. (f)Construction engineering incidental to inspection and supervision of actual construction work, except for inspection, staking and testing of sanitary sewer and water main. (g)Signing and pavement marking necessitated for the safe and efficient flow of traffic, including detour routes. (h) Replacement of existing sidewalks necessitated by construction and construction of new sidewalk at the time of construction. Sidewalk is considered to be new if it’s constructed in a location where it has not existed before. (i)Replacement of existing driveways, in kind, necessitated by the project. (j) New installations or alteration resulting from roadway construction of standard State street lighting and traffic signals or devices. Alteration may include salvaging and replacement of existing components. 4. Work necessary to complete the improvement to be financed entirely by the Municipality or other utility or Facility Owner includes the following items: (a)New installations of or alteration of sanitary sewers and connections, water, gas, electric, telephone, telegraph, fire or police alarm facilities, parking meters, and similar utilities. 4 (b)New installation or alteration of signs not necessary for the safe and efficient flow of traffic. (c)Roadway and bridge width in excess of standards. (d)Construction inspection, staking, and material testing and acceptance for construction of sanitary sewer and water main. (e)Coordinate, clean up, and fund any hazardous materials encountered during construction. All hazardous material cleanup work shall be performed in accordance to state and federal regulations. (f) Damages to abutting property due to change in street or sidewalk widths, grades or drainage. (g)Conditioning, if required and maintenance of detour routes. (h)Repair of damages to roads or streets caused by reason of their use in hauling materials incidental to the improvement. 5. As the work progresses, the Municipality will be billed for work completed which is not chargeable to federal/state funds. Upon completion of the project, a final audit will be made to determine the final division of costs. 6. If the Municipality should withdraw the project, it shall reimburse the State for any costs incurred by the State in behalf of the project. 7. The work will be administered by the State and may include items not eligible for federal/state participation. 8. The Municipality shall at its own cost and expense: (a)Maintain all portions of the project that lie within its jurisdiction for such maintenance through statutory requirements, in a manner satisfactory to the State and shall make ample provision for such maintenance each year. This agreement does not remove the current municipal maintenance responsibility. (b)Maintain all items outside the travel lane along the project, to include but not limited to parking lanes, curb and gutter, drainage facilities, sidewalks, multi-use paths, retaining walls, pedestrian refuge islands, landscaping features and amenities funded by Community Sensitive Solutions (CSS). (c)Maintain and accept responsibility for the energy, operation, maintenance repair, and replacement of the lighting system. (d) Use the WisDOT Utility Accommodation Policy unless the Municipality adopts a policy which has equal or more restrictive controls. (e)Provide complete plans, specifications and estimates for sanitary sewer and water main work. The Municipality assumes full responsibility for the design, installation, inspection, testing and operation of the sanitary sewer and water system. This relieves the State and all of its employees from the liability for all suits, actions, or claims resulting from the sanitary sewer and water system construction. (f)Maintain all Community Sensitive Solutions and/or enhancement funded items. (g)Coordinate with the State on changes to highway access within the project limits. 5 (h)Assume general responsibility for all public information and public relations for the project and to make a fitting announcement to the press and such outlets as would generally alert the affected property owners and the community of the nature, extent, and timing of the project and arrangements for handling traffic within and around the projects. 9.Basis for local participation. **This agreement is for the initiation of preliminary design** (a)Design Engineering (5360-01-01) The Municipality is responsible for 25% of the design engineering costs for improvements on a Connecting Highway. The Municipality may be responsible for the design of decorative street lighting and other enhancement items. (b)Roadway Construction (5360-01-71) The construction estimate is preliminary for program scheduling only. As items are identified during the design phase that require cost participation or are ineligible for Fed/State funding, this agreement will be amended to reflect those costs. 6 DEPARTMENT OF PUBLIC WORKS MEMORANDUM 6 August 2012 TO: City Council FROM: Mike Payne, Engineering Manager SUBJECT: AWARD OF BID SCHEDULE “D” – 2012 CONTRACT 2012-12, TALLMAN HOUSE IMPROVEMENTS – PHASE III CONTRACT 2012-13, SEWER SYSTEM IMPROVEMENTS Summary Bids for Public Works Bid Schedule “D”-2012, Contracts 2012-12 and -13, were opened on Wednesday, July 25, 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 2012-12 and -13 to the low bidders and recommends the City Council express their intent to include necessary funding in a future note issue. City Manager Recommendation The City Manager concurs with the Engineering Division recommendation. Suggested Motion I move to award the base bid plus alternates 1, 3, & 4 of Contract 2012-12 to Gilbank Construction and Contract 2012-13 to R. T. Fox Contractors, the low bidders, and express the intent to include funding in the 2012 Note Issue in the amount of $160,000 for contract 2012-12 and $157,230 for contract 2012-13. Background Contract 2012-12, Tallman House Improvements – Phase III The base bid for this project includes ADA upgrades / modifications to the public restrooms including new fixtures, HVAC, electrical, plumbing and interior wall modifications, an interior motorized chair lift to transfer visitors from the main floor of the house down to the lower level restrooms, and minor masonry joint pointing where there is evidence of water penetrating the exterior brick walls. The alternate bid items include: Alternate Bid 1 – Carriage (side) porch restoration Alternate Bid 2 – Carriage (side) porch roof replacement Alternate Bid 3 – Portico (front) porch restoration Alternate Bid 4 – Portico (front) porch roof replacement AWARD OF BID SCHEDULE “D” – 2012 CONTRACT 2012-12, TALLMAN HOUSE IMPROVEMENTS – PHASE III CONTRACT 2012-13, SEWER SYSTEM IMPROVEMENTS 6 AUGUST 2012 – PAGE 2 OF 3 We received one (1) bid for this project from Gilbank Construction. The Engineering Division is recommending award of this contract to Gilbank Construction, Inc., Clinton, Wisconsin, in the amount of $351,500 for the base bid, alternate 1, alternate 3 and alternate 4. Concurrent with executing the contract, Gilbank has agreed to execute change order #1 to reduce the contract by $72,600 as part of a value engineering process discussed with City and Historical Society staff. Gilbank Construction and the major subcontractor, Sutterlin Restorations, worked together on the 2011 exterior improvements at the Tallman House. Based on that field experience and discussions with staff, the contractors believe the value engineering modifications are appropriate for the 2012 project scope. These changes essentially allow the contractor to restore the exterior woodwork / ornamentation on site similar to the 2011 project rather than remove portions of the ornamental woodwork and require offsite replication / restoration. In addition, the scope change allows the use of molds to recreate the ornamental decorations rather than require hand carved wood work. Alternate bid item 2 is not recommended because the carriage porch roof is not at the end of its useful life. The 2012 Major Capital Projects budget included $450,000 for phase III Tallman House Improvements and design for phase IV improvements although based on this project scope only $250,000 was anticipated to be included in the 2012 Note Issue. The $72,600 in Value Engineering will allow this project to proceed with borrowing $160,000 in 2012. The Rock County Historical Society is considering contributing to this project if the recommended alternates are awarded which would reduce the actual borrowing in 2012. Staff will update the Council at the August 13 meeting. The completion of phase III improvements along with previously completed phases I & II essentially corrects ADA deficiencies and restores the deteriorated exterior of the Tallman House thereby preserving the interior condition of this facility. It is likely a masonry joint pointing project will be required within the next 10 years as the original mortar is more than 150 years old and has not received a comprehensive masonry joint pointing project since initial construction. Anticipated Phase III Project Costs: Consultant and Engineering costs $28,150 Base Bid $110,000 Alternate Bid 1 $79,200 Alternate Bid 3 $154,700 Alternate Bid 4 $7,600 Less Value Engineering for alternates 1, 3, & 4 ($72,600) Contingency (10%) $32,950 Project Total = $340,000 AWARD OF BID SCHEDULE “D” – 2012 CONTRACT 2012-12, TALLMAN HOUSE IMPROVEMENTS – PHASE III CONTRACT 2012-13, SEWER SYSTEM IMPROVEMENTS 6 AUGUST 2012 – PAGE 3 OF 3 Project Funding: Prior Note Issues $180,000 2012 Note Issue $160,000 Project Total = $340,000 The bid received is shown below: Gilbank Construction, Inc. Total Base Bid: $110,000.00 301 Scot Drive, P.O. Box 718 Add Alternate 1: $79,200.00 Clinton, WI 53525 Add Alternate 2: $9,150.00 Add Alternate 3: $154,700.00 Add Alternate 4: $7,600.00 Contract 2012-13, Sewer System Improvements This project includes excavated repair, replacement or abandonment of approximately 10 (8”-10” diameter) sanitary sewer and manhole locations, excavated replacement of 375 L.F. of 12”-18” storm sewer, and 375 L.F. of 8” sanitary sewer, along with associated street and non-paved surface restoration. We received five (5) bids for this project, with R. T. Fox Contractors providing the low bid. The Engineering Division is recommending award of this contract to R. T. Fox Contractors, Inc., Edgerton, Wisconsin, in the amount of $203,401. Anticipated Project Costs: Contract $203,401 Force Account, Engineering, & Contingency (15%) $30,499 Project Total = $233,900 Project Funding: Operating Budget $76,670 2012 Note Issue $157,230 Project Total = $233,900 The bids received are shown below: R. T. Fox Contractors, Inc. Total – Part A: $37,200.00 5628 Hwy. M Total – Part B: $72,000.00 Edgerton, WI 53534 Total – Part C: $94,201.00 Grand Total: $203,401.00 Bjoin Limestone Total – Part A: $43,467.00 AWARD OF BID SCHEDULE “D” – 2012 CONTRACT 2012-12, TALLMAN HOUSE IMPROVEMENTS – PHASE III CONTRACT 2012-13, SEWER SYSTEM IMPROVEMENTS 6 AUGUST 2012 – PAGE 4 OF 3 8500 Greenway Blvd., Suite 202 Total – Part B: $87,963.00 Middleton, WI 53562 Total – Part C: $101,106.50 Grand Total: $232,536.50 E & N Hughes Co., Inc. Total – Part A: $40,315.00 N2629 Coplien Road, P.O. Box 408 Total – Part B: $89,426.00 Monroe, WI 53566 Total – Part C: $121,362.50 Grand Total: $251,103.50 Maddrell Excavating Total – Part A: $51,395.00 N50 W23076 Betker Road Total – Part B: $92,950.00 Pewaukee, WI 53072 Total – Part C: $120,466.00 Grand Total: $264,811.00 Globe Contractors, Inc. Total – Part A: $53,667.00 N50 W23076 Betker Road Total – Part B: $130,760.00 Pewaukee, WI 53072 Total – Part C: $110,003.00 Grand Total: $294,430.00 cc: Eric Levitt, Jay Winzenz, Carl Weber CITY MANAGER’S MEMORANDUM August 8, 2012 TO: Council President Voskuil and City Council FROM: Eric J. Levitt SUBJECT: Discussion and possible action on Council request to review method of sidewalk financing Request Council members Liebert and Farrell have requested that the City Council evaluate the method of financing sidewalks. Recommendation The City Manager has a general recommendation that any changes that the Council wants to take be in conjunction with the 2013 Budget and begin with the 2013 sidewalk program. st On the Task Forces’ 1 recommendation of an 18 month notice period, the impact would be that the 2013 program would not move forward or that the 18 month notice period could not begin until 2014. In addition, specific contract prices and assessments would not be available until closer to the construction. ndrd On the Task Forces’ 2 and 3 recommendations, the impact would be to move the costs from the abutting property owners paying the cost to the general tax payer paying the costs. Only 35% of the funding for the staff in the Engineering department comes from the General Fund operating budget. The remainder (65%) is charged directly against specific projects such as the construction of new streets, sidewalk construction, the installation of utilities, and landfill construction and closure and development projects.I If the change was made so administrative costs were paid by the general tax payers and not be placed on the sidewalk assessment to the individual affected property owners then either the City would need to reduce other general fund costs, apply the administrative costs to the general capital account which would impact the tax rate, or reduce staffing capacity for sidewalks and capital projects. Also, the third recommendation would increase the tax levy by moving the debt service from the special assessment account to the General Fund. However, overall if the City applied the ordered repairs to the General borrowing, all property owners who had sidewalks equally benefit over time. I have no feasible recommendation on the fourth recommendation of the Task Force. Motion I move to direct staff to bring back a proposal that meets the following parameters, ___________________. Summary The City Council appointed Sidewalk Task Force has been meeting since May of 2012 and previously brought forward recommendations on the installation of sidewalk in the 2012 program. One area that the Task Force has discussed in a few meetings was the method of financing of sidewalks in the City of Janesville. Sidewalks can be installed in two ways currently.  The first way to install sidewalk is for an individual to hire a contractor and pay the contractor to install the sidewalk. Since we currently do not have a permit fee, the cost to the homeowner is the cost of the contract with the private contractor.  The second way to install the sidewalk is to have it installed through the City contract. If this approach is taken by a property owner, the individual is assessed for their linear foot proportion of the cost of construction, the engineering design cost, administrative costs associated with the sidewalk program and interest costs. By choosing this method a property owner can pay the cost over a 5 year period of time. Various members of the Sidewalk Task Force had concerns with the method used to finance and believed that it may be inequitable as well as a cause to some of the conflict over sidewalks. By consensus, the committee provided four recommendations outlined below. Sidewalk Task Forces’ Recommendation on Financing The Task Force discussed financing options for sidewalk financing. The committee agreed to provide series of approaches to the City Council for consideration: 1. Notice to the affected property owners shall be provided 18 months in advance of the sidewalk program. 2. Administrative costs shall be paid by the general tax payers and not be placed on the sidewalk assessment to the individual affected property owners. 3. All ordered repairs of existing sidewalks shall be placed on the general tax roll. 4. The installation all new sidewalks shall be placed on the general tax roll if the issue of past inequity can be mitigated. Attachments:  Letter from Task Force Committee Member  Attached Spreadsheet from Committee Member  Attached Spreadsheet provided by Accounting Esteemed council members I am a member of the Sidewalk committee that you appointed to take the time consuming step of rationalizing the current sidewalk program. It has taken us an extraordinary amount of time to sort through the variables associated with the wants and the needs for sidewalks. I believe that the committee is performing well. Given the detail we have been asked to review, we find that your time frames are aggressive, but realistic deadlines are helpful. The purpose of my communication is to share with you some of my thoughts regarding a by- product of our duties. That by-product is the financing of sidewalk installation. I have attached a chart that contains information provided to me by Manager Levitt. It shows that the city generates a positive cash flow through the sidewalk program. You do that through adding engineering department overhead to the cost of the contract to install sidewalks; through borrowing, in two of the last three years, more money than is required to pay off the cost of the sidewalk contract; and through the difference between the interest charged the property owner and the cost of city borrowing. So what? When you decide to cover the operating costs of any city department you have 7 avenues for funding: 1)State revenue sharing 2)Federal revenue sharing 3)County revenue sharing 4)Grants 5)User fees 6)Fines and penalties 7)Taxes When you ask the adjoining property owner to cover the cost of city overhead in addition to the cost of providing the city with a sidewalk on city property, it is an additional tax. It is a tax which may be avoided by hiring a contractor other than the city to install the sidewalk. However, some folks choose to have the city do the installation. Of those who choose to have the city oversee the installation, many choose the 5 year plan because they do not have the cash necessary to cover the expense immediately. There couldn’t be a more regressive tax. First the city decides it wants sidewalks on its property (if the sidewalk committee does its job, for legitimate community reasons), then it engineers them, then it asks abutting property owners to fund their installation. For those who choose to have the city do it, an additional fee is added. That fee is the engineering cost for the whole project. Borrowing money to finance a capital project makes perfect sense. Borrowing money to fund operational costs is another matter. It is a red flag for future fiscal problems. Last year the borrowing was prudent, as was the reduction of interest rates charged to the taxpayer. I hope these were intentional instead of accidental. Another area that needs daylight shined on it is the “funded” sidewalk program. Are the collected funds placed in an escrow account? What were the cost projections when the assessment was made? How accurate have the projections been? Is the cost of funded sidewalks when installed greater or less than projected? If less, how is the difference funded? If more, is the excess used to reduce the cost of non-funded sidewalks? As you begin reviewing the budget for next year, I ask you to question your comfort level with these dynamics. Former and current council members on the committee have indicated that historically the financing of sidewalks has been a major complaint. Please solve it to remove it as a source of contention. Thank you Bob Yeomans 2943 Timber Lane Janesville New Sidewalks 07/13/12 ConstructionAssessed AssessedAssessed City of Janesville2009Rate per LF2010Rate per LF2011Rate per LF Contract Cost$ 358,591.00$ 77,806.00$ 422,446.00 Collected Revenue$ 403,762.00$ 24.70$ 132,239.00$ 24.60$ 482,870.00$ 25.43 Cash flow to City$ 45,171.00$ 3.49 $ 54,433.00$ 15.57$ 60,424.003.18 Amount borrowed $ 415,000.00$ 240,000.00$ 390,000.00 1) to cover construction costs$ 358,591.00$ 77,806.00$ 390,000.00 2) to cover city operational costs$ 56,409.00$ 162,194.00$ - If I am reading this correctly, my statement at the second meeting that the sidewalks are cash flow positive to the city is correct. My next Question is about the general obligation bond. I Noticed that the amount borrowed is greater than both the direct and cost accounting amounts allocated to sidewalks. Is that a long term obligation or is it paid back as cash comes in from the project? CITY MANAGER’S MEMORANDUM August 2, 2012 TO: City Council FROM: Eric J. Levitt SUBJECT: Appointment of volunteers for Citizen Advisory Committee on Appointments Request This is a request the Council confirm the appointments of the Council President. Recommendation No recommendation. Motion I move to confirm the appointments of the Council President which includes the following appointments:  Ed Pulliam as voting member of the Citizen Advisory Committee on Appointments.  Catherine Myers as the alternate member of the Citizen Advisory Committee on Appointments.  Council members Farrell and Kealy as Council representatives to the Janesville Innovations Center Advisory Committee. Summary Recently, the Citizens Advisory Committee on Appointments met to make their recommendations for the Citizen Advisory Committee on Appointments and Plan Council President Commission vacancies. Please find below their recommendations. Voskuil is appointing the volunteers recommended by the Committee for the Citizen Advisory Committee on Appointments. I am appointing the Plan Commission volunteer recommended by the Committee. The unapproved minutes of the Committee’s meeting, a listing of all citizens that volunteered (fact sheets), and the applications of the recommended volunteers are included for your reference. In addition, there were multiple volunteers to be City Council representatives for the Janesville Innovations Center Advisory Committee. This Committee will be making recommendations on the structure of a 501c3 Board and determining various components of the final composition of the 501c3 structure. Council President Voskuil recommends appointing Councilmember Kealy and Councilmember Farrell to this Advisory Committee. Eligibility To be eligible for an appointment to a standing committee, individuals must have interest or knowledge in the committee’s subject matter. Volunteers should also be available to meet at the committee’s regular meeting time. Recommendations for Council President Appointments (confirmed by entire Council) Council President Voskuil is appointing the volunteers recommended by the Committee. Citizen Advisory Committee on Appointments Ed PulliamCatherine Myers The Committee recommends as the voting member and as the alternate member. Recommendation for City Manager Appointment (no Council confirmation needed) Plan Commission George Brunner The Committee recommends . The City Manager intends to appoint George Brunner. Attachments: 8-1-12 unapproved minutes; fact sheets; applications for recommended volunteers. Record of Citizen Advisory Committee on Appointments August 1, 2012 Page 1 Meeting of the City of Janesville Citizen Advisory Committee on Appointments held in the Municipal Building first floor conference room on August 1, 2012 Committee Members Present: Ron Combs, Judith Detert-Moriarty, Ed Pulliam, Dave Reimer Staff Present:Rebecca Smith, Sue Musick Citizen Present: Catherine Myers Agenda Items Roll Call The meeting began at approximately 1:30PMwith Combs, Detert-Moriarty, Pulliam andReimerpresent. Detert-Moriarty served as the temporary meeting chair. Approval of June 4, 2012 meeting minutes Combs motioned to approve the minutes; Reimer seconded the motion and the vote was 4-0-0 in favor. Selection of Committee Chair Following discussion, Reimernominated Detert-Moriarty as Committee Chair; Combs seconded the motion and the vote was 3-0-1 in favor with Detert-Moriarty abstaining. Presentations regarding role and purpose of the Police & Fire Commission Musickshared an overview of the PFC, including the role and purpose of the Committee, as requested by the Committeeat their March meeting. The PFC is required by state statute for any community greater than 4,000 residents in population. Selection of recommended nominees for the following Boards, Commissions and Committees Detert-Moriarty offered Catherine Myers theopportunity to speak. Myers thanked the group and sharedwhy she is interested in serving on the Citizen Advisory Committee on Appointments. Citizen Advisory Committee on Appointments Following committee discussion,Combsmotioned to recommend Ed Pulliamfill the voting member vacancy. Reimer seconded the motion and the vote was 3-0-1 in favor with Pulliam abstaining. Following committee discussion,Pulliam motioned to recommend Catherine Myers fill the alternate member vacancy. Detert-Moriartysecondedthe motion and the vote was 4-0-0 in favor. Plan Commission Following committee discussion,Pulliammotioned to recommend George Brunnerfill the vacancy. Combs seconded the motion and the vote was 4-0-0 in favor.The Committee chose to recommend an additional person for the Plan Commission vacancy in case George Brunner is unable to serve. Following committee discussion,Combs motioned to recommend Rich Gruber fill the Plan Commission vacancy if George Brunner is unable to serve. Pulliam seconded the motion and the vote was 4-0-0 in favor. Adjournment The meetingadjourned at approximately 2PM. These minutes are not official until approved by the Citizen Advisory Committee on Appointments. Rebecca Smith, Management Assistant Page 1 Fact Sheet for Citizen Advisory Committee on Appointments Purpose The purpose of this committee is to recommend to the City Manager and Council President citizen nominees to municipal standing committees, commissions and boards. Vacancies(3-year term) 1 voting member vacancy (term expires 2014; possible appointment of Ed Pulliam from alternate to voting member) 1 alternate member Eligibility to Serve To be eligible for an appointment to a committee, individuals must be a resident of the City of Janesville and have interest or knowledge in the committee’s subject matter. Volunteers should also be available to meet at the committee’s usual meeting time. Current Members NameAddressOccupation Combs & Associates, Inc. – Ron Combs410 Clearview CourtLand Surveyor Judith Detert-Moriarty23 S Atwood AvenueArtist/Civic Activist David Riemer1208 Glen StreetHarris Ace Hardware Larry Squire4245 Wilshire LaneJohnson Bank –Banker Mary Willmer-Sheedy (resigned)3919 Park View DriveM & I Bank –Com. President Self Employed –Real Estate Ed Pulliam, Alternate313 S Harmony DriveBroker Volunteers NameAddressOccupation Retired –Mining, marine and industrial equipment for repair Gary Carr4065 Tripp Roadand new installations. Duane Fay306 Milton AvenueRetired Joanne Hansen(currently serves on Automated Trash Collection Workgroup)1619 S Arch StreetRetired Henry Havlik635 Logan StreetRetired Jeffrey Lind (appointed to Sustainable Janesville Committee) 2603 Affirmed DriveManager 515 St Lawrence Hononegah High School– Catherine MyersAvenueTeacher Page 2 NameAddressOccupation Ed Pulliam (alternate to Self Employed –Real Estate voting member)313 S Harmony DriveBroker Mercy HealthSystem, American Red Cross – Laurie VanderJagt1323 N Oakhill AvenueMedical Assistant, Volunteer Nancy Wait408 S Main Apt. 21Retired Teacher Dean Health System - Lance Wehrly221 E Holmes StreetPhysician Tom Wolfe (appointed WI Business Development Zoning Board of Appeals Finance Corporation –Chief Alt #2) 1207 Shannon CourtCredit Officer Page 1 Fact Sheet for Plan Commission Purpose The Plan Commission is established by State Statutes and reviews items referred from the City Council relating to planning, zoning, and physical development. Vacancies(3-year term) 1 vacancy(term expires 2014) Eligibility to Serve To be eligible for an appointment to a committee, individuals must be a resident of the City of Janesville and have interest or knowledge in the committee’s subject matter.Volunteers should also be available to meet at the committee’s usual meeting time. Current Members NameAddressOccupation Judy Adler320 Oakland AvenueRetired Consigny Andrews Hemming &Grant Robert Consigny 632 Somerset DriveSC –Attorney Deborah Dongarra-AdamsLand Title & Closing Services - (Councilmember)615 Waveland RoadManager Edward Madere 1135 Columbus CircleRetired City Manager MarkleinBuilders, Inc. – Douglas Marklein3919 Dorchester DriveDesigner/Expeditor David Siker(resigned) 4115 Eastridge DriveHampton Inn –General Manager Kathy Voskuil (Councilmember)3417 Amhurst RoadPfizer, Inc. –Pharmaceutical Sales Volunteers NameAddressOccupation George Brunner2423 Stonefield LaneRetired Duane Fay306 Milton AvenueRetired Mercy Health System –Health Care Richard Gruber4212 Orion DriveExecutive David Habeck1466 Marquette StreetU-Haul –General Manager 1315 Hawthorne Marilyn HardyAvenueRetired Henry Havlik635 Logan StreetRetired Matt Honold(appointed to Angus Young Associates - Historic Commission) 4132 CobblestoneArchitecture Christopher KoeppenGEICO –Auto Damage Adjuster (appointed to Sustainable (Former Spanish Teacher @ Parker Janesville Committee)820 Blaine AvenueHigh School) Page 2 NameAddressOccupation Jeffrey Lind (appointed to Sustainable Janesville Committee) 2603 Affirmed DriveManager DP Electronic Recycling –Sales Frank Perrotto4512 E MilwaukeeManager Rock County –Computer Michael Southers1841 S Chatham StreetSupport/Instruction Lance Wehrly221 E Holmes StreetDean Health System –Physician CVS Pharmacy (Beloit) –Shift Daniel Wilkinson320 Cornelia StreetSupervisor Tom Wolfe (appointed Wisconsin Business Development Zoning Board of Appeals Finance Corporation –Chief Credit Alt. #2) 1207 Shannon CourtOfficer CITY MANAGER’S MEMORANDUM August 8, 2012 TO: Council President Voskuil & City Council FROM: Eric J. Levitt, City Manager SUBJECT: Schedule budget study sessions for 2013 Budget. The City Manager requests that the City Council schedule 4 study sessions in October to review the Proposed 2013 Budget. If the budget review is completed prior to the fourth study session, it would be cancelled. At the completion of the study sessions, there will be two Public Hearings scheduled in November. The budget could be approved at the conclusion of the second public hearing and a Special meeting will be set in late November to establish the Tax Levy. The requested dates for scheduling the budget study sessions are the following dates to begin at 6:00 p.m.  Thursday October 4, 2012  Wednesday October 10, 2012  Thursday October 11, 2012  Thursday October 18, 2012 Proposed Motion: I move to schedule four budget study sessions on October 4, October 10, th October 11 and October 18 all to be held at 6:00 p.m. I would also request that each Councilmember waive notice. 1 Community Development Department Memorandum Date: August 3, 2012 TO: Janesville City Council FROM: Brad Schmidt, AICP, Associate Planner SUBJECT: Introduce, refer to Plan Commission and schedule a public hearing on a proposed ordinance rezoning a portion of property located at 115 East Conde Street from M2 to B3 (File Ordinance No. 2012-518). _____________________________________________________________________ Robert Kerman has submitted a request to rezone a portion of property located at 115 East Conde Street from M2 to B3. The applicant has proposed combining the subject parcel with the adjacent parcel to the west which includes a bar and grill known as the Back Bar. The subject parcel was previously rezoned from B3 to M2 in 1998 and sold to the industrial property to the north for a building expansion that never materialized. The applicant has proposed rehabbing two softball diamonds on the subject property which have not been used since the property was rezoned in 1998. Outdoor recreation is not permitted in the M2 district and thus, requires a rezoning to the B3 distinct where the proposed softball complex would require conditional use review. The Planning Department recommends that following the first reading of Ordinance No. 2012-518, it be referred to the Plan Commission for review and recommendation and then scheduled for public hearing on September 10, 2012. cc: Eric Levitt Jay Winzenz ORDINANCE NO. 2012-518 An ordinance changing the zoning classification of a portion of property located at 115 East Conde Street from M2 to B3, with a penalty and injunctive relief for a violation thereof as set forth in Section 18.28.010 of the Code of General Ordinances of the City of Janesville. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. The zoning classification of the following described property is hereby changed from M2, General Industrial District to B3, General Commercial District. th Part of the SW. ¼ of the NW.1/4 of Section 7, T.2N., R.13E. of the 4 P.M., City of Janesville, Rock County, Wisconsin, described as follows: Commencing at the SW corner of Certified Survey Map Document No. 875487 as o recorded in Volume 7 on Pages 89 and 90; thence South 002’15” East 59.97 feet to the oo place of beginning; thence South 8508’27” East 150.60 feet; thence South 5438’50” oo East 143.60 feet; thence South 2614’54” East 96.90 feet; thence South 000’20” West oo 621.91 feet; thence North 5933’27” West 359.05 feet; thence North 002’15” West 622.73 feet to the place of beginning. Containing 4.77 acres. SECTION II. This ordinance shall take effect immediately upon adoption by the Common Council, the public health, welfare, peace, tranquility, good order, public benefit, and police power so requiring. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Dongarra-Adams Farrell Eric J. Levitt, City Manager Kealy Liebert ATTEST: Severson Steeber Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Applicant Prepared by: Community Development Department Óï ݱ²¼» Óî Þí Óî Þí q Ô»¹»²¼ Í«¾¶»½¬ Í·¬» Ʊ²·²¹ Þ±«²¼¿®§ Îï Í·²¹´»óÚ¿³·´§ ú Ì©± Ú¿³·´§ λ­·¼»²½» Ü·­¬®·½¬ Ñí Ò»·¹¸¾±®¸±±¼ Ѻº·½» Ü·­¬®·½¬ Óï Ô·¹¸¬ ײ¼«­¬®·¿´ Ü·­¬®·½¬ ÎïÜ Ì©± Ú¿³·´§ λ­·¼»²½» Ü·­¬®·½¬ Þï Ò»·¹¸¾±®¸±±¼ ݱ²ª»²·»²½» Ü·­¬®·½¬Óî Ù»²»®¿´ ײ¼«­¬®·¿´ Ü·­¬®·½¬ Îî Ô·³·¬»¼ Ù»²»®¿´ λ­·¼»²½» Ü·­¬®·½¬ Þî ݱ³³«²·¬§ ͸±°°·²¹ Ü·­¬®·½¬Óí Ý»²¬®¿´ Ô·¹¸¬ ײ¼«­¬®·¿´ Ü·­¬®·½¬ Îí Ù»²»®¿´ λ­·¼»²½» Ü·­¬®·½¬ Þí Ù»²»®¿´ ݱ³³»®½·¿´ Ü·­¬®·½¬Óì Ý»²¬®¿´ Ù»²»®¿´ ײ¼«­¬®·¿´ Ü·­¬®·½¬ Ü¿¬»æ éñïïñïî ÎíÓ Ó»¼·«³ Ü»²­·¬§ λ­·¼»²½» Ü·­¬®·½¬ Þì Þ«­·²»­­ Ø·¹¸©¿§ Ü·­¬®·½¬ß ß¹®·½«´³¬«®¿´ Ü·­¬®·½¬ Îì Ý»²¬®¿´ λ­·¼»²½» Ü·­¬®·½¬ ͽ¿´»æ ïþã îððù Þë Ý»²¬®¿´ Þ««­·²»­­ Ü·­¬®·½¬ Ó Ó·²·²¹ Ü·­¬®·½¬ Ñï Ѻº·½» ñ λ­·¼»²½» Ü·­¬®·½¬ Þê Ý»²¬®¿´ Í»®ª·½» Ü·­¬®·½¬ Ý Ý±²­»®ª¿²½§ Ü·­¬®·½¬ Ó¿° ݱ±®¼·²¿¬»æ Òóïï Ñî Ý»²¬®¿´ Ѻº·½» ñ λ­·¼»½» Ü·­¬®·½¬ ÞÌ Þ«­·²»­­ Ì»½¸²±´±¹§ Ü·­¬®·½¬ ÔÑÝßÌ×ÑÒ ñ ÆÑÒ×ÒÙ ÓßÐ Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ ÎÛÆÑÒ×ÒÙ ÑÚ ÐÑÎÌ×ÑÒ ÑÚ ïïë ÛßÍÌ ÝÑÒÜÛ ÍÌ ÓßÐ ï ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ ÚÎÑÓ Óî ÌÑ Þí ÍæЮ±¶»½¬­Äд¿²²·²¹ÄÝ¿­»­ÄÝ¿­»­óîðïîÄÒóïïóÞ¿½µ ±º ¬¸» Ç¿®¼ 릱²» Community Development Department Memorandum August 13, 2012 TO: Janesville City Council FROM: Brad Schmidt, AICP, Associate Planner SUBJECT: Introduce, refer to Plan Commission, and schedule Common Council public hearing and action at such dates and times as the Council President may determine on a proposed ordinance amending the City of Janesville Sign Ordinance to allow the Plan Commission to reduce the separation distance between off-premise electronic message center (EMC) signs. (File Ordinance No. 2012-519) At the request of Council President Voskuil and Council Member Dongarra-Adams, the Community Development Department has prepared attached File Ordinance No. 2012-519 which amends Section 14.24.095.D of the Janesville Code of General Ordinances. The current Janesville Sign Code includes provisions that regulate the placement of two types of off-premises signs, typically referred to as billboards: electronic message center (EMC) billboards, and non-EMC (static) billboards. Both types of billboards require a minimum separation distance of at least 750 feet from another billboard as measured along the same side of the street of the abutting sign parcel. The Sign Code gives the Plan Commission the authority to reduce the separation distance for static billboards to no less than 375 feet when certain criteria are met. The Plan Commission does not currently have the authority to reduce the separation distance for EMC billboards and any reduction in that distance currently must be approved by the Zoning Board of Appeals as a variance. This ordinance amendment proposes to grant to the Plan Commission the authority to reduce the separation distance for EMC billboards to not less than 375 feet and requires the same review criteria to be met as for static billboards. The City Attorney has concluded that the current wording of proposed File Ordinance No. 2012- 519 is sufficiently general, inclusive, and broad in scope so as to enable amendments that might be potentially recommended by the Plan Commission and/or adopted by the Common Council to occur without the necessity for re-introduction, re-referral, or rehearing(s) of File Ordinance No. 2012-519 as potentially so amended. The Community Development Department recommends that following the first reading of proposed File Ordinance No. 2012-519, that it be referred to the Plan Commission for review, public hearing(s), and recommendation. The Plan Commission may hold additional public hearings on the matter depending upon amendment(s) that the Plan Commission may propose after their initial public hearing. These additional Plan Commission public hearing(s) may be scheduled, noticed, and held without the necessity for prior referral back to, or direction from, the Common Council. Proposed File Ordinance No. 2012-519 will be scheduled for City Council regular meeting public hearing and action for such date(s) and time(s) after the Plan Commission hearing(s), potential amendment(s), and recommendation(s) as the Council President may, from time to time, decide in the future. cc: Duane Cherek Eric Levitt Jay Winzenz ORDINANCE NO. 2012-519 An ordinance amending the City’s Sign Ordinance with regard to off-premise electronic message center signs section by adding language to give the Plan Commission authority to reduce the separation distance between off-premise EMC signs to no less than 375 feet of JGO Chapter 40 with penalties for violations thereof as set forth as applicable in JGO 14.48.050. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Section 14.24.095(D) 2. of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: 14.24.095(D) Off-premises signs 2. All off-premises signs meeting the definition of electronic message signs shall be spaced not less than 750 feet from any other off-premises signs. (a) The Plan Commission shall have the authority to vary the above spacing through the Conditional Sign Permit process outlined in Section 14.48.015 to not less than 375 feet in order to allow the construction of a new off-premises electron message sign. The Plan Commission, in its review, shall consider the following: i. The relationship of the proposed off-premises electronic message sign location to other off-premises signs, on-premises signs, existing man-made and natural features and residential and agriculture zoned properties. ii. The impact of the proposed off-premises sign on existing residences in the surrounding area regardless of the zoning of the parcel on which said residences are located. iii. The impact of the proposed off-premises electronic message sign on the development or redevelopment of the parcel on which it is proposed to be located. SECTION II. This ordinance shall take effect immediately upon adoption by the Common Council, the public health, welfare, peace, tranquility, good order, public benefit, and police power so requiring. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Absent Pass 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: Community Development Department Prepared by: Community Development Department