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Full Agenda Packet CITY OF JANESVILLE CITY COUNCIL MEETING AGENDA MONDAY, June 14, 2010 7:00 P.M. 1. Call to Order and Pledge of Allegiance. 2. Roll Call. 3. Minutes of City Council meetings: “C” A) Special meeting of May 18, 2010. B) Regular meeting of May 24, 2010. C) Special meeting of May 25, 2010. 4. Licenses; and Recommendations of the Alcohol License Advisory Committee including an appeal of the denial of an operator’s license for Sara Henning. (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 amending Section 15.01.100(B) and various provisions of Section 18.36.070 B.2 (Historic Overlay District) of the Code of General Ordinances of the City of Janesville. (Revised File Ordinance No. 2010-453) NEW BUSINESS 1. Award of contracts C2010-9 (Evonik stormwater mitigation) and C2010-10 (Willow Glade greenbelt) for Public Works Bid Schedule “D” – 2010. ----------------------- “C” – This designation indicates an item that the City Council will take up under a Consent Agenda. City Council Agenda – June 14, 2010 Page 2 NEW BUSINESS (CONTINUED) 2. Discuss status of old Case Feed building. 3. Requests and comments from the public on matters which can be affected by Council action. 4. Matters not on the Agenda. 5. Consideration of a motion to convene into closed session, pursuant to Wisconsin Statute Section 19.85 (1)(c) to conduct the employment, promotion, compensation, and performance evaluation of the City Manager over whom the governmental body has jurisdiction or exercises responsibility. 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 May 18, 2010 VOL. 61 NO. 4 A special meeting of the City Council of the City of Janesville held in the Municipal Building on May 18, 2010. The meeting was called to order by Council President Voskuil at 6:30 PM. Council Present: Council President Voskuil, Councilmembers Brunner, Perrotto, Steeber, and Truman. Absent: Councilmembers McDonald and Rashkin. Janesville Sustainable Committee Present: Committee Chair Dan Swanson, Committee members Julie Backenkeller, Kevin Bishop, Holly Griffin, Ann Hyzer, and Walter Walker. Absent: Committee member Mike Brace. Council and Committee members introduced themselves and shared their backgrounds. Review City Council expectations of Janesville Sustainable Committee (JSC) and possible goal setting for the 2010—2011 year Council President Voskuil shared housekeeping information and time constraints for this meeting. The JSC sees their role as: 1) idea generator; 2) sharing early development concepts; and 3) collaborate JSC goals with City staff. City Council expectations of the JSC are: 1) idea generation; 2) advisory to Council; 3) review the big picture; and 4) respect for decisions. Mutual expectations brainstormed included: 1) idea generation/advisory to the Council; 2) mutual respect/open-minded listening; and 3) collaborative effort toward Sustainable Committee goals established by the City. By consensus, the Council and JSC agreed that the JSC role would be: 1) Council will forward projects for analysis and recommendations by JSC; and 2) the Janesville Sustainable Committee will bring forward ideas for Council approval. No action taken on goal setting for 2010—2011. A joint study session was scheduled on June 14, 2010 at 5:30 PM for further discussion. The next Janesville Sustainable Committee meeting is June 8, 2010 at 6:30 PM. Matters not on the Agenda There were none. Councilmember Truman moved to adjourn, seconded by Councilmember Steeber and passed unanimously. There being no further business, Council adjourned at 8:10 PM. These minutes are not official until approved by City Council. Jean Ann Wulf City Clerk-Treasurer PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING MAY 24, 2010 VOL. 61 NO. 5 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on May 24, 2010. The meeting was called to order by Council President Voskuil at 7:00 PM. Council President Voskuil led the Council in the Pledge of Allegiance. Present: Council President Voskuil, Councilmembers Brunner, McDonald, Perrotto, Rashkin, Steeber, and Truman. CONSENT AGENDA Minutes of the regular meeting of May 10, 2010. Licenses and Recommendations of the Alcohol License Advisory Committee, including an appeal of the denial of an operator’s license from Sara Henning. Financial Statement for the month of April 2010. Council President Voskuil removed the Recommendations of the Alcohol License Advisory Committee including an appeal of the denial of an operator’s license for Sara Henning from the Consent Agenda. She stated that all other items on the consent agenda would be approved if there were no objections. There were none. Councilmember Brunner moved to remove the license renewal for McStaggers, seconded by Councilmember McDonald and passed unanimously. Councilmember Brunner moved to renew McStaggers with notice that, pending action or recommendation by the Alcohol License Advisory Committee and/or the Police Department, the license, dependent upon the operation of the business, may be subject to suspension or revocation, seconded by Councilmember Steeber and passed by the following vote: Aye: Brunner, Perrotto, Rashkin, Steeber, Truman, and Voskuil. Nay: McDonald. Councilmember Steeber moved to approve remaining alcohol licenses as presented, seconded by Councilmember Rashkin. Councilmember Rashkin offered a friendly amendment to remove Class B Reserve licenses. The friendly amendment was accepted by the maker. The motion, as amended, passed unanimously. Councilmember Steeber moved to approve the Class B Reserve licenses, seconded by Councilmember Rashkin and passed by the following vote: Aye: Brunner, McDonald, Perrotto, Steeber, Truman, and Voskuil. Pass: Rashkin. OLD BUSINESS 1. Requests and comments from the public regarding items on the agenda not requiring a public hearing. Ty Bollerud, 4608 Pendleton Ct., requested Council add a bike trail as part of the Janesville-Milton-Whitewater transportation project (NB #1). Burdette Erickson, 115 S. High St., spoke in favor of purchasing 321 E. Court St. (NB #5). Andreah Briarmoon, 339 S. Locust St., asked Council to televise study session (NB #9), spoke against demolition of 321 E. Court St., and stated the Community Development Department name is confusing. NEW BUSINESS 1. Presentation on the Janesville-Milton-Whitewater transportation project. City staff requested Council approval to work on service and funding plans with Milton and Whitewater. Councilmember Steeber moved to support the request to continue negotiations with Milton and Whitewater for the transportation project, seconded by Councilmember Rashkin and passed unanimously. 2. Action on a proposed resolution authorizing the Common Council to fund, accept ownership, and allow placement of a “Westgate Corridor” entrance sign located in the median of W. Court St. between N. Washington St. and the 5-points intersection. Councilmember Truman moved to adopt said resolution, seconded by Councilmember Perrotto and passed by the following vote: Aye: Perrotto, Rashkin, Steeber, Truman, and Voskuil. Nay: Brunner and McDonald. (File Res. No. 2010-700) 3. Action on a request from City staff to publish property ownership information on the City’s website. Councilmember McDonald moved to publish property owners’ names on the City’s website, not allow owners to opt out and that owners’ names are not a search criterion in the online application, seconded by Councilmember Steeber and passed by the following vote: Aye: Brunner, McDonald, Rashkin, Steeber, Truman, and Voskuil. Nay: Perrotto. 4. Award of Contracts C2010-7 (Sandhill Drive paving) and C2010-8 (storm sewer improvements) for Public Works Bid Schedule “C”-2010. Councilmember Steeber moved to award said contracts as follows: Contract C2010-7 Rock Road Companies, Inc. $167,983.07 Contract C2010-8 R.T. Fox Contractors, Inc. $274,710.00 The motion was seconded by Councilmember Brunner and passed unanimously. 5. Action on a proposed resolution authorizing the acquisition and demolition of property at 321 E. Court St. Councilmember Rashkin moved to adopt said resolution, seconded by Councilmember Brunner. Councilmember McDonald offered a friendly amendment to remove references to the Fourth Ward and Look West Neighborhood Revitalization Plans. The friendly amendment was accepted by the maker and seconder. The motion, as amended, passed unanimously. (File Res. No. 2010-709) 6. Action on a proposed resolution authorizing the City Manager to enter into an agreement with the State of Wisconsin Division of Public Heath for a Lead Hazard Reduction Demonstration Grant Program. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Rashkin and passed unanimously. (File Res. No. 2010-708) Councilmember Perrotto left the Council Chambers. 7. Authorization for the Police Department to apply for the 2010 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. Councilmember Steeber moved to authorize the Police Department to apply for the 2010 Edward Byrne Memorial Justice Assistance Grant (JAG) Program, seconded by Councilmember Brunner and passed unanimously. 8. Action on a proposed resolution acknowledging the review of the Wastewater Utility 2010 Compliance Maintenance Annual Report. Councilmember McDonald moved to adopt said resolution, seconded by Councilmember Steeber and passed unanimously. (File Res. No. 2010-706) 9. Motion to waive notice of City Council special meeting (study session) with the Sustainable Janesville Committee scheduled for June 14 at 5:30 PM at the Municipal Building in the Council Chambers. Council President Voskuil moved to waive notice of the City Council special meeting (study session) with the Sustainable Janesville Committee scheduled for June 14 at 5:30 PM at the Municipal Building in the Council Chambers, seconded by Councilmember McDonald and passed unanimously. 10. A proposed ordinance amending Section 18.36.050 (Industrial Districts) of the Code of General Ordinances was introduced, referred to Plan Commission, and scheduled for a public hearing on July 12, 2010. (File Ord. No. 2010-455) 11. Requests and comments from the public on matters which can be affected by Council action. Andreah Briarmoon, 339 S. Locust St., requested Council offer property at 321 E. Court St. to a landlord for repair and requested a citizen committee decide which homes to buy and rehabilitate. 12. Matters not on the agenda. Councilmember Rashkin requested the Administration move up the scheduled repaving of River St. Councilmember Truman requested Administration review the mowing of the parks and Tallman House; stated he would like Administration make a public announcement that the City is reviewing the Farmers Market; stated training by SWAT team in the Fourth Ward is part of what makes the Police Department so good; asked Administration to watch what happens at the men’s shelter at the 12 and 12 Center; and reminded everyone that AirFest is Memorial Day weekend. Councilmembers Truman and Rashkin requested the Case Feed Building be put on the agenda for Council discussion. Councilmember McDonald asked Administration to report who is responsible for paving Racine St. by the Interstate; Council President Voskuil thanked people for participating in the poverty simulation and thanked citizens for being patient with road construction on Milton Ave. 13. Councilmember Steeber moved to convene into closed session pursuant to Wisconsin Statute Section 19.85(1)(e) for the purpose of deliberating and setting the negotiating and bargaining terms and conditions for the potential sale of 189 S. High St. under the City’s Buy Rehab Resell Program since competitive and bargaining reasons require a closed session, seconded by Councilmember Truman and passed unanimously. There being no further business, Council convened into closed session at 8:55 PM. These minutes are not official until approved by the City Council. David T. Godek Deputy Clerk-Treasurer PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN SPECIAL MEETING May 25, 2010 VOL. 61 NO. 6 A special meeting of the City Council of the City of Janesville held in the Municipal Building on May 25, 2010. The meeting was called to order by Council President Voskuil at 6:00 PM. Present: Council President Voskuil, Councilmembers Brunner, McDonald, Perrotto, Rashkin, Steeber, and Truman. Action on a financial gain request from the Rock Aqua Jays and Mercy Health Care System to conduct a “Rock, Roll ‘N’ Run” triathlon at Traxler Park on July 3, 2010. Councilmember McDonald moved to approve a financial gain request from the Rock Aqua Jays and Mercy Health Care System to conduct a “Rock, Roll ‘N’ Run” triathlon at Traxler Park on July 3, 2010, seconded by Councilmember Steeber and passed unanimously. Solid Waste Tools and Strategies and Discuss Future Solid Waste Approaches John Whitcomb, Operations Director, opened the discussion requesting Council direction on options that address budget shortfall. Assumptions for options are: (1) tonnage remains stable; (2) references to site life are only for current site. Mr. Whitcomb outlined two types of options; those that address expenses and those that address revenues. The expenses alternatives include: (1) Close the landfill; (2) reduce residential trash collection service; and (3) eliminate residential trash collection service. The revenue alternatives include: (1) continue the current business model; (2) increase landfill fees to balance fund; (3) increase property taxes to balance fund; and (4) establish a user fee for trash collection. The Council indicated that the following revenue enhancements or expense reductions merited further consideration: other week collection, reducing landfill tonnage, establishing user fees for trash collection, and a sticker system for residents to use the landfill. The Council indicated that they would like to take a blended approach to reduce the budget deficit that included increasing revenues and decreasing expenses. The Council requested that Mr. Whitcomb return with recommendations that blend revenue enhancements and expenditure cuts for the Council to consider. No action taken. A study session was scheduled on August 9, 2010 at 5:00 PM for further discussion. Matters not on the Agenda There were none. Councilmember Steeber moved to adjourn, seconded by Councilmember Rashkin and passed unanimously. There being no further business, Council adjourned at 8:00 PM. These minutes are not official until approved by City Council. David T. Godek Deputy Clerk-Treasurer JANESVILLE CITY COUNCIL LICENSE AGENDA 6/14/2010 RECOMMENDED A. ELECTRICIANS–ORIGINAL Robert C. Brinkman 156 Debby Ln., Colgate, WI Edmund Scanlon 4123 Terminal Dr., McFarland, WI Jack B. Vogel 615 W. Hill St., Baraboo, WI B. CHANGE IN PREMISE TO ALLOW OUTDOOR SEATING (See attached memo and floor plan). East Point Sportz Pub, LLC d/b/a East Point Sportz Pub 3443 & 3501 E. Milwaukee St. Fourth Ward Bar Partners, LLC d/b/a Game Day Sports Bar and Grill 966 S. Jackson St. C. LICENSE AMENDMENT TO ALLOW ADDITIONAL ALCOHOL SERVICE (See attached letter). WI Hockey Partners, LLC d/b/a Janesville Jets 821 Beloit Ave. D. ALCOHOL LICENSE RENEWALS FOR THE 2010-2011 LICENSE YEAR (See Attached List) E. AMUSEMENT CENTER-RENEWALS FOR THE 2010-2011LICENSE YEAR (See Attached List) F. AMUSEMENT DEVICE-RENEWALS FOR THE 2010-2011LICENSE YEAR (See Attached List) G. BOWLING ALLEY-RENEWALS FOR THE 2010-2011LICENSE YEAR (See Attached List) H. ELECTRICIANS-RENEWALS FOR THE 2010-2011LICENSE YEAR (See Attached List) I. ICE RINK-RENEWAL FOR THE 2010-2011LICENSE YEAR (See Attached List) J. MASSAGE TECHNICIAN-RENEWALS FOR THE 2010-2011LICENSE YEAR (See Attached List) K. MOTOR VEHICLE SALVAGE DEALER-RENEWALS FOR THE 2010-2011LICENSE YEAR (See Attached List) L. SIGN ERECTOR-RENEWALS FOR THE 2010-2011LICENSE YEAR (See Attached List) M. THEATER-RENEWALS FOR THE 2010-2011LICENSE YEAR (See Attached List) 2010-2011 License RenewalsCity of JanesvillePage 1 of 8 TRADE NAMEOWNER NAMELOCAL ADDRESSADDRESSCITYSTZIP CLASS A INTOXICATING LIQUOR AND FERMENTED MALT BEVERAGE CORK & BOTTLE LIQUORS CORK & BOTTLE LIQUORS1418 W MEMORIAL DRROBERT K. RICHARDSJANESVILLEWI53545 WEST COURT, INC. 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BROWNNONE1827 W GLENDALE AVEMILWAUKEEWI53209 SIGNS NOWTIMOTHY ANDERSON CORPNONE700 20TH STROCKFORDIL61104 SKELLY MASONRY LLCROBERT SKELLYNONE1217 BROWN DRMILTONWI53563 SULLIVAN SIGNS INCGERALD W. SULLIVAN620 N MAIN ST620 N MAIN STJANESVILLEWI53545 THEATER WILDWOOD MOVIES 10ROSEBUD PARTNERS LLC3100 DEERFIELD DRPO BOX 430JANESVILLEWI53546 WILDWOOD ROCK THEATRESROSEBUD PARTNERS LLC1620 NEWPORT AVPO BOX 430JANESVILLEWI53546 Community Development Department Memorandum Date: June 14, 2010 TO: Janesville City Council FROM: Duane Cherek, Planning Services Manager SUBJECT: Second reading, public hearing and action on a proposed ordinance amending Section 15.01.100(B) and various provisions of Section 18.36.070 B.2 (Historic Overlay District) of the Code of General Ordinances of the City of Janesville (Revised File Ordinance No. 2010- 453). _____________________________________________________________________ Summary The Historic Commission is proposing two ordinance changes that apply to the Historic Overlay Districts within the City of Janesville. The first change requires a property owner to obtain a building permit for any proposed removal of original architectural features or design elements affecting the exterior of a structure within the Historic Overlay District. The second change amends the current ordinance which allows the Historic Commission to delay the issuance of a building permit for up to 6 months if it believes an exterior building change would be detrimental to the building’s architecture and/or inconsistent with the Secretary of Interior’s standards of historic preservation. This change would make the Historic Commission’s decision to deny a permit application final unless the applicant appeals the decision to the Plan Commission or City Council, which may affirm or overturn the Historic Commission’s decision. The revised ordinance was prepared following input and discussion from property owners within Historic Overlay District, and prior review of a draft ordinance presented to the Plan Commission at a public hearing held on 5 April 2010. The attached ordinance has been revised in a manner that provides an interim appeals process to Historic Commission decisions. If a property owner is aggrieved by a Historic Commission decision, the owner can first appeal the decision to the Plan Commission for their review and action. If the appeal is not overturned by Plan Commission, the owner may then appeal the decision to the City Council. Department Recommendation Following the public hearing, the Plan Commission and Community Development Department recommend that the City Council support a motion to adopt Revised Ordinance No. 2010-453 amending the Code of General Ordinances that apply to the Historic Overlay Districts in the City of Janesville. City Manager Recommendation The City Manager defers to the Plan Commission. Suggested Motion A motion to adopt Revised Ordinance No. 2010-453 amending the Code of General Ordinances that apply to the Historic Overlay Districts in the City of Janesville. Analysis A. The Current Ordinance The City adopted the Historic Overlay District regulations as part of the 1981 update of the City’s Zoning Ordinance. The overlay district includes standards which are designed to protect the architecturally significant features of historic structures within the district. The ordinance sets forth a process that requires a home owner to apply for a building permit to alter the exterior features of their home. The building plans are then reviewed by the Historic Commission for consistency with established standards. The purpose for this review is to allow the Historic Commission to provide guidance and technical assistance to property owners in the alteration process whereby the Commission acts as an advisor to facilitate those who want to make exterior improvements but may not know what that involves or how it should be accomplished. If the Commission finds that the proposed construction, alteration or demolition is appropriate, it authorizes what is known as a Certificate of Appropriateness and a building permit can be issued. Consequently, if the building plans are found to be inappropriate with the preservation criteria established by the ordinance, a permit is not granted and the Historic Commission will work with the applicant to reach consensus on an acceptable alternative. If no consensus can be reached and the applicant desires to proceed with their building plans, a permit can be issued six-months following the denial and the applicant can move forward with the project. It is important to note the Historic Commission only reviews exterior adjustments to historic structures, and that review is limited to properties located within an overlay district. The Courthouse Hill District represents the largest regulated district in the City containing 346 total buildings with 274 listed as contributing structures. In addition, there are 4 individually listed buildings which are in overlay districts including 10 South High (The Armory Dinner Theater), 221 West Milwaukee (Interior Home Furnishings), 210 Dodge (Kealey Pharmacy) and 201 East Milwaukee (Carriage Works – Allan Building). B. History of Commission Action and Appeals The current ordinance has been in place for 29 years and has a history of performing very well over that period. Since it was adopted, approximately 126 certificate of appropriateness applications have been reviewed and only 4 requests have been denied by the Historic Commission. Two of the four denials resulted in owners following through with actual exterior building improvements and/or demolition. Only one appeal to the Plan Commission within the 6 month period occurred and that request was approved with conditions. The Commission’s record regarding the number of permits issued and the relatively few appeals filed demonstrate the Commission has been reasonable in their approach under the current ordinance. It also illustrates that the Commission has been effective in applying the Department of Interior Guidelines for Historic Preservation and technical expertise of the Commission members. C. The Ordinance Amendment Proposal The Commission is proposing this ordinance change in order to make their decision final rather than advisory for exterior building alterations. The Commission believes that a stronger ordinance would provide further protections to historic structures within the designated overlay districts. A more proactive ordinance would provide a necessary safety net for the limited number of instances where the Commission is not successful in protecting buildings (i.e. cases where no agreement on improvements occurs and the property owner waits the six months). The proposed ordinance would also more specifically define removal of architectural details or elements that would now require a building permit prior to removal. This is aimed at preventing the loss of original architectural features without review. On April 5 the Plan Commission held a public hearing on a draft ordinance (Ordinance No. 2010-453). A number of residents from the Courthouse Hill Historic District offered comments and suggestions during the public hearing, and members of the Plan Commission expressed various concerns about the proposed amendment. Based on those concerns, a revised ordinance was drafted, presented to the Plan Commission on April 19 and then recommended for Council introduction. D. The Revised Ordinance The revised ordinance provides an alternative appeals process to Historic Commission decisions. If the Historic Commission denies a building permit and cannot reach consensus with an owner on agreeable improvements, the property owner can first appeal the decision to the Plan Commission. Following a public hearing, the Plan Commission can affirm, modify or overrule the Historic Commission’s decision. If the Plan Commission overrules the Historic Commission’s decision, it is final. However, if the Plan Commission modifies or affirms the decision, the owner may appeal the decision to the City Council who ultimately would make a final decision on an appeal. Staff believes the ordinance, in its revised form, includes an appeal process that provides reasonable recourse for a property owner aggrieved by a Historic Commission decision. Plan Commission review of appeals as an initial step in the appeal process would allow the Plan Commission to balance the interests of both the Historic Commission and property owner in the review of a dispute. Under this approach, Plan Commission could overturn a Historic Commission decision, and that decision would be final. It would also provide a property owner with an additional appeal opportunity before the City Council in the event that Plan Commission affirms or modifies a decision. Both the Plan Commission and/or the Council could overturn a decision if it believes the Historic Commission has gone too far in its building permit review authority. And lastly, based on the Historic Commission’s past practice and record, staff does not anticipate any appreciable increase in appeals to occur as a result of this action. Staff supports elimination of the 6-month delay within a Historic Overlay District. Staff believes that preservation of the City’s significant architectural resources has been identified in the neighborhood plans (Look West & Old Fourth Ward Neighborhood Revitalization Plan and the Downtown Vision Strategy) as important to the character of the City and makes Janesville a special place. Staff further believes that a homeowner should not have the right to wait 6 months and do whatever they please with these significant architectural resources. The appeal process as provided gives the Plan Commission, and the City Council if necessary, the ability to arbitrate whether these proposed changes go too far and should be denied. Even the opponents agreed that the recent changes of removal of the architectural details on the Lovejoy House should not have been done. The proposed amendment would provide a means to have this type of change thoroughly reviewed by not only the Historic Commission but the Plan Commission and City Council, if the owner wanted to appeal such an exterior building change. E. Impact on Property Values Questions were asked during the public meeting session about the financial impact of requiring exterior renovations which are consistent with the Secretary of Interior’s Standards. For instance, would property taxes increase if the standards were followed rather than using vinyl siding, or removing architectural details to make building maintenance easier. Staff consulted with the City Assessor to gain better insight on the potential financial impact. In theory, renovating a historic home by repairing, refinishing or replacing items with like materials should maintain or increase that property’s value. Logically we should expect to see value differences between historic homes that have been renovated in a manner to preserve the overall character versus those that have been renovated in a manner that diminishes or removes the historic detail. Value, however, is established by the marketplace (sellers and buyers) and it is influenced by many dynamic factors that ultimately determine how property tax is affected. Staff believes that implementing the ordinance change will enhance the preservation of historic properties and property values, as well as serve to further protect this distinguishing element of the City’s history and community fabric. F. Comprehensive Plan The Comprehensive Plan recognizes the importance of historic preservation and maintaining the architecture of the City’s downtown and residential neighborhoods. A plan goal states “Celebrate and preserve the culture and history of the City of Janesville to advance the City’s quality of life and potential as a destination.” The following objective and policies function to address this goal. Objective: “Market the history and culture of Janesville to help build up the area’s potential as a unique and attractive destination. Policy: Help preserve historic homes, structures and districts that contribute to the cultural heritage of Janesville, focusing on existing historic districts and buildings. The proposed ordinance gives the Historic Commission additional leverage to convince property owners that significant changes to buildings not only affect their property but the character of the neighborhood as a whole. The ordinance, however, provides a safety valve for appeals to the Plan Commission and Council so that Historic Commission decisions remain reasonable and consistent with the values of the community. PLAN COMMISSION MINUTES – MAY 17, 2010 Duane Cherek, Planning Services Manager, presented the written staff report and explained the handout that he distributed to the members. Commissioner Voskuil mentioned that with 126 applicants within 29 years, only 4 had actually challenged an Historic Commission decision. The public hearing was opened and the following people appeared to speak on this item: ? Dan Swanson, 303 South Parker Drive, stated that he objected to the creation of the original Historic Overlay District Ordinance and believes that property owners have rights and should be relied upon to make the right decision regarding their property. He stated that the historic homes are costly to repair and matching materials are either not available or too expensive to acquire so he has made his own materials in the past but not everyone has the ability to do that. He believes that the ordinance changes would be a roadblock for property owners within the overlay district. Commissioner Perrotto asked if the work Mr. Swanson did to his home required Historic Commission approval. Mr. Swanson indicated that he wasn’t sure but thought it may have required a permit. Mr. Swanson indicated home repairs are the responsibility of the homeowner and that not everyone is able to craft their own replacement pieces so it’s an additional burden on the homeowner to require them to restore the homes rather than repair them. ? Jackie Wood, 119 South Wisconsin Street, stated that she is in favor of the ordinance as it will protect historic homes that will never be built again and it’s important to preserve and maintain the wonderful architecture on Courthouse Hill. ? Dan Atwood, 215 South Division Street, stated that he is a member of the Historic Commission and endorses the ordinance as it will allow the commission to continue to work with homeowners to show them what is appropriate or not for the historic district; it will provide an appeal process for the homeowners giving them two chances to present their case and will cover other overlay districts in the future. He suggested that if the ordinance change was approved, and an appeal was made to the Plan Commission, that the Plan Commission visit the property before reviewing and voting on the appeal. ? Bill Westphal, 102 Sinclair, stated concerns about the changes in technology, because of the modernizing of techniques by suppliers, that make it difficult for home builders and home owners to repair historic homes with traditional stick construction. He asked who would decide when the market for materials isn’t available for these repairs. ? Jim Ryan, 117 South Division Street, indicated support for the ordinance and added that substitute materials are available when repairing the homes and the Historic Commission works with applicants on that. ? Roger Merry, 515 St. Lawrence, stated that he is opposed to the amendment and that the City needs to allow market forces to be at work and resale value will drive what gets improved on a property. ? Steven Lyon, 220 E. Van Buren, stated that he was in favor of the ordinance because the Historic Commission has been reasonable when approving requests and working with people to maintain the character of their home while allowing substitute materials. He added that some homeowners are interested in maintaining the historic character of their homes. ? Deb Wood, 17 South Atwood, stated that she was in favor of the ordinance changes, that she moved here from Madison to live in the historic neighborhood and would like the integrity of the neighborhood maintained. She added that she does not see this as restrictive to property owner rights but instead believes that the Historic Commission is supportive to homeowners and have made reasonable suggestions. She believes the amendment changes would be proactive and positive. The public hearing was closed. Commissioner Helgerson stated that she lives in the historic overlay district and recently had a home project approved by the Historic Commission and that they were easy to work with. She indicated that she supports the amendment which she believes will protect all of these homes over multiple years, multiple owners and multiple styles of architecture There was a motion by Commissioner Perrotto with a second by Commissioner Voskuil to forward this amendment to the City Council with a favorable recommendation. Commissioner Perrotto added that he was a strong proponent of property owners, that he believes that their rights are protected by this amendment and that the words “feasible” and “reasonable” should be applied in all situations when working with the Historic Commission. Commissioner Voskuil stated that development of this amendment did not occur because of past appeals, as there haven’t been many, but instead because of a certain situation. She stated that the Historic Commission is not the enemy; they want to help to preserve the integrity of the neighborhood as do the property owners. She believes that this ordinance is fair for all. The motion carried on a 6-0-0 vote. cc: Eric Levitt Jay Winzenz Brad Cantrell REVISED ORDINANCE NO. 2010-453 An ordinance amending JGO 15.01.100(B) and various provisions of JGO 18.36.070.2 (H- Historic Overlay District) to now provide for appeals of Historic Commission decisions to the Plan Commission or the Common Council, with other changes, with penalties and injunctive relief for violations thereof, together with the cost of prosecution, all in the manner set forth in JGO 18.80.150 and Chapter 18.28, respectively. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Section 15.01.100(B) of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: (B) Historic Overlay District. In addition to the permits required for alterations and changes which affect buildings, any structure included in any Historic Overlay District shall be required to obtain a building permit for the installation of siding, and windows and removal of original architectural details representative of an architecture style, a unique design element or material; however, there shall be no permit fee required. SECTION II. Section 18.36.070.2.g.ii. of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: ii. Denial of Certificate . If the hHistoric cCommission reviews an application and finds it inconsistent with the criteria set forth in Section 18.36.070 B.2.g.iii, the Commission may deny the application and refuse to issue a certificate of appropriateness. If the Commission denies the application, then within three (3) business days of such decision, written notice of the denial shall be sent, by regular mail, to the applicant. The Historic Commission may refuse to grant a certificate of appropriateness for a period not to exceed six months from the date of the original denial. Within thirty days after the end of the six month period, the historic commission shall issue either a certificate of appropriateness or a statement of waiver which shall be mailed, by regular mail, to the applicant. I. When the applicant for a permit for a proposed construction, alteration, or demolition of an improvement within an historic district is denied a certificate of appropriateness, the Historic Commission shall, at the request of the applicant, assist the applicant in preparing an application for a certificate of appropriateness which shall meet the standards and criteria of the Historic Commission, which shall comply with the provisions of the historic overlay district plan, if any, and which shall comply with the provisions of this section. If the applicant chooses to work with the Historic Commission and no mutually agreeable method is determined and both parties appear to be deadlocked on the issue, the applicant may appeal the Historic Commission’s decision to the Plan Commission or Common Council, as provided for in Section 18.36.070 B.2.i. SECTION III. Section 18.36.070 B.2.i. of the Code of General Ordinances of the City of Janesville are hereby amended to read as follows: i. Appeals. i . If the hHistoric cCommission denies a certificate of appropriateness, the applicant may appeal such denial to the Plan Commission or to the Common Council as provided in this section. ii. An appeal of a denial of the hHistoric cCommission shall be filed in writing with the secretary of the Plan Commission within thirty days of the mailing of the notice of denial to the applicant. REVISED ORDINANCE NO. 2010-453 PAGE 2 iii. The Plan Commission who, following a public hearing, may affirm, overrule or modify an Historic Commission decision within thirty days of the receipt of the applicant's written appeal. If the Plan Commission overrules the Historic Commission, its decision is final. Failure of the Plan Commission to act upon an appeal of an Historic Commission decision within such period of time shall constitute a denial of such appeal. If the Plan Commission overrules or modifies an hHistoric cCommission decision, such Plan Commission decision shall have an effective date fifteen (15) days from the date of the Plan Commission decision. On such effective date, the hHistoric cCommission shall issue a statement of waiver. iv. If the Plan Commission affirms, modifies or fails to act upon an appeal of an Historic Commission’s decision any owner whose property is affected by a decision may appeal such decision to the Common Council who, following a public hearing, may affirm, overrule, or modify a decision within thirty (30) days of the receipt of the applicant’s written appeal. If the Common Council overrules or modifies a decision, such Common Council decision is final and shall have an effective date fifteen (15) days from the date of the Common Council decision. On such effective date, the Historic Commission shall issue a statement of waiver. iv . Time periods tolled: The six-month time period, following a denial of a certificate of appropriateness by the historic commission and during which a certificate of appropriateness or statement of waiver may not be issued, shall be tolled during the pendency of any appeal by the applicant. SECTION IV. Sections 18.36.070.2.j. and k. of the Code of General Ordinances of the City of Janesville are hereby repealed: j. Assistance by the Historic Commission . When the applicant for a permit for a proposed construction, alteration, or demolition of an improvement within an historic district is denied a certificate of appropriateness, the historic commission shall, at the request of the applicant, assist the applicant in preparing an application for a certificate of appropriateness which shall meet the standards and criteria of the historic commission, which shall comply with the provisions of the historic overlay district plan, if any, and which shall comply with the provisions of this section. Such assistance may continue during the six-month denial period. If no certificate of appropriateness has been granted to the applicant by the end of such period, a statement of waiver shall be issued and the building official may issue a permit as requested. k. Failure Of Applicant to Attempt to Comply with Historic Commission Criteria. In the event the applicant makes no attempt to discuss with the historic commission alternatives to save the subject property or to comply with historic commission criteria for construction, alteration or demolition, the historic commission may appeal to the plan commission for one additional stay of construction, reconstruction, alteration or demolition. Such historic commission appeal shall be filed in writing with the secretary of the plan commission prior to the expiration of the original six-month delay period and shall be acted on by the plan commission within thirty days after receipt of the written appeal. The plan commission may deny such appeal or grant such appeal for an additional delay period of not more than six months. The burden of showing that the applicant has not attempted to discuss alternatives with the historic commission shall be upon the historic commission. Upon expiration of any additional delay period, the historic commission shall issue a statement of waiver and the building official may issue the permit as requested. REVISED ORDINANCE NO. 2010-453 PAGE 3 ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Eric J. Levitt, City Manager McDonald Perrotto ATTEST: Rashkin Steeber Jean Ann Wulf, City Clerk-Treasurer Truman Voskuil APPROVED AS TO FORM: ___________________________ Wald Klimczyk, City Attorney Proposed by: Janesville Historic Commission Prepared by: Community Development Department DEPARTMENT OF PUBLIC WORKS MEMORANDUM June 2, 2010 TO: City Council FROM: Mike Payne, Engineering Manager SUBJECT: AWARD OF BID SCHEDULE “D” – 2010 CONTRACT 2010-9, EVONIK STORM WATER MITIGATION CONTRACT 2010-10, WILLOW GLADE GREENBELT Summary Bids for Public Works Bid Schedule “D” – 2010, Contracts 2009-9 and 2010-10, were opened on Wednesday, June 2, 2010. The Engineering Division is recommending award of these contracts to the low bidders and that the City Council express their intent to include in the 2010 Note Issue $120,000 for the Willow Glade Greenbelt. Recommendation Following review by the Council, the Engineering Division recommends award of Contracts 2010-9 (subject to Department of Commerce concurrence) and 2010-10 to the low bidders and that the City Council express their intent to include in the 2010 Note Issue $120,000 for the Willow Glade Greenbelt. City Manager Recommendation The City Manager recommends approval. Suggested Motion I move to Award Contracts 2010-9 (subject to Department of Commerce concurrence) and 2010-10 to the low bidders and express intent to include in the 2010 Note Issue $120,000 for the Willow Glade Greenbelt. Background Contract 2010-9, Evonik Storm Water Mitigation installing 600 LF of 36” storm sewer, grading and restoration This project includes of an existing ditch, asphalt pavement restoration, erosion control and seeding restoration to divert public water from flowing through Evonik’s site. We received three (3) bids for this project, with Bjoin Limestone, Inc. providing the low bid. The Engineering Division is recommending award of this contract to Bjoin j:\agenda review\approved agenda items\2010\6-14-2010\award of contracts schedule d - memo.doc AWARD OF BID SCHEDULE “D” – 2010 CONTRACT 2010-9, EVONIK STORM WATER MITIGATION CONTRACT 2010-10, WILLOW GLADE GREENBELT _ _______________ 2 JUNE 2010 – PAGE 2. Limestone, Inc of Janesville, Wisconsin, in the amount of $68,092.80 for the total amount bid. The bids received are shown below: 2010-9 EVONIK STORM WATER MITIGATION Bjoin Limestone, Inc. Total Bid: $68,092.80 7308 W. State Road 11 Janesville, WI 53548 R. T. Fox Contractors, Inc. Total Bid: $75,575.00 5628 Highway M Edgerton, WI 53534 E & N Hughes Company, Inc. Total Bid: $79,285.25 N2629 Coplien Road, P.O. Box 408 Monroe, WI 53566 Funding for Contract 2010-9 was included in the proposed 2010 CIP, however, the City recently received notification this project has been approved using Emergency Assistance Program (EAP) funding administered by the Department of Commerce. City staff shared these bid results with the Department of Commerce following the bid opening. The Notice To Proceed for this contract will not be issued until the Council and Department of Commerce approve this contract as bid and the EAP funding is authorized. Contract 2010-10, Willow Glad Greenbelt This project expands an existing greenbelt on the City’s northeast side between Portland Avenue and Castlemoor Drive. The work includes greenbelt construction, prairie seeding, and storm sewer improvements. We received four (4) bids for this project with E&N Hughes Co., Inc. providing the low bid. The Engineering Division is recommending award of this contract to E&N Hughes Co., Inc., Monroe, WI, $104,533.50. The bids received are shown below: 2010-10 WILLOW GLADE GREENBELT E & N Hughes Co., Inc. Total Bid: $104,533.50 N2629 Coplien Road, P.O. Box 408 Monroe, WI 53566 AWARD OF BID SCHEDULE “D” – 2010 CONTRACT 2010-9, EVONIK STORM WATER MITIGATION CONTRACT 2010-10, WILLOW GLADE GREENBELT _ _______________ 2 JUNE 2010 – PAGE 3. Rock Road Companies, Inc. Total Bid: $105,854.33 P.O. Box 1779 Janesville, WI 53547 Bjoin Limestone, Inc. Total Bid: $115,790.10 7308 W. State Road 11 Janesville, WI 53548 R. T. Fox Contractors, Inc. Total Bid: $150,369.00 5628 Highway M Edgerton, WI 53534 Funding for this project is 2010 Note Issue borrowing. The 2010 Major Capital Projects budget anticipated $400,000 would be included in the 2010 Note Issue for these types of projects to support infrastructure expansion. cc: Eric Levitt Jay Winzenz Carl Weber Community Development Department Memorandum Date: June 8, 2010 TO: Janesville City Council FROM: Gale S. Price, AICP, Building & Development Services Manager SUBJECT: Update regarding status of 922 Rockport Road, Case Feed Raze or Repair Order A raze or repair order was issued by the Community Development Department for the former Case Feed Property located at 922 Rockport Road on October 20, 2009. The raze or repair order was issued as the result of ongoing dilapidation of the structure. Specifically a large hole in the exterior brick at the southeast corner of the building had developed and brick had continued to separate from the rest of the façade in other locations. There are numerous other code violations with the current status of the structure in addition to exterior brick issues noted above. At this time the brick continues to dilapidate and in the opinion of Community Development Department staff the brick will ultimately separate from the structure and fall either on the sidewalk or the adjacent street. The raze or repair order was issued in accordance with City Code and Section 66.0413 of the Wisconsin Statutes. The Statutes allow for a raze order if “a building is old, dilapidated or out of repair and consequently dangerous, unsafe, unsanitary or otherwise unfit for human habitation and unreasonable to repair”. The raze or repair order gives 30 days for an owner to either enter into a compliance agreement to fix the building or request a demolition permit to remove the structure from the site. Staff believes that the current state of the building meets the standard for the raze order as the building is significantly out of repair, dangerous and unsafe with the continued dilapidation of the brick façade, unsanitary and unfit for human habitation. The standard for “unreasonable to repair” is that the repairs to the building to occupy are greater than 50 percent of the value of the structure (or 80 percent for a building in an historic district). As staff worked through the raze or repair agreement for the potential purchaser, it is clear that the cost will exceed the required threshold. Two structural reports have been submitted for the building. The first report is not valid as it indicated that the building brick was structural in nature. A second structural report has been provided to staff from the prospective buyer indicating that the west portion of the building appears to be structurally sound but that the east portion of the building needs structural repairs. Although it indicates that the west portion of the building is sound, it recognizes that the brick is separating from the building. The separation of the brick does not make the building “structurally unsound” since the brick is a veneer, but the likelihood of the brick collapsing onto the adjoining sidewalk and street makes the building unsafe. As noted above, Staff believes that the building clearly meets the standard for a raze order. The order is to be recorded with the Rock County Register of Deeds. That recording document is a Lis Pendens and serves as notice to anyone reviewing title to the property that there is a significant issue with the property. That document is recorded to protect the interests of any party potentially involved with the property. Under 66.0413(1)(f), if the property owner does not comply with the raze or repair order the building inspector or other designated officer (for the City it is the Manager of Building and Development Services) “may proceed to raze the building through any available public agency or by contract or arrangement with private persons”. At this time the City can remove the structure without further notice. Staff had been working with a prospective buyer since December who was working towards entering into a compliance agreement for the building. After significant and diligent work, it is our understanding that the buyer felt that the financial commitment to proceed with the project was too great and they withdrew their offer to purchase. The City was notified of this on May 26, 2010. On June 2, 2010 City staff provided notice to the owner that the City would allow the owner one last opportunity to repair the building by repairing the exterior brick, securing the building, board up broken windows, demonstrate that they have sufficient funds to complete the work and pay outstanding charges for the property (copy of notice is attached). If the owner completed the work after entering into a compliance agreement, the City would allow the owner to market the property for sale and the future owner would be required to submit a plan for a raze or repair agreement for rehabilitation of the rest of the structure. The deadline for that notice is 30 days. Staff was not required to provide that notice or another opportunity to repair the structure but given the historic nature of the building, Staff felt it was prudent to give the current owner one last opportunity. The June 2 notice does indicate that if an agreement to repair the structure is not reached, the City will proceed to demolish the building under the original raze or repair order which remains in effect. Staff will make arrangements for removal of the building if needed. City Manager discussion: After reviewing the situation, I have come to the following conclusions. ? The Case Feed building is owned privately and has been allowed to deteriorate slowly over many years by the private land owners. While I believe it provides significance to the area, the basic fact is that it has deteriorated in private ownership of which the City has previously had to provide notice on nuisance and structural issues. ? The Case Feed building was provided as an example of a building that the City would like to see redeveloped using the building itself and its architecture. This was cited in the Fourth Ward / Look West Neighborhood Plan. ? Unfortunately, despite our desire to see the building reused, it has been allowed to deteriorate by the landlord to the state of condition that it appears unlikely to be able to feasibly rehabilitate the building. ? As the City Manager, I was supportive of providing assistance to the landlord or prospective buyer for an economically feasible project. ? Finally, even in the attached letter, it has been laid out by Gale Price that the City is requesting that the owner fix the building structurally to the point that it can continue to be marketed. This approach was used due to the desire by the City to provide the property owner every opportunity to correct the basic deficiencies with the building. If the owner chooses not move forward in correcting the basic corrections noted, it is likely that the City will be required to move forward with the raze and repair. cc: Brad Cantrell