Full Agenda Packet CITY OF JANESVILLE
CITY COUNCIL MEETING AGENDA
MONDAY, August 9, 2010
7:00 P.M.
1. Call to Order and Pledge of Allegiance.
2. Roll Call.
3. Regular City Council meeting minutes of July 26, 2010. “C”
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. Public hearing and action on a proposed resolution vacating a portion of
Pliny Avenue south of Delavan Drive. (Revised File Res. No. 2010-717)
3. Action on a proposed resolution approving an agreement with Janesville
Youth Hockey Association for the operation of the concession stand at the
Janesville Ice Skating Center. (File Res. No. 2010-720)
NEW BUSINESS
1. Action on a proposed resolution requesting that the County Board exclude
the City’s “Urban Reserve” area on the map of eligible parcels for property
right purchases, except for portions of Target Area # 7 and # 8, and provide
a means for municipal review and comment authority on easement
purchases within said Target Areas and Janesville’s Extraterritorial
Jurisdictions (ETJ) in the Purchase of Agricultural Conservation Easement
(PACE) Program. (File Res. No. 2010-719)
-----------------------
“C” – This designation indicates an item that the City Council will take up
under a Consent Agenda.
City Council Agenda – August 9, 2010
Page 2
NEW BUSINESS (CONTINUED)
2. Action on proposed traffic safety improvements to East Milwaukee Street
from Wright Road to Highway 14.
3. Action on a proposed resolution authorizing the City Manager to enter into a
Memorandum of Understanding with Rock County for a direct access permit
onto County Highway J for Sara Investments. (File Res. No. 2010-721)
4. Action on a proposed resolution authorizing the filing of an application with
the U.S. Department of Housing and Urban Development for a 2011
Community Challenge Grant. (File Res. No. 2010-722)
5. Award of Contracts C2010-11 (Sanitary Sewer Lining and Point Repairs),
C2010-12 (Sanitary Sewer Lateral Lining) and C2010-13 (Sanitary Sewer
Siphon Improvements) for Public Works Bid Schedule “E” – 2010.
6. Introduce, refer to Plan Commission and schedule a public hearing on a
proposed ordinance for a comprehensive text amendment to change the
zoning and building codes with regard to detached structures.
(File Ord. No. 2010-459)
7. Requests and comments from the public on matters which can be affected
by Council action.
8. Matters not on the Agenda.
9. Consideration of a motion to convene into closed session, pursuant to
Wisconsin Statute Section 19.85(1)(e), for the purpose of deliberating and
setting the negotiation terms, conditions, and parameters for the potential
acquisition of: (a) right-of-way and/or easement for bike trail and related
public purposes for the “Spring Brook/Ice Age Trail” project near Ruger
Avenue from the Naatz Family Trust; and (b) 176 Lincoln Street with
General Fund Blight Elimination funds for demolition, since competitive
and/or bargaining reasons require a closed session.
The use of audible cell phone ringers and active use and response to cellular
phone technology by the governing body, staff and members of the public is
discouraged in the Council Chambers while the Council is in session.
PROCEEDINGS OF THE CITY COUNCIL
CITY OF JANESVILLE, WISCONSIN
REGULAR MEETING
JULY 26, 2010
VOL. 61
NO. 12
Regular meeting of the City Council of the City of Janesville held in the Municipal Building on
July 26, 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,
and Truman. Absent: Steeber.
CONSENT AGENDA
Minutes of the regular meeting of July 12, 2010.
Licenses and Recommendations of the Alcohol License Advisory Committee.
Financial statement for the month of June 2010.
Action on a financial gain request from the Janesville Police Department to conduct a run/walk
to benefit Crimestoppers on August 3, 2010.
Council President Voskuil stated that all items on the consent agenda would be approved as
recommended if there were no objections. There were none.
OLD BUSINESS
1. Requests and comments from the public regarding items on the agenda not requiring a public
hearing. None.
2. A proposed ordinance repealing JGO Chapter 8.75 and recreating JGO Chapter 8.74
regulating smoking in the City of Janesville with penalties and injunctive relief as set forth in
proposed JGO 8.74.070 and 8.74.080 received its second reading and public hearing. Andreah
Briarmoon, 339 S. Locust St., spoke against said ordinance. The public hearing was closed.
Councilmember Brunner moved to adopt said ordinance, seconded by Councilmember Truman
and passed unanimously. (File Ord. No. 2010-457)
NEW BUSINESS
1. Presentation on Rock River Sweep Effort. Presentation by Dave Peterson of Rock’n
Janesville on plans to clean Rock River on July 31, 2010. No Council action taken.
2. Action on a proposed resolution approving an agreement with Janesville Youth Hockey
Association for the operation of the concession stand at the Janesville Ice Skating Center.
Councilmember Truman moved to table said resolution, seconded by Councilmember Rashkin.
Council President Voskuil offered a friendly amendment to postpone until August 9, 2010. The
friendly amendment was accepted by maker and seconded. The motion, as amend, passed
unanimously. (File Res. No. 2010-720)
3. Report on economic development and progress on study session strategies. Presentation by
Vic Grassman, Economic Development Director, on various initiatives under way to promote
economic development. No Council action taken.
4. Report on EECBG – Home Energy Assessment Program. Al Hulick, Management Analyst,
provided Council overview of the Home Energy Assessment Program. No Council action taken.
5. Motion to approve Council President recommended citizen committee appointment to Leisure
Services Advisory Committee and Sustainable Janesville Committee. Councilmember Rashkin
moved to approve Council President recommended citizen committee appointment to Leisure
Services Advisory Committee and Sustainable Janesville Committee, seconded by
Councilmember Brunner and passed unanimously.
6. Requests and comments from the public on matters which can be affected by Council action.
Richard Frank, 1119 Elida St., George Fenn, 100 N. Franklin St. #203, Andreah Briarmoon, 339
S. Locust St., and Peter Apted, 324 S. Academy St., asked Council to postpone razing the Case
Feed Building.
7. Matters not on the agenda. Councilmember Rashkin asked Janesville Police Department to
monitor at property at Thornecrest Dr. & Park View Dr. Council President Voskuil reminded
Council about beyond diversity program at the Pontiac Convention Center on August 18 and 19,
2010.
8. Councilmember McDonald moved to adjourn, seconded by Councilmember Rashkin and
passed unanimously.
There being no further business, Council adjourned at 8:45 PM.
These minutes are not official until approved by the City Council.
David T. Godek
Deputy Clerk-Treasurer
JANESVILLE CITY COUNCIL
LICENSE AGENDA
8/9/2010
RECOMMENDED
A. ELECTRICIANS–ORIGINAL
Jeffrey J. Arkin N5723 Mud Lake Rd., Lake Mills, WI
Anthony G. Dubanowich 4833 W. Greenfield Rd.
Robert J. Felbinger 686 Progress Way, Sun Prairie, WI
Philip T. Francis III 7827 W. State Rd. 11
John J. Mickol 400 W. Sunset Dr., Waukesha, WI
Dennis L. Oliver 3553 Briar Crest Dr.
Scott Schabow 429 N. Jackson St.
Chad V. Stewart 3310 S. US Hwy. 51
B. ORIGINAL CLASS A INTOXICATING LIQUOR AND FERMENTED MALT BEVERAGE LICENSE
Maan Enterprises Inc., d/b/a Citgo Quick Mart
Makhan S. Maan 404 N. Parker Dr.
Rise Petroleum LLC, d/b/a Grain & Grape Beverage
Susan M. Cis 1514 E. Racine St.
Community Development Department Memorandum
Date: July 30, 2010
TO: Janesville City Council
FROM: Duane Cherek, Manager of Planning Services
SUBJECT: Public hearing and action on a proposed resolution vacating a portion of
Pliny Avenue south of Delavan Drive (File Revised Resolution No. 2010-
717).
________________________________________________________________________________
SUMMARY
The Community Development Department has received a request from JP Cullen &
Sons (JPC) to vacate a portion of Pliny Avenue south of Delavan Drive (see location
map). This portion of Pliny Avenue is unimproved and all property adjoining the street
segment is owned by the applicant. JPC has requested the vacation of this street
section in order to consolidate parcels of land under their ownership and better utilize
those lands for their construction operations. Since there are no street improvements or
future City plans to construct the street in this area, the applicant requests that this
portion of Pliny Avenue be vacated.
State statutes allow for vacation of right-of-way following review by the Plan
Commission and action by the City Council. Review by Plan Commission shall
determine the consistency of the proposed vacation with established City plans. There
is no scheduled public hearing before the Plan Commission.
DEPARTMENT RECOMMENDATION
The Plan Commission and Community Development Department recommend that the
City Council support a motion to approve Revised Resolution No. 2010-717 vacating a
portion of Pliny Avenue south of Delavan Drive to the City Council with a favorable
recommendation subject to the reservation of a blanket utility easement for municipal
purposes over the right-of-way area proposed for vacation.
CITY MANAGER RECOMMENDATION
The City Manager concurs with the Plan Commission and Community Development
Department recommendation.
SUGGESTED MOTION
A motion to approve Revised Resolution No. 2010-717 vacating a portion of Pliny
Avenue south of Delavan Drive subject to the reservation of a blanket utility easement
for municipal purposes over the right-of-way area proposed for vacation.
ANALYSIS
A. The right-of-way proposed to be vacated was originally dedicated by subdivision
plat in 1892. Following dedication of the street right-of-way, the railroad
established a line extending south and parallel to Delavan Drive. The railroad
corridor bisects Pliny Avenue and eliminates the opportunity for a through street
in this area. The existing right-of-way has never been improved and is currently
surrounded by industrial zoning and land use occupied by JP Cullen.
The City Administration has prepared the necessary resolution to vacate this
section of Pliny Avenue. Upon vacation, the right-of-way area will revert back to
the owner of land that immediately abuts the street section. In this case, JP
Cullen owns all property adjoining this section of Pliny Avenue.
B. The Community Development Department has reviewed the proposed vacation
to determine if it is consistent with established City plans. This portion of Pliny
Avenue is not needed for traffic circulation purposes and the City has no plans to
construct the street. The Comprehensive Plan designates this area as
appropriate for industrial use. The applicant’s recent acquisition of property
located on the west side of Pliny Avenue and its subsequent conversion to
industrial (storage yard) use as part of JPC’s construction operations is
consistent with the Comprehensive Plan.
C. The Planning and Engineering Departments have reviewed this request and find
that this unimproved portion of Pliny Avenue will not be needed for vehicular
traffic purposes or providing public access to properties in the area. However,
the Engineering Department indicates that the right-of-way corridor may be
needed to accommodate a future extension of public utilities, such as sanitary
sewer or storm sewer, to serve other properties or address municipal utility
needs south of the railroad. Therefore, staff supports the proposed vacation of
Pliny Avenue subject to the reservation of a blanket utility easement over the
right-of-way area.
D. The City’s vacation of right-of-way does not relinquish the rights that other
private/public utilities may have to retain existing utilities within the right-of-way
area. Staff has sent notice to those utilities to confirm the need, if any, for
retaining public utility easements over the former right-of-way. To date, there has
been no indication from other utility providers that this will be required.
PLAN COMMISSION ACTION – 19 JULY 2010
Brad Cantrell, Community Development Director, presented the written staff report.
There was no discussion.
There was a motion by Commissioner Helgerson with a second by Commissioner
Voskuil to forward the proposed vacation of a portion of Pliny Avenue south of Delavan
Drive to the City Council with a favorable recommendation.
The motion carried on a 6-0-0 vote.
cc: Brad Cantrell
REVISED RESOLUTION NO. 2010-717
A resolution vacating a portion of Pliny Avenue south of Delavan Drive.
WHEREAS, an undeveloped portion of Pliny Avenue, hereinafter designated and previously
dedicated for right-of-way purposes is hereby determined to be no longer needed for public
use, and therefore, the public interest requires the vacation of such street portion; and
WHEREAS, it has been determined that the traffic flow will not be impeded by the vacation of
such street portion; and
WHEREAS, the proposed street vacation has been referred to the Plan Commission for its
consideration and report as required by 62.23(5), Wisconsin Statutes.
WHEREAS, the public hearing was held on vacation of such street portion and notice required
by Wisconsin Statutes 66.1003 has been timely published and served; and
NOW THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF
JANESVILLE that the following described street portion be and is hereby vacated and
discontinued pursuant to 66.1003 and 62.22(lm), Wisconsin Statutes:
Located in Carrington’s Crown Addition, being in the NW ¼ of Section 6, Town 2 North, Range
13 East, City of Janesville, Rock County, Wisconsin, described as follows:
Commencing at the northeast corner of Lot 138 of said Carrington’s Crown Addition; thence,
southerly along the westerly platted right-of-way line of Pliny Avenue to the southeast corner of
Lot 131 of said Carrington’s Crown Addition; thence easterly, and parallel to the southerly lot
line of said Lot 131, 66 feet to the easterly platted right-of-way line of Pliny Avenue; thence
northerly along the easterly platted right-of-way line of Pliny Avenue to the southerly right-of-
way line of Delavan Drive; thence westerly to the point of beginning.
BE IT FURTHER RESOLVED that a blanket easement be retained by the City for municipal
utility purposes over the entire land area herein described for Pliny Avenue upon vacation.
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:
City Attorney Wald Klimczyk
Proposed by: Applicant
Prepared by: Community Development Department
CITY MANAGER’S OFFICE MEMORANDUM
July 26, 2010
Revised August 4, 2010
TO: City Council
FROM:Eric J. Levitt, City Manager
SUBJECT: Action on a Proposed Resolution Approving an Agreement with Janesville
Youth Hockey Association for Operation of the Concession Stand at the
Janesville Ice Skating Center. (File Res. No. 2010-720)
Request
The City Manager is requesting consideration of approval of the City’s agreement with
Janesville Youth Hockey Association (JYHA) for operations of the concessions at the
Janesville Ice Rink located on Beloit Avenue.
Staff Recommendation
The City Manager recommends approval of the 5 year agreement with Janesville Youth
Hockey for the operations of the concessions.
Suggested Motion
I move the Council approve File Resolution 2010-720 to approve an agreement for the
operations of the concessions at the Janesville Ice Rink between the City of Janesville and
the Janesville Youth Hockey Association.
Background
The City currently contracts with Janesville Youth Hockey to operate the concession stand
at the Janesville Ice Rink. Janesville Youth Hockey has been operating the concession
stand since 2001 and has paid a flat fee of $5,000 per year to the City.
The current contract that is before you for your review has a few new elements.
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The contract would be for up to 5 years at the current location.
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The contract is specific to the Beloit Avenue location. If a new facility is
constructed, there may need to be changes in association with the new facility.
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The contract adds the Janesville Jets games officially to the contract. They were
not previously mentioned but the contract between the Jets and the City allowed for
Youth Hockey to operate the rink.
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The fee for the operation would be for the City to receive 12.5% of net proceeds.
It is the City Manager’s understanding that the executive committee of Youth Hockey
approves of this fee arrangement, but will be presenting the contract to the Youth Hockey
Board for approval in August.
Attached is a summary of the income generated by the ice rink for the City Council’s
review.
The summary of income shows that the City would receive approximately $3,600 with
12.5 % percentage. However, other concessions contracted out in the warming room
could potentially increase that income.
th
Update subsequent to the July 26 City Council Meeting
Based on concerns expressed at the City Council meeting, members of the Youth Hockey
Board and the City Manager discussed some changes to the proposed contract.
I recommend that the contract include either:
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A 12.5% Net Payment with a floor of a minimum of $5,000 per year.
or
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A 9% of Gross Payment with a floor of a minimum of $5,000 per year.
Some issues that I identified in negotiating the contract were the following:
1. The operation of the concession stand that is primarily a volunteer effort to benefit
youth who play in the club. The benefit via the operation of the concession stand is
to maintain the current player fees rather than increase those fees and to provide
scholarships for individuals to play.
2. The higher the amount the City receives could negatively impact prices at the
concession stand to the users. The concession stand is currently seen as having
very reasonable prices.
3. The warming room will likely be utilized by the Jets and not Youth Hockey next
season. If however youth hockey did utilize it, I would recommend those revenues
flow through the Club and be included.
FILE RESOLUTION No. 2010-720
A Resolution Authorizing a Lease with Janesville Youth Hockey for the Operation of the
Concession Stand at the Janesville Ice Arena
WHEREAS, the City of Janesville is the owner of the Janesville Ice Arena located at 821
Beloit Avenue in the City of Janesville, County of Rock, State of Wisconsin; and
WHEREAS, Janesville Youth Hockey is a non-profit organization that desires to lease
and operate the Concession Stand at the Janesville Ice Arena according to the terms and
provisions of a certain negotiated and proposed “City of Janesville Ice Skating Center
Concession Lease Contract” of even date (“Lease”) which is incorporated herein by reference
as if fully set forth verbatim; and
WHEREAS, Janesville Youth Hockey and the City Administration have negotiated a
proposed five (5) year Lease for such purposes for the term commencing January 1, 2010 and
ending December 31, 2014; and
WHEREAS, certain of the other main terms and provisions of the Lease are as follows:
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Hours of Operation: The CONCESSIONAIRE will operate the concession stand during
all club activities, public skating sessions, High School hockey, Janesville Jets games
and special events and programs as the attendance dictates.
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Term: The operation of the concession stand by the CONCESSIONAIRE as described in
this agreement is based upon the opening and closing dates of the facility as set forth in
a scheduled to be attached to the Agreement.
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The CITY will provide seasonal hours of operation to CONCESSIONAIRE.
CONCESSIONAIRE must perform all related activities to the concession operation within
these available hours.
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Fee: The CONCESSIONAIRE shall pay to the CITY a rent of twelve and one-half
percent (12 ½%) of the net sales revenues (gross less reasonable costs and expenses)
on an annual basis, from the commencing date to the date of termination of this contract
prior to said termination date specified in this contract, whether or not the termination is
the result of default, cancellation, breach or otherwise.
th
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Payment of the annual rent shall be due no later than the 15 day of December for sales
stth
that occurred from December 1 of the prior year through November 30 of the current
year.
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The CONCESSIONAIRE shall have permission to sell at retail soft drinks, pre-packaged
candy and chips, ice cream products and other such items of personal property
designated for use or consumption, and normally sold or vended in public parks provided,
however, no intoxicating beverages or smoking materials of any kind or character shall
be stored, sold, or vended by said CONCESSIONAIRE either within or without said park,
or for use or consumption therein.
WHEREAS, the Common Council hereby find that this Lease is in the best interest of the
City of Janesville, the community, and surrounding area to execute and enter into the proposed
Lease Agreement; and
WHEREAS, such lease contract, terms, and conditions are permitted by law and the
Common Council are empowered to enter into such lease agreement, pursuant to Wis. Stats.
Sec. 62.11(5), 62.22, 62.23(17), and 66.0101 and other pertinent provisions in the Wisconsin
Statutes.
NOW THEREFORE BE IT RESOLVED by the Common Council of the City of Janesville
that they hereby authorize and approve the Lease by and between the City of Janesville and
Janesville Youth Hockey upon the terms, conditions, obligations, and provisions set forth above
as proposed by the City Administration; and further authorize the City Manager and his
designee(s), on behalf of the City of Janesville, to execute and enter into the Lease with
Janesville Youth Hockey; and
BE IT FURTHER RESOLVED by the Common Council that the City Manager and his
designees are hereby authorized to negotiate, renew, amend, and execute such documents,
papers, agreements, and forms, and to take whatever other actions, that the City Manager may,
from time to time, find necessary, desirable, and/or beneficial to effectuate the Lease and/or the
intent of this Resolution.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
McDonald
Eric J. Levitt, City Manager
Perrotto
Rashkin
ATTEST:
Truman
Steeber
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by: City Manager
Prepared by: City Attorney
J:\Attorney\Word\Shared\Youth Hockey Concessions - Resolution 2010-720.doc
7/20/10
CITY OF JANESVILLE
ICE SKATING CENTER
CONCESSION AGREEMENT
With
JANESVILLE YOUTH HOCKEY CLUB
This Agreement, made and entered into this day of , by and
between the City of Janesville, a Wisconsin municipal corporation, conducting its
principal business at 18 North Jackson Street, City of Janesville, County of Rock, State
of Wisconsin (hereinafter “CITY”), and
Janesville Youth Hockey Club
A member of the Wisconsin Amateur Hockey Association, Inc., WIH4003, Region 4 –
Div 2, P.O. Box 724, Janesville, WI 53547-0724
PRESIDENT:
Mark Lessner, 910 N. Wright Rd, Janesville 53546
PH:
(H) 608-752-5593, (C) 608-290-9170
EM:
lessnermark@charter.net
WEBSITE: www.janesvilleyouthhockey.com
Hereinafter designated as the “CONCESSIONAIRE,” an independent contractor.
WHEREAS, the CONCESSIONAIRE desires to operate said Concession Stand within
the Janesville Ice Skating Center as an independent contractor, and the CITY is willing
to allow the operation of the same by the CONCESSIONAIRE, all upon the terms
hereinafter set forth;
WITNESSETH that for and in consideration of the promises, respective, benefits,
consideration, and the mutual agreements and undertakings of the parties hereto, the
CONCESSIONAIRE agrees to manage and operate a CITY owned concession stand at
one of the City’s recreation facilities, within the City of Janesville, Rock County, known
Janesville Ice Skating Center 821 Beloit Avenue
as the address: (hereinafter the
“Concession Stand”) as designated by the CITY, and the CITY permits the
CONCESSIONAIRE’s operation and use of the Concession Stand but only in strict
accord with the terms, conditions, promises, obligations, and provisions set forth in this
City of Janesville Ice Skating Center Concession Agreement With Janesville Youth
Hockey Club (hereinafter “LEASE AGREEMENT”).
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND
PROMISES OF THE PARTIES HERETO and of the further respective terms, promises,
provisions, benefits, consideration, and obligations of the parties to this Lease
Agreement, the sufficiency of which is hereby acknowledged by both parties; each party
hereby agrees and binds itself as follows:
1
The CONCESSIONAIRE shall provide concession services at the concession stand
according to the following:
1. A. Provision of Labor – The CONCESSIONAIRE shall, at its own expense, provide
a sufficient number of volunteers. In most instances the stand should be staffed with
at least two people to adequately service the public promptly and efficiently and in a
manner satisfactory to the CITY.
B. It is the intent of the parties hereto that, at all times and for all purposes, the
CONCESSIONAIRE shall be considered, and shall be, legally an independent
contractor and that neither the CONCESSIONAIRE nor any of its volunteers,
agents, employees, officers, officials, or representatives, shall under any
circumstances, act or be considered or construed employees, servants,
representatives, or agents of the City of Janesville. The CITY shall at no time be
legally or otherwise responsible or liable for any negligence on the part of said
CONCESSIONAIRE, the volunteers, servants, representatives, or agents, resulting
in either personal or property damage to any person.
2. Premises: The leased premises shall include the Concession Stand area of the
Janesville Ice Center. In addition, the lessee has the right to access approved space (at
the discretion of the Janesville Ice Center Manager for concession storage.
3. Observance of Laws and Ordinances – This Agreement shall be governed by the
laws of the State of Wisconsin.
The CONCESSIONAIRE shall comply with all applicable licensing and other
provisions of the ordinances of the City and of the County of Rock, and all laws of
the State of Wisconsin. The CONCESSIONAIRE shall obtain, pay for and hold any
and all necessary licenses for the operation of the concession stand and shall
insure inspection of facilities as required by the State Statutes, City, and County
ordinances.
4. A. Description of Work – The CITY hereby grants the CONCESSIONAIRE
Janesville Ice Center located at 821 Beloit
permission to sell at retail and within
Avenue
, soft drinks, pre-packaged candy and chips, ice cream products and other
such items of personal property designated for use or consumption, and normally
sold or vended in public parks provided, however, that no intoxicating beverages or
smoking materials of any kind or character shall be stored, sold, or vended by said
CONCESSIONAIRE either within or without said park, or for use or consumption
therein.
B. The CONCESSIONAIRE shall, at all times, strictly observe and conform to, and
abide by each and every rule and regulation pertaining to the operation of said
concession(s):
(1) Workers: The CONCESSIONAIRE shall schedule and use only competent,
courteous volunteers and employees. All volunteers and employees of the
CONCESSIONAIRE shall be neatly dressed at all times. Volunteers and
employees shall at all times conduct themselves courteously in their relations
2
with the public. Minimum age of CONCESSIONAIRE’s employees and
workers shall be 14 years of age, each with a valid work permit.
(2) Sales: All sales shall be made from the concession stand and there shall
be no peddling through the Janesville Ice Center. All supplies and materials
shall be furnished by the CONCESSIONAIRE. Soft drinks must be served in
disposable cups, plastic bottles or aluminum cans. No beer or liquors of any
kind shall be stored, sold, distributed or consumed in or about the concession
area(s). In addition, no punchboards or gambling devices shall be permitted
in or about the concession area(s). Whenever candy is sold, a variety of
types and price ranges are to be featured and displayed prominently in plain
view of the patron. Lessee may only serve consumable food and beverages.
Sale of other non-consumable products requires permission of the Ice Center
Manager.
The CONCESSIONAIRE shall document sales via a cash register at the time
of sale with daily gross receipts recorded on daily, weekly and/or monthly
financial statements. Acceptable accounting procedures shall be used in
recording the financial statistics of the concession stand operations.
(3) Site: The CONCESSIONAIRE shall at all times keep the concession stand
and the areas immediately around it clean, attractive and orderly. The
concession stand area will be swept at the end of each shift. The
CONCESSIONAIRE shall place all garbage and refuse in appropriate
outdoor garbage and/or recycling receptacles. The CONCESSIONAIRE
shall not allow any advertising to be posted outside the concession area
without prior approval of the Ice Center Manager.
(4) Deliveries: The CONCESSIONAIRE and/or supplier delivery trucks shall
not drive on the grass, nor shall any other vehicles be permitted off the
paved roadways and parking areas.Delivered product must be stored in a
secured area.
(5) Reporting of Damage: Any vandalism or damage to the concession area or
to any part of the building will be reported to the CITY as soon as possible
by the CONCESSIONAIRE.
(6) Taxes: The CONCESSIONAIRE shall be solely responsible and shall pay
any and all income, sales and other applicable Federal and State taxes
arising from and/or pertaining to this contract and/or the activities described
herein.
(7) On Premises After Hours: The CONCESSIONAIRE shall not permit any
agent, representative, or volunteer to remain in or upon the park or any
premises of the CITY in any of the buildings, structures, or locations
occupied by the CONCESSIONAIRE at any time after the close of business
(see Schedule “A”).
3
(8) Hours of Operation: The CONCESSIONAIRE will operate the concession
stand during all club activities, public skating sessions, High School hockey,
Janesville Jets games and special events and programs as the attendance
dictates.
5. Term: The CONCESSIONAIRE is hereby granted the CITY’S permission to operate
aforementioned concessions for a period of five (5) years, commencing January 1,
2010 and ending December 31, 2014. The operation of the concession stand by the
CONCESSIONAIRE as described in this Lease Agreement is based upon the
opening and closing dates of the facility. The dates and hours of operation shall be
listed in Schedule “A” which is incorporated herein by reference and is subject to the
approval of the Ice Center Manager. There shall be no automatic renewal or
extension of this Lease Agreement AND the CITY and/or its CITY MANAGER may
cancel and terminate this Lease Agreement at any time without cause or liability for
any damages upon thirty (30) days prior notice.
A. The CITY will provide seasonal hours of operation to CONCESSIONAIRE.
CONCESSIONAIRE must perform all related activities to the concession operation
within these available hours.
6. A. Buildings and/or Equipment: Rooms and locations, and any and all parts
thereof, which are the property of the CITY shall forever remain the property of the
CITY, and upon the expiration or termination of this contract by lapse of time, non-
renewal or otherwise, and at the end of each year, the CONCESSIONAIRE shall
immediately surrender possession of all of said premises to the CITY in as good or
better condition as said premises were when first occupied by CONCESSIONAIRE
under the terms of the contract.
B. The CITY shall maintain the premises in good working order and repair. This
paragraph shall apply to the use of City buildings only, not to the use of private
concession conveyances or private facilities, devices, equipment, appliances and
chattels. The CONCESSIONAIRE is responsible for pest control in the concession
stand. The CITY is responsible for the balance of the premises.
C. The CITY shall pay for the cost of utility services including electricity and sewer
where available. The CITY may provide light bulbs, first aid kit and fire
extinguishers to maintain a safe, attractive, functional premise.
D. The CONCESSIONAIRE is responsible for providing and maintaining all
necessary equipment supplies and inventory for its use in the operation of the
concession stand described in this contract. All concession equipment will be the
property of the CONCESSIONAIRE.
E. Where applicable, the CITY may provide two sets of keys to the concession
stand(s) which shall be returned to the CITY upon demand upon the expiration,
non-renewal or termination of this contract. The CONCESSIONAIRE cannot change
locks or keys without the City’s knowledge and approval.
4
F. The CONCESSIONAIRE will post a sign outside the concession stand stating the
stand is being operated by the Janesville Hockey Association. The location and size
of the sign must be approved by the Ice Center Manager.
7. Inspection: The CITY and its employees shall have, and the CONCESSIONAIRE
grants, the right to enter upon and inspect, from time to time, and at any time at the
discretion of the CITY and its employees, the CONCESSIONAIRE’S concession
area, stand and related facilities, and chattels, and any and all equipment and stock
of merchandise therein. All sites are subject to the inspection of the Rock County
Health Department.
8. Vending Machines: The Lessee has the right to provide up to 6 vending machines
for dispensing food and beverages only. Vending machine locations and changes
must be approved by the Ice Center Manager.
9. Insurance:
A. The CONCESSIONAIRE shall obtain, at all times maintain, and pay for, solely at
its own expense, property and casualty insurance for any and all equipment,
inventory, vehicles and supplies stored in the concession stand or other areas under
its control under this contract, including, but not limited to, fire, theft, wind, flood and
vandalism.
B. The CONCESSIONAIRE shall obtain, at all times maintain and pay for, solely at
its own expense, general liability insurance including death, personal injury and
property damage coverage with a limit of not less than $300,000 per occurrence
and $1,000,000 aggregate. The use of an umbrella insurance policy to provide part
of this coverage may be acceptable at the discretion of the Leisure Services
Director. The policy(s) must designate the CITY and each and every of the CITY’S
elected and appointed officials, employees, officers, agents and representatives, as
an additional or co-insured. Such insurance coverage shall cover all acts and
Janesville Ice Center concession stands.
omissions on and/or about the The
CONCESSIONAIRE shall indemnify and save harmless the CITY and each and
every of its elected and appointed officials, officers, employees, agents and
representatives and each and every of their respective successors, assigns, heirs
and conveyees, from and against any and all losses, costs (including attorney’s
fees), demands, claims, payments, damages, expenses, judgements and liability
(including statutory liability in connection with claims for damages as a result of
injury or death of any premises by the CONCESSIONAIRE, CONCESSIONAIRE’S
officers, directors, volunteers, agents, representatives and any and all other
persons.
C. The CONCESSIONAIRE shall furnish the CITY with certificates of insurance
showing coverage as required by this contract prior to engaging in any sales
activities. The CONCESSIONAIRE shall provide to the CITY not less than thirty
(30) days written notice if any insurance coverage(s) required by this contract is
canceled or otherwise decreased or affected by any insurance company.
D. The CITY may obtain and maintain property insurance coverage for the fair
market value of the facility being used by the CONCESSIONAIRE and any
equipment contained therein owned by the CITY. Any additional items the
5
CONCESSIONAIRE wishes to cover with insurance shall be covered solely at the
CONCESSIONAIRE’S expense with documentation provided to the CITY.
E. The CITY shall not be responsible for any loss by fire, theft, wind, flood,
vandalism or any other casualty or cause to CONCESSIONAIRE or any other
person regardless of cause and/or origin. CONCESSIONAIRE hereby forever fully
releases, waives, discharges and indemnifies the CITY from same.
10. Sublet: The CONCESSIONAIRE shall not assign this contract and shall not sublet
or assign all or any part of the concession(s) without prior written consent of the
CITY.
This Agreement may not be assigned by any party without the prior written consent
of the other under any circumstances.
11. Failure to Comply: In the event that the CONCESSIONAIRE fails to comply with
one or more of the terms, provisions or promises set forth in this contract, such
failure shall be considered a default and/or breach of the contract. Failure to cure
such default within seven (7) days after receipt of written notice thereof from the
CITY may result in termination of this contract at the option of the CITY. This
remedy is in addition to and not in lieu of any other legal or equitable right, remedy
and/or privilege to which the CITY is or may be entitled. Termination of this contract
by the CITY may be upon written notice to the CONCESSIONAIRE, in which event
this contract shall be void and of no further force or effect whatsoever and the
CONCESSIONAIRE shall immediately deliver up possession of premises to the
CITY, immediately cease all sales activities, and immediately remove itself and any
and all CONCESSIONAIRE owned supplies, inventory and equipment thereof.
Remedies in this Agreement are cumulative with others in the Agreement and with
those provided at law and equity. Each party has available to it all possible
remedies and the choice of one remedy will not prevent or resort to one or more
other remedies.
Each party is excused from performing under the contract in the event such party is
prevented from performing due to a force majeure.
12. Indemnification: The CONCESSIONAIRE hereby fully and forever indemnifies,
releases, discharges, saves and keeps harmless the City of Janesville and each
and every of its elected and appointed officials, officers, employees,
representatives, agents and their successors, heirs and assigns, of and from any
and all liability, liens, damages, claims, awards, payments, judgments, costs,
damages, fees, and expenses, including attorney fees, of whatsoever kind or nature
which are and/or may in any way be suffered by, or which may accrue against or be
charged to or recovered from the City of Janesville or by any of its officers, officials,
agents, representatives, or employees, and/or their successors, heirs or assigns
arising from, pertaining to, and/or in consequence of the operation of the
concession by, and/or any act, omissions, negligence and/or malice of, the
CONCESSIONAIRE, its officers, directors, employees, representatives, and/or
agents.
6
13. Termination:
A. This contract shall be subject to termination by the CONCESSIONAIRE
regardless of grounds therefore, by giving the CITY sixty (60) days prior written
notice of termination.
B. The contract shall be subject to termination by the CITY with cause, in addition
to, any and all other reasons set forth elsewhere in this contract, upon the
happening of any one or more of the following:
1. The CONCESSIONAIRE is adjudicated bankrupt, is in receivership, or
because of its financial condition is judged by the Leisure Services Director
as being or appearing unable to continue a successful operation.
2. Failure of the CONCESSIONAIRE to perform, keep, and observe any of
the provisions of the contract; and/or the failure of the CONCESSIONAIRE
to correct the default or breach within the time as specified by the Leisure
Services Director.
3. Singular, infrequent, occasional, frequent, repeated or numerous failures of
the CONCESSIONAIRE to perform, keep and observe any one or more
than one of the provisions of the contract, regardless of whether the
CONCESSIONAIRE has cured or has attempted to cure, any such defaults
or breaches of contract.
4. Five (5) day prior written or verbal notification of termination by the CITY to
the CONCESSIONAIRE for just cause.
5. The Contract can be terminated by the CITY without cause by providing the
CONCESSIONAIRE sixty (60) days prior written notice of termination.
14. Rent Fee: The CONCESSIONAIRE annually shall pay to the CITY a rent fee of
twelve and one-half percent (12 ½%) of all annual net sales revenues (gross
revenues less reasonable costs and expenses), from the commencement date to the
date of termination of this contract whether or not the termination is the result of
default, cancellation, breach, expiration, or otherwise. The CONCESSIONAIRE will
provide a minimum payment of $5,000 per year even if the net sales results in less
funds.
Payment of the annual rent fee to the City shall be due and made to the CITY no
thst
later than the 15 day of December for sales that occurred from December 1 of the
th
prior year through November 30 of the current year. Payment of the annual rent
fee for the first year of this term shall also be made payable on December 15 of
2010 and then annually due each subsequent December 15.
15, Partnership: Nothing contained herein constitutes nor shall it be construed as
creating any partnership between the parties hereto.
16. Licenses: The CONCESSIONAIRE is responsible for securing all necessary City,
County, and State licenses and permits.
7
17. Modifications: This contract may be modified at any time but only upon mutual
written agreement of the parties, executed by both parties.
18. Severability: This contract is severable. Each and every part, portion, provision,
promise, obligation, term and section is severable. In the event any such part,
portion, provision, promise, obligation, term or section is found by any court of
competent jurisdiction to be unenforceable for whatever reason, the remaining
parts, portions, provisions, promises, obligations, terms and sections shall remain
unaffected, binding, and if full force and effect. The intent of the parties is that the
enforceable remaining parts, portions, provisions, promises, obligations, terms and
sections of this Agreement shall be enforced even though one or more other parts,
portions, provisions, promises, obligations, terms and sections are found not
enforceable.
19. Time: Time is of the essence as to the performance of each and every part, portion,
provision, promise, obligation, term and section set forth in this Agreement.
20. Waiver of Agreement: No part, portion, provision, promise, obligation, term or
section of the Agreement shall be deemed waived by reason of one party failing to
enforce such breach at any time. Any such waiver must be in writing.
21. Notice: If notice needs to be provided, notice to the CONCESSIONAIRE may be
sent by regular mail addressed as follows:
JANESVILLE YOUTH HOCKEY CLUB
821 BELOIT AVENUE
JANESVILLE, WI 53545
If notice needs to be provided to the City of Janesville, send to:
LEISURE SERVICES DIVISION
18 N. JACKSON STREET
JANESVILLE, WI 53545
8
22. Duplicates: This Agreement may be executed in duplicate original counter parts.
Signed and dated this ____________ day of ______________ in year ___________.
IN WITNESS WHEREOF, the parties have set their hands and seals at Janesville,
Wisconsin, on all the dates first written above.
CONCESSIONAIRE: WITNESS:
Name Name
PRESIDENT:
Mark Lessner, 910 N. Wright Rd, Janesville 53546
PH:
(H) 608-752-5593, (C) 608-290-9170
EM:
lessnermark@charter.net ________________________________
Title Title
Signature Signature
CITY OF JANESVILLE Witness:
_______________________________ __________________________
City Manager Eric J. Levitt Jean Ann Wulf, City Clerk
Approved as to form:
___________________________
Wald Klimczyk, City Attorney
9
SCHEDULE A – JANESVILLE YOUTH HOCKEY
CONCESSIONS
The CONCESSIONAIRE shall provide concession services for all games, special
events, public skating sessions, leagues or tournaments scheduled by the Recreation
Department. The CONCESSIONAIRE will provide concession services for High School
hockey games. The stand will remain open until the last scheduled game has begun for
that day and/or evening. The CITY shall provide the CONCESSIONAIRE with adequate
notice of scheduled games/tournaments.
DATES: HOURS OF OPERATION:
1.
2.
3.
4.
APPROVED BY:
Ice Center Manager
10
Shared/Youth Hockey Concession Lease Agreement 010110 - 123114
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Community Development Department Memorandum
Date: July 26, 2010
TO: Janesville City Council
FROM: Bradley A. Cantrell, Community Development Director
SUBJECT: Action on a proposed resolution requesting that the County Board exclude
the City’s “Urban Reserve” area on the map of eligible parcels for property
right purchases, except for portions of Target Area # 7 and # 8, and
provide a means for municipal review and comment authority on
easement purchases within said Target Areas and Janesville’s
Extraterritorial Jurisdictions (ETJ) in the Purchase of Agricultural
Conservation Easement (PACE) Program (File Resolution 2010-719).
_____________________________________________________________________
EXCUTIVE SUMMARY
Rock County is developing a Purchase of Agricultural Conservation Easement (PACE)
program. This is a voluntary program where land owners can sell their development
rights, thereby prohibiting all future nonagricultural related uses on property where
easements are purchased. While the Community Development supports the
preservation of farmland, we also believe that adequate land should be reserved for
future city growth. We recommend that in the development of the PACE program that
the city’s “Urban Reserve” area which identifies lands deemed likely to accommodate
future City development beyond the planning period (2030) be excluded from the
purchase of development rights, with one exception. The PACE Program identifies two
Target Areas partially located in the Urban Reserve. We recommend that the City of
Janesville maintain municipal review and comment authority for purchases in those
areas and also recommend that municipalities be able to review and comment on
property right purchases of lands within the city’s Exterritorial Jurisdiction (ETJ) since
the city has interest in development and subdivision activity within this area.
DEPARTMENT RECOMMENDATION
City Staff believes that the potential purchase of development rights could have
unknown impacts on future city growth and economic development activity, especially
along vital transportation corridors, such as I-90/39. Based on those concerns, the City
Council should give strong consideration to the long term economic impact of this
proposal and provide policy direction regarding this matter. Staff has prepared the
attached Resolution which recommends that the County Board exclude the City’s
“Urban Reserve” area on the map of eligible parcels for property right purchases, except
for portions of Target Area # 7 and # 8, and provide a means for municipal review and
comment authority on easement purchases within said Target Areas and Janesville’s
Extraterritorial Jurisdictions (ETJ) in the Purchase of Agricultural Conservation
Easement (PACE) Program.
CITY MANAGER’S RECOMMENDATION
The City Manager supports the values behind the PACE program, but believes that
farmland preservation needs to be balanced with proper urban growth. The map shows
that some of the preferred purchase areas are in the fringe areas of the urban reserve,
but that there are areas within our growth boundaries that would also potentially be
eligible for purchase. I recommend that the City Council request the following
considerations from the County Board:
1. That the City has review and comment authority on purchases within the 3 mile
extraterritorial jurisdiction beyond the city’s urban reserve growth boundaries and
in the priority target areas within the urban reserve growth boundaries as shown
on Map 3.
2. That eligible areas that are not in the priority target areas be removed from
eligibility if they are located within the City’s urban reserve growth boundaries.
Finally, the City Manager is looking for guidance from the Council in the City’s
participation in the development of the County program, but request Council to allow for
staff discretion in working on developing the program with the other stakeholders as
long as we remain within the general Council direction.
SUGGESTED MOTION
Option 1:
I move to approve File Resolution 2010-719 which recommends that the Rock County
Board, in their adoption of the PACE Program, exclude the city’s “Urban Reserve” from
the map of eligible parcels except for areas in the priority target areas and provide a
means for municipal review and comment on easement purchases within targeted areas
of the Urban Reserve and also within the city’s exterritorial jurisdiction.
Option 2:
I move to provide the following parameters _________________________to the
City Manager or staff designee the continuing discussion on the PACE
committee.
BACKGROUND
The Wisconsin Working Lands Initiative was passed as a part of the State’s 2009-2011
biennial budget process. One component of that legislative action provided for the
development of a Purchase of Agricultural Conservation Easement matching grant
program (PACE). The program is intended to:
?
Protect farmland through voluntary programs to purchase agricultural
conservation easements
?
Provide up to $12 million in state grant funds in the form of matching grants to
local governments and non-profit conservation organizations to purchase
agricultural conservation easements from willing sellers
?
Stretch state dollars by requiring grants to be matched by other funds such as
federal grants, local contributions and/or private donations
?
Establish a council to advise the state on pending grants and proposed
easement purchases
?
Consider the value of the proposed easement for preservation of agricultural
productivity, conservation of agricultural resources, ability to protect or enhance
waters of the state, and proximity to other protected land
?
Ensure consistency of state-funded easement purchases with local plans and
ordinances.
The goal of the Working Lands Initiative is to achieve preservation of areas significant
for current and future agricultural uses.
In the 2009 Rock County budget approximately $750,000 was set aside for
development of a Countywide Master Plan and Ordinance for the implementation of a
Rock County Purchase of Development Rights (PDR)/PACE program. Development of
the program would allow the County to be eligible for state and federal grant funds. The
program is designed so that agricultural land owners in Rock County would qualify to
sell their development rights based upon the recording of a Conservation Easement and
forever preserve their land for agriculture purposes. Following development of the
Master Plan and Ordinance, adoption by the County Board is necessary in order to
initiate potential land right purchases.
An Ad Hoc committee with representatives from the County, Towns and Cities in Rock
County is currently developing a county-wide master plan and ordinance for the
PDR/PACE Program. The committee has developed criteria to identify which lands
would be appropriate for purchase. Areas delineated as future growth areas on City
and Town Comprehensive Plans have been excluded from the program. A purchase of
development rights would be in perpetuity and therefore prohibit any future
nonagricultural development on property where easements as purchased. The
easement remains intact when the land is sold, binding all future landowners to its
terms.
Upon adoption of the PACE Program, the County will be soliciting applications for land
right purchases. These applications will then be reviewed by a County committee and
evaluated against criteria approved in the plan. At this time, the Ad Hoc Committee
has discussed including city representatives from Rock County on the initial application
review panel and also allowing communities to comment on easement purchases within
their respective ETJs.
DISCUSSION
A primary concern raised by the Community Development Director and officials from
other municipalities in Rock County involves the long-term impact of such a program on
future City growth. The City’s Comprehensive Plan designates areas on a Future Land
Use Map to accommodate projected City growth for 25-30 years. Lands just outside of
Janesville’s planned development areas are eligible for purchase under the County’s
proposal. The City of Janesville Comprehensive Plan includes an area known as the
“Urban Reserve” which is not excluded from purchase of development rights on the
PACE Program map of eligible parcels. This is an area mapped just beyond the City’s
current development plan where future development pressures are expected within the
next 30 to 50 years.
Attached is a map entitled “PACE Eligible Parcels” (Map 1) which identifies the land
areas currently being considered as eligible for easement right purchase under the
PACE program. On Map 1, City Staff has placed the City’s Urban Reserve Area and
the City’s Extraterritorial Jurisdiction boundaries which are discussed in this memo.
Map 2 further divides these eligible parcels into Tier 1, 2 and 3 farmland categories. Tier
1 scores the highest rating and indicates a first priority for land purchases. County staff
has grouped Tier 1 and some of Tier 2 lands into target easement acquisition areas
which are shown on Map 3. This map shows that areas 7 and 8 of the priority areas
overlap into the urban reserve growth boundary on Janesville’s southeast side. While
most of the land area within the city’s urban reserve growth boundary is not within the
priority purchase areas, over time as easements are purchased on adjoining lands the
boundaries of target areas can change. Staff believes that it is important that eligible
lands that are not target priorities be removed from easement right purchase if they are
located within the City’s urban reserve growth area (those areas identified as white with
red diagonal designation on Map 3 within the urban reserve growth boundary). Staff
further believes that the lands identified as target areas within the city’s urban reserve
should only be purchased following review and consent by the City Council.
Since 1950 the city has grown in land area from approximately 8 square miles to
approximately 34 square miles and its population has increased from 25,000 to 63,500.
Over that period of time the number of dwelling units increased from approximately
8,000 to 24,000. To accommodate this growth the city limits have expanded two and
half miles east of Randall Avenue to Highway 14, roughly one mile south and west and
nearly three miles northeast towards Milton (see attached Development Chronology
Map 4). Undeniably, the city of Janesville is surrounded by some of the world’s best
and most fertile farmland. However, in order for the city to expand, conversion of some
farmland to urban land uses is necessary. The city’s Comprehensive Plan projects that
over the next 25 to 30 years the city may need to expand to accommodate an estimated
population of approximately 82,000 people (see attached Comprehensive Plan Land
Use Plan Map 5). The Future Land Use Plan identifies potential expansion on the city’s
northeast side ranging from a half mile to one mile east. While these growth
projections may be slowed considering the recent economic downturn, Janesville is
situated within a regional growth corridor and will continue to receive the largest share
of Rock County’s growth.
As previously stated, the “Urban Reserve” contains land areas that are just beyond the
planning period (2030), and generally comprise a one mile ring around the city (See
attached PACE Eligible Parcels with Urban Reserve and ETJ Map 3). This Urban
Reserve represents what is likely to be the next phase of urban growth beyond the area
designated within the Plan. Premature rural development and utility extensions should
not be promoted in those areas. It is the intent of the Plan to have lands in the Urban
Reserve remain in agricultural use until future urban development opportunities emerge.
Including these lands as eligible for property rights purchase for permanent agricultural
use is inconsistent with the intent of the Urban Reserve area.
Considering Janesville’s historical growth rate and land use projections documented in
the Comprehensive Plan, it is imperative to preserve sufficient land area to
accommodate future city growth. The Community Development Department believes
that preservation of farmland is important to the overall health of Rock County and the
health of the municipalities within it. Accordingly, future economic development
opportunities and population growth in Rock County will require some conversion of
farmland to allow for this expansion. The Comprehensive Plan recognizes that the
city’s long term economic development strategy may be in part dependent upon an
agricultural based economy; one which aims to balance agricultural preservation with
providing economic growth opportunities. When lands that are eligible for this program
also include opportunities for economic development, staff believes that development
rights should not be purchased. Especially considering these easement purchases are
permanent and prohibit any future development that renders the land unsuitable for
agricultural use.
A prime example of lands that have significant economic development potential are
those lands located along I-90/39 generally south of the STH 11 interchange to the city
of Beloit. Despite not yet designated for specific development purposes in either city’s
respective Comprehensive Plans, such lands are prime for job creating land uses
because of their visibility and proximity to the interstate, access to utilities and railroads
and flat topography.
Staff is also concerned that purchasing land rights may artificially increase the cost of
future development since certain lands will be off limits for development, result in leap
frog development or require more expensive public infrastructure improvements to
bypass those parcels, i.e. lift stations to work around these properties. In addition, land
available for development purposes may artificially increase in price because of limited
supply. Each of these factors will drive up the cost of development and reduce
Janesville’s competitive advantage with other communities.
Currently, State Statues allow cities of Janesville’s size to review and comment on land
divisions (subdivision plats, surveys) within 3 miles from the existing city limits,
otherwise known as Extraterritorial Jurisdiction (ETJ). The Statue recognizes that cities
have inherent interest in lands beyond their borders and the recognition that future city
expansion may occur in these areas. During land division review within the ETJ, if the
city finds that the land division is inconsistent with future city plans it has the ability to
deny the land division. Staff believes that since the PACE program will include the
purchase of development rights within the ETJ that the city should have some review
and comment authority on these property right purchases. It appears that the Ad Hoc
Committee is supportive of allowing such review and comment authority. This
information sharing is important for the County review agency and the property owner to
have in order to make an informed decision.
Staff supports the County’s effort to preserve prime farmland. The city’s
Comprehensive Plan recognizes its importance to the long term economic health of the
city and the county. However, because future development rights will be permanently
removed from these lands, even for agri-business development purposes, a careful
analysis of the long term impacts of this program is necessary. Staff believes that
lands within the city’s “Urban Reserve” should not be considered eligible for this
program except those identified as Tier 1 (target easement acquisition areas shown on
Map 3). In addition, staff believes that municipal review and comment authority be
given to communities for easement purchases within their respective ETJs and within
the target easement areas of the urban reserve.
Resolution No. 2010-719
A resolution requesting that the Rock County Board remove the City’s “Urban Reserve”
area from the map of eligible parcels for property right purchases, excluding portions of
Target Easement Acquisition Areas known as #7 and #8, and provide a means for
municipal review and comment authority on easement purchases within said Target
Areas and other lands located in Janesville’s Extraterritorial Jurisdiction (ETJ) in the
Purchase of Agricultural Conservation Easement (PACE) Program.
WHEREAS, the Working Lands Initiative that was passed as part of the State’s 2009-
2011 biennial budget process included the development of a PACE matching grant
program; and
WHEREAS, one of the purposes of the program is to protect farmland through the
voluntary purchase of agricultural conservation easements; and
WHEREAS, the Rock County Board in 2009 budgeted monies to develop a county-wide
master plan and ordinance for the implementation of a Rock County Purchase of
Development Rights (PDR/PACE Program); and
WHEREAS, an Ad Hoc Committee was created in order to develop such master plan
and ordinance identifying which lands should be eligible for purchase of development
rights through this voluntary program; and
WHEREAS, the Ad Hoc Committee has designated Tier 1 Target Easement Acquisition
Areas which identify the best farmland and where priority should be given for easement
right purchases as shown on the attached map; and
WHEREAS, the Ad Hoc Committee in their development of the plan has excluded
certain lands from easement purchase which are identified on the city and town
comprehensive plans as planned development areas; and
WHEREAS, the Ad Hoc Committee in its current proposal has not excluded lands
which are identified as “Urban Reserve” on the City of Janesville’s Comprehensive Plan
adopted by the City Council on March 9, 2009; and
WHEREAS, such Urban Reserve area identifies lands that represent the area that may
be identified for future City development beyond the planning period (2010-2030) and
generally comprises a one-mile ring encompassing areas of “Future Land Use” for the
City; and
WHEREAS, because lands identified as Urban Reserve at some future date may
receive development proposals, the City believes that they should be excluded from the
PACE Program except for those lands designated in the Tier 1 Target Easement
Acquisition Areas located in the Urban Reserve area as shown on the attached map;
and
WHEREAS, the City believes that purchase of development rights within said Tier 1
Target Areas located in the Urban Reserve area and on lands in the City of Janesville’s
Extraterritorial Jurisdiction (ETJ) should be forwarded to the City for review and
comment prior to execution of land right purchases since purchase of certain properties
within the City’s ETJ area could prohibit future utility and road corridor extensions
necessary for cost effective city growth; and
WHEREAS, the Common Council find the development and adoption of the PACE
Program to preserve farmland in Rock County to be consistent with the City of
Janesville’s Comprehensive Plan which identifies the importance of the ag-based
economy to the city’s economic development strategy; and
WHEREAS, the Common Council of the City of Janesville also believe that adequate
land area to accommodate future growth and development around the City of Janesville
is of equal importance to preserve the long-term economic vitality of the City.
NOW, THEREFORE BE IT RESOLVED, BY THE COMMON COUNCIL OF THE CITY
OF JANESVILLE, that the City of Janesville recommends that areas identified as Urban
Reserve on the City’s Comprehensive Plan adopted March 9, 2009 be excluded from
property right purchases in the PACE Program except for those located within Tier 1
Target Areas identified as Area # 7 and # 8 on the attached map; and
BE IT FURTHER RESOLVED BY THE COMMON COUNCIL that the County Board in
their review and adoption of the ordinance and master plan for the PACE Program
should provide provisions for City of Janesville review and comment of property right
purchases of properties within those Tier 1 Target Areas of the city’s Urban Reserve
area and in those areas within the City’s Extraterritorial Jurisdiction in order to ensure
that easement purchases will not disrupt future development plans within the Janesville
planning area.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
McDonald
Eric J. Levitt, City Manager
Perrotto
Rashkin
ATTEST:
Steeber
Truman
Jean Ann Wulf, City Clerk-Treasurer
Voskuil
APPROVED AS TO FORM:
City Attorney, Wald Klimczyk
Proposed by: Community Development Department
Prepared by: Community Development Department
DEPARTMENT OF PUBLIC WORKS MEMORANDUM
July 30, 2010
TO: City Council
FROM: Carl J. Weber, Director of Public Works
SUBJECT: Action on Proposed Traffic Safety Improvements to East Milwaukee Street
from Wright Road to Highway 14
Summary
On June 24, 2010 the City Council held a study session regarding traffic safety
improvements being considered for the E. Milwaukee St. corridor between Wright Rd
and Highway 14. Issues studied included improvements to the greenbelt recreation trail
crossing between Wright Rd. and Shannon Drive and coordinating those improvements
with the scheduled construction of a roundabout at the intersection of E. Milwaukee St.
with Wuthering Hills Drive. Alternatives considered included:
1. The Do Nothing Alternative – This alternative maintains the current situation and
provides a baseline for comparison purposes.
2. Grade Separation Alternative – This alternative provides a discussion of the
project that has been developed to date.
3. Widening Alternative – This option provides for a widening of the current
roadway maintaining the current lane configuration but providing a pedestrian
refuge at the mid-point.
4. HAWK Signal alternative – This option retains the current cross section but
replaces the current beacons with a new system called HAWK (High Intensity
Activated Crosswalk) which provides for a full stop (red light) system.
5. Center Refuge w/ RRFB and Lane Reductions Alternative – This alternative
provides a pedestrian refuge at the midpoint by eliminating two lanes devoted to
vehicular traffic on the street. The current incandescent beacon signals are
replaced with a new LED technology call Rectangular Rapid Flashing Beacon
(RRFB) signals. The current four lane alignment on E. Milwaukee St. would be
realigned to a three lane alignment with a single travel lane in each direction,
bike lanes and a center two way turn lane (TWLTL). The lane realignment would
be completed from Wright Rd to Highway 14.
After discussion of the alternatives, the majority of the Council expressed a preference
for alternative #5 but also asked that staff:
1. Research the feasibility of including in pavement lighting along the crosswalk
similar to lighting installed in Wisconsin Dells;
2. Research an automated actuation system for the warning lights;
3. Study the intersection of East Milwaukee Street and Wright Road to determine if
any improvement to the operation of that traffic signal controlled intersection
could be realized and if the recommended lane alignment modification would be
compatible with the intersection.
Recommendation
Following review by the Council, the Public Works Department recommends that the
City:
1. Modify the current four lane alignment on E. Milwaukee St. from Wright Rd. to
Highway 14 to include two drive lanes, two bike lanes and a center two way left
turn lane (TWLTL).
2. Improve the current at-grade trail crossing between Wright Rd. and Shannon Dr.
to include a raised median refuge island in the middle of E. Milwaukee St. and a
pedestrian actuated rectangular rapid flashing beacon (RRFB) system.
3. Include at the crossing an automated actuation system.
4. Do not include supplemental in-pavement lighting.
5. Complete a traffic study of the intersection of East Milwaukee Street and Wright
Road for consideration of recommendations included therein.
City Manager Recommendation
After reviewing the request by City Council to look further at the in-pavement lighting,
the research suggests that there would be continual maintenance costs without a
demonstrated benefit above the other improvements. Based on this, I concur with the
Public Works Department recommendation with the knowledge that we would have the
ability to add in-pavement lighting at a later date if needed.
Suggested Motion
I move to approve that:
1) The current four lane alignment on E. Milwaukee St. from Wright Rd. to Highway 14
be modified to include two drive lanes, two bike lanes and a center two way left turn
lane;
2) The current at-grade trail crossing between Wright Rd. and Shannon Dr. be
improved to include a raised median refuge island in the middle of E. Milwaukee St.
and a pedestrian actuated rectangular rapid flashing beacon system;
3) The beacon system be actuated by an automated detection system for recreation
trail users; and
4) Previously allocated note funds be utilized for the total estimated cost of $108,000.
Background
At the June 24, 2010 Council Study Session, the Council found that Alternative #5:
1) Provided a cost effective safety improvement which significantly enhanced the
safety of the recreation trail crossing between Wright Rd. and Shannon Drive.
2) Coordinates well with the scheduled intersection improvement at East Milwaukee
Street and Wuthering Hills Drive.
3) Generally improves function and safety of the entire corridor between Wright Road
and Highway 14.
th
The cost estimate for Alternative 5 as reported on June 24 is $99,500
A number of Council Members had observed a pedestrian crossing in downtown
Wisconsin Dells which included in pavement lighting bordering the crossing. Staff was
asked to look into the cost and feasibility of supplementing the improvements
recommended in Alternative 5 with similar lighting. Staff communicated with the public
works staff from Wisconsin Dells, other communities and a vendor and found the
following:
In-pavement lights
1. Wisconsin Dells Public Works Department offered the following:
a. The lights in the crosswalk are well liked by the downtown business
owners.
b. The cost of the installation for one crosswalk was approximately $35,000
c. There does not appear to be any snowplow or traffic damage to the
lighting units.
d. The City is replacing all 14 units every year due to light failure apparently
caused by moisture. The lights function well through the summer but then
fail during winter. Replacement takes one man two days and costs about
$3500 per year including materials, labor and traffic control.
2. Hayes, Kansas Public Works Department offered the following:
a. Snowplow blades do not bother the lights much except for an occasional
direct hit with a new blade and then the fixtures are quite pricey to
replace.
b. Dirt and grime fill the voids around the lights and reduce their visibility.
You need to blow them clean on a monthly basis.
3. Ashland Public Works Department offered the following:
a. Public Response has been good. Most helpful at night.
b. No problems with snow plows.
c. Installation was very touchy.
d. Although roadway was asphalt, all crosswalks were constructed with
concrete to facilitate the lights.
e. There were a small number of fixture failures.
f. Lighted signs made a bigger impact on safety.
4. Green Bay Public Works Department offered the following:
a. Fixtures are subject to frequent failure due to moisture. They are
maintenance intensive and difficult to repair because traffic needs to be
detoured.
5. One supplying vendor offered the following:
a. It is not recommended to install lights in asphalt pavement.
b. It is recommended to install the RRFB’s initially and only add in-pavement
lights if problems persist.
Incremental Cost Estimate:
?
$21,300
for 4 in-pavement lights installed in a new concrete strip
Based on staff’s research it is felt that the in-pavement lights would be a high
maintenance installation and that they would not result in measureable safety over that
provided by the other recommended safety features and therefore do not justify the
additional cost.
Automated actuation
Staff researched in pavement detection pads as well as bollards with infrared
beams. The pads are not recommended for use in snowy climates. The bollard
system is directional and would only be activated by an individual approaching
the roadway. It is assumed that a total of 8 bollards would be needed, four on
each side of the street and four additional in the refuge island.
Incremental Cost Estimate:
?
$8,500
for 8 bollards
If the Council desires the addition of automated detection, staff feels that the bollard
system is a reasonable solution.
East Milwaukee At Wright Road Intersection
th
Council Member Brunner expressed concern at the June 24 Study Session that the
intersection of East Milwaukee Street at Wright Road, which forms the western limit of
the corridor under study, is experiencing queuing problems under current conditions.
Staff has scheduled traffic counts at the intersection and directed our on-call traffic
consultant to analyze the intersection under the proposed lane alignment. The purpose
of the study is to determine the appropriate traffic signal phasing and timing for the
intersection along with reviewing the adequacy of the turn lane lengths. The results of
this study will provide recommendations on any needed timing; phasing and lane
alignment changes for the intersection to best optimize traffic flow and coordinate with
the proposed improvements to the east.
Community Development Department Memorandum
Date: August 9, 2010
TO: Eric Levitt, City Manager
FROM: Duane Cherek, Planning Services Manager
SUBJECT: Action on a Proposed Resolution Authorizing the City Manager to enter
into a Memorandum of Understanding between the City of Janesville and
Rock County (File Resolution No. 2010-721).
_____________________________________________________________________
Summary
SARA Investment Real Estate, LLC (SARA) is the owner of undeveloped property located
at the southeast corner of STH 11 and County Highway J (S. Wright Road), directly to the
east and across from the new regional medical facility being constructed by Dean/St.
Mary’s. SARA Investment proposes to develop a portion of the subject property with an
office related use. In order to provide access to the site from County Highway J, Rock
County is requesting that the City enter into a Memorandum of Understanding (MOU). The
MOU provides for the County to issue an access opening for the SARA project and also
requires that certain traffic improvements be installed as recommended in a traffic study
that was conducted for the subject property and the adjoining Dean/St. Mary’s project. A
similar MOU was approved by the Council in the fall of 2009 for the Dean/St. Mary’s access
permit on the west side of County J. Improvements costs to accommodate the necessary
traffic improvements for the access opening will be assigned to SARA Investments as part
of their proposed development.
Department Recommendation
The Community Development Department recommends that the City Council adopt
Resolution No. 2010-721, which will authorize the City Manager to enter into a
Memorandum of Understanding for access to County J (S. Wright Road) for the SARA
Investments project.
City Manager’s Recommendation
The City Manager supports adoption of this resolution.
Suggested Motion
I move to approve Resolution No. 2010- 721 authorizing the City Manager to enter into a
Memorandum of Understanding with Rock County regarding access to the SARA
Investments project onto County J (S. Wright Road).
Background
In 2009, a traffic study was completed in order to facilitate construction of the new Dean/St.
Mary’s hospital and clinic located east of I-39/90 and south of STH 11 (E. Racine Street).
Part of that study included the review of a secondary access connection to the health care
facility from County Highway J (S. Wright Road). The access onto County J is under the
jurisdictional control Rock County and therefore securing an access permit from the County
was necessary. The City and County entered into an MOU to establish the access point
and ensure that certain traffic improvements as recommended by the traffic study were
implemented. Development on the SARA property located directly to the east was not
proposed at that time.
The current proposal involves providing access to the SARA property in a manner similar to
the Dean/St. Mary’s connection to S. Wright Road. The traffic study was modified to
incorporate the number of trips generated from future development on the SARA property
and its impact on the roadway and access drives. The traffic analysis recommends the
installation of designated turn lanes on S. Wright Road to accommodate projected
development from both the Dean/St. Mary’s and SARA Investment projects. Those
improvements attributable to the SARA development proposal will be assessed to the
developer prior to installation.
In order to allow access onto County Highway J, Rock County is requiring that the City
enter into a Memorandum of Understanding (MOU) with Rock County for this access point
onto County J. The terms of the MOU include:
?
allows for an access point onto County J.
?
requires certain traffic improvements at the intersection of CTH J and the
proposed development’s new access drive.
?
gives Rock County the right to require the City to conduct additional traffic studies
if future development on the SARA property results in increased traffic and
turning movements at the access point occurs beyond the design capacity.
?
requires the City to install additional traffic improvements to address increased
traffic resulting from the SARA development and allows the City to assess those
traffic improvements to others.
The subject property adjoins STH 11 where direct access to that roadway is prohibited by
the Wisconsin DOT. As a result, access along County Highway J is required in order for
the site to be developed. Staff has prepared the attached MOU which has been approved
the Rock County Board. The Community Development Department believes that this is an
important access point and that the planned traffic improvements will adequately
accommodate the estimated traffic. As additional development occurs on the SARA
property, future traffic improvements may be necessary but are not expected at this access
drive location.
cc: Eric Levitt
Jacob Winzenz
RESOLUTION NO. 2010-721
A resolution authorizing the City Manager to enter into a Memorandum of
Understanding with Rock County for a Direct Access Permit on County Highway J
(S. Wright Road).
SARA
WHEREAS, SARA Real Estate LLC (hereinafter ) owns certain real property located
at the southeast corner of STH 11(E. Racine Street) and County Highway J (S. Wright
Subject Property
Road), legally described in Attachment A hereto (hereinafter the ); and
SARA
WHEREAS, desires to develop a portion of the subject property with an office
related use and incrementally develop their remaining property with office and commercial
Development
uses in the future (herein after ) and further desire to obtain a direct access
connection to County Highway J (S. Wright Road); and
Subject
WHEREAS, the County of Rock must grant and issue a permit before the
PropertyDevelopment
and could lawfully have direct access onto County Highway J; and
Subject Property
WHEREAS, the County of Rock has agreed to grant the and
Development
an access permit to County Highway J,subject to and contingent upon the
City
installation by the City of Janesville (hereinafter ) of certain traffic improvements at the
intersection of County Highway J and the new access drive; and
WHEREAS, Rock County is further requiring that in order to grant the access permit, the
City
and the County must enter into a certain Memorandum of Understanding (MOU), a
true and correct photocopy of which is attached hereto and incorporated herein as if fully
set forth verbatim, which sets forth and specifies certain binding terms and conditions
associated with the improvement of the access point, as required by the County of Rock;
and
SARA
WHEREAS, has agreed to pay for all of the necessary traffic improvements
City
including, but not limited to, those that will be installed by the , in order to address
Development
traffic impacts resulting from the and establishment of this access point; and
WHEREAS, the terms and provisions of the MOU allow Rock County to require future
traffic studies and improvements if demonstrated by an increase in traffic generated by
Subject Property Development
additional development on the and/or that warrants the
installation of said access point improvements on County Highway J; and
WHEREAS, the Common Council hereby find that facilitating and improving an access
DevelopmentSubject Property
point onto County Highway J for the SARA and is in the
best interest of the public and benefit of the community.
NOW, THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF
JANESVILLE that the City Manager, City Clerk, and his/her designee(s) are hereby
RESOLUTION 2010-721
PAGE 2
authorized to negotiate, enter into, and execute, on behalf of the City of Janesville, the
attached MOU; and to negotiate, draft, execute, record, and file such documents, papers,
agreements, and forms, to take such other actions, and to make such minor amendments
and changes to the MOU as the City Manager, from time to time and at any time, may
decide to be necessary and/or desirable to effectuate the MOU and/or the intent of this
resolution.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
McDonald
Eric J. Levitt, City Manager
Perrotto
Rashkin
ATTEST:
Steeber
Truman
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
_______
Wald Klimczyk, City Attorney
Proposed by: Community Development Department
Prepared by: Community Development Department
and City Attorney
06/29/2010
MEMORANDUM OF UNDERSTANDING (MOU)
By and Between
The City of Janesville (GRANTEE, CITY)
And
The County of Rock (GRANTOR, COUNTY)
Permitting SARA Direct Access onto County Highway J in Janesville, Wisconsin
SARA Investment Real Estate LLC (SARA) is developing a property located in the City of
Janesville. SARA desires direct access to County Highway J (S. Wright Road) from this site and
project.
SARA
WHEREAS, SARA Investment Real Estate LLC (hereinafter ) owns certain real property
City
located in the City of Janesville, County of Rock, State of Wisconsin (hereinafter ),
constituting approximately seven (7) acres located at the southeast quadrant of the STH 11 (E.
Racine Street) and County Highway J (S. Wright Road), legally described in Exhibit A hereto
Subject Property
(hereinafter the ) which description is reiterated and incorporated herein as if
fully set forth verbatim; and
SARA
WHEREAS, desires to develop a one acre portion of their property now with an office
related use and incrementally develop their remaining property with office and commercial uses
Development
in the future (herein after ); and further desire to obtain a direct access connection
DevelopmentSubject Property
for and from the and from and onto County Highway J (S.
Wright Road) at a specific location as designated and set forth in Exhibit A hereto (hereinafter
Access Point
the ); and
County)
WHEREAS, the County of Rock (hereinafter owns and controls County Highway J (S.
Access Point
Wright Road) at the ; and
CountySubject Property
WHEREAS, the must grant and issue a permit before the and
DevelopmentAccess
can lawfully have direct access from and onto County Highway J at the
Point
; and
SARACounty
WHEREAS, has requested from the permission for direct access from and onto
Development Subject Property from and
the andonto County Highway J (S. Wright Road) at
Access Point
the ; and
CountyAccess Point
WHEREAS, the , by granting, allowing, and issuing a permit for an
Access PointCity
requires certain traffic improvements to the be constructed by the ; and
06/029/10
Access Point
WHEREAS, once the said permit is granted and issued, modifications must be
Development
made to County Highway J at the new access drive for the to protect the safety of
the traveling public; and
CountySubject Property
WHEREAS, the has agreed to grant and issue to the and
Development
an access permit onto County Highway J, subject to and contingent upon the
City
installation by the of certain traffic improvements at the intersection of County Highway J
Development’s
and the new access drive; and
CountyCity
WHEREAS, the is further requiring that in order to grant the access permit, the and
County
the must enter into this Memorandum of Understanding (MOU) which sets forth and
specifies certain binding terms and conditions associated with the improvement and maintenance
Access PointCounty
of the , as required by the ; and
SARA
WHEREAS, has agreed to pay for a traffic study based upon an assumed level of
development and associated trip generation and for all of the necessary traffic improvements
City
recommended by that study including, but not limited to, those that will be installed by the ,
Development
in order to address traffic impacts resulting from the and establishment of this
access point; and
County
WHEREAS, the terms and provisions of the MOU allow the to require future traffic
Subject
studies and improvements if the traffic generated by actual improvement of the
PropertyDevelopment
and/or exceeds that base level assumed in the initial traffic study; and
th
City,
WHEREAS, the Common Council of the on Monday, the 9 day of August, 2010, found
Development
that facilitating and improving an access point onto County Highway J for the and
Subject Property
is in the best interest of the public and benefit of the community by approving
File Resolution No. 2010-721A Resolution Authorizing the City
and adopting Janesville ,
Manager to Enter into a Memorandum of Understanding with Rock County for a Direct
Access Permit for the SARA Investment Property;
and
Now, therefore, the County City
and thehereby acknowledge and understand the following
Access Point
conditions for granting said permit, and for good and valuable consideration, the
County City
receipt and sufficiency of which are hereby acknowledged, the and the hereby
contract, promise and agree as follows:
1. Each of the above recitals is reiterated and incorporated herein as if fully set forth
verbatim.
Access Point
2. To ensure that the public safety is facilitated at the for the access drive into
DevelopmentSubject PropertyCityCounty
and from the and , the and the agree to and
shall limit access to County Highway J as follows:
County
3. Only one (1) access drive shall be permitted by the onto and from County
Development Access Point
Highway J along the frontage of the and only at the.
4. Said access drive shall be located approximately 300 feet south of the STH 11/County J
(S. Wright Road) intersection as illustrated on the attached site plan, Exhibit B, which
06/29/10
Attachment is reiterated and incorporated herein by reference as if fully set forth
verbatim.
5. The design and construction of the intersection of this access drive onto County J shall be
City
the responsibility of the and constructed as approved by the Rock County Public
Works Director.
County City
6. The reserves the right to require the to conduct additional traffic studies by
CityCity’s
a qualified traffic engineering firm chosen by , at cost, for consideration of
Subject Property
access improvements in the event that development on the and/or
Development
results in trip generations in excess of the base amount assumed in the
initial traffic study.
City
7. The will be responsible for all expenses and costs associated with modifications
Development
and/or improvements for the access onto County Highway J.
City
8. Nothing in this agreement referencing costs that could be or will be incurred by the
City’s
is intended to limit the ability to pass those costs on to land owners or developers
through development agreements, land divisions improvements, zoning approvals,
special assessment proceedings, and/or the imposition of impact fees.
9. Enforcement: The provisions of this MOU are intended to be enforceable between the
parties hereto. In the event of a dispute between the parties, they shall meet and attempt
to resolve the dispute informally.
CountyCity
10. The MOU supersedes any other previous understanding between the and .
11. Rock County will continue to provide all other standard maintenance for County
Access Point
Highway J upon completion of said improvement for unless otherwise
CountyCity
negotiated and agreed to by the and the .
CountyCity
12. The MOU is null and void if the and agree to a jurisdictional transfer and
County
theno longer has access right authority for County Highway J (S. Wright Road).
13. This MOU is effective on the date the document is duly executed by all signatories. This
MOU will be null and void if not duly executed by all signatories by ____________,
2010.
COUNTY OF ROCK CITY OF JANESVILLE
By:______________________________ By:__________________________
Craig Knutson, County Administrator Eric J. Levitt, City Manager
By:______________________________ By:__________________________
Lori Stottler, County Clerk Jean Ann Wulf, City Clerk-Treasurer
Dated: ___________________________ Dated:_______________________
The City of Janesville by Resolution No. 2010-721 agrees to the obligation under this MOU
COMMUNITY DEVELOPMENT DEPARTMENT
August 9, 2010
TO: City Council
FROM: Terry Nolan, Associate Planner
SUBJECT: Action on a proposed resolution authorizing the filing of an application
with the U.S. Department of Housing and Urban Development for a
Community Challenge Grant (File Resolution No. 2010-722).
______________________________________________________________________________
Summary
The U.S. Department of Housing and Urban Development (HUD), as part of its 2010
appropriations, has created a Sustainable Communities Initiative to improve regional
planning efforts that integrate housing and transportation decisions and increase the
capacity to improve land use and zoning. The Sustainable Communities Initiative includes
$40 million for Community Challenge Grants to foster reform and reduce barriers to
achieve affordable, economically vital, and sustainable communities. The program funds
activities like reform of zoning codes, ordinances, building standards, or other laws to
remove barriers and promote sustainable and mixed-use development and to overcome
the effects of impediments to fair housing choice. The Community Development
Department is requesting that the City Council authorize City Administration to submit a
grant request. Part of the grant will be used to rewrite Janesville’s zoning code and
subdivision ordinance to ensure consistency with the Comprehensive Plan, adopted in
2009. Updating the City’s zoning and subdivision ordinance is necessary to implement the
recommendations contained in the Comprehensive Plan. More specifically, updating the
zoning districts and zoning map to be consistent with the future land use categories and
their designations. This effort will align policies and recommendations of the Plan with City
of Janesville ordinances that regulate development. Additionally, the rewrite will create
well designed neighborhoods offering a variety of housing and mixed use development
and redevelopment.
As the other part of the project, the Neighborhood Services Department will perform an
Analysis of Impediments that affect the rights of fair housing choice. The Department of
Housing and Urban Development requires municipalities receiving funding for housing and
community development programs to make a strong commitment to affirmatively further fair
housing. As part of this commitment, Janesville is required to undertake fair housing
planning and maintain and update an Analysis of Impediments to fair housing. The
purpose of an Analysis of Impediments is to determine what, if any, impediments to fair
housing exist within the City and to provide an action plan for eliminating any impediments.
The analysis would involve an extensive review of Janesville’s ordinances, regulations,
and administrative policies, procedures, and practices; an assessment of how those laws
affect the location, availability, and accessibility of housing; an evaluation of conditions,
both public and private, affecting fair housing choice; and an assessment of the availability
of affordable, accessible housing in a range of unit sizes. The City’s current Analysis of
Impediments was completed in 2005. HUD encourages communities to update this
analysis every 5 years or more frequently, where necessary.
Completing the Analysis to Impediments to Fair Housing in conjunction with the zoning and
subdivision update will allow an opportunity for any recommendations to be immediately
incorporated within these documents.
The total estimated cost of the project is $136,000. The zoning code and subdivision
ordinance rewrite is estimated to cost $116,000, and the remaining $20,000 will be used to
perform the Analysis of Impediments to fair housing. A minimum 20% match is required for
the grant. If awarded, The City would contract with a private consultant to perform planning
activities, with Community Development Department staff providing $23,000 dollars of in-
kind labor through project oversight, outreach, data collection, and administration. The
Neighborhood Services Department would provide $4,000 dollars of in-kind labor through
data collection.
Staff Recommendation
Community Development Department Staff recommends that a motion to adopt File
Resolution No. 2010-722 be approved.
City Manager Recommendation
The City Manager supports the approval of resolution No. 2010-722
Suggested Motion
Motion to approve the filing of an application with the U.S. Department of Housing and
Urban Development for a Community Challenge Grant
cc: Eric Levitt, City Manager
Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services
RESOLUTION NO. 2010-722
A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION
WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
FOR A COMMUNITY CHALLENGE GRANT
WHEREAS
, the Community Development Department supports the action of the Common Council to apply
for HUD Community Challenge Grant monies from the U.S. Department of Housing and Urban Development
for a Community Challenge Grant to rewrite the Janesville zoning code and subdivision ordinance and to
perform an analysis of impediments that affect the right to fair housing;
WHEREAS
, The City Council supports the action of the Community Development Department to rewrite the
Janesville zoning code and subdivision ordinance in order to ensure consistency with the Comprehensive
Plan; and supports the action of the Neighborhood Services Department to perform an analysis of
impediments that affect the right to fair housing in order to affirmatively further fair housing;
WHEREAS
, the Common Council of the City of Janesville finds it is in the best interest of the community to
facilitate these policy activities.
NOW, THEREFORE BE IT RESOLVED
by the Common Council of the City of Janesville that it authorizes
and directs the City Manager to submit an application to the U.S. Department of Housing and Urban
development for $108,800.00 including all certifications and that the City Manager is authorized to act in
connection with the application and to provide such additional information as may be required and to
administer the program in accordance with all applicable State and Federal regulations.
BE IT FURTHER RESOLVED,
that the City Manager, and his designees, are hereby authorized to
negotiate, draft, prepare, execute, file and modify such other documents, papers and agreements ancillary
and/or pertaining thereto and, from time to time, to take and/or make whatever other minor actions and/or
minor modifications to the above described agreements as the City Manager and/or his designee may deem
necessary and/or desirable to effectuate the purposes of such agreements and the intent of this resolution.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
McDonald
Eric J. Levitt, City Manager
Perrotto
Rashkin
ATTEST:
Steeber
Truman
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
City Attorney, City Attorney
Proposed by: Community Development Department
Prepared by: Community Development Department
DEPARTMENT OF PUBLIC WORKS MEMORANDUM
July 28, 2010
TO: City Council
FROM: Mike Payne, Engineering Manager
SUBJECT: Award of Contracts Bid Schedule “E” – 2010
Contract 2010-11, Sanitary Sewer Lining & Point Repairs
Contract 2010-12, Sanitary Sewer Lateral Lining
Contract 2010-13, Sanitary Sewer Siphon Improvements
Summary
Bids for Public Works Bid Schedule “E” – 2010, Contracts 2010-11, -12 and -13, were
opened on Wednesday, July 21, 2010. The Engineering Division and Wastewater Utility
are recommending award of these contracts to the low bidders and that the City Council
express their intent to include in the 2010 Note Issue $75,000 for the Sanitary Sewer
Siphon Improvements (Contract 2010-13) and $30,000 for Storm Sewer Lining
(Contract 2010-11).
Recommendation
Following review by the Council, the Engineering Division and Wastewater Utility
recommend award of contracts 2010-11, -12, and -13 to the low bidders and that the
City Council express their intent to include in the 2010 Note Issue $75,000 for the
Sanitary Sewer Siphon Improvements and $30,000 for Storm Sewer Lining.
City Manager Recommendation
The City Manager recommends approval.
Suggested Motion
I move to Award contracts 2010-11, -12, and -13 to the low bidders and that the City
Council express their intent to include in the 2010 Note Issue $75,000 for the Sanitary
Sewer Siphon Improvements and $30,000 for Storm Sewer Lining.
Background
Contract 2010-11, Sanitary Sewer Lining & Point Repairs
This project includes trenchless lining repair (cured-in-place lining method) of
approximately 21,000 L.F. 8” - 20” diameter sewer, manhole-to-manhole; and
approximately 5 - 8” diameter point repairs of varying lengths under existing paved
streets.
\\petey\cojhome\agenda review\approved agenda items\2010\8-9-2010\award of contracts bid schedule e - memo.doc
Award of Bid Schedule “E” - 2010
Contract 2010-11, Sanitary Sewer Lining & Point Repairs
Contract 2010-12, Sanitary Sewer Lateral Lining
Contract 2010-13, Sanitary Sewer Siphon Improvements
_ _______________
28 JULY 2010 – PAGE 2.
We received six (6) bids for this project, with Visu-Sewer, Inc. providing the low bid.
The Engineering Division is recommending award of this contract to Visu-Sewer, Inc of
Pewaukee, Wisconsin, in the amount of $703,670.00 for the total amount bid. Part A
includes sewer lining and Part B includes point repairs. The bids received are shown
below:
2010-11 SANITARY SEWER LINING & POINT REPAIRS
Visu-Sewer, Inc. Part A: $688,540.00
W230 N4855 Betker Drive Part B: $15,130.00
Pewaukee, WI 53072 Total Bid: $703,670.00
Terra Eng. & Construction Corporation Part A: $707,126.50
2201 Vondron Road Part B: $14,678.00
Madison, WI 53718 Total Bid: $721,804.50
McCann’s Underground Part A: $747,019.75
611 N. Burr Oak Avenue Part B: $18,600.00
Oregon, WI 53575 Total Bid: $765,619.75
Michels Corporation Part A: $828,090.00
817 W. Main Street, P.O. Box 128 Part B: $17,930.00
Brownsville, WI 53006 Total Bid: $846,020.00
Insituform Technologies USA, Inc. Part A: $840,022.20
17988 Edison Avenue Part B: $16,759.60
Chesterfield, MO 63005 Total Bid: $856,781.80
Lametti & Sons, Inc. Part A: $876,237.00
16028 Forest Blvd. N., P.O. Box 477 Part B: $15,585.00
Hugo, MN 55038 Total Bid: $891,822.00
Funding for this project was included in the proposed 2010 CIP, however, City staff
proposed using a DNR low interest loan for the wastewater utility portion of this project.
The storm sewer lining ($25,265.25) will be funded using 2010 Note Issue monies.
Award of Bid Schedule “E” - 2010
Contract 2010-11, Sanitary Sewer Lining & Point Repairs
Contract 2010-12, Sanitary Sewer Lateral Lining
Contract 2010-13, Sanitary Sewer Siphon Improvements
_ _______________
28 JULY 2010 – PAGE 3.
Contract 2010-12, Sanitary Sewer Lateral Lining
This project includes the lining of approximately 55 sanitary sewer laterals (4” - 6”
diameter) on 8” - 12” diameter sewer mains under existing paved streets.
We received three (3) bids for this project with Musson Brothers, Inc. providing the low
bid. The Engineering Division is recommending award of this contract to Musson
Brothers, Inc., Rhinelander, WI, $230,375. The bids received are shown below:
2010-12 SANITARY SEWER LATERAL LINING
Musson Brothers, Inc. Total Bid: $230,375.00
909 Boyce Drive, P.O. Box 818
Rhinelander, WI 54501
McCann’s Underground Total Bid: $255,020.00
611 N. Burr Oak Avenue
Oregon, WI 53575
United Pipe Renewal, Inc. Total Bid: $372,675.00
nd
6678 N.W. 62 Avenue, P.O. Box 347
Johnston, Iowa 50131
Funding for this project was included in the proposed 2010 CIP, however, City staff
proposed using a DNR low interest loan for this project.
Contract 2010-13, Sanitary Sewer Siphon Improvements
This project includes cleaning, televising, and making improvements to four
sanitary sewer siphon systems running under the Rock River. The four siphon
systems are Racine Court, Old WWTP, Riverview, and New WWTP siphons. The
four systems include inlet and outlet structures for each system and piping of
various sizes. The improvements include demolition as required, new covers and
access hatches, televising siphon pipes, internal walls and control gates, and
cleaning control structures and siphon pipes.
Award of Bid Schedule “E” - 2010
Contract 2010-11, Sanitary Sewer Lining & Point Repairs
Contract 2010-12, Sanitary Sewer Lateral Lining
Contract 2010-13, Sanitary Sewer Siphon Improvements
_ _______________
28 JULY 2010 – PAGE 4.
We received three (3) bids for this project with R.T. Fox Contractors, Inc. providing the
low bid. The Engineering Division is recommending award of this contract to R.T. Fox
Contractors, Inc., Edgerton, WI, $840,000. The bids received are shown below:
2010-13 SANITARY SEWER SIPHON IMPROVEMENTS
R. T. Fox Contractors, Inc. Total Bid: $840,000.00
P.O. Box 331
Edgerton, WI 53534
E & N Hughes Co., Inc. Total Bid: $854,492.00
N2629 Coplien Road, P.O. Box 408
Monroe, WI 53566
Lametti & Sons, Inc. Total Bid: $1,153,700.00
16028 Forest Blvd. N., P.O. Box 477
Hugo, MN 55038
Funding for this project includes $75,000 in the proposed 2010 Note Issue as well as
previously borrowed funds available in the Wastewater Utility construction fund.
Attachment
cc: Eric Levitt
Jay Winzenz
Carl Weber
Dan Lynch
Community Development Department Memorandum
Date: July 27, 2010
TO: Janesville City Council
FROM: Vicky Miller, Development Specialist
SUBJECT: Introduce, refer to Plan Commission and schedule a public hearing on a
proposed ordinance for a comprehensive text amendment to change the
Zoning and Building Codes with regard to detached structures (File
Ordinance No. 2010-459).
_____________________________________________________________________
Over the past 7 years, the Zoning Board of Appeals has consistently received variance
requests to reduce the setback between the rear line of a home and the front line of a
detached structure. Most commonly, these cases materialize in one of two ways:
1. A property owner wishes to add a room onto the rear of his home but cannot
obtain a building permit without variance approval because an existing detached
garage is located too close to the house.
2. Or a property owner wishes to construct a detached garage in the rear yard but
the yard is not deep enough to provide the required 5 foot setback from the
house.
Over the past 7 year period, 17 variance requests have been received and all but one
was approved. Approximately 18 months ago, the Zoning Board requested that Staff
work to amend the code to eliminate this type of case because these have been repeat
requests. In doing so, Staff discovered other inconsistencies in the code which require
revision and therefore, those changes are being proposed at this time along with the
setback changes.
The Community Development Department recommends that following the first reading
of Ordinance No. 2010-459, it be referred to the Plan Commission for review and
recommendation and scheduled for public hearing on September 27, 2010.
cc: Brad Cantrell
Gale Price
Eric Levitt
Jay Winzenz
ORDINANCE NO. 2010- 459
An ordinance amending the City’s Zoning and Building Regulations with regard to the
construction of detached structures and setbacks as set forth in JGO Chapters 15 and 18
applicable Chapters of Janesville’s Code of General Ordinances, with penalties for violations
thereof as set forth respectively as applicable in JGO 18.28.010 and 15.02.130.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I.
Section 18.20.465 of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
“18.20.465 GARAGE
. “Garage” means a building or portion thereof that is greater than
120 square feet in area and in which a motor vehicle containing gasoline, distillate, or other
volatile flammable liquid in its tank may or may not be stored, prepared, or kept. A garage may
also allow storage of other vehicles (including electric vehicles), tools, gardening equipment, or
other vehicle or equipment that includes gasoline or other volatile flammable liquid in its tank.”
A.
"Garage" means a building or portion thereof in which a motor vehicle containing
gasoline, distillate, or other volatile, flammable liquid in its tank may be stored, prepared or kept.
B.
"Private Garage" means a garage in which motor vehicles used only by the
occupants of the building or buildings on the premises may be stored or kept.
C.
“Attached Private Garage," means a private garage that is attached directly to the
principal building, attached to the principal building by means of an enclosed or open breeze-
way, porch, or vestibule, constructed so as to form an integral part of the principal building,
constructed in the basement of the principal building, or otherwise situated that any portion of it
lies in front of an imaginary line extending across the lot, said lot being five feet in back of and
parallel to the rear-most portion of the principal building, whether or not such garage is
physically attached to the principal building. However, on any corner lot a garage which is more
than 10 feet from the nearest portion of the principal building shall be considered a detached
private garage.
D.
"Detached private garage" means a private garage more than 120 square feet in size,
entirely separated from the principal building and not defined as an attached garage.
DETACHED GARAGE DETACHED GARAGE
STANDARD LOT CORNER LOT
DELETE PICTURES
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SECTION II.
Section18.20.466 of the Code of General Ordinances of the City of Janesville is
hereby created to read as follows:
“18.20.466 GARAGE, ATTACHED.
“Attached garage” shall mean a garage
which meets or exceeds one or more of the following:
a. attached directly to the principal building,
b. attached to the principal building by means of an enclosed or open
breezeway, porch, terrace, or vestibule, constructed so as to form an integral part of the principal
building,
c. constructed in the basement of the principal building,
d. situated less than 5 feet from any point of the principal building and/or
attached deck,
e. situated so that any portion of any garage wall lies on or to the rear of an
imaginary line extending across the lot (said line being 5 feet in back of AND parallel to the
closest rear wall of the principal building or attached deck) and at least one garage wall is closer
than 10 feet from any other wall of the principal building.
f. situated so that any portion of any garage wall lies on or in front of an
imaginary line extending across the lot (said line being 5 feet in back of and parallel to the
closest rear wall of the principal building or attached deck), AND at least one garage wall is less
than 10 feet from any other wall of the principal structure.”
2
SECTION III.
Section18.20.467 of the Code of General Ordinances of the City of Janesville is
hereby created to read as follows:
“18.20.467 GARAGE, DETACHED.
“Detached garage” shall mean a garage
entirely separated from the principal building and which meets or exceeds one or more of the
following:
a. situated so that any portion of any garage wall lies on or to the rear ofan
imaginary line extending across the lot (said line being 5 feet in back of and parallel to the
closest rear wall of the principal building or attached deck) AND all other garage walls are 10
feet or more from any other wall of the principal building.
b. situated so that any portion of any garage wall lies on or in front of an
imaginary line extending across the lot (said line being 5 feet in back of and parallel to the
closest rear wall of the principal building) AND all other garage walls are 10 feet or more from
any other wall of the principal building.”
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SECTION IV.
Section 18.20.565 of the Code of General Ordinances of the City of Janesville is
hereby created to read as follows:
“18.20.565 LIVING AREA.
“Living area” means the gross floor area of living space
within the principal building, excluding porches, decks, breezeways, garages, and basements,
regardless of whether or not these areas are finished.”
SECTION V.
Section 18.32.100 of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
“18.32.100 ACCESSORY BUILDINGS (ATTACHED AND DETACHED),
DETACHED PRIVATE GARAGES, STRUCTURES, AND USES
. The following
regulations shall govern accessory buildings, structures, and uses.
A
. Accessory buildings, attached and detached private garages, structures, and uses
shall be compatible with the principal use and shall not be established prior to the establishment
of a principal use on a lot.
B
. Except as otherwise regulated herein, any accessory building or structure
hereafter erected, altered, enlarged, or moved on a lot shall conform with the following:
1
. No detached private garage or accessory building shall be nearer than five
feet from the nearest portion of any other building on the lot.
2.
All detached garages and accessory buildings must comply with the front
yard and corner sideyard setback requirements as described within each zoning district.
3.
No detached private garage or accessory building directly adjacent to a
principal building shall be less than eight feet from any interior side lot line and ten feet from the
principal building.
4.
When a detached garage or accessory structure is located to the rear of the
closest perpendicular line of the principal building, no detached structure shall be less than the
distance(s) described in Section 18.20.467 from the principal structure.
C
. No detached private garage or accessory building “accessory” to a residence shall
have more than one story or exceed fourteen feet in height, measured from floor to peak of roof.
The building official may authorize a greater building height not to exceed twenty-two feet for
private detached garages which are located in a district listed on the National Register of Historic
Places or in a historic overlay district, but only in order to construct a roof pitch to be
compatible with the roof pitch of the principal building.
D
. Attached private garages shall be considered part of a principal building and shall
comply with the setbacks for a principal building.
E
. Detached private garages shall comply with the setbacks for accessory buildings.
F
. No accessory building “accessory” to a one or two family residence shall be
greater than 120 square feet in area. No detached private garage “accessory” to a one or two
family residence shall be greater than 750 square feet in area. No attached garage “accessory” to
a one or two family residence shall be greater than the gross “living area” of the principal
building as defined in Section 18.20.565.
G
. For each dwelling unit in a single or two family residence there shall be no more
than one accessory building and no more than one detached private garage.”
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SECTION VI.
Sections 18.36.020 B.1.f.i., B.2.f.i., B.3.f.i., B.4.f.i., B.5.f.i., and B.6.f.i. of the
Code of General Ordinances of the City of Janesville are hereby amended to read as follows:
18.36.020 B.1. R1 - Single-Family and Two-Family Residence District
.
“f. Minimum setback requirements for accessory uses structures:
i.
Front yard, five feet to the rear of the principal building as
set forth in Section 18.20.467, as from time to time amended or renumbered;”
18.36.020 B.2. R1D - Two-Family Residence District
.
“f. Minimum setback requirements for accessory uses structures:
i.
Front yard, five feet to the rear of the principal building as
set forth in Section 18.20.467, as from time to time amended or renumbered;”
18.36.020 B.3. R2 – Limited General Residence District
“f. Minimum setback requirements for accessory uses structures:
i.
Front yard, five feet to the rear of the principal building as
set forth in Section 18.20.467, as from time to time amended or renumbered;”
18.36.020 B.4. R3M - Medium Density Residence District
.
“f. Minimum setback requirements for accessory uses structures:
i.
Front yard, five feet to the rear of the principal building as
set forth in Section 18.20.467, as from time to time amended or renumbered;”
18.36.020 B.5. R3 – General Residence District
“f. Minimum setback requirements for accessory uses structures:
i.
Front yard, five feet to the rear of the principal building as
set forth in Section 18.20.467, as from time to time amended or renumbered;”
18.36.020 B.6. R4 – Central Residence District
“f. Minimum setback requirements for accessory uses structures:
i.
Front yard, five feet to the rear of the principal building as
set forth in Section 18.20.467, as from time to time amended or renumbered;”
SECTION VII.
Section 15.01.040 of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
“Section 15.01.040 - ADOPTION OF "WISCONSIN ADMINISTRATIVE CODE"
The Wisconsin Administrative Code for 1 and 2 Family Dwellings, also known as the Wisconsin
Uniform Dwelling Code, ILHR including but not limited to Comm 20-25 and 60-66, as from
time to time amended or renumbered, and The Building and Heating, Ventilation and Air
Conditioning Code, ILHR 50-64, is adopted by reference and made a part of this chapter and title
as if fully set forth herein. Any act required to be performed or prohibited by such code
incorporated hereby by reference is required or prohibited by this chapter. This section adopts
such other Wisconsin Administrative Codes as may supersede, supplant or in any way amend,
modify, change or add to the Wisconsin Administrative Code as adopted above.”
5
SECTION VIII.
Sections 15.01.050 C. and D. of the Code of General Ordinances of the City of
Janesville are hereby amended to read as follows:
“Section 15.01.050 - APPLICATION OF CODE
COne and Two Family Dwellings
. - The City’s one and two family dwelling code
and related City ordinances shall apply to new and existing one and two family dwellings, and to
parts thereof, which are hereafter erected or altered. Residential detached garages and accessory
buildings are subject to the Wisconsin Uniform Dwelling Code for One- and Two- Family
Dwellings and are included within the scope of this code.
D
. All buildings and structures used for occupancy as specified in ILHR 54-62 the
Wisconsin Uniform Dwelling Code [Comm 60-66] shall conform to the applicable requirements
of the Wisconsin Administrative Building Code or and City of Janesville General Ordinances.”
SECTION IX.
Section 15.01.050 G. of the Code of General Ordinances of the City of Janesville
is hereby repealed:
G.Cold Storage Warehouse Use
- Buildings or structures without continuous four
foot (4') footings shall only be allowed in industrial zoned property for cold storage warehouse
use. Concrete floors must be installed in buildings. No water and sewer laterals or heating
devices may be installed in or to such buildings.
SECTION X.
Sections 15.01.200 A. and H. of the Code of General Ordinances of the City of
Janesville are hereby amended to read as follows:
“Section 15.01.200 - GENERAL DEFINITIONS
AAccessory Building
. - A part of a principal building, or a supplemental building
located on the same lot with a principal building and generally used for storage, private garage,
or other use customarily incident to a residence use. A building that is less than or equal to 120
square feet, is incidental and subordinate to the principal building, serves the principal building
exclusively, and is detached from but located on the same lot with such principal building.)”
“HGarage
. - A building or portion thereof in which a motor vehicle containing
gasoline, distillate, or other volatile, flammable liquid in its tank is stored, repaired, or kept. A
building or portion thereof that is greater than 120 square feet in area and in which a motor
vehicle or equipment containing gasoline, distillate, or other volatile flammable liquid in its tank
may or may not be stored, prepared, or kept. A garage may also allow storage of other vehicles
(including electric vehicles), tools, gardening equipment, or other vehicle or equipment that
includes gasoline or other volatile flammable liquid in its tank.”
SECTION XI.
Section 15.01.230 of the Code of General Ordinances of the City of Janesville is
hereby repealed:
Section 15.01.230 - FOOTINGS
All footings shall be cast in forms upon undisturbed earth.
6
SECTION XII.
Sections 15.01.240 A., B., and C. of the Code of General Ordinances of the City
of Janesville are hereby amended to read as follows:
“Section 15.01.240 – FOOTINGS AND FOUNDATIONS
A
. One & Two family foundations and footings shall be designed and constructed to
conform with the construction standards set forth in the Wisconsin Administrative Code.
additions maybe trenched in eight (8") inch wide by forty-eight (48") inches deep foundation
walls where self standing soil conditions prevail. The building Inspector shall determine if the
soil conditions are appropriate for trenching.
B
. All public buildings with the exception of mini warehouses (as defined by the
Wisconsin Administrative Code) shall have a continuous foundation wall forty-eight (48") inches
in depth below grade. All footings and foundation walls shall be cast in forms on undisturbed
earth.
The following buildings are allowed to be constructed with floating slab-on-grade construction
(provided no water or sewer laterals or heating devices are installed in or to such buildings):
1. Mini warehouses
(as defined by the Wisconsin Administrative Code
and COJ General Zoning Ordinances).
2.Detached garages
for single-family and two-family residences and
multi-family dwelling units.
3. Cold Storage warehouses
in industrial zoned property.
C.
Accessory buildings (in permitted zoning districts) less than or equal to 120
square feet are exempt from footing and foundation requirements. They may be constructed on a
floating slab at the discretion of the property owner.”
SECTION XIII.
Sections 15.01.250 A.1., A.2., and A.3. of the Code of General Ordinances of
the City of Janesville are hereby amended with illustrations to read as follows:
“Section 15.01.250 - GARAGES - GENERAL REQUIREMENTS
A. Definitions
1.
Attached private garage means a private garage which is attached directly
to the principal building, attached to the principal building by means of an enclosed or open
breezeway, porch, terrace, or vestibule, constructed so as to form an integral part of the principal
building, constructed in the basement of the principal building, or otherwise situated that any
portion of it lies in front of an imaginary line extending across the lot, said line being 5 feet back
of and parallel to the rear-most portion of the principal building, whether or not such garage is
physically attached to the principal building. However, on any corner lot, a garage which is
more than 10 feet from the nearest portion of the principal building shall be considered a
detached garage. “Attached garage” shall mean a garage which meets or exceeds one or more of
the following:
a. attached directly to the principal building,
b. attached to the principal building by means of an enclosed or open
breezeway, porch, terrace, or vestibule, constructed so as to form an integral part of the principal
building,
c. constructed in the basement of the principal building,
d. situated less than 5 feet from any point of the principal building and/or
attached deck,
7
e. situated so that any portion of any garage wall lies on or to the rear of an
imaginary line extending across the lot (said line being 5 feet in back of AND parallel to the
closest rear wall of the principal building or attached deck) and at least one garage wall is closer
than 10 feet from any other wall of the principal building.
f. situated so that any portion of any garage wall lies on or in front of an
imaginary line extending across the lot (said line being 5 feet in back of and parallel to the
closest rear wall of the principal building or attached deck), AND at least one garage wall is less
than 10 feet from any other wall of the principal structure.
2.
Detached private garage shall mean a private garage more than 120 square
feet entirely separated from the principal building and not defined as an attached garage under
(1) above. “Detached garage” shall mean a garage entirely separated from the principal building
and which meets or exceeds one or more of the following:
a. situated so that any portion of any garage wall lies on or to the rear ofan
imaginary line extending across the lot (said line being 5 feet in back of and parallel to the
closest rear wall of the principal building or attached deck) AND all other garage walls are 10
feet or more from any other wall of the principal building.
b. situated so that any portion of any garage wall lies on or in front of an
imaginary line extending across the lot (said line being 5 feet in back of and parallel to the
8
closest rear wall of the principal building) AND all other garage walls are 10 feet or more from
any other wall of the principal building.
3.“
Living area” means the gross floor area of living space within the
principal building, excluding porches, decks, breezeways, garages, and basements, regardless of
whether or not these areas are finished. One-hour fire-resistive construction shall include the
following assemblies and materials:”
a
. Two (2") inch brick or stone veneer.
b.
Metal lath or perforated rock lath and three-fourths (3/4") inch of
plaster.
c
. Five-eighths (5/8") inch fire code gypsum plaster board.
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SECTION XIV.
Sections 15.01.250 B., C., D., E., and F. of the Code of General Ordinances of
the City of Janesville are hereby amended to read as follows:
“B.Size
1.
Detached private garages shall not be constructed larger than 750 square
feet in area.
2.
Attached garages shall not be constructed larger than the gross “living
area” of the principal building, excluding porches, decks, breezeways, and basements, regardless
of whether or not these areas are finished.
C.Foundations and footings
1.
Attached private garages shall be provided with the same type footings
and foundations as required herein for the principal building.
2.
Detached private garages may be built with a continuous floating slab of
reinforced concrete not less than four (4") inches in thickness. In place of footings, the perimeter
edges of the slab shall be thickened to a minimum of 8” x 12”. Reinforcement shall be a
minimum of 6" x 6" No. 10 x 10 wire mesh. Bolts 3/8 ½ inch in diameter with nuts and washers
attached, 6 inches long, shall be embedded 3 5 inches in the concrete curb of detached garages 8
feet on centers at a maximum spacing of 72 inches apart or other methods approved by the
Building Department.
D.Floor Surface
- The floor in all private garages shall be of concrete construction.
No openings or pits in the floor shall be permitted, except for drainage to the sanitary sewer
system.
E.Construction
- Private gGarages, whether attached or detached, shall be
constructed in compliance with the Wisconsin Uniform Dwelling Code, Comm 20-25,
Wisconsin Administrative Code. Residential detached garages and accessory buildings are
included in the scope of this code. Commercial detached garages are required to meet the
standards of the Wisconsin Commercial Building Code. as follows: (See detail (B) for detached
garages).
1
. Load bearing foundation walls and piers, masonry walls, and partitions
shall be constructed as regulated herein except as stated above.
2
. Detached private garages of wood frame construction shall be constructed
with the following minimum requirements:
a
. Studs may have a maximum spacing of twenty-four (24") inches
on centers.
b.
Diagonal corner bracing may be applied on the inside surface of
studs.
c.
Corner posts may consist of two (2) two by four (2" x 4") inch
studs or an single four by four (4" x 4") inch stud.
d
. Horizontal bracing and collar beams may be two by six (2" x 6")
inch with a maximum spacing of four (4') foot on centers.
3.
Framing and construction of an attached garage shall be of the same type
as that of the principal building and as further regulated in this code. Such requirements shall
include carports.
F.
Heating equipment in attached and detached garages or accessory buildings shall
comply with the standards as set forth in the Wisconsin Administrative Code, Comm 23.”
10
Additional regulations for attached Private Garages
- Attached private garages shall comply
with the following regulations:
1.
All walls in common with a principal building and attached private garage
shall be of not less than one hour fire-resistant construction on garage interior.
2.
Where an attached private garage is part of a building having habitable
rooms over such garage, there shall be provided a horizontal and vertical separation between the
two occupancies of not less than one-hour fire-resistant construction on garage interior.
3.
An attached private garage may have a door connecting directly into the
principal building provided that floor of such garage is at least eight (8") inches below the floor
of such principal building. Such door shall be a self- closing metal clad door or solid wood
door not less than one and three-quarter (1 3/4") inches in thickness. A maximum one hundred
(100) square inches of one-quarter (1/4") inch stationary wire glass window may be permitted in
such door.
4.
Boilers, furnaces or other heating equipment used in connection with the
principal building shall not be installed in private garages. There shall be no openings from a
private garage which shall lead directly to a boiler or furnace room unless they conform to the
requirements for openings directly to the house. Heating equipment in private garages shall be
limited to steam or hot water piping. Unit heaters approved for installation in public garages
may be used.”
SECTION XIII.
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
Brunner
McDonald
Eric J. Levitt, City Manager
Perrotto
Rashkin
ATTEST:
Steeber
Truman
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Wald Klimczyk, City Attorney
Proposed by: Community Development Department
Prepared by: Community Development Department
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