Full Agenda Packet CITY OF JANESVILLE
CITY COUNCIL MEETING AGENDA
MONDAY, January 10, 2011
7:00 P.M.
1. Call to Order and Pledge of Allegiance.
2. Roll Call.
3. Regular City Council meeting minutes of December 27, 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. Second reading, public hearing and action on a proposed ordinance
amending Chapter 14 (Signs) of the Code of General Ordinances of the City
of Janesville with regard to on-premise wall signs in Sign District D and the
designation of street frontages for allowing such signs.
(File Ord. No. 2010-468)
3. Second reading, public hearing and action on a proposed ordinance
prohibiting the possession, sale and use of synthetic cannabinoids.
(Revised File Ord. No. 2010-472)
4. Second reading, public hearing and action on a proposed ordinance
annexing property located at 2609 South U.S. Highway 51.
(File Ord. No. 2010-469)
5. Second reading, public hearing and action on a proposed ordinance
annexing and zoning to B2 property located at 2609 South U.S. Highway
51. (File Ord. No. 2010-470)
-----------------------
“C” – This designation indicates an item that the City Council will take up
under a Consent Agenda.
City Council Agenda – January 10, 2011
Page 2
NEW BUSINESS
1. Motion to approve Council President recommended citizen committee
appointments to Sustainable Janesville Committee.
2. Action on a proposed resolution authorizing the City Manager to sell
property located at 3115 Rockport Park Drive. (File Res. No. 2011-765)
3. Introduce 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. 2011-473)
4. Requests and comments from the public on matters which can be affected
by Council action.
5. Matters not on the Agenda.
6. Motion to adjourn.
The use of audible cell phone ringers and active use and response to cellular
phone technology by the governing body, staff and members of the public is
discouraged in the Council Chambers while the Council is in session.
PROCEEDINGS OF THE CITY COUNCIL
CITY OF JANESVILLE, WISCONSIN
REGULAR MEETING
DECEMBER 27, 2010
VOL. 61
NO. 27
Regular meeting of the City Council of the City of Janesville held in the Municipal Building on
December 27, 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, Perrotto, McDonald, Rashkin
(arrived at 7:02 p.m.) and Truman. Absent: Councilmember Steeber.
CONSENT AGENDA
Regular City Council meeting minutes of December 13, 2010.
Licenses; and Recommendations of the Alcohol License Advisory.
Financial statement for the month of November, 2010.
Councilmember Yuri Rashkin joined the meeting at 7:02 PM.
Council President Voskuil stated that all items on the consent agenda would be approved as
recommended if there were no objections. There were none.
Special recognition: Action on a proposed resolution in commendation of Richard Scherdell’s
thirty-seven years of service to the City of Janesville. Councilmember Brunner moved to adopt
said resolution, seconded by Councilmember McDonald and passed unanimously. (File Res. No.
2010-762)
Special recognition: Action on a proposed resolution in commendation of Douglas Bleck’s thirty-
one years of service to the City of Janesville. Councilmember Brunner moved to adopt said
resolution, seconded by Councilmember McDonald and passed unanimously. (File Res. No.
2010-763)
OLD BUSINESS
1. Requests and comments from the public regarding items on the Agenda not requiring a public
hearing. Andreah Briarmoon, 339 S. Locust St., requested public comments during the study
session on financial policies (NB #2); the term “City Hall” should be used instead of “Municipal
Building”; City employee’s should wear name tags; coffee and childcare should be provided
during Council meetings and the League of Women Voter’s Candidate Forum should be held in
Council Chambers.
NEW BUSINESS
1. Action on a proposed resolution authorizing the acquisition and demolition of real property
located at 1107 Hamilton for open green space. Councilmember Rashkin moved to adopt said
resolution, seconded by Councilmember Truman and passed unanimously. Councilmember
Truman requested information on the potential use of the garage located on this site. (File
Resolution 2010-761)
2. Award of a performance contract for energy conservation and facility improvement measures
for the City of Janesville Municipal Building. Councilmember Brunner moved to award a
performance contract for energy conservation and facility improvement measures for the City of
Janesville Municipal Building to Johnson Controls in accordance with their Proposal and
Qualifications for a Comprehensive Energy Savings Performance Agreement for the City of
Janesville Municipal Building dated 12/10/2010 and that the City Manager be authorized to
negotiate the final terms and measures to be included in the contract and further to authorize staff
to direct purchase the replacement chiller identified in the proposal. The motion was seconded by
Councilmember McDonald and passed unanimously.
3. Council President Voskuil scheduled a Special Council meeting to discuss financial policies for
February 2, 2011 at 6:00 p.m. Council waived notice.
4. A proposed ordinance prohibiting the possession, sale, and use of synthetic cannabinoids was
introduced and scheduled for a public hearing on January 10, 2011. (File Ord. No. 2010-472)
5. Requests and comments from the public on matters which can be affected by Council action.
Andreah Briarmoon, 339 S. Locust St., thanked JATV-12 for their service and requested that
citizens speak from either podium in the Council Chambers.
6. Matters not on the agenda. Councilmember Brunner suggested that staff collaborate with the
City of Beloit for animal control. Councilmembers Truman and Perrotto requested information on
past and pending code violations, including any fines, levied against the property located at 173
S. Jackson St.
7. Councilmember Truman moved to adjourn, seconded by Councilmember McDonald and
passed unanimously.
There being no further business, Council adjourned at 7:32 p.m. These minutes are not official
until approved by the City Council.
Jean Ann Wulf
Clerk-Treasurer
JANESVILLE CITY COUNCIL
LICENSE AGENDA
1/10/2011
RECOMMENDED
A. AMUSEMENT DEVICE AND CENTER-ORIGINAL
Degas Dogs, LLC d/b/a Jumbo’s Pub
Brian J. Hughes 1110 Kellogg Ave
B. SIGN ERECTOR–ELECTRICIAN
Bradley R. Gould N8210 Holly Ln., Bellville, WI
James P. Rivest 5635 Town Hall Dr., Sun Prairie, WI
C. SIGN ERECTOR–ORIGINAL
Dematic Corp.
Kenton L. Lyons 507 Plymouth Ave., Grand Rapids, MI
Jacobs Signs, Inc.
Jeffery Jacobs 2189 Windsor Rd., Loves Park, IL
D. SECONDHAND JEWELRY/SECONDHAND ARTICLE/PAWNBROKER-RENEWALS FOR THE 2011
LICENSE YEAR
Sterling, Inc.
Kay Jewelers #163 2500 Milton Ave.
Sterling, Inc.
JB Robinson #2180 2500 Milton Ave.
E. ORIGINAL CLASS B INTOXICATING LIQUOR AND FERMENTED MALT BEVERAGE LICENSE
Degas Dogs, LLC d/b/a Jumbo’s Pub
Brian J. Hughes 1110 Kellogg Ave
Community Development Department Memorandum
Date: December 29, 2010
TO: Janesville City Council
FROM: Gale S. Price, AICP, Building & Development Services Manager
SUBJECT: Second reading, public hearing, and action on a proposed ordinance
amending Chapter 14 (Signs) of the Code of General Ordinances of the
City of Janesville with regard to on-premise wall signs in Sign District D
and the designation of street frontages for allowing such signs (File
Ordinance No. 2010-468)
_____________________________________________________________________
SUMMARY
The Community Development Department has drafted an amendment to the Sign
Ordinance which is Chapter 14 of the Code of General Ordinances to allow wall signs
on the rear of a building in certain situations in Sign District D, which is the Downtown
sign district area. Currently the Ordinance only allows rear wall signs along the
Downtown Parking Plaza. The proposed ordinance would allow rear wall signage along
the riverfront walkway between Centerway and Racine Street. Staff believes that the
proposed sign ordinance amendment advances the recommendations of the
Comprehensive Plan and the Downtown Vision and strategy by allowing signage to face
the Rock River for businesses that back up to the riverfront walkway.
DEPARTMENT RECOMMENDATION
The Community Development Department recommends that following the closure of the
public hearing, the City Council support a motion to adopt Ordinance No. 2010-468
amending Chapter 14 (Signs) of the Code of General Ordinances of the City of
Janesville with regard to on-premise wall signs in Sign District D and the designation of
street frontages for allowing such signs.
CITY MANAGER RECOMMENDATION
The City Manager concurs with the Plan Commission and Community Development
Department recommendation.
SUGGESTED MOTION
Motion to adopt Ordinance No. 2010-468 amending Chapter 14 (Signs) of the Code of
General Ordinances of the City of Janesville with regard to on-premise wall signs in
Sign District D and the designation of street frontages for allowing such signs.
ANALYSIS
A. The existing Sign Ordinance generally prohibits locating signs on the rear walls
of commercial properties that do not face a public street, in all sign districts. This
was generally done to prevent the over signing of commercial properties and to
diminish the likelihood that signage would be placed on a commercial building
that would negatively affect a residential property which in many cases would be
located at the rear of a commercial property. Such signs can detract
aesthetically when a transition between land use activities is intended to be
achieved.
B. The Sign Ordinance currently has one exception to the prohibition of rear wall
signs, which is specifically permitted in Sign District D (downtown sign district)
and allows wall signs on a rear wall for those properties facing the Downtown
Parking Plaza. Signs are allowed to face the plaza since it is anticipated that
many customers would park on the Plaza and walk to their destination through a
rear door. Without signage the customer does not often know where to enter the
business they wish to patronize.
C. Staff was recently approached by a downtown tavern owner who constructed a
patio/deck area to their facility which overlooks the Rock River. The owner
wanted to erect an awning on the rear portion of the deck that had been
constructed, but the graphics on the awning exceed 25 percent of the face of the
awning, which would classify the awning as a sign and therefore be prohibited
because the Sign Ordinance would not permit a wall sign on the rear of the
tavern.
D. Both the Comprehensive Plan and the Downtown Vision and Strategy Plan
include policies and recommendations to promote connection to the river and
make improvements to businesses facing the river. Specifically the
Comprehensive Plan states that the City should “showcase the Rock River
through encouraging development of commercial and entertainment uses with
frontage on or views of the River in appropriate locations”. The Downtown Vision
recommends “rear façade renovations with improvements oriented to the Rock
River”. The development of the patio facing the river at the rear of the tavern is
consistent with both of these plan recommendations. Signage for these
businesses is an important component of orienting facades towards the river
activity.
E. The proposed amendment would allow signage along the downtown riverfront
walkway between Centerway and Racine Street only since this is generally
where businesses will be facing the Rock River and where pedestrian activity is
anticipated in the near term. The amendment will not increase signage for a
building but allow additional signage on the rear facing the Rock River. The
signage for the structure is based on 2.5 square feet of signage for each linear
foot of building frontage. The code allows the signage to be spread out over the
building, but historically has not permitted the signage on the rear. After approval
the overall square footage could be spread on all facades for buildings fronting
on the river.
COMPARABLE CITIES
In relation to the comparable cities, Janesville is the only city to prohibit rear wall
signage on commercial buildings. All other sign codes for the comparable cities allow
signage to be placed on a rear wall elevation. Although Janesville is unique to prohibit
the rear wall signage, Staff is reluctant to completely repeal the ban. Staff believes it is
reasonable to reduce the restriction along the riverfront walkway only and to allow
signage in this area only along the rear walls of commercial buildings.
PLAN COMMISSION MINUTES – 20 DECEMBER 2010
Public Hearing, Amendment to Chapter 14 (Signs) of the Code of General Ordinances
of the City of Janesville with regard to on-premise wall signs in Sign District D and the
designation of street frontages for allowing such signs.
Gale Price, Building & Development Services Manager, presented the written staff
report.
Commissioner Helgerson asked if the amendment would have any effect on public art
such as the artwork that has been placed on properties along the river. Price indicated
that there is a distinction between commercial advertising/messages and art work. He
added that art work doesn’t normally contain commercial messages, copyrights or
registered trademarks so staff has the discretion to work with property owners regarding
art work. There are future plans for art work near the library along the river.
Commissioner Werner asked if there was an opportunity for these signs to be permitted
through the conditional use permit process. Price answered that the ordinance was
currently drafted in a way that did not require conditional use permit approval because
staff felt that requests needed to be considered as a matter of right since there are
policies in both the Comprehensive Plan and Downtown Vision & Strategy promoting
this type of signage. He continued that staff felt adding an additional level of review
wasn’t necessary because there were other provisions (such as overall sign area
limitations) that will help in regulating the signs.
Chairperson Zolidis asked if there was anything in the works to regulate the design of
the signs and Price stated that no specific design criteria was being proposed but that
there was a movement to implement a Downtown Historic Overlay District that, if
approved, would require anything exterior requiring a building permit to be reviewed by
the Historic Commission. The Downtown Historic Overlay District, therefore, would give
the Historic Commission authority to review any sign proposals within that overlay
boundary.
The public hearing was opened and no one appeared to speak regarding this item.
The public hearing was closed.
There was a motion by Commissioner Helgerson with a second by Commissioner
Hanewold to forward the proposed ordinance amendment to the City Council with a
favorable recommendation.
The motion carried on a 6-0-0 vote.
FISCAL IMPACT
Staff anticipates no fiscal impact with regards to the code amendment. The processing
of additional sign permits is anticipated to be limited due to the limited area affected by
the code amendment.
ORDINANCE NO. 2010-468
An ordinance amending the City’s Sign Code with regard to on premise wall signs in Sign
District D and the designation of street frontages for allowing such signs as set forth in JGO
Chapter 14, with penalties for violations thereof as set forth as applicable in JGO 14.48.050.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I.
Section 14.28.120 of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
“14.28.120 District D--On-premises signs permitted
. In sign overlay district
D, the following on-premises signs are permitted:
A
. One freestanding ground sign may be permitted for each parcel of land,
provided sufficient setback from the street right-of-way is provided so as not to cause
encroachment into the right-of-way.
1
. Such ground sign shall not extend above a total height of twenty
feet above grade.
2
. The maximum area of any ground sign shall not exceed
seventy-five square feet per face.
B
. One under-canopy sign per business occupancy may be permitted,
provided each sign shall not exceed ten square feet in area and shall have a clearance
of nine feet between the bottom of the sign and the ground beneath it. Under-canopy
signs may only be placed above pedestrian walks.
C
. One wall sign may be permitted for each street frontage or each separate
business occupancy. For the purposes of this chapter, the downtown parking plaza and
the riverfront public walkway between Centerway and West Racine Street shall be
considered a street frontage. Such signs comply with the following regulations:
1
. The maximum area of all wall signs shall not exceed an area equal
to two and one-half square feet for each lineal front foot of building or that portion of a
building devoted to a business occupancy.
2.
Such signs shall not extend above the roof line.
3
. No wall sign shall be positioned on the building elevation facing a
non-street rear lot line of the parcel upon which the building is located, except where
such building adjoins the downtown parking plaza or the riverfront public walkway
between Centerway and West Racine Street.
4.
No wall sign shall be positioned on a building elevation directly
adjoining a residential zone district.
1
SECTION II.
This ordinance shall take effect immediately upon adoption by the Common
Council, the public health, welfare, peace, tranquility, good order, public benefit, and police
power so requiring.
ADOPTED: Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Absent
Pass
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
2
ADMINISTRATIVE SERVICES MEMORANDUM
January 5, 2011
TO: City Council
FROM: Jacob J. Winzenz, Dir. of Admin. Services/Assistant City Manager
SUBJECT: Second Reading, Public Hearing and Action on a Proposed Ordinance
Prohibiting the Possession, Sale, and Use of Synthetic Cannabinoids (File
Ordinance 2010-472)
File Ordinance 2010-472 prohibiting the possession, sale, and use of synthetic
cannabinoids was introduced at the City Council meeting on December 27, 2010, and
th
scheduled for a public hearing on January 10, 2011. At the meeting on December 27
there were 2 issues raised that required additional research:
Councilmember McDonald requested a definition of “adult” versus “child”.
Councilmember Rashkin requested documentation to support the assertions in
the memorandum that synthetic cannabinoids are harmful.
It was the last request that required a certain amount of additional research. This
research was hampered by the holidays and the unavailability of persons outside of our
organization. Some of the documentation arrived as late as today. Therefore, we have
decided to delay action on the proposed ordinance until January 24, 2011. Since the
Public Hearing was scheduled and noticed, the Council President should:
th
Read the item and announce that there will be no action until January 24.
Open the public hearing and allow individuals to speak.
When there are no more speakers, continue the public hearing until January 24,
2011.
Community Development Department Memorandum
Date: January 10, 2011
TO: Janesville City Council
FROM: Brad Schmidt, AICP, Associate Planner
SUBJECT: Second reading, public hearing and action on a proposed ordinance
annexing property located at 2609 South Highway 51(File Ordinance No.
2010-469); and
Second reading, public hearing, and action on a proposed ordinance
annexing and zoning to B2 property located at 2609 South Highway 51
(File Ordinance No. 2010-470).
SUMMARY
The City has received a request from Jayson Duffy, owner of Jay’s Big Rolls, Inc.
located at 2609 South U.S. Highway 51 to annex approximately 0.84 acres of land to
the City. The applicant would like to connect to municipal sewer and water facilities
which are currently located within street right-of-way adjoining the property. The
annexation also includes 0.3 acres of land containing the right-of-way for South U.S.
Highway 51. Upon annexation, the applicant requests that the property be zoned B2 –
Community Shopping District. Following annexation, the owner intends to construct a
small building addition containing office and restroom facilities for the business.
DEPARTMENT RECOMMENDATION
The Plan Commission and Community Development Department recommend that
following a public hearing, the City Council support a motion to adopt Ordinance Nos.
2010-469 and 2010-470 annexing and zoning to B2 property located at 2609 South
Highway 51.
CITY MANAGER RECOMMENDATION
The City Manager recommends approval.
SUGGESTED MOTION
A motion to adopt Ordinance Nos. 2010-469 and 2010-470 annexing and zoning to B2
property located at 2609 South Highway 51.
ANALYSIS
A. The subject site includes two warehouse buildings situated on a 0.84 acre parcel.
The buildings were originally constructed for cold storage use without sewer or water
service. The warehouse buildings are 3,840 square feet and 4,800 square feet in
size. The owner proposes to construct a small building addition that will include
office and restroom facilities for the business. Municipal sewer and water services
can be provided by connection to mains that were previously installed along the
frontage of the property. The site is contiguous to the City Limits along the north
property line.
B. The site is located in an area of mixed commercial, residential and agricultural
zoning. Property to the east includes agriculture land located in the Town of Rock.
Properties to the west and south include commercial uses. Surrounding land uses
north of the subject property are located within City Limits and include commercial
and residential development. All existing commercial development in the City to the
north is zoned B2 along the Center Avenue corridor. The Comprehensive Plan
recommends a continuation of this type of land use activity and intensity of
development as the corridor expands to the south. Therefore, staff is recommending
the property to be zone B2 – Community Shopping District upon annexation.
C. The Future Land Use designation shown on the Comprehensive Plan identifies the
site as appropriate for Planned Mixed Use. This future land use designation is
intended to allow for a variety of commercial retail and service uses. Application of
the B2 District is consistent with intent of the Planned Mixed Use - Future Land Use
designation.
D. The annexation area is within the City’s urban service limits. Sewer and water
mains have already been extended to serve the subject property and are located in
the street right-of-way adjoining the site. The proposed office addition and utility
service extensions are being coordinated with City Staff to ensure compliance with
City Code and review procedures.
PLAN COMMISSION MINUTES – 3 JANUARY 2011
Brad Schmidt presented the written staff report. There were no questions of Staff.
The public hearing was opened and the following persons appeared to speak regarding this
item:
Bob Kerman, 2807 Center Avenue , owner of Bobbleheads, asked if there was a charge to
hook into the city sewer or if it had been waived for Jay’s Big Rolls. Cherek responded that
there would be special assessments incurred to connect to existing sewer and water mains
located along the frontage of the property. Those costs are based on special assessment
rates that were in place in the year that the service mains were installed. Kerman indicated
that he would like to hook up to city sewer and he wondered if there was any way that the
assessments could be waived. Cherek responded that assessments for connections to
properties such as this are based on the City’s special assessment policy and that Mr.
Kerman should contact the Engineering Department to further inquire about the cost of
assessments for his property.
The public hearing was closed.
There was a motion by Commissioner Perrotto with a second by Commissioner Werner to
forward the zoning upon annexation to the City Council with a favorable recommendation.
The motion carried on a 5-0-0 vote.
FISCAL IMPACT
The applicant intends to construct a small addition to a cold storage warehouse to
provide offices and restroom facilities. Sewer and water lines are currently located
within the U.S. Highway 51 right-of-way adjoining the site. Annexation of this property
will allow the City to recapture those assessment and installation costs that have been
deferred against the property for those utilities. When the office addition is constructed
on the property, the City will collect property taxes on the value added. Thus, the
proposed annexation will provide a minor positive impact for the City.
cc: Eric Levitt
Jay Winzenz
Duane Cherek
ORDINANCE NO. 2010-469
An ordinance annexing territory in Section 13 in T.2N., R.12E. of the 4th P.M., Town of
Rock, Rock County, Wisconsin.
WHEREAS
, a petition signed by the owner of the land within such territory proposed to be
annexed has been filed with the City Clerk; and
WHEREAS
, there are no electors residing in the territory; and
WHEREAS
, the necessary notices have been duly prepared, provided and served as required
by law to all persons affected; and
WHEREAS
, this ordinance does not contain temporary zoning; and
WHEREAS
, the Department of Administration has not found the proposed annexation to be
against the public interest; and
WHEREAS
, the Common Council has determined that this annexation is in the public interest.
NOW THEREFORE THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN
AS FOLLOWS:
SECTION I.
The territory described as follows is hereby attached to the City of Janesville.
th
Part of the Northwest ¼ of Section 13, Township 2 North, Range 12 East of the 4 P.M., Town
of Rock, County of Rock and State of Wisconsin, described as follows: Commencing on the
North line of said Section 13 extended West to the center of U.S. Highway 51; thence South,
along the center of said U.S. Highway 51, 18 rods; thence East, parallel with the North line of
said Section, 18 rods; thence North, parallel with the center of said U.S. Highway 51, 18 rods to
the North line of said section; thence West, along the North line of said section, to the center of
said U.S. Highway 51 and the place of beginning; excepting therefrom, that part of thereof taken
for U.S. Highway 51; further excepting therefrom, the South ½ thereof, conveyed by Warranty
Deed dated October 3, 1961, recorded October 5, 1961, in Volume 27 of Records, on Page
138, in the office of the Register of Deeds for Rock County, Wisconsin. Contains approximately
.84 acres.
Also including the right-of-way for U.S. Highway 51 described as follows: Commencing at the
Northeast corner said Section 13, East along North line said Section to the East ROW line State
Highway 51, 43 ft m/l; thence south along said ROW line 150 ft m/l; thence West and parallel
North line said Section to the West ROW line State Highway 51, 86 feet m/l; thence North along
said ROW line to the North line Section 13, 150 ft m/l, thence East along said North line to the
Northeast corner said section, also being the point of beginning, 43 ft m/l. Contains
approximately 0.3 acres.
SECTION II.
After this annexation becomes effective, the above described property shall be
exempt from and not subject to further taxation and assessments in the Town of Rock and
thence forth shall be subject to taxation and assessment as part of the City of Janesville for any
and all purpose provided by law.
ORDINANCE NO. 2010-469
PAGE 2
SECTION III.
All the territory attached by this ordinance is hereby made part of Ward 32 of the
City of Janesville.
SECTION IV.
There are no residents in the area proposed for annexation.
SECTION V.
The annexation is within the Janesville School District.
SECTION VI.
This ordinance shall take effect immediately upon adoption by the Common
Council, the public health, welfare, peace, tranquility, good order, public benefit, and police
power so requiring.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
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
ORDINANCE NO. 2010-470
An ordinance changing and establishing the zoning classification of property located at
2609 South U.S. Highway 51.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I. The zoning classification of the following described property is established
as B2, Community Shopping District:
th
Part of the Northwest ¼ of Section 13, Township 2 North, Range 12 East of the 4 P.M., Town
of Rock, County of Rock and State of Wisconsin, described as follows: Commencing on the
North line of said Section 13 extended West to the center of U.S. Highway 51; thence South,
along the center of said U.S. Highway 51, 18 rods; thence East, parallel with the North line of
said Section, 18 rods; thence North, parallel with the center of said U.S. Highway 51, 18 rods to
the North line of said section; thence West, along the North line of said section, to the center of
said U.S. Highway 51 and the place of beginning; excepting therefrom, that part of thereof taken
for U.S. Highway 51; further excepting therefrom, the South ½ thereof, conveyed by Warranty
Deed dated October 3, 1961, recorded October 5, 1961, in Volume 27 of Records, on Page
138, in the office of the Register of Deeds for Rock County, Wisconsin. Contains approximately
.84 acres.
Also including the right-of-way for U.S. Highway 51 described as follows: Commencing at the
Northeast corner said Section 13, East along North line said Section to the East ROW line State
Highway 51, 43 ft m/l; thence south along said ROW line 150 ft m/l; thence West and parallel
North line said Section to the West ROW line State Highway 51, 86 feet m/l; thence North along
said ROW line to the North line Section 13, 150 ft m/l, thence East along said North line to the
Northeast corner said section, also being the point of beginning, 43 ft m/l. Contains
approximately 0.3 acres.
SECTION II.
This ordinance shall take effect immediately upon adoption by the Common
Council, the public health, welfare, peace, tranquility, good order, public benefit, and police
power so requiring.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
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
Proposed by: Community Development Department
Prepared by: Community Development Department
CITY MANAGER’S MEMORANDUM
December 22, 2010
TO: City Council
FROM: Eric J. Levitt
SUBJECT: Committee Appointments
Request
I request the Council confirm the appointments of the Council President.
Recommendation
No recommendation.
Motion
I move to confirm the appointments of the Council President.
Summary
Recently the Citizens Advisory Committee on Appointments met to make their
recommendations for citizen nominees for two mid-term vacancies. Please find below their
Council President Voskuil is appointing those recommended by the
recommendations.
Committee.
Application forms for those recommended by the Committee, a listing of all
citizens that volunteered and the unapproved minutes of the Committee’s meeting are
included for your reference.
Eligibility
To be eligible for an appointment to a committee, individuals must be a resident of the City of
Janesville and have interest or knowledge in the committee’s subject matter. Volunteers
should also be available to meet at the committee’s usual meeting time.
Recommendations for Council President Appointments (confirmed by entire Council)
Council President Voskuil is appointing those recommended by the Committee.
Sustainable Janesville – 2 vacancies
Sue Conley and Robert Douglas
The Appointment Committee recommends fill the voting
member vacancies.
Attachments
CC: Jacob J. Winzenz, Assistant City Manager/Administrative Services Director
RS, Page 1
Fact Sheet for Sustainable Janesville Committee
Purpose
The committee’s purpose is to advise the City Administration and the City Council on
issues of sustainability.
Vacancies
2vacancies(terms expire in 2011)
Eligibility to Serve
To be eligible for an appointment to a committee, individuals must be a resident of the
City of Janesville and have interest or knowledge in the committee’s subject matter.
Volunteers should also be available to meet at the committee’s usual meeting time.
Current Members
NameAddressOccupation
Julie Backenkeller 719 North Grant AvenueVice President of Package Pro
Kevin Bishop1602 Liberty LaneFME Assembler
Holly Griffin(resigned 4710 Twelve Oaks Drive;
10/17/10)
MiltonRetired
Ann Hyzer110 Seminole RoadFull-timemother; volunteer
Frank Perrotto 4512 East Milwaukee
(Councilmember)Street
Allison Rollette976 Industrial CourtUnemployed
JP Cullen –VP estimating: corp.
Daniel Swanson 303 South Parker Drivework procurement
Walter WalkerRetired Prent Corporation Chief
(resigned 11/15/10)4451 Red Oak DriveOperating Officer
Volunteers
NameAddressOccupation
Phil Blazkowski1118 Grace CourtRetired –Community Planner
Gary Carr4065 Tripp RoadRetired –United Technologies
Community Foundation of
Southern Wisconsin –
Sue Conley202 Hillside CourtExecutive Director
5343 Harmony Townhall Rock County Public Works –
Road (out of city limits)
Gina CookNatural Resource Advisor
Debi Doiel (appointed
to Golf Course United Greenhouse Systems –
Advisory Committee)
607 North Garfield AvenueAccounting/Office Manager
Robert Douglas1923 Eastwood AvenueRetired Engineer
RS, Page 2
NameAddressOccupation
329 South Wisconsin Retired –Consultant in
Annette DuCharmeStreetEminent Domain Real Estate
Kim Dyble1006 SentinelDriveUnemployed –Homemaker
Munir Hanna1248 East Memorial DriveSemi retired
Center for Natural Medicine –
Hannah Hollingsworth315 South Fremont StreetClinic Manager
Laborer’s Local 464 –
Travis Hutter114 Westridge RoadConstruction Laborer
Francis James
(appointed to Leisure
Services Advisory
Committee)1158 Richardson StreetRetired
Blackhawk Technical College
Rubina Jan1051 Nantucket Drive–Instructor
Bill Jass (appointed to
Leisure Services Con-WayFreight –
Advisory Committee)
2329 Elizabeth StreetDriver/salesperson
1402 South Willard
Jeff KeenaAvenueRath Gibson –steel mill
Kinnikinnick School District –
th
Teaches 8Grade Applied
Amy Reimer-Ullom4242 Hoya LaneScience
Retired from Janesville Fire
Mike Rundle4109 Orion DriveDepartment
City of Janesville Parks
Scott Schilling4208 Valencia DriveEmployee
Jill Shapiro (1 st
alternate previously
chosen by
AppointmentAdvisory
Committee)(Shapiro
asked to be removed
from consideration
on 6/14/10)
General Manager –Hampton
David Siker4115 Eastridge DriveInn
Sales Manager –Amwood
Kyle Singles1532 Honeysuckle LaneHomes
Diane Van Horn1212 Bennett StreetSelf Employed
The applicants below indicated on their Committee Member Application Form a desire to serve on “Any
Committee”.
Travis HutterJeff KeenaDavid SikerKyle Singles
(Debi Doiel, Francis James and Bill Jass indicated on their Committee Member Application Form a desire
to serve on “Any Committee” but were appointed to a committee earlier this year.)
Record of Citizen Advisory Committee on Appointments
December 8, 2010
Page 1
Meeting of the City of Janesville Citizen Advisory Committee on Appointments held in the Municipal
Building firstfloorconference roomon December 8, 2010.
Committee Members Present:Ron Combs, Judith Detert-Moriarity, David Riemer, and Mary Willmer-
Sheedy
Committee Members Absent:Shena Kohler and Larry Squire
Staff Present: Rebecca Smith, Eric Levitt
Agenda Items
Roll Call
The meeting began at approximately 1:56PMwith Combs, Detert-Moriarity, Riemer and Willmer-
Sheedypresent.
Approval of October7, 2010meeting minutes
Riemer motioned approval of the minutes. Combsseconded the motion and the vote was 4-0-0 in
favor.
Selection of recommended nominees for the following Boards, Commissions and
Committees:
Sustainable Janesville Committee
As the Committee discussed the various candidates the Committee questioned whether non-
residents can serve on city committees. Smith explained that traditionally and historically only city
residents have served on committees; however, there is no official ordinance or policy on the subject
of residency. The Committee asked staff to follow up with the City Council to obtain a policy
statement regarding residency so that the Committee can be clear on whether they should examine
non-resident applications.
Following committee discussion, Combs motioned to recommend Sue Conley fill the voting member
vacancy.Riemer seconded the motion and the vote was 4-0-0 in favor.
Following committee discussion, Detert-Moriarity motioned to recommend Robert Douglas fill the
voting member vacancy. Combs seconded the motion and the vote was 4-0-0 in favor.
Riemer motioned to recommend Amy Reimer-Ullom if Sue Conley or Robert Douglas are not able to
accept the appointment. Detert-Moriarity seconded the motion and the vote was 4-0-0 infavor.
Discussion regarding diversity of committees
Eric Levitt shared that he was asked by a member of a different city committee what actions the
Citizen Advisory Committee on Appointmentscan take to diversify all of Janesville’s committees. As
this topic was discussed, the committee through consensus decided that when the City advertises
vacancies, staff should get information to the library and to organizations that deal with either interest
or ethnic diversity as a way encourage citizens from throughout the community to volunteer to serve
on a city committee.
Record of Citizen Advisory Committee on Appointments
December 8, 2010
Page 2
Willmer-Sheedysuggested staff and committee members go on the local radio show to share
information about city committees and how to apply for a committee eachspring.
The meeting was adjourned at approximately 2:35PM.
These minutes are not official until approved by the Citizen Advisory Committee on Appointments.
Rebecca Smith, Management Assistant
CLERK-TREASURER’S OFFICE MEMORANDUM
December 31, 2010
TO: City Council
FROM: Jean Ann Wulf, City Clerk-Treasurer
SUBJECT: Action on a proposed resolution authorizing the City manager to
sell property located at 3115 Rockport Park Drive. (File Res
2010-765)
Staff Recommendation
Staff recommends that the City Council support a motion to approve File
resolution 2010-765 which authorizes the City Manager or his designee to
proceed with the sale of surplus property located at 3115 Rockport Park Drive.
City Manager Recommendation
The City Manager requests approval.
Suggested Motion
A motion to approve File Resolution 2010-765 which authorizes the City Manager
to proceed with the sale of surplus property located at 3115 Rockport Park Drive
for $16,000 to James and Jamie Austin.
Background
The City was noticed by Rock County that 9 lots in the Hickory Ridge Subdivision
were going on the Rock County Tax Lien foreclosure sale. The developer of
these lots did not pay the property taxes nor the special assessments. The City
had invested $126,974 in special assessments in these lots. By Council
direction, staff bid on 8 lots and did not bid on the out lot. The auction bids did
not reach the maximum bid amount set by the Council and the City purchased 8
lots at a cost of $79,500. Of that amount, we received back $58,307 in special
assessments and Rock County retained $21,193 for back taxes and foreclosing
costs. The City now has a total of $155,808 invested in these lots which includes
the special assessments, back taxes, foreclosing costs and the 2010 property
taxes.
Analysis
A. The City of Janesville acquired the lot located at 3115 Rockport Park Drive
in October 2010 through the Rock County Tax Lien foreclosure sale. The
purchase price was $5,250 and the City received $3,818 from Rock
County for our special assessments levied against the property. To date,
the City has a total of $15,443 invested in this lot. The City used 2010
note proceeds for property acquisition to acquire the lot.
B. The subject site was a improved lot in the Hickory Ridge subdivision. The
property is approximately 0.53 acres and has an assessed land value of
$30,200.
C. At the auction, staff was the only bidder for the property located at 3115
Rockport Park Drive.
D. We received an offer to purchase from James and Jamie Austin in the
amount of $16,000 for this lot.
E. The $16,000 bid would pay off the remaining special assessment principal
($9,398), pay the actual 2010 taxes ($796), repay the property acquisition
account ($5,250), and provide a net gain of $556 to the property
acquisition account.
cc: Jacob Winzenz, Director of Administrative Services
Eric Levitt, City Manager
RESOLUTION NO. 2011 – 765
A resolution authorizing the City Manager to proceed with the sale of surplus property located at
3115 Rockport Park Drive.
WHEREAS, the City of Janesville owns the real property located at 3115 Rockport Park Drive with the
parcel number of 0403300029; and
WHEREAS, The City of Janesville acquired the property located at 3115 Rockport Park Drive in October
2010 though the Rock County Tax Lien program with Property Acquisition Funds in the amount of $5,250;
and
WHEREAS, the proceeds from the sale of this property will be returned to the Property Acquisition Fund
to satisfy all costs incurred and the Special Assessment Fund to satisfy all outstanding assessments; and
WHEREAS, this property is now surplus and no longer needed for any public purpose; and
WHEREAS, the City of Janesville has negotiated an agreement to sell the property to James and Jamie
Austin in the amount of $16,000.00; and
WHEREAS, the sale of this surplus property is in the best interest of and benefit to the City and
community; and
NOW THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL of the City of Janesville that the
City Manager and others on his behalf are authorized to sell and convey this parcel of surplus property to
James and Jamie Austin for $16,000.00 on behalf of the City of Janesville; and to negotiate and execute
such documents, papers, and forms as the City Manager may, from time to time, determine necessary
and/or desirable to effectuate this transaction and the intent of this Resolution; and
BE IT FURTHER RESOLVED that the City Manager and his designee(s) are hereby authorized to take
whatever other actions and to make whatever other changes that may be necessary and/or desirable to
effectuate this land transaction.
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:
Tim Wellnitz, Assistant City Attorney
Proposed by: Clerk-Treasurer’s Office
Prepared by: Clerk-Treasurer’s Office
Community Development Department Memorandum
Date: December 28, 2010
TO: Janesville City Council
FROM: Vicky Miller, Development Specialist
SUBJECT: Introduce 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. 2011-473).
_____________________________________________________________________
The attached ordinance amending the City’s Zoning and Building Regulations for the
construction of detached structures and setbacks as set forth in the City of Janesville
Code of General Ordinance Chapters 15 and 18 was previously adopted by the City
Council on September 27, 2010 as Ordinance No. 2010-459. Following this action, the
City Clerk discovered that the Janesville Gazette did not publish a Class 2 notice
advertising the public hearing before Council on this item. State Statutes require a
Class 2 notice be published for zoning ordinance amendments. Therefore, proper
Class 2 notices must be published and a public hearing rescheduled for City Council
review and adoption of the new ordinance.
The Community Development Department recommends that following the first reading
of Ordinance No. 2011-473 it be scheduled for public hearing on January 24, 2011.
cc: Duane Cherek
Eric Levitt
Jay Winzenz
ORDINANCE NO. 20110- 47359
Formatted: Indent: First line: 0"
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
1
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 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 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.”
3
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.”
4
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
C. One 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
A. Accessory 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.)”
“H. Garage - 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 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 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.
9
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
11