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Full Agenda Packet CITY OF JANESVILLE CITY COUNCIL MEETING AGENDA MONDAY, January 24, 2011 7:00 P.M. 1. Call to Order and Pledge of Allegiance. 2. Roll Call. 3. Regular City Council meeting minutes of January 10, 2011. “C” 4. Licenses; and Recommendations of the Alcohol License Advisory Committee. (Refer to separate agenda.) “C” 5. Authorization for the Administration to deny a liability claim from Geico Insurance Company (insured Lynnea Kaminski) in the amount of $6,458.27. “C” 6. Authorization for the Administration to deny a liability claim from John J. Barry in the amount of $50,000. “C” 7. Special recognition: Action on a proposed resolution in commendation of Cliff Carlson’s service to the City of Janesville. (File Res. No. 2011-767) 8. Recognize 2010 City Employees of the Year. 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 for a comprehensive text amendment to change the Zoning and Building Codes with regard to detached structures. (File Ord. No. 2011-473) 3. Action on a proposed ordinance annexing property located at 2609 South U.S. Highway 51. (File Ord. No. 2010-469) 4. 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 24, 2011 Page 2 NEW BUSINESS 1. Information update by Janesville Patriotic Society for Veteran’s Memorial Plaza expansion at Traxler Park. 2. Update and City Council direction on development of a special event fee waiver policy. 3. Action on a proposed resolution authorizing the acquisition of land from Naatz Family Trust adjoining the bicycle and pedestrian trial east of North Wright Road. (File Res. No. 2011-766) 4. Action on a proposed resolution authorizing the acquisition and demolition of property located at 513 Linn Street. (File Res. No. 2011-768) 5. Action on a proposed City Council policy establishing residency requirements for members of City committees (Council Policy No. 85). 6. Confirm Council President appointment to the Alcohol License Advisory Committee. 7. Introduce, refer to Plan Commission and schedule a public hearing on a proposed ordinance amending the City of Janesville Subdivision Ordinance to change time limit requirements for plats. (File Ord. No. 2011-474) 8. Requests and comments from the public on matters which can be affected by Council action. 9. Matters not on the Agenda. 10. 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 JANUARY 10, 2011 VOL. 62 NO. 28 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on January 10, 2011. 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, Rashkin and Steeber. Absent: Councilmembers McDonald and Truman. CONSENT AGENDA Regular City Council meeting minutes of December 27, 2010. Licenses; and Recommendations of the Alcohol License Advisory. Council President Voskuil stated that all items on the consent agenda would be approved as recommended if there were no objections. There were none. A moment of silence was observed for the victims of the Arizona shootings. 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., suggested that a private attorney should be hired to write ordinances rather than the City Attorney, newly appointed committee members be introduced at the Council meeting and that all council information be put on the City website. 2. 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 received its second reading and public hearing. Andreah Briarmoon, 339 S Locust St., suggested any variances to the ordinance should be approved or denied by a citizen committee. The public hearing was closed. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Rashkin and passed by the following vote: Aye: Brunner, Rashkin, Steeber, and Voskuil. Nay: Perrotto. (File Ord. No. 2010-468) 3. A proposed ordinance prohibiting the possession, sale and use of synthetic cannabinoids received its second reading and public hearing. Andreah Briarmoon, 339 S. Locust St., and Ms. Doering, 2717 Shaller St., spoke against the ordinance. Council President Voskuil moved to continue the public hearing to January 24, 2011, seconded by Councilmember Rashkin and failed by the following vote: Aye: Rashkin and Voskuil. Nay: Perotto and Steeber. Pass: Brunner. The public hearing was closed. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Perrotto and passed unanimously (Revised File Ord. No. 2010-472) Councilmember Steeber left the meeting at 8:04 p.m. Council President Voskuil combined action on Old Business Items #4 and #5. 4. & 5. Action on proposed ordinances annexing property located at 2609 South U.S. Highway 51 (2010-469), and zoning to B2 property located at 2609 South U.S. Highway 51 (2010-470) received their second reading and public hearing. No one spoke. The public hearing was closed. Councilmember Brunner moved to adopted said ordinances, seconded by Councilmember Rashkin and passed unanimously. The City Attorney stated that annexations require five affirmative votes so the vote is considered invalid. Council President postponed action on the proposed ordinances until the January 24, 2011 Council Meeting. (File Ord. Nos. 2010-469 and 2010-470) NEW BUSINESS 1. Motion to approve Council President recommended appointments to the Sustainable Janesville Committee. Councilmember Rashkin moved to approve the appointment of Sue Conley and Robert Douglas, seconded by Councilmember Perrotto and passed unanimously. 2. Action on a proposed resolution authorizing the City Manager to sell property located at 3115 Rockport Park Drive. Councilmember Rashkin moved to adopt said resolution, seconded by Councilmember Brunner and passed unanimously. (File Res. No. 2011-765) 3. A proposed ordinance for a comprehensive text amendment to change the Zoning and Building Codes with regard to detached structures was introduced and scheduled for a public hearing on January 24, 2011. (File Ord. No. 2011-473) 4. Requests and comments from the public on matters which can be affected by Council action. Jack Herndon, representing Redneck Fest, informed the Council that the event will be expanded to two days in 2011. Andreah Briarmoon, 339 S. Locust St., stated that presentations be given before public hearings and that it was improper to have voted on cannabinoids when it was recommended to be postponed. 5. Matters not on the Agenda. Councilmember Perrotto requested that the Council review the Special Assessment Policy in the near future. Councilmember Brunner attended “Listen to the Drum Beat” honoring Dr. Martin Luther King Jr. and thought it tremendous. He also attended the City Holiday party where three employees were named Employee of the Year and praised all dedicated employees. Council President Voskuil read a letter complimenting City Services on their snow removal efforts. Eric Levitt, City Manager, stated that citizens should feel safe at public meetings and that people should disagree civilly. 6. Motion to adjourn. Councilmember Brunner moved to adjourn, seconded by Councilmember Perrotto and passed unanimously. There being no further business, Council adjourned at 8:35 p.m. Jean Ann Wulf Clerk-Treasurer JANESVILLE CITY COUNCIL LICENSE AGENDA 1/24/2011 RECOMMENDED A. ELECTRICIAN–ORIGINAL Leslie E. Ballwig 6900 Pope Rd., Mazomanie, WI B. SIGN ERECTOR–ORIGINAL H&H Signs Stevan R. Hutchison 2217 Huebbe Pkwy., Beloit, WI ADMINISTRATIVE SERVICES MEMORANDUM January 7, 2011 TO: City Council FROM: Tim Wellnitz, Assistant City Attorney SUBJECT: Authorization for the Administration to Deny a Liability Claim from Geico Insurance Company (Insured Lynnea Kaminski) in the Amount of $6,458.27 On September 21, 2010, a single vehicle traffic accident occurred when a vehicle owned and being driven by Lynnea Kaminski left the roadway on West State Street near South Arch Street in the City of Janesville, Wisconsin and collided with an Alliant Energy utility pole. On November 12, 2010, we received a claim from Geico Insurance Company for property damage to Ms. Kaminski’s personal vehicle in the amount of $6,458.27. The claim alleges that Ms. Kaminski struck a pothole, which caused her to lose control of the vehicle. Our investigation determined that it was not a pothole in the road, but in fact a manhole cover that was off due to a heavy rainstorm. After investigating this incident, and with the concurrence of the City’s Insurance Claims Representative at Cities & Villages Mutual Insurance Company (CVMIC), it has been determined that the City should deny this claim. Resolution 89-1175, establishing our claims administration procedure, states in section 4.3a: The City Claims Administrator shall review, investigate, verify and within ninety (90) days of receiving such claim, prepare and forward a written recommendation to the Common Council for its review, consideration, and action each and every claim in face amount greater than Five Thousand Dollars ($5,000). I recommend that the City Council deny by consent and authorize the Administration to deny the claim received from Geico Insurance Company in the amount of $6,458.27. cc: Eric Levitt, City Manager Jacob J. Winzenz, Director of Administrative Services/Assistant City Manager CITY ATTORNEY’S OFFICE MEMORANDUM January 7, 2011 TO: City Council FROM: Tim Wellnitz, Assistant City Attorney SUBJECT: Authorization for the Administration to Deny a Liability Claim from John J. Barry in the Amount of $50,000. On July 18, 2010, John J. Barry was injured as a result of an accident that occurred on West Court Street near the intersection of South Locust Street in the City of Janesville, Wisconsin. While driving his moped, John J. Barry alleges that he struck a pothole which caused him to lose control of his moped resulting in injury. He alleges that the City failed to properly construct, repair and/or maintain the city street at that location causing him subsequent injuries. On November 16, 2010, a claim was received from Attorney Steven T. Caya on behalf of John J. Barry for medical expenses, wage loss, and pain and suffering in the amount of $50,000. After investigating this incident, and with the concurrence of the City’s Insurance Claims Representative at Cities & Villages Mutual Insurance Company (CVMIC), it has been determined that the City should deny this claim. Resolution 89-1175, establishing our claims administration procedure, states in section 4.3a: The City Claims Administrator shall review, investigate, verify and within ninety (90) days of receiving such claim, prepare and forward a written recommendation to the Common Council for its review, consideration, and action each and every claim in face amount greater than Five Thousand Dollars ($5,000). I recommend that the City Council deny by consent and authorize the Administration to deny the claim received from John J. Barry in the amount of $50,000. cc: Eric Levitt, City Manager Jacob J. Winzenz, Director of Administrative Services/Assistant City Manager HUMAN RESOURCES DIVISION MEMORANDUM January 13, 2011 TO: City Council FROM: Susan Musick, Human Resources Director SUBJECT: Retirement Recognition Clifford C. Carlson Executive Summary At the City Council meeting of January 24, 2011, the following retirement commendation will be considered under the consent agenda: 1. Clifford C. Carlson for thirty-one years of service with the City of Janesville (File Resolution Number 2010-767).  Clifford will be attending the January 24, 2011, Council meeting.  Clifford began working for the City of Janesville May 25, 1979, as a Wastewater Treatment Plant Operator Trainee in the Wastewater Utility. He was promoted to a Wastewater Treatment Plant Operator V in February, 1981. Clifford was reclassified to Wastewater Treatment Plant Operator II in August, 1988.  Clifford’s retirement date is January 31, 2011. Recommendation Staff recommends adoption of File Resolution 2010-767. 1 RESOLUTION NO. 2010-767 Whereas, Clifford C. Carlson is retiring from City of Janesville employment after having diligently served the people of the City of Janesville and the community for thirty-one years; retiring as a WWTP Operator II with the City of Janesville Wastewater Utility; and Whereas, during Clifford C. Carlson employment with the City of Janesville, he provided exemplary professional service and demonstrated conscientious devotion to the duties of his position, which he performed with competence, sincerity, honesty, and dedication; and Whereas, it is desired that such commendable service to the City of Janesville be properly recognized; Now, Therefore, Be It Resolved that the people of the City of Janesville, through the City Council, do express their grateful appreciation to Clifford C. Carlson for his thirty-one years of loyal public service. th Dated this 24 day of January, 2011. Motion by: ADOPTED: 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 APPROVED AS TO FORM: Voskuil City Attorney Wald Klimczyk Proposed by: Human Resources Prepared by: Human Resources Community Development Department Memorandum Date: January 12, 2011 TO: Janesville City Council FROM: Duane Cherek, Planning Services Manager SUBJECT: Second reading, public hearing and action 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). _____________________________________________________________________ SUMMARY 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 Gazette failed to 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. Failure by the Gazette to publish the notices requires that a new public hearing notice be advertised. A new ordinance number was assigned to this item because of its review in 2011. Proper Class 2 notices have been published and a public hearing rescheduled for Council review and adoption of the new ordinance. DEPARTMENT RECOMMENDATION The Plan Commission and Community Development Department recommend that following the required public hearing, the City Council support a motion to adopt Ordinance No. 2011-473 amending the Zoning and Building ordinances with regard to detached structures. Council should note that no changes to the originally adopted ordinance have been applied; only the ordinance number has changed. CITY MANAGER RECOMMENDATION The City Manager concurs with the Plan Commission recommendation. SUGGESTED MOTION A motion to adopt Revised Ordinance No. 2011-473 amending the Zoning and Building codes regarding detached structures. cc: Eric Levitt Jay Winzenz ORDINANCE NO. 2011- 473 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 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.” 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 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. 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 Community Development Department Memorandum Date: January 12, 2011 TO: Janesville City Council FROM: Duane Cherek, Planning Services Manager SUBJECT: Action on a proposed ordinance annexing property located at 2609 South Highway 51(File Ordinance No. 2010-469); and Action on a proposed ordinance annexing and zoning to B2 property located at 2609 South Highway 51 (File Ordinance No. 2010-470). On January 10, 2011, the City Council held a public hearing on Ordinance Nos. 2010- 469 and 2010-470 annexing and zoning to B2 property located at 2609 South Highway 51. Four Councilmembers were in attendance at the time of the public hearing and subsequently voted 4-0 to adopt the ordinances. State Statutes require a two-thirds vote of the entire City Council (5 affirmative votes) to adopt an annexation ordinance. Therefore, it is necessary for Ordinance No. 2010-469 to be considered and acted upon again by the Council. Separate action on Ordinance No. 2010-470 zoning the property upon annexation must also occur in order for the zoning to be enacted. The second reading and public hearing for the Ordinances were previously conducted th at the January 10Council meeting. In order to comply with the statutory requirements, Staff is recommending the City Council move to adopt Ordinance Nos. 2010-469 and 2010-470 annexing and zoning to B2 property located at 2609 South Highway 51. 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 Community Development Department Memorandum Date: January 14, 2011 TO: Janesville City Council FROM: Duane Cherek, Planning Services Manager SUBJECT: Informational Update by Janesville Patriotic Society for Veteran’s Memorial Plaza Expansion at Traxler Park. _____________________________________________________________________ The Janesville Patriotic Society (JPS) has requested the opportunity to appear before the City Council to provide an informational update on the Society’s design plans for placement of future veteran’s memorials in the north loop of Traxler Park. Representatives from the Patriotic Society previously appeared before the Council in mid-2009 to share their plans for relocation of existing war memorials to the north side of Traxler Park. Since that time, JPS has prepared a conceptual plan for placement of memorials at the park, and shared those plans with the Leisure Services Advisory Committee. On September 28, 2010, the Leisure Services Advisory Committee reviewed the conceptual design plans for expansion of memorials at Traxler Park and voted in support of the proposal (Committee Meeting Minutes attached). Tom Stehura, Janesville Patriotic Society President, will provide an overview and description of the current proposal in the form of a Power Point presentation during the meeting. Mr. Stehura would like to get the Council’s reaction to the Patriotic Society’s proposal and receive direction for further review. State Statutes require the placement of any statue or memorial placed on public property to be referred to the Plan Commission for their consideration and report before any final action by Council is taken. The Patriotic Society is requesting that the Council refer this matter to the Plan Commission for its review to advance the project. Staff recommends that the matter be referred to the Plan Commission for its recommendation and report. Plan Commission review is intended to ensure consistency with established City plans. If directed by Council, staff will place the Janesville Patriotic Society’s request on an upcoming Plan Commission agenda. The Plan Commission may wish to hold a public hearing as part of that review. cc: Eric Levitt Jacob Winzenz City Manager’s Office Memorandum January 24, 2011 TO: Janesville City Council FROM: Al Hulick, Management Analyst Shelley Slapak, Acting Recreation Director SUBJECT: Update and City Council Direction on development of a Special Event Fee Waivers Policy Summary The City Council has asked that staff provide information regarding special event permit fees and the number of fee waivers issued over the last three years. Special event fees are required whenever an event takes place on City property. There are a variety of methodologies that could be used to address potential waivers so staff has attempted to narrow potential options and has developed the following options for Council to consider when evaluating future Special Event fee waiver requests.  Waive No Special Event Fees  Waive Special Event Fees for events hosted by a “Friends Group” of a park where the event’s sole intent is to benefit a City Facility.  Waive Special Event Fees for non-profit groups that do not charge a fee or take donations.  Provide an option for special event fees to be collected and dedicated for a City Youth Camp scholarship fund.  Eliminate Special Event Fees for Not-for-profit sponsored events. Staff Recommendation City Staff recommends that the City Council implement a policy from the options presented or a combination of the options presented that would enable not-for- profits to have a reliable and consistent policy when submitting a permit application. One concern that Staff has is when special event fees are waived, costs associated with the event are not recovered and become an unaccounted for General Fund expense. Therefore, it is our recommendation to remove any perception of inequity from the process. City Manager Recommendation The City Manager concurs with staff’s recommendation. Background Special event applications and permit fees are required whenever an event takes place on City property. The event fee varies depending on the number of attendees, the length of the event, what facility is being used, equipment rentals, and any scheduled or unscheduled work completed by City employees. It is important to note that these fees attempt to recover all City costs associated with the event, but rarely match the actual costs. Staff conducted a peer City survey and found those communities that responded did not waive fees unless directly waived by the City Council or City Manager. The City Council has the authority to waive special event fees. However, historically the City does not charge a special event fee for School District athletic events, Veterans events, or events that the City of Janesville hosts or co- sponsors. The following table indicates the total number of events, including those events which fees have been waived by the City Council or are considered a City, School District, Friends, or Veterans event. Special Event Permits and Waivers 2008-2010 Year 2010 2009 2008 Total Events 109 105 99 City Sponsored Events 24 16 23 School District Events 2 1 2 Veterans Events 2 2 2 Friends Event 4 3 2 Council Waived Events 3 2 5 Total Fees Due $11,532 $11,086 $10,435 Total Fees Collected $7,535 $6,854 $5,898 City Sponsored Events The Leisure Services Department does not charge a special event fee for events that the City hosts or co-sponsors. The City of Janesville hosts a number of events each year including National Night Out, Enchanted Forrest, and Sugar, Spice & Ice. The City also co-sponsors a number of events each year including Poochfest, Disc Golf Tournament, Annual Fishing Derby, etc. The actual cost of these events vary due to their wide variety of activities, facility and equipment needs, and the amount of staff time involved in their administration and setup. However, Leisure Services typically co-sponsor these types of events when they directly compliment a City function or benefit a facility. School District Athletic Events As part of their shared use agreement, the Leisure Services Department does not charge the School District for athletic events held on/in City facilities. These events typically involve the use of barricades and/or trash receptacles and have very little staff and equipment costs associated with them. This agreement ends in 2011 and is currently being negotiated. Veterans Events The City has had a history of supporting Veterans groups by not charging a special event permit fee for veteran related events such as Memorial Day nd Parade, 192 Battalion, P.O.W./M.I.A. Day, and Vets Day Events. These events typically involve barricades, trash receptacles and some additional staff time to cordon of streets and parade routes. Friends Events Friends Group Events are events that are coordinated by the various “Friend” groups throughout the City such as, Friends of Rockport Park, Friends of Riverside Park and several others. Similar to City Sponsored Events, these events are typically held on City owned land and are intended to directly benefit a specific City Park and or facility. These events typically vary in size and scope and can incur considerable staff and equipment costs. City Council Waived Events The City Council has the authority to waive special event fees. Typically, these fees are waived after a specific group makes a direct appeal to the City Council during a regular Council session. In the past, the Council has granted waivers to: The Janesville Farmers Market, Family Fun Fest, Fourth of July Celebration, and a portion of the costs associated with The Janesville Air Fest. The costs associated with these vary but can incur considerable staff and equipment costs. In the past these costs associated with these events have varied from $327.00 for Family Fun Fest, to $908.00 for the Fourth of July Celebration, to $2,125.00 for the Janesville Farmers Market. When waived, these fees are not recovered and become an unaccounted for General Fund expense. Staff Analysis Administrative Policy 14 establishes a procedure which permits adults, organizations and agencies to conduct special events in the Janesville Park System or within the street right-of-way in accordance with Janesville Code of City Ordinances: Chapter 12.20 and 12.62. The policy defines, regulates and sets forth minimum standards which will control the application process, scheduling, conduct of and cleanup of special events. According to Policy 14, Leisure Services reserves the right to deny a special event permit if the event is incompatible with the park area or conflicts with other scheduled or unscheduled park usage. Additionally, any denied application may be appealed first to the City Manager and then to the City Council. Actions of the City Council are final. However, the Policy does not explicitly define how “City- Sponsored” events will be handled, and what constitutes a City sponsored event. The City Council has asked that staff provide information regarding special event permit fees and the number of fee waivers issued over the last three years. Therefore, staff has developed the following options for Council to consider when evaluating future Special Event fee waiver requests.  Waive No Special Event Fees - Staff prefers to create an environment where subjectivity in fee waivers is removed. By implementing this policy all Special Events held at City Facilities would be required to pay special event fees. This would eliminate any subjectivity in the waiver process and provide a consistent revenue stream to offset incurred expenses.  Waive Special Event Fees for events hosted by a “Friends Group” where the event’s sole intent is to benefit a City Facility. – The City has developed relationships with the various “Friends” groups throughout the Community. These friends groups provide fundraising opportunities, volunteer labor and other resources for their respective mission. City Staff feels that these groups should be afforded some additional recognition and benefit from their commitment to the Community. Therefore, Staff has prepared additional language that is recommended for inclusion in Administrative Policy 14 that waives fees for Special Events hosted by a “Friends Group” where the sole intent is to benefit a City Facility.  Waive Special Event Fees for non-profit groups that do not charge a fee or take donations. – City Staff understands the importance of non-profit partnerships in the Community. However, as previously noted, all special events are typically for a good cause. Additionally, all special events require some level of service from City Staff, and have an associated cost to the City. Therefore, Staff is hesitant to provide a blanket exemption for all special events that simply do not charge a fee or take donations, based on fixed costs associated with any event.  Provide an option for special event fees to be collected and dedicated for a City Youth Camp scholarship fund. - City Staff remains committed to City Youth Camps. With this option, event coordinators would still pay the requisite special event fees, but would have the option to have those fees dedicated to a City Youth Camp Scholarship fund for camp participants that demonstrate financial hardship. At this time, no such fund exists. While the fees would not be waived, events would have the knowledge that the proceeds would be directly used for scholarships. However, loss of revenue for other activities could impact programming.  Eliminate Special Event Fees for not-for-profit sponsored events. – Almost every event is hosted by a not-for-profit entity. Therefore, if event fees were waived for all not-for-profit sponsored events, it would effectively eliminate the vast majority of all special event fees. City Staff would like to add language to Administrative Policy 14 to specifically address what constitutes a City-sponsored event. The Recreation Division would define City sponsored events as those events that directly benefit a City function or facility. This language would apply to those events where:  the City is in sole discretion of the events implementation (i.e. Enchanted Forrest), or  the event is hosted by a “Friends Group” and the event’s sole intent is to benefit a City Facility (i.e. Riverside Park, Rockport Park, etc.), or  a Veterans Group looking to honor Armed Forces Veterans. The Recreation Division has seen an increased number of requests for the City to sponsor or co-sponsor events. By including this language in the Staff feels better prepared to evaluate future requests. cc: Eric Levitt Jay Winzenz Community Development Department Memorandum January 11, 2011 TO: Janesville City Council FROM: Duane Cherek, Manager of Planning Services SUBJECT: Action on a proposed resolution authorizing the acquisition of land from the Naatz Family Trust adjoining the bicycle and pedestrian trail east of North Wright Road (Resolution No. 2011-766). SUMMARY During a recent routine property evaluation by the City Assessor’s Office, it was discovered that a relatively small segment of the City’s bike trail encroaches onto private lands owned by the Naatz Family Trust (See Attached Exhibit 1). The trail segment affected by the encroachment is located between North Wright Road and Wuthering Hills Drive, just north of Ruger Avenue. This bike trail section was constructed in the year 2000 as part of a WisDOT funded improvement project that extended trails along public greenbelt and parklands following the Spring Brook drainage corridor on the City’s east side. During construction of the trail, a decision to alter the alignment slightly from the design plans led to the trail crossing a property line that was not apparent in the field (on-site). It is unclear at this time as to why or how the decision was made, but a slight encroachment of approximately 15 feet onto the Naatz property occurred. The Engineering Division notified members of the trust of the encroachment and inquired about the possibility of negotiating an easement or the outright purchase of a small section of land to correct the matter. The land area under consideration includes a strip of land totaling 4,324 sq.ft. in area. After further discussion and consideration of alternatives, the Trust accepted an offer for City purchase of the land area in question for $5,000. DEPARTMENT RECOMMENDATION The Plan Commission and Community Development Department recommend that the City Council support a motion to approve Resolution No. 2011-766 authorizing the acquisition of land from the Naatz Family Trust adjoining the bicycle and pedestrian trail east of North Wright Road. The City Council should be advised that the Plan Commission has not reviewed the financial aspects of this transaction. CITY MANAGER RECOMMENDATION The City Manager concurs with the recommendation. SUGGESTED MOTION To approve Resolution No. 2011-766, authorizing the acquisition of land from the Naatz Family Trust adjoining the bicycle and pedestrian trail east of North Wright Road. ANALYSIS A. The land area is split between two parcels containing a total of 4,324 sq.ft.; one parcel includes approximately 2,850 sq.ft. and the is 1,670 sq.ft. in size. (See Exhibit 2). The land area is contiguous to the existing paved trail section adjoining city-owned greenbelt lands. B. The proposed property acquisition is consistent with established city plans that include the adopted Park & Open Space Plan and the Comprehensive Plan. Both documents identify the subject property as part of an environmental corridor along the Spring Brook drainage way which is planned for future public open space use. Additionally, it is the City’s policy to locate bike and pedestrian trail facilities either on publically-owned land or within designated trail easements allowing for construction of those improvements. Acquiring this small portion of property to locate the trail surface on City-owned land is consistent with that practice. C. State Statutes require that the Plan Commission review any proposed acquisition of land to determine if it is consistent with established City plans. The Plan Commission unanimously found the proposed purchase to be consistent with the City’s Park & Open Space Plan and Comprehensive Plan at their meeting of 3 January 2011. D. The offer of $5,000 to acquire approximately 4,520 s.f. of land area was derived on the basis of estimating current residential raw land values in the area, appraisal costs and other processing expenses (surveying, deed preparation/recording). PLAN COMMISSION ACTION – 3 JANUARY 2011 Duane Cherek, Manager of Planning Services, presented the written staff report. There was no discussion. There was a motion by Commissioner Werner with a second by Commissioner Hanewold to forward the acquisition to the City Council with a favorable recommendation. The motion carried on a 5-0-0 vote. RESOLUTION NO. 2011-766 A resolution authorizing the acquisition of land from the Naatz Family Trust adjoining the bicycle and pedestrian trail east of N. Wright Road and just north of Ruger Avenue. WHEREAS , the City of Janesville owns and maintains a bicycle and pedestrian trail facility located on property designated as public greenbelt between N. Wright Road and Wuthering Hills Drive just north of Ruger Avenue; and WHEREAS , property south and adjoining the public greenbelt and trail facility in this area is owned by the Naatz Family Trust; and WHEREAS , during a property assessment evaluation process, the City of Janesville discovered that a portion of the bicycle and pedestrian trail encroaches onto the Naatz Family Trust property adjoining the public greenbelt; and WHEREAS , the City Administration notified members of the Trust of the encroachment to present various means to correct the error, including outright purchase of the land encompassing said encroachment, and; WHEREAS , a plat of survey as set forth in Attachment “A” describes portions of two separate parcels containing 2,787 sq.ft. and 1,537 sq.ft, respectively, which the City proposes to purchase from the Naatz Family Trust in the total amount of $5,000 for both parcels, and; WHEREAS , the Janesville Common Council finds it to be in the City’s best interest and of benefit to the community and City to purchase the land encompassing the bicycle and pedestrian trail encroachment on a portion of the Naatz property as legally described in Attachment “B”; and WHEREAS , Sections 62.11(5) and 62.22(1) of the Wisconsin Statutes and other provisions of law permit the City’s acquisition and conveyance of such parcels of land; and WHEREAS , the Janesville Plan Commission reviewed this proposed land acquisition at rd their meeting on the 3 day of January 2011, and on a vote of 5-0 found this land acquisition to be consistent with City Plans though not commenting on the financial aspects of this transaction; NOW, THEREFORE, BE IT RESOLVED , by the Common Council of the City of Janesville, that they hereby authorize and direct the City Manager and/or his designee, to acquire land from the Naatz Family Trust adjoining the bicycle and pedestrian trail east of N. Wright Road on behalf of the City of Janesville, as the City Manager may deem necessary or desirable to effectuate the intent of this resolution. BE IT FURTHER RESOLVED , that the City Manager and his designees may, from time to time, negotiate, draft, amend, execute, and enter into said purchase, agreements, contracts, and amendments thereto pertaining to the property; and to take RESOLUTION NO. 2011-766 PAGE 2 such other action as the City Manager may deem necessary and/or desirable for the public good concerning this matter and/or to effectuate 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 Wald Klimczyk Proposed by: Community Development Department Prepared by: Community Development Department Ý·¬§ ±º Ö¿²»ª·´´» Ù×Í ÷äôóúóè ùíò ùíòùÓÈÃÍÖòÛÎ×ÉÆÓÐÐ× ùíò ùíòÍÅÎ×ØìÛÊÙ×ÐÉ úÓÑ×èÊÛÓÐ ÷ÎÙÊÍÛÙÔÏ×ÎÈ Ô»¹»²¼ ûÊ×ÛÉ Î±¿¼ Ì§°» ùíò Ý±«²¬§ Ø·¹¸©¿§ ×²¬»®¬¿¬» Ø·¹¸©¿§ Ô±½¿´ Î±¿¼ Í¬¿¬» Ø·¹¸©¿§ ËÍ Ø·¹¸©¿§ ÝÍÓ Ý»³»¬»®§ Ð´¿¬ Ý±²¼± Ð´¿¬ Í«¾¼·ª··±² Ð´¿¬ Ð¿®½»´ ß»®·¿´ Ð¸±¬±¹®¿°¸§ øîððë÷ Ê¿´«» Ø·¹¸ æ îëì Ô±© æ ð ñ ï ×²½¸ ã ìðð Ú»»¬ Ü×ÍÝÔß×ÓÛÎæ Ì¸· ¼¿¬¿ · °®±ª·¼»¼ ¾§ ¬¸» Ý·¬§ ±º Ö¿²»ª·´´» º±® ·²º±®³¿¬·±²¿´ °«®°±» ±²´§ò Ì¸» Ý·¬§ ¼±» ²±¬ ©¿®®¿²¬ ±® Ð®·²¬»¼ Ü¿¬»æ ïîñíðñîðïð ¹«¿®¿²¬»» ¬¸» ¿½½«®¿½§ ±® ®»´·¿¾·´·¬§ ±º ¬¸· ¼¿¬¿ò Ì¸» ®»½·°·»²¬ ±º ¬¸· ¼¿¬¿ ¿«³» ¿²§ ®·µ ±º ·¬ «» º±® ¿²§ °«®°±»ò NEIGHBORHOOD SERVICES MEMORANDUM January 18, 2011 TO: City Council FROM: Kelly Lee, Neighborhood Development Specialist SUBJECT: Action on a Proposed Resolution Authorizing the Acquisition and Demolition of Property at 513 Linn Street (File Resolution 2011-768) Summary A total of seven hundred Thousand ($700,000) dollars were included within the 2009 and 2010 Note Issues for neighborhood and downtown property acquisitions. Funding for neighborhoods was included to acquire vacant and/or blighted properties in the central city residential neighborhoods and the downtown area. The property located at 513 Linn Street is a vacant single family home located on Linn Street just south of Racine Street. This property is located within Census Tract 3, the Historic Fourth Ward. The property was foreclosed on in September of 2010 and is currently owned by Federal Home Loan Mortgage Corporation located in Frederick, Maryland. The interior of the structure is in very poor condition and staff recommends demolition of the property after acquisition. An offer to purchase the property has been negotiated in the amount of $20,000, subject to City Council approval. The property would then be demolished at an estimated cost of $7,500. The site would be restored as green space and maintained until the housing market in the neighborhood stabilizes. At that time, an effort will be made to resell the property or portions thereof to adjoining property owners or an individual or group that would like to redevelop the property with a single family home. Any new construction would be reviewed by staff for compatible neighborhood design and all future sales transactions would return to council for approval. Department Recommendation Neighborhood Services Staff is recommending that the City acquire the residential property located at 513 Linn Street under the Neighborhood and Downtown Blight Elimination Program for the purpose of blight elimination and neighborhood stabilization. City Manager Recommendation The City Manager recommends approval. Suggested Motion I move to approve File Resolution #2011-768 authorizing the purchase and demolition of real property located at 513 Linn Street for the purpose of blight elimination and 1 neighborhood stabilization as consistent with the City of Janesville Comprehensive Plan and Look West and Old Fourth Ward Neighborhood Revitalization Plan. Background The property located at 513 Linn Street is a vacant single family property located on Linn Street just south of Racine Street. This property is located within Census Tract 3, Historic Fourth Ward. The property was foreclosed on in September of 2010 and is currently owned by Federal Home Loan Mortgage Corporation. The interior of the property is in poor condition and staff recommends that the residence be demolished. The property is zoned R2, Limited General Residence District. The property is listed in th fair condition on the 4 Ward and Look West Housing Condition Report based on an exterior inspection of the property from the street. Upon an interior inspection with a real estate agent, staff noted problems with the plumbing, heating, electrical and building systems. The subject property includes a 1463 square foot, single family, two-story home built in approximately 1910. The lot is 60 feet wide by 132 feet deep, totaling .182 acres. Also on the lot is a 360 square foot two car detached garage. Staff is recommending that the structure be demolished upon acquisition due to the poor interior conditions of the building. The estimated cost for demolition is $7,500. Any salvageable materials will be offered to Habitat for Humanity. The City has negotiated a purchase price of $20,000, subject to approval of the Plan Commission and City Council. The property has an assessed value of $73,900. The site would be restored as green space for the time being and offered to a not for profit for construction of a new single family home or offered for sale to adjoining property owners. Any new construction would be reviewed by staff for compatible neighborhood design and all future sales transactions would return to council for approval Funding for the acquisition and demolition of this property is proposed to be funded through the prior note issue funding. The 2009 and 2010 note issues included $700,000 in funding for vacant and/or blighted projects. Funding is proposed in recognition of the major neighborhood planning effort underway and the insufficient funds that are available under the Community Development Block Grant (CDBG) Program. As with all Neighborhood Service Department acquisitions, all salvageable material will first be offered to Habitat for Humanity and then to the contractor who will be selected to complete the demolition of the property. Analysis The proposed property acquisition is consistent with established City plans as described below: 2 The project is consistent with the City of Janesville Comprehensive Plan, which calls for the revitalization of neighborhoods that have experienced decline. The structure is not historically or architecturally significant and based on its poor physical condition does not represent a critical use in the Fourth Ward Neighborhood. Removal of this structure would provide an opportunity to enhance the appearance of this block and offer potential redevelopment opportunities consistent with the character of traditional downtown neighborhood development. The project is consistent with The Look West and Old Fourth Ward Neighborhood Revitalization Plan, which has been guiding redevelopment efforts in the central city neighborhoods. The City of Janesville has purchased six additional properties along Linn Street or within one block of Linn Street as part of their Neighborhood Redevelopment efforts (903 McKinley, 907 McKinley, 203 Linn, 215 Linn, 808 Holmes, and 316 Linn). In November of 2010, the City Council approved Council Policy Statement #85. This policy outlines the acquisition process for properties to be acquired under note issue funding. This policy was prepared to formalize criteria for selection to facilitate the purchase of these properties in a manner that is efficient and maximizes the City’s ability to negotiate the purchase of the properties. The selection criteria were considered and this proposal is being brought forth in accordance with the Council Policy Statement. Our recent experience indicates that many residential properties are being bought throughout Janesville and are being used as rental properties with no improvements or minimal improvement being made to the properties. Janesville does not currently have a shortage of affordable housing (we are hearing of a 15% vacancy rate); although it is arguable that we are experiencing a shortage of quality affordable housing. Plan Commission Action The Plan Commission reviewed this acquisition on January 17, 2011, and unanimously agreed to forward this item to the City Council with a favorable recommendation noting the Plan Commission has not reviewed the financial aspects of this transaction. Attachments: Property Data Information Site Map Property Photos cc: Jennifer Petruzzello, Neighborhood Services Director Eric Levitt, City Manager Jay Winzenz, Assistant City Manager and Director of Administration 3 RESOLUTION NO. 2011-768 RESOLUTION AUTHORIZING THE ACQUISITION AND DEMOLITION OF REAL PROPERTY LOCATED AT 513 LINN STREET WHEREAS , Wis. Stats. §§ 62.22 (1), 62.23 (17)(a), 62.23 (17)(b), 66.0101, 62.11(5), Chapter 32, and other pertinent Wisconsin Statutes permit the City’s acquisition, development, ownership, protection, improvement, conservation, public use, demolition, disposition, and other disposal of parkland, open space, riverfront properties, blighted properties, redevelopment, and development properties; and WHEREAS, the City Council authorized $500,000 to be used for blight elimination in the central city in a 2009 General Fund Note Issue; and WHEREAS , the Community Development Authority (CDA) and the Neighborhood Action Team assisted in formulating criteria for potential Neighborhood Services Department Property Acquisition projects, including: location in area of greatest need; located within either of the two redevelopment sites as identified in the City of Janesville Look West & Old Fourth Ward Neighborhood Revitalization Plan (Adopted December th 8, 2008); properties located along collector, major arterial streets, or minor arterial streets; properties located near schools or parks; properties identified as poor or fair th condition on the 4 Ward and Look West Housing Condition Report (or of similar condition for census tracts 6 &10); and WHEREAS , the City of Janesville Administration has negotiated an offer to purchase 513 Linn Street in the amount of Twenty Thousand Dollars ($20,000.00); and WHEREAS , the Janesville Plan Commission has reviewed this proposed acquisition on th January 17, 2011 and found it to be consistent with long range City plans, but not commenting upon the financial aspects of the transaction; and WHEREAS , the Council find this acquisition and proposed public use(s) in the best interest of the City and of benefit to the public; and WHEREAS , the funding source for the acquisition and demolition is the 2009 General Fund Note Issue Blight Elimination Fund: NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville that the City’s acquisition of 513 Linn Street in the amount of Twenty Thousand dollars ($20,000.00) for the above described public purpose(s) is hereby approved and authorized; the City Manager and/or his designee(s) may acquire and close upon the City’s purchase of the Property from the owner(s) on behalf of the City; and BE IT FURTHER RESOLVED , that the City Manager and/or his designee(s), on behalf of the City of Janesville, is/are hereby authorized and empowered to negotiate, draft, modify, review, execute, and enter into additional agreements, record, file, and/or make minor modifications and/or amendments to any and all documents, papers, forms, and agreements, and to take whatever other actions as the City Manager may determine, from time to time and at any time, necessary and/or desirable to effectuate the intent of this resolution and/or the public good. 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: Neighborhood Services Department Prepared by: Neighborhood Development Specialist É ÎßÝ×ÒÛ ÍÌ ëïí É×ÔÍÑÒ ßÊÛ q Ô»¹»²¼ ÍËÞÖÛÝÌ Í×ÌÛ Ü¿¬»æ ïñêñîðïï Í½¿´»æ ïþã ïððù Ó¿° Ý±±®¼·²¿¬»æ Ôóïì ÔÑÝßÌ×ÑÒ ÓßÐ Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ ÓßÐ ï ßÝÏË×Í×Ì×ÑÒ ÑÚ ëïí Ô×ÒÒ ÍÌ ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ ÍæÐ®±¶»½¬ÄÐ´¿²²·²¹ÄÝ¿»ÄÝ¿»óîðïïÄÔóïìÁß½¯«··¬·±²óëïíóÔ·²² 513 Linn Street CITY MANAGER’S OFFICE MEMORANDUM January 14, 2011 TO: City Council FROM:Rebecca Smith, Management Assistant SUBJECT: Action on Proposed City Council Policy Establishing Residency Requirements for Members of City Committees (Council Policy No. 85) Request The Citizen Advisory Committee on Appointments requested staff obtain from the City Council direction on whether non-City of Janesville residents may be appointed to ad hoc committees, boards, standing committees, commissions. Staff Recommendation Committee member residency is a policy decision best made by the Council; there is no one correct technical or professional answer. Staff feels that maintaining flexibility in appointments is helpful by providing the Council the most discretion in appointing individuals they feel best meet the needs of a committee in any given situation. City Manager Recommendation I recommend option 2 which would clearly put a preference on residence but also provide discretion to the Council for decisions on an individual basis. One advantage to this approach is that there may be times that an involved person in the community who may not be a resident is willing to volunteer and it would provide the Council the opportunity to appoint that individual. Suggested Motion Staff wrote a policy statement that includes three options. The council should delete from the policy the paragraphs that do not pertain to their intention. I move to approve council Policy Statement #85 with the following paragraph deletions (1, 2, or 3). Background At the December 8, 2010 Citizen Advisory Committee on Appointments meeting, committee members asked whether volunteers had to be city residents to serve on an ad hoc, board, committee, or commission. Staff shared that there is no one official ordinance or policy requiring residency, but the historical and traditional procedure is to only appoint city residents to committees. The Committee then asked staff to approach the Council to obtain direction as whether non-City of Janesville residents may be appointed to ad hoc committees, boards, standing committees, and commissions. Since the implementation of the committee volunteer application form, a small number of non-residents have applied to serve on city committees. These individuals typically had a “Janesville” address, but did not live within the corporate limits of the City (lived in 1 a neighboring township with a “Janesville” address) or they lived outside the city limits, but owned property within the city. Staff forwards those applications to the Appointment Committee with a notation indicating they are non-residents. Because of the history of only appointing city residents, the publicity materials and the city website indicate only residents may apply for city committees. Legislation Governing Residency Seven of Janesville’s 15 standing committees, or 47%, require residency, while seven, or 47%, are silent regarding residency of members. One board (6%) allow for two of the nine members to be non-residents. Is there legislation governing residency of committee Committeemembers? ALACCouncil Policy 66A requires residency of members. Advisory Committee on AppointmentsCouncil Policy 82 requires residency of members. Board of ReviewCharter Ordinance Chapter 2.20 requires residency of members. CableNo CDAState statute 66.1335 requires residency of members. Golf AdvisoryNo Historic CommissionNo Ice Center AdvisoryCouncil Policy 83 requires residency of members. Leisure AdvisoryNo State statute 43.54 allows for 2 of the 9 members to be non- Libraryresidents. Plan CommissionCharter Ordinance 2.48.020 requires residency of members. Police & Fire No Commission Sustainable JanesvilleCouncil Policy 81 requires residency of members. TransportationNo ZBANo Peer Survey A peer survey was completed to understand the regulations present in other communities. Of the 12 cities surveyed, 7, or 58.3%, require residency of all of committee volunteers. Another (8.3%) enforces residency for standing committees, but exceptions are made for ad hoc committees. In one City (8.3%) appointing residents is the norm; however, exceptions are made. In 2 cities, or 16.6%, residency is required for some of their committees, but others allow non-residents to serve. Finally, in one City 2 (8.3%) residents are given preference, but non-residents may be appointed. Overall, about half the cities enforce residency for committees more strictly, and the other half lean toward having residents serve, but also offer flexibility/exceptions so that non- residents may serve. Is residency required to serve on a city board, committee, Citycommission? Eau ClaireResidency required. Green BayResidency required. KenoshaResidency required. La CrosseResidency required. OshkoshResidency required. WausauResidency required. RacineResidency required. 1 exception was made recently. Residency required for standing committees; flexibility/exceptions made for ad hoc committees. Manitowoc AppletonOnly residents are appointed, but there are exceptions made. Fond du LacMajority of committees require residency, but some do not. SheboyganMajority of committees require residency, but some do not. BeloitCity residents given preference, but others may be appointed Pros & Cons to allowing only residents to serve Pros: 1. Allows those affected by decisions to advise on those decisions 2. No matter a person’s residency, individuals are always welcome to comment on issue affecting them or the City Cons: 1. Property or business owners living outside the City may be affected by decisions, but won’t have the opportunity to advise on those decisions as a committee member Pros & Cons to allowing non-residents to serve Pros: 1. There may be instances where having a non-resident on a committee could provide a different perspective or expertise in an area that would be beneficial to the committee or city as a whole 2. Property or business owners living outside the City could be affected by decisions and would have the opportunity to advise on those decisions as a committee member Cons: 1. No matter a person’s residency, a committee may invite an individual or group they think would be beneficial to their decision-making process to their meeting 3 CITY OF JANESVILLE Policy No. 85 CITY COUNCIL POLICY STATEMENT Date Issued General Subject: Appointment to City Committees Effective Date Specific Subject: Ad Hoc, Board, Committee, Cancellation Date & Commission Member Residency Supersedes No. PURPOSE To establish, define, and record the Janesville City Council’s preference regarding the residency of members of city ad hoc committees, boards, standing committees, and commissions. STATEMENT OF POLICY Comment [rs1]: Staff has written this policy to include three options. Council should strike two With exception for those boards, committees and commissions governed by other of the three paragraphs provided to indicate their preferred option. legislation or policy statements concerning residency, the Janesville City Council requires Comment [rs2]: Paragraph & Option 1 all members of Janesville’s ad hoc committees, boards, standing committees, and commissions to reside within the corporate city limits of the City of Janesville. OR With exception for the Police and Fire Commission and those boards, committees and commissions governed by other legislation or policy statements concerning residency, the Janesville City Council has a preference to appoint residents within the corporate city Comment [rs3]: Paragraph & Option 2 limits of the City of Janesville to ad hoc committees, boards, standing committees, and commissions; however, non-residents may be considered for appointment. If the Citizen Advisory Committee on Appointments or the City Manager recommends to the City Council a non-resident volunteer, information should be shared as to why that person was selected for recommendation. The Janesville City Council requires all members of the Police and Fire Commission to reside within the corporate city limits of the City of Janesville. OR With exception for the Police and Fire Commission and those boards, committees and commissions governed by other legislation or policy statements concerning residency, the Janesville City Council does not require members of Janesville’s ad hoc committees, Comment [rs4]: Paragraph & Option 3 boards, standing committees, and commissions to reside within the corporate city limits of the City of Janesville. The Janesville City Council requires all members of the Police and Fire Commission to reside within the corporate city limits of the City of Janesville. CITY MANAGER’S MEMORANDUM January 19, 2011 TO: City Council FROM: Council President Kathleen Voskuil SUBJECT: Councilmember Appointment to Alcohol License Advisory Committee Councilmember William Truman has resigned from the Alcohol License Advisory Committee because of conflicts with his work schedule. I recommend Councilmember George Brunner fill the vacancy on this committee. Please let me know if you have questions or comments. Council please approve. 1 Community Development Department Memorandum Date: January 19, 2011 TO: Janesville City Council FROM: Brad Schmidt, AICP, Associate Planner SUBJECT: Introduce, refer to Plan Commission and schedule a public hearing on a proposed ordinance amending the City of Janesville Subdivision Ordinance to change time limit requirements for Plats (File Ordinance No. 2011-474). The Community Development Department has prepared attached Ordinance No. 2011- 474 which amends Section 17.60.040 of the Code of General Ordinance. Currently, the Plan Commission may refuse to approve a final plat if it is not submitted within six (6) months of the approval of the preliminary plat. However, state statutes were amended to increase the submittal time for a final plat from six (6) months to thirty-six (36) months. Other changes to the state statutes regarding submittal times for subdivision plats do not impact the City’s Subdivision Ordinance. The Community Development Department recommends that following the first reading of Ordinance No. 2011-474, it be referred to the Plan Commission for review and recommendation and then scheduled for City Council public hearing on February 28, 2011. cc: Duane Cherek Eric Levitt Jay Winzenz ORDINANCE NO. 2011-474 An ordinance amending the City’s Subdivision Ordinance with regard to changes to Chapter 26 of Wisconsin Statutes relating to the extent of time limits for plat submissions as set forth in JGO Chapter 17, with penalties for violations thereof as set forth as applicable in JGO 17.56.010. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Section 17.16.040 of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: 17.16.040 Final plat--Copies and filing fee submitted to City Planner--Review procedure . Thirteen copies of the final plat and master site grading and drainage plan including the required filing fee shall be submitted to the City Planner at least twelve days before the final plat is scheduled to be reviewed by the City Plan Commission. The applicant shall also submit a copy of the final plat in digital format satisfactory to the City Engineer. If the final plat is not submitted within six thirty-six months of the last approval of the preliminary plat, the Plan Commission may refuse to approve the final plat. 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 1