Full Agenda Packet CITY OF JANESVILLE
CITY COUNCIL MEETING AGENDA
MONDAY, February 14, 2011
7:00 P.M.
1. Call to Order and Pledge of Allegiance.
2. Roll Call.
3. Regular City Council meeting minutes of January 24, 2011. “C”
4. Licenses; and Recommendations of the Alcohol License Advisory
Committee. (Refer to separate agenda.) “C”
5. Motion to approve final CSM 11001-C, Al Draper, 2 lots on
West State Street. “C”
OLD BUSINESS
1. Requests and comments from the public regarding items on the Agenda not
requiring a public hearing.
2. Discussion/possible action on proposed renovations to Janesville Ice
Skating Center.
NEW BUSINESS
1. Motion to approve proposed 2011 Sustainable Janesville Award program.
2. Action on a proposed resolution authorizing the filing of an application
with the Wisconsin Department of Commerce for Neighborhood
Stabilization Program 3 (NSP3) grant funding. (File Res. No. 2011-773)
3. Action on a proposed resolution authorizing a 2010 General Fund
supplemental appropriation. (File Res. No. 2011-772)
-----------------------
“C” – This designation indicates an item that the City Council will take up
under a Consent Agenda.
City Council Agenda – February 14, 2011
Page 2
NEW BUSINESS (CONTINUED)
4. Action on a proposed council policy for special event permits (proposed
Council Policy #87).
5. Action on a proposed resolution authorizing the City Manager to apply for
the 2011 Paint Your City Green Grant. (File Res. No. 2011-774)
6. Action on a proposed resolution adopting Rock County’s Natural Hazard
Mitigation Plan updated September 2010 to 2015.
(File Res. No. 2011-775)
7. Introduce and schedule a public hearing on a proposed ordinance amending
the City’s Solid Waste Ordinance to increase sanitary landfill fees.
(File Ord. No. 2011-475)
8. Introduce and schedule a public hearing on a proposed ordinance amending
JGO Chapter 5.52 and Section 5.04.010 N. regulating junk dealers, second
hand dealers, second hand jewelry dealers, and pawnbrokers in the City of
Janesville. (File Ord. No. 2011-476)
9. Requests and comments from the public on matters which can be affected
by Council action.
10. Matters not on the Agenda.
11. 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 24, 2011
VOL. 62
NO. 29
Regular meeting of the City Council of the City of Janesville held in the Municipal Building on
January 24, 2011. The meeting was called to order by Council President Voskuil at 7:00 PM. Boy
Scout Troop #402 led the Council in the Pledge of Allegiance.
Present: Council President Voskuil, Councilmembers Brunner, McDonald, Perrotto, Rashkin,
Steeber and Truman.
CONSENT AGENDA
Regular City Council meeting minutes of January 10, 2011.
Licenses; and Recommendations of the Alcohol License Advisory.
Authorization for the Administration to deny a liability claim from Geico Insurance Company
(insured Lynnea Kaminski) in the amount of $6,458.27.
Authorization for the Administration to deny a liability claim from John J. Barry in the amount
of $50,000.
Council President Voskuil stated that all items on the consent agenda would be approved as
recommended if there were no objections. There were none.
Special recognition: Action on a proposed resolution in commendation of Cliff Carlson’s thirty-
one years of service to the City of Janesville. Councilmember Steeber moved to adopt said
resolution, seconded by Councilmember Brunner and passed unanimously. (File Res. No. 2011-
767)
Council President Voskuil recognized the 2010 City Employees of the Year. Public Safety: Laurie
Valley, Public Works: Al Meehan, and Administrative Services: Haichen Dong.
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., spoke against the acquisition and demolition of
315 Linn St (NB #4).
2. A proposed ordinance for a comprehensive text amendment to change the Zoning and Building
Codes with regard to detached structures received its second reading and public hearing.
Andreah Briarmoon, 339 S. Locust St., spoke against the ordinance. The public hearing was
closed. Councilmember Steeber moved to adopt said ordinance, seconded by Councilmember
Truman and passed unanimously. (File Ord. No. 2011-473)
3. Action on a proposed ordinance annexing property located at 2609 South U.S. Highway 51.
Councilmember Steeber moved to adopt said ordinance, seconded by Councilmember
Rashkin and passed by the following vote: Aye: Brunner, Perrotto, Rashkin, Steeber, Truman and
Voskuil. Nay: McDonald. (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. Councilmember Steeber moved to adopt said ordinance, seconded by
Councilmember Rashkin and passed unanimously. (File Ord. No. 2010-470)
NEW BUSINESS
1.Tom Stehura, President of the Janesville Patriotic Society, presented an information update for
the Veteran’s Memorial Plaza expansion at Traxler Park. Councilmember Steeber moved to send
the proposal to the Plan Commission for their review and recommendation, seconded by
Councilmember Brunner and passed unanimously.
2. Update and City Council direction on development of a special event fee waiver policy.
Councilmember Perrotto moved to direct staff to write a policy to waive special event fees for: City
sponsored events, “Friends” groups, Veterans groups, and other governmental units on a case by
case basis, and exclude the school district, seconded by Councilmember Steeber.
Councilmember Steeber moved to change the motion to waive fees for Rock County at
Courthouse Park. The friendly amendment was accepted by the maker. The motion, as
amended, passed unanimously.
3. Action on a proposed resolution authorizing the acquisition of land from Naatz Family Trust
adjoining the bicycle and pedestrian trail east of North Wright Road. Councilmember Steeber
moved to adopt said resolution, seconded by Councilmember Perrotto and passed unanimously.
(File Res. No. 2011-766)
4. Action on a proposed resolution authorizing the acquisition and demolition of property located
at 513 Linn Street. Councilmember Rashkin moved to adopt said resolution, seconded by
Councilmember Steeber and passed unanimously. (File Res. No. 2011-768)
5. Action on a proposed City Council policy establishing residency requirements for members of
City committees. Councilmember Brunner moved to approve said policy with City of Janesville
residence preferred but not required, seconded by Councilmember Steeber and passed
unanimously. (Council Policy No. 86)
6. Confirm Council President appointment of Councilmember Brunner to the Alcohol License
Advisory Committee. Councilmember McDonald moved to confirm said appointment, seconded
by Councilmember Rashkin and passed by the following vote: Aye: McDonald, Perrotto, Rashkin,
Steeber, Truman and Voskuil. Abstain: Brunner.
7. A proposed ordinance amending the City of Janesville Subdivision Ordinance to change time
limit requirements for plats was introduced, referred to the Plan Commission and scheduled for a
public hearing on February 28, 2011. (File Ord. No. 2011-474)
8. Requests and comments from the public on matters which can be affected by Council action.
Ty Bollerud, 419 S. Walnut St., asked the Council to use local contractors to rehab homes and to
investigate hydro-electric power generation. Andreah Briarmoon, 339 S. Locust St., disagreed
with Council’s action to demolish the house located at 513 Linn St.
9. Matters not on the Agenda. Council President Voskuil asked Councilmembers interested in
serving on the Leisure Services Committee to let her know. She also asked Neighborhood
Services to provide the criteria used for recommending demolition of a structure. Councilmember
Rashkin stated Neighborhood Services staff is doing a good job with the home rehabilitation
program.
10. Councilmember Steeber moved to adjourn, seconded by Councilmember McDonald and
passed unanimously.
There being no further business, Council adjourned at 8:48 p.m. These minutes are not official
until approved by the City Council.
David T. Godek
Deputy Clerk-Treasurer
JANESVILLE CITY COUNCIL
LICENSE AGENDA
2/14/2011
RECOMMENDED
A. ELECTRICIAN–ORIGINAL
Shawn A. Clifton 2829 Royal Ave., Madison, WI
Ernest G. Pulvermacher P.O. BOX 56 Princeton, WI
B. SIGN ERECTOR–ORIGINAL
Graphic House, Inc.
Hugh Hartinger 9204 Packer Dr., Wausau, WI
C. YOUTH ENTERTAINMENT CENTER–ORIGINAL
Decisions Teen Lounge, LLC d/b/a Decisions
Donta T. Evans 18-24 S. River St.
D. ORIGINAL CLASS A INTOXICATING LIQUOR AND FERMENTED MALT BEVERAGE LICENSE
J and R Liquor, Inc. d/b/a J and R Liquor
Randip P. Singh 1621 W. Court St.
E. ORIGINAL CLASS B INTOXICATING LIQUOR AND FERMENTED MALT BEVERAGE LICENSE
Los Amigos LLC d/b/a Los Amigos
Maximo Arriaga 2624 E. Milwaukee St.
Kemper Sports Management, Inc. d/b/a Blackhawk Golf Course
Jacqulyn M. Lee 2100 Palmer Dr.
Kemper Sports Management, Inc. d/b/a Riverside Golf Course
Jacqulyn M. Lee 2100 Golf Course Rd.
JANESVILLE POLICE DEPARTMENT MEMORANDUM
January 25, 2011
TO: City Council
FROM: David J. Moore, Chief of Police
SUBJECT: Youth Entertainment Center License Approval
Executive Summary
Donta Evans has applied for a Youth Entertainment Center License with the City of
Janesville. This is a new license request for the business called Decisions and is to be
located at 18-24 S. River St. Mr. Evans is listed as the legal owner and manager.
Mr. Evans has no prior contacts with law enforcement that are of concern or would
disqualify Mr. Evans as a viable candidate. He has four relatively old entries in
Wisconsin Circuit Court Access for small claims cases, none of which should disqualify
Mr. Evans for this license request.
Mr. Evans listed in his business plan that he works at Franklin Middle School. Franklin
Middle School Resource Officer Brian Foster offered a positive review of Mr. Evans.
Officer Foster said that in his opinion Mr. Evans should pursue a teaching degree and
that he is great with the kids. Officer Foster said that Mr. Evans is strict with the
students, but understands them and is well respected by students and staff.
Two issues in Mr. Evans’ business plan warrants clarification. Mr. Evans mentions that
“All teens and vehicles will be searched upon entering venue and parking lot.” When
addressing his security plan, he states that “Only professional and well trained Security
and Police Officers will be hired.” I called Mr. Evans regarding the issues. Based upon
our conversation, Mr., Evans understands that a search of a person’s vehicle on public
property will be difficult to accomplish. Further, Mr. Evans understands that Janesville
police officers will not be available for employment by Decisions.
Department Recommendation
The police department recommends approval of this Youth Entertainment Center
License request.
City Manager Recommendation
Based on the information received, the City Manager concurs with the police department
recommendation.
cc: Eric Levitt, City Manager
Jay J. Winzenz, Assistant City Manager
1
Community Development Department Memorandum
February 14, 2010
TO: Janesville City Council
FROM: Brad Schmidt, AICP, Associate Planner
SUBJECT: Final CSM 11001-C, City of Janesville, 2 lots on State Street
SUMMARY
Al Draper has requested the approval of a 3.64 acre, 2-lot Survey. Lot 1 of the Survey
includes an existing single-family residence fronting West State Street. Lot 2 is
currently vacant and will likely be further subdivided in the future. Presently, there are
no plans to develop Lot 2 at this time. The survey includes a 70 foot right-of-way
dedication for the extension of Lapham Street and 35 foot one-half right-of-way for a
portion of Chatham Street. The subject property is zoned R1, Single and Two-Family
Residence District.
DEPARTMENT RECOMMENDATION
The Plan Commission and Community Development Department recommend that the
City Council support a motion to approve Final CSM 11001-C subject to the following
conditions:
1. Payment of assessments for storm sewer ($16,350.87), sidewalk ($16,007.88) and
street lights ($3,250.23) installations as calculated by the Engineering Department
and money in-lieu-of parkland dedication ($1,389.00)
2. Payment of any outstanding special assessments or taxes owed (the applicant
should contact the City Clerk’s office regarding this item).
CITY MANAGER RECOMMENDATION
The City Manager concurs with the recommendation.
ANALYSIS
A. The lots created by this survey comply with the standards of the Subdivision
Ordinance, the R1 Zoning District in which the site is located and approved plans for
the area.
B. The necessary street right-of-way for Lapham and a portion of South Chatham Streets
are being dedicated by the survey. Additional right-of-way for Chatham Street south
of Lapham Street will need to be dedicated if Lot 2 is further subdivided.
C. The survey is subject to special assessments for the installation of storm sewer in the
amount of $16,350.87 and street lights in the amount of $3,250.23.
D. Sidewalks are planned for the Lapham Street frontage of Lots 1 and 2 and Chatham
frontage of Lot 2; therefore, sidewalk assessments ($16,007.88) will be collected with
the survey. The standard note regarding those improvements is included on the
survey.
E. Approved plans for the area do not delineate the need for parkland dedication from the
subject site. As such, payment of money in-lieu-of parkland dedication ($1,389.00) is
required for Lot 2, which creates a new residential development site. Lot 1 is exempt
at this time since it is already developed. If Lot 1 is further divided to create a new
development site, the parkland dedication requirement will apply to that portion of the
Lot.
F. The survey reflects existing easements located on the property. In addition, standard
utility easements as requested by the Engineering Department and those companies
having rights to serve the area have been added to the survey.
G. The applicant should contact the City Clerk’s office for information on any outstanding
special assessments that may come due as a result of this survey.
PLAN COMMISSION ACTION – 7 February 2011
The Plan Commission unanimously agreed to forward Final CSM 11001-C to the City
Council with a favorable recommendation subject to the conditions listed in Section I.
cc: Duane Cherek
CITY MANAGER DEPARTMENT MEMORANDUM
February 9, 2011
TO: City Council
FROM: Eric J. Levitt, City Manager
SUBJECT: Discussion/possible action on proposed renovations to
Janesville Ice Skating Center.
Summary / Background
In 2008, the City performed some preliminary evaluations of issues and possible
deficiencies at the ice rink. During the spring of 2009, the City experienced
several small failures and one large failure of the ice cooling system. In addition,
there have been some continual structural concerns with the facility including the
roof. Temporary repairs have been completed over the last year while a review
of the current ice rink status has been on-going.
A group of Janesville residents began developing a proposal to form a
partnership with the City of Janesville to build a new rink rather than renovate the
current rink. The proposed rink was proposed in several sites. The proposed
partnership evolved over the summer 2009. The proposal on October 262009
had the following elements:
The building and one sheet of ice would cost approximately $4 million (not
including land).
The expansion to a second sheet of ice would cost approximately an
additional $1 million.
The City is requested to commit an initial $2 million and an additional
$500,000 when funds are raised for a second sheet of ice.
The proposal projected the City to close its current $85,000 actual subsidy
to a $0 operational subsidy when 2 sheets of ice are operational.
The proposal discusses the expansion of users at the current rink over the
last year
The City Manager indicated to the group that due to concerns with
competitive bidding, it would be his recommendation that if the City had
ownership and responsibility for the operations of the facility that he
believes that it would be best to competitively bid the project management
and construction.
The City Council in October approved $2 million in public funds for a one-sheet
ice rink and up to $2.5 million in public funds for a two-sheet ice rink if private
funds were raised to complete the facility. It was also approved to place the rink
on the South side after discussion on location. The City currently has $2 million
available for the rehabilitation of the current rink, the construction of a new rink or
other eligible uses.
The City contracted with an outside firm, Rink Management Services
Corporation, during the Spring 2010 for approximately $10,000 to do an overview
evaluation of the current rink and the plans to construct a new rink. Typically to
perform an intensive study of the current rink and evaluate the feasibility of a new
facility would cost between $30,000 and $60,000. However, the City Manager
believed that an abbreviated study for under $10,000 would provide enough valid
information to provide a more informed decision.
The Janesville Ice Rink Evaluation Committee reviewed the recommendation of
the outside consultant and then evaluated potential increased revenue sources.
This report is attached.
The City Council extended the deadline for the private group to come forward
with $1.5 million in matching funds to December 31, 2010 (which was estimated
to be 75% of the required matching funds).
After receiving confirmation that the outside group was unable to come up with
the matching funds, the City Manager requested that Engineering provide the
City Council with 3 estimates based on three levels of improvements to the ice
center. Those estimates are attached. These estimates are based on estimates
in construction on a general guideline of improvements.
City Manager Recommendation:
I recommend that the City Council move forward with renovating the current ice
rink. I will lay out the elements of my recommendation.
1. My first recommendation is that the City Council provide direction on
which level of improvements that the City Council would prefer that we
move forward with.
a. The basic option would improve the operations of the facility and
ice, but would not enhance any of the amenities. This is a basic
improvement and is the intended improvement discussed
approximately 2 years ago. It would be less than $1.5 million and
would leave $500,000 for property acquisition. Looking toward the
future, this level of improvement would be best if you plan to build a
new facility in the next 10 years.
b. The Intermediate option. Would provide enhancements that would
benefit the direct users of the facilities, but would either require
outside funding assistance or reduce the amount available of
2
existing funds for property acquisition and construction of the fire
facility.
c. The Long-term option would be best utilized if you plan to continue
to utilize the facility out 10 to 20 years. This option would likely use
the entire $2 million and may require additional borrowing.
2. I would recommend that the City Council provide clear direction. One
bid out the basic option, but
recommended direction would be to
provide for alternative bids on the other two options to evaluate
pricing
. If you do follow this recommendation, I recommend that you
clearly communicate what your preference is related to funding so that
when we work with the user groups on design issues, there is a clear
understanding of the parameters.
3. I believe the first step after your decision would be for the City to hire a
firm to design the improvements and then establish a user group
committee appointed by the City Manager to work with the City on the
design. The Ice Center Advisory Group’s mission is to discuss issues
related to operations and not the design of a new facility.
4. The City would anticipate construction in 2012. There may be areas that
would need repair attention in the interim, but this would be more cost
effective for instance than putting in the mechanicals this year and then
having to relocate them next year based on a different design.
5. Finally, my objective is to time the construction for the time period
between mid-April 2012 and September 1, 2012. If additional time is
needed, my goal is to have work that effects the ice surface occur during
that time period in order to have activity on the ice in September 2012.
3
Potential Revenue Gain
______________________________________________________
Projected Revenues
2010 Increase for 2 sheets Projected Totals
Public Totals $34,000 $31,000 $65,000
Program Totals $33,000 $ 4,000 $37,000
Youth Hockey $84,000 $65,000 $149,000
Janesville Jets $27,000 $8,000 $35,000
Ice Rentals $58,000 ---0--- $58,000
Figure Skating $12,000 $68,000 $80,000
Concession $5,000 $2,000 $7,000
Bluebirds/Fury H.S. ---0--- $25,000 $25,000
Pro Shop $1,000 $500 $1,500
$254,000 $457,500
DEPARTMENT OF PUBLIC WORKS MEMORANDUM
February 3, 2011
TO: Eric Levitt, City Manager
FROM: Mike Payne, Engineering Manager
SUBJECT: Conceptual Ice Center Renovation Budget Ranges
Carl Weber and I worked with Angus Young Associates to define three options for
renovating the existing Ice Center facility. The following summarizes three options
accompanied by a range of costs:
Basic Option ($1,000,000 to $1,300,000)
Mechanical and structural improvements including repair or
o
replacement of the following components:
Ice making system
Roof
Fire suppression system
Lights over ice surface
Boiler
Dehumidification system
South block wall
Fire doors
Miscellaneous mechanical and structural components
Intermediate Option ($1,305,000 to $1,715,000)
Basic Improvement items
o
Building expansion to relocate mechanical room and zamboni area
o
Renovation of existing mechanical and zamboni areas to create
o
additional locker room space including restroom/shower facilities
Long Term Option ($2,365,000 to $3,035,000)
Basic Improvement items
o
Intermediate Improvement items
o
Expanded seating
o
Expanded parking for increased capacity
o
Expanded restroom facilities to meet code for increased capacity
o
Expanded program and storage space
o
Attachments: conceptual plans for all three options
\\petey\cojhome\agenda review\approved agenda items\2011\02-14-2011\ice arena renovations - attach 2.doc
MEMORANDUM
February 8, 2011
TO: City Council
FROM: Dan Swanson, Sustainable Janesville Committee Chair
SUBJECT: Creation of a “Sustainable Janesville” awards program
The Sustainable Janesville Committee proposes creation of an annual award program
for the purpose stated below:
The Sustainable Janesville Awards program will reward, recognize and
promote innovation and leadership in sustainability shown by businesses
and by individual citizens of the City of Janesville
The attached documents include more detail, but to summarize:
-This would be an annual award, given at an April City Council Meeting (to
coincide with Earth Week).
-Nominations are made by submitting a form which goes to the Sustainable
Janesville Committee
-Nominations are made to the Sustainable Janesville Committee by using a
very simple form
-The form is accessed through the city’s web site
-In the first year, the Committee will make the selections. In subsequent years,
a selection committee will be formed that includes two members of the
Sustainable Janesville Committee plus members from the community
-The award is actually given to the recipient by City Council in the form of a
proclamation.
-The award will be a plaque constructed of bamboo (a rapidly renewable
resource) and will commemorate the organization or individuals’ efforts
toward sustainability
This award will be one strong part of an overall effort to “spread the word” about
sustainability in our community.
Other parts of this public information campaign include:
-a committee commendation program (which is a less formal way to
recognize smaller but important accomplishments by individuals and
community groups)
-a press release program to spread the word about award winners and other
actions taking place in the city that foster sustainability
-a committee web page with information about the City’s efforts and
sustainability in general
-formation of a subcommittee for public awareness
City Manager Recommendation:
The City Manager recommends Council support for the “Sustainable Janesville
Awards” program.
Action that we request of Council:
We are asking for Council’s concurrence (and formal approval if appropriate) on the
Sustainable Janesville Committee’s annual “Sustainable Janesville Awards” program
as outlined on the following pages.
Daniel A Swanson
Chair, Sustainable Janesville Committee
cc: Eric Levitt, City Manager
Al Hulick, Management Analyst
Sustainable Janesville Awards Program 2011
The Sustainable Janesville Awards program will reward, recognize and promote
innovation and leadership in sustainability shown by businesses and by individual
citizens of the City of Janesville. Recipients of this prestigious award will be recognized
by the President of the City Council as a Sustainability Leader and will receive a
plaque at the meeting of the Janesville City Council held closest to Earth Week.
Background:
On May 27, 2008, the City Council declared Janesville an “Eco-Municipality,” and
formally adopted these sustainability objectives as official municipal guiding policy:
Reducing dependence on fossil fuels, and extracted underground metals
and minerals.
Reducing dependence on chemicals and other manufactured substances
that can accumulate in nature.
Reducing dependence on activities that harm life-sustaining ecosystems.
Meeting the hierarchy of present and future human needs fairly and
efficiently.
Judging:
The Sustainable Janesville Committee will select one or more award winners from the
pool of nominees at the committee’s regular March meeting.
Any individual may nominate a Janesville Business or citizen who has demonstrated a
commitment to sustainability, has shown continuous improvement in their sustainability
efforts, or has shown achievement in a sustainability issue.
The following will be among the achievement areas considered:
Green Building
-
Education and Awareness
-
Renewable Energy or Energy Efficiency
-
Solid Waste Minimization & Recycling
-
Use of Renewable Resources
-
Vehicle Miles traveled, Fuel Consumption
-
Water Conservation
-
Environmental Policies in Place and in Practice.
-
Other Sustainability Issues
-
How to Make a Nomination:
A downloadable form is available on the City’s website. Fill the form out and submit to
the Sustainable Janesville Committee, in care of Al Hulick.
The Sustainable Janesville Committee will select one or more award winners from the
pool of nominees at the committee’s regular March meeting.
Please keep your response to questions to a 250 word maximum. Nominations will be
judged on their individual merits, but if possible, provide supporting information for
claims made, which can be submitted with a separate file attachment.
Form that is located at:
http://www.ci.janesville.wi.us/citysite/SustainableNominationForm.aspx
NEIGHBORHOOD SERVICES MEMORANDUM
February 4, 2011
TO: City Council
FROM: Jennifer Petruzzello, Neighborhood Services Director
SUBJECT: Action on a Proposed Resolution Authorizing the filing of an
application with the Wisconsin Department of Commerce for
Neighborhood Stabilization Program 3 (NSP3) Grant Funding (File
Resolution 2011-773)
Summary:
The Administration is seeking the Council’s approval to apply for Neighborhood
Stabilization Program 3 (NSP3) grant funding. Similar to the original NSP
Program, NSP 3 grants are to be used to purchase foreclosed or abandoned
homes and to rehabilitate, resell, or redevelop these homes in order to stabilize
neighborhoods and stem the decline of house values of neighboring homes. The
City is proposing to request up to $1 million in funding to be used for
neighborhood stabilization efforts.
Department Recommendation:
The Neighborhood Services Staff is recommending that the City Council approve
a Resolution 2011-773 authorizing the filing of an application with the Wisconsin
Department of Commerce for Neighborhood Stabilization Program 3 (NSP3)
Grant Funding.
City Manager Recommendation:
The City Manager concurs with the Neighborhood Services Department
recommendation.
Suggested Motion:
I move to approve File Resolution #2011-773, authorizing the filing of an
application with the Wisconsin Department of Commerce for Neighborhood
Stabilization Program 3 (NSP3) Grant Funding.
Background:
The Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) of 2010
created the Neighborhood Stabilization Program 3, under which states, cities and
counties will receive a total of $1billion to acquire, rehabilitate, demolish, and
redevelop foreclosed and abandoned residential properties that might otherwise
become sources of abandonment and blight within their communities.
1
The U.S. Department of Housing and Urban Development (HUD) has made a
total of $5 million available to the State of Wisconsin. This compares to $39
million under the original NSP program.
In order to focus efforts on the areas of greatest need, the State has established
6 Criteria that must be met in order to apply for these funds:
1. Must be a current NSP1 grantee. Rock County Consortium
(along with the City of Beloit)
2. Must have achieved satisfactory Criteria met. Janesville has acquired 7
performance on NSP1 as of 6/30/10 homes for rehabilitation (contracts
and 8/15/10. awarded), 5 properties for demolition
and 1 property assisted through a
partnership with Community Action.
3. Must sign up for the FHA “First Look” Criteria met. This program allows NSP
Program. recipients an opportunity to view
properties prior to the public and at a
10% discount from the appraised
value.
4. Must have a maximum of 2 census Census Tract 3 (commonly known as
th
tracts per applicant that have a risk the 4 Ward) has the highest risk score
score of 13 or above, must have at within the City at 16, 93.39% of
least 51% of persons at ≤ 120% persons at ≤ 120% CMI, and must
County median income (CMI), and undertake a minimum of 5 projects
must be able to achieve neighborhood (properties) to meet impact. Beloit has
impact as defined by HUD. selected Census Tract 16.
5. Activities must be structured so that Application will be structured this way.
50% of grant funds are expended by A partnership is proposed with
12/31/2012 and 100% of funds are Wisconsin Partnership for Housing
expended by 12/31/2013. Development to ensure we have
sufficient capacity to meet these
expenditure deadlines.
6. 30% of Housing dollars must benefit Application will be structured this way.
households ≤ 50% of CMI. A minimum of 2 homes will be sold to
households ≤ 50% of CMI.
Based upon these criteria, six grantees are eligible to apply and five applicants
are expected to apply: City of Kenosha, Milwaukee County Consortium, Prairie
du Chien Downtown Revitalization, Inc., City of Racine and the Rock County
Consortium (Beloit and Janesville).
There is no required local match for this program, however, the City would
propose to utilize other resources where appropriate to maximize the impact to
this neighborhood, including: Lead Hazard Reduction Demonstration funds, Note
issue funding to demolish blighted property and to provide a site for a newly
constructed home.
2
The grant application is due February 21, 2011. Funding could be available as
early as June 30, 2011.
The categories of eligible NSP activities include:
Purchase and rehabilitation of homes and residential properties that have
been abandoned or foreclosed upon, in order to sell, rent, or redevelop
such homes and properties for eligible households;
Establishment of land banks for foreclosed homes;
Demolition of blighted structures;
Redevelopment of demolished or vacant properties;
All activities assisted must benefit low, moderate and middle income households,
which includes individuals at 120% of the adjusted median income or below.
However, at least 30% of total grant funding must benefit households <50% of
median income. Up to 7.5% of the funding request may be used to support
program administration.
Grant Proposal:
For the City of Janesville’s portion of the Rock County Consortium application, a
collaboration is proposed with the Wisconsin Partnership for Housing
Development, Inc. The Partnership is a non-profit organization which has been in
existence for 25 years with a mission of providing affordable housing and
neighborhood revitalization services. They have also served as Technical
Assistance providers for Housing and Urban Development Programs, including
NSP. Specifically as it relates to NSP1, the Partnership has worked with the City
of Appleton, Waukesha County, NW Wisconsin Consortium, and the City of
Madison. They have experience in doing substantial rehabilitation projects,
including: kitchen, bath, energy efficiency improvements, exterior improvements
and lead abatement.
Under the proposed collaboration, the Wisconsin Partnership for Housing
Development would serve as a developer. They would enter into a developer’s
agreement with the City. Under this agreement, the Partnership would be
responsible for purchasing the properties, coordinating the rehabilitation, and
selling the properties. The City would be responsible for overall program
administration. If the City is awarded this grant, the proposed developer’s
agreement would come back before the City Council for approval.
The City will propose to utilize grant funds for a combination of:
Buy, rehabilitate and resell foreclosed homes for home ownership,
Direct homeownership assistance,
Redevelopment of vacant properties,
Program administration.
3
At the time this memo is being prepared, the City intends to request funding to
purchase, rehabilitate and resell 6 homes, construct one new home, and provide
down payment assistance to 7 households. As the homes are resold, additional
properties will be purchased consistent with these goals.
cc: Eric Levitt, City Manager
Jay Winzenz, Assistant City Manager and Director of Administration
4
RESOLUTION NO. 2011-773
A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE
WISCONSIN DEPARTMENT OF COMMERCE
FOR NEIGHBORHOOD STABILIZATION PROGRAM 3 (NSP3) GRANT FUNDING
WHEREAS
, the Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) of
2010 created the Neighborhood Stabilization Program 3 (NSP3) for emergency
assistance for redevelopment of abandoned and foreclosed homes and residential
properties; and
WHEREAS,
funds may be used to acquire, rehabilitate, demolish, and redevelop
foreclosed and abandoned residential properties that might otherwise become sources
of abandonment and blight within their communities; and
WHEREAS,
the State of Wisconsin has received a total of $5,000,000 to implement a
NSP 3 Program on a state-wide basis; and
WHEREAS,
funding will be allocated by the State to the areas of greatest need,
including those with the greatest percentage and number of home foreclosures; the
highest percentage of homes financed by subprime mortgage related loans; and
identified as likely to face a significant rise in the rate of home foreclosures; and
WHEREAS,
the City of Janesville has a need for Neighborhood Stabilization funds as
evidenced by the number of home foreclosures in our community, our vacancy rate, and
our unemployment rate; and
WHEREAS,
there is no local match requirement for NSP, however, grantees are
encouraged to use other sources of funds to complement the proposed activities under
NSP and contribute to a comprehensive community development/neighborhood
redevelopment project which will lead to neighborhood stabilization; and
WHEREAS,
the recently approved Neighborhood Plans for the Historic Fourth Ward
and Look West neighborhoods support housing redevelopment; and
WHEREAS
, the Common Council of the City of Janesville find that it is in the best
interest of the city, its properties, businesses, and overall community to allocate staff
and funding resources, such as this grant if awarded to the City of Janesville, towards
neighborhood stabilization efforts; and.
WHEREAS,
the City is seeking up to $1,000,000 in funding through the NSP 3 Grant to
be used for neighborhood stabilization efforts.
NOW, THEREFORE BE IT RESOLVED
by the Common Council of the City of
Janesville that the City Manager and/or his designee is/are hereby authorized and
directed to submit an application to the Wisconsin Department of Commerce for said
NSP3 Grant including, but not limited to, all certifications; and that the City Manager
and/or his designee is/are authorized to act in connection with the application, to
provide such additional information, and to take other actions from time to time and at
any time as may be required and/or desirable to administer the program in accordance
with all applicable State and Federal regulations; and
BE IT FURTHER RESOLVED,
that the City Manager and his designees are hereby
authorized to negotiate, draft, prepare, execute, file, and modify such other documents,
papers, and agreements ancillary and/or pertaining thereto and, from time to time, to
take and/or make whatever other minor actions and/or minor modifications to the above
described agreements and processes as the City Manager and/or his designee may
deem necessary and/or desirable to effectuate the purposes of such grant, agreements,
and/or the intent of this Resolution.
ADOPTED:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
McDonald
Perrotto
Eric J. Levitt, City Manager
Rashkin
Steeber
ATTEST:
Truman
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by: Neighborhood Services Director
Prepared by: Neighborhood Services Director and
City Attorney
ADMINISTRATIVE SERVICES MEMORANDUM
February 7, 2011
TO: City Council
FROM: Patty Lynch, Comptroller
Rebecca Smith, Management Assistant
SUBJECT: Action on a Proposed Resolution Authorizing a 2010 General Fund
Supplemental Appropriation (File Resolution #2011-772)
Summary
The 2010 General Fund budget results indicate that council action is necessary to
provide a budget amendment for funding of Leisure Services. The Leisure Services
group of budgets has exceeded its budget appropriation due primarily to equipment
operation/maintenance, recreation partnerships, and Ice Skating Center consultant
expenses. Council action is required to provide a supplemental appropriation in
accordance with Council Policy Statement 58.
Department Recommendation
Staff recommends Council adopt Resolution #2011-772 authorizing supplemental
appropriation for the Leisure Services budgets.
Suggested Motion
Move to adopt File Resolution #2011-772.
City Manager Recommendation
Overall I believe the 2010 year end results are positive. The City was able to increase
funding into the fund balance of the General Fund. Major factors in this include
unanticipated one-time revenues, changes in our budgeting of areas such as snow
plowing and positive budget controls in public safety. Leisure Services was over
budget, but the factors that led to this are able to be reversed with different
management strategies and due to some of the expenses being one-time costs.
The City Manager recommends approval.
Budget Results
The preliminary 2010 General Fund operating results indicate that actual expenditures
are $515,093, or 1.2% under the amount appropriated. However, the Leisure Services
budget group is $45,154 or 1.6% over budget.
Amount
Percentage
Unexpended
Unexpended
(Overexpended)
General Government
$237,065 7.0%
Public Safety
(including Police and Fire)
264,638 1.2%
Public Works
(including Public Works Administration,
Engineering, Street Maintenance & Repairs, Public
7,172 0.1%
Buildings and Parking Facilities, Traffic Management,
Transit Subsidy)
Leisure Services
(including Leisure Services
Administration, Senior Citizens Center, Aquatics, Youth
(45,154) -1.6%
and Adult Recreation, Parks, and Ice Skating Center)
Community Development (including Economic
Development, Community Development and Property
17,989 1.2%
Maintenance)
Other
(including Economic Adjustments, Employee
Fringe Benefits and Insurance, Contingency Account,
29,188 3.1%
and Special Assessments Transfer)
General City Debt Service
4,195 0.1%
TOTAL
$515,093 1.2%
Budget Adjustment
In accordance with Council Policy Statement 58, when the adopted program
appropriation does not contain sufficient funds, such funding may be provided by
council action. The supplemental appropriation may be funded by transfers from other
program appropriations or by appropriation from the General Fund’s undesignated fund
balance. To be in accordance with the budget policy, each program, or group of budgets
as listed above, must be within the adopted budget resolution amount. Since the
Leisure Services program is over budget in 2010, council action is needed to provide a
supplemental appropriation.
In previous years, budget adjustments were structured with a combination of
supplemental appropriations and budget transfers because of limitations imposed by the
State Shared Revenue-Expenditure Restraint Program. The 2010 General Fund
operating budget, as originally adopted, was $2,039,862 under the expenditure restraint
limit. Since there is ample room within the expenditure restraint program, we are
requesting to increase the 2010 Leisure Services budgets by $50,000.
Leisure Services
The 2010 Leisure Services budgets exceeded the budget appropriation by $45,154, or
1.6% greater than the 2010 budget of $2,873,042. Staff has performed analysis to
determine the reasons for the over expenditures.
For Parks, the overages are primarily related to equipment rental costs for work on a
few unplanned special projects and for equipment rental costs to respond to unsafe tree
situations. Projects include relocating a hiking trail that was found to be incorrectly on
private property; dog run clearing at Palmer Park; building retaining walls at Riverside &
Lustig Parks; and rubber surface repairs at Rockport Park. Tree situations include
removing trees at the arboretum that were scraping school buses and the need for
immediate removal of three large, hazardous trees within the park system.
For Recreation, the overages are primarily related to the ice skating center consulting
fees, equipment repairs, and recreation partnerships. At the February 22, 2010 meeting,
2
the Council chose to approve up to $10,000 to evaluate the City’s current facility and the
feasibility of a new facility. The actual cost for the consultant was about $6,475. The
Division also had to repair the compressors for the ice making system ($5,500) and
purchase a floor scrubber for maintenance of the center ($3,900). Recreation
Partnerships was also over expended by $9,658 due to Midwest Adventure Group
rental equipment purchases for Summer activities at Lions Beach and Traxler Park.
In both parks and recreation, funding for salaries and hourly wages, including overtime,
were within budget.
Fund Balance Analysis
The preliminary 2010 budget reports indicate favorable results for both revenues and
expenditures. Instead of a drawdown of fund balance of $850,000 as budgeted, the
2010 fund balance will increase by approximately $262,000.
Revenues are approximately $597,000 over budget (1.5%). The Transfers In revenue
account is approximately $388,000 over budget due to the closure of certain Special
Revenue accounts. All other revenues combine for a net revenue over-realization of
$209,000.
Expenditures are roughly $515,000 under budget (1.2%), primarily due to the General
Government and Police expenditures under the budgeted amount.
Approval of the supplemental appropriation does not impact the fund balance at year-
end. Fund balance change is based upon the actual revenue and expenditures, as
shown in the table below.
General Fund
Changes in Fund Balance
Last Five Fiscal Years
20062007200820092010
Revenue$ 37,586,029$ 39,296,706$ 39,922,962$ 40,642,421$ 41,165,350
Expenditures 37,208,723 39,473,648 40,963,454 41,186,393 40,902,906
Net change in fund balance 377,306 (176,942) (1,040,492) (543,972) 262,444
Fund balance -beginning of year 8,614,371 8,991,677 8,814,735 7,774,243 7,230,271
Fund balance -end of year$ 8,991,677$ 8,814,735$ 7,774,243$ 7,230,271$ 7,492,715
With the approval of this supplemental appropriation, the 2010 General Fund
expenditure budget will increase by $50,000 to $41,467,999.
cc: Jacob J. Winzenz, Director of Administrative Services
Eric J. Levitt, City Manager
3
RESOLUTION NO. 2011-772
A RESOLUTION AUTHORIZING A 2010 GENERAL FUND SUPPLEMENTAL
APPROPRIATION
WHEREAS
, the City’s 2010 budget for the purpose of Leisure Services has been
over expended primarily in areas of vehicle/equipment operation/maintenance, Ice Skating
Center consultant expenses, and Recreation Partnerships; and
WHEREAS,
the Common Council finds that it is in the best interest of the City to
provide supplemental funding for such activities; and
WHEREAS,
Council Policy Statement #58 requires the Council’s approval to amend
the current year’s budget to provide funding when the adopted program appropriation does
not contain sufficient funds; and
WHEREAS
, it is within the authority of the Common Council, pursuant to Section
65.90(5)(a), Wisconsin Statutes to authorize and direct such supplemental appropriations.
NOW, THEREFORE, BE IT RESOLVED,
by the Common Council of the City of
Janesville that all of the above recitals are incorporated herein by reference as if fully set
forth verbatim; that pursuant to Section 65.90 (5)(a) of the Wisconsin Statutes, the
Common Council of the City of Janesville hereby authorize and direct that a supplemental
appropriation in the amount of $50,000 be and hereby is made from the General Fund’s
Undesignated Fund Balance and placed into the amended 2010 Leisure Services budget
accounts.
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: Administrative Services Department
Prepared by: Comptroller & Management Asst.
City Manager’s Office Memorandum
February 14, 2011
TO: Janesville City Council
FROM: Al Hulick, Management Analyst
Shelley Slapak, Acting Recreation Director
SUBJECT: Action on a Proposed Council Policy For Special Event Permits
(Council Policy 87).
Summary
At the January 28, 2011 meeting, the City Council directed staff to prepare
Council Policy language to address Special Event Permit Fee Waivers. Staff has
created Council Policy 87 (Special Event Permits) to establish a policy for
Special Event Permits as directed by the City Council. Council Policy 87, as
attached, formally waives all Special Event Permit Fees for the following types of
events:
1. All events in which the City is in sole discretion of the events production
and implementation, or
2. Events hosted by a “Friends Group” in which the event’s sole intent is to
benefit a City Facility, or
3. All Veterans Group Events that honor Armed Forces Veterans.
Staff Recommendation
City Staff recommends that the City Council adopt Council Policy 87 (Special
Event Permits) which establishes a policy for Special Event Permits.
City Manager Recommendation
The City Manager concurs with the recommendation.
Suggested Motion
To make a motion to adopt Council Policy 87 (Special Event Permits) which
formally establishes a policy for Special Event Permits.
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 (see
attached Special Event Permit Application). It is important to note that these fees
attempt to recover all City costs associated with the event, but rarely match the
actual costs. However, historically the City has not charged a special event fee
for School District events held at athletic facilities, Veterans events, or events
that the City of Janesville hosts or co-sponsors.
In the Fall of 2010, the City Council asked that staff provide information regarding
Special Event permit waivers for the past several years. At the January 28, 2011
meeting, the City Council directed staff to prepare Council Policy language to
address Special Event Permit Fee Waivers that would formally waive fees for all
City Sponsored events, all “Friends Groups” events, and Veterans Groups
events, and all Rock County events that take place on Courthouse Park
Since that time Staff has researched Councilmember Steeber’s concerns
regarding Rock County sponsored events being charged a fee for the use of
Courthouse Park. Councilmember Steeber indicated that it was his
understanding that Rock County was responsible for the maintenance of Court
House Hill Park and therefore was concerned that the County was being charged
for the use of a park facility that was owned and maintained by the County.
According to the a 1863 agreement between the City of Janesville and Rock
County, Courthouse Park is owned by Rock County, but the City of Janesville
maintains this park (See attached Agreement). The City is responsible for trash
pickup, mowing and several community and city-sponsored events take place
there each year. The County does not provide the City any funds to maintain this
park. Therefore, Staff felt it was appropriate to continue to charge Rock County
for the use of Courthouse Park to help recoup those costs associated with the
maintenance, equipment rentals, trash service, and any other labor associated
with an event taking place in Courthouse Park.
Staff has created Council Policy 87 (Special Event Permits) to establish a policy
for Special Event Permits as directed by the City Council. Policy 87, as attached,
formally waives all Special Event Permit Fees for the following types of events:
1. All events in which the City is in sole discretion or co-sponsors the events
production and implementation, or
2. Events hosted by a “Friends Group” in which the event’s sole intent is to
benefit a City Facility, or
3. All Veterans Group Events that honor Armed Forces Veterans.
Staff feels it important to note that item Number 2 specifically denotes the event
must solely benefit a City Facility. Staff believes this is an important provision
which provides a defined parameter to issue a waiver.
The City Council will continue to reserve their right to hear and grant any fee
waiver request from any other group not governed by Council Policy 87.
cc: Eric Levitt
Jay Winzenz
CITY OF JANESVILLE Policy No. 87
Page 1 of 1
CITY COUNCIL POLICY STATEMENT
Date Issued 2/14/11
General Subject: Administration
Specific Subject: Special Events Effective Date 2/14/11
Permits
Cancellation Date
Supersedes No.
PURPOSE:
To clarify, record, and establish City policy on Special Event
Permits.
STATEMENT OF POLICY:
Special event applications and permit fees are required whenever
an event takes place on City property.
SPECIAL EVENT PERMIT FEES:
Special Event Permit Fees include all costs associated with the
type of event, the length of the event, the number of event
attendees, which facility is being rented, any equipment rented,
and any scheduled or unscheduled work completed by City Employees
in preparation for the event or clean up and/or repairs after the
event.
SPECIAL EVENT PERMIT FEE EXEMPTIONS:
All events that take place on City property are required to
submit a Special Event Application. However, the following
events are exempt from Special Event Permit fees:
1.All events in which the City is in sole discretion or
co-sponsors the events production and implementation,
or
2.Events hosted by a “Friends Group” in which the event’s
sole intent is to benefit a City Facility, or
3.All Veterans Group Events that honor Armed Forces
Veterans.
SPECIAL EVENT PERMIT FEE WAIVERS:
The City Council reserves the authority to waive any portion of
any Special Event Permit Fee
City Manager’s Office Memorandum
February 14, 2011
TO: Janesville City Council
FROM: Al Hulick, Management Analyst
SUBJECT: Action on a proposed resolution authorizing the City Manager to
apply for the 2011 Paint Your City Green Grant. (File Resolution
No. 2011-774).
Summary
The City of Janesville is submitting an application for the 2011 Paint Your City
Green Award offered by the Sherri May Company. The program is open to cities,
towns and municipalities with a population of 45,000 to 500,000 looking to make
a positive impact on the environment and encourage sustainability by changing
simple habits and instilling new practices within their community. The winning
Community will receive a green marketing campaign package valued at $85,000.
This marketing package would be used to help educate the community on
various sustainability related initiatives and help market the City of Janesville to
new businesses and new residents as a progressive and proactive Green
Community.
There is no required financial match from the City for this award.
Staff Recommendation
The City Administration recommends the City Council authorize the submission
of an application for the 2011 Paint Your City Green Award.
City Manager Recommendation
The City Manager concurs with the recommendation.
Suggested Motion
To make a motion approves File Resolution 2011-774 authorizing the submission
of an application for the 2011 Paint Your City Green Award.
Background
The Paint Your City Green initiative is designed to help inspire residents to
change their behavior, engage in more sustainable practices and help meet new
standards for a healthy environment. The Paint Your City Green Award, offered
by Sherri May Company, is open to cities, towns and municipalities with a
population of 45,000 to 500,000 looking to make a positive impact on the
environment and encourage sustainability by changing simple habits and
instilling new practices within their community. The winning Community will
receive a green marketing campaign package valued at $85,000. This marketing
package would be used to help educate the community on various sustainability
related initiatives and opportunities and help market the community to new
businesses and new residents as one a progressive and proactive Green
Community.
The green marketing package includes brochures, mailing inserts, posters,
avenue banners, print advertisements and billboard designs. This award also
covers: concept, layout, design, stock or existing/stock photography or
illustration, copywriting, digital in-house proofs, art direction, account service
charges, proofreading and press proofing. The package takes into account the
planning phases and the web/interactive materials including copywriting,
layout/design and account services.
By receiving this prize, the winning community agrees to take responsibility of
implementation of said campaign starting May 1, 2011. The winning community
will be required to provide a status update report every three months throughout
the 9 to 12 month period that the campaign is implemented. The winning
community will be encouraged to circulate details of project progress through
social media. Assistance will be provided to winner to help engage residents and
local media. The winning community will also participate in a monthly
communication on the project’s progress.
Applications are due on February 28, 2011 and are submitted electronically. The
City is not required to provide any matching funds if awarded.
cc: Eric Levitt
Jacob Winzenz
RESOLUTION NO. 2011-774
A RESOLUTION authorizing the City of Janesville’s submission of an application for the
2011 Paint Your City Green Award.
WHEREAS, the Common Council of the City of Janesville look to make a positive
impact on the environment and encourage sustainability by changing simple habits and
instilling new practices within the community; and
WHEREAS, by adopting this Resolution, the Common Council declare their intent for
the City Administration to an apply for the Sherry May Company 2011 Paint Your City
Green Award which would provide the City of Janesville a Green Marketing Package
valued at $85,000; and
WHEREAS, the Common Council of the City of Janesville recognize that this marketing
package would be used to help educate the community on various sustainability related
initiatives and opportunities and help market the community to new businesses and new
residents as a progressive and proactive Green Community; and
WHEREAS, the City of Janesville will maintain records documenting all expenditures
made during the award period and abide by the necessary reporting responsibilities as
determined by the Sherri May Company; and
WHEREAS, the City of Janesville will work cooperatively with employees, agents, and
representatives of the Sherri May Company during the award period; and
WHEREAS, the City of Janesville intends to comply with all requirements of and will
submit all documents and participation requirements, to the Sherri May Company; and
WHEREAS, the Common Council find that the submission for and use of this Award will
be in the best interests of and benefit to the City, its properties, its residents, and
taxpayers.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Common Council of the City
of Janesville that:
1. Each of the above introductions and recitals are incorporated herein by reference
as if fully set forth verbatim; and
2. The City Administration is authorized on behalf of the City of Janesville to
prepare and submit applications for, and request funds and assistance available from,
the Sherry May Company 2011 Paint Your City Green Award; and
3. The City of Janesville shall take any and all necessary actions to undertake,
direct, and complete approved award activities, and comply with the Sherry May
Company 2011 Paint Your City Green Award program; and
BE IT FURTHER RESOLVED, that the City Manager and his designee(s), on behalf of
the City of Janesville, are hereby jointly and severally authorized and empowered to
negotiate, draft, review, revise, modify, amend, execute, enter into, file, and/or record
additional applications, agreements, amendments, documents, reports, and letters of
understanding concerning this matter; and to take whatever additional other actions that
the City Manager may determine in his sole discretion, from time to time and at any
time, necessary and/or desirable in the public interest 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:
City Attorney, Wald Klimczyk
Proposed by: City Manager’s Office
Prepared by: City Manager’s Office
CITY MANAGER’S OFFICE MEMORANDUM
February 8, 2011
TO: City Council
FROM: Eric J. Levitt, City Manager
SUBJECT: Action on a proposed resolution adopting Rock County’s Natural Hazard
Mitigation Plan Updated September 2010 to 2015
(File Resolution No. 2011-775)
Request
The City Manager requests Council consideration to adopt Rock County’s Natural
Hazard Mitigation Plan Updated September 2010 to 2015.
City Manager Recommendation
The City Manager recommends adoption of the plan. The plan needs to be adopted to
be eligible for future FEMA funding. This plan was previously adopted September 2010,
but a new resolution is requested to meet the format required by FEMA.
Suggested Motion
I move the Council approve File Resolution No. 2011-775 adopting the proposed
Hazard Mitigation Plan.
Background
In April 2009, Rock County applied for a planning grant to amend the 2004 Rock County
Natural Hazard Mitigation Planning Manual and Plan. Rock County received public
input in 2009 and early 2010. At the conclusion of the planning process, the draft plan
was submitted to Wisconsin Emergency Management for approval in March 2010. The
plan has since been approved and is updated for September 2010 to 2015.
CC: Eric Levitt, City Manager
Jacob J. Winzenz, Director of Administrative Services/ Assistant City Manager
RESOLUTION NO. 2011 - 775
Resolution Adopting the Rock County Hazard Mitigation Plan Updated September 2010 to 2015
WHEREAS, the City of Janesville recognizes the threat that natural hazards pose to people and
property; and
WHEREAS, undertaking hazard mitigation action before disasters occur will reduce the potential
for harm to people and save taxpayer dollars; and
WHEREAS, an adopted Natural Hazard Mitigation Plan is required as a condition of future grant
funding from the State of Wisconsin and Federal Government for mitigation projects; and
WHEREAS, Rock County initiated the 2010 update of the existing Natural Hazard Mitigation
Plan; and
WHEREAS, the City of Janesville participated jointly in the planning process with the other units
of government within the County of Rock to prepare a Natural Hazard Mitigation Plan; and
WHEREAS, the Common Council of the City of Janesville find that the Rock County Natural
Hazard Mitigation Plan and related submissions are in the best interest of, and benefit to, the City of
Janesville and its residents and businesses.
NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Janesville that
the Rock County Natural Hazard Mitigation Plan is hereby adopted as the official plan of the City of
Janesville; and
BE IT FURTHER RESOLVED, that the Rock County Emergency Management Office will submit
the adopted Rock County Natural Hazard Mitigation Plan to Wisconsin Emergency Management and
Federal Emergency Management Agency officials for final review and approval; 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
concerning this matter that 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.
A tnesbA ssaP yaN ey
ADOPTED: Motion by:
Second by:
APPROVED:
Councilmember
Eric J. Levitt, City Manager
ATTEST:
Brunner
McDonald
Jean Ann Wulf, City Clerk-Treasurer
Perrotto
Rashkin
APPROVED AS TO FORM:
Steeber
Truman
Voskuil
Wald Klimczyk, City Attorney
Proposed by: City Manager
Prepared by: City Manager’s Office
DEPARTMENT OF PUBLIC WORKS MEMORANDUM
February 11, 2011
TO: City Council
FROM: John Whitcomb, Operations Director
SUBJECT: INTRODUCTION AND SCHEDULE A PUBLIC HEARING ON A
PROPOSED ORDINANCE AMENDING THE CITY’S SOLID WASTE
ORDINANCE TO INCREASE SANITARY LANDFILL FEES (File
Ordinance 2011-475)
This memorandum contains updated information from the prior memorandum
distributed to Council and dated January 14, 2011. Specific changes have been
highlighted.
Summary
File Ordinance 2011- 475 amends Janesville General Ordinance 8.64 (Solid Waste and
Recycling). Specifically, the proposed Ordinance increases the tipping fee at the Sanitary
Landfill, from the current rate of $30.00 per ton to $33.00 per ton, effective March 1, 2011.
Per vehicle disposal rates are increased proportionally. The increase is necessary based
upon 2011 estimated landfill expenditure and tonnage projections, and accounts for recent
significant changes in the regional waste disposal marketplace.
Background
As part of development of the 2011 budget, and after two Council study sessions focusing
on Sanitation Fund finances and operations, the Council implemented a residential trash
collection and disposal fee, and authorized one year waste disposal contract extensions
with three of four waste haulers the City had under contract. All contracts were set to expire
at the end of 2010. The goal in extending these contracts was to maintain then current
waste flows to facilitate permanent closure of a portion of the landfill in 2011, which would
help reduce offsite odor migration. Council also directed that staff attempt to reduce waste
flows at the landfill beginning in 2012. The goal here is to ensure the operating landfill and
planned first expansion area are able to provide for disposal through 2045. Under the City’s
contract with Janesville Sand & Gravel, the City cannot access its second planned
expansion area until this date.
Since development of the budget, there have been significant changes in the regional
marketplace:
Veolia Environmental Services has purchased the Mallard Ridge landfill in Delevan,
WI.
Veolia has reduced its waste deliveries to the City’s landfill by about half and are
now hauling that waste to their own landfill (10,000 ton reduction from 2010).
Town & Country Sanitation would not agree to a one year contract offer from the City
but has indicated they would agree to a three year contract to deliver a minimum
30,000 tons through 20113. Town & Country has also agreed to haul approximately
45,000 tons in 2011 to help minimize the City’s draw-down of Sanitation Fund
balance. In 2011, this is an approximate 15,000 tons reduction from 2010. The
company has further agreed to a 40,000 ton cap on tonnage in 2012 and 2013 to
facilitate the overall goal of reducing waste long-term. Town & Country has indicated
they also have a disposal contract with Veolia, though that contract has no minimum
tonnage requirements.
Waste Management would not agree to a one year contract extension with the City
and is reducing its waste deliveries to the City’s landfill, instead hauling that waste to
their own landfill (15,000 ton reduction from 2010).
At this time, it is estimated the landfill will receive approximately 188,000 tons in 2011, down
from the 2010 waste flow of about 228,000 tons. This assumes the City enters into the
proposed three year agreement with Town & Country.
Recommendation
Based upon the reduced waste flows, and also considering savings in operating
expenditures, the landfill gate rate needs to be increased to $33.00 per ton. Again, this
assumes the City enters into a contract with Town & Country Sanitation. Without Town &
Country’s waste, staff is concerned per ton rates will increase to a point that will drive
additional waste from the landfill, and the draw-down of fund balance in 2011 becomes
significantly greater.
All of these changes impact the 2011 Sanitation Fund budget. The budget adopted by
Council provided for expenditures in excess of revenues of $253,364. It was intended to
draw down undesignated Sanitation Fund balance by this amount. The proposed changes
will reduce operating revenue by approximately $1 million, and operating expenditures will
be reduced by approximately $1.2 million. This will result in the Sanitation Fund balance
being drawn down approximately $180,000 more than budgeted, or a total of approximately
$433,000.
It should be noted that this drawdown is not due to the operation of the landfill, but rather
the past practice of having the landfill subsidize solid waste collection and recycling costs.
In 2011 a user fee was implemented for solid waste collection, but this fee does not cover
the entire cost of this program. The projected drawdown roughly represents the portion of
the solid waste collection and disposal program not covered by the user fee and a portion of
the net cost of the entire recycling program.
It is recommended that, following the first reading, Ordinance 2011- 475 be scheduled for
public hearing and final action at the February 14, 2011 regular City Council meeting. A
resolution authorizing the City Manager to enter into a three year contract with Town &
Country Sanitation, as described above, will also be presented at that meeting. Multi-year
contracts with other waste haulers may also be presented at that meeting.
cc: Jay Winzenz, Director of Administrative Services/Assistant City Manager
Carl Weber, Director of Public Works
Peter Riggs, Assistant Operations Director
Mandy Bonneville, Solid Waste Manager
ORDINANCE NO. 2011-475
An ordinance amending Chapter 8.64 Solid Waste and Recycling Subsection II,
Section 8.64.150, Fee Schedule.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS:
SECTION I.
Sections 8.64.150(A), and (B) of the Code of General Ordinances of the
City of Janesville are hereby amended to read as follows:
8.64.150 FEE SCHEDULE
A.
For all materials hauled to the Sanitary Landfill in vehicles other than City
of Janesville owned vehicles, excluding special wastes and wastes used as daily cover,
the fee charged shall be the greater of:
Thirty three dollars and 00/100
Thirty dollars and 00/100 cents ($30.00)
cents ($33.00)
per ton, or
B.
The following applicable minimum fee regardless of the actual weight
deposited:
three dollars and
1. Passenger cars, three dollars and fifty cents ($3.50)
seventy five cents ($3.75);
2. Station wagons, mini-vans and sport utility vehicles, four dollars and
five dollars and 00/100 cents ($5.00);
fifty cents ($4.50)
3. Vans, mid-size pickup trucks and trailers with a capacity of two cubic
eight dollars and 00/100
yards or less, seven dollars and twenty five cents ($7.25)
cents ($8.00);
4. Full size pickup trucks and trailers with a capacity of more than two
eleven dollars and twenty five
cubic yards, ten dollars and twenty five cents ($10.25)
cents ($11.25);
5. All other vehicles and trailers, including those which have been
modified to increase capacity beyond standard capacity, thirty dollars and 00/100 cents
thirty three dollars and 00/100 ($33.00).
($30.00)
SECTION II. This ordinance and its fees shall take effect at 12:00 o’clock
a.m. on March 1, 2011, the public interest, welfare, benefit and good so requiring,
and the Common Council so finding.
1
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
McDonald
Perrotto
Eric J. Levitt, City Manager
Rashkin
Steeber
ATTEST:
Truman
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
City Attorney Wald Klimczyk
Proposed by: Public Services Director
Prepared by: Public Services Director
2
POLICE DEPARTMENT MEMORANDUM
January 28, 2011
TO: City Council
FROM: David J. Moore, Chief of Police
SUBJECT: Introduce and schedule a public hearing on a proposed ordinance
amending JGO Chapter 5.52 and Section 5.04.010 N. regulating
junk dealers, second hand dealers, second hand jewelry dealers,
and pawnbrokers in the City of Janesville. (File Ord. 2011-476)
Summary
As proposed, Ordinance 2011-476 will help reduce the officer’s hours and
associated costs related to the monitoring of pawnshops and other related
businesses for stolen property. Currently, officers visit pawn shops daily to pick
up pawn slips. Under the amended ordinance, which requires electronic
reporting, officers will be available for service and other related police calls and
duties.
Recommendation
The City Attorney’s Office and the Police Department recommend that Ordinance
2011-476 be introduced and scheduled for a public hearing on February 28,
2011.
City Manager Recommendation
th
The amended ordinance is being introduced on February 14and scheduled for
the second public hearing on February 28, 2011. Council members Brunner and
Steeber initially requested researching an ordinance on regulating pawnshops.
Analysis
Ordinance 2011-476 will help reduce the officer’s hours and associated costs
related to the monitoring of pawnshops and other related businesses for stolen
property. Currently, officers visit pawn shops daily to pick up pawn slips. Most
affected businesses already send the police department the information, but
each store or company has their own way of reporting. The amended ordinance
will make the manner and process uniform for all businesses.
The amended ordinance will allow for easier access to the information that the
Janesville Police Department receives. Currently, officers collect slips from the
pawn shops which are then manually entered into a database at the police
department. Officer’s ability to search for items is limited by the current system.
With the new system information is transmitted to a central database. Our
department as well as any other law enforcement agency can then access the
database, review it, and place holds on items that have been reported stolen in
their respective jurisdictions. We believe this would greatly assist the Janesville
Police Department in the recovery of property and the apprehension of criminals.
File Ordinance 2011-476 will apply to pawnbrokers, junk dealers, dealers in
secondhand goods, secondhand article dealers, secondhand jewelry dealers,
secondhand article dealer-mall, or secondhand dealer in junk, wares, or
merchandise.
cc: Eric Levitt, City Manager
Jacob J. Winzenz, Director of Administrative Services
ORDINANCE NO. 2011 - 476
An ordinance amending JGO Chapter 5.52 and Section 5.04.010 N. regulating junk dealers,
second hand dealers, second hand jewelry dealers, and pawnbrokers in the City of Janesville
with penalties as set forth in JGO 5.52.090 and 5.04.180.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS:
SECTION I.
Chapter 5.52 of the Code of General Ordinances of the City of Janesville is hereby
amended to read as follows:
Chapter 5.52
JUNK DEALER, SECONDHAND DEALER, SECONDHAND JEWELRY DEALER,
PAWNBROKER*
Sections:
5.52.010 License—Required
5.52.011 Definitions
5.52.012 Adoption of State Laws – More Stringent Laws Govern
5.52.020 License—Application—Information required—Bond—
Council approval—Fee—Issuance
5.52.030 License—One place of business only—Moving-Reportable
Transaction
5.52.040 Licensee—Pawnbroker and junk dealer to keep record—
Information required—Police inspection Reports to Police- Receipt
Required
5.52.050 Licensee—Record keeping duties—Information required-Digital
Photo Requirement
5.52.060 Licensee—Restricted purchases
5.52.070 Labels Required-Holding Period-Police order to hold property-Police
to seize property when
5.52.080 License—Business area requirements
5.52.090 Violation—Penalty
5.52.010 License—Required
No person shall do business as a pawnbroker, junk
dealer, dealer in secondhand goods, secondhand article dealer, secondhand jewelry dealer,
secondhand article dealer mall, flea market, or secondhand dealer in junk, wares or merchandise
as those terms are defined in the applicable state laws adopted hereby and incorporated herein as
set forth below, without having first obtained and holding a valid license therefore issued from
the City under this Chapter.
5.52.011 Definitions
When used in this chapter the following words shall mean:
A. “Article”
means any of the following articles:
1.
Audiovisual equipment.
2.
Bicycles.
3.
China
4.
Computers, laptops, printers, software and computer supplies.
5.
Computer toys, gaming systems and games.
6.
Crystal.
7.
Electronic equipment.
8.
Fur coats and other fur clothing
9.
Ammunition and knives.
10.
Microwave ovens.
11.
Office equipment
12.
Pianos, organs, guitars and other musical instruments.
13.
Compact Discs, Audiotapes, Videotapes, DVDs, GPS Units, and other optical
media recording or replaying devices.
14.
Silverware and flatware.
15.
Small electrical appliances.
16.
Telephones.
17.
Power tools and pneumatic tools.
18.
Firearms.
19.
Paper currency and coins.
20.
Sports equipment.
21.
Jewelry
B. “Pawn Broker”
means any person who engages in the business of lending money on the
deposit or pledge of any article or purchases any article with an expressed or implied agreement
or understanding to resell the article in the same or substantially similar form at a subsequent
time at a stipulated price.
1.
To the extent that a pawnbroker’s business includes buying personal property
previously used, rented, or leased the provisions of this chapter shall be applicable.
2.
A person is not acting as a pawnbroker when engaging in any of the following:
a.
Any transaction at an occasional garage or yard sale or an estate sale.
b.
Any transaction between a buyer of a new article and the person
who sold the article when new that involves any of the following:
1. The return of the article.
2. The exchange of the article for a different, new article.
c.
Any transaction as a purchaser of a secondhand article from a
charitable organization if the secondhand article was a gift to the charitable organization.
d.
Any transaction as a seller of a secondhand article that the person
bought from a charitable organization if the secondhand article was a gift to the charitable
organization.
C. “Second Hand Article Dealer”
means any person, other than an auctioneer, who
engages in the business of purchasing or selling second hand articles in the same or substantially
similar form at a subsequent time.
1.
To the extent that a secondhand article dealer’s business includes buying personal
property previously used, rented, or leased the provisions of this chapter shall be applicable.
2.
A person is not acting as a secondhand article dealer when engaging in any of the
following:
a.
Any transaction at an occasional garage or yard sale or an estate sale.
b.
Any transaction between a buyer of a new article and the person
who sold the article when new that involves any of the following:
1. The return of the article.
2. The exchange of the article for a different, new article.
c.
Any transaction as a purchaser of a secondhand article from a
charitable organization if the secondhand article was a gift to the charitable organization.
d.
Any transaction as a seller of a secondhand article that the person
bought from a charitable organization if the secondhand article was a gift to the charitable
organization.
D. “Secondhand Jewelry Dealer”
means any person, other than an auctioneer, who
engages in the business of any transaction consisting of purchasing, selling, receiving or
exchanging secondhand jewelry.
1.
To the extent that a secondhand jewelry dealer’s business includes buying
personal property previously used, rented, or leased the provisions of this chapter shall be
applicable.
2.
A person is not acting as a secondhand jewelry dealer when engaging in any of
the following:
a.
Any transaction at an occasional garage or yard sale or an estate sale.
b.
Any transaction between a buyer of a new jewelry and the person
who sold the jewelry when new which involves any of the following:
1. The return of the jewelry.
2. The exchange of the jewelry for different, new jewelry.
c.
Any transaction as a purchaser of secondhand jewelry from a
charitable organization if the secondhand jewelry was a gift to the charitable organization.
d.
Any transaction as a seller of secondhand jewelry which the person
bought from a charitable organization if the secondhand jewelry was a gift to the charitable
organization.
5.52.012 Adoption of State Laws – More Stringent Laws Govern
A.
Incorporated herein by reference and made a part of this chapter as if fully set forth
verbatim are Wis. Stats. §§ 134.71 and 134.695, including but not limited to the fee schedule set
by state law in § 134.71(11), all as from time to time amended or renumbered. Any and all acts
required to be performed or prohibited by any statutes so incorporated by reference is/are
required or prohibited by this chapter. Any future amendments, revisions, or modifications of
the statutes incorporated by this chapter are also adopted and incorporated as a part of this
chapter.
B.
The more stringent provision set forth in this chapter or that set forth in the incorporated
state law(s) shall always take precedence and govern, notwithstanding any conflict,
inconsistency or ambiguity to the contrary. The intent is to at all times render this chapter in full
force and effect and in conformity with Wis. Stats.§ 134.71(14), as from time to time amended or
renumbered.
5.52.020 License—Application—Information required—Bond—Council
approval—Fee—Issuance
Any person desiring to obtain a license pursuant to Section
5.52.010 shall file with the city clerk his application therefore, specifying the kind of license
desired and the street and building in which he intends to carry on business thereunder,
A.
A person wishing to obtain a license pursuant to Section 5.52.010 shall apply to the city
clerk for a license. The clerk shall furnish application forms that shall require all of the
following:
1.
The applicant's name, place and date of birth, residence address, residence
addresses for the 5-year period prior to the date of the application, and all states where the
applicant has previously resided.
2.
The name and addresses of the business and of the owner of the business
premises.
3.
Whether the applicant is a natural person, corporation, limited liability company
or partnership, and:
a.
If the applicant is a corporation, the state where incorporated and the
names and addresses of all officers and directors.
b.
If the applicant is a partnership, the names and addresses of all partners.
c.
If the applicant is a limited liability company, the names and addresses of
all members.
4.
The name of the manager or proprietor of the business.
5.
Any other information that the clerk may reasonably require.
6.
A statement as to whether the applicant, including an individual, manager or
proprietor, has been convicted of any crime, statutory violation punishable by forfeiture, or
county or municipal ordinance violation. If so, the applicant must furnish information as to the
time, place, and offense of all such convictions.
7.
Whether the applicant or any other person listed above has ever used or been
known by a name other than the applicant, individual, manager or proprietor’s name, and if so,
the name or names used and information concerning dates and places used.
8.
Whether the applicant or any other person listed has previously been denied or
had revoked or suspended as a pawnbroker, second hand article dealer or second hand jewelry
dealer license from any governmental unit. If so, the applicant must furnish information as to the
date, location, and reason for the action.
B.
The police department shall investigate each applicant and any other person listed. The
department shall furnish the information derived from that investigation in writing to the city
clerk. The investigation shall include each applicant and manager or proprietor.
C.
The city may grant a license if all of the following apply:
1.
The applicant or proprietor does not have a significant arrest or conviction record,
subject to ss. 111.321, 111.322 and 111.335 of the Wisconsin Statutes.
2.
The applicant provides to the city clerk a bond of $1,000.00 with not less than 2
sureties for the observation of all municipal ordinances or state or federal laws relating to
pawnbrokers and secondhand article and secondhand jewelry dealers. The bond must be in full
force and effect at all times during the term of the license.
D.
The following requirements apply to licenses issued under this chapter:
1.
No license may be transferred.
2.
Each license is valid from July 1st until the following June 30th.
3.
Each license issued under this chapter shall be displayed in a conspicuous place
visible to anyone entering a licensed premise.
4.
Annual license fees as set forth in 5.04.010 shall apply to licenses under this
chapter.
Upon license application the licensee shall also file therewith a bond executed by himself and
two sureties, or by himself and a surety company, in the penal sum of five hundred dollars, and
conditioned that such applicant will comply with and faithfully observe all the requirements of
this chapter relating to the business which such applicant intends to carry on. Upon the approval
of such bond and application by the council and filing with the city clerk the treasurer’s receipt
showing the payment to him of the license fee prescribed in Section 5.04.010 for the carrying on
of such business, the city clerk shall issue to such applicant the license applied for.
5.52.030 License—One place of business only—Moving allowed when-
Reportable Transaction
A.
No person licensed as a pawnbroker, junk dealer or dealer in secondhand goods, wares
and merchandise shall, by virtue of one license, keep more than one store or place for the
carrying on of such business; provided, however, that such person may remove from one place of
business to another by giving to the police department immediate written notice of such removal.
B.
Every transaction conducted by a pawnbroker, secondhand article dealer, or secondhand
jewelry dealer in which an article or articles are received through a pawn, purchase, or trade, or
in which a pawn is renewed, extended, voided, or redeemed, or for which a unique transaction
number or identifier is generated by their point-of-sale software is reportable except: The bulk
purchase of new or used articles from a merchant, manufacturer, or wholesaler having an
established permanent place of business, and the retail sale of said articles, provided the
pawnbroker must maintain a record of such purchase that describes each item, and must mark
each item in a manner that relates it to that transaction record.
5.52.040 Licensee- Reports to Police- Receipt Required—Pawnbroker and
junk dealer to keep record—Information required—Police inspection
Every person
licensed as a pawnbroker or junk dealer under this chapter shall keep a book in which shall be
written legibly in ink and, at the time of the purchase or taking of any goods, article or thing, an
accurate account and description in the English language of the goods, article or thing purchased
or pledged, the consideration paid therefore, the time of purchasing or taking the same, and the
name, residence, and description of the person selling or pledging the same. When any watch is
purchased or taken, the person so licensed shall also write in such book the name of the maker
thereof and its number. When jewelry or gold or silver articles of any kind are purchased or
taken, such person shall note in said book all letters and marks inscribed, engraved or cut
thereon. The book provided for in this section shall at all reasonable times be open to the
inspection of the police department.
A.
Pawnbrokers, secondhand article dealers, and secondhand jewelry dealers must submit
every reportable transaction to the police department within 48 hours, excluding legal holidays,
in the following manner. Pawnbrokers, secondhand article dealers, and secondhand jewelry
dealers must provide to the police department all required information pursuant to State Statute
and this chapter, by transferring the required information from their computer to the web server
via modem designated by the Janesville Police Department. All required records must be
transmitted completely and accurately in accordance with standards and procedures established
by the police department using procedures that address security concerns of the pawnbroker or
secondhand article and jewelry dealer and the police department. Each pawnbroker, secondhand
article dealers, and secondhand jewelry must display a sign of sufficient size in a conspicuous
place on the premises which informs all patrons that all transactions are reported to the police
department.
B.
If a pawnbroker, or secondhand article dealer, or secondhand jewelry dealer is unable to
successfully transfer the required reports by modem within 48 hours, excluding legal holidays,
the pawnbroker or secondhand article and jewelry dealer must provide the police department
with printed copies of all reportable transactions by 12:00 noon the next business day.
C.
If the problem is determined to be in the pawnbroker, secondhand article, or secondhand
jewelry dealer’s system and is not corrected by the close of the first business day following the
failure, the pawnbroker, secondhand article, or secondhand jewelry dealer must provide the
required reports as detailed in State Statute and this chapter, and shall be charged a daily
reporting failure fee of $10.00 until the error is corrected; or, if the problem is determined to be
outside the pawnbroker, secondhand article dealer, or secondhand jewelry dealer’s system, the
pawnbroker, secondhand article dealer, or secondhand jewelry dealer must provide the required
reports pursuant to State Statute and resubmit all such transactions via modem when the error is
corrected.
D.
Regardless of the cause or origin of the technical problems that prevented the
pawnbroker, secondhand article dealer, or secondhand jewelry dealer from uploading the
reportable transactions, upon correction of the problem, the pawnbroker, secondhand article
dealer, and secondhand jewelry dealer shall upload every reportable transaction from every
business day the problem has existed.
E.
The provisions of this section notwithstanding, the police department may, upon
presentation of extenuating circumstances, delay the implementation of the daily reporting
penalty.
F.
Every licensee must provide a receipt to the customer identified in every reportable
transaction and must maintain a duplicate of that receipt for three (3) years. The receipt must
include at least the following information:
1.
The name, address, and telephone number of the licensed business.
2.
The date and time the item was received by the licensee.
3.
Whether the item was pawned or sold, or the nature of the transaction.
4.
An accurate description of each item received including, but not limited to, any
trademark, identification number, serial number, model number, brand name, or other identifying
mark on such an item.
5.
The signature or unique identifier of the licensee or employee that conducted the
transaction.
6.
The amount advanced or paid.
7.
The monthly and annual interest rates, including all pawn and second hand article
dealers fees and charges.
8.
The last regular day of business by which the item must be redeemed by the
customer without risk that the item will be sold, and the amount necessary to redeem the item on
that date.
9.
The full name, current residence address, current residence telephone number, and
date of birth of the pledger or seller.
10.
The identification number and state of issue from any of the following forms of
identification of the seller:
a.
Current valid Wisconsin driver's license.
b.
Current valid Wisconsin identification card.
c.
Current valid photo driver's license or identification card issued by another
state or government entity.
11.
Description of the customer or seller including approximate sex, height, weight,
race, color of eyes and color of hair.
12.
The signature of the customer or seller.
5.52.050 Licensee—Record keeping duties-Information required-Digital photo
requirement
It shall be the duty of every person licensed under this chapter to keep a book, at
all times available to the police department, giving an accurate account and description of each
and all of the articles and things purchased or taken during each day, the consideration paid
therefore, the precise time of purchase or taking and the name, residence and description of the
- Records required.
person or persons from whom such purchases were made.
A.
At the time of any reportable transaction other than renewals, extensions, redemptions or
confiscations, every licensee must immediately record, in English, the following information in a
computerized record approved by the police department:
1.
A complete and accurate description of each item including, but not limited to,
any trademark, identification number, serial number, model number, brand name, or other
identifying mark or such an item.
2.
Date, time and place the item of property was received by the licensee, and the
unique alpha and/or numeric transaction identifier that distinguishes it from all other transactions
in the licensee's records.
3.
Full name, current residence address, current residence telephone number, date of
birth and accurate description of the person from whom the item of the property was received,
including: sex, height, weight, race, color of eyes and color of hair.
4.
The identification number and state of issue from any of the following forms of
identification of the seller:
a. Current Wisconsin driver's license.
b. Current Wisconsin identification card.
c. Current valid photo identification card issued by another state or
government entity.
5.
The signature of the person identified in the transaction.
B.
The licensee must also take a color, digitized photograph of every item pawned or sold
that does not have a unique serial or identification number permanently engraved or affixed,
excluding only electronic media. One group photo shall suffice for mass items such as several
coins acquired in one transaction. If a photograph is taken, it must be at least two inches in length
by two inches in width and must be maintained in such a manner that the photograph can be
readily matched and correlated with all other records of the transaction to which they relate. Such
photographs must be available to the chief of police, or the chief’s designee, upon request. Items
photographed must be accurately depicted and submitted as digital images, in a format specified
by the issuing authority, electronically cross-referenced to the reportable transaction they are
associated with.
5.52.060 Licensee—Restricted purchases
No person or firm licensed under this
chapter shall purchase or take any goods, article or thing from any person under sixteen eighteen
years of age or from any intoxicated person.
5.52.070 Labels Required-Holding Period-Police order to hold property-Police to
seize property when
The chief of police may cause any goods, article or thing purchased or
pledged which he has reason to believe was sold or pledged by some person other than the lawful
owner thereof to be held for the purpose of identification by its lawful owner for such reasonable
time as he may deem necessary.
A.
Licensees must attach a label to every item at the time it is pawned, purchased or
received in inventory from any reportable transaction. Permanently recorded on this label must
be the number or name that identifies the transaction in the shop's records, the transaction date,
the name of the item and the description or the model and serial number of the item as reported
to the police department, whichever is applicable. Labels shall not be re-used.
B.
Any item deposited for security shall be kept on the premises for safe keeping for not less
than 30 days after the date of purchase or receipt unless the person known by the pawnbroker to
be the lawful owner of the article redeems it. Any item purchased or received by a secondhand
article dealer or secondhand jewelry dealer shall be kept on the premises of safekeeping for not
less than 14 days after the date of purchase orreceipt.
C.
During the period the article shall be held separate from saleableinventory and may not
be altered in any manner. The pawnbroker, second hand article dealer, or secondhand jewelry
dealer shall permit any law enforcement officer to inspect the article during this period.
D.
An investigative hold may be placed on an item when a law enforcement official from
any law enforcement agency notifies a licensee not to sell an item. The item must not be sold or
removed from the premises. The investigative hold shall be confirmed in writing by the
originating agency within seventy-two (72) hours and will remain in effect for fifteen (15) days
from the date of initial notification, or until the investigative order is canceled, or until an order
to hold/confiscate is issued, whichever comes first.
E.
An order to hold may be placed on an item whenever the chief of police, or the chief's
designee, notifies a licensee not to sell an item, the item must not be sold or removed from the
licensed premises until authorized to be released by the chief or the chief's designee. The order to
hold shall expire ninety (90) days from the date it is placed unless the chief of police or the
chief's designee determines the hold is still necessary and notifies the licensee in writing.
F.
An order to confiscate may be placed on an item if the item is identified as stolen or
evidence in a criminal case, the chief or chief's designee may physically confiscate and remove it
from the shop, pursuant to a written order from the chief or the chief's designee, or place the item
on hold or extend the hold and leave it in the shop.
G.
When an item is confiscated, the person doing so shall provide identification upon
request of the licensee, and shall provide the licensee the name and phone number of the
confiscating agency and investigator, and the case number related to the confiscation.
H.
When an order to hold/confiscate is no longer necessary, the chief of police or chief's
designee shall so notify the licensee.
5.52.080 License—Business area requirements
No application for a license
pursuant to this chapter shall be issued and no person, firm or corporation shall operate any
business for which a license is required by this chapter unless the area used in such business,
including any storage area, is enclosed by a fence, wall or other structure which shall block from
view all activities of said business that could be viewed by a person standing on the ground near
the property on which such business is located; however, windows may be placed in said fence,
wall or other structure. In any event, every such fence, wall or other structure shall be at least
seven feet in height.
5.52.090 Violation—Penalty
Any person, firm or corporation violating any of the
provisions of this chapter shall may, upon conviction therefore in court, have his their license
revoked and shall further be punished by a fine of not less than ten dollars nor more than one
hundred dollars and costs. In default of the payment of the fine and costs, the violator shall be
imprisoned in the county jail until such fine and costs are paid, not to exceed sixty days. Each
day’s violation constitutes a separate offense. This penalty shall be independent and exclusive of
the right of the council to revoke any license or permit.
SECTION II.
Section 5.04.010 N. of the Code of General Ordinances of the City of Janesville
is hereby amended to read as follows:
N.
Junk dealer, secondhand dealer, secondhand jewelry dealer, pawnbroker, flea market,
secondhand article dealer mall or related activity as defined in applicable state law (Sections
5.52.010—5.52.080) (See s. 134.71 for definitions and s. 134.71(11) for fees) (For bond see s.
134.71(7), et al.)
1.
Pawnbroker’s license $210.00 per year with $5001,000 bond
2.
Secondhand article dealer’s license $27.50 per year with $500 $1,000 bond
3.
Secondhand jewelry dealer’s license $30.00 per year with $5001,000 bond
4.
Secondhand article dealer mall license $165 per year with required bond
5.
Flea Market license $165 per year with required bond
6.
All other secondhand dealers $27.50 per year with $500 bond
7.
Junk dealers (City definition) $27.50 per year with $500 bond
Such fee shall not be apportioned, regardless of the date on which such license may be issued.
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:
____________
Assistant City Attorney
Proposed by: Council Member Brunner / Council
Member Steeber
Prepared by: Police Department & Assistant City
Attorney