Full Agenda Packet CITY OF JANESVILLE
CITY COUNCIL MEETING AGENDA
MONDAY, February 28, 2011
7:00 P.M.
1. Call to Order and Pledge of Allegiance.
2. Roll Call.
3. Minutes of City Council meeting: “C”
A)Regular meeting of February 14, 2011.
B)Special meeting of February 16, 2011.
4. Licenses; and Recommendations of the Alcohol License Advisory
Committee. (Refer to separate agenda.) “C”
5. Financial statement for the month of December, 2010. “C”
6. Action on a financial gain request from the Boys & Girls Club to
conduct a run/walk fundraiser event titled, “Shamrock N Run
For Kids”, on March 19,2011. “C”
7. Action on a financial gain request from Janesville Craig High
School to host a run/walk to benefit Parkinson’s disease
research on April 9, 2011. “C”
8. Action on a financial gain request from River to Ridge Half
Marathon to conduct a 5k, 10k and half marathon on
September 24, 2011. “C”
9. Donation from Janesville Conservation Club, Inc.
-----------------------
“C” – This designation indicates an item that the City Council will take up
under a Consent Agenda.
City Council Agenda – February 28, 2011
Page 2
OLD BUSINESS
1. Requests and comments from the public regarding items on the Agenda not
requiring a public hearing.
2. Second reading, public hearing and action on a proposed ordinance
amending the City of Janesville Subdivision Ordinance to change time limit
requirements for plats. (File Ord. No. 2011-474)
3. Second reading, public hearing and action on a proposed ordinance
amending the City’s solid waste ordinance to increase sanitary landfill fees.
(File Ord. No. 2011-475)
4. Second reading, public hearing and action on a proposed ordinance
amending JGO Chapter 5.52 and Section 5.04.010 N. regulating junk
dealers, second hand jewelry dealers, and pawnbrokers in the City of
Janesville. (File Ord. No. 2011-476)
NEW BUSINESS
1. Action on a proposed resolution authorizing the City Manager to execute a
concessionaire contract with the Friends of Traxler Park.
(File Res. No. 2011-769)
2. Action on proposed preliminary resolution for Public Works Contract 2011-
1 (street resurfacing including curb and gutter, water, sewer, and paving)
and schedule a public hearing for the final resolution.
(File Res. No. 2011-776)
3. Action on a proposed resolution authorizing the City Manager to enter into a
waste disposal contract with Town & Country Sanitation through December
31, 2013. (File Res. No. 2011-778)
4. Action on a proposed resolution supporting the elimination of the February
primary and the April general election in favor of consolidating elections in
the Fall. (File Res. No. 2011-771)
5. Discuss and direct staff on proposed revisions to various Council Policies
regarding public improvements and special assessments (Council Policies
#63, #70 and #78); and a new Council Policy on payments of special
assessments (Council Policy #87).
City Council Agenda – February 28, 2011
Page 3
OLD BUSINESS (CONTINUED)
6. Introduce and schedule a public hearing on a proposed ordinance
eliminating the waiver of special assessment procedures as a means for
satisfying new developer/subdivider storm sewer, sidewalk, and street
lighting payment obligations (File Ord. 2011-478)
7. Requests and comments from the public on matters which can be
affected by Council action.
8. Matters not on the Agenda.
9. Consideration of a motion to convene into closed session, pursuant to
Wisconsin Statute Section 19.85(1)(e), for the purpose of deliberating and
setting the negotiating and bargaining strategies, terms, and conditions for
a potential offer to purchase certain land for a potential
industrial/commercial TIF 22 project since competitive and/or
bargaining reasons require a closed session; and Section 19.85 (1)(c) to
conduct the annual review of the City Manager's performance,
compensation, and employment.
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
FEBRUARY 14, 2011
VOL. 62
NO. 30
Regular meeting of the City Council of the City of Janesville held in the Municipal Building on
February 14, 2011. The meeting was called to order by Council President Voskuil at 7:00 PM.
Present: Council President Voskuil, Councilmembers Brunner, McDonald, Perrotto, Rashkin,
Steeber and Truman.
CONSENT AGENDA
Regular City Council meeting minutes of January 24, 2011.
Licenses; and Recommendations of the Alcohol License Advisory
Committee. (Refer to separate agenda.)
Motion to approve final CSM 11001-C, Al Draper, 2 lots on West State Street.
Council President Voskuil removed the application for a Youth Entertainment Center License for
Decisions Teen Lounge from the consent agenda. She stated that all remaining items on the
consent agenda would be approved as recommended if there were no objections. There were
none.
Donta Evans discussed his business plan for Decisions Teen Lounge. Councilmember McDonald
moved to approve said license, seconded by Councilmember Steeber and passed unanimously.
OLD BUSINESS
1. Requests and comments from the public regarding items on the Agenda not requiring a public
hearing. Andreah Briarmoon, 339 S. Locust St., suggested the City stop borrowing money and
suggested biweekly trash collection to eliminate the trash collection fee. John Mauermann, 209
Sunset Dr. and Mark Cullen, 220 Jefferson Ave., spoke in favor of option 3 to upgrade the
Janesville Ice Skating Center (Old Business #2).
2. Discussion/possible action on proposed renovations to Janesville Ice Skating Center.
Councilmember Brunner moved to design long term option 3 with intermediate option 2 included
as an alternate in the design, seconded by Councilmember Truman and passed unanimously.
Councilmember Rashkin requested a cost estimate to build a sidewalk between the Armory and
the Center. By consensus, the Council requested the Administration to continue with assisting in
fund raising efforts for the Center.
NEW BUSINESS
1. Motion to approve proposed 2011 Sustainable Janesville Award program. Councilmember
Steeber moved to approve the Award Program, seconded by Councilmember Rashkin and passed
unanimously.
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.
Councilmember Rashkin moved to adopt said resolution, seconded by Councilmember Steeber
and passed unanimously. (File Res. No. 2011-773)
3. Action on a proposed resolution authorizing a 2010 General Fund supplemental appropriation.
Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Perrotto
and passed unanimously. (File Res. No. 2011-772)
4. Action on proposed Council Policy Statement #87 for special event permits. Councilmember
Steeber moved to adopt said Policy, seconded by Councilmember Perrotto and passed by the
following vote: Aye: Brunner, Perrotto, McDonald, Steeber, Truman and Voskuil. Nay: Rashkin.
5. Action on a proposed resolution authorizing the City Manager to apply for the 2011 Paint Your
City Green Grant. Councilmember Rashkin moved to adopt said resolution, seconded by
Councilmember Truman and passed unanimously. (File Res. No. 2011-774)
6. Action on a proposed resolution adopting Rock County’s Natural Hazard Mitigation Plan
updated September 2010 to 2015. Councilmember Steeber moved to adopt said resolution,
seconded by Councilmember Rashkin and passed unanimously. (File Res. No. 2011-775)
7. A proposed ordinance amending the City’s Solid Waste Ordinance to increase sanitary landfill
fees was introduced and scheduled for a public hearing on February 28, 2011. (File Ord. No.
2011-475)
8. 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 was introduced and scheduled for a public hearing on February 28, 2011. (File Ord.
No. 2011-476)
9. Requests and comments from the public on matters which can be affected by Council action.
Sam Liebert, 234 N. Terrace St., disagreed with Governor Walker’s budget bill and encouraged
the Council to send a letter to the State showing their opposition. Jim Naughton, 1059 N. Randall
Ave., requested that Council review City ordinances, and to makes changes if necessary, to allow
low speed vehicles on all Janesville streets. Andreah Briarmoon, 339 S. Locust St., suggested
giving the Ice Arena to the Janesville Jets and let them upgrade and operate the facility. In
addition, she agrees with Governor Walker’s budget repair bill.
10. Matters not on the Agenda. Councilmember McDonald thanked Marshall Middle School
students for their communication with the Council. Councilmember Perrotto commended City
Services for doing an excellent job on snow removal and stated that the Council is not the forum
to respond to the State on Governor Walker’s budget bill. Councilmember Steeber requested that
the Council send a letter to our State representatives expressing their disapproval with Governor
Walker’s budget bill. The City Attorney stated that action could not be taken because it was not
on the agenda and would violate the open meetings law. Councilmembers Steeber and Rashkin
scheduled a Special Council meeting for Wednesday, February 16, 2011 at 8:15 a.m.
Councilmember Steeber moved to adjourn, seconded by Councilmember McDonald and passed
unanimously.
There being no further business, Council adjourned at 9:42 p.m.
Jean Ann Wulf
Clerk-Treasurer
PROCEEDINGS OF THE CITY COUNCIL
CITY OF JANESVILLE, WISCONSIN
SPECIAL MEETING
February 16, 2011
VOL. 62
NO. 31
A special meeting of the City Council of the City of Janesville held in the Municipal Building
on February 16, 2011. The meeting was called to order by Councilmember Steeber at
8:15 AM.
Present: Councilmembers Brunner, McDonald, Rashkin and Steeber. Absent: Council
President Voskuil, Councilmembers Perrotto and Truman.
Motion to consider sending a letter to Governor Scott Walker expressing concerns with his
proposal in the Budget Repair Bill regarding elimination of bargaining rights for collective
bargaining units in the City of Janesville. Councilmember Steeber read the letter he
drafted for Council’s consideration. Councilmember Rashkin moved to send the letter,
seconded by Councilmember McDonald. By consensus, the Council agreed to eliminate
the last two sentences of the letter and to fix a minor grammatical error. The Council voted
unanimously to send the letter to the State representatives.
Matters not on the Agenda. There were none.
Councilmember Brunner moved to adjourn, seconded by Councilmember Steeber and
passed unanimously.
There being no further business, Council adjourned at 8:30 AM.
Jean Ann Wulf
City Clerk-Treasurer
JANESVILLE CITY COUNCIL
LICENSE AGENDA
2/28/2011
RECOMMENDED
A. ELECTRICIAN–ORIGINAL
Lucas D. McGee N6515 Aspen Rd., Elkhorn, WI
B. MASSAGE TECHNICIAN–ORIGINAL
Yanfang Pan 712 Hamilton Ct., Schaumburg, IL
ACCOUNTING DIVISION MEMORANDUM
February 22, 2011
TO: City Council
FROM: Patty Lynch, Comptroller
SUBJECT: Financial Statement for the Month of December 2010
The City prepares its Financial Statements in accordance with generally accepted
accounting principals using the modified accrual method of accounting and is audited
annually by Baker Tilly Virchow, Krause & Company, LLP. As the auditors will begin their
fieldwork at the end of March, the information presented in the December report will be
subject to auditor adjusting entries.
Key operating funds include the General Fund, Water and Wastewater Utilities, and
Sanitation. A summary of their performance to budget, as compared a three-year average,
is presented in the following graphs.
EXPENDITURE SUMMARY
The graph below indicates expenditures are being made according to budget. Sanitation
prior year expenditures trend exceeds budget due to DNR license fee expense
corresponding to tonnage above budgeted amounts.
Year-To-Date December ExpendituresCompared to Three-Year Average
Current YTD
3 Yr. Avg.
140%
120%
Percent of Total Budget
100%
80%
60%
40%
20%
0%
General FundWater -Wastewater -
OperatingOperatingSanitation
December 2010 Financial Statement
February 22, 2011 Page 2
REVENUE SUMMARY
The graph below indicates General Fund revenue has been earned as anticipated. Water
Utility sales were 13.7% less than budgeted in 2010. The Sanitary Lanfill tonnage
collected was at the 2010 budget, but the prior year trend shows tonnage 26% above
budget amounts.
Year-To-Date December RevenuesCompared to Three-Year Average
Current YTD
3 Yr. Avg.
140%
120%
Percent of Total Budget
100%
80%
60%
40%
20%
0%
General FundWaterWastewaterSanitation
Other items of interest in the Financial Statement are as follows:
Proprietary Funds (pages 4)
Water Utility—The Utility was able to generate net operating income of $219,109,
compared to $125,232 from the year before. The Utility’s 2010 rate of return on
investment was 2.20%. The low rate of return is due to the 13.7% water sales shortfall.
Wastewater Utility—In 2010, the Utility had net operating income of $3,294,117
compared to $1,085,566 in 2009. A 30.30% rate increase was implemented on
1/1/2010 in order to maintain the financial integrity of the utility and fund the
Wastewater Treatment plant renovations. In order to qualify for the Clean Water Fund
loan, rates to cover the debt service had to be in place with the application. Interest
payments on the Treatment Plant loan begin in 2011, and principal payments will start
in 2012.
Stormwater Utility—The Stormwater Utility was able to generate net operating income
of $784,116 compared to $241,170 in 2009. The net operating income is used to pay
debt service requirements. The unrestricted cash has a deficit of $108,186 at 12/31/10.
This deficit is due primarily because revenue is billed on a quarterly basis after
expenditures have been made.
December 2010 Financial Statement
February 22, 2011 Page 3
Transit System— Transit required an operating subsidy from the General Fund of
$681,618 which is $16,382 less than the 2010 budget. The Transit Federal Operating
Grant was $62,981 higher than budgeted. This was offset by under realized revenue in
the Beloit-Janesville Express consortium ($9,452) and the State Operating Grant
($11,875), and an overage in charges for Para Transit services ($24,150). Transit
reports a negative cash balance of $349,069 due to the timing of grant
reimbursements. State and Federal Grants Receivable are $386,240 at 12/31/10.
The Vehicle Operations and Maintenance Fund operating expenditures budget is over
expended by $263,285 primarily due to vehicle maintenance parts ($85,691), tires
($56,054) and contracted repairs ($75,496) exceeding the budgeted amounts. A
transfer was made to the Capital Projects fund in the amount of $1,013,300 for the
purchase of VOM capital assets.
The Insurance Fund has net operating income, before the incurred but not reported
claims liability (IBNR) adjustment, of $85,559. The City incurred favorable liability and
property claims experience in 2010. The budgeted transfer of $300,000 was made from
health insurance surplus to contributing funds.
Special Revenue Fund Balance (page 5)
The Uncompleted Projects special revenue fund has been closed and the balance of
the fund ($79,820) was transferred to the General Fund. This fund was closed to
comply with the Governmental Accounting Standard Board (GASB) Statement No. 54
on Fund Balance Reporting and Governmental Fund Type Definitions. The fund
balance in the Allan Building Special Account ($210,634) was also closed and
transferred to the General Fund to be meet GASB 54 requirements.
The Hedberg Public Library budget indicates unrealized revenue of $65,793, 1.6% less
than the 2010 budget. The actual expenditures were $104,446, or 2.7%, less than
budget. The Library’s 2010 budget included the usage of $50,000 of applied funds. The
actual fund balance decline was $11,347 because of favorable expenditure budget
variances. Hedberg Public Library has an ending fund balance at 12/31/10 of
$425,144.
JATV 12 over realized the operating revenue budget by $16,499 in 2010. Operating
expenditures were $44,695 under the 2010 budget level. At year-end JATV has an
ending equity of $327,729, of which $243,626 is designated for the purchase of capital
items.
The Sanitation Fund under realized the operating revenue budget by $788,053, or
10.2%, due to a not pursuing a disposal contract with Pelletier Waste and not
implementing a bag trash collection fee. Operating expenses were under budget by
$425,753 primarily related to lower DNR environmental and recycling fees related to
landfill tonnage. Transfers were made from surcharge reserve to the Landfill –
RFIS/RDRA ($49,339), to the Long-term Care of Site 3023 ($226,000), to pay
Sanitation debt service ($266,894), and to the General Fund ($450,000). The fund
balance decreased by $664,998, for an ending undesignated balance of $1,416,540.
December 2010 Financial Statement
February 22, 2011 Page 4
At December 31, 2010, the TIF districts have a combined deficit fund balance of
$512,855, compared to the combined deficit fund balance of $1,768,793 at 12/31/2009.
TIF projections indicate the districts will reach a positive fund balance before they
expire.
Landfill long-term care of site #3023 ($206,237) will be reimbursed by an insurance
policy we have in place for post closure care.
Funds are on deposit for the long-term care of the new landfill with the Wisconsin
Department of Natural Resources. The balance is $1,665,375 at December 31, 2010.
Capital Projects Fund (page 6)
The Reuther Way Project has a deficit balance of $254,248 at 12/31/10. Funding will
be provided by receipt of $215,805 deferred revenue from the State of Wisconsin and
the balance by General Obligation note issue.
The City incurred expenditures in conjunction with road projects on Highway 11 from
Wright Road to Highway 14 ($186,800). These costs will be funded with future special
assessments or General Obligation note issue.
General Fund Unreserved Balance (pages 7-10)
The Statement of General Fund Budget Receipts (page 7) indicates that the City received
$604,345, or 1.5%, more than the amount budgeted for 2010. This net over-realization of
revenue was primarily generated from the following revenue accounts:
Water Utility Taxes $95,924
Cable TV Licenses $72,561
Community Development Permits $159,595
Interest on General Investments -$150,389
Advertising on City Property -$100,000
Fire Department Service Charges $174,373
Operating Transfer In $388,420
The Water Utility Tax exceeded the budget by $95,924, or 9.2%, due to an increase in the
net effective tax rate where none was projected.
Cable TV Licenses increased 11.3% from 2009. The revenue collected was $72,561 more
than the 2010 budget.
Interest on General Investments of $374,611 was $150,389 less than the budget of
$525,000. The interest earned on investments was at a rate of .85% in 2010.
The City did not receive revenue related to Advertising on City Property and was $100,000
under the 2010 budget.
December 2010 Financial Statement
February 22, 2011 Page 5
Community Development Permits over realized the budget by $159,595, or 55%. While the
permits for new residential homes were at a low of 49 permits, the addition/remodel
permits were higher than past years with approximately $35 million dollars of
improvements. The largest single factor for exceeding the budgeted revenue is the
commercial permits related to the new Dean St Mary’s Hospital and Clinic ($74,084).
We experienced a positive variance of total Fire Department Service Charges in the
amount of $174,373, or 12.1%.
Transfers In is comprised of TIF #3’s repayment of funds previously advanced by the
General Fund ($236,236), a budgeted transfer from the Sanitation Fund ($450,000), a
budgeted transfer from the Health Insurance Fund ($211,730), and transfers from closed
Allan Building and Uncompleted Projects special revenue accounts ($290,454). The TIF #3
transfer is the seventh in a series of eight annual payments. The remaining transfer
anticipated from TIF #3 is approximately $150,000.
Council Policy Statement #68—Investment of City Funds requires that the Administration
submit an annual investment report. Please find attached the report that recaps our
investment program results for 2010 (Exhibit 1).
Council Policy Statement #73—Accounts Receivable requires that the Administration
submit an annual report on the progress of delinquent account collections. Please find
attached the 2010 annual report for accounts receivable write-offs (Exhibit 2).
After applying a Supplemental Appropriation of $50,000 as approved in Resolution #2011-
772, the Statement of 2010 Budget Appropriation Expenditures indicates that actual
expenditures were $560,331, or 1.35%, less than the amount appropriated. After the
supplemental appropriation to fund Leisure Services, the resulting program budgets are in
accordance with the General Fund’s appropriation resolution. The table below shows the
unexpended balances at December 31, 2010.
Amount Percentage
Unexpended Unexpended
General Government
$223,956 6.57%
Public Safety
(including Police and Fire) 279,100 1.25%
Public Works
(including Public Works
Administration, Engineering, Street Maintenance
1,244 0.02%
& Repairs, Public Buildings and Parking Facilities,
Traffic Management, Transit Operating Subsidy
and Sanitation Fund Subsidy)
Leisure Services
(including Leisure Services
Administration, Senior Citizens Center, Aquatics,
4,656 0.16%
Youth and Adult Recreation, Parks and Ice
Skating Center)
Community Development
(including Economic
17,989 1.25%
Development, Community Development and
December 2010 Financial Statement
February 22, 2011 Page 6
Property Maintenance)
Other
(including Economic Adjustments,
Employee Fringe Benefits and Insurance,
29,191 3.10%
Contingency Account and Special Assessments
Transfer)
General City Debt Service
4,195 0.08%
TOTAL
$560,331 1.35%
Please find attached a General Fund Equity Analysis, which provides information
concerning the status of our Fund Balance for the years 2006-2010 (Exhibit 3). The
General Fund Balance has increased by $264,676 for a total fund balance of $7,494,947
at December 31, 2010, of which $6,981,178 is Unreserved Fund Balance.
A representative of the Administrative Services Department will be available at the Council
th
Meeting on February 28 to respond to any questions Council may have relative to these
reports. Once Council is satisfied, acceptance of the Financial Statement by consent and
placing them on file would be in order.
/Attachments
cc: Jacob J, Winzenz, Director of Administrative Services/Assistant City Manager
Eric J. Levitt, City Manager
LEISURE SERVICES DEPARTMENT MEMORANDUM
February 18, 2011
TO: City Council
FROM: Shelley Slapak, Acting Recreation Director
SUBJECT: Action on a Financial Gain Request from Boys & Girls Club of Janesville
Introduction
The Janesville Boys & Girls Club, a non-profit organization has submitted an application
requesting approval of a run/walk to benefit the club. The event is to be conducted on a
route beginning at the Boys & Girls Club, following Jackson Street to the bike trail hub at
Riverside Street and following the bike trail into Monterey Park. The event is scheduled
to take place on Saturday, March 19, 2011, and is titled “Shamrock N Run For Kids”.
According to Chapter 12.62, in section 12.62.02 of the Janesville Municipal Code, the
City Council must approve all first time special event applications involving financial
gain. Attached is a copy of the application and run/walk route map.
Background
The Boys & Girls Club has provided the Leisure Services Department with a completed
application, appropriate insurance documentation and a map of the run/walk route.
They have also paid the appropriate event fee.
Staff Recommendation
Leisure Services has reviewed this application, and staff recommends that the City
Council approve the request from the Janesville Boys & Girls Club to conduct a run/walk
fundraiser to benefit their club.
City Manager Recommendation
I concur with Leisure Services recommendation.
Suggested Motion
I move to approve the financial gain request from the Janesville Boys & Girls Club to
conduct the “Shamrock N Run For Kids” run/walk fundraiser.
Please contact me if you have questions or concerns regarding this event.
Attachments
Cc: Eric Levitt, City Manager
Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services
1
LEISURE SERVICES DEPARTMENT MEMORANDUM
February 18, 2011
TO: City Council
FROM: Shelley Slapak, Acting Recreation Director
SUBJECT: Action on a Financial Gain Request from Craig High School
Introduction
Craig High School, a non-profit organization has submitted an application requesting
approval of a run/walk to benefit Parkinson’s disease research. The event is to be
conducted on a route beginning and ending at the north end of Riverside Park. The
event is scheduled to take place on Saturday, April 9, 2011, and is titled “Pace for
Parkinson’s”. According to Chapter 12.62, in section 12.62.02 of the Janesville
Municipal Code, the City Council must approve all first time special event applications
involving financial gain. Attached is a copy of the application and run/walk route map.
Background
Craig High School has provided the Leisure Services Department with a completed
application, and a map of the run/walk route. Event fees, equipment rental and pavilion
fees will be paid at the end of the registration period of March 11, 2011. A liability
certificate will be provided upon approval of this event.
Staff Recommendation
Leisure Services has reviewed this application, and staff recommends that the City
Council approve the request from Craig High School to conduct a run/walk fundraiser
for Parkinson’s disease research.
City Manager Recommendation
I concur with Leisure Services recommendation.
Suggested Motion
I move to approve the financial gain request from Craig High School to conduct the
“Pace for Parkinson’s” run/walk fundraiser.
Please contact me if you have questions or concerns regarding this event.
Attachments
Cc: Eric Levitt, City Manager
Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services
1
LEISURE SERVICES DEPARTMENT MEMORANDUM
February 18, 2011
TO: City Council
FROM: Shelley Slapak, Acting Recreation Director
SUBJECT: Action on a Financial Gain Request from River to Ridge Half Marathon
Introduction
River to Ridge Half Marathon has submitted an application requesting approval of a 5k,
10k and half marathon event. The event is to be conducted on a route beginning and
ending at Riverside Park. The race routes have been reviewed by the Police
Department and police assistance will be arranged with the sponsor. The event is
scheduled to take place on Saturday, September 24, 2011, and is titled “River to Ridge
Half Marathon”. According to Chapter 12.62, in section 12.62.02 of the Janesville
Municipal Code, the City Council must approve all first time special event applications
involving financial gain. Attached is a copy of the application and run/walk route maps.
Background
River to Ridge Half Marathon has provided the Leisure Services Department with a
completed application, and maps of the run/walk route. They have also paid the
appropriate event fee. Liability insurance will be purchased through the City upon
approval of the event.
Staff Recommendation
Leisure Services has reviewed this application, and staff recommends that the City
Council approve the request from River to Ridge Half Marathon to conduct a 5k, 10k
and half marathon event.
City Manager Recommendation
The City Manager concurs with Leisure Services recommendation.
Suggested Motion
I move to approve the financial gain request from River to Ridge Half Marathon to
conduct a 5k, 10k and half marathon event in the City of Janesville.
Please contact me if you have questions or concerns regarding this event.
Attachments
Cc: Eric Levitt, City Manager
Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services
1
DUM
PARKS DIVISION MEMORAN
February 16, 2011
TO: City Council
FROM: Tom Presny, Parks Director
SUBJECT: Donation by Janesville Conservation Club, Inc.
Since 1942 the Janesville Conservation Club, Inc. has leased the trap shooting
facility at La Prairie Park, which is located along Read Road on Janesville’s
southwest side. Their current lease agreement expires in May of 2014. In
appreciation of their ongoing ability to use the trap range the club historically has
made donations to the City of Janesville. These funds are generated from their
annual charity shooting event.
Club member Bill Boyd would like to present a check to the City in the amount of
$500 along with sharing a few brief comments. Conservation Club donations over
the years total $24,144, which have been used to purchase materials for the
Parks Division, including a boat and motor, utility cart, shade tree plantings, and
boat launch improvements.
The Janesville Parks Division thanks the Conservation Club for their generosity
over the years and their support for park-related activities.
CC:
Eric Levitt, City Manager;
Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services
Rebecca Smith, Management Assistant
1
Community Development Department Memorandum
Date: February 28, 2011
TO: Janesville City Council
FROM: Brad Schmidt, AICP, Associate Planner
SUBJECT: Second reading and public hearing on a proposed ordinance amending
the City of Janesville Subdivision Ordinance to change time limit
requirements for Plats (File Ordinance No. 2011-474)
SUMMARY
The Community Development Department has prepared attached Ordinance No. 2011-
474 which amends Section 17.60.040 of the Code of General Ordinance. Currently, the
Plan Commission may refuse to approve a final plat if it is not submitted within six (6)
months of the approval of the preliminary plat. However, state statutes were recently
amended to increase the submittal time for a final plat from six (6) months to thirty-six
(36) months. The proposed ordinance amendment will make this section of the City
Code consistent with State law. Other changes to the state statutes regarding submittal
times for subdivision plats do not impact the City’s Subdivision Ordinance.
DEPARTMENT RECOMMENDATION
The Plan Commission and Community Development Department recommend that
following a public hearing, the City Council support a motion to adopt Ordinance No.
2011-474 amending Section 17.60.040 of the Code of General Ordinances.
CITY MANAGER RECOMMENDATION
The City Manager defers to the Plan Commission and Community Development
Department recommendation.
SUGGESTED MOTION
A motion to adopt Ordinance No. 2011-474 amending the City’s Subdivision Ordinance
with regard to changes to Chapter 26 of Wisconsin Statutes relating to the extent of time
limits for plat submissions as set forth in the Janesville Code of General Ordinances
Chapter 17.
ANALYSIS
A. The Subdivision Ordinance currently sets a submittal time of six (6) months for
final plat approval subsequent to preliminary plat approval. The submittal time
has been changed to thirty-six (36) months.
B. The state statute change also specifies the submittal time for the recording of
final plats. Under State law, a final plat must be recorded within twelve (12)
months (previously six (6) months) of the last plat approval and within thirty-six
(36) months (previously twenty-four (24) months) after the first plat. The City’s
Subdivision Ordinance does not set submittal times for final plat recordings.
C. This amendment will not impact any preliminary or final plats since the City is not
currently processing any plats.
PLAN COMMISSION ACTION – 21 FEBRUARY 2011
Brad Schmidt, Associate Planner, presented the written staff report.
The public hearing was opened and no one appeared to speak on this item.
Chairperson Zolidis asked what the reasoning was behind this ordinance change and
Schmidt answered that it was to make the City’s ordinance consistent with recently
updated State Statutes.
There was a motion by Commissioner Werner with a second by Commissioner Adams
to forward this item to the City Council with a favorable recommendation.
The motion carried on a 6-0-0 vote.
FISCAL IMPACT
The proposed amendment to the Subdivision ordinance is not expected to have any
negative impact to the City.
The reason for this amendment is to comply with a change in State statutes in regards
to time requirements for plats.
cc: Eric Levitt
Jay Winzenz
Duane Cherek
ORDINANCE NO. 2011-474
An ordinance amending the City’s Subdivision Ordinance with regard to changes to Chapter 26
of Wisconsin Statutes relating to the extent of time limits for plat submissions as set forth in JGO
Chapter 17, with penalties for violations thereof as set forth as applicable in JGO 17.56.010.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I.
Section 17.16.040 of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
17.16.040 Final plat--Copies and filing fee submitted to City Planner--Review
procedure
. Thirteen copies of the final plat and master site grading and drainage plan
including the required filing fee shall be submitted to the City Planner at least twelve
days before the final plat is scheduled to be reviewed by the City Plan Commission.
The applicant shall also submit a copy of the final plat in digital format satisfactory to the
City Engineer. If the final plat is not submitted within six thirty-six months of the last
approval of the preliminary plat, the Plan Commission may refuse to approve the final
plat.
SECTION II.
This ordinance shall take effect immediately upon adoption by the Common
Council, the public health, welfare, peace, tranquility, good order, public benefit, and police
power so requiring.
ADOPTED: Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Absent
Pass
Brunner
McDonald
Eric J. Levitt, City Manager
Perrotto
Rashkin
ATTEST:
Steeber
Truman
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Wald Klimczyk, City Attorney
Proposed by: Community Development Department
Prepared by: Community Development Department
1
DEPARTMENT OF PUBLIC WORKS MEMORANDUM
February 18, 2011
TO: City Council
FROM: John Whitcomb, Operations Director
SUBJECT: SECOND READING, PUBLIC HEARING AND ACTION ON A
PROPOSED ORDINANCE AMENDING THE CITY’S SOLID WASTE
ORDINANCE TO INCREASE SANITARY LANDFILL FEES (File
Ordinance 2011-475)
Additional update is included in this memorandum. In the version of this
memorandum dated February 11, 2011, the figures of $1 million and $1.2 million
contained in the second paragraph under the Recommendation section were
transposed and are now corrected. See highlighted figures.
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 2013. 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 $1.2 million, and operating
expenditures will be reduced by approximately $1 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 public hearing, the City Council adopt File
Ordinance 2011- 475. A resolution authorizing the City Manager to enter into a three
year contract with Town & Country Sanitation, as described above, is an item under
New Business on the City Council’s February 28, 2011 regular meeting agenda.
City Manager Recommendation
The City Manager recommends City Council approval to increase the landfill rate to $33
per ton.
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
February 21, 2011
TO: City Council
FROM: David J. Moore, Chief of Police
SUBJECT: Second reading, public hearing, and action 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
The amended ordinance is scheduled for the public hearing on February 28,
2011. Council members Brunner and Steeber initially requested researching an
ordinance on regulating pawnshops.
The City Manager recommends approval.
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
CITY MANAGER’S OFFICE MEMORANDUM
February 21, 2011
TO: City Council
FROM: Rebecca Smith, Management Assistant
SUBJECT: Action on a Proposed Resolution Authorizing the City Manager to Execute
a Concessionaire Contract with the Friends of Traxler Park (File
Resolution #2011-769)
Request
Staff requests the Council authorize the City Manager to execute a Concessionaire
Contract with the Friends of Traxler Park for their land rink operations at the Traxler
Park Warming House.
Recommendation
Staff recommends the City Council adopt File Resolution 2011-769 to authorize the City
Manager to execute a Concessionaire Contract with the Friends of Traxler Park for their
land rink operations at the Traxler Park Warming House.
City Manager Recommendation
The City Manager concurs with the recommendation.
Suggested Motion
I move the Council approve File Resolution 2011-769 to authorize the City Manager to
execute a Concessionaire Contract with the Friends of Traxler Park for their land rink
operations at the Traxler Park Warming House.
Background
The Friends of Traxler Park have operated the land rink at the Traxler Park Warming
House since 2000. They operate the facility free of charge to the City and provide free
outdoor ice skating to the community each winter. Their volunteer efforts have also
included several upgrades to the Warming House building and new materials and
supplies to support the ice skating operations. Examples of their generosity include
donating funds to the City for purchase of a wooden stove; facilitating the donation of
new windows for the Warming House; donating a kitchen sink; and the purchase of ice
skates and storage shelves to further enhance the ice skating experience at Traxler
Park.
The Friends of Traxler Park fund their volunteer efforts at the park by selling
concessions in the Warming House during skating hours. Items typically sold include
pop, candy, popcorn and hot chocolate. Net proceeds from the concession sales go into
their operations or to providing new amenities.
1
Contract Terms
1. This contract would be for five winter seasons, 2010-2015; however the City
could terminate the contract on thirty (30) days notice or the Friends could
terminate on thirty (30) days notice.
2. The City would continue to maintain the Warming House property, while the
Friends are solely responsible for the concession operations, including
purchasing all food, and organizing all volunteers.
3. The Friends as the Concessionaire shall invest all net proceeds from the
concessions into the ice skating operation, Warming House building or
surrounding facilities/area.
Summary
The Friends of Traxler have been a wonderful community partner for the City of
Janesville and their volunteer efforts each year allow area skaters to enjoy outdoor
skating free of charge. This concessionaire contract solidifies the existing operational
situation in writing.
2
Resolution # 2011-769
A Resolution Authorizing the City Manager to Execute a Concessionaire Contract with
the Friends of Traxler Park
WHEREAS, the City wishes to operate a concession stand at one of its park facilities, within
said County, known as ROCK and for the following event(s) or circumstances: Traxler Park
Outdoor Ice Skating ; and
WHEREAS, the Friends of Traxler Park desires to operate said concession stand(s) within such
park(s) solely as an independent contractor, and the City is willing to allow the operation of the
same by the Concessionaire, all upon the terms hereinafter set forth;
WHEREAS, the Friends of Traxler have operated a concession stand at Traxler Park to provide
opportunities for Janesville children to ice skate at no charge at the City’s land rink since 2000;
and
WHEREAS, the Friends of Traxler are affiliated with the Community Foundation of Southern
Wisconsin; and
WHEREAS, all proceeds from their concessions are put into their ice skating operation or
amenities for the ice skating experience; and
WHEREAS, such concessionaire contract, terms and conditions are permitted by law and the
Common Council is empowered to enter into such lease contract, pursuant to section 62.11(5)
and 62.22, Wisconsin Statutes, and
WHEREAS, it is in the best interest of the City of Janesville, the community and surrounding
area to execute and enter into a concessionaire contract with the Friends of Traxler Park for the
concession operations at the Traxler Park Warming House; and
NOW THEREFORE BE IT RESOLVED by the Common Council of the City of Janesville that it
hereby authorizes the City Manager or his representative to execute and enter into, on behalf of
the City of Janesville, the currently negotiated five year concessionaire contract to operate
Traxler Park Warming House concessions commencing on December 1, 2010, a true and
correct photocopy of which is reiterated and incorporated herein as if fully set forth verbatim;
and,
BE IT FURTHER RESOLVED by the Common Council that the City Manager or his
representative is hereby authorized to negotiate, execute, enter into, amend, renew, and extend
such documents, papers, agreements, amendments, and forms, to take whatever other actions,
and to make whatever minor changes to the concessionaire lease contract and such other
related documents, papers, agreements, amendments, and forms as the City Manager or his
representative may, from time to time, find necessary, desirable, and/or beneficial to effectuate
the lease contract and/or the intent of this resolution on the City’s behalf.
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: City Manager’s Office
Prepared by: Management Assistant
CITY OF JANESVILLE
LEISURE SERVICES DEPARTMENT
CONCESSION CONTRACT FOR
TRAXLER OUTDOOR ICE SKATING
THIS AGREEMENT, made and entered into this December 1, 2010 by and between:
the City of Janesville, a Wisconsin municipal corporation located in Rock County,
Wisconsin, hereinafter designated as the “CITY”; and
Friends of Traxler Park:
JEFF KEENA
1402 S. WILLARD
JANESVILLE, WI 53546
hereinafter designated as the “CONCESSIONAIRE”, an independent contractor.
WITNESSETH THAT:
WHEREAS, the City wishes to operate a concession stand at one of its park facilities,
within said County, known as ROCK , and for the following event(s) or
circumstances:
Traxler Park Outdoor Ice Skating
WHEREAS, the Concessionaire desires to operate said concession stand(s) within such
park(s) solely as an independent contractor, and the City is willing to allow the operation
of the same by the Concessionaire, all upon the terms hereinafter set forth;
WHEREAS, the Friends of Traxler have operated a concession stand at Traxler Park to
provide opportunities for Janesville children to ice skate at no charge at the City’s land
rink since 2000; and
WHEREAS, the Friends of Traxler are affiliated with the Community Foundation of
Southern Wisconsin; and
WHEREAS, all proceeds from their concessions are put into their ice skating operation
or amenities for the ice skating experience; and
WHEREAS, the Friends of Traxler donated funds to the City for purchase of a wooden
stove, facilitated the donation of new windows to the Warming House, donated a new
sink for the kitchen, and purchased ice skates, wooden storage racks and other items to
further enhance the ice skating experience at Traxler Park.
1
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL CONVENANTS AND
PROMISES OF THE PARTIES HERETO and of the further respective terms, provisions
and obligations of the parties to this contract; each party hereby agrees and binds itself
as follows:
1. The City hereby grants to the Concessionaire permission to sell, at retail and
within
Traxler Park Warming House, soft drinks, pre-packaged candy and chips, and other
such items of personal property designed for use or consumption, and normally sold or
vended in public parks provided, however, that no intoxicating beverages or smoking
materials of any kind or character shall be stored, sold, or vended by said
Concessionaire either within or without said park system, or for use or consumption
therein.
2. The Concessionaire shall obtain, pay for and provide any and all necessary
licenses for the operation of the concession and shall insure inspection of
facilities as required by the State Statutes, City and County ordinances.
3. The Concessionaire shall be solely responsible and shall pay any and all income
and sales taxes arising from and/or pertaining to this Agreement and the
activities described herein.
4. The City shall pay for the cost of utility services including electricity and water
where available.
5. The City may provide light bulbs, first aid kit, and insect spraying as required to
maintain a safe, attractive, functional premise.
6. The City shall maintain the premises in good working order and repair. This
paragraph shall apply to the use of City buildings only, not to the use of private
concession conveyances or other private facilities, devices, vehicles, structures
and chattels.
7. The Concessionaire is hereby granted the City’s permission to operate
aforementioned concessions for a period, commencing December 1, 2010 and
ending February 28, 2015, (weather permitting) limited to a maximum of five (5)
years, unless a separate contract is agreed upon by the parties for an additional
period of time.
8. The City and its employees shall have, and the Concessionaire grants, the right
to enter upon and inspect, from time to time, the Concessionaire’s concession
and related facilities, vehicles and chattels, and any and all equipment and stock
of merchandise therein, and to inspect all receipts, books, records, invoices,
documents, records, and correspondence of Concessionaire pertaining to the
operation of concession(s) governed by this Agreement. The City understands
the Friends of Traxler use the Community Foundation of Southern Wisconsin for
their accounting/bookkeeping responsibilities. The City would need to be in
2
contact with the Community Foundation of Southern Wisconsin if there were
inquiries about their receipts or finances.
9. The Concessionaire shall, at all times, strictly observe and conform to, and abide
by each and every of the following rules and regulations pertaining to the
operation of said concession(s):
a. The Concessionaire shall employ only competent, courteous
employees/volunteers. The Concessionaire shall not retain any employee/volunteer
that the City or the Parks Director considers to be unfit for such employment,
discourteous, or otherwise objectionable. All employees/volunteers of the
Concessionaire shall be neatly dressed at all times. Employees/volunteers shall at all
times conduct themselves courteously in their relations with the public.
b. All sales shall be made from the concession areas and there shall be no
peddling through the park areas.
c. No glass bottles or glass cups may be used.
d. The Concessionaire shall keep the concession stand and the areas
immediately around it clean, attractive and orderly.
e. The Concessionaire shall place all garbage and refuse in garbage receptacles
provided by the City. The Concessionaire shall recycle any applicable materials.
f. The Concessionaire shall obtain, maintain, provide, and pay for Worker’s
Compensation Insurance in the minimal amount(s) and of the kinds required by law for
all of its employees at the concessions and shall provide the City with the certificate(s)
of such insurance prior to engaging in any sales.
g. The Concessionaire shall comply with all applicable licensing and other
provisions of the ordinances of the City and of the County of Rock, and all laws of the
State of Wisconsin.
i. All supplies, inventory and materials shall be furnished by the Concessionaire.
k. Dates and hours of operation shall be listed in Schedule “A” and must be
approved by the Parks Director.
l. Where applicable, the City may provide two sets of keys to concession stand(s)
which shall be returned upon the expiration of this contract.
m. The Concessionaire shall not allow any advertising to be posted in or about
the concession area(s).
n. No beer or liquors of any kind shall be sold, distributed or consumed in or
about the concession area(s).
3
o. No punchboards or gambling devices shall be permitted in or about the
concession area(s).
p. Concessionaire and/or supplier delivery trucks shall not drive on the grass, nor
shall any other vehicles be permitted off the paved roadways and parking areas.
10. The park concessions are patronized by children in all age groups and by family
groups having moderate or average incomes, all seeking the recreation which
outdoor activities afford. Therefore, the following are important parts of this
contract:
a. Whenever candy is sold, a variety of types and price ranges are to be featured
and displayed prominently in plain view of the patron.
b. At the beginning of each season, the Concessionaire shall submit a general
list of items to be dispensed (descriptions could be listed as: pre-packaged candy;
plastic bottles of pop, Gatorade; popcorn; hot chocolate), sold or rented from the
concession to the Leisure Services Department, prior to sale. The City reserves the
right to disapprove and forbid the dispensing, sale and/or rental of any item(s) unlawful
or too expensive. The Concessionaire may make minor changes to their offerings
without notice to the City, such as purchasing new or eliminating types of candy.
11. The Concessionaire hereby fully and forever indemnifies, releases, discharges,
saves and keeps harmless the City of Janesville and each and every of its
elected and appointed officials, officers, employees, representatives, agents and
their successors, heirs and assigns, of and from any and all liability, liens,
damages, claims, awards, payments, judgments, costs, damages, fees, and
expenses, including attorney fees, of whatsoever kind or nature which are and/or
may in any way be suffered by, or which may accrue against or by charged to or
recovered from the City of Janesville or by any of its officers, officials, agents,
representatives, or employees, and/or their successors, heirs or assigns arising
from, pertaining to, and/or in consequence of the operation of the concession(s)
by, and/or any acts, omissions, negligence and/or malice of, the Concessionaire,
its employees representatives, and/or agents.
12. The City shall not be responsible for any loss by fire, theft, vandalism or any
other casualty to Concessionaire or any other person regardless of cause and/or
origin. Concessionaire hereby forever fully releases, waives, discharges and
indemnifies the City from the same.
13. The City may obtain and maintain property insurance coverage for the fair market
value of the facility being used by the Concessionaire and any equipment
contained therein owned by the City. Any additional items the Concessionaire
wishes to cover shall be covered solely at the Concessionaire’s expense with
documentation provided to the City.
4
14. The Concessionaire shall obtain, at all times maintain, and pay for, solely at its
own expense, property insurance for any and all equipment, inventory, vehicles
and supplies stored in the concession stand or other areas under its control
under this Agreement.
15. The Concessionaire shall not assign or sublet this contract; or sublet or assign all
or any part of the concession(s) without prior written consent of the City.
16. The City reserves the right, at any time, to authorize any picnic group or public
group desiring to handle their own refreshment stands, or refreshments on or
about said Park systems, to do so, notwithstanding any provision in this contract
to the contrary.
17. In the event that the Concessionaire fails to comply with one or more of the
terms, provisions or promises set forth in this contract, such failure shall be
considered a default and/or breach of the contract. Failure to cure such default
within five (5) days after receipt of written notice thereof from the City may result
in addition to and not in lieu of any other legal or equitable right, remedy and/or
privilege to which the City is or may be, entitles to termination of this contract
upon written notice to the Concessionaire, in which event this contract shall be
void and of no further force or effect whatsoever and the Concessionaire shall
immediately deliver up possession of premises to the City and immediately cease
all sales activities.
18. The buildings, refreshment stand, shelters, rooms and locations, and any and all
parts thereof, which are the property of the City shall forever remain the property
of the City, and upon the termination of this contract by lapse of time or
otherwise, the Concessionaire shall immediately surrender possession of all of
said premises to the City in as good or better a condition as said premises were
when first occupied by Concessionaire under the terms of the contract.
19. The Concessionaire shall, at its own cost and expense, provide a sufficient
number of employees/volunteers to adequately service the public promptly and
efficiently and in a manner satisfactory to the City. All such employees shall be
hired and employed in conformity with the Statutes and Laws of the State of
Wisconsin.
20. The Concessionaire shall not permit any agent, representative, or employee to
remain in or upon the premises of the City in any of the buildings, structures, or
locations occupied by the Concessionaire at any time after the close of business
(see Schedule “A”); provided, however, that if required for the protection of its
property, the Concessionaire may employ and permit watchmen to remain in said
building(s) so occupied by it after first having obtained written permission from
the City Parks Director to do so.
5
21. This contract shall be subject to termination by the Concessionaire regardless of
grounds therefore, by giving the City thirty (30) days prior written notice of
termination.
22. The contract shall be subject to termination by the City, in addition to any and all
other reasons, and without cause, upon the happening of any one or more of the
following:
a. The Concessionaire is adjudicated bankrupt, is in receivership, or because
of its financial condition is judged by the Parks Director as being or
appearing unable to continue a successful operation.
b. Failure of the Concessionaire to perform, keep, and observe any of the
provisions of the contract; and/or the failure of the Concessionaire to
correct the default or breach within the time as specified by the City
Parks Director.
c. Singular, infrequent, occasional, frequent, repeated, or numerous failures
of the Concessionaire to perform, keep and observe any one or more
than one of the provisions of the Contract, regardless of whether the
Concessionaire has cured or has attempted to cure, any such defaults
or breaches of contract.
d. Thirty (30) day prior written or verbal notification of termination, by the City
to the Concessionaire, even without cause.
23. The Concessionaire shall invest all net proceeds from the concessions into the
ice skating operation, Warming House building or surrounding facilities/area.
24. It is the intent of the parties hereto that, at all times and for all purposes, the
Concessionaire shall be considered legally as an independent contractor and
that neither he nor any of his employees, agents or representatives, shall, under
any circumstances, be considered employees, servants, representatives, or
agents of the City of Janesville, and the City shall at no time be legally or
otherwise responsible or liable for any negligence on the part of said
Concessionaire, his employees, servants, representatives, or agents, resulting in
either personal or property damage to any person.
25. Nothing contained herein constitutes nor shall it be construed as creating any
partnership between the parties hereto.
26. This contract may be modified at any time but only upon mutual written
agreement of the parties, executed by both parties.
6
IN WITNESS WHEREOF, the parties have set their hands and seals at Janesville,
Wisconsin all on the date first above written.
CONCESSIONAIRE: WITNESS:
Name Name
Title Title
Signature Signature
CITY OF JANESVILLE:
Eric Levitt, City Manager
SCHEDULE “A”
CONCESSIONAIRE:
Friends of Traxler Park, JEFF KEENA
Traxler Outdoor Ice Skating season
December 1 – February 28, 2010-2015
Weather permitting
HOURS OF OPERATION
SAT. & SUN & HOLIDAYS: 12:00 PM - 9:00 PM
MONDAY-FRIDAY: 4:00 PM – 9:00PM
APPROVED BY:
Tom Presny, Parks Director
7
DEPARTMENT OF PUBLIC WORKS MEMORANDUM
17 February 20011
TO: City Council
FROM: Mike Payne, Engineering Manager
SUBJECT: ACTION ON A PROPOSED PRELIMINARY RESOLUTION
FOR PUBLIC WORKS BID SCHEDULE “A” – 2011
AND SCHEDULE A PUBLIC HEARING FOR THE FINAL
RESOLUTION (FILE RES. NO. 2011-776) ON MARCH 14, 2011
Summary:
The City Council will consider attached Preliminary Resolution No. 2011-776 for an
assessable project on Bid Schedule “A”-2011 at the February 28, 2011 meeting. The
Resolution includes the construction of an urban street cross section on Austin Road
(south of W. Court Street) as part of the street rehabilitation program for 2011. In
addition, there are three other categories included for assessment purposes only. By
adopting this Preliminary Resolution, the City is declaring its intent to assess the
abutting properties benefited by these improvements.
Category I is curb & gutter and paving.
Category II is water main only.
Category III is water and sewer.
Category IV is paving.
City Manager’s Recommendation:
The City Manager recommends adopting the Preliminary Resolution and setting a public
th
hearing for March 14.
Engineering Division Recommendation:
The Engineering Division recommends Preliminary Resolution No. 2011-776 be
adopted and the Final Resolution and public hearing be set for Monday, March 14,
2011.
Suggested Motion:
I move to adopt Preliminary Resolution No. 2011-776 and set the Final Resolution and
public hearing for Monday, March 14, 2011.
Attachment
cc: Eric Levitt
Jay Winzenz
Carl Weber
\\petey\cojhome\agenda review\approved agenda items\2011\02-28-2011\bid schedule 2011-a - memo.doc
PUBLIC WORKS BID SCHEDULE “A”-2011 28 FEBRUARY 2011
RESOLUTION NO. 2011-776 PAGE (1) OF (4)
PRELIMINARY RESOLUTION
PRELIMINARY RESOLUTION DECLARING INTENT TO EXERCISE SPECIAL
ASSESSMENT POWERS UNDER SECTION 66.0703, WISCONSIN STATUTES AND
REQUIRING INSTALLATION OF WATER, SEWER, AND GAS SERVICE PIPES AND
PROVIDING FOR ASSESSMENT OF COSTS UNDER SECTION 66.0911, WISCONSIN
STATUTES;
RESOLVED, By the Common Council of the City of Janesville, Wisconsin.
1. The Common Council hereby declares its intention to exercise its power pursuant to
S.66.0703 and S.66.0911, Laws of the State of Wisconsin, to levy special assessments on a reasonable
basis upon property abutting the following described streets, pursuant to its police powers, by
improvement of the said streets to further facilitate traffic flow and safety, and to assist in providing for
the safety, health, and general welfare of the public, to-wit:
I. CURB & GUTTER AND PAVING
All Property Fronting
Upon Each Side Of From To
Austin Road W. Court Street 385’ South of W. Court Street
II. WATER MAIN ONLY (FOR ASSESSMENT PURPOSES ONLY)
All Property Fronting
Upon Each Side Of From To
STH 11 (N. Side Only) 370’ East of S. Wright Road 975’ East of S. Wright Road
STH 11 (S. Side Only) USH 51 325’ East of USH 51
III. WATER AND SEWER (FOR ASSESSMENT PURPOSES ONLY)
All Property Fronting
Upon Each Side Of From To
USH 51 (E. Side Only) STH 11 475’ South of STH 11
Center Avenue (USH 51) 1455’ S. of Burbank Street 1605’ S. of Burbank Street
(E. Side Only)
PUBLIC WORKS BID SCHEDULE “A”-2011 28 FEBRUARY 2011
RESOLUTION NO. 2011-776 PAGE (2) OF (4)
IV. PAVING (FOR ASSESSMENT PURPOSES ONLY)
All Property Fronting
Upon Each Side Of From To
Old Kennedy Road Kennedy Road 629’ North of Kennedy Road
(W. Side Only)
2. Said public improvements shall include the above listed improvements on the various listed
streets to the grades established therefore by the City Council of the City of Janesville, Wisconsin, and
recorded in the Office of the City Clerk whether previously established or established in the future.
3. The property against which the assessments are proposed shall be benefited by the
improvements and said assessments shall be made upon a reasonable basis.
4. That the actual levy of the special assessment shall take place at the time of the adoption of
the final public works resolution by the Common Council of the City of Janesville concerning these
improvements. The property owner(s) in Rock Township against whose property such special
assessment shall be levied under and by this Resolution shall have their payment obligation deferred,
without interest accruing thereon, until such time as their specific property is annexed or connects to
such improvement(s), in which event the special assessment shall be due and payable either in full or in
five (5) annual installment payments, the latter with interest accruing thereon from the date of annexation
or connection. This method of payment shall be approved and ratified by the Board of the Town of Rock
in accord with Section 66.0707 of the Wisconsin Statutes, and such other applicable provisions of law
and intergovernmental agreement(s), and shall act, once so ratified by the Rock Town Board, as a levied
special assessment against such abutting and/or benefiting properties in the Town of Rock. This levy
and special assessment payment provisions are in accord with the City of Janesville/Town of Rock
Cooperative Boundary Plan, City of Janesville Common Council Special Assessment Policy No. 63,
related pertinent provisions, and the Town of Rock/Janesville Highway 11 Bypass Agreement. The
special assessment levy and payments shall be made by the abutting, benefiting and affected property
owners in accord with the LaPrairie and Rock Township City of Janesville Highway 11 Bypass
Agreement, as well as the Rock/Janesville Cooperative Boundary Plan. This provision applies only to
the properties located in the Town of Rock.
5. Excluding the assessment for the installation of sewer and water service pipes (lateral) and
the assessment against any parcel owned by an individual property owner may be: (a) paid in cash
upon completion of the work; or (b) paid with the taxes the first year following completion of the work; or
(c) at the election of the property owner, spread over a period of five (5) years with interest at six percent
(6%) per annum on the unpaid balance. The first installment on the five-year plan shall include one-fifth
of the principal with the interest for November and December on the unpaid portion and shall be so
entered in the Tax Roll. Each of the subsequent installments shall be entered in each of the annual tax
\\Petey\COJHome\Agenda Review\Approved Agenda Items\2011\02-28-2011\Bid Schedule 2011-A - Res 2011-776.doc
PUBLIC WORKS BID SCHEDULE “A”-2011 28 FEBRUARY 2011
RESOLUTION NO. 2011-776 PAGE (3) OF (4)
rolls thereafter until all are collected. Deferred payment on the aforementioned installments shall bear
interest at six (6%) per annum.
The assessments against any parcel for sewer and water service pipes shall constitute a lien
against such parcel and must be paid in cash or with the taxes in the year following the completion of the
work.
The assessments, as outlined above, pertain only to said individual property owners. The
assessments against all parcels of land owned by others, which include subdividers, land developers,
speculative builders, or owners of several or more lots on the same street or in the same area will be
billed upon completion of the work after which interest at six percent (6%) per annum will be charged
from the last day of the month of the billing. The assessments for said other owners may be: (a) paid in
cash upon completion of the work in the month of billing without interest; or (b) paid with the taxes the
first year following the completion of the work, the amount to be entered in the Tax Roll shall include the
unpaid principal with interest through the end of December in the year so entered; or, (c) at the election
of the property owner and with the approval of the Committee of Public Works, spread over a period of
five (5) years with interest at six percent (6%) per annum on the unpaid balance. The first installment on
the five-year plan shall include one-fifth of the principal with interest through the end of December in the
year so entered. Each of the subsequent installments shall be entered on each of the annual tax rolls
thereafter until all are collected. Deferred payment on the aforementioned installments shall bear
interest at six percent (6%) per annum.
6. The City Engineer is directed to prepare a report consisting of:
a. Final plans and specifications for said improvements,
b. An estimate of the entire cost of the proposed improvements,
c. A schedule of the proposed assessments, and
d. A statement showing that the property against which the assessments are proposed is
benefited, the improvement constituting an exercise of police powers.
Upon completing such report, the City Engineer is directed to file a copy thereof in the City
Clerk's Office for public inspection. The City Engineer is also directed to advertise for bids to carry out
such work of such improvements in accordance with the report.
7. Upon receiving the report of the City Engineer, the Clerk is directed to give notice of a Public
hearing on such report as specified in S.66.0703(7)(a), Wisconsin Statutes. The hearing shall be held at
the Council Chambers in the Municipal Building at a time set by the Clerk, in accordance with
S.66.0703(7)(a), Wisconsin Statutes.
\\Petey\COJHome\Agenda Review\Approved Agenda Items\2011\02-28-2011\Bid Schedule 2011-A - Res 2011-776.doc
PUBLIC WORKS BID SCHEDULE “A”-2011 28 FEBRUARY 2011
RESOLUTION NO. 2011-776 PAGE (4) OF (4)
8. The City has determined to undertake the capital improvements described in paragraph 1
above (the "Projects"). The City anticipates that moneys, other than the proceeds of any outstanding
debt of the City, will be expended by the City with respect to such capital improvements. The City
reasonably expects to be reimbursed for such expenditures with proceeds of its debt. The maximum
principal amount of debt expected to be issued for the reimbursement of such expenditures is
$5,000,000. No funds from sources other than the debt referred to above are, or are expected to be,
reserved, allocated on a long-term basis, or otherwise set aside by the City or any entity controlled by
the City pursuant to its budget or financial policies with respect to the Projects. This is consistent with
the budgetary and financial circumstances of the City. Copies of this resolution shall be made available
for public inspection in the manner required by law. This Resolution is a declaration of official intent
under Treasury Regulation Section 1.150-2.
ADOPTED:
MOTION BY:
SECOND BY:
APPROVED:
COUNCILMEMBER AYE NAY PASS ABSENT
BRUNNER
Eric J. Levitt, City Manager
McDONALD
ATTEST:
PERROTTO
RASHKIN
Jean Ann Wulf, City Clerk-Treasurer
STEEBER
TRUMAN
APPROVED AS TO FORM:
VOSKUIL
Wald Klimczyk, City Attorney
Proposed by: Engineering Division
Prepared by: Engineering Division
\\Petey\COJHome\Agenda Review\Approved Agenda Items\2011\02-28-2011\Bid Schedule 2011-A - Res 2011-776.doc
DEPARTMENT OF PUBLIC WORKS MEMORANDUM
February 17, 2011
TO: City Council
FROM: John Whitcomb, Operations Director
SUBJECT: ACTION ON A PROPOSED RESOLUTION AUTHORIZING THE
CITY MANAGER TO ENTER INTO A WASTE DISPOSAL
CONTRACT WITH TOWN & COUNTRY SANITATION THROUGH
DECEMBER 31, 2013 (FILE RESOLUTION 2011-778)
Summary
The proposed File Resolution authorizes the City Manager to enter into a waste
disposal contract with Town & Country Sanitation through December 31, 2013,
and establishes disposal pricing and includes specific waste requirements and
restrictions. The prior agreement with Town & Country Sanitation expired on
December 31, 2010.
Staff Recommendation
Following Council discussion, staff recommends the City Council adopt File
Resolution 2011-778.
Recommended Motion
I move to adopt File Resolution No. 2011-778 authorizing the City Manager to
enter into a waste disposal contract with Town & Country Sanitation for a term of
three years and at the rates and other provisions contained in the Resolution.
City Manager Recommendation
The City Manager recommends approval. This contract is structured to maintain
the cash flows and waste flows for the life of the landfill as discussed by the
Council during the study sessions. The contract is structured as a 3-year
contract due to the decrease we have seen in volumes since the original budget
plan was approved.
Request
There was no specific request by Council, although the Council had prior
authorized a one year extension of the prior disposal contract, through 2011, with
Town & Country Sanitation.
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
1
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 2013. Town & Country has also
agreed to haul approximately 45,000 tons in 2011, though was unwilling to
commit to that in contract language. 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).
Assuming the City enters into a contract with Town & Country Sanitation, it is
estimated the landfill will receive approximately 188,000 tons in 2011, down from
the 2010 waste flow of about 228,000 tons, and significantly less than the
242,000 tons assumed in the 2011 adopted budget.
Financial Impacts
Below is a Sanitation Fund income statement which shows: 2010 actual Fund
performance; 2011 projected fund performance as presented to Council at the
August 2010 study session; 2011 as budgeted; 2011 projected fund performance
with Town & Country Sanitation as is being proposed; and 2011 projected fund
performance without Town & Country Sanitation.
2
Sanitation Fund Income Statement
2011 With
20102011Town & Country2011 Without
ActualBudgetedas ProposedTown & Country
Expenditures$ 6,628,015$ 7,560,612$ 6,550,612$ 5,964,612
Revenue$ 6,941,447$ 8,515,518$ 7,325,518$ 5,987,518
Gross Income (Loss)$ 313,432$ 954,906$ 774,906$ 22,906
Transfers$ 977,589$ 1,208,270$ 1,208,270$ 1,208,270
Net Income (Loss)$ (664,157)$ (253,364)$ (433,364)$ (1,185,364)
Ending Undesignated Fund Balance$ 1,417,381$ 1,164,017$ 984,017$ 232,017
Landfill Tons 228,758 242,000 188,000 143,000
Gate Rate Per Ton$ 28.90$ 30.00$ 33.00$ 36.00
The table illustrates the significance of the proposed contract with Town &
Country Sanitation. Without the contract, the Sanitation Fund would be projected
to have a net loss of over $1.1 million in 2011. With the contract, there is a
projected Sanitation Fund net loss of approximately $433,000 which is
approximately $180,000 greater than the net loss contained in the 2011 adopted
budget.
Recommendation
Given the changes in the marketplace, it will be extremely difficult for the City to
both maintain 2010 waste flows through 2011 (which was to facilitate permanent
closure of landfill Cell 1) while also beginning to reduce waste flows beginning in
2012, as previously suggested. Permanent closure of landfill Cell 1 will now not
occur until 2012, although there are a number of closure-related activities that will
be completed this year which should help reduce offsite odor migration. These
market changes do, however, present an opportunity for the City to reduce waste
flows beginning this year rather than in 2012.
The goal of reducing waste flows does not eliminate the need for disposal
contracts, particularly in light of Veolia’s purchase of the Mallard Ridge landfill.
Town & Country Sanitation has agreed to pricing at 95% of the base gate rate
established by City ordinance, with pricing caps in each year of the contract as
noted in the Resolution.
Staff recommends Council adopt File Resolution 2011-778, authorizing the City
Manager to enter into a waste disposal contract with Town & Country Sanitation
for a term if three years with the provisions noted.
3
RESOLUTION NO. 2011- 778
A Resolution authorizing the City Manager to enter into a contract, on behalf of the City
of Janesville, with Town & Country Sanitation, establishing a three year term of contract
and providing pricing for the disposal of solid waste at the City of Janesville sanitary
landfill.
WHEREAS, Town & Country Sanitation and the City have negotiated the terms of a
waste disposal contract which establishes a three year term and disposal fees; and
WHEREAS, said contract is reiterated and incorporated herein by reference as if fully st
forth verbatim; and
WHEREAS, entering into a contract with Town & Country Sanitation is beneficial to the
City in the form of revenue and in maintaining marketable disposal fees for all
customers; and,
WHEREAS, Janesville General Ordinance Section 8.64.150 (K) permits such disposal
contracts; and,
WHEREAS, the Common Council finds this contract to be of benefit to the City and in
the best interest of the City’s landfills and the City overall.
NOW, THEREFORE BE IT RESOLVED by the Common Council of the City of
Janesville that the City Manager and City Administration, on behalf of the City of
Janesville, are hereby jointly and severally authorized to amend an existing contract
with Town & Country Sanitation in the manner and for the purposes set forth in the
above recitals, and to negotiate, draft, enter into, amend such contracts and/or other
agreements and modifications, and to take such other actions as the City Manager
and/or his designee may determine, from time to time, to be in the best interest of the
City to effectuate the purpose of this resolution, and/or the administration of said
contract(s), and to establish the time frames and other terms and conditions of each
contract not expressly addressed by this resolution, as well as to include the terms and
conditions set forth herein.
BE IT FURTHER RESOLVED by the Common Council that the City of Janesville hereby
establishe the following provisions in the contract with Town & Country Sanitation:
A. Town & Country’s fee payment for the disposal of municipal solid waste at the
CITY’S sanitary landfill shall be 95% of the sanitary landfill base fee. Base fee, as
used herein, shall be the full and total gate rate established by City Ordinance
8.64.150 (A) less any and all state and federal fees, taxes and surcharges.
B. Town & Country’s base fee payment shall not exceed $19.00 per ton in 2011; $19.95
per ton in 2012; and $20.90 per ton in 2013.
C. In 2011 only, Town & Country shall receive a $1.00 discount on the disposal price for
every ton over 30,000 delivered to the City’s landfill. The discount applies to the
disposal price as determined by Paragraphs A and B of this resolution.
D. Town & Country agrees to deliver to the City of Janesville a minimum of 30,000 tons
of waste annually for the term of contract and is obligated to annually pay the City an
amount equal to this minimum tonnage multiplied by the fee payment established
herein. This provision applies even if Town & Country delivers to the City less than
30,000 tons in any year of the contract.
E. Unless authorized otherwise, in writing from the City Manager, Town & Country shall
not deliver more than 40,000 tons of waste in 2012 and 2013.
F. The term of this Contract shall begin upon the date of execution by the City Manager
and shall extend through December 31, 2013. The terms and conditions of this
Contract may be extended if mutually agreed by the CITY and CONTRACTOR.
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: Operations Division
Prepared by: Operations Division
CITY MANAGER’S OFFICE MEMORANDUM
February 15, 2011
TO: City Council
FROM:Rebecca Smith, Management Assistant
SUBJECT: Action on a resolution supporting the elimination of the February primary
and the April general election in favor of Consolidating Elections in the
Fall. (File Resolution No. 2011-771)
Request
At the December 12, 2010 council meeting, Councilmembers Brunner, McDonald and
Rashkin requested the Administration draft a resolution in support of moving the
February primary and the April general election to take place in the fall.
Recommendation
No recommendation from staff.
City Manager Recommendation
The City Manager recommends that if the Council supports a Resolution to the
legislature that would support eliminating Spring Elections in favor of Fall elections, that
it would also support that Fall election occur annually in order to maintain having half of
the City Council and other local legislative bodies elected every other year.
Suggested Motion
I move to approve resolution 2011-771 in support of eliminating the February primary
and the April general election in favor of consolidating the elections in the Fall.
Background
Elections in the State of Wisconsin currently take place in the spring (February primary,
April general election) and the fall (September primary, November general election).
Spring elections are held for non-partisan offices every year, such as judicial, city
council or school board races. Fall elections are currently held for partisan positions in
even years, such as Congress, Assembly or county elected official races. The state
holds partisan elections only in even-numbered years, while non-partisan elections take
place every year.
In Janesville, the Clerk-Treasurer Division organizes 1-4 elections depending on the
year. The Clerk’s Office estimates the variable costs to implement a spring primary is
$15,000, while a spring general election has about $20,000 in variable costs. The
spring election tends to draw fewer voters, particularly the February primary, in
comparison to the annual fall elections. Attachment 1 outlines voter participation during
the last four years. The Clerk’s Office is required to complete several mandatory
activities for each election, including poll worker training; voter machine testing;
organizing the polling places; accounting for absentee balloting; administration of the
1
Election Day activities; and completing the follow up work necessary for the
Government Accountability Board. Under the current system, all of these activities must
take place no matter the turnout or number of ballot items.
Logistics of Eliminating Spring Elections
There are a few concepts that should be considered when determining whether
eliminating spring elections and moving the local election to the Fall is worthwhile. First,
there are questions about the ballot. In cases where a municipality has referendums
before the voters in addition to the standard office elections, the ballot can get rather
long. If the ballot would be so long as to not fit on one piece of paper, Clerks would have
to program some machines to read the first ballot piece of paper and some machines to
read the second ballot piece. The City of Janesville would need to purchase additional
equipment if the ballot grew to more than one piece of paper.
There also may be concerns that the ballot would become more confusing for voters.
Typically, the area that confuses voters the most, from the perspective of the Clerk’s
Office, is the fall primary ballot where individuals can only vote for candidates within one
political party. If the City were to add any spring primary items, there would be more
than one set of rules on the same ballot which could cause greater confusion.
Another consideration is poll worker training. Currently poll workers are trained for about
one hour before each spring and fall election season. Staff feels there would be no
money or time saved on training if the state went to only fall elections. If elections were
taking place only once a year, training would be increased to four hours to ensure
everybody is refreshed on the elections in consideration of the longer amount of time
between working the polls.
Another issue to examine is voter turnout. From the perspective of the Clerk’s Office,
voters that typically vote in the less popular spring elections also vote in the fall
elections; therefore, municipalities likely won’t see an increase in voters if voting only
takes place in the fall. Janesville may see an increase in the number of people that vote
for the non-partisan races or local elections if they are moved to the fall.
Another consideration to examine is whether it would be prudent to eliminate odd year
non-partisan elections. If non-partisan elections continue to be held every year,
municipalities would still need to hold elections every year. If non-partisan elections
were moved to even years only, there would be two years in each four year cycle where
no elections would be held, thus saving significant time and money. It should also be
noted, that in presidential election years (once every four years) a February election is
necessary for the Presidential Preference ballot item, in addition to a September
primary and November general election.
With Councilmembers currently having two year terms, eliminating odd year elections
results in all Councilmembers being up for elections at the same time. Citizens would
vote for all seven positions at one time and there is the possibility for the complete
changeover of elected officials at one time. If having all Councilmembers up for election
2
concurrently is undesirable, one option would be to extend the terms of
Councilmembers to four years. This results in only half of the Council being up for
election at the same time.
Legislative Update
Eliminating the spring elections requires a constitutional amendment. This means the
resolution would need to pass in two (2) consecutive legislative sessions and then it
would be put before voters in a statewide referendum.
In 2009 State Senator Holperin introduced Joint Resolution (AJR #2) to eliminate the
February primary and April election. This resolution didn’t attract support and didn’t
pass. Currently there is no legislation pending on this topic. Staff found one city that has
affirmed support of this idea. Rice Lake passed a resolution in 2009 supporting
elimination.
Summary
As state and municipal budgets have become increasingly tight, municipalities and
elected officials at the local and state level are looking for creative ways to save money
and time, while also continuing to provide important services to the public. Some
suggest eliminating the spring elections will reduce time and money; however, there are
also those that feel significant saving won’t be seen unless the spring elections are
eliminated and non-partisan elections are moved to even years only.
Follow Up
If the council approves this resolution, staff will follow up with a letter with a copy of the
resolution to Representatives Knilans and Loudenbeck and Senators Cullen and
Holperin sharing with them Janesville’s opinion on the elimination of the elections.
CC: Eric Levitt, City Manager
Jacob J. Winzenz, Assistant City Manager
Jean Wulf, Clerk-Treasurer
3
Attachment 1
Registered
Voters on Ballots
Poll ListCast
YearElection
Spring Primary 38,650 1,945
2007
Spring Election 38,519 7,557
Spring Primary 38,370 16,244
Spring Election 39,234 7,757
2008
Fall Primary 39,234 1,998
Fall General 40,309 31,869
Spring Primary 42,175 1,550
2009
Spring Election 41,967 6,530
Spring Primary 34,550 1,149
Spring Election 34,511 4,343
2010
Fall Primary 34,382 7,767
Fall General 34,540 21,370
4
FILE RESOLUTION NO. 2011-771
A resolution supporting the elimination of the February primary and the April
general election in favor of Consolidating Elections in the Fall.
WHEREAS, the State of Wisconsin, its counties, cities, villages and towns are facing budget
constraints; and
WHEREAS, the Wisconsin Constitution currently requires non-partisan elections to be held in the
spring and partisan elections to be held in the fall; and
WHEREAS, each election cycle requires a significant monetary cost for the citizens of the City of
Janesville; and
WHEREAS, each election requires municipal clerk offices statewide to expend significant time
with pre-election, Election Day and post-election activities; and
WHEREAS, voter turnout for spring elections is low in comparison to fall elections; and
WHEREAS, eliminating the February primary and the April general election will provide some
cost savings; and
WHEREAS, eliminating the February primary and the April general election will likely increase
voter participation for non-partisan elections; and
NOW, THEREFORE, LET BE IT RESOLVED By the Common Council of the City of
Janesville, on this 28th day of February, that the City of Janesville Common Council supports
amending the Wisconsin Constitution to eliminate the February primary and the April general
election; and
BE IT FURTHER RESOLVED by the Common Council that we request our Wisconsin State
Legislature to examine issues of election costs, including moving non-partisan elections to even
years only, and support the implementation of cost saving measures where possible, including
the elimination of spring elections.
Motion by:
ADOPTED:
Second by:
Councilmember Aye Nay Pass Absent
APPROVED:
Brunner
McDonald
Eric Levitt, City Manager
Perrotto
Rashkin
ATTEST:
Steeber
Truman
Jean Ann Wulf, City Clerk-Treasurer
Voskuil
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by: Councilmembers Brunner, McDonald, Rashkin
Prepared by: Management Assistant
ADMINISTRATIVE SERVICES MEMORANDUM
February 21, 2011
TO: City Council
FROM: Jacob J. Winzenz, Dir. of Admin. Services/Assistant City Manager
SUBJECT: Discussion and direction to staff on proposed revisions to various
Council Policies regarding public improvements and special
assessments (Council Policies #63, #70 and #78); and a new
Council Policy on payments of special assessments (Council Policy
#87).
. Introduction and schedule a public hearing on a proposed
ordinance eliminating the waiver of special assessment procedures
as a means for satisfying new developer/subdivider storm sewer,
sidewalk, and street lighting payment obligations (File Ord. 2011-
478)
Summary
The City of Janesville has historically had very pro-development policies
regarding the financing of public improvements. The City has essentially acted
as a financial institution by incurring the costs to develop land and allowing the
developer/subdivider to repay the City over five (5) years. However, unlike a
financial institution, the City has not completed any credit checks, reviewed
business plans, or required that the businesses be sufficiently capitalized. With
the downturn in the housing market, numerous subdividers in the City of
Janesville have been unable to pay the property taxes and/or special
assessments on these lots. Many of these lots are in danger of being auctioned
by the County for these back taxes and special assessments.
Given this experience, and the absence of development activity at this time, it is
appropriate to review how the City of Janesville finances development activity.
The City Council has adopted various policies dealing with these subjects
including Council Policy #63, Council Policy #70, and Council Policy #78. In
addition, the Subdivision Ordinance contains various references to the financing
of development activities. Further, the City Council has requested some criteria
on the granting of hardship deferrals and staff has incorporated their suggestions
into Council Policy #87.
Recommendation
Staff would appreciate feedback from the City Council on the proposed revisions
to these Council Policies. These policies will then be revised and brought back
th
to the City Council on March 14 for formal action.
Following the introduction of File Ordinance 2011-478, staff recommends that it
be scheduled for a public hearing on March 14, 2011.
City Manager’s Recommendation
The City Manager is looking for guidance from the Council on these policy
changes. Due to the current economic times, the City is experiencing potential
developer delinquency of $2.9 million as of January 2011. As the economy
recovers this number could go down. However, the larger policy question is
whether the City should be assuming this risk in the future.
Some of the potential changes would mitigate our risk in the future on
development assessments.
Background
On October 15, 2010, Rock County held their annual auction of tax delinquent
properties. What was somewhat unique about this sale is that it included
improved but undeveloped residential lots within the City of Janesville. The City
had financed approximately $127,000 worth of improvements to these lots and
was faced with the prospect of losing much of this investment or purchasing the
lots. The City ended up purchasing the lots and is in the process of selling them
to recover the public investment.
Unfortunately, the scenario described above may be a common occurrence in
the coming years as lots are sold by the County to recover delinquent property
taxes and special assessments. As of January 31, 2011, 169 improved, but
undeveloped, residential lots have delinquent property taxes and/or special
assessments. The total amount delinquent on these lots is approximately $1.77
million with additional amounts owing, but not due, of $1.15 million. Of this total
($2.92 million) approximately 65.4% is owed to the General Fund, 18.1% to the
Water Utility, and 16.5% to the Wastewater Utility.
What is described above resulted from the confluence of pro-development
assessment policies and a dramatic downturn in the housing market. For many
decades the City has been very pro-development by installing requested public
improvements (water, sanitary sewer, curb and gutter, storm sewer, streets, and
street lights) and allowing developers/subdividers to pay for these improvements
over five (5) years. This has allowed developers/subdividers to install public
improvements to their properties with very little of their own capital and repay the
City as the lots are sold. This has worked very well for many years, until the
recent downturn in the housing market.
In order to prevent this from occurring in the future it is appropriate to re-examine
the City’s policies related to the financing of public improvements. This is an
especially good time to do so because there is very little development activity so
any changes will not affect developments that are currently under consideration.
2
Future developments will be affected, but the developers/subdividers will be
aware of any changes before proceeding.
Analysis
For several decades the City has financed many of the public improvements
(water, sanitary sewer, curb and gutter, storm sewer and street construction) by
allowing developers/subdividers to pay the improvement cost over five (5) years.
This has worked well for the developers/subdividers because they have been
able to improve land without putting their own capital at risk, and repay the City
as the lots sell. It has worked well for the City because it has facilitated
development and the growth of the tax base. However, with the downturn in the
housing market, many of these developers/subdividers have been unable to pay
their property taxes and special assessments, and the City is at risk of losing its
investment.
In order to prevent this from occurring in the future staff has reviewed our policies
dealing with special assessments and is proposing a number of changes. The
changes fall into two (2) categories and include:
Housekeeping:
Create a new Council Policy addressing payments for special
o
assessments and financial hardships (Council Policy #87) and eliminate
payment provisions from other policies.
Eliminate references to sidewalks from Council Policy #63 and adding
o
those provisions into Council Policy #70 Sidewalks.
Clarify that the City pays the entire cost of curb and gutter replacement.
o
Updates the sidewalk policy to reflect the current practice of determining
o
when unfunded sidewalk will be constructed.
Substantive
Effective January 1, 2012, property owners who are granted deferrals will
o
have to pay the assessment rate in effect at the time they connect to the
utilities rather than the rate in effect when the deferment was granted.
Eliminates the developers/subdividers option to pay for special
o
assessments over a period of five (5) years. Cash or a letter of credit will
need to be provided before the commencement of any design work.
Eliminates the permit fee for owner constructed sidewalks.
o
Establishes criteria for the granting of a financial hardship and allows
o
administrative approval.
3
CITY OF JANESVILLE Policy No. 63
Page 1 of 17
CITY COUNCIL POLICY STATEMENT Date Issued 8/22/88
Revised 12/4/2000
3/1/2011
General Subject: Administration Effective Date
12/4/20003/1/2011
Specific Subject: Special Assessments Cancellation Date
for Public Works
Improvements Supersedes No. 2, 6, 28
33, 34, 38, 57
PURPOSE
To clarify and establish Council policy in regard to the
administration of the City’s Special Assessment program for various
public works improvements including grading and graveling, paving,
curb and gutter, water mains, sanitary sewer, and storm sewer.
GENERAL
This policy is organized into the following sections:
I. Levying of special assessments.
II. Street life expectancies and sSpecial assessments
relating to curb and gutter replacement and pavement
reconstruction.
III. Methods of payment for special assessments and procedures
for delinquent special assessments.
IIIV. Deferrals of special assessments.
V. Financial hardships.
VI. Waiver of procedure for storm sewer charges.
In addition, charges for storm sewers are governed by Ordinance
#2000-59,and sidewalks by Council Policy #70, Street Lights by
Council Policy #78, and State Statutes.
POLICIES
I. Levying of Special Assessments.
A. Rates.
Special assessment rates shall be calculated with a goal
of recovering 10095% of the total cost of each year’s
sewer and water program and 100%of the total cost of
each year’s new streetprogram with the exception of curb
and gutter replacement (see Section II.B.); oversized
water mains with a diameter in excess of 12 inches, and
extra width streets. In these cases the assessment rate
shall only include the incremental cost of the oversize
improvement above the standard. The cost shall include
CITY OF JANESVILLE Policy No. 63
Page 2 of 17
CITY COUNCIL POLICY STATEMENT Date Issued 8/22/88
Revised 12/4/2000
3/1/2011
General Subject: Administration Effective Date
12/4/20003/1/2011
Specific Subject: Special Assessments Cancellation Date
for Public Works
Improvements Supersedes No. 2, 6, 28
33, 34, 38, 57
the full cost of construction, engineering services, and
administration. The assessment rates for sewer and water
and
shall include the unassessed cornerlot exemptions,
greenbelt crossings. The assessment rates for curb and
gutter and paving shall include the unassessed corner lot
exemptions, double frontage lots, greenbelt crossings,
parkland and other unassessed frontage.
The cost of engineering services and administration shall
include the fully burdened costs of all employee time
below the level of DepartmentDivision Head level
,
including salaries/wages, fringe benefitsrelated
support services such as supplies, materials, vehicles,
etc.
B. Definitions.
1. Frontage: That portion of a parcel of land which
lies immediately adjacent to a public street or
public alley. On corner lots, frontage is
considered to be the short side facing a public
street.
2. Side Frontage: On corner lots, side frontage is
considered to be the long side facing a public
street or public alley.
3. Rear Frontage: On lots having frontage on two
streets or on a street and alley, rear frontage is
considered to be the side facing the street or
alley at the rear of the lot, house, or future
structure.
C. Sanitary Sewer and Water Main.
1. All normal rectangular lots or sites in Single
Family (R1 and R2) Residential Districts.
a. Assess full frontage (short side on corner
lots).
b. Exempt the first 70 feet of side frontage on
corner lots less than 140 feet in depth,
served on both sides.
CITY OF JANESVILLE Policy No. 63
Page 3 of 17
CITY COUNCIL POLICY STATEMENT Date Issued 8/22/88
Revised 12/4/2000
3/1/2011
General Subject: Administration Effective Date
12/4/20003/1/2011
Specific Subject: Special Assessments Cancellation Date
for Public Works
Improvements Supersedes No. 2, 6, 28
33, 34, 38, 57
c. Assess that side frontage of corner lots
greater than 70140 feet served on both sides.
d. Exempt rear frontage on lots having double
frontage which are served on both frontages,
except if the lots are large enough for
potential division.
e. When sewer and water mains are installed along
the side frontage (long side) of a corner lot
first, assess full frontage together with the
side frontage subject to the above 70140 foot
exemption.
2. All irregular shaped lots or sites in Single Family
(R1 and R2) Residential Districts.
a. Assess minimum frontage of 70 feet on lots
less than 70 feet.
b. Assess full frontage of those lots greater
than between 70 feet and 140 feet.
c. Assess maximum frontage of 140 feet on lots
greater than 140 feet.
cd. Exempt that frontage where lot depth is less
than 50 feet when lot is not subject to any
other exemption.
,
3. All lots or sites zoned Multi Family, Office
Commercial, or Industrial.
a.(1) Assess full frontage along all sides
served.
b.(2) There shall be no corner or rear frontage
exemptions.
4. All sites along major highways where mains are or
will need to beinstalled on both sides of the
highway, the rate for sewer and water mains shall
be double the normal rate (see Section IV. D.).
D. Sewer and Water Laterals.
1. The cost of installing sewer and water laterals
shall be assessed to each lot for which laterals
are installed.
CITY OF JANESVILLE Policy No. 63
Page 4 of 17
CITY COUNCIL POLICY STATEMENT Date Issued 8/22/88
Revised 12/4/2000
3/1/2011
General Subject: Administration Effective Date
12/4/20003/1/2011
Specific Subject: Special Assessments Cancellation Date
for Public Works
Improvements Supersedes No. 2, 6, 28
33, 34, 38, 57
2. The assessment shall be paid in full following the
completion of the work, or with the property taxes
the first year following the work.
E. Preliminary Grading and Graveling of Newly Opened
Streets.
1. Following the installation of sanitary sewer and
water main or at any other appropriate time, the
Council may order the preliminary grading and
graveling of streets so affected.
2. An assessment rate shall be established annually
which will return to the City approximately 100% of
the cost of the preliminary grading and graveling.
Said rate shall be assessed to the abutting
benefited property owners according to the
frontages in Section I.C., Sanitary Sewer and Water
Main.
3. The assessment shall be paid in full following the
completion of the work, or with the property taxes
the first year following the work.
F. Curb, Gutter and Paving.
1. All normal rectangular lots or sites in Single
Family (R1 and R2) Residential Districts.
a. Assess full frontage (short side on corner
lots).
b. Exempt 70 feet of side frontage on corner
lots.
c. Assess that side frontage on corner lots
greater than 70 feet.
d. Exempt full rear frontage on double frontage
lots where City or State restrictions allow no
access.
e. Assess full rear frontage on double frontage
lots, if the lots are large enough for
potential subdivision.
CITY OF JANESVILLE Policy No. 63
Page 5 of 17
CITY COUNCIL POLICY STATEMENT Date Issued 8/22/88
Revised 12/4/2000
3/1/2011
General Subject: Administration Effective Date
12/4/20003/1/2011
Specific Subject: Special Assessments Cancellation Date
for Public Works
Improvements Supersedes No. 2, 6, 28
33, 34, 38, 57
f. Assess full rear frontage for alley paving.
g. Assess the actual roadway width up to and
including a maximum of 36 feet, face of curb
to face of curb.
2. All irregular shaped lots or sites in Single Family
Residential Districts.
a. Assess minimum frontage of 70 feet on all lots
less than 70 feet.
b. Assess full frontage of lots greater than 70
feet.
Assess maximum frontage of 140 feet on lots greater
than 140 feet.
c.Exempt that frontage where lot depth is less
than 50 feet when lot is not covered by any
other exemption.
de. Exempt any roadway width in excess Assess the
actual roadway width up to and including a
maximum of 36 feet, face of curb to face of
curb.
3. All lots or sites zoned Multi Family, Office,
Commercial, or Industrial.
a. Assess full frontage along all sides served.
b. There shall be no corner or rear lot
exemptions.
c. Assess for the actual roadway width up to and
,
including a maximum of 4852 feet of pavement
the full pavement cost and all necessary curb
and gutter.
4. All sites zoned Multi Family, Office, Commercial or
Industrial along major highways where an access or
frontage road is constructed along the highway and
all boulevard streets.
a. The assessment rate for the access road or
frontage road or boulevard streetshall
include the full cost including allcurb and
gutter on both sides of the roadway.
CITY OF JANESVILLE Policy No. 63
Page 6 of 17
CITY COUNCIL POLICY STATEMENT Date Issued 8/22/88
Revised 12/4/2000
3/1/2011
General Subject: Administration Effective Date
12/4/20003/1/2011
Specific Subject: Special Assessments Cancellation Date
for Public Works
Improvements Supersedes No. 2, 6, 28
33, 34, 38, 57
b. These assessments are in addition to any
assessments levied for highway improvements.
Sidewalk Exemption for Corner Lots.
1. All corner lots in Single Family (R1 and R2) Residential
Districts where sidewalk is required by Council on two
frontages.
Assess full frontage on initial frontage ordered.
Exempt 70 feet of sidewalk on second frontage ordered.
Assess the length greater than 70 feet on the second frontage
ordered on corner lots.
2. Corner lot exemption is effective for sidewalks put in
during or after the 1999 sidewalk program.
II. Street Life Expectancies and Special Assessments Relating to
Curb and Gutter Replacement and Pavement Reconstruction.
A. The following life spans of curb and gutter and various
pavement types is hereby adopted based upon the INTERIM REPORT OF
PAVEMENT PERFORMANCE IN JANESVILLE, WISCONSIN dated June 25, 1971,
Office of the City Engineer, Division of Public Works.
1. Concrete pavements 30 years
2. Asphalt overlays on concrete or 15 years
concrete base pavements
3. Asphalt pavements prior to 1961 15 years
4. Asphalt pavements 1961 and later 18 years
5. Asphalt overlays on asphalt pavements 15 years
6. Seal coats 5 years
7. Concrete curb and gutter 45 years
BA. The City shall pay the entire cost for curb and gutter
replacement where the City Engineer determines such
CITY OF JANESVILLE Policy No. 63
Page 7 of 17
CITY COUNCIL POLICY STATEMENT Date Issued 8/22/88
Revised 12/4/2000
3/1/2011
General Subject: Administration Effective Date
12/4/20003/1/2011
Specific Subject: Special Assessments Cancellation Date
for Public Works
Improvements Supersedes No. 2, 6, 28
33, 34, 38, 57
replacement is necessary.
B. Standards for replacement include: shall be as
established and modified from time to time by the City
EngineerDepartment of Public Works
Ponding in excess of one (1) inch
C. If an abutting property owner desires additional
replacement of curb and gutter, such replacement shall be
assessed at 100% of the total construction costs,
including the cost of removal of the existing curb and
gutter and miscellaneous driveway and sidewalk revisions.
B. Special assessment rates shall be calculated according to
the following method, the intent being to return 50% of
the total construction cost of each year’s program for
curb and gutter replacement.
1. The rate for curb and gutter replacement shall be based
on 50% of the cost including the cost of removal of the
existing curb and gutter and miscellaneous driveway and
sidewalk revisions.
2. Curb and gutter or pavements having reached or exceeded
their established life span shall be assessed according
to the above special assessment rate determinations.
Special assessment rates for curb and gutter or pavements
which have not attained their established life span shall
be pro-rated downward by the straight-line method
according to their actual life.
3. Concrete or deep base pavement assessments abutting
single family residential properties shall be assessed
for curb and gutter and paving at the prevailing rate for
a 36 foot street with curb and gutter and residential
equivalent pavement.
4. Assessable frontages for curb and gutter be determined
according to Section I.F. of this policy.
CITY OF JANESVILLE Policy No. 63
Page 8 of 17
CITY COUNCIL POLICY STATEMENT Date Issued 8/22/88
Revised 12/4/2000
3/1/2011
General Subject: Administration Effective Date
12/4/20003/1/2011
Specific Subject: Special Assessments Cancellation Date
for Public Works
Improvements Supersedes No. 2, 6, 28
33, 34, 38, 57
III. Methods of Payment for Special Assessments and Procedures
for Delinquent Special Assessments.
A.B. Methods of payment for individual property owners.
1. Three methods of payment shall be available to any
individual property owner in the City of Janesville
who is assessed for a necessary public improvement.
These methods shall be:
a. The assessment may be paid in cash upon
completion of the work.
b. The assessment may be paid with property taxes
for the first year following the completion of
the work.
c. The assessment may be spread over a period of
five (5) years with interest at the prevailing
rate per annum on the unpaid balance. The
first installment on the five-year plan shall
include 1/5 of the principal with the interest
on the unpaid portion, and shall be so entered
in the tax roll. Each of the subsequent
installments shall be entered in each of the
annual tax rolls thereafter until all are
collected. Deferred payment on these
installments shall bear interest at the
prevailing rate per annum set under Section cC
below. Interest shall be be charged from the
date of invoice.
cd. For individual property owners, the prevailing
interest charges referred to above shall be on
the full amount of the assessment on 1
November and run to the end of the year and
thereafter shall be on the unpaid principal
balance.
2. Any of the methods of payment stated above may be
elected by an individual property owner on any
assessment for a public improvement project except
CITY OF JANESVILLE Policy No. 63
Page 9 of 17
CITY COUNCIL POLICY STATEMENT Date Issued 8/22/88
Revised 12/4/2000
3/1/2011
General Subject: Administration Effective Date
12/4/20003/1/2011
Specific Subject: Special Assessments Cancellation Date
for Public Works
Improvements Supersedes No. 2, 6, 28
33, 34, 38, 57
for the installation of sewer and water service
pipes (laterals) and preliminary grading and
graveling.
3. Under certain conditions involving programs which
have not been requested by a majority of individual
property owners involved, or in cases of hardship,
the assessment may be spread over a ten-year
payment plan with interest at the prevailing rate
per annum on the unpaid balance (Section C below).
The first installment on the ten-year plan shall
include 1/10 of the principal with the interest on
the unpaid portion, and shall be so entered on the
tax roll. Each of the subsequent installments
shall be entered in each of the annual tax rolls
thereafter until all are collected. Deferred
payment on these installments shall accrue interest
at the prevailing rate per annum set under Section
C. below.
4. If a public improvement program is eligible for the
ten-year payment plan, such plan shall be approved
by the Council simultaneously with the ordering of
the public improvement program. In all cases, the
individual property owner shall have the option of
electing one of the two payment methods set forth
in Paragraph 1a and 1b above. However, the Council
shall elect either a five or a ten-year payment
plan, and under no circumstance may both plans be
used on any single public improvement project.
5. Exception
Special assessments for which the total amount due is
less than $250 shall not be eligible for extended
payment on either a five or ten year plan. Such
assessments may be paid under the provisions of
Paragraph 1a or 1b above.
B. Methods of Payment for Other Owners.
The policy set forth above shall pertain only to individual
property owners. Other owners, which include subdividers, land
CITY OF JANESVILLE Policy No. 63
Page 10 of 17
CITY COUNCIL POLICY STATEMENT Date Issued 8/22/88
Revised 12/4/2000
3/1/2011
General Subject: Administration Effective Date
12/4/20003/1/2011
Specific Subject: Special Assessments Cancellation Date
for Public Works
Improvements Supersedes No. 2, 6, 28
33, 34, 38, 57
developers, speculative builders, or owners of several or more lots
on the same street, or in the same areas, may select any one of the
three payment plans listed in 1a, b, or c in accordance with the
procedures set forth below, except that they will be billed by the
City upon completion of the work and may pay their assessments in
cash without interest up to the last day of the month of the
billing, after which the prevailing interest rate per annum on the
unpaid balance will be charged.
1. Use of Five-Year Payment Plan.
a. All requests for public works improvements for the first
program of the year shall be submitted to the City Engineer by
January 1 and for the second program by June 1.
b. Simultaneously, the developer shall submit a letter indicating
whether they intend to use the five-year payment plan.
(1) The developer shall be eligible for the five year payment
plan, without further review, if:
(a) For first time users of the plan, their request is for 30 lots
or less (rounded off to a block) in each of their first two years
of use of the plan. In their third year of use, they shall be
governed by the procedures in Paragraph C. below.
(b) For developers not covered by Paragraph (a), their request is
for:
- 30 lots or less, or
- the average number of lots the developer sold in the previous
three years, or
- the highest number of lots the developer sold in any single year,
during the last three years, whichever is greater (rounded off to a
block).
c. If a developer wishes to request the use of the five-year
payment plan for more lots than are allowed under Paragraph B.1.
above, then the request shall be made in writing to the City
Engineer prior to November 1. The request shall include the
CITY OF JANESVILLE Policy No. 63
Page 11 of 17
CITY COUNCIL POLICY STATEMENT Date Issued 8/22/88
Revised 12/4/2000
3/1/2011
General Subject: Administration Effective Date
12/4/20003/1/2011
Specific Subject: Special Assessments Cancellation Date
for Public Works
Improvements Supersedes No. 2, 6, 28
33, 34, 38, 57
following information.
(1) The number of additional lots requested.
(2) A listing of all improved vacant lots currently owned by the
developer and their location.
(3) The number of lots sold by the developer in each of the last
five years.
(4) The justification for the request.
(5) Such additional information as the Administration or Public
Works Committee shall specify.
d. All requests made under Paragraph c. shall require the
approval of the Public Works Committee.
e. The Public Works Committee, subject to Council approval, may
adjust the limits for any or all developers based upon the number
of lots requested under the five year payment plan and/or a change
in city growth trends including the demand for housing and lots.
C. Interest rate on Five Year Payment Plan - Bad Debt Reserve.
The Administration shall include in Council resolutions levying
special assessments that allow a five or ten year payment plan a
rate of interest that is estimated to be 3% greater than the rate
the City anticipates selling its next projected bond sale at.
All funds generated by the 3% spread shall be credited to a Bad
Debt Reserve account within the Special Assessment Fund.
D. Delinquent Special Assessments.
1. The County Treasurer shall be encouraged to foreclose at the
minimum time period allowed on any delinquent special assessments
and to immediately proceed to market the lots.
2. When a developer is delinquent, he/she shall no longer be
eligible to use the five-year payment plan unless the Public Works
Committee, subject to the approval of the City Council, shall
CITY OF JANESVILLE Policy No. 63
Page 12 of 17
CITY COUNCIL POLICY STATEMENT Date Issued 8/22/88
Revised 12/4/2000
3/1/2011
General Subject: Administration Effective Date
12/4/20003/1/2011
Specific Subject: Special Assessments Cancellation Date
for Public Works
Improvements Supersedes No. 2, 6, 28
33, 34, 38, 57
specifically find the use is in the City’s best interest. The
review of a request shall be based upon a written request by the
developer including the information outlined under Paragraph
III.B.1.c. of this section; financial information related to the
ability to pay by the developer; and a review of the information
and housing trends by the Administration.
IIIV. Deferrals of Special Assessments.
A. The granting of non use deferments of special assessments
is allowed in SS 66.605 which provides as follows:
Special Assessments. Notwithstanding any other statute,
the due date of any special assessment levied against
property abutting on or benefited by a public improvement
may be deferred on such terms and in such manner as
prescribed by its governing body while no use of the
improvement is made in connection with the property.
Such special assessment may be paid in installments
within the time prescribed by the governing body. Any
such special assessment shall be a lien against the
property from the date of the levy.
B. All property subject to special assessments.
Non use deferments in accordance with the provisions of
SS 66.605 will may be granted at the discretion of the
Council on the following basis.
1. A non-use deferment, if granted, shall be for a
period of either five years or ten years and may
include any or all public improvements. At the end
of the period of deferment granted, and provided
the deferment has not automatically terminated and
the assessment paid as a result of the change of
conditions set forth in the following section, the
owner of the property upon which the assessment has
been deferred shall have the option of paying for
the assessment in a lump sum, or paying for the
same total amount for the next five years on the
City’s regular five-year payment program (if
eligible), or requesting an extension of the
deferments for five (5) years. Interest during the
CITY OF JANESVILLE Policy No. 63
Page 13 of 17
CITY COUNCIL POLICY STATEMENT Date Issued 8/22/88
Revised 12/4/2000
3/1/2011
General Subject: Administration Effective Date
12/4/20003/1/2011
Specific Subject: Special Assessments Cancellation Date
for Public Works
Improvements Supersedes No. 2, 6, 28
33, 34, 38, 57
subsequent five-year payment period shall be at the
current prevailing interest rate per annum on the
unpaid balance, and shall be entered each year on
the tax roll.
2. Non use deferments shall be granted only on
properties while they are used for agricultural
purposes; or are vacant and undeveloped. Such
deferments shall automatically terminate and
assessments come due including accrued interest
upon an application for use of utilities, sale,
split of property, platting of property or change
of zoning at request of owner.
3. Beginning January 1, 2012, property owners
requesting a non-use deferment must agree to pay
the assessment rate in effect at the time their
non-use deferment expires or is automatically
terminated, as provided above.
C. Exceptions to this policy may be made under the following
conditions:
1. When public improvements are made at and for the
convenience of the city for a municipal purpose.
2. When public improvements are required that, in the
judgement of the Council will result in a
substantial economic gain to the city.
3. When the use anticipated in a rezoning request is
not realized.
D. Property abutting State and Federal highways.
When water and sewer mains are installed along State and
Federal highways (see Section I.C.4.) for property that
is zoned residential:
1. One half of the assessment shall be due and payable
according to the various methods outlined in the
improvement resolution.
CITY OF JANESVILLE Policy No. 63
Page 14 of 17
CITY COUNCIL POLICY STATEMENT Date Issued 8/22/88
Revised 12/4/2000
3/1/2011
General Subject: Administration Effective Date
12/4/20003/1/2011
Specific Subject: Special Assessments Cancellation Date
for Public Works
Improvements Supersedes No. 2, 6, 28
33, 34, 38, 57
2. The other half of the assessment shall be deferred
without interest until such time as the site is
rezoned for non-residential use.
3. At that time, the deferred amount shall be due and
payable and may be spread over a five year payment
plan with interest at the City’s then prevailing
interest rate for the five year payment plan.
4. For such deferments granted after January 1, 2012,
the assessment due at the time the property is
rezoned for non-residential use will be determined
by the assessment rate in effect at that time.
E. Funding of Deferrals.
Whenever a deferral is made, the deferral shall be
assigned to the appropriate Utility or General Fund, and
the interest carrying costs shall be funded annually
starting with the next budget at the appropriate fund.
F. City Property.
For City property, including municipal buildings, police
stations, fire stations, landfills, etc. but not
including parks and greenbelts; a charge equivalent to
the special assessment for the type of improvement
constructed shall be made against the appropriate Utility
or General Fund, and shall be funded in the next budget.
Greenbelts and parks are considered a part of the
subdivision and the cost will be added to the program
front footage cost.
G. Cemeteries.
No deferrals shall be granted for water or sewer mains if
the cemetery has a connection to the system.
H. Deferments after adoption of final resolution.
1. Generally, special assessments are imposed
CITY OF JANESVILLE Policy No. 63
Page 15 of 17
CITY COUNCIL POLICY STATEMENT Date Issued 8/22/88
Revised 12/4/2000
3/1/2011
General Subject: Administration Effective Date
12/4/20003/1/2011
Specific Subject: Special Assessments Cancellation Date
for Public Works
Improvements Supersedes No. 2, 6, 28
33, 34, 38, 57
following the procedures outlined in State
Statutes. Those statutes require a final
resolution, which describes among other things the
method of payment.
2. Once a public works project is definitely planned,
either before or after the adoption of a
preliminary resolution in the special assessment
procedure, landowners affected by the special
assessments may apply for special deferments, as
previously categorized by the Council. Only the
Council may grant such special deferments.
Requests may be made orally or in writing before or
at the hearing on the final resolution. However,
no request for special deferment will be considered
or acted upon by the Council after passage of the
final resolution. Such requests must be received
and made known to the Council before action upon
the final resolution or they will not be
considered.
V. Financial Hardships.
A. If a property owner has a financial hardship, they may apply
in writing to the Council to spread payments over ten years
with interest; rather than five years.
B. An indigent person may apply for city payment under SS
74.77, Stats., of charges made for new sidewalk
construction and special assessments.
PROCEDURE: Whenever any indigent person over 64 years of age
or a person handicapped so as to limit earning ability
wishes to have the City of Janesville pay for new
sidewalk construction or special assessments in front of
their property pursuant to SS 74.77, Stats., such request
shall be made to the Administration for analysis and
decision. An appropriate resolution shall be prepared
only if the Administration finds that:
1. The person is over 64 years of age or is
handicapped so as to limit earning ability.
CITY OF JANESVILLE Policy No. 63
Page 16 of 17
CITY COUNCIL POLICY STATEMENT Date Issued 8/22/88
Revised 12/4/2000
3/1/2011
General Subject: Administration Effective Date
12/4/20003/1/2011
Specific Subject: Special Assessments Cancellation Date
for Public Works
Improvements Supersedes No. 2, 6, 28
33, 34, 38, 57
2. The property involved is owned by and is the
residence of such person.
3. The family income of such person is equal to or
less than 50% of the County median income as
established by the Department of Housing and Urban
Development.
VI. Waiver Procedure for Storm Sewer Charges.
A. The City Council may accept and approve a waiver of
assessment procedure for the cost of storm sewer for a
particular subdivision plat or certified survey in lieu
of a cash payment at the time of land division approval
(Ref. Ordinance #71-237). This requires that each
individual situation be examined upon its own merits as
to whether or not such privilege is in the City's best
interest.
B. The waiver of special assessment procedure must be
requested by the owner, subdivider, or developer in
writing at least 14 days prior to the scheduled Council
meeting at which the final plat, certified survey, or
land division is to be approved.
C. Upon request for the waiver procedure, the staff shall
calculate the total cost of the storm sewer charges
according to the prevailing rate per acre. This total
charge shall be divided equally to each parcel or lot in
the subdivision or certified survey or shall be divided
according to parcel area if appropriate because of
oversized lots or large sites. The waiver document shall
be prepared listing both the total cost and the
individual lot or parcel cost.
D. The owner of each parcel so affected by the storm sewer
charges shall sign the waiver document which shall be
properly notarized as called for in the document. 100%
of the individual owners, developer, and mortgagor must
sign the waiver document agreeing to the special
assessments to be levied.
E. The City Council, prior to approving the subdivision
CITY OF JANESVILLE Policy No. 63
Page 17 of 17
CITY COUNCIL POLICY STATEMENT Date Issued 8/22/88
Revised 12/4/2000
3/1/2011
General Subject: Administration Effective Date
12/4/20003/1/2011
Specific Subject: Special Assessments Cancellation Date
for Public Works
Improvements Supersedes No. 2, 6, 28
33, 34, 38, 57
plat, certified survey, or land division should review
the storm sewer charges and determine whether or not they
will require the cash deposit or allow the waiver
procedure as requested. If the Council allows the waiver
procedure, the subdivision plat, certified survey, or
land division can be approved. Immediately following
such approval, the Council shall approve the waiver of
assessment procedure, thereby levying the special
assessments for storm sewer as listed thereon.
F. Those lands which fall outside or beyond the provisions
of said ordinance (#71-237) establishing storm sewer
charges, are subject to the charges at the same rate per
acre to be levied in accordance with Section 66.60 of the
Wisconsin Statutes.
G. The form of the waiver of special assessment procedure
shall be according to the attached form, said form is to
be a part of this policy statement.
H. Exception. An exception to this policy may be made
relative to the proposed charges, rates, and waiver
procedure when in the judgement of the Council there will
be a substantial economic gain to the City.
WAIVER OF SPECIAL ASSESSMENT NOTICES
AND HEARINGS UNDER S. 66.60, WISCONSIN STATUTES
* * *
We, the undersigned owners of property benefited by the following proposed
public improvements to be made by the City of Janesville, Rock County, Wisconsin,
to-wit:
STORM SEWER CONSTRUCTION IN
(Name of Subdivision or Certified Survey)
in consideration of the construction of said improvements by the City of Janesville,
Wisconsin hereby admit that such public improvements will benefit our properties and
consent to levying of special assessments against our premises under S. 66.60 of the
Wisconsin Statutes for the cost of such improvements.
In accordance with S. 66.60 (18) of the Wisconsin Statutes, we hereby waive
all special assessment notices and hearings required by S. 66.60 of the Wisconsin
Statutes, and we further agree and admit that our properties are benefited by the
construction of such improvements and that said special assessments are made upon a
reasonable basis as tabulated on the attached sheet.
We, the undersigned owners of properties benefited by the aforementioned
waiver do further agree that we will either pay the assessments against any parcel
in cash by November 1st following the effective date of this waiver, with the taxes
the first year following the effective date of this waiver, or at the election of
the property owner and with the approval of the Committee of Public Works, said
assessments may be spread over a period of five (5) years with interest at (the
prevailing rate) per annum on the unpaid balance. The first installment on the five
(5) year plan shall include one-fifth of the principal with the interest on the
unpaid portion, and shall be so entered in the tax roll. Each of the subsequent
installments shall be entered in each of the annual tax rolls thereafter until all
are collected. Deferred payment on the aforementioned installments shall bear
interest at (the prevailing rate) per annum.
FORM
SUBDIVISION____________________________ ACRES__________ TOTAL CHARGE____________
City Storm
Account Lot Blk. Sewer
Number No. No. Assessment Owner Developer Date
Notary Public required for others than the aforementioned individual property
owners, shall include subdividers, land developers, speculative builders, or owners
of several or more lots on the same street, or in the same area.
STATE OF WISCONSIN)
) S.S. (Notary Affidavit)
ROCK COUNTY )
CITY OF JANESVILLE Policy No. 70
Page 1 of 9
CITY COUNCIL POLICY STATEMENT Date Issued 7/28/92
Revised: 9/21/92, 3/10/97,
12/4/2000, 5/12/2003,
1/14/2008, 3/25/2008,
03/09/2010, 3/1/2011
General Subject: Administration
Effective Date 3/019/110
Specific Subject: Sidewalk Construction,
Maintenance, and Cancellation Date
Assessment of Costs
Supersedes No. 18 & 48
PURPOSE
To establish objectives, criteria, and procedures for the construction and
maintenance of sidewalks, and assessment of costs.
STATEMENT OF POLICY
1. Objectives
A. To establish a system of sidewalks in Janesville that links pedestrian
generators to destinations and, thus, provides for pedestrian safety.
B. To establish criteria for the construction of sidewalks in existing
developed areas and future areas.
C. To provide a procedure for an orderly system of construction of
sidewalks in existing developed areas of the city based on established
criteria.
D. To provide for the equitable funding of sidewalk construction.
E. Maintain existing public sidewalks in a safe condition.
2. Criteria
A. Sidewalks should be constructed according to the adopted
“Pedestrian Transportation Corridor Plan” (PTCP).
B. The official PTCP will be maintained in the City Engineer’s Office.
C. The PTCP shall be updated and presented to the City Council for
review, amendment and approval at a January Council meeting of
each year.
CITY OF JANESVILLE Policy No. 70
Page 2 of 9
CITY COUNCIL POLICY STATEMENT Date Issued 7/28/92
Revised: 9/21/92, 3/10/97,
12/4/2000, 5/12/2003,
1/14/2008, 3/25/2008,
03/09/2010, 3/1/2011
General Subject: Administration
Effective Date 3/019/110
Specific Subject: Sidewalk Construction,
Maintenance, and Cancellation Date
Assessment of Costs
Supersedes No. 18 & 48
D. The PTCP is intended to be a comprehensive tool used to
communicate with citizens about where the pedestrian corridors in
Janesville are located. It shall contain the following elements:
(1) Current city limits
(2) Adjacent trails/sidewalks not in City jurisdiction
(3) Layout of current street network
(4) Color coded lines representing the following:
a. Green shall represent existing sidewalks
b. Yellow shall represent planned unfunded sidewalks.
This is generally considered the minimal amount of
sidewalk system necessary to provide connectivity
throughout the community.
c. Purple shall represent planned funded sidewalks.
d. Orange shall represent future unfunded sidewalks. This
category is included on the PTCP to communicate with
citizens that a sidewalk may be constructed adjacent to
their property
e. Blue shall represent existing trails. This category is
shown to provide overall context for the connectivity of
the system.
3. Plats/Certified Survey Maps
A. For any new streets for which sidewalks are planned per a
Neighborhood Plan or designated by Plan Commission vote, before the
City Treasurer signs any plat or certified survey, the subdivider shall
list or show on the plat or certified survey the streets along which
sidewalks are to be constructed pursuant to City Ordinances and
these will be added to the PTCP upon subdivision approval.
4. Governing Ordinances
A. Effective June 13, 1977 through August 7, 1992, construction of
sidewalks in new developments are governed by Section 17.32.120
Sidewalks of the Janesville Code of General Ordinances.
B. Effective August 8, 1992, construction of sidewalks in new
developments are governed by Chapter 17.46 - Sidewalks, of the
CITY OF JANESVILLE Policy No. 70
Page 3 of 9
CITY COUNCIL POLICY STATEMENT Date Issued 7/28/92
Revised: 9/21/92, 3/10/97,
12/4/2000, 5/12/2003,
1/14/2008, 3/25/2008,
03/09/2010, 3/1/2011
General Subject: Administration
Effective Date 3/019/110
Specific Subject: Sidewalk Construction,
Maintenance, and Cancellation Date
Assessment of Costs
Supersedes No. 18 & 48
Janesville Code of General Ordinances.
C. Effective February 27, 2006, File Ordinance No. 2006-308 established
additional requirements on the construction of sidewalks in new
developments.
5. Implementation Procedures
Pedestrian Transportation Corridor Plan
Color Category Implementation Procedures
Part of yearly plan beginning in
2009 to construct 100% of this
Yellow Planned Unfunded Walk walk. Implementation will follow
procedures outlined in Section 8
of this policy.
Construction will follow plat
Purple Planned Funded Walk approval. Section 6.A.4 of this
policy addresses this process
Construction follows a petition
Orange Future Unfunded Walk
process per Section 5.C
These are generally considered a
city-wide concern. Initiation
Blue Trails should be undertaken through the
capital improvements and
budgeting process
A. This policy shall not restrict the decision of the Council or actions of
City Administration to address a public safety concern.
B. If a section of sidewalk is included on the resolution for the annual
sidewalk program and is not approved by the City Council, then the
sidewalk shall not be placed by the Administration on the resolution
in the following two years. The receipt of a petition shall be reported
CITY OF JANESVILLE Policy No. 70
Page 4 of 9
CITY COUNCIL POLICY STATEMENT Date Issued 7/28/92
Revised: 9/21/92, 3/10/97,
12/4/2000, 5/12/2003,
1/14/2008, 3/25/2008,
03/09/2010, 3/1/2011
General Subject: Administration
Effective Date 3/019/110
Specific Subject: Sidewalk Construction,
Maintenance, and Cancellation Date
Assessment of Costs
Supersedes No. 18 & 48
to the City Council.
C. Petition Procedures (Orange Sidewalk).
(1) All requests must be in writing and contain the name and
address of the persons initiating the request, the site of the
requested installation, and the reason(s) for the request.
(2) All requests must be submitted to the City Engineer by
February 1 of each year.
(3) The request will be placed on the Public Works Program for the
year provided it meets one of the following criteria:
a. 30% of abutting property owners per block signing a
petition in favor. The limits of a block shall begin at one
street intersection and end at the next street
intersection;
b. or, 10 unrelated persons residing within one-quarter
(1/4) mile of the requested sidewalk signing a petition in
favor.
(4) The City Engineer shall report any sidewalk that meets the
implementation criteria as “Recommended”, unless there are
topographical concerns that make the sidewalk inappropriate
to construct, in which case the City Engineer shall report it as
“Not Recommended-Topographical Problem.”
CITY OF JANESVILLE Policy No. 70
Page 5 of 9
CITY COUNCIL POLICY STATEMENT Date Issued 7/28/92
Revised: 9/21/92, 3/10/97,
12/4/2000, 5/12/2003,
1/14/2008, 3/25/2008,
03/09/2010, 3/1/2011
General Subject: Administration
Effective Date 3/019/110
Specific Subject: Sidewalk Construction,
Maintenance, and Cancellation Date
Assessment of Costs
Supersedes No. 18 & 48
(5) After introduction by the City Council written notice shall be
sent to abutting property owners and requestors stating:
a. The date of the City Council public hearing.
b. The City Engineer’s recommendation per this policy.
(6) The official public notice for proposed sidewalk installations
shall contain:
a. The site of proposed installation.
b. The date, time, and location of the City Council public
hearing.
(7) After the public hearing, the City Council may order any
sidewalk installation(s) it deems justified.
(8) This policy in no way restricts pedestrians’ use of the public
right-of-way.
6. Construction and Maintenance
A. Construction.
(1) Sidewalks may be constructed privately by owners of the
abutting property.
(2) Sidewalks may be constructed by the City and billed to the
owner of the abutting property.
(3) All public sidewalks whether constructed privately or publicly
shall meet the City of Janesville’s Standard Specifications for
Sidewalk Construction (as shown in Section 9 of this policy).
CITY OF JANESVILLE Policy No. 70
Page 6 of 9
CITY COUNCIL POLICY STATEMENT Date Issued 7/28/92
Revised: 9/21/92, 3/10/97,
12/4/2000, 5/12/2003,
1/14/2008, 3/25/2008,
03/09/2010, 3/1/2011
General Subject: Administration
Effective Date 3/019/110
Specific Subject: Sidewalk Construction,
Maintenance, and Cancellation Date
Assessment of Costs
Supersedes No. 18 & 48
(4) For sidewalks in new developments as defined by plats and
certified surveys approved after August 7, 1992, the City
Engineer shall direct the construction of the sidewalks at a
time he deems appropriate without further action by the City
Council, and the cost shall be charged to the sidewalk
construction account. (See Chapter 17.46 – Sidewalks, of the
Janesville Code of General Ordinances).
B. Maintenance/Repairs.
(1) Sidewalks shall be maintained by owners of abutting property.
(2) The Engineering Department shall establish a system of
inspection of existing sidewalks, including standards for
replacement (as detailed in Section 9 of this policy); shall notify
abutting property owners of necessary repairs; and shall have
the authority to order the repair of any sidewalk. If the
abutting property owner(s) fail to undertake the necessary
repairs within the notification period, the City Engineer may
arrange for a contractor to undertake the repairs; may bill the
abutting property owner; and if unpaid, a lien may be placed
on the property in accordance with Wisconsin Statute (66.615).
7. Cost Allocation
A. New Construction.
(1) For new developments as defined by plats and certified surveys
approved after August 7, 1992 in accordance with City
Ordinance Chapter 17.46, before the City Treasurer signs any
plat or certified survey, the City Engineer shall calculate the
totalcost of construction for all sidewalks shown on the
Neighborhood Plan or designated by Plan Commission vote of
the area affected by the survey or plat. The cost calculation
shall include intersections, greenbelt crossings, parkland, and
engineering.The property owner shall make payment
arrangements in accordance with Council Policy 87,Payment
of Special Assessments and Other Development Costs.may
CITY OF JANESVILLE Policy No. 70
Page 7 of 9
CITY COUNCIL POLICY STATEMENT Date Issued 7/28/92
Revised: 9/21/92, 3/10/97,
12/4/2000, 5/12/2003,
1/14/2008, 3/25/2008,
03/09/2010, 3/1/2011
General Subject: Administration
Effective Date 3/019/110
Specific Subject: Sidewalk Construction,
Maintenance, and Cancellation Date
Assessment of Costs
Supersedes No. 18 & 48
either pay this amount in full or may spread the principal over
five years with interest under the City’s Special Assessment
Policy. The property owner shall execute a Waiver of Special
Assessment Procedure to use the five-year plan.
(2)For existing areas, the sidewalk shall be assessed 100% to the
,
abutting property owner(s) except for corner lot exemption
provided below:
a.) All corner lots in Single Family (R1 and R2) Residential
Districts where sidewalk is required by Council on two
frontages.
1.)Assess full frontage on initial frontage ordered.
2.)Exempt 70 feet of sidewalk on second frontage
ordered.
3.) Assess the length greater than 70 feet on the
second frontage ordered on corner lots.
b.) Corner lot exemption is effective for sidewalks put in
during or after the 1999 Sidewalk Program.
B. Maintenance/Repairs.
The abutting property owner(s) shall pay the cost.
8. Implementation of Category Yellow Sidewalks
A. Yellow sidewalks shown on the PTCP shall be constructed each year
beginning in 201109 until complete.
B. The community will be divided into 9 zones as shown on the PTCP.
C. Approximately one mile from each zone will be selected by City
Administration for consideration and approval by the Council each
year until all yellow category sidewalks are constructed.
D. The City Engineer shall establish criteria to be used in prioritizing the
construction of sidewalks. Following are criteria to be considered:
(1) Development status
(2) Land use
CITY OF JANESVILLE Policy No. 70
Page 8 of 9
CITY COUNCIL POLICY STATEMENT Date Issued 7/28/92
Revised: 9/21/92, 3/10/97,
12/4/2000, 5/12/2003,
1/14/2008, 3/25/2008,
03/09/2010, 3/1/2011
General Subject: Administration
Effective Date 3/019/110
Specific Subject: Sidewalk Construction,
Maintenance, and Cancellation Date
Assessment of Costs
Supersedes No. 18 & 48
(3) Proximity to schools
(4) Traffic volume
(5) Presence on a bus route
E. The construction of sidewalks shall be scheduled so that the higher
priority sidewalks will be constructed in before the lower priority
sidewalks.
FD. It is estimated this program will be completed in approximately seven
(7) years.
E. For 2008, the program will consist of petitions and public safety
concerns.
9. Standards for Construction of New Sidewalk and Sidewalk Repair
A. New Sidewalks shall meet the following standards:
1) Minimum width shall be five feet (5’).
2) Minimum thickness shall be four inches (4”) for terrace walk
and six inches (6”) for driveway walk.
3) Cross-slopes shall be 1/4” per foot (2%) or less
4) Running and ramp slopes of ADA shall govern.
5) Grading shall provide positive drainage to prevent ponding of
water.
6) Horizontal alignment shall generally be one foot (1’) on the
right-of-way side of the property line. Exceptions to this may
be granted by the City Engineer.
7) Vertical alignment shall generally follow the curb line and be 6”
above or below the curb depending on terrain. Exceptions to
this may be granted by the City Engineer.
8) Material shall be portland cement concrete. Exceptions may be
granted by the City Engineer for driveway crossing if existing
drive materials provide a smooth hard surface meeting ADA
requirements.
B. Repair Sidewalks
1) Repair any sidewalk which:
a) Has adjacent sections with a three quarter inch (3/4”) or
greater vertical displacement.
CITY OF JANESVILLE Policy No. 70
Page 9 of 9
CITY COUNCIL POLICY STATEMENT Date Issued 7/28/92
Revised: 9/21/92, 3/10/97,
12/4/2000, 5/12/2003,
1/14/2008, 3/25/2008,
03/09/2010, 3/1/2011
General Subject: Administration
Effective Date 3/019/110
Specific Subject: Sidewalk Construction,
Maintenance, and Cancellation Date
Assessment of Costs
Supersedes No. 18 & 48
b) May exhibit other hazardous conditions.
2) The appeal process for the implementation of repair sidewalk
standards shall move from the Sidewalk Inspector to Project
Manager for the Sidewalk Program to Assistant Engineering
Manager to Engineering Manager to Director of Public
Works/City Engineer to Assistant City Manager to City
Manager.
10. Permit Fees
A. Work Performed by Public Works contractor:
1) Administrative sidewalk program costs are included in the sidewalk
assessment rates referenced in section 7 – Cost Allocation. Therefore, no
permit fee applies to sidewalk maintenance work or new installation.
B. Work performed by property owners or private contractors:
1) Property owners electing to perform sidewalk improvements themselves or
choose to hire a private contractor to complete necessary improvements shall
pay a nonrefundable $75 permit fee to cover administrative costs associated
with staff coordination for compliance with City standards. The sidewalk
permit fee is required for each affected parcel and is required for a specific
sidewalk defect or installation.If property owners fail to complete necessary
repairs or installations by the deadline established, the City has the right to
add this work to the Public Works contract. Property owners will be given no
less than 30 days to complete the sidewalk repairs or installation before the
work could be added to a public works contract.
CITY OF JANESVILLE Policy No. 78
Page 1 of 2
CITY COUNCIL POLICY STATEMENT
Date Issued 11/11/97
General Subject: Administration Revised 12/4/2000,
3/1/2011
Effective Date 3/1/2011
_______
Specific Subject: Special Assessments
For Street Lighting Cancellation Date
Systems
Supersedes No. 30
PURPOSE: To record and establish a policy to levy and recover
Special Assessments for the installation of municipally-owned
street light systems to facilitate traffic flow, pedestrian safety
and property security; and to further facilitate the general safety
and welfare of the City’s neighborhoods.
STATEMENT OF POLICY:
I. GENERAL: Special Assessments shall be levied against all
property having frontage on a public street for the cost of
the initial installation of street light systems. These
.
street lights shall be assessed 100% The amount of the
Special Assessment shall be determined annually.
Construction of street light systems will normally follow the
installation of curb and gutter. The street light
installation would normallyoccur in the year following
installation ofcurb and gutter.
II. RESIDENTIAL STREET LIGHTING: The amount of the Assessment
shall be based upon those costs associated with the lighting
standards established for streets in residential subdivisions.
Street lights are installed at every intersection and mid-
block, 300-400 feet apart.
III. COMMERCIAL AND INDUSTRIAL LIGHTING: There are additional
costs associated with the higher, greater intensity lighting
in commercial and industrial surveys. The assessment shall be
based upon the actual cost of the equipment and installation,
and will be converted to a lot front assessment.
IV. METHOD OF DETERMINING SPECIAL ASSESSMENT: The Assessment cost
for a subdivision shall be established by multiplying the
average cost per street light per year by the number of lights
needed in each subdivision. The total cost for the
subdivision would then be divided equally for each lot in the
subdivision. Payment in accordance with Council Policy #87
shall be made prior to the City Clerk-Treasurer signing the
platThe total amount shall be paid prior to recording the
CITY OF JANESVILLE Policy No. 78
Page 2 of 2
CITY COUNCIL POLICY STATEMENT
Date Issued 11/11/97
General Subject: Administration Revised 12/4/2000,
3/1/2011
Effective Date 3/1/2011
_______
Specific Subject: Special Assessments
For Street Lighting Cancellation Date
Systems
Supersedes No. 30
plat, or the owner(s) would sign a waiver of special
assessment procedure whereby the amount for each lot could be
paid over five years with interest.
V. ASSESSMENTS FOR CERTIFIED SURVEYS: When the division of land
occurs as a Certified Survey, rather than a subdivision plat,
the assessment cost as established for subdivisions in section
IV above shall be converted to a lot front assessment, and the
total amount for the certified survey shall be established and
paid as provided for above.
VI. EXEMPTIONS UPON IMPLEMENTATION: All existing subdivisions and
surveys, which are on record prior to the effective date of
this policy, are exempt from this policy. The effective date
of this policy is January 1, 1998.
CITY OF JANESVILLE Policy No. 87
Page 1 of 4
CITY COUNCIL POLICY STATEMENT Date Issued
Revised:
General Subject: Administration
Effective Date 3/01/11
Specific Subject: Payment of Special
Assessments and Other Cancellation Date
Development Costs
Supersedes No.
PURPOSE
To establish policies and terms for the payment of special assessments associated
with the construction of various public improvements including grading and
graveling, paving, new sidewalk, water mains, sanitary sewers, storm sewers, and
street lighting; and establish criteria for the consideration of alternate payment
arrangements in cases of financial hardship.
STATEMENT OF POLICY
1.General
A.Those property owners benefitting from public improvements
constructed or installed adjacent to their property should pay for
such improvements.
B.The City of Janesville recognizes the substantial impact public
improvement costs have on the individual property owners and
may provide payment options to lessen that burden.
C.The City of Janesville is not a financial institution in the business
of financing improvement costs of private development.
2.Methods of payment for individual property owners.
A.Three methods of payment shall be available to any individual
property owner in the City of Janesville who is assessed for a
necessary public improvement. However, these payment methods
shall not apply to subdividers, land developers, speculative builders,
or owners of three or more vacant lots on the same street or within ¼
mile of another.
i.The assessment may be paid in cash upon completion of the
work.
ii.The assessment may be paid with property taxes for the first
year following the completion of the work. Interest shall be
charged beginning thirty (30) days after the date of the invoice.
iii.The assessment may be spread over a period of five (5) years
with interest at the prevailing rate per annum on the unpaid
balance. The first installment on the five-year plan shall
include 1/5 of the principal with the interest on the unpaid
portion, and shall be so entered in the tax roll. Each of the
CITY OF JANESVILLE Policy No. 87
Page 2 of 4
CITY COUNCIL POLICY STATEMENT Date Issued
Revised:
General Subject: Administration
Effective Date 3/01/11
Specific Subject: Payment of Special
Assessments and Other Cancellation Date
Development Costs
Supersedes No.
subsequent installments shall be entered in each of the annual
tax rolls thereafter until all are collected. Interest shall be
charged beginning thirty (30) days after the date of the date of
invoice.
B.Any of the methods of payment stated above may be elected by an
individual property owner on any assessment for a public
improvement project except for the installation of sewer and water
service pipes (laterals) and preliminary grading and graveling.
Exception
Special assessments for which the total amount due is less than $500
shall not be eligible for extended payment on either a five or ten year
plan. Such assessments may be paid under the provisions of
Paragraph A(i) or A(ii) above.
3.Methods of Payment for subdividers, land developers, speculative builders,
or owners of three or more vacant lots on the same street or within ¼ mile
of another.
A.Cash deposit prior to the commencement of any design work related
to the improvement in an amount equal to the City Engineer’s
estimate for the total cost of the improvement.
B.Posting a Letter of Credit satisfactory to the City prior to the
commencement of any design work related to the improvements in an
amount equal to 1½ times the City Engineer’s estimate for the total
cost of the improvement. Payment in full shall be due within thirty
days of the completion date or invoice date, whichever is later. Any
balance unpaid thirty (30) days after the invoice date shall be charged
interest at the applicable rate and drawn from the Letter of Credit.
4.Financial Hardships.
A.If an individual property owner has a financial hardship, they may
apply in writing to the City Clerk-Treasurer for alternate payment
arrangements. The property owner must provide whatever
information the City Clerk-Treasurer determines is necessary for the
purposes of determining financial hardship.
i.To spread payments over ten (10) years with interest; rather
CITY OF JANESVILLE Policy No. 87
Page 3 of 4
CITY COUNCIL POLICY STATEMENT Date Issued
Revised:
General Subject: Administration
Effective Date 3/01/11
Specific Subject: Payment of Special
Assessments and Other Cancellation Date
Development Costs
Supersedes No.
than five years as provided in Section 2 (A)(iii) the following
criteria must be met:
a.The property involved is owned by and is the primary
residence of such person.
b.The adjusted annual family income of such person is
equal to or less than 80% of the County median income
as established by the Department of Housing and Urban
Development.
ii.To have all payments deferred until ownership of the property
is transferred the following criteria must be met:
a.The property involved is owned by and is the primary
residence of such person.
b.The person is over 64 years of age or is handicapped so
as to limit earning ability.
c.The adjusted annual family income of such person is
equal to or less than 50% of the County median income
as established by the Department of Housing and Urban
Development.
During this period of deferment, no interest shall accrue on
any unpaid balance.
B.If the City Clerk-Treasurer determines that the property qualifies for a
financial hardship based upon the criteria established above, then
they may administratively approve the request. No further action by
the City Council is required.
C.A financial hardship is presumed to exist when an individual property
owner has a total of 400 linear feet of new sidewalk ordered installed
on a single property, or a combination of any number of properties on
a single public works contract. In such cases, payment for the
sidewalk improvements may be spread over ten (10) years with
interest at the request of the property owner; rather than five years as
provided above.
D.If a subdivider, land developer, speculative builder, or owner of three
or more vacant lots on the same street or within ¼ mile of another
(subdivider) has a financial hardship they may apply in writing to the
CITY OF JANESVILLE Policy No. 87
Page 4 of 4
CITY COUNCIL POLICY STATEMENT Date Issued
Revised:
General Subject: Administration
Effective Date 3/01/11
Specific Subject: Payment of Special
Assessments and Other Cancellation Date
Development Costs
Supersedes No.
City Clerk-Treasurer for alternate payment arrangements.
i.The following information must be provided for the purposes of
determining financial hardship:
a.Federal Income Tax return for the prior year, including
all schedules, attachments, and supporting
documentation, for the owner.
b.Current financial statements.
c.Twelve month payment history for any outstanding loans
on the property.
d.A plan for meeting future payment obligations on the
property including, but not limited to, property taxes,
loans, and assessments.
ii.In their written request the subdivider must request specific
payment arrangements.
iii.The subdivider must demonstrate that the granting of these
alternate payment arrangements will allow them to meet their
current and future payment obligations on the property.
iv.The City Clerk-Treasurer will evaluate the information provided
and prepare a recommendation to the City Council. All such
requests must be approved by the City Council.
ORDINANCE NO. 2011 – 478
An ordinance eliminating waiver of special assessment procedures as a means for satisfying new
developer/subdivider storm sewer, sidewalk, and street lighting payment obligations under JGO
Chapters 17.44, 17.46, and 17.47.
THE COMMON COUCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I.
JGO 17.44.010 D. is hereby repealed.
SECTION II.
JGO 17.44.010 E, F, and G are hereby renumbered D, E, and F, respectively.
SECTION III.
JGO 17.46.010 B., last sentence is repealed. The remainder of the subsection
shall remain in full force and effect.
SECTION IV.
17.47.010 B, last sentence is repealed. The remainder of the subsection shall
remain in full force and effect.
ADOPTED: Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
Eric Levitt, City Manager
McDonald
ATTEST:
Steeber
Perrotto
Jean Ann Wulf, City Clerk-Treasurer
Truman
Rashkin
APPROVED AS TO FORM:
Voskuil
______
Wald Klimczyk, City Attorney
Proposed by: Assistant City Manager
Prepared by: City Attorney Wald Klimczyk