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Full Agenda Packet CITY OF JANESVILLE CITY COUNCIL MEETING AGENDA MONDAY, June 13, 2011 7:00 P.M. 1. Call to Order and Pledge of Allegiance. 2. Roll Call. 3. Regular City Council meeting minutes of May 23, 2011. “C” 4. Licenses; and Recommendations of the Alcohol License Advisory Committee. (Refer to separate agenda.) “C” 5. Waiver of special assessment procedures for sanitary sewer and water main for the southside of East Delavan Drive (Current Parcel 6-10-251) – Steinke. “C” 6. Action on a financial gain request from Downtown Development Alliance to host four “Picnic In The Park” events at four separate downtown parks on four dates as follows: June 12, 2011 at Fireman’s/Volunteer Park; 2) July 10, 2011 at Jefferson Park; 3) August 14, 2011 at Downtown Riverfront Park; and 4) September 11, 2011 at Lower Courthouse Park. “C” 7. Special recognition: Action on a proposed resolution in commendation of Marsha J. Havertape’s service to the City of Janesville. (File Res. No. 2011-812) 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 proposed ordinance amending the City’s Wastewater Facility and Sewer Use ordinance in order to adjust hauled waste service charges. (File Ord. No. 2011-486) ----------------------- “C” – This designation indicates an item that the City Council will take up under a Consent Agenda. City Council Agenda – June 13, 2011 Page 2 NEW BUSINESS 1. Action on a proposed resolution authorizing the City Manager to proceed with the sale of surplus properly located at 3215 and 3221 Rockport Park Drive. (File Res. No. 2011-815) 2. City Manager Report: Revaluation (The Final Report). 3. Introduce and schedule a public hearing on a proposed ordinance clarifying that the term “ward supervisors” refers to elected Rock County Board representatives. (File Ord. No. 2011-483) 4. Introduce and schedule a public hearing on a proposed ordinance annexing property located at 2120 East Delavan Drive. (File Ord. No. 2011-487) 5. Introduce, refer to Plan Commission and schedule a public hearing on a proposed ordinance zoning property located at 2120 East Delavan Drive to R1 upon annexation. (File Ord. No. 2011-488) 6. Introduce, refer to Plan Commission and schedule a public hearing on a proposed ordinance establishing a Historic Overlay District on land located in the vicinity of Downtown Janesville. (File Ord. No. 2011-489) 7. Introduce, refer to Plan Commission and schedule a public hearing on a proposed ordinance which creates the Historic District Plan for the Downtown Historic Overlay District. (File Ord. No. 2011-490) 8. Requests and comments from the public on matters which can be affected by Council action. 9. Matters not on the Agenda. 10. Consideration of a motion to convene into closed session, pursuant to Wisconsin Statute Section 19.85(1)(e), for the purpose of considering, deliberating, and setting the bargaining and negotiating terms and conditions, since competitive and/or bargaining reasons require a closed session, for a potential purchase of properties on the City's south side for bike trail and other public purposes. 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 MAY 23, 2011 VOL. 62 NO. 5 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on May 23, 2011. The meeting was called to order by Council President Brunner at 7:00 PM. Present: Council President Brunner, Councilmembers Dongarra-Adams, Liebert, McDonald, Rashkin Steeber and Voskuil. CONSENT AGENDA Minutes of the special City Council meeting of April 27, 2011. Minutes of the regular City Council meeting of May 9, 2011. Licenses; and Recommendations of the Alcohol License Advisory Committee. (Refer to separate agenda.) Financial statement for the month of April, 2011. Council President Brunner stated that the items on the consent agenda would be approved if there were no objections. There were none. OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. Dave Marshick, representing the Downtown Development Alliance, requested funding for renovation of the old theater (rendition provided). 2. A proposed ordinance amending JGO Sections 5.52.011(A) and 5.52.040(A) regulating pawnbrokers, second hand article dealers, and second hand jewelry dealers in the City of Janesville received its second reading and public hearing. Richard Erdman, 411 W. Milwaukee St. objected to paper currency and coins being regulated by local ordinance, stating the ordinance was more restrictive than the State or Federal laws. Leann Heise, representing the Exclusive Company, would like the dollar amount per transaction increased from $10 to $15 or $20. Councilmember Steeber moved to adopt said ordinance, seconded by Councilmember Rashkin. Councilmember McDonald offered a friendly amendment to increase the per transaction amount from $10 to $20 which was accepted by the maker and seconder. The motion, as amended passed unanimously (File Ord. No. 2011-482) NEW BUSINESS Council President Brunner changed the order of New Business items #1, #2, #3 & #4. 3. Action on a proposed resolution approving a revised State and Federal grants budget. Councilmember Rashkin moved to adopt said resolution and to reduce the Downtown Improvement program to $14,000 and to reduce the Home Ownership program by $4,000, seconded by Councilmember Steeber. Councilmember McDonald offered a friendly amendment to reduce the Downtown Improvement program by $18,000 and not reduce the Home Ownership program. The friendly amendment was not accepted. Councilmembers Rashkin and Steeber withdrew their motion. Councilmember Rashkin moved to adopt said resolution as originally presented, seconded by Councilmember Steeber and passed unanimously. City Manager Levitt stated that he would ask the Council to approve the use of TIF #9 funds for the Downtown Improvement Program. (File Res. No. 2011-805) 4. Action on a proposed resolution authorizing the terminating, dissolving and de-certifying of TIF District #14 and authorizing the City Clerk to distribute excess increment to overlying taxing districts. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember McDonald and passed unanimously. (File Res. No. 2011-808) 1. City Manager Report: Revaluation (Part 4). City Assessor Richard Haviza explained how the Department of Revenue Assessment Manual defines arms length transactions, full value, market value, and short sales. 3. Action on a proposed resolution authorizing the filing of an application in cooperation with the County of Rock with the US Department of Housing and Urban Development for a lead hazard control grant. Councilmember McDonald moved to adopt said resolution, seconded by Councilmember Rashkin and passed unanimously. (File Res. No. 2011-809) 5. Action on a proposed resolution acknowledging the review of the Wastewater Utility 2010 Compliance Maintenance Annual Report. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Liebert and passed unanimously. (File Res. No. 2011-807) 6. A proposed ordinance amending the City’s Wastewater Facility and Sewer Use ordinance in order to adjust hauled waste service charges was introduced and schedule for a public hearing on June 13, 2011. (File Ord. No. 2011-486) 7. A proposed ordinance rezoning property located at 1220 West Court Street from O1 to B2 was introduced, referred to the Plan Commission and scheduled for a public hearing on July 11, 2011. (File Ord. No. 2011-485) 8. Requests and comments from the public on matters which can be affected by Council action. No one spoke. 9. Matters not on the Agenda. Councilmember Steeber stated that the bike trail near the intersection of Highway 14 and E. Milwaukee St. appears to have drainage problems. Councilmember Voskuil commented that TIF 14 was a success as it had an 85% increase in value. Councilmember McDonald asked about Active Network (the City’s advertising firm) and the progress made to date and was informed that City Manager Levitt will prepare a report on the matter. Councilmember Liebert congratulated the Police Department for their accreditation. 10. Motion to adjourn. Councilmember Steeber moved to adjourn, seconded by Councilmember McDonald and passed unanimously. There being no further business, Council adjourned at 8:38 p.m. These minutes are not official until approved by the City Council. Jean Ann Wulf City Clerk-Treasurer JANESVILLE CITY COUNCIL LICENSE AGENDA 6/13/2011 RECOMMENDED A. ELECTRICIANS–ORIGINAL Jerome E. Hinderman 4915 Farwell St., McFarland, WI Craig S. Rafko 2649 Hwy. 175, Richfield, WI Matthew I. Statz 5051 Vienna Rd., Waunakee, WI Timothy A. Stevenson PO BOX 201, Milton, WI B. SIGN ERECTOR–ORIGINAL Capital city Neon Sign Co. 2714 Industrial Dr., Madison, WI Sign Craft 8635 Hollander Dr., Franksville, WI C. ORIGINAL AND RENEWAL CLASS B INTOXICATING LIQUOR AND FERMENTED MALT BEVERAGE LICENSE Sam’s Pizza of Janesville, Inc. d/b/a Sam’s Pizza 1313 Milton Ave. D. AMUSEMENT CENTER-RENEWALS FOR THE 2011-2012 LICENSE YEAR (See Attached List) E. AMUSEMENT DEVICE-RENEWALS FOR THE 2011-2012 LICENSE YEAR (See Attached List) F. BOWLING ALLEY-RENEWALS FOR THE 2011-2012 LICENSE YEAR (See Attached List) G. ELECTRICIANS-RENEWALS FOR THE 2011-2012 LICENSE YEAR (See Attached List) H. ICE RINK-RENEWAL FOR THE 2011-2012 LICENSE YEAR (See Attached List) I. MOTOR VEHICLE SALVAGE DEALER-RENEWALS FOR THE 2011-2012 LICENSE YEAR (See Attached List) J. SIGN ERECTOR-RENEWALS FOR THE 2011-2012 LICENSE YEAR (See Attached List) K. THEATER-RENEWALS FOR THE 2011-2012 LICENSE YEAR (See Attached List) 2010-2011 License RenewalsCity of JanesvillePage 1 of 8 TRADE NAMEOWNER NAMELOCAL ADDRESSADDRESSCITYSTZIP AMUSEMENT CENTER 708 CLUBPELTON, CINDY708 S JACKSON ST708 S JACKSON STJANESVILLEWI53548 AMERICAS BEST VALUE INN - SUNRISE LODGING LLC3900 MILTON AVE3900 MILTON AVEJANESVILLEWI53546 JANESVILLE B & D VENDINGDAVID MCMULLIN2307 MILTON AVEP O BOX 1361JANESVILLEWI53547 BAD BRAD'S WING & A PRAYERVINCENT, BRADLEY B911 ROCKPORT RD911 ROCKPORT RDJANESVILLEWI53545 BLACK BRIDGE BOWLBLACK BRIDGE BOWL INC1141 BLACK BRIDGE RD1141 BLACK BRIDGE RDJANESVILLEWI53545 BUFFALO WILD WINGS GRILL AND 5500 WAYZATA BLVD BLAZIN WINGS INC2929 MILTON AVE #110MINNEAPOLISMN55416 BAR#1600 CHUCK E CHEESE'S #728CEC ENTERTAINMENT INC2500 MILTON AVE #31774441 W AIRPORT FRWYIRVINGTX75062 DEANO'S WEST SIDE PUB INCDEANO'S WEST SIDE PUB INC2523 W WALL ST2523 W WALL STJANESVILLEWI53545 DOOLS PUB & GRUBDOOLS LLC967 S JACKSON ST967 S JACKSON STJANESVILLEWI53546 EAST POINT SPORTZ PUBEAST POINT SPORTZ PUB LLC3501 E MILWAUKEE ST3501 E MILWAUKEE STJANESVILLEWI53546 EL RA BOWLING LANESEL RA BOWLING LANES INC1942 CENTER AVE1942 CENTER AVEJANESVILLEWI53546 FUNZI'S SPORTZZ PIZZABROSE, KURT E1141 BLACK BRIDGE RD1141 BLACK BRIDGE RDJANESVILLEWI53545 GAME DAY SPORTS BAR AND FOURTH WARD BAR PARTNERS LLC966 S JACKSON ST966 S JACKSON STJANESVILLEWI53546 GRILL GROUND ROUNDJAMIS LLC2753 MILTON AVE2753 MILTON AVEJANESVILLEWI53545 HAMMY'S ROADSIDE BARHAMMY'S INC2131 CENTER AVE2131 CENTER AVEJANESVILLEWI53546 JANESVILLE TRAVEL PLAZAJANESVILLE TRAVEL CENTER INC3222 HUMES RDP O BOX 8218JANESVILLEWI53547 121 E MILWAUKEE ST SUITE 121 E MILWAUKEE ST LAVA LOUNGESKINNER ENTERPRISES LLCJANESVILLEWI53545 100SUITE 100 LEGENDSMIL MAN CORPORATION11 N MAIN ST11 N MAIN STJANESVILLEWI53545 JANESVILLE LODGE NO 197 LOYAL 53547- LOYAL ORDER OF MOOSE #1972701 ROCKPORT RDPO BOX 8501JANESVILLEWI ORDER OF MOOSE INC8501 2500 MILTON AVE SUITE METRO ARCADEPETERSON, JAY C10907 JASMINE DRROSCOEIL61073 182 MY APARTMENT PUB AND GRILLTSL INC15 N ARCH ST15 N ARCH STJANESVILLEWI53548 712 N CENTRAL AVE SUITE NAMCO GAMESNAMCO CYBERTAINMENT INC3136 E HIGHWAY 14WOODDALEIL60191 B QUOTES BAR AND GRILLSPIRITS OF JANESVILLE LLC24 N MAIN ST24 N MAIN STJANESVILLEWI53545 RIDERS INTOM'S RIDERS IN LLC721 CENTER AVE721 CENTER AVEJANESVILLEWI53548 RIVERS EDGE BOWLPLAYMORE BOWL INC215 S RIVER ST215 S RIVER STJANESVILLEWI53545 2419 MORSE ST SUITE ROAD DAWG SALOON & EATERYPATTI'S RD SALOON INC2419 MORSE ST SUITE 110JANESVILLEWI53545 110 RUSS'S PARK PLACEJTR HOLDINGS LLC1637 E RACINE ST1637 E RACINE STJANESVILLEWI53545 2010-2011 License RenewalsCity of JanesvillePage 2 of 8 TRADE NAMEOWNER NAMELOCAL ADDRESSADDRESSCITYSTZIP SPIRITSSPIRITS INC2710 W COURT ST2710 W COURT STJANESVILLEWI53545 STOKE'S PUBSTOKE'S PUB INC1633 E RACINE ST1633 E RACINE STJANESVILLEWI53545 TAASBAGMO-TAASBAG LLC2339 MILTON AVE2339 MILTON AVEJANESVILLEWI53545 THE LOOKING GLASSBAMS INC18 N MAIN ST18 N MAIN STJANESVILLEWI53545 TRADING SPACES BAR AND GRILLTRADING SPACES BAR AND GRILL INC54 S MAIN ST54 S MAIN STJANESVILLEWI53545 TREMOR'S INCTREMER'S INC1804 CENTER AVE1804 CENTER AVEJANESVILLEWI53545 VETERANS OF FOREIGN WARS - KIENOW HILT POST VFW - 16211015 CENTER AV1015 CENTER AVEJANESVILLEWI53546 POST 1621 WEIRDO'S BAR & GRILLWEIR INC209 W MILWAUKEE ST209 W. 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FOSTERNONE5129 FOREST HILLS CTLOVES PARKIL61111 GRANT SIGNSSIGN PRODUCTIONS INCNONE5119 TERMINAL DRMCFARLANDWI53558 GRAPHIC HOUSE INCHARTINGER, HUGHNONE9204 PACKER DRWAUSAUWI54401 HARDER SIGN CO INCJOHN A. HARDERNONE4695 STENSTROM RDROCKFORDIL61109 IMAGE SIGNS INCROBERT C. BAKERNONE7323 N ALPINE RDLOVES PARKIL61111 INTERSTATE SIGNSJOHN A BRIGGS JR530 CENTER AVE530 CENTER AVEJANESVILLEWI53548 J N B SIGNS INCANTHONY J. RUSSOTTO1221 VENTURE DR, SUITE 11221 VENTURE DR SUITE 1JANESVILLEWI53546 LAMAR OUTDOOR ADVERTISINGLAMAR ADVERTISING COMPANY5101 HIGHWAY 515101 HIGHWAY 51 SOUTHJANESVILLEWI53546 RLO SIGN, INC.OSTERMANN, ROGER LNONE1030 ONTARIO AVE.SHEBOYGANWI53081 ROCK GRAPHICS & SIGNS INCDEAN L WERNER3500 NEWVILLE RD3500 NEWVILLE RDJANESVILLEWI53545 RYAN SIGNS INCMARY BETH GROWNEY SELENENONE3007 PERRY STMADISONWI53713 DOUGLAS AND KIMBERLY MEYERS, SIGN A RAMA1221 VENTURE DR SUITE 21221 VENTURE DR SUITE 2JANESVILLEWI53546 HSK INC SIGN EFFECTZ INCADAM S. BROWNNONE1827 W GLENDALE AVEMILWAUKEEWI53209 SULLIVAN SIGNS INCGERALD W. SULLIVAN620 N MAIN ST620 N MAIN STJANESVILLEWI53545 WISCONSIN SIGN & GRAPHICS LLCLUNDGREN, ROBERT ENONEPO BOX 283BROOKLYNWI53521 THEATER WILDWOOD MOVIES 10ROSEBUD PARTNERS LLC3100 DEERFIELD DRPO BOX 430JANESVILLEWI53546 DEPARTMENT OF PUBLIC WORKS MEMORANDUM ENGINEERING DIVISION June 1, 2011 TO: City Council FROM: Margaret Duerr, Engineering Division SUBJECT: Waiver of Procedure for Special Assessments for Sanitary Sewer and Water Main for the South Side of E Delavan Drive (Current Parcel 6-10-251) – Steinke . Staff Recommendation The Engineering Division recommends approving this item along with other consent agenda items. Request Ervin and Jackilyn Steinke, requests to waive the special assessment procedure and allow these assessments the use of the 5-year payment plan. Background Mr. & Mrs. Steinke have recently experienced a well failure and have requested connection to city sewer and water services. Mr. & Mrs. Steinke have signed the necessary waiver document which allows the charges to be spread over five years with interest at 6.00% on the unpaid balance. The following chart shows assessment charges: Owner/Developer Sewer Water Main Total Assessments: Ervin & Jackilyn Steinke $2,512.50 $3,068.50 $5,581.00 Ervin and Jackilyn Steinke’s current outstanding assessment balance is $0.00. CC: Eric Levitt Jacob J. Winzenz Mike Payne \\petey\COJHome\Agenda Review\Approved Agenda Items\2011\06-13-2011\Waiver for 2120 E Delavan Dr (Steinke) - Memo.doc LEISURE SERVICES DEPARTMENT MEMORANDUM May 25, 2011 TO: City Council FROM: Shelley Slapak, Acting Recreation Director SUBJECT: Action on a Financial Gain Request from Downtown Development Alliance Introduction The Downtown Development Alliance, a 501(c)3 organization, has submitted an application requesting approval of a public event to encourage public use of downtown parks and benefit the organization’s activities fund used for promoting downtown Janesville. The organization would like to host four “Picnic In The Park” events at 4 separate downtown parks on 4 dates as follows: 1) June 12, 2011 at Fireman’s Park; 2) July 10, 2011 at Library Park; 3) August 14, 2011 at Jefferson Park; and 4) September 11, 2011 at Lower Courthouse Park. These picnics are intended to be community picnics where families may bring their blankets and picnic food to the park and enjoy mingling with fellow citizens, while becoming familiar with some of the downtown parks. Donations will be accepted and concessions available for purchase. Children’s activities and musical entertainment may also be offered. 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 are copies of the application for each date and location, along with the recycling plan for each date. Background The Downtown Development Alliance has provided the Leisure Services Department with completed applications and recycling plans for each event date. The appropriate event fee will be paid, and a certificate of liability insurance will be provided once the event is approved. Staff Recommendation Leisure Services has reviewed this application, and staff recommends that the City Council approve the request from the Downtown Development Alliance to conduct a public event as outlined above to benefit the organization and to encourage public use of downtown facilities. City Manager Recommendation The City Manager concurs with the recommendation. Due to timing the Fireman’s Park event is the weekend of this Council action. Suggested Motion I move to approve the financial gain request from the Downtown Development Alliance the “Picnic In The Park” events as submitted. Attachments Cc: Eric Levitt, City Manager Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services 1 HUMAN RESOURCES DIVISION MEMORANDUM June 1, 2011 TO: City Council FROM: Susan Musick, Human Resources Director SUBJECT: Retirement Recognition Marsha J. Havertape Executive Summary At the City Council meeting of June 13, 2011, the following retirement commendation will be considered under the consent agenda: 1. Marsha J. Havertape for thirty-five years of service with the City of Janesville (File Resolution Number 2011-812).  Marsha will be attending the June 13, 2011, Council meeting.  Marsha began working for the City of Janesville on June 1, 1976, as an Accounting Clerk in the Finance Division. In December 1991, Marsha transferred to the Human Resources Division, and her title changed to Benefit/Payroll Technician. In September 1999, she was reclassified as an Administrative Assistant.  Marsha’s retirement date is June 3, 2011. Recommendation Staff recommends adoption of File Resolution 2011-812. 1 RESOLUTION NO. 2011-812 Whereas, Marsha J. Havertape is retiring from City of Janesville employment after having diligently served the people of the City of Janesville and the community for thirty- five years; Whereas , Marsha J. Havertape began her tenure in Janesville as an Accounting Clerk in the Accounting Division, and will be retiring as an Administrative Assistant with the City of Janesville Human Resources Division; and Whereas, during her service to the community, Marsha J. Havertape made contributions in employee payroll and benefit matters; provided outstanding customer service to her fellow employees and the public, and was always willing to volunteer on employee committees; and Whereas, during Marsha J. Havertape’s employment with the City of Janesville, she provided exemplary professional service and demonstrated conscientious devotion to the duties of her position, which she performed with skill and ability, sincerity, honesty, and dedication; and Whereas , Marsha J. Havertape was recognized as the Administrative Services Division and City Employee of the Year in 2003; and Whereas, it is desired that such commendable service to the City of Janesville be properly recognized; Now, Therefore, Be It Resolved that the people of the City of Janesville, through the City Council, do express their grateful appreciation to Marsha J. Havertape for her thirty-five years of loyal public service. th Dated this 13 day of June, 2011. Motion by: ADOPTED: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Eric J. Levitt, City Manager Dongarra-Adams Liebert ATTEST: McDonald Rashkin Jean Ann Wulf, City Clerk-Treasurer Steeber APPROVED AS TO FORM: Voskuil City Attorney Proposed by: Human Resources Prepared by: Human Resources DIVISION OF PUBLIC WORKS MEMORANDUM May 24, 2011 TO: City Council FROM: Daniel L. Lynch, Utility Director SUBJECT: Second Reading, Public Hearing and Action on a Proposed Ordinance Amending the City’s Wastewater Facility and Sewer Use Ordinance in Order to Adjust Hauled Waste Service Charges as Set Forth in Chapter 13.18 of the Code of Ordinances of the City of Janesville (File Ord. 2011-486) Summary The City of Janesville Wastewater Treatment Plant (WWTP) regularly receives bulk waste delivered to it by liquid tanker trucks. This liquid waste material is typically domestic waste from residential septic or holding tanks, but sometimes commercial or industrial facilities also generate liquid wastes that need to be properly disposed of. The Wisconsin Department of Natural Resources generally requires municipalities which have accepted State of Wisconsin low interest loans for wastewater collection or treatment plant projects to accept these bulk liquid wastes unless there is a specific reason to reject the waste. Department Recommendation The Administrative Services Department and Wastewater Utility recommend that, following the public hearing, the City Council support a motion to adopt File Ordinance 2011-486 amending the City’s Wastewater Facility and Sewer Use Ordinance. Manager’s Recommendation The City Manager concurs with the recommendation of the Administrative Services Division and the Wastewater Utility. Suggest Motion Move to approve File Ordinance 2011-486 Analysis The bulk waste rates charges levied under this program are established by ordinance (Ch 13.18.050—Hauled Waste Service Charge). These charges are intended to recoup the costs incurred by the Wastewater Utility for treating wastewater delivered by truck to the treatment plant. This wastewater delivered to the treatment plant generally comes from septic or holding tanks located on rural properties outside the City of Janesville. In 2010 when the general wastewater rates were increased to reflect the anticipated construction costs of the treatment plant upgrade and expansion, these bulk waste rates were not adjusted. This ordinance is intended to correct that oversight and establish new bulk waste rates more in line with the costs incurred by the Wastewater Utility to treat these bulk wastes. The bulk waste program receives approximately 900 trucks per year which carry about a million gallons of septage and a half million gallons of holding tank waste per year. Including maintenance, staff and capital repayment costs the Utility expects to spend approximately $52,000 to $55,000 per year. The bulk waste program generated about $35,000 in revenue in 2010 using the current bulk waste rates. Using the proposed rates this program would have generated approximately $57,000. The following table illustrates the information in the above paragraph. 2010 Bulk Waste Liquid Waste Current Rates Proposed Rates Program Received (Gallons) $30 Septage $50 Septage $7.50 Holding $9.50 Holding Septage 971,980 $29,160 $48,599 Holding 521,700 3,913 4,956 Other/Misc 62,250 1867 3112 Annual Fee * 450 Totals 1,555,930 $34,940 $57, 117 * Administrative fee is only issued on initial application Twenty-two Wisconsin municipalities were surveyed regarding their acceptance of and fees charges for liquid waste. Seventeen of those communities accept septage and holding tank waste. The average charge for those seventeen communities was $49.43 per thousand gallons for septage and $9.11 per thousand gallons for holding tank waste. The largest community not accepting septage was less than half the size of Janesville the other four were much smaller. (Smaller plants are more susceptible to operational upsets to their treatment process.) Charges under this program are intended to generate sufficient funds to allow this program to operate without subsidy by other customers of the Janesville Wastewater Utility. The proposed rate adjustment will allow this to happen. The proposed rates also need to be reasonable and appear to meet that test as evidenced by their similarity to other communities. cc: Eric Levitt, City Manager Jay Winzenz, Director of Administrative Services Wald Klimczyk, City Attorney ORDINANCE NO. 2011-486 An Ordinance Amending the City’s Wastewater Facility and Sewer Use Ordinance in Order to Adjust Hauled Waste Service Charges, as Set Forth in Chapter 13.18 of the Code of Ordinances of the City of Janesville THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Section 13.18.050 B.1. (“Application Fee”) of the Code of General Ordinances of the City of Janesville is hereby amended as follows: 1.Application Fee. To defray annual program administration costs, a non-refundable fee of $50.00 shall be paid by the applying licensed hauler at the time of the application. Once the application is approved by the Director, the licensed hauler will be authorized to discharge residential septage and/or holding tank waste at the treatment plant for a period of one year. All other liquid wastes require a separate specific approval of the Director prior to their discharge. A new application and $50.00 non-refundable fee must be submitted each year. SECTION II. Section 13.18.050 B.2. (“Septage”) of the Code of General Ordinances of the City of Janesville is hereby amended as follows: 2.Septage. For each 1,000 gallons or portion thereof of typical strength septage (less than 7,000 mg/L BOD and /or 15,000 mg/L SS) there shall be a charge of $50.00. If analytical testing determines the strength of the septage to be higher than typical values as indicated above, an additional charge shall be levied, based upon the unit charges as indicated in Section 13.18.040 above, and upon the increased pounds of BOD and /or SS over and above the typical strengths as stated in this paragraph. SECTION III. Section 13.18.050 B.3. (“Holding Tank Wastes”) of the Code of General Ordinances of the City of Janesville is hereby amended as follows: 3.Holding Tank Wastes. For each 1,000 gallons or portion thereof of typical strength holding tank waste (less than 600 mg/L BOD and /or 1,800 mg/L SS) there shall be a charge of $9.50. If analytical testing determines the strength of the septage to be higher than typical values as indicated above, an additional charge shall be levied, based upon the unit charges as indicated in Section 13.18.040 above, and upon the increased pounds of BOD and /or SS over and above the typical strengths as stated in this paragraph. st SECTION IV. This ordinance and the above rates shall take effect on the 1 day of July 2011. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Dongarra-Adams Eric J. Levitt, City Manager Liebert McDonald ATTEST: Rashkin Steeber Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Utility Director Prepared by: Utility Director CLERK-TREASURER’S OFFICE MEMORANDUM June 6, 2011 TO: City Council FROM: Jean Ann Wulf, City Clerk-Treasurer SUBJECT: Action on a proposed resolution authorizing the City Manager to sell properties located at 3215 and 3221 Rockport Park Drive. (File Res. 2011-815) Staff Recommendation Staff recommends that the City Council support a motion to authorize the City Manager or his designee to proceed with the sale of surplus properties located at 3215 and 3221 Rockport Park Drive. City Manager Recommendation I recommend approval of the sale due to the fact that the City will receive greater than 75% of its special assessments on the property and will receive greater than 100% of the funds the City paid at the auction. Suggested Motion A motion to adopt File Resolution 2011-815 authorizing the City Manager to proceed with the sale of surplus properties located at 3215 and 3221 Rockport Park Drive for $32,000 to Mr. Scott Loveland. Background The City was noticed by Rock County that 9 lots in the Hickory Ridge Subdivision were going on the Rock County Tax Lien foreclosure sale. The developer of these lots did not pay the property taxes nor the special assessments. The City had invested $126,974 in special assessments in these lots. By Council direction, staff bid on 8 lots and did not bid on the out lot. The auction bids did not reach the maximum bid amount set by the Council and the City purchased 8 lots at a cost of $79,500. Of that amount, we received back $58,307 in special assessments and Rock County retained $21,193 for back taxes and foreclosing costs. The City now has a total of $155,420 invested in these lots. Analysis A. The City of Janesville acquired the lots located at 3215 and 3221 Rockport Park Drive in October 2010 through the Rock County Tax Lien foreclosure sale. The purchase price was $28,000 and the City received $20,277 from Rock County for our special assessments levied against the property. At the date of purchase, the City has a total of $42,300 invested in these lots. The City used 2010 note proceeds for the property acquisition. B. The subject sites are developed oversized lots in the Hickory Ridge subdivision. The properties combined are approximately 1.95 acres and have a 2010 assessed land value of $89,600. C. The $32,000 bid would cover all but $10,300 of the City’s special assessment costs. cc: Jacob Winzenz, Director of Administrative Services Eric Levitt, City Manager RESOLUTION NO. 2011–815 A resolution authorizing the City Manager to proceed with the sale of surplus property located at 3215 and 3221 Rockport Park Drive. WHEREAS, the City of Janesville owns the real properties located at 3215 and 3221 Rockport Park Drive with parcel numbers of 0403400035 and 0403400036, respectively; WHEREAS, The City of Janesville acquired the properties located at 3215 and 3221 Hickory Ridge Drive in October 2010 though the Rock County Tax Lien program with Property Acquisition Funds in the amount of $28,000; and WHEREAS, the proceeds from the sale of this property will be returned to the Special Assessment Fund to satisfy all outstanding assessments and the loss would be charged against the Property Acquisition Account; and WHEREAS, this property is now surplus and no longer needed for any public purpose; and WHEREAS, the City of Janesville has negotiated an agreement to sell the properties to Mr. Scott Loveland in the amount of $32,000.00; and WHEREAS, the sale of surplus property is in the best interest of and benefit to the City and community; and NOW THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL of the City of Janesville that the City Manager and others on his behalf are authorized to sell and convey these parcels of surplus property to Mr. Scott Loveland for $32,000.00 on behalf of the City of Janesville; and to negotiate and execute such documents, papers, and forms as the City Manager may, from time to time, determine necessary and/or desirable to effectuate this transaction and the intent of this Resolution; and BE IT FURTHER RESOLVED that the City Manager and his designee(s) are hereby authorized to take whatever other actions and to make whatever other changes that may find necessary and/or desirable to effectuate this land transaction. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Dongarra-Adams Eric J. Levitt, City Manager Liebert McDonald ATTEST: Rashkin Steeber Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Clerk-Treasurer’s Office Prepared by: Clerk-Treasurer’s Office City Manager Office Memorandum June 7, 2011 TO: City Council FROM: Eric Levitt, City Manager SUBJECT: Introduce and Schedule a public hearing on a proposed ordinance clarifying that the term “ward supervisors” refers to elected Rock County Board representatives. Summary This is an introduction of a proposed amendment to Ordinance 2.08.080 to clarify the term “ward supervisors”. Background Questions have come up over time of what the purpose of the “ward supervisors” definition is in the City of Janesville Ordinances. The City Attorney has done research which includes the timing of the ordinance and what staff believes to be the intent of the ordinance. th A summary of the ordinance will be attached for the June 27 Council meeting. Based on the research and based on the timing of the redistricting, attached is a proposed amendment to Ordinance 2.08.080. City Manager Recommendation The City Manager recommends setting a public hearing for June 27, 2011. Attachments: Ordinance No. 2011-483 ORDINANCE NO. 2011 – 483 An ordinance clarifying that the term “ward supervisors” refers to representatives elected from the City of Janesville to serve on the Rock County Board of Supervisors. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Section 2.08.080 of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: “2.08.080 Supervisor – County of Rock Board --Term of Office . A. The terms “Supervisor” or “ward supervisor” appearing in the Code of General and/or Charter Ordinances of the City of Janesville refers to and means an elected representative from the City of Janesville serving on the Board of Supervisors for the County of Rock. B. The term of office of each supervisor who resides in the City Janesville shall be as provided in applicable state law, as from time to time amended or renumbered, currently two (2) years as provided in Wis. Stats. Sec. 59.10(1)(b). C. The number of Rock County Board Supervisors representing the City of Janesville shall be as lawfully determined, from time to time, by the Rock County Board of Supervisors in combination with then applicable state law. D. Each Rock County Board Supervisor elected from the City of Janesville shall represent the geographical areas of the City of Janesville as from time to time determined or amended by redistricting or other action of the Rock County Board of Supervisors in combination with then applicable state law.” ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Dongarra-Adams Eric Levitt, City Manager Liebert McDonald ATTEST: Rashkin Steeber Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Council President Brunner Prepared by: City Attorney Community Development Department Memorandum Date: June 13, 2011 TO: Janesville City Council FROM: Brad Schmidt, AICP, Associate Planner SUBJECT: Introduce and schedule a public hearing on a proposed ordinance annexing property located at 2120 East Delavan Drive (File Ordinance No. 2011-487); and Introduce, refer to Plan Commission and schedule a public hearing on a proposed ordinance zoning property located at 2120 E. Delavan Drive to R1 upon annexation (File Ordinance No. 2011-488). _____________________________________________________________________ Ervin and Jackilyn Steinke have submitted a valid unanimous petition to annex their property at 2120 East Delavan Drive. The property contains a single-family residence with a well that has failed on the site. The property is contiguous with the City limits and can be served with Municipal sewer and water through a short extension of those facilities within Delevan Drive. In order to connect to the City’s sewer and water system, annexation is required. Coincident with the annexation ordinance, the Community Development Department has prepared an ordinance to zone the property to R1, Single and Two-Family Residence District. The Community Development Department recommends that following the first reading of Ordinance No. 2011-487 and Ordinance No. 2011-488, they be set for public hearing on July 25, 2011. While the annexation does not require Plan Commission review, the zoning of the property must be referred to the Plan Commission. We therefore recommend that Ordinance No. 2011-488 be referred to the Plan Commission for review and recommendation. cc: Eric Levitt Jay Winzenz ORDINANCE NO. 2011-487 An ordinance annexing territory in Section 6 in T.2N., R.13E. of the 4th P.M., Town of LaPrairie, Rock County, Wisconsin. WHEREAS , a petition signed by the owner of the land within such territory proposed to be annexed has been filed with the City Clerk; and WHEREAS , there are two electors residing in the territory; and WHEREAS , the necessary notices have been duly prepared, provided and served as required by law to all persons affected; and WHEREAS , this ordinance does not contain temporary zoning; and WHEREAS , the Department of Administration has not found the proposed annexation to be against the public interest; and WHEREAS , the Common Council has determined that this annexation is in the public interest. NOW THEREFORE THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. The territory described as follows is hereby attached to the City of Janesville. th Part of the NE ¼ of Section 6, T.2N, R.13E, of the 4 P.M., City of Janesville, Rock County, Wisconsin described as follows: Lot 1 of Burmester’s Subdivision within the Town of LaPrairie, Rock County, Wisconsin. Containing .381 acres. SECTION II. After this annexation becomes effective, the above described property shall be exempt from and not subject to further taxation and assessments in the Town of LaPrairie and thence forth shall be subject to taxation and assessment as part of the City of Janesville for any and all purpose provided by law. SECTION III. All the territory attached by this ordinance is hereby made part of Ward 28 of the City of Janesville. SECTION IV. There are two residents in the area proposed for annexation. SECTION V. The annexation is within the Janesville School District. SECTION VI. This ordinance shall take effect immediately upon adoption by the Common Council, the public health, welfare, peace, tranquility, good order, public benefit, and police power so requiring. ORDINANCE NO. 2011-487 PAGE 2 ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Dongarra-Adams Eric J. Levitt, City Manager Liebert McDonald ATTEST: Rashkin Steeber Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Applicant Prepared by: Community Development Department ORDINANCE NO. 2011-488 An ordinance changing and establishing the zoning classification of property located at 2120 E. Delavan Drive. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. The zoning classification of the following described property is established as R1, Single and Two-Family Residence District: th Part of the NE ¼ of Section 6, T.2N, R.13E, of the 4 P.M., City of Janesville, Rock County, Wisconsin described as follows: Lot 1 of Burmester’s Subdivision within the Town of LaPrairie, Rock County, Wisconsin. Containing .381 acres. SECTION II. This ordinance shall take effect immediately upon adoption by the Common Council, the public health, welfare, peace, tranquility, good order, public benefit, and police power so requiring. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Eric J. Levitt, City Manager Dongarra-Adams Liebert ATTEST: McDonald Rashkin Jean Ann Wulf, City Clerk-Treasurer Steeber Voskuil APPROVED AS TO FORM: City Attorney Proposed by: Community Development Department Prepared by: Community Development Department ÍËÞÖÛÝÌ Í×ÌÛ Ý×ÌÇ Ô×Ó×ÌÍ q Ô»¹»²¼ Í«¾¶»½¬ Í·¬» Ý·¬§ Ô·³·¬ Ü¿¬»æ ëñïçñïï Í½¿´»æ ïþã ìððù Ó¿° Ý±±®¼·²¿¬»æ Ñóïí ÔÑÝßÌ×ÑÒ ÓßÐ Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ ÓßÐ ï ßÒÒÛÈßÌ×ÑÒ ÑÚ îïîð Ûò ÜÛÔßÊßÒ ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ ÍæÐ®±¶»½¬ÄÐ´¿²²·²¹ÄÝ¿»ÄÝ¿»îðïïÄÑóïíÁß²²»¨óîïîðóÛóÜ»´¿ª¿²ò³¨ Community Development Department Memorandum Date: June 13, 2011 TO: Janesville City Council FROM: Gale Price, Manager of Building & Development Services SUBJECT: Introduce, refer to Plan Commission and schedule a public hearing on a proposed ordinance which creates the Historic District Plan for the Downtown Historic Overlay District (File Ordinance No. 2011-490). _____________________________________________________________________ The Historic Commission, at the request of the Downtown Development Alliance, has written the attached Historic District Plan for the Downtown Historic Overlay District. As a step towards adoption of the Downtown Historic Overlay District, the City Council must adopt an ordinance creating the District Plan. The Plan was completed and adopted by the Historic Commission in August, 2010. The City realizes the importance of preserving and protecting architecturally and historically significant buildings and sites. The plan outlines the historic significance of the downtown area, the types of architectural styles and which buildings are which style, the guidelines for preservation and includes a map of the proposed district area. The Community Development Department recommends that following the first reading of Ordinance No. 2011-490, it be referred to the Plan Commission for review and recommendation and then scheduled for public hearing on August 8, 2011. cc: Eric Levitt Jay Winzenz ORDINANCE NO. 2011-490 An ordinance which creates the Historic District Plan for the Downtown Historic Overlay District. WHEREAS, the zoning ordinance in the Code of General Ordinances provides for the creation of historic overlay districts; and WHEREAS, the historic overlay district regulations provide that the Historic Commission may, with the assistance of the City Planning Department, prepare an historic district plan for each area recommended to be designated as an historic overlay district; and WHEREAS, the Historic Commission may establish guidelines and development criteria for the Historic Overlay District Plan to serve as a guide for making changes which will be sensitive to the architectural integrity of the structures and appropriate to the overall character of the district; and WHEREAS, the City Council has determined that the adoption of the Downtown Historic Overlay District Plan is in the public interest. NOW THEREFORE BE IT RESOLVED THAT THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN THAT IT HEREBY APPROVES THE DOWNTOWN HISTORIC OVERLAY DISTRICT PLAN which is attached to this ordinance and incorporated by reference. This ordinance shall take effect immediately upon adoption by the Common Council, the public health, welfare, peace, tranquility, good order, public benefit, and police power so requiring. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Dongarra-Adams Eric J. Levitt, City Manager Liebert McDonald ATTEST: Rashkin Steeber Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Historic Commission/Downtown Development Alliance Prepared by: Community Development Department DOWNTOWN HISTORIC OVERLAY DISTRICT PLAN JANESVILLE HISTORIC COMMISSION August 2010 DOWNTOWN HISTORIC OVERLAY DISTRICT PLAN I. INTRODUCTION The City of Janesville realizes the importance of preserving and protecting architecturally and historically significant buildings and sites. The preservation of historic structures helps a community maintain its individuality, uniqueness, and special sense of place. The purpose of the Downtown Historic Overlay District Plan is to direct the preservation, maintenance, and restoration of Janesville’s downtown historic buildings and individual historic districts, four of which are on the National Register of Historic Places. The plan is intended to stabilize and promote the revitalization and conservation of the downtown area, which, in the long run, will benefit the entire city. According to the Downtown Plan and Revitalization Strategy adopted by the Plan Commission in 1988 and also included in the 2007 Downtown Vision and Strategy, “The presence of the Rock River and a substantial number of historically and architecturally significant structures along Main Street and Milwaukee Street help define the image of the city and contribute to the urban fabric of the downtown.” The City is concerned about projects that would destroy the architectural integrity of the District’s historic buildings and the qualities that have given the downtown its special character and identity. The District’s historical buildings and neighborhoods can be safeguarded by the Janesville Historic Commission’s review of both exterior alterations to older buildings and proposed new constructions. Therefore, the City is requiring that alterations to existing historic structures and proposed new constructions be reviewed by the Janesville Historic Commission. Historic Commission reviews can help safeguard against unsympathetic projects that would destroy the quality and integrity of the District’s historic buildings and neighborhoods. Assuring that changes in an area’s physical appearance will be carefully monitored to preserve its unique historical character will also have a positive effect on property values. In addition, Commission reviews would remove many of the uncertainties about future building alterations or changes in land use that might adversely affect adjoining structures. II. WHAT THE PLAN IS ABOUT The City Council has the authority to designate and establish Historic Overlay Districts. When such a district is created, permit requests for new construction, alterations, additions, and demolitions for properties in the designated Overlay District are required to be submitted to the Historic Commission for review. The review process is established to assist property owners in making their desired changes in a manner which is sensitive to the existing building’s architecture and/or that of the surrounding neighborhood. 1 August 26, 2010 III. LOCATION AND DESCRIPTION OF THE DOWNTOWN HISTORIC OVERLAY DISTRICT The Downtown Historic Overlay District would include most of the original central business district, that is to say, the four National Register Historic Districts, individually listed buildings or building groups, and the area connecting these. The district is primarily commercial in character. The map shows the boundaries of the district. IV. LOCAL ARCHITECTURAL AND HISTORICAL SIGNIFICANCE OF THE DOWNTOWN HISTORIC OVERLAY DISTRICT. From the beginning, West Milwaukee Street on the west side of the Rock River, and East Milwaukee and North and South Main Streets on the east side, formed the main commercial and retail spine of the city. The buildings on the east side, near the county courthouse, tended to house banking and professional offices as well as merchants, while the west side provided a mixture of shops and services. Various industrial firms were located on both sides of the river but were concentrated near the raceway and dam. A. Significance Downtown Janesville is particularly significant for both its remaining handful of very distinctive buildings and its considerable number of still-intact streetscapes composed of smaller buildings. B. Historic Architectural Styles The earliest commercial structures on both sides of the river were typically one to three story frame buildings that were eventually replaced by those of brick. There are two primary building types representative of the period between 1845 and 1900. The first type is a narrow, party wall store that housed a retail business on the first level and apartments or offices above. Good examples of this building type are found on North and South Main Streets. The second type is a large business block, usually constructed on a prominent corner lot which provided for a number of businesses at the ground level and many offices or apartments above. The Lappin-Hayes Block at 2 South Main Street/20 East Milwaukee Street is the best remaining example of this type of structure. The large business blocks also provided public halls and meeting rooms that served performing groups, fraternal organizations, and a variety of other groups. Large, multi-story hotels were also once an important building type. 2 August 26, 2010 The commercial façade served to advertise the businesses within the building to the passerby. The typical commercial building was provided with a prominent display window. Awnings and a variety of signs also occupied this zone of display space. The architectural treatment of the upper stories was usually concentrated at the windows and roofline. The buildings reflect a number of architectural styles from the earliest Greek Revival to Art Deco and Moderne, as well as a number of Commercial Vernacular and Twentieth Century Commercial buildings. Examples of the various styles include the following: 1. . Greek Revival : 21 ½ North Main Street, 1855 12-16 South Main Street, 1851 The second story window treatment is notable for the characteristic use of simple stone sills and lintels. Locally manufactured cast iron columns are exposed at the entry. Italianate 2. : 33-39 South Main Street, 1868-1869. The heavy hoodmoldings over the regularly placed windows and the deep corbels at the cornice provide a rich surface of light and dark. 113-123 West Milwaukee Street, 1869 This group of blocks has the major elements of commercial Italianate design including cornices with brackets and arched windows. They mirror each other in design with unusual parapets with cornices, giving a distinctive appearance in the district. Second Empire 3. : 38 South Main Street, 1868. The building was designed to accommodate both the First Methodist Episcopal Church on the upper level and commercial tenants on the ground floor. The distinctive mansard roof, a hall mark of the French Second Empire style, is the only commercial example and one of the few examples in the city of this style. Queen Anne 4. : 52 South Main Street, 1895 121 East Milwaukee Street, 1893 The Queen Anne style buildings are known for their irregularity of plan and massing, a variety of surface textures, multiple rooflines, and projections, including oriel windows and turrets. Georgian Revival 5. : 15 North Jackson Street, 1928 3 August 26, 2010 Details on this structure include an entry pavilion, entrance porch with classical columns and a balustrade, multi-paned windows, and an overall appearance of formality and symmetry. Art Deco 6. : 5 South High Street, 1930 The Monterey Hotel has decorative terra cotta trim that is applied in a manner that gives a sense of height to the building. The terra cotta coping flows from the projecting pavilions. Peaked lintels over the top floor windows also suggest height. Commercial Vernacular 7. , Many examples, 1850-1920 These are simply designed commercial buildings primarily of the late nineteenth century. They typically have the large show windows associated with historic storefronts and unadorned doors with transoms. On upper floors there are usually unadorned window openings. Sometimes they have plain cornices made up of brick corbelling or wood or metal moldings. C. Definition of Contributing and Noncontributing The buildings in the district have been classified as being either contributing or noncontributing. Contributing structures fulfill general guidelines of the U.S. Department of the Interior: architectural/historic significance; representative of a type, method, or period of construction; and at least 50 years of age. The contributing classification includes simpler versions of major architectural styles as well as buildings which have lost some integrity, but which maintain the general form or some of the stylistic features of these styles and which contribute to the overall scale and rhythm of the district. Noncontributing structures are those which have no historic or architectural significance, and/or represent a significant loss of integrity through extensive remodeling. Other noncontributing structures are those which were constructed later than the period of significance and which do not fall within the exception criteria guidelines. The list of properties included within the Downtown Historic Overlay District boundaries also identifies those properties which are contributing, noncontributing, and vacant. V. PRESERVATION GUIDELINES The preservation guidelines which follow represent the principal concerns of the City of Janesville, which recognizes the value and importance of preservation in the downtown historic district. Subsequently, the Janesville Historic Commission has been empowered to make recommendations based upon particular design submissions. 4 August 26, 2010 These guidelines shall be applicable only to the Downtown Historic Overlay District. The Commission will use the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings as well as the City of Janesville’s Downtown Design Guidelines (DDG), revised edition (May, 2010), for references in determining whether a Certificate of Appropriateness should be issued. Nothing in these guidelines shall be construed to prevent ordinary maintenance or restoration and/or replacement of documented original elements. A. Guidelines for Rehabilitation These guidelines are not intended to restrict an owner’s use of his/her property, but to serve as a guide for making changes which will be sensitive to the architectural integrity of the structure and appropriate to the overall character of the district. The following guidelines will be used by the Historic Commission in issuing a Certificate of Appropriateness for alterations and additions in the Downtown Historic Overlay District. 1. General Guidelines a). Commercial buildings of historic form are generally composed of a storefront, possibly with an upper façade, consisting of one or more levels. When an upper façade exists, the building should be treated as a whole. When more than one business is located within a building, the building should be treated as a whole, with each storefront having separate signage and awnings, if desired. b.) Alterations to existing buildings should not remove or radically change façade features that are important in defining the overall historic character of the building. For those properties that are determined to not contribute architecturally to the district, alterations to the existing building will be reviewed for their merit and cohesion with the district character. Age of a property is not the sole factor in determining a building’s contribution to the district, and new construction within the district can also be important to the district’s history and fabric. c.) Alterations to existing commercial buildings or new construction in the downtown district should reflect a commercial rather than a residential character. Residential features, such as doors, windows, and lighting scaled to home use, are inappropriate in the district. Residential uses of upper levels of commercial property are encouraged; however, the architecture should remain commercial especially at the storefront level. d.) The introduction of features to a building that cannot be documented historically and which are not stylistically appropriate should not occur. e.) Repairs to features of an existing building should occur whenever possible. If replacement is necessary, materials should be in kind or of compatible substitute materials. If substitute materials are used for 5 August 26, 2010 replacement, the same visual appearance should be conveyed and the materials should be physically and chemically compatible with original materials. The painting or treatment of unpainted masonry is usually not appropriate. 2. Guidelines for Specific Features of Existing Buildings NOTE: This section is cross-referenced to specific pages or sections of the City of Janesville’s Downtown Design Guidelines (DDG), revised ed., May 2010. a. Bulkheads (): These are the bases on which the large DDG, p. 8 plate glass panels rest. Repair or replacement should be made in kind or with compatible substitute materials. Common materials originally used include wood, brick, and metal. b.Display Windows (): These are generally composed DDG, pp. 8-10 of large sheets of plate glass for purpose of display. These should not be reconfigured in order to alter the rhythm of the fenestration or to increase or decrease the window area. The use of colored or tinted glass is generally inappropriate. Highly mirrored glass, regardless of the tinting hue, is not appropriate in this district. If the framing material was wood, it should be retained. In some cases replacement with painted metal frames may be appropriate. Unpainted metal is not an appropriate finish for frames. c.Pilasters and Columns (): These features provide DDG, p. 6, p. 8 the support necessary for the weight of the upper façade. Repair and/or replacement should be made in kind or with compatible substitute materials. Common materials originally used include: decorative cast iron, brick, and wood. Removal of these features and the resulting alteration of the rhythm of the façade is not appropriate and may cause structural problems. These features are integral to the form of commercial buildings and should not be covered up as part of a remodeling or renovation. d.Entrance (): This feature was historically composed DDG, pp. 7-10 of either single or double doors and located on the same plane as the façade, recessed, or angled on corner properties. The alteration of the original entry configuration of a building is generally inappropriate. Recessed entries should be maintained. The addition of recessed entry is not appropriate without historical documentation of its original existence. Restoration of the historic configuration is recommended for those properties previously altered. Existing appropriate entryways should be maintained regardless of use or non-use by the business. Glazed, paneled, wooden doors are generally most appropriate. Metal doors of the same configuration can be painted to achieve a similar appearance. 6 August 26, 2010 Unpainted metal doors are not appropriate. Solid wood or metal doors are not appropriate for street facades. Entrances at alleys should use the same type of glazed panel doors as at the street if the entry is for public use. e.Transoms (): These are window panels often found DDG, pp. 8-10 over entryways and display windows. Historically they served to allow light and air into the building. Repair and/or replacement of a transom should be in kind or with a compatible substitute material. Common materials originally used include: clear glass, stained or colored glass, and textured glass. This feature was often stationary, but sometimes configured to tilt open, especially over entryways. The removal of this feature due to lowered ceilings is inappropriate. When installing lowered ceilings, this feature can remain intact with no alteration. If the visibility of mechanical equipment is a problem, the windows can be painted black or a dark gray from the inside of the window to achieve a look of darkness. Another option is to recess the lowered ceiling at least 1.5 feet from the transom area. f.Upper façade windows (): These features serve to DDG, p. 10 promote the rhythm of the building as well as offer light and air to the upper levels of the building. Upper floors were often used for housing and offices. The enclosing or bricking-in of this feature is inappropriate. If the space is not to be used, it is recommended that plywood, painted black, be mounted behind the windows from the inside. This will allow the space to appear dark and prevent storage areas from being visible. Small holes in the plywood may be needed for air circulation. Repair or replacement of this feature should be in kind or with appropriate substitute materials. The alteration of the number of windowpane divisions original to each window is not appropriate in most cases. Any decorative materials such as hood moldings should be retained. Introduction of these features without historical documentation is not appropriate. Windows should not be increased or decreased in size or shape. Preserve the window frame, sash, and surrounds. Repair rather than replace the original windows wherever possible. If repair is not feasible, replace with windows that match the existing windows as closely as possible. Size, shape. frame and trim material, method of operation, size of sash members, window frame elements, and the pattern of divided lights are important features to replicate. The window opening itself should be carefully preserved. It should not be made larger or smaller to accommodate a differently sized window. In some circumstances, metal-clad or vinyl-clad wood windows may be utilized provided they replicate the shape, detailing and form of the original windows as closely as possible. g.Cornices (): This feature serves as a visual cap to the DDG, p. 9 building and may include features such as built-in gutters. Repair and/or 7 August 26, 2010 replacement of this feature should be in kind or with compatible substitute materials. Common materials used include wood, terra cotta, and metal. The removal of this feature is not appropriate. If this feature is missing or lost, it can be replaced with simple stylized designs. Complex or unique designs are not appropriate without historical documentation of the original appearance. h.Roofs (): This feature is most often flat; though double DDG, p. 9 pitched roofs were sometimes used. Parapet walls were often found on the front or sides of historic commercial buildings. These should be repaired or replaced in kind. Masonry is the most common material for this feature. Removal of this feature is not appropriate. Mechanical equipment should be placed where the equipment cannot be seen from the right of way. i.Masonry (): This generally refers to brick or stone used DDG, p. 11 as the construction or facing material for a building. Generally, this involved individual pieces being placed together with mortar. Masonry can be kept clean with low-pressure washing as needed. Sand-blasting is never an alternative since it permanently damages the material and hastens deterioration. Mortar joints tend to deteriorate over time, generally at a faster rate than bricks. When repointing is needed, the same bricks should be used, if possible, or bricks matching the original. The mortar type used should also match the original mortar type and be of the same color, consistency, and spacing as the original. The joint finish should also be similar to the original. The use of new or non-blending bricks and unmatched mortar is not appropriate. The painting of unpainted masonry is not appropriate. The removal of paint from those structures originally unpainted is recommended only if the process can be successful without harming the material. The gentlest means possible should be used. Masonry walls should never be covered by another material such as wood or artificial siding. 3. Signage () DDG, pp. 12-14 All signs shall comply with the City of Janesville Sign Ordinance. Signs should be oriented toward pedestrian traffic and not vehicular traffic. Wall signs should be mounted above the storefront display windows and below the second-story window sills. They should not extend past the storefront opening. Window signs should not obscure the display area. Signs should be placed so that architectural details and ornamental features remain uncovered. Signs for multiple storefronts within the same building should align with each other. Sign materials should be consistent with or complement the original construction materials and architectural style of the building façade. Wood and metal are more appropriate than plastic. 8 August 26, 2010 Awnings and Canopies 4. () DDG, p. 14 The canvas awning was an important design element in the traditional storefront. An awning can be attached above the display windows and below the cornice or sign panel. Or it could be mounted between the transom and the display windows allowing light into the store while shading the merchandise and pedestrians from the sun. An awning should not cover the piers or the space between the second-story window sills and the storefront cornice. Fixed aluminum awnings and awnings simulating mansard roofs and umbrellas are generally not appropriate for older commercial buildings. Soft canvas or vinyl materials are appropriate, while wood or metal are generally not appropriate. “Long dome” or convex awnings are usually not appropriate. Awnings should be in proportion to the overall building façade and should match the width of the storefront or window opening. The awning should not extend into the second story façade. B. Guidelines for New Construction andAdditions 1. General (): DDG, pp. 3-6 and A.5, p. 7 Additions and new construction should be evaluated as they relate to their surroundings as well as for design. Infill construction should reflect some of the detailing of surrounding buildings in window shape, cornice lines, and brick work. The new building should not stand out from others. 2. Specific areas to consider include the following: a. Height: The height of infill new construction should reflect the height of adjacent buildings. The new building should not be too high or too low. b. Width : For an infill building, the façade width should fill the entire space and reflect the characteristic rhythm of façades along the street. If the site is large, the façade should be broken into a number of smaller bays. c. Relationship to Street : The setback of infill buildings should be similar to those around it, generally built to the lot line. An exception could be granted if the setback is pedestrian-oriented and contributes to the character of the streetscape. A parking area abutting the street should have the edge materially delineated (e.g. with brick wall, fencing, or landscaping). Building entrances should be located so that pedestrians can reach the front door from both the street and the parking areas. d. Roof Forms : Roof lines of new construction should be similar to those of adjacent buildings. A flat roof is generally preferred. 9 August 26, 2010 e. Proportion : Proportion refers to the relationship between height and width. New construction shall have massing and configuration similar to other buildings in the area. Factors which affect a building’s mass are total height, floor height, width, and roof lines. f. Proportion of Openings: The size and proportion of window and door openings of new construction should be similar to other buildings on the block. The ratio of window area to solid wall for new construction should be similar to other buildings in the block. g. Windows : On upper floors, the windows should be vertically oriented. Arched tops, columns framing the windows, and decorative lintels are encouraged. The openings should appear as “punched openings” within a solid wall, rather than as windows separated only by their frames. A solid wall must appear to be the main supporting element. h. Rhythm: Refers to the size, proportion, and spacing of window and door openings. These should be similar to other buildings on the block. The ratio of window area to solid wall for new construction shall be similar to other buildings on the block. : i. Materials Traditional materials including brick, stone, and stucco should be used as the primary building materials. : j. Colors The color of buildings should complement the adjacent buildings’ colors. 3.Utilities and Utility Areas () DDG, p. 12 Small utilities and utilitarian features should be situated so as to minimize their negative visual impact. Larger utility areas should be screened from view of pedestrians and street traffic. 4. Parking Lots (DDG, pp. 15-16) Parking lots should not be placed in front of a new building, but should be located behind or to the side of buildings. In general, surface parking lots should be contained within the interior of a block. There should be a clear separation between vehicular parking areas and pedestrian areas. Pedestrian scale landscaping, fencing, and/or walls should be provided to delineate the parking area from the pedestrian sidewalk. Generally, parking structures should have commercial, retail, or office uses on the ground floor. The primary façade of a parking structure should be designed to be compatible with neighboring buildings. 10August 26, 2010 5.Additions () DDG, p. 7 Additions to existing buildings should respect the existing relationship of buildings to the street, including setbacks. Additions should use materials sizes, details, and proportions that are compatible with the existing structure. If possible, the original building’s primary street façade should remain clearly delineated while the addition is set behind or to the side. C.Guidelines for Demolition () DDG, Sec. D, p. 16 Any demolition request shall be accompanied by additional documentation indicating the existing condition of the building and the proposed use of the site. Documentation should include proposed elevations and an explanation of why it is not feasible to use the existing building. 11August 26, 2010 Community Development Department Memorandum Date: June 13, 2011 TO: Janesville City Council FROM: Gale Price, Manager of Building & Development Services SUBJECT: Introduce, refer to Plan Commission and schedule a public hearing on a proposed ordinance establishing a Historic Overlay District on land located in the vicinity of Downtown Janesville (File Ordinance No. 2011-489). _____________________________________________________________________ The Community Development Department on behalf of the Janesville Historic Commission has drafted an ordinance that if adopted would establish a Historic Overlay District for a majority of the Downtown Janesville area. The proposed district would be called the “Downtown Historic Overlay District”. Establishment of an Overlay District requires adoption of the Overlay District Plan and the associated ordinance for that plan (also on this agenda) in addition to the attached ordinance. The proposed Downtown Historic Overlay District would require that all building projects that have an effect on the exterior of a building would require review and approval by the Janesville Historic Commission. The Community Development Department recommends that following the first reading of Ordinance No. 2011-489, it be referred to the Plan Commission for review and recommendation and then scheduled for public hearing on August 8, 2011. cc: Eric Levitt Jay Winzenz ORDINANCE NO. 2011-489 An ordinance establishing an Historic Overlay District on land located within the vicinity of Downtown Janesville. WHEREAS, the zoning ordinance of the Code of General Ordinances allows the City Council to consider creation of historic overlay districts; and WHEREAS, the Historic Commission and the Plan Commission have recommended that an historic overlay district be created within the vicinity of Downtown Janesville which would recognize this area’s significant historical and architectural characteristics. NOW THEREFORE BE IT RESOLVED THAT THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: The Downtown Historic Overlay District shall be established in an area as shown on the attached Map 1. This ordinance shall take effect immediately upon adoption by the Common Council, the public health, welfare, peace, tranquility, good order, public benefit, and police power so requiring. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Dongarra-Adams Eric J. Levitt, City Manager Liebert McDonald ATTEST: Rashkin Steeber Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Historic Commission/Downtown Development Alliance Prepared by: Community Development Department