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Full Agenda Packet CITY OF JANESVILLE CITY COUNCIL MEETING AGENDA MONDAY, January 23, 2012 7:00 P.M. 1. Call to Order and Pledge of Allegiance. 2. Roll Call. 3. City Council meeting minutes of: A. Closed session of April 12, 2010. B. Closed session of February 28, 2011. C. Closed session of March 14, 2011. D. Closed session of June 13, 2011. E. Closed session of July 11, 2011. F. Closed session of August 8, 2011. G. Closed session of November 14, 2011. H. Regular meeting of January 9, 2012. “C” 4. Licenses; and Recommendations of the Alcohol License Advisory Committee. (Refer to separate agenda.) “C” 5. Action on a financial gain request by Habitat for Humanity for a run/walk to be held on May 19, 2012. “C” 6. Authorization for the Administration to approve a liability claim from Randy DeGarmo in the amount of $12,000.00. “C” OLD BUSINESS 1.Requests and comments from the public regarding items on the Agenda not requiring a public hearing. 2.Second reading, public hearing and action on a proposed ordinance amending the zoning conditions of approval for property located on the southwest corner of Jerome Avenue and Delavan Drive. (Revised File Ord. No. 2011-504) ----------------------- “C” – This designation indicates an item that the City Council will take up under a Consent Agenda. City Council Agenda – January 23, 2012 Page 2 NEW BUSINESS 1.Introduce and schedule a public hearing on a proposed ordinance amending City of Janesville alcohol regulations to allow Class A liquor and beer sales starting at 6:00 o’clock a.m. (File Ord. No. 2012-508) 2. Requests and comments from the public on matters which can be affected by Council action. 3. Matters not on the Agenda. 4. 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 negotiation and bargaining strategies, terms, and conditions for a potential TIF manufacturing development agreement concerning Pres-On Corp., Addison, IL ,71 potential new jobs, since competitive and/or bargaining reasons require a closed session. The use of audible cell phone ringers and active use and response to cellular phone technology by the governing body, staff and members of the public is discouraged in the Council Chambers while the Council is in session. PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING JANUARY 9, 2012 VOL. 62 NO. 29 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on January 9, 2012. The meeting was called to order by Council President Steeber at 7:00 PM. Council President Steeber led the Council in the Pledge of Allegiance. Present: Councilmembers Liebert, McDonald, Rashkin, Steeber and Voskuil. Absent: Councilmember Dongarra-Adams. CONSENT AGENDA City Council meeting minutes of A. Regular meeting of December 12, 2011. B. Special meeting of December 22, 2011. Licenses; and Recommendations of the Alcohol License Advisory Committee. (Refer to separate agenda.) Financial statement for the month of November, 2011. Authorization for the Administration to deny a liability claim from Yeske Construction Company in the amount of $5,081.92. Authorization for the Administration to accept a liability claim brought on behalf of Colin T. Cabelka in the amount of $25,000. Council President Steeber stated that all items on the consent agenda would be approved if there were no objections. There were none. Special recognition: Action on a proposed resolution in commendation of Douglas L. Miland’s thirty-two years of service to the City of Janesville. Councilmember Voskuil moved to adopt said resolution, seconded by Councilmember McDonald and passed unanimously. (File Res. No. 2012-870) Special recognition: Action on a proposed resolution in commendation of Daniel L. Lynch’s twenty-eight years service to the City of Janesville. Councilmember Liebert moved to adopt said resolution, seconded by Councilmember Rashkin and passed unanimously. (File Res. No. 2012-871) Special recognition: Action on a proposed resolution in commendation of Craig A. Jones’ thirty-one years of service to the City of Janesville. Councilmember McDonald moved to adopt said resolution, seconded by Councilmember Voskuil and passed unanimously. (File Res. No. 2012-872) Special recognition: Action on a proposed resolution in commendation of James F. Karow’s twenty-five years of service to the City of Janesville. Councilmember Rashkin moved to adopt said resolution, seconded by Councilmember Liebert and passed unanimously. (File Res. No. 2012-873) Special recognition: Action on a proposed resolution in commendation of Robert M. Geschke’s thirty-two years of service to the City of Janesville. Councilmember McDonald moved to adopt said resolution, seconded by Councilmember Voskuil and passed unanimously. (File Res. No. 2012-874) OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. Al Lembrich, 541 Miller Ave., spoke against the conversion to automated collection of trash and recyclables (NB #4.) 2. A proposed ordinance amending the City of Janesville zoning ordinance to add an exemption to the nonconforming use section for single and two-family historic residential structures received its second reading and public hearing. No one spoke. The public hearing was closed. Councilmember Voskuil moved to adopt said ordinance, seconded by Councilmember Liebert and passed unanimously. (File Ord. No. 2011-502) 3. A proposed ordinance amending the City’s solid waste ordinance to increase sanitary landfill fees received its second reading and public hearing. Billy McCoy, 1326 Putnam Ave., spoke against the increase in fees. The public hearing was closed. Councilmember Liebert moved to adopt said ordinance, seconded by Councilmember Rashkin and passed unanimously. (File Ord. No. 2011-505) NEW BUSINESS 1. Action on a proposed resolution authorizing the City Manager to enter into a TIF development agreement with Helgesen Development to facilitate the relocation of Miniature Precision Components into TIF District #22. Councilmember McDonald moved to adopt said resolution with a $225,000 loan based on a building lease of 225,000 square feet, seconded by Councilmember Liebert and passed unanimously. (File Res. No. 2012- 879) 2. Presentation on new City website. Rebecca Smith, City Manager’s Office, presented an overview of the City of Janesville’s new website. No Council action was taken. 3. Action on a proposed resolution authorizing the filing of an application, in cooperation with the County of Rock, for a U.S. Department of Housing and Urban Development 2012 Lead-Based Paint Hazard Control Grant. Councilmember Voskuil moved to adopt said resolution, seconded by Councilmember Rashkin and passed unanimously. (File Res. No. 2012-877) 4. Action on a proposed resolution authorizing expenditures for the conversion to automated collection of trash and recyclables. Councilmember McDonald moved to adopt said resolution, seconded by Councilmember Voskuil and passed unanimously. (File Res. No. 2012-878) 5. Action on a potential spring primary for City Council on February 21, 2012. Councilmember McDonald moved to not hold a primary for City Council, seconded by Councilmember Liebert and passed unanimiously. 6. A proposed resolution amending the Boundary and Project Plan of TIF District No. 35 was introduced and referred to the Plan Commission. (File Res. No. 2012-875) 7. A proposed ordinance annexing property located at 4021 U.S. Highway 51 South was introduced and scheduled for a public hearing on February 13, 2012. (File Ord. No. 2012- 506) 8. A proposed ordinance zoning property located at 4021 U.S. Highway 51 South to M1 upon annexation was introduced and scheduled for a public hearing on February 13, 2012. (File Ord. No. 2012-507) 9. Requests and comments from the public on matters which can be affected by Council action. No one spoke. 10. Matters not on the Agenda. Councilmember Voskuil requested that any paperwork the Council receives regarding annexations and TIF’s be reused when the annexation or TIF returns to the Council for action. 11. Motion to adjourn. Council President Steeber moved to adjourn, seconded by Councilmember McDonald and passed unanimously. There being no further business, the Council adjourned at 8:35 pm. These minutes are not official until approved by the City Council. David T. Godek Deputy Clerk-Treasurer JANESVILLE CITY COUNCIL LICENSE AGENDA 1/23/2012 RECOMMENDED A. ELECTRICIANS–ORIGINAL Fred W. Brown PO BOX 2214, Madison, WI John R. Unger N5875 County Road M, Plymouth, WI Robert Zimmermann 492 Windwood Circle, Edgerton, WI LEISURE SERVICES DEPARTMENT MEMORANDUM January 12, 2012 TO: City Council FROM: Shelley Slapak, Acting Recreation Director SUBJECT: Action on a Financial Gain Request from Habitat for Humanity (Rock & Jefferson Counties, Inc.) Introduction Habitat for Humanity of Rock & Jefferson Counties, Inc., a non-profit organization has submitted an application requesting approval of a run/walk to benefit their cause. The event is to be conducted on a route beginning and ending at the Home Depot parking lot. The planned route will utilize City streets and the bike trail. The event is scheduled to take place on Saturday, May 19, 2012, and is titled “Habitat for Humanity Run/Walk”. 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, and other supporting documents. Background Habitat for Humanity of Rock & Jefferson Counties, Inc. has provided the Leisure Services Department with a completed application, a map of the run/walk route, certificate of liability insurance, and recycling plan. Event fees will be paid upon approval of this event. Staff Recommendation Leisure Services has reviewed this application, and staff recommends that the City Council approve the request from Habitat for Humanity of Rock & Jefferson Counties, Inc. to conduct a run/walk fundraiser for their organization. City Manager recommendation The City Manager concurs with Leisure Services recommendation. Suggested Motion I move to approve the financial gain request from Habitat for Humanity of Rock & Jefferson Counties, Inc. to conduct the “Habitat for Humanity” 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 CITY ATTORNEY’S OFFICE MEMORANDUM January 16, 2012 TO: City Council FROM: Tim Wellnitz, Assistant City Attorney SUBJECT: Authorization for the Administration to Approve a Liability Claim from Randy DeGarmo in the Amount of $12,000.00. On December 13, 2009, Randy DeGarmo was a passenger in a vehicle that was involved in a motor vehicle accident with a City of Janesville snow plow causing personal injuries to Mr. DeGarmo. On January 13, 2012, a claim was received from Nowlan & Mouat, LLP for the personal injuries received by Randy DeGarmo. I have negotiated settlement of this claim contingent on Common Council approval in the amount of $12,000.00. After investigating this incident, and with the concurrence of the City’s Insurance Claims Representative at Cities & Villages Mutual Insurance Company (CVMIC), it has been determined that the City should approve this claim. Resolution 89-1175, establishing our claims administration procedure, states in section 4.3a: The City Claims Administrator shall review, investigate, verify and within ninety (90) days of receiving such claim, prepare and forward a written recommendation to the Common Council for its review, consideration, and action each and every claim in face amount greater than Five Thousand Dollars ($5,000). I recommend that the City Council approve by consent and authorize the Administration to approve the claim received from Randy DeGarmo in the amount of $12,000.00. cc: Eric Levitt, City Manager Jacob J. Winzenz, Director of Administrative Services/Assistant City Manager Community Development Department Memorandum Date: January 23, 2012 TO: Janesville City Council FROM: Brad Schmidt, AICP, Associate Planner Second reading, public hearing and action on a proposed ordinance SUBJECT: amending the zoning conditions of approval for property located on the southwest corner of Jerome Avenue and Delavan Drive (Revised File Ord No. 2011-504) _____________________________________________________________________ SUMMARY Nick Cray, representing ANGI Energy Systems, Inc., has submitted a request to amend the existing zoning conditions for property located on the southwest corner of Jerome Avenue and Delavan Drive (former Gilman Engineering Corp.). In the late 1980’s and 1990’s, Gilman acquired a number of residential properties adjoining their manufacturing facility along Jerome Avenue to allow for building expansions. These parcels were rezoned from R2, Limited General Residence District to M2, General Industrial District as part of that process. During both rezoning requests, conditions of approval were included in the ordinances adopted by City Council. The applicant is requesting that one of the zoning conditions be amended to permit truck delivery traffic on Jerome Avenue to the existing shipping/receiving dock located on the southeast side of the building at 305 W. Delavan Drive. Currently, truck access onto Jerome Avenue is restricted to maneuvering for shipping purposes only; not shipping and receiving. Although the subject property is not being rezoned, the same process as typically occurs with a rezoning must be followed to amend, add or delete any zoning conditions of approval previously applied to this property. DEPARTMENT RECOMMENDATION The Plan Commission and Community Development Department recommend that following a public hearing, the City Council support a motion to approve revised Ordinance No. 2011-504. The Ordinance has been revised to include the following conditions: 1. That trucks are prohibited from backing onto the subject site from Jerome Avenue when making deliveries or shipments, and requiring the City Engineering to review and approve the design for driveway openings onto Jerome Avenue so as to limit any potential vehicular conflicts. 2. That there will be no truck parking or idling on Jerome Avenue. 3. That the hours of operation be limited to 7:00 a.m. through 5:00 p.m. CITY MANAGER’S RECOMMENDATION The City Manager defers to the Plan Commission recommendation. SUGGESTED MOTION amending the zoning conditions of A motion to adopt Revised Ordinance No. 2011-504 approval for property located the southwest corner of Jerome Avenue and Delavan Drive. ANALYSIS A. The subject property consists of a 9-acre parcel of land situated at the southwest corner of W. Delavan Drive and Jerome Avenue. The site includes a building approximately 200,000 square feet in size. Multi-story office space exists on the north side of the building and the remaining portions of the building include manufacturing space. B. The subject parcel is zoned M2, General Industrial District. Property east and south of the subject site on Jerome Avenue is zoned R2, Limited General Residence District. Low density residential properties are located directly east of the subject site on Jerome Avenue. Property west, north and south of the site is zoned M2. C. In 1987, 1988 and again in 1999, Gilman Engineering, the former owner of the building and land, submitted requests to rezone residentially developed property east of their facility to expand their building and manufacturing operations. In each of those requests, the City Council approved the rezoning, but placed several restrictions on the rezoning area which related to truck access, landscaping and architectural review of proposed building additions. With this request, the petitioner has requested to modify one of those restrictions related to truck traffic on Jerome Avenue. D. Per the zoning conditions of approval placed on the rezoning requests in 1988 and 1999, truck access is limited on Jerome Avenue. Specifically, Jerome Avenue may only be used for the maneuvering of trucks for shipping purposes. Receiving truck access is prohibited. In addition, trucks may only enter Jerome Avenue from Delavan Drive and travel in a southerly direction to the shipping bays on the southeast side of the building. Trucks leaving the facility must travel in a northerly direction on Jerome Avenue and exit off of Delavan Drive. Truck access is prohibited from travelling south of the railroad tracks on Jerome Avenue to State Street. The petitioner has requested modifying this restriction to allow for truck access receiving on Jerome Avenue. E. There are currently 9 properties on Jerome Avenue directly across from the subject site that would be impacted by an increase in truck traffic. Of those properties, 6 are single- Exhibit1 family residences ( ). With this request, truck traffic will still be prohibited from travelling south of the railroad tracks on Jerome Avenue to State Street. Exhibit2 F. The petitioner has submitted a site plan ( ) which includes the proposed receiving truck traffic routes. Receiving trucks would enter the receiving bays at the southeast corner of the building off of Jerome Avenue. Trucks would be required to pull onto the property and complete a u-turn or y-turn movement before backing into the receiving bays. Turning templates provided on the site plan show that large semi-trucks can make these turning maneuvers on-site as opposed to backing onto the site from Jerome Avenue. In addition, the petitioner demonstrated this maneuver with a 75-foot truck during a mid-December exercise on the site. The truck used in this demonstration is longer than most types of trucks the petitioner says would make deliveries to this facility. The truck was able to complete a turnaround in the area east of the receiving bays on the subject site. The petitioner has proposed additional paving to ensure receiving trucks can more easily make this turning maneuver on-site. As a result, Staff and the petitioner do not believe trucks will need to back up onto the property from Jerome Avenue and have recommended a condition which would prohibit such maneuvers. G. The submitted site plan also includes a reconfigured southeast curb opening (driveway). The purpose of reconfiguring this driveway is to make it easier for semi-trucks to enter and exit the site by widening the driveway apron further north and increasing the angle (See detail on Site Plan). Additionally, Staff suggested designing the driveway to prohibit semi-trucks from backing onto the site off of Jerome Avenue, and the angle of the southern portion of the driveway apron has been decreased. In order to implement these changes to the site and accommodate the petitioner’s request, staff recommends language in the proposed Ordinance be revised to require the City Engineer to review and approve the design of driveway openings to prohibit vehicles from backing onto the subject site from Jerome Avenue or exiting the site and traveling south on Jerome Avenue. H. The petitioner estimates that deliveries would be made between 6 to 7 times per day. These deliveries will be made by either UPS/Fed Ex style trucks or semitrailer trucks with trailers which are approximately 40 feet in length. They have also indicated that deliveries would be made during the hours of 7:00 AM and 5:00 PM, Monday thru Friday. The petitioner has also indicated that they estimate between 1 and 2 loads for shipping per day. th I. A neighborhood informational meeting was held on December 14. Approximately 20 people attended the meeting. Some of the neighbors raised concerns about the increase in truck traffic on Jerome Avenue. Specifically, a few of the neighbors were concerned about damage to property caused by trucks backing onto the site from Jerome Avenue. J. Staff believes this request to amend the conditions of zoning approval to allow receiving truck access on Jerome Avenue will have an impact on the residential properties directly across from the site. Although this is an industrial site that has co-existed with the neighborhood and operated in this location for a long time, the impact of additional truck traffic can be reduced by incorporating the recommended restrictions prohibiting trucks from backing up onto the facility from Jerome Avenue. After several discussions with representatives from the neighborhood about the proposed use of Jerome Avenue, and working diligently with the applicant and their architect to address those concerns, we believe the design requirements and restrictions included in the staff recommendation provide a workable solution for both residents and this industrial property. K. On January 3, 2012, the Plan Commission approved a motion to forward this request to the City Council with a positive recommendation. However, various questions were asked regarding the impact of truck traffic on Jerome Avenue which required further follow-up. Commission members asked about the vehicle weight limit for trucks using Jerome Avenue. Per the COJ General Code, Jerome Avenue is exempt from non-truck route vehicle weight limitations since trucks currently utilize the shortest point of access from Delavan Avenue (truck route) to the subject site’s shipping/receiving docks. Neighborhood residents were also concerned about the condition of the Jerome Avenue street surface and its ability to handle additional truck traffic. Jerome Avenue was last resurfaced in 1996. In 2011, this segment received an “average” surface condition rating, which is suitable for semi-truck traffic. If Jerome Avenue were to be resurfaced or repaired, the funding for such an activity would typically come from the General Fund as part of the City’s street maintenance and rehabilitation program. Property owners along Jerome Avenue would not be assessed for repair or resurfacing costs. Commission members were concerned about semi-trucks parking or idling on Jerome Avenue. Currently, a “no Parking” zone exists on the west side of Jerome Avenue up to 350 feet north of the railroad tracks and therefore, no vehicles, including semi-trucks are allowed to park in this area. Since parking is currently allowed on the east side and partially the west side of Jerome Avenue south of Delavan Drive, the Plan Commission has included a restriction in the rezoning ordinance amendment to prohibit all truck parking and idling on Jerome Avenue adjoining this property. Finally, to further reduce the impact of semi-truck traffic on the surrounding residential neighborhood on Jerome Avenue, the Plan Commission included a condition to limit truck traffic to or from this site from 7:00 AM to 5:00 PM. Staff suggests modifying this condition to allow some greater flexibility by changing the time restrictions to 7:00 AM to 7:00 PM. PLAN COMMISSION ACTION – 3 JANUARY 2012 Brad Schmidt, Associate Planner, presented the written staff report. Commissioner Consigny asked why truck traffic was not allowed to go south on Jerome Avenue to State Street and Schmidt stated that during the initial rezoning, the City Council approved that restriction and that a city ordinance does not show Jerome on the list of assigned truck routes. Cherek added that the main purpose for prohibiting truck traffic from traveling in a southerly direction on Jerome is to discourage large tractor trailer movements through residential areas. He stated that the subject property adjoins residential development along Jerome so it’s important for traffic safety and functional purposes to direct truck traffic to use the closest designated truck route available to the site. Cherek also noted that the site adjoins a truck route on Delavan Drive. The public hearing was opened and the following persons appeared to speak:  Billie McCoy, 1326 Putnam, stated that residents on Jerome just off of Delavan have been pumping water onto those streets because the springs in the area have flooded their basements. He had concerns about the damage that heavy trucks may cause to the streets, and the weight limit allowed on the residential streets, and stated that he didn’t want to see trucks coming in on State Street and turning left on Jerome into a residential area with several houses and kids. He added that he supports promoting more jobs in the City of Janesville but also wants to be sure that the neighborhood and the streets are protected.  Robert Sage Jr., 1051 Jerome Ave, stated that he lives directly across from the subject site. He described the history of uses on the property and brought up concerns regarding the swampland nature of the area, the stacking of trucks that may occur, and the potential of trucks trying to enter and exit at the same time on Jerome and trying to get around cars that are parking in the street. He stated that he objects to the project as is because he believes it could be designed better and he suggested looking into the possibility of using the nearby space containing abandoned railroad tracks as to keep truck traffic off Jerome Avenue completely. Commissioner Marklein asked if it would cause a hardship or be a benefit to the Jerome Avenue residents if the 90-minute parking limit were to be removed on the west side of that street. Mr. Sage stated it wouldn’t make a difference either way to him but it may to some of the other residents.  Ray Hume, 1039 Jerome, stated that the proposed location for a new driveway on the subject site is straight across from his driveway. He stated that he was in support of a new company moving into the building but has concerns regarding truck noise, diesel fumes and truck traffic on a street where there are generally cars parked on both sides of the street. Commissioner Siker asked what the procedure would be to eliminate the 90-minute parking limit on Jerome. Cherek stated that an interested party would need to contact the City Engineering Department and request a parking change.  James Salzman, 1045 Jerome, spoke in opposition because he has small children and is concerned about their safety with truck traffic on Jerome. He questioned why the abandoned railroad track area, which is blighted with overgrown weeds, couldn’t be an access point to the back of the building.  Everett Graul, 1021 Jerome Ave, spoke in opposition and suggested removing the nearby old railroad tracks to use that area as an access point and keep trucks off Jerome completely.  Robert Sage Sr., 2111 Moreland, bought a house on Jerome in the 1970’s when Gilman’s approached the neighborhood. He recalled a time when trucks had to use the area between the building and the railroad tracks as an entrance so he felt it was possible for them to do so. He noted the flooding that occurs in the area and had concerns about the weight of the trucks on Jerome. He also brought up other concerns regarding the width of the driveway approach and trucks being able to stay within the confines of it. He added that one of the reasons for the 90-minute parking limit on Jerome was because GM employees would park there and walk down the tracks rather than parking in the GM lot.  John Grimmer, CEO of Angi Energy Systems, and Tim Carson, Angus Young, stated they were available for questions. Mr. Carson addressed concerns regarding truck maneuvering into the site. He indicated that the current entrance drive is 30 feet wide with a 40-foot radius on curve and because a truck making that maneuver does drive onto the grass, the proposal includes widening the access drive 20 to 25 feet to the north with the addition of more paving so trucks can exit without running the risk of sideswiping cars parked on the street. Mr. Grimmer added that one large shipment a week, which may include 1-2 trucks per load, would leave the facility and that UPS would make a drop-off every morning and be back later in the day for pick-ups. He stated that Angi would like to be a good neighbor as they currently are at their operation in Milton which has residential neighbors on two sides. He added that truck idling at that facility has not been a problem but restrictions would be appropriate. He stated that trucks will be able to park on site so they wouldn’t be on the street. He said that he’d like to offer some sort of video surveillance of trucks making turns and moving down Jerome so they could address any infractions or problems with traffic on the street. Commissioner Consigny asked if Mr. Grimmer would be agreeable to limiting shipping and/or deliveries to certain hours of the day. Mr. Grimmer stated that they currently only ship during daylight hours and only receive shipments during first shift operations which run normally until 5:00 p.m.  Jennifer Salzman, 1045 Jerome Ave, had concerns about the safety of her children due to truck traffic created.  Ray Hume, 1039 Jerome, asked if Angi had looked into options of using the railroad property. Mr. Grimmer stated that the railroad tracks are located off the property on land owned by the railroad company. He indicated that he had not spoken with the railroad regarding such an option.  Tom Lasse, Lessor in Milton for Angi, stated that the Milton facility is in a residential area but that he’s not aware of any complaints from the residents in the area. He stated that Angi works hard to be a good neighbor and takes good care of the property. He believes that some of the restrictions that have been put on this proposal are excessive for an industrial area and to put any more restrictions on the building would make it even less accessible in the future. Consigny questioned who owned the building. Mr. Lasse indicated that he along with Terry McGuire were the landlords and Angi would be the tenant.  Robert Sage Jr., 1051 Jerome Avenue, asked if the trucking business would be occur between 7:00 a.m. and 5:00 p.m. and if this could be a restriction within the ordinance. He also questioned who would be responsible for repairing the road when it becomes damaged from truck traffic. He asked if the City had an ordinance restricting truck idling on City residential streets. He added that he would like to see the building occupied but does not want truck traffic allowed on Jerome Avenue. Commissioner Siker asked how much employment the business would bring. Mr. Lasse indicated that the 105 employees currently working at the Milton facility would be transferred to the Janesville facility and that Angi has made commitments to bring employment up to 125 in the next three years. Commissioner Consigny stated that the proposal will have an impact on the people in the neighborhood and that their concerns needed to be dealt with. Mr. Lasse said that Angi will be a good neighbor. The public hearing was closed. Commissioner Consigny asked how the City would pay for repairs to the street when needed. Cherek indicated that local or residential streets are typically repaired according to an established street maintenance program. He stated that streets are inspected every two years and provided with a condition rating. Ratings are used to determine which streets are repaired and the general fund provides the funding for this type of repair. He added that the last time Jerome Avenue was reconditioned was in 1996. Commissioner Marklein suggested various signage be considered to address truck traffic and parking along Jerome. He stated that the neighborhood has done a great job of getting the company’s attention and that Angi promises to be a good neighbor that would welcome phone calls regarding concerns. He also suggested that if residents on Jerome wish to eliminate the 90-minute parking limit that they go ahead and request that change. He also recommended that Angi speak with the railroad because even if they weren’t able to get an answer for some time, it may be a benefit to them in the future. Commissioner Consigny stated that he felt any approval of this request should contain restrictions on hours of delivery and shipping and a prohibition against truck idling on Jerome Avenue. Commissioner Siker indicated that he wished to make a motion with those two conditions. Vice-Chairperson Madere reiterated the concerns that were brought up regarding hours of operation, parking restrictions, signage comments, and number of deliveries. He stated that he didn’t feel the Commission would be able to put a finite number on delivery restrictions as it would only be through the good intentions of the owner that this would be adhered to. There was a motion by Commissioner Siker with a second by Commissioner Consigny to forward the requested amendment to the zoning conditions of approval for property, located at the southwest corner of Jerome Avenue and Delavan Drive, to the City Council with a favorable recommendation subject to the following conditions: 1. That a restriction is added to the Ordinance to prohibit trucks from backing onto the subject site from Jerome Avenue when making deliveries or shipments, and require the City Engineering to review and approve the design for driveway openings so as to limit any potential vehicular conflicts. 2. That there will be no truck parking or idling on Jerome Avenue. 3. That the hours of operation be limited to 7:00 a.m. through 5:00 p.m. The motion carried on a 4-0-0 vote. FISCAL IMPACT It is not expected that these zoning conditions of approval will have a negative fiscal impact on the City. This property has been underutilized for a number of years and a potential tenant has expressed interest in relocating their manufacturing operations to this facility. It is not typical that similar industrial uses which are located near residential properties have had similar zoning restrictions placed upon their use. Continued underutilization of this property does not contribute in a positive manner to increased employment opportunities or real estate tax revenue. cc: Eric Levitt Jay Winzenz REVISED ORDINANCE NO. 2011-504 An ordinance amending the zoning conditions of approval for property located at the southwest corner of Jerome Avenue and Delavan Drive with a penalty and injunctive relief for a violation thereof as set forth in Section 18.28.010 of the Code of General Ordinances of the City of Janesville. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. The conditions set forth in Revised Ordinance 88-584, Section III.C. adopted 25 July 1988, which read as follows: “That Jerome Avenue may be used for truck maneuvering (using the street to back up in or onto) to the shipping area. That Jerome Avenue not be used for receiving truck access to the plant after July 31, 1990, but that truck access on Jerome Avenue for the purpose of shipping will be permitted provided that such truck traffic shall only be allowed to travel in a southerly direction on Jerome Avenue from Delavan Drive to the truck access point and in a northerly direction from the truck access point to Delavan Drive.” are hereby amended to read as follows: “Jerome Avenue may be used for providing truck access to the plant for shipping and receiving purposes between the hours of 7:00 AM and 5:00 PM. Truck access on Jerome Avenue for the purpose of shipping/receiving will be permitted provided that such truck traffic shall only be allowed to travel in a southerly direction on Jerome Avenue from Delavan Drive to the truck access point and in a northerly direction from the truck access point to Delavan Drive. Driveway openings along Jerome Avenue shall conform to the design specifications approved by the Site Plan Review Coordinator and the City Engineer, and shall prohibit the use of Jerome Avenue for truck maneuvering that involves using the street to back up in or onto shipping/receiving areas. Additionally, trucks are prohibited from parking or idling on Jerome Avenue.” SECTION II. The conditions set forth in Ordinance 99-1240, Section II.C. adopted 26 April 1999, which read as follows: “Jerome Avenue may be used for truck maneuvering (using the street to back up in or onto) to the shipping area. Jerome Avenue shall not be used for receiving truck access to the plant. Truck access on Jerome Avenue for the purpose of shipping will be permitted provided that such truck traffic shall only be allowed to travel in a southerly direction on Jerome Avenue from Delavan Drive to the truck access point and in a northerly direction from the truck access point to Delavan Drive.” are hereby amended to read as follows: “Jerome Avenue may be used for providing truck access to the plant for shipping and receiving purposes between the hours of 7:00 AM and 5:00 PM. Truck access on Jerome Avenue for the purpose of shipping/receiving will be permitted provided that such truck traffic shall only be allowed to travel in a southerly direction on Jerome Avenue from Delavan Drive to the truck access point and in a northerly direction from the truck access point to Delavan Drive. Driveway openings along Jerome Avenue shall conform to the design specifications approved by the Site Plan Review Coordinator and the City Engineer, and shall prohibit the use of Jerome Avenue for truck maneuvering that involves using the street to back up in or onto shipping/receiving areas. Additionally, trucks are prohibited from parking or idling on Jerome Avenue.” 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 Dongarra-Adams Eric J. Levitt, City Manager Liebert McDonald ATTEST: Rashkin Steeber Jean Ann Wulf, City Clerk-Treasurer Voskuil APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Applicant Prepared by: Community Development Department CITY ATTORNEY’S OFFICE MEMORANDUM January 3, 2012 TO: Common Council FROM: Wald Klimczyk, City Attorney SUBJECT: Introduction and Schedule a Public Hearing on a Proposed Ordinance Amending City of Janesville Alcohol Regulations to Allow Class A liquor and Beer Sales Starting at 6:00 o’clock a.m. (File Ord. 2012-508) BACKGROUND Governor Scott Walker recently signed into state law 2011 Wisconsin Act 97 adopted by the Wisconsin Legislature. That new law allows the sale of beer (fermented malt beverages) and alcohol (intoxicating liquor) by liquor stores (Class A alcohol licensed establishments) after 6:00 o’clock a.m. each day, two (2) hours earlier than the 8:00 o’clock a.m. later opening time previously mandated. 2011 Act 97 applies only to Class A off-premises consumption sales – meaning “liquor stores” that sell beer and liquor for consumption off of the premises. It does not apply to bars or taverns licensed Class B for on-premises consumption. City of Janesville ordinances (5.06.240) currently only allow the sale of fermented malt beverages after 8:00 o’clock a.m., but are silent regarding the sale of intoxicating liquor. Therefore, with the change in State law, intoxicating liquor may be sold after 6:00 o’clock a.m. whereas, fermented malt beverages may not be sold until 8:00 o’clock a.m. REQUEST Dawn Wenner, Liquor Sales Manager at Logli’s, 1501 Creston Park Drive, emailed the City on December 15, 2011 (see below), requesting that the Common Council amend its alcohol ordinances accordingly. RECOMMENDATION Staff believes that the hours of sale for intoxicating liquor and fermented malt beverages should be consistent. The Alcohol License Advisory Committee (ALAC) reviewed this request at their meeting on January 3 and recommended that the sale of fermented malt beverages be allowed after 6:00 o’clock a.m. CITY MANAGER’S RECOMMENDATION : It is my understanding that the change of fermented malt beverages to 6:00 a.m. is to make it consistent with the change in State law permitting the sale of intoxicating liquor at 6:00 a.m. This would make the time of the sale of both items consistent. The City Council may also consider a new ordinance to restrict the sale of intoxicating liquor until 8:00 a.m. This action would require bringing forward an ordinance change at a future meeting. Also, this action requires 4 votes. SUGGESTED ACTION Introduce Ordinance 2012-508 and schedule for a public hearing on February 13, 2012. ANALYSIS BEER SALES Under the new state law, Wis. Stats. § 125.32(3)(b), a Class A alcohol licensed retail establishment store may sell BEER (fermented malt beverages) from 6:00 o’clock a.m. to midnight daily unless a city establishes more restrictive hours by ordinance. Janesville does so under JGO 5.06.240 A. & B. – No BEER sales are permitted from 9:00 o’clock p.m. until 8:00 o’clock a.m. daily. State Law “125.32(3)(b) Class "A" premises may remain open for the conduct of their regular business but may not sell fermented malt beverages between 12 midnight and 8 a.m. Subsection (2) does not apply to Class "A" premises between 12 midnight and 8 a.m. or at any other time during which the sale of fermented malt beverages is prohibited by a municipal ordinance adopted under par. (d).” “125.32(3)(d) A municipality may, by ordinance, impose more restrictive hours than those provided in par. (am) or (b), but may not impose different hours than those provided in par. (a) or (c).” BEER Janesville Class A Sales HOURS Ordinance 5.06.240 Sale of Fermented Malt Beverages After 9:00 p.m. A. The sale of fermented malt beverages upon the premises of a Class “A” (liquor store) fermented malt beverage alcohol licensed premises shall cease daily at nine o’clock (9:00) p.m. and shall not resume until eight o’clock (8:00) a.m. the following morning. No fermented malt beverages may be sold between the hours of 9:00 p.m. and 8:00 a.m. upon any Class “A” fermented malt beverage alcohol licensed premises. This restriction by ordinance is authorized by Sections 125.32(3)(b) and (d) of the Wisconsin Statutes, as from time to time amended, and is hereby enacted in conformity therewith. B. By enacting this ordinance the Common Council for the City of Janesville hereby find that this ordinance and the enactment of more restrictive fermented malt beverage sales hours is for the betterment of the community; directly facilitates the health, welfare, peace, safety and tranquility of the community; directly and indirectly will reduce the probability and/or problem of the purchase of fermented malt beverages by underage persons within the community; and will directly and indirectly reduce the consumption of fermented malt beverages by underage persons within the community.” ALCOHOL INTOXICATING LIQUOR SALES State Law Under the new state law, Wis. Stats. § 125.68(4)(b), a Class A alcohol licensed retail establishment may sell ALCOHOL (intoxicating liquor) from 6:00 o’clock a.m. to 9:00 o’clock a.m. unless a city establishes more restrictive hours by ordinance. (4) “125.68 (b) "Class A" retailers. No premises for which a "Class A" license or permit has been issued may remain open for the sale of intoxicating liquor between the hours of 9 p.m. and 8 6 a.m. A municipality may, by ordinance, impose more restrictive hours than those provided in this paragraph.“ [the new law amendments are underlined] INTOXICATING LIQUOR Janesville Class A Sales HOURS Ordinance Previously, a city could not make the closing hours for Class A intoxicating liquor sales more restrictive than state law. With the recent amendment of the state statutes, a city may now impose hours more restrictive than state law for intoxicating liquor sales. Currently, Janesville has no special ordinance regulating the hours of Class A intoxicating liquor sales. Janesville follows the state’s alcohol laws when the City’s alcohol ordinances (JGO Chapter 5.06) do not provide a specific regulation. 5.06.010 State statutes adopted “JGO A. Except as prohibited by law, all provisions of Chapter 125 inclusive of the Wisconsin Statutes describing and defining regulations and procedures with respect to alcohol beverages are adopted and by reference made a part of this chapter as if fully set forth herein. Any act required to be performed or prohibited by any statutes so incorporated by reference is 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.” Class A (liquor store) intoxicating liquor sales in Janesville, therefore, may lawfully occur between 6:00 o’clock a.m. and 9:00 o’clock p.m. daily in Janesville once this new law takes effect because that is what the new state law provides and because Janesville does not have a more restrictive ordinance governing the hours of intoxicating liquor sales in Class A alcohol licensed establishments. SUMMARY Under the new state law taking effect Wednesday, December 21, 2011, and current Janesville City Ordinances: Class A alcohol licensed establishments (liquor stores) in Janesville may lawfully:  intoxicating liquor SELL between 6:00 o’clock a.m. and 9:00 o’clock p.m. daily.  beer SELL (fermented malt beverages) between 6:00 o’clock a.m. and 9:00 o’clock p.m. daily. From: Wenner, Dawn [mailto:dwenner@Schnucks.com] Sent: Thursday, December 15, 2011 9:50 AM To: Wellnitz, Tim Cc: Klimczyk, Wald Subject: Law changing the start time for alcohol sales Mr. Wellnitz Governor Walker signed Act 97 changing the starting time for alcohol sales form 8:00 a.m. to 6:00 a.m. I am following up on this to see if your municipality is going to honor this new law? I am with Schnucks and we have a store located at 1501 Creston Park Dr., Janesville, WI. Thanks, Dawn Dawn Wenner| License Clerk | Schnuck Markets Inc. 11420 Lackland Rd. | St. Louis, MO 63146 | 314.994.4411 | dwenner@schnucks.com ORDINANCE NO. 2012 - 508 An ordinance permitting Class A alcohol licensed stores to sell beer and intoxicating liquor starting at 6:00 o’clock a.m. until 9:00 p.m. daily, with penalties for violations thereof as set forth in JGO 5.06.470. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Section 5.06.240 A. of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: “5.06.240 Sale of Fermented Malt Beverages in Class A Stores After 9:00 p.m. A. The sale of fermented malt beverages upon the premises of a Class “A” (liquor store) fermented malt beverage alcohol licensed premises shall cease daily at nine o’clock (9:00) p.m. and shall not resume until eight six o’clock (86:00) a.m. the following morning. No fermented malt beverages may be sold between the hours of 9:00 p.m. and 86:00 a.m. upon any Class “A” fermented malt beverage alcohol licensed premises. This restriction by ordinance is authorized by Sections 125.32(3)(b) and (d) of the Wisconsin Statutes, as from time to time amended, and is hereby enacted in conformity therewith.” SECTION II. Section 5.06.242 of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: “5.06.242 Sale of Intoxicating Liquor in Class A Stores After 9:00 p.m. A. The sale of intoxicating liquor upon the premises of a Class “A” (liquor store) intoxicating liquor alcohol beverage licensed premises shall cease daily at nine o’clock (9:00) p.m. and shall not resume until six o’clock (6:00) a.m. the following morning. No intoxicating liquor may be sold between the hours of 9:00 p.m. and 6:00 a.m. upon any Class “A” intoxicating liquor alcohol beverage licensed premises. This restriction by ordinance is authorized by Sections 125.68(4)(b) and (d) of the Wisconsin Statutes, as from time to time amended, and is hereby enacted in conformity therewith.” ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent 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: City Clerk-Treasurer Prepared by: City Attorney CITY ATTORNEY’S OFFICE MEMORANDUM January 3, 2012 TO: Common Council FROM: Wald Klimczyk, City Attorney SUBJECT: Class liquor and beer sales starting at 6:00 o’clock a.m. Governor Scott Walker recently signed into state law 2011 Wisconsin Act 97 adopted by the Wisconsin Legislature. That new law allows the sale of beer (fermented malt beverages) and alcohol (intoxicating liquor) by liquor stores (Class A alcohol licensed establishments) after 6:00 o’clock a.m. each day, two (2) hours earlier than the 8:00 o’clock a.m. later opening time previously mandated. 2011 Act 97 applies only to Class A off-premises consumption sales – meaning “liquor stores” that sell beer and liquor for consumption off of the premises. It does not apply to bars or taverns licensed Class B for on- premises consumption. Dawn Wenner, Liquor Sales Manager at Logli’s, 1501 Creston Park Drive, emailed the City on December 15, 2011 (see below), requesting that the Common Council amend its alcohol ordinances accordingly. Janesville Chief of Police Dave Moore finds the proposal acceptable, as does Janesville City Clerk-Treasurer Jean Ann Wulf. This ordinance is presented at this time for a first reading and to schedule a second reading, public hearing, and Council action. CITY MANAGER’S RECOMMENDATION: Bring Janesville’s alcohol ordinances into conformity with the extended state sales hours for Class A alcohol licensed establishments. DETAILED DISCUSSION: BEER SALES Under the new state law, Wis. Stats. § 125.32(3)(b), a Class A alcohol licensed retail establishment store may sell BEER (fermented malt beverages) from 6:00 o’clock a.m. to midnight daily unless a city establishes more restrictive hours by ordinance. Janesville does so under JGO 5.06.240 A. & B. – No BEER sales are permitted from 9:00 o’clock p.m. until 8:00 o’clock a.m. daily. State Law “125.32(3)(b) Class "A" premises may remain open for the conduct of their regular business but may not sell fermented malt beverages between 12 midnight and 8 a.m. Subsection (2) does not apply to Class "A" premises between 12 midnight and 8 a.m. or at any other time during which the sale of fermented malt beverages is prohibited by a municipal ordinance adopted under par. (d).” “125.32(3)(d) A municipality may, by ordinance, impose more restrictive hours than those provided in par. (am) or (b), but may not impose different hours than those provided in par. (a) or (c).” BEER Janesville Class A Sales HOURS Ordinance 5.06.240 Sale of Fermented Malt Beverages After 9:00 p.m. A. The sale of fermented malt beverages upon the premises of a Class “A” (liquor store) fermented malt beverage alcohol licensed premises shall cease daily at nine o’clock (9:00) p.m. and shall not resume until eight o’clock (8:00) a.m. the following morning. No fermented malt beverages may be sold between the hours of 9:00 p.m. and 8:00 a.m. upon any Class “A” fermented malt beverage alcohol licensed premises. This restriction by ordinance is authorized by Sections 125.32(3)(b) and (d) of the Wisconsin Statutes, as from time to time amended, and is hereby enacted in conformity therewith. B. By enacting this ordinance the Common Council for the City of Janesville hereby find that this ordinance and the enactment of more restrictive fermented malt beverage sales hours is for the betterment of the community; directly facilitates the health, welfare, peace, safety and tranquility of the community; directly and indirectly will reduce the probability and/or problem of the purchase of fermented malt beverages by underage persons within the community; and will directly and indirectly reduce the consumption of fermented malt beverages by underage persons within the community.” ALCOHOL INTOXICATING LIQUOR SALES State Law Under the new state law, Wis. Stats. § 125.68(4)(b), a Class A alcohol licensed retail establishment may sell ALCOHOL (intoxicating liquor) from 6:00 o’clock a.m. to 9:00 o’clock a.m. unless a city establishes more restrictive hours by ordinance. (4) “125.68 (b) "Class A" retailers. No premises for which a "Class A" license or permit has been issued may remain open for the sale of intoxicating liquor between the hours of 9 p.m. and 8 6 a.m. A municipality may, by ordinance, impose more restrictive hours than those provided in this paragraph.“ [the new law amendments are underlined] INTOXICATING LIQUOR Janesville Class A Sales HOURS Ordinance Previously, a city could not make the closing hours for Class A intoxicating liquor sales more restrictive than state law. With the recent amendment of the state statutes, a city may now impose hours more restrictive than state law for intoxicating liquor sales. Currently, Janesville has no special ordinance regulating the hours of Class A intoxicating liquor sales. Janesville follows the state’s alcohol laws when the City’s alcohol ordinances (JGO Chapter 5.06) do not provide a specific regulation. 5.06.010 State statutes adopted “JGO A. Except as prohibited by law, all provisions of Chapter 125 inclusive of the Wisconsin Statutes describing and defining regulations and procedures with respect to alcohol beverages are adopted and by reference made a part of this chapter as if fully set forth herein. Any act required to be performed or prohibited by any statutes so incorporated by reference is 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.” Class A (liquor store) intoxicating liquor sales in Janesville, therefore, may lawfully occur between 6:00 o’clock a.m. and 9:00 o’clock p.m. daily in Janesville once this new law takes effect because that is what the new state law provides and because Janesville does not have a more restrictive ordinance governing the hours of intoxicating liquor sales in Class A alcohol licensed establishments. SUMMARY Under the new state law taking effect Wednesday, December 21, 2011, and current Janesville City Ordinances: Class A alcohol licensed establishments (liquor stores) in Janesville may lawfully:  intoxicating liquor SELL between 6:00 o’clock a.m. and 9:00 o’clock p.m. daily.  beer SELL (fermented malt beverages) between 6:00 o’clock a.m. and 9:00 o’clock p.m. daily. Wald 2011 WISCONSIN ACT 97 AA N CT relating to: to amend 125.32 (3) (b) and 125.68 (4) (b) of the statutes; closing hours for certain alcohol beverage retailers. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: S1. 97, s. 1 125.32 (3) (b) of the statutes is amended to read: ECTION (3) 125.32 (b) Class "A" premises may remain open for the conduct of their regular business but may not sell fermented malt beverages between 12 midnight and 8 6 a.m. Subsection (2) does not apply to Class "A" premises between 12 midnight and 8 6 a.m. or at any other time during which the sale of fermented malt beverages is prohibited by a municipal ordinance adopted under par. (d). S2. 97, s. 2 125.68 (4) (b) of the statutes is amended to read: ECTION (4) 125.68 (b) "Class A" retailers. No premises for which a "Class A" license or permit has been issued may remain open for the sale of intoxicating liquor between the hours of 9 p.m. and 8 6 a.m. A municipality may, by ordinance, impose more restrictive hours than those provided in this paragraph. From: Wenner, Dawn [mailto:dwenner@Schnucks.com] Sent: Thursday, December 15, 2011 9:50 AM To: Wellnitz, Tim Cc: Klimczyk, Wald Subject: Law changing the start time for alcohol sales Mr. Wellnitz Governor Walker signed Act 97 changing the starting time for alcohol sales form 8:00 a.m. to 6:00 a.m. I am following up on this to see if your municipality is going to honor this new law? I am with Schnucks and we have a store located at 1501 Creston Park Dr., Janesville, WI. Thanks, Dawn Dawn Wenner| License Clerk | Schnuck Markets Inc. 11420 Lackland Rd. | St. Louis, MO 63146 | 314.994.4411 | dwenner@schnucks.com