Full Agenda Packet
CITY OF JANESVILLE
CITY COUNCIL MEETING AGENDA
MONDAY, March 26, 2012
7:00 P.M.
1. Call to Order and Pledge of Allegiance.
2. Roll Call.
3. Regular City Council meeting minutes of March 12, 2012. “C”
4. Licenses; and Recommendations of the Alcohol License Advisory
Committee. (Refer to separate agenda.) “C”
5. Financial statement for the month of January and February, 2012. “C”
6. Authorization for the Administration to Deny a Claim for Excessive
Assessment from William H. Hesser, Jr. in the amount of $10,631.01. “C”
7. Authorization for the Administration to Deny a Claim for Excessive
Assessment from Hesser Revocable Trust in the amount of $5,058.69. “C”
8. Authorization for the Administration to Deny a Claim for Excessive
Assessment from Hesser Real Estate Holdings LLC in the amount of
$46,666.24. “C”
9. Authorization for the Administration to Deny a Claim for Excessive
Assessment from Grand Valley Hospitality LLC in the amount of
$27,986.00. “C”
10. Authorization for the Administration to Deny a Claim for Excessive
Assessment from Janesville Exchange Project in the amount of
$16,641.00. “C”
11. Authorization for the Administration to Deny a Claim for Excessive
Assessment from Sears Holding Corporation in the amount of
$43,088.00. “C”
12. Authorization for the Administration to Deny a Claim for Excessive
Assessment from Target Corporation in the amount of $30,968.00. “C”
-----------------------
“C” – This designation indicates an item that the City Council will take up under a
Consent Agenda.
City Council Agenda – March 26, 2012
Page 2
OLD BUSINESS
1. Requests and comments from the public regarding items on the Agenda not
requiring a public hearing.
2. Second reading, public hearing and action on a proposed ordinance amending
the City’s Solid Waste Ordinance to ban asphalt roof shingles from landfill
disposal and to incorporate provisions associated with the automated collection
of trash and recyclables. (File Ord. No. 2012-512)
NEW BUSINESS
1. Update on Janesville-Milton-Whitewater Commuter Bus Service.
2. Action on a proposed resolution recognizing the City of Janesville’s support for
the Beloit-Janesville Peace Trail. (File Res. No. 2012-895)
3. Action on proposed preliminary resolution for assessable sewer, water, and
laterals and schedule a public hearing for the final resolution.
(File Res. No. 2012-896)
4. Action on proposed preliminary resolution for assessable street construction
(extend Sandhill Drive) and schedule a public hearing for the final resolution.
(File Res. No. 2012-897)
5. Introduce and schedule a public hearing on a proposed ordinance detaching a
portion of 3601 South River Road located between the Rock River and South
River Road. (File Ord. No. 2012-513)
6. Introduce and schedule a public hearing on a proposed ordinance annexing
property adjoining U.S. Highway 51 east of the Southern Wisconsin Regional
Airport. (File Ord. No. 2012-514)
7. Introduce, refer to Plan Commission and schedule a public hearing on a
proposed ordinance zoning annexing property adjoining U.S. Highway 51 located
east of the Southern Wisconsin Regional Airport to M1 upon annexation.
(File Ord. No. 2012-515)
8. Requests and comments from the public on matters which can be affected by
Council action.
9. Matters not on the Agenda.
10. Motion to adjourn.
The use of audible cell phone ringers and active use and response to cellular
phone technology by the governing body, staff and members of the public is
discouraged in the Council Chambers while the Council is in session.
PROCEEDINGS OF THE CITY COUNCIL
CITY OF JANESVILLE, WISCONSIN
REGULAR MEETING
MARCH 12, 2012
VOL. 62
NO. 33
Regular meeting of the City Council of the City of Janesville held in the Municipal Building on March 12,
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: Council President Steeber and Councilmembers Dongarra-Adams, Liebert, McDonald,
Rashkin, and Voskuil.
CONSENT AGENDA
Regular City Council meeting minutes of February 27, 2012.
Licenses and Recommendations of the Alcohol License Advisory Committee.
Financial statement for the month of December, 2011
Council President Steeber removed Hammy’s Roadside Bar’s request to allow expansion of outdoor
seating to include audio from the consent agenda. He stated that all other items on the consent agenda
would be approved if there were no objections. There were none.
Councilmember McDonald moved to approve Hammy’s license amendment for 2012 only, seconded by
Councilmember Dongarra-Adams. Councilmember Voskuil moved to postpone action for two weeks and
requested a report from Community Development on this proposal, seconded by Councilmember McDonald
and passed unanimously.
Action on a proposed resolution proclaiming March, 2012 as Women’s History Month in the City of
Janesville. Councilmember Liebert moved to adopt said resolution, seconded by Councilmember
Dongarra-Adams and passed unanimously. The resolution will be displayed at the Rock County Historical
Society. (File Res. No. 2012-894)
OLD BUSINESS
1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing.
Andreah Briarmoon, 339 S. Locust St., stated that the Drug Free Communities Support Program grant
money (NB #3) should go to the Fourth Ward Neighborhood instead of the Police Department. She also
stated that the number of trash and recyclable containers should be based on the number of units in each
building as opposed to the number of water meters (NB #5).
2. Proposed ordinances revising beer and liquor sales hours in Class A liquor stores received their
second reading and public hearing. Billy McCoy, 1326 Putnam Ave., Andreah Briarmoon, 339 S. Locust
Ave. and Dave Wittman, 1530 Meadowlark Dr., spoke in favor of revising the hours. Shari Faber, 2007
Excalibur Dr., and Sarah Harder, 450 N. Terrace St., spoke against revising the hours. The public hearing
was closed. Councilmember Voskuil moved to adopt Re-Revised Ordinance No. 2012-508 changing the
sales hours to 6 a.m. to 9 p.m., seconded by Councilmember Steeber and passed by the following vote:
Aye: Dongarra-Adams, McDonald, Steeber and Voskuil. Nay: Liebert and Rashkin. (Re-Revised File Ord.
No. 2012-508 and Re-Revised File Ord. No. 2012-508-S)
3. Proposed ordinances allowing the sale, use, and consumption of fermented malt beverages at the
Senior Activity Center and Dawson Softball Complex received their second reading and public hearing.
Andreah Briarmoon, 339 S. Locust Ave., spoke in favor of the ordinances. The public hearing was closed.
Councilmember Voskuil moved to adopt Ordinance No. 2012-510 allowing alcohol at the Senior Activity
Center, seconded by Councilmember Rashkin and passed unanimously. Councilmember Rashkin moved
to adopt Ordinance No. 2012-511 allowing alcohol at Dawson Softball Complex during tournament play
only, seconded by Councilmember Steeber and passed by the following vote: Aye: Dongarra-Adams,
McDonald, Rashkin and Steeber. Nay: Liebert and Voskuil. (File Ord. Nos. 2012-510 and 2012-511)
NEW BUSINESS
1. Presentation of Elections. City Clerk-Treasurer Jean Ann Wulf gave an update on elections. Recently,
there have been court rulings striking down the Voter ID Law, so the Clerk-Treasurer’s Office has stopped
collecting Voter ID’s. She stated that absentee voting is available in the Clerk-Treasurer Office between
March 19 and March 30, 2012. There is a need for additional poll workers to work the elections and
individuals can apply online or call the Clerk-Treasurer’s Office.
2. Action on a proposed resolution granting a temporary limited easement for an encroachment allowing
installation of ventilation equipment for a new carry-out restaurant to be located in Suite 120 of 101 East
Milwaukee St. Councilmember Rashkin moved to adopt said resolution, seconded by Councilmember
Liebert and passed unanimously. (File Res. No. 2012-892)
3. Action on a proposed resolution authorizing the City Manager to apply for a Drug Free Communities
Support Program Grant. Councilmember Rashkin moved to adopt said resolution, seconded by
Councilmember Voskuil and passed unanimously. (File Res No. 2012-893)
4. Staff presentation and direction from Council on proposed procedures for initial distribution and long-
term management of carts utilized for the collection of trash and recyclables. By consensus, the Council
agreed with the Administration’s proposal and requested that users be given a choice between two sizes of
carts.
5. A proposed ordinance amending the City’s Solid Waste Ordinance to ban asphalt roof shingles from
landfill disposal and to incorporate provisions associated with the automated collection of trash and
recyclables was introduced and scheduled for a public hearing on March 26, 2012. For the record, Yuri
Rashkin stated that the Sustainability Committee was responsible for the proposed ordinance change.
(File Ord. No. 2012-512)
6. Requests and comments from the public on matters which can be affected by Council action. Billy
McCoy, 1326 Putnam Ave., asked what happened with the sidewalk contract vote at the last Council
meeting. Council President Steeber stated that the sidewalk contract was approved. Andreah Briarmoon,
339 S. Locust St., stated that poll workers should be recruited by political parties, there should be a public
hearing on trash carts, the City should let the private sector handle alcohol sales, it is a tragedy when
someone dies from binge drinking, and there is a $5,000 offer for City property located on Linn St. Jim
Fowler, representing Committee for Sensible Sidewalks, stated their two goals: encourage the delay of
sidewalks until the new Council is seated and City Council candidates should evaluate the existing and
future sidewalk programs.
7. Matters not on the Agenda. No one spoke.
8. Motion to adjourn. Councilmember Rashkin moved to adjourn, seconded by Councilmember McDonald
and passed unanimously.
There being no further business, Council adjourned at 9:17 PM.
These minutes are not official until approved by the City Council.
Jean Ann Wulf
City Clerk-Treasurer
JANESVILLE CITY COUNCIL
LICENSE AGENDA
3/26/2012
RECOMMENDED
A. SECONDHAND JEWELRY DEALER–ORIGINAL
Mohammad S. Qattum d/b/a The Gold Spot 3000 Milton Ave., Suite 113
B. APPLICATION FOR A CLASS B LICENSE AMENDMENT TO ALLOW EXPANSION OF OUTDOOR
SEATING TO INCLUDE AUDIO MEMORIAL DAY WEEKEND THROUGH LABOR DAY WEEKEND ON
SATURDAYS FROM 2:00 P.M. TO 6:00 P.M.
Hammy’s, Inc. d/b/a Hammy’s Roadside Bar 2131 Center Ave.
Jessica A. Tadder
Community Development Department Memorandum
Date: March 26, 2012
TO: Janesville City Council
FROM: Brad Schmidt, AICP, Associate Planner
SUBJECT: Application for a Class B license amendment to allow expansion of
outdoor seating to include audio Memorial Day weekend through Labor
Day weekend on Saturdays from 2:00 PM to 6:00 PM. Hammy’s Inc.
d/b/a Hammy’s Roadside Bar; 2131 Center Ave.
SUMMARY
Community Development Staff received a request to construct a roof-structure on an
existing outdoor patio on property located at 2131 Center Avenue (Hammy’s Roadside
Bar). The roof-structure request is coincidental to the bar owner’s request to amend a
Class B liquor license to allow outdoor music in the existing outdoor patio area. The
roof-structure, as proposed, would partially cover the existing fenced-in patio area and
is intended to provide a covered area where outdoor music would be provided. While
reviewing the proposed roof-structure, Staff requested information regarding a portion of
the fence which included “sound deadening” material. The intent of that request was to
determine if the material met the Building and Fire Code requirements.
At the March 12, 2012, City Council meeting, the Council postponed action on the
amendment of the liquor license to allow staff more time to review whether the material
was appropriate for dampening sound. Staff does not believe the material as designed
with the fence will significantly dampen sound; however, staff worked with the applicant
to conduct a series of sound tests at the site to determine the impact of outdoor music.
The sound tests indicated that there does not appear to be a significant increase in
noise with outdoor music over the ambient noise level (e.g. street noise). Therefore,
Staff recommends approval of the amendment to the Class B liquor license for outdoor
music at 2131 Center Avenue provided that the amendment is temporary for the
summer of 2012.
DEPARTMENT RECOMMENDATION
The Community Development Department recommends that the Class B liquor license
for Hammy’s Roadside Bar (2131 Center Avenue) be amended to allow for outdoor
music beginning Memorial Day weekend and ending Labor Day weekend each
Saturday between the hours of 2:00 PM and 6:00 PM provided that the amendment is
temporary for the summer of 2012.
CITY MANAGER RECOMMENDATION
The City Manager concurs with the Community Development Department
recommendation that it is a temporary amendment for the summer of 2012 to evaluate
any impacts to the neighborhood.
SUGGESTED MOTION
A motion to amend a Class B liquor license for property located at 2131 Center Avenue
(Hammy’s Roadside Bar) to allow for outdoor music beginning Memorial Day weekend
and ending Labor Day weekend each Saturday between the hours of 2:00 PM and 6:00
PM provided that the amendment is temporary for the summer of 2012.
ANALYSIS
A. On June 9, 2008, the City Council voted to approve an amendment to Hammy’s
Class B liquor license to allow an expansion of their liquor area to an outdoor seating
area provided that outdoor music is prohibited. The applicant constructed and has
been utilizing a patio in the rear of the building which is approximately 1,025 square
feet in size and is enclosed with a 6-foot fence.
B. Staff met with the applicant to discuss their request to construct a roof structure over
a portion of the existing patio where they would like to provide outdoor music. The
site plan indicates the roof structure would be approximately 480 square feet in size
Exhibit 1
and be attached to the exterior of the building (See ). Staff worked with the
applicant to ensure that the roof structure would meet State and City outdoor
smoking regulations and that all outdoor materials would meet the City’s Fire Code,
including the portion of the fence which was identified as “sound deadening”
material.
C. Prior to the March 12, 2012 City Council meeting, the applicant submitted a material
information sheet which indicated the material would be a foam insulation material
installed and encapsulated between two wood cedar panels. This construction
method would meet the Building and Fire Code requirements. Staff did not review
this material for its sound dampening properties and did not require the applicants to
include such materials as part of their request.
D. Staff does not believe the placement of insulation between two hard-surfaced wood
panels would provide any significant dampening or absorption of sound. However,
Staff has worked with the applicant to test the noise levels with and without outdoor
music at different locations on their site.
E. The tests were conducted on Wednesday, March 14 at 2:00 PM, without outdoor
music, and at 6:00 PM, with outdoor music. The applicant indicated that at each test
time, there were approximately 15 people within the patio area at the rear of the
building. The test with outdoor music included a musician hooked up to a speaker in
the location proposed for outdoor music on the rear patio area. The results of the
Exhibit 2
two tests are shown on . Staff does not believe there is a significant
increase in noise with outdoor music over the ambient noise level to require further
analysis or further improvement materials of sound mitigating to be included within
the area where outdoor music has been proposed.
F. Staff recommends that the Class B liquor license for Hammy’s Roadside Bar be
amended to allow for outdoor music beginning Memorial Day weekend and ending
Labor Day weekend each Saturday between the hours of 2:00 PM and 6:00 PM
provided that the amendment is temporary for the summer of 2012. A temporary
amendment would allow Staff to further evaluate any potential negative impacts
associated with outdoor music on the neighborhood. Additionally, the sound test
results indicate that the surrounding properties would not be negatively impacted by
outdoor music if the music is located in the rear patio area on the subject site. The
Council could further limit the impact of outdoor music at this site by limiting the
height of outdoor speakers to not exceed the height of the existing fence and that
the speakers face north. Finally, this request for outdoor music is only proposed to
occur Saturday afternoons from 2:00 PM to 6:00 PM over the summer.
cc: Gale Price
ADMINISTRATIVE SERVICES MEMORANDUM
March 15, 2012
TO: City Council
FROM: Tim Wellnitz, Assistant City Attorney
SUBJECT:Authorization for the Administration to Deny a Claim for Excessive
Assessment from William H. Hesser, Jr. in the amount of $10,631.01.
Authorization for the Administration to Deny a Claim for Excessive
Assessment from Hesser Revocable Trust in the amount of $5,058.69.
Authorization for the Administration to Deny a Claim for Excessive
Assessment from Hesser Real Estate Holdings LLC in the amount of
$46,666.24.
Authorization for the Administration to Deny a Claim for Excessive
Assessment from Grand Valley Hospitality, LLC in the amount of
$27,986.00.
Authorization for the Administration to Deny a Claim for Excessive
Assessment from Janesville Exchange Project in the amount of
$16,641.00.
Authorization for the Administration to Deny a Claim for Excessive
Assessment from Sears Holding Corporation in the amount of
$43,088.00.
Authorization for the Administration to Deny a Claim for Excessive
Assessment from Target Corporation in the amount of $30,968.00.
CLAIM OF WILLIAM H. HESSER, JR.
William H. Hesser, Jr. is the owner of property located at 2009 Milton Avenue. On
January 30, 2012, Attorney David C. Moore on behalf of William H. Hesser, Jr. filed a
§
Claim For Excessive Assessment under Wis. Stat. 74.37, dated January 30, 2012,
against the City of Janesville. Tax Parcel No. 0219100110.
William H. Hesser, Jr. seeks a refund of the alleged excessive assessment for tax year
2011 in the amount of $10,631.01 plus interest.
CLAIM OF HESSER REVOCABLE TRUST
Hesser Revocable Trust is the owner of property located at 2436 Oak Brook Court. On
January 30, 2012, Attorney David C. Moore on behalf of Hesser Revocable Trust filed a
§
Claim For Excessive Assessment under Wis. Stat. 74.37, dated January 30, 2012,
against the City of Janesville. Tax Parcel No. 0123400011.
Hesser Revocable Trust seeks a refund of the alleged excessive assessment for tax
year 2011 in the amount of $5,058.69 plus interest.
CLAIM OF HESSER REAL ESTATE HOLDINGS LLC
Hesser Real Estate Holdings LLC is the owner of property located at 1811 Humes Road.
On January 30, 2012, Attorney David C. Moore on behalf of Hesser Real Estate
§
Holdings LLC filed a Claim For Excessive Assessment under Wis. Stat. 74.37, dated
January 30, 2012, against the City of Janesville. Tax Parcel No. 0218300245.
Hesser Real Estate Holdings LLC seeks a refund of the alleged excessive assessment
for tax year 2011 in the amount of $46,666.24 plus interest.
CLAIM OF GRAND VALLEY HOSPITALITY, LLC
Grand Valley Hospitality, LLC is the owner of property located at 2400 Fulton Street. On
January 26, 2012, Attorney Don M. Millis on behalf of Grand Valley Hospitality, LLC filed
§
a Claim For Excessive Assessment under Wis. Stat. 74.37, dated January 25, 2012,
against the City of Janesville. Tax Parcel No. 0217100019.
Grand Valley Hospitality, LLC seeks a refund of the alleged excessive assessment for
tax year 2011 in the amount of $27,986.00 plus interest.
CLAIM OF JANESVILLE EXCHANGE PROJECT
Janesville Exchange Project is the owner of property located at 1106 Humes Road. On
January 26, 2012, Attorney Don M. Millis on behalf of Janesville Exchange Project filed a
§
Claim For Excessive Assessment under Wis. Stat. 74.37, dated January 25, 2012,
against the City of Janesville. Tax Parcel No. 0218100003.
Janesville Exchange Project seeks a refund of the alleged excessive assessment for tax
year 2011 in the amount of $16,641.00 plus interest.
2
CLAIM OF SEARS HOLDINGS CORPORATION
Sears Holdings Corporation is the owner of property located at 2500 Milton Avenue. On
January 26, 2012, Attorney Don M. Millis on behalf of Sears Holdings Corporation filed a
§
Claim For Excessive Assessment under Wis. Stat. 74.37, dated January 25, 2012,
against the City of Janesville. Tax Parcel No. 0219200040.
Sears Holdings Corporation seeks a refund of the alleged excessive assessment for tax
year 2011 in the amount of $43,088.00 plus interest.
CLAIM OF TARGET CORPORATION
Target Corporation is the owner of a property located at 2017 Humes Road. On January
26, 2012, Attorney Don M. Millis on behalf of Target Corporation filed a Claim For
§
Excessive Assessment under Wis. Stat. 74.37, dated January 25, 2012, against the
City of Janesville. Tax Parcel No. 241 0218300031.
Target Corporation seeks a refund of the alleged excessive assessment for tax year
2011 in the amount of $30,968.00 plus interest.
RECOMMENDATION
The 2011 Board of Review acted properly in upholding the 2011 assessments at the
time those were appealed. The City Assessor and Assistant City Attorney recommend
that the Common Council deny these claims summarily by consent as a Consent
Agenda item.
cc: Eric Levitt, City Manager
Jacob J. Winzenz, Director of Administrative Services/Assistant City Manager
3
DEPARTMENT OF PUBLIC WORKS MEMORANDUM
March 15, 2012
TO: City Council
FROM: John Whitcomb, Operations Director
SUBJECT: Second Reading, Public Hearing, and Action on a Proposed Ordinance
Amending the City’s Solid Waste Ordinance to Ban Asphalt Roof Shingles
from Landfill Disposal and to Incorporate Provisions Associated with the
Automated Collection of Trash and Recyclables (File Ordinance 2012-
512)
Summary
File Ordinance 2012-512 amends Janesville General Ordinance 8.64 (Solid Waste and
Recycling). Specifically, the proposed Ordinance bans the disposal of asphalt roof
shingles from the City’s landfill (effective July 1, 2012), and incorporates provisions
necessary to reflect the City’s transition from manual to automated collection of trash
and recyclables. Both changes are consistent with provision of the 2012 Sanitation
Fund budget and prior City Council direction.
Staff Recommendation
Following the public hearing, staff recommends the City Council adopt File Ordinance
2012-512.
Recommended Motion
Move to adopt File Ordinance 2012-512 amending the City’s Solid Waste Ordinance to
ban asphalt roof shingles from landfill disposal, and incorporating provisions associated
with the automated collection of trash and recyclables.
City Manager Recommendation
The City Manager concurs with the staff recommendation.
Request
The Sustainable Janesville Committee provided the recommendation to ban shingles
from landfill disposal. There was no specific request for the ordinance changes related
to automation, however, these changes are necessary as a result of the conversion to
automation.
Background
Ban on Disposal of Asphalt Roof Shingles The 2012 Sanitation Fund budget provides
for a ban on the disposal of asphalt roof shingles at the City’s sanitary landfill. Staff is
proposing a July 1, 2012 implementation date, which provides time to inform customers
and residents. Those wanting to dispose of shingles would be directed to local outlets
for recycling, as is currently done with electronic and certain other wastes. For budget
purposes, staff estimated 2,000 tons of asphalt shingles would be diverted from landfill,
resulting in a net loss of landfill revenue of approximately $42,000. The net revenue
loss will likely be less than this amount, given the proposed July 1 implementation.
Provisions Associated with the Conversion to Automated Collection of Trash and
Recyclables Also included in the 2012 Sanitation Fund budget are provisions for
conversion from manual to automated collection of trash and recyclables. Several
ordinance amendments are required to reflect the change in collection method, primarily
dealing with collection cart use:
Changes cover residential dwelling units and non-residential facilities and
properties (businesses).
Consistent with current practice, non-residential facilities are limited to a
o
maximum of one 95-gallon trash cart per collection event. The City
currently services approximately 200 non-residential facilities and has a
maximum limit of 90-gallons of waste.
Non-residential facilities would also be eligible to receive collection service
o
for recyclables, up to a maximum of two 95-gallon carts unless otherwise
approved. The City does not currently offer recycling service at these
facilities.
More specific provisions are included for the proper placement of collection carts
to ensure they can be serviced. This includes distinctions for paved and
unpaved streets with and without curb and gutter.
A requirement for utilization of a cart specified and/or provided by the City in
order to receive collection service.
ORDINANCE NO. 2012-512
An ordinance amending Chapter 8.64 Solid Waste and Recycling, Section
Directory; Subsection I, Sections 8.64.020, 8.54.080 and 8.64.090; Subsection II,
Section 8.64.120 (C); Subsection III, Sections 8.64.200, 8.64.210, and 8.64.220; and
Subsection IV, Section 8.64.310 (A).
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS:
SECTION I.
Chapter 8.64 Section Directory of the Code of General Ordinances of the City of
Janesville is hereby amended to read as follows:
CHAPTER 8.64
SOLID WASTE AND RECYCLING
Sections:
SUBSECTION I
8.64.010 Purpose
8.64.020 Statutory Authority
8.64.030 Abrogation and Greater Restrictions
8.64.040 Interpretations
8.64.050 Severability
8.64.060 Applicability
8.64.070 Administration
8.64.080 Effective Date
8.64.090 Definitions
SUBSECTION II
8.64.100 Sanitary and Demolition Landfills
8.64.110 Use--Required
8.64.120 Use--Restrictions
8.64.130 Regulations
8.64.140 Removal of Objects--Permission Required
8.64.150 Fee Schedule
8.64.160 Waste Weights--Method of Computing
8.64.170 Commercial Hauling--Permit Required
8.64.180 Covered Loads--Required
8.64.190 Violation -- Penalty -- Subsection II
SUBSECTION III
8.64.200 Residential Solid Waste and Recyclables Collection
And Certain Commercial Non-Dumpster Solid Waste Collection
Collection of Solid Waste and Recyclables Generated at Residential
Properties and at Certain Non-Residential Facilities and Properties
8.64.210 Location, and Times and Volumes
8.64.220 Containers Collection Carts
8.64.230 Non-City Waste and Recyclables Prohibited
8.64.240 Ownership of Materials
8.64.250 Violations -- Penalty -- Subsection III
SUBSECTION IV
8.64.300 Mandatory Recycling Program
8.64.310 Separation of Recyclable Materials
8.64.320 Separation Requirements Exempted
8.64.330 Care of Separated Recyclable Materials
8.64.340 Responsibilities of Owners or Agents of Multiple-Family Dwellings
and Non-Residential Facilities and Properties
8.64.350 Prohibition on Disposal of Recyclable Materials Separated for
Recycling
8.64.360 Enforcement
8.64.370 Violations -- Penalties -- Subsection IV
SUBSECTION V
8.64.500 Solid Waste Collection and Disposal Fee
8.64.510 Creation
8.64.520 Income and Revenue
8.64.530 Eligible Customer Classification
8.64.540 Rates and Charges
8.64.550 Billing
8.64.560 Payment of Charge; Lien; Penalty
8.64.570 Conflict with Other Ordinances, Laws
8.64.580 Penalty – Subsection V
SECTION II.
Section 8.64.080 is deleted and Sections 8.64.020 and 8.64.090 of the Code of
general Ordinances of the City of Janesville are hereby amended to read as follows:
8.64.020 STATUTORY AUTHORITY
.
Portions of this ordinance dealing with recycling are adopted under the authority vested
in cities under Section 159.09(3)(b) 289, Wis. Stats., as from time to time amended, recreated or
otherwise modified.
8.64.080 EFFECTIVE DATE
.
The provisions of this amended chapter shall take effect on 12:01 o'clock A.M. on
January 1, 1995.
8.64.090 DEFINITIONS
. As used in this Chapter:
A.“Asphalt Roof Shingle”
A roof shingle made of felt impregnated with asphalt
and covered with mineral granules.
A.B. Bi-metal container
“” A container for carbonated or malt beverage that is made
primarily of a combination of steel and aluminum.
B.C.Bulky Waste
“” Discarded articles of such size as are not normally collected
with residential or commercial waste including, but not limited to, appliances, furniture,
plumbing fixtures, windows and doors.
C.D.City
“” City of Janesville.
E“Collection Cart”
. A wheeled cart issued by the City to each customer eligible
for collection of solid waste and recyclables which must be utilized by the customer in order to
receive collection service provided by the City.
D.F. County
“” Rock County.
E.GDemolition Waste
. “” Waste resulting from building construction or demolition,
alteration or repair including excavated material, remodeling and other waste such as concrete,
stone, asphalt, sod, earth, dirt and brick.
F.H.Department
“” The City of Janesville Department of Public Works.
G.I.DNR
“” Department of Natural Resources.
H.J. Dwelling Unit
“” Means a room or group of rooms including cooking
accommodations, occupied by one family, and in which not more than two persons, other than
members of the family, are lodged or boarded for compensation at any one time.
I.KEffective recycling program
. “” Has the meaning specified in NR544
Wisconsin Administrative Code, as from time to time amended.
J.L. Electronic Waste
“” Has the meaning specified in s. 287.07(5), Wis. Stats., as
from time to time amended or renumbered, and includes, but is not limited to, televisions,
computers, desktop printers, computer monitors, other computer accessories (including mice,
keyboards, speakers, external hard drives, and flash drives), DVD players, VCRs and other video
players, fax machines, and cell phones.
K.M. Eligible Customer
“” Owner(s) of Real Property enumerated and described in
8.64.530, as from time to time amended or renumbered. The Solid Waste Collection and
Disposal Fee shall be charged against and imposed upon the Real Property or Eligible
Customers, as set forth in 8.64.530.
L.N.Foam polystyrene packaging
“” Packaging made primarily from foam
polystyrene that satisfies one of the following criteria:
(a)
Is designed for serving food or beverages.
(b)
Consists of loose particles intended to fill space and cushion the
packaged article in a shipping container.
(c)
Consists of rigid materials shaped to hold and cushion the
packaged article in a shipping container.
M.O.HDPE
“” High density polyethylene, labeled by the SPI code #2.
N.PHazardous or Toxic Wastes
. “” Waste material or substances which during
normal storage or handling may be a potential cause of harm, including but not limited to
pharmaceutical materials, corrosive chemicals, poisonous or pathogenic substances, pesticide
chemicals, radioactive materials, toxic materials and all other similar harmful substances whether
in solid, liquid or gaseous form.
O.QLDPE
. “” Low density polyethylene, labeled by the SPI code #4.
P.RMagazines
. “” Magazines and other materials printed on similar paper.
Q.S.Major appliance
“” A residential or commercial air conditioner, clothes dryer,
clothes washer, dehumidifiers, dishwasher, freezer, microwave oven, oven, refrigerator, stove,
furnace, boiler and water heater.
R.TMotor oil
. “” An engine oil that is unmixed with any other substance which can
no longer be used for its intended purpose.
S.U.Multiple-family dwelling
“” A property containing five (5) or more residential
units including, but not limited to, those which are occupied seasonally.
T.VNewspaper
. “” A newspaper and other materials printed on newsprint.
U.WNon-residential facilities and properties
. “” Commercial, retail, industrial,
institutional and governmental facilities and properties. This term does not include multiple
family dwellings.
V.XOffice paper
. “” High grade printing and writing papers from offices in non-
residential facilities and properties.
W.Y.Oil Filter and Oil Absorbing Material
“” Used oil filters and oil absorbents
originating at non-residential facilities.
X.ZOther resins or multiple resins
. “” Plastic resins labeled by the SPI code #7.
Y.AAPerson
. “” Any individual, natural or artificial including, but not limited to, any
firm, company, municipal or private corporation, association, society, institution, enterprise, joint
venture, partnership, limited liability company, governmental agency, governmental unit, or
other entity howsoever comprised or constituted.
Z.BBPETE
. “” Polyethylene terephthalate, labeled by the SPI code #1.
AA.CCPlastic container
.“” An individual, separate, rigid plastic bottle, can, jar or
carton, except for a blister pack, that is originally used to contain a product that is the subject of a
retail sale.
BB.DDPost-consumer waste
.“” Solid waste other than solid waste generated in the
production of goods, hazardous waste, as defined currently in s. 144.61(5), Wis. Stats., waste
from construction and demolition of structures, scrap automobiles, or high-volume industrial
waste, as defined currently in s. 144.44(7)(a)1., Wis. Stats.
CC.EEPP
.“” Polypropylene, labeled by the SPI code #5.
DD.FFPS
.“” Polystyrene, labeled by the SPI code #6.
EE.GGPVC
.“” Polyvinyl chloride, labeled by the SPI code #3.
FF.HHRecyclable materials
.“” Lead acid batteries; major appliances; waste oil; yard
waste; aluminum containers; corrugated paper or other container board; foam polystyrene
packaging; glass containers; magazines; newspaper; office paper; rigid plastic containers,
including those made of PETE, HDPE, PVC, LDPE, PP, PS, and other resins or multiple resins;
steel containers; waste tires; and bi-metal containers.
GG.II.Residential Property
“” Means a lot or parcel of land developed exclusively
for residential purposes, including single-family units, duplexes, and multi-family buildings
containing up to four separate units. The term includes condominiums and manufactured homes.
HH.JJ.Responsible Unit
“” Has the meaning specified in s. 159.09 Wis. Stats.
II.KK.Solid Waste
“” Has the meaning specified in s. 144.01(15), Wis. Stats.
JJ.LL.Solid Waste Disposal Facility
“” Has the meaning specified in s. 144.43(5),
Wis. Stats.
KK.MMSolid Waste Treatment
.“” Any method, technique or process which is
designed to change the physical, chemical or biological character or composition of solid waste.
"Treatment" includes incineration.
LL.NNWaste tire
.“” A tire that is no longer suitable for its original purpose because
of wear, damage or defect.
MM.OOYard waste
.“” Leaves, grass clippings, yard and garden debris, brush, and
clean woody vegetative material no greater than 6 inches diameter. This term does not include
stumps, roots or shrubs with intact root balls.
SECTION III.
Section 8.64.120 (C) of the Code of General Ordinances of the City of
Janesville is hereby amended to read as follows:
8.64.120 USE--RESTRICTIONS.
C.
The following wastes and materials are prohibited from disposal, placement or
deposit at, upon or into any City Sanitary or Demolition Landfill by any person at any time:
1
. Lead-acid batteries
2
. Major appliances
3
. Motor oil, oil filters or oil absorbent materials
4.
Toxic or hazardous wastes
5.
Waste tires
6.
Yard wastes
7.
Materials listed in Section 8.64.310, unless those materials come from a
responsible unit having an effective recycling program approved by DNR.
8.
Concrete, reinforced concrete, bituminous concrete, broken pavement,
shall not be disposed of in the sanitary landfill, but may be disposed of at the demolition landfill.
9.
Electronic wastes
10.
Effective July 1, 2012, asphalt roof shingles
SECTION IV.
Section 8.64.200, Section 8.64.210, and Section 8.64.220 of the Code of
General Ordinances of the City of Janesville are hereby amended to read as follows:
8.64.200 RESIDENTIAL SOLID WASTE AND RECYCLABLES
COLLECTION AND CERTAIN COMMERCIAL NON-DUMPSTER SOLID WASTE
COLLECTIONCOLLECTION OF SOLID WASTE AND RECYCLABLES
.
GENERATED AT RESIDENTIAL PROPERTIES AND AT CERTAIN NON-
RESIDENTIAL FACILITIES AND PROPERTIES
The following provisions shall apply to residential solid waste and recyclables collection
and certain commercial non-dumpster solid waste collection in the City. collection, by the City,
of solid waste and recyclables at all residential properties and certain non-residential facilities
and properties
8.64.210 LOCATION, AND TIMES AND VOLUMES.
A
. Solid wastes and recyclables placed for collection shall be placed near the curb at
the street unless other specific authorization from the Director of Public Works is obtained.
Collection carts containing solid waste and recyclables shall be placed for collection in the
following manner, unless otherwise authorized by the Director of Public Works:
1.On streets having curb and gutter, collection carts shall be placed so the front
of the collection cart faces the street and so the cart is immediately adjacent to
the curb and gutter, including carts placed in driveway openings. Collection
carts may also be placed within the curb line of the street provided such
placement does not obstruct normal vehicular traffic.
2.On paved streets without curb and gutter, collection carts shall be placed so
the front of the collection cart faces the street so the cart is immediately
adjacent to the edge of pavement. Collection carts may also be placed on the
edge of pavement provided such placement does not obstruct normal vehicular
traffic.
3.On unpaved streets without curb and gutter, collection carts shall be placed so
the front of the container faces the street and so the cart is immediately
adjacent to future planned placement of curb and gutter, including carts placed
in existing and/or planned future driveway openings.
B.
Solid wastes and recyclables shall be placed at the street not earlier than twenty-
four (24) hours prior to the day of scheduled collection but before seven (7:00) o'clock a.m. on
the day of collection.
C
. Commercial non-dumpster solid wastes may be placed at the curb by Janesville
businesses for collection by the City for disposal at the landfill on that business’ customary trash
collection day each week. Commercial non-dumpster solid waste deposited by a business at the
curb one day each week shall not exceed ninety (90) gallons -- approximately three (3) thirty
gallon normal trash containers -- in volume in any week or curbside placement for any one
business, lot or site. Solid waste placed at curbside in conformity with this ordinance shall be
removed by the City. All residential properties and certain non-residential facilities and
properties are eligible to receive collection service from the City at a frequency determined by
the City. Non-residential facilities and properties must request collection service and must be
approved by the City prior to receiving collection service. Solid waste placed for collection by
non-residential facilities and properties shall not exceed the capacity of one, 95-gallon collection
cart in aggregate per scheduled collection event. Recyclable materials placed for collection at
non-residential facilities and properties shall not exceed the capacity of two, 95-gallon collection
carts in aggregate per scheduled collection event without prior approval from the City.
D.
Public and private trash and recyclable collection and hauling may only occur
between 6:00 o’clock A.M. and 9:00 o’clock P.M. in residentially zoned districts (R1, R1D, R2,
R3M, R3, R4) within the City.
8.64.220 CONTAINERSCOLLECTION CARTS
.
A.
Solid waste containers larger than thirty five (35) gallons shall not be collected or
emptied by the City, nor shall any person place any such larger container at the street. All
residential properties and non-residential facilities and properties receiving service from the City
for the collection of solid waste and recyclables shall utilize collection carts specified and/or
provided by the City.
B
. The following shall apply to recyclables containers: Solid waste and recyclables
must be fully contained within the collection carts specified and/or provided by the City,
with the cart lid closed, in order to be collected. Solid waste and recyclables placed
outside of the collection cart shall not be collected.
1
. At a minimum, recyclables placed for collection must be contained within,
next to or under the City-designated recycling container, as designated from time to time by the
Director of Public Works.
2
. Additional bins can be used for recyclables collection only if each of the
following are observed:
a
. it is hard-sided metal or plastic
b
. it is less than twenty gallons in size
c
. it has attached, effective and adequate carrying handles.
C
. Single items, or containers containing solid waste or recyclables, weighing more
than fifty (50) pounds shall not be collected or emptied by the City, nor shall any person place
any such larger container at the street.
DC
. All recyclables and solid waste containers collection carts shall be removed from
the street right-of-way after collection by the City on the day of collection.
SECTION V.
Section 8.64.310 (A) of the Code of General Ordinances of the City of Janesville
is hereby amended to read as follows:
8.64.310 SEPARATION OF RECYCLABLE MATERIALS
.
A
. Occupants of single family and two-to-four-unit residences, multiple family
dwellings and non-residential facilities and properties shall separate the following materials from
post-consumer waste prior to deposit in any City Landfill and prior to deposit or placement at
curbside for collection:
1
. Lead-acid batteries;
2.
Major appliances;
3
. Motor oil;
4.
Yard waste;
5.
Aluminum containers;
6.
Bi-metal containers;
7.
Corrugated paper and other container board;
8
. Foam polystyrene packaging;
9
. Glass containers;
10.
Magazines;
11
. Newspapers;
12
. Office papers;
13
. Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS and
other resins or multiple resins;
14.
Steel containers;
15.
Waste tires.
16.
Electronic waste
17.
Asphalt roof shingles
SECTION II. These amendments, unless otherwise indicated, shall become effective
October 1, 2012, the public interest, welfare, benefit and good so requiring, and the
Common Council so finding.
ADOPTED: Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Dongarra-Adams
Liebert
Eric J. Levitt, City Manager
McDonald
Rashkin
Steeber
ATTEST:
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by: John Whitcomb, Operations Director
Prepared by: John Whitcomb, Operations Director
JANESVILLE TRANSIT SYSTEM MEMORANDUM
March 21, 2012
TO: City Council
FROM: Transit Director
Update on Janesville-Milton-Whitewater Commuter Bus Service;
SUBJECT:
Potential Start of Service in Second Quarter of 2012.
Summary of Previous Activities:
In the spring of 2008, meetings were held among
municipal officials in northern Rock and northwest Walworth Counties to explore the
need and interest in improving public transportation services in the region. As a result,
a grant application was submitted to the Wisconsin Department of Transportation
(WisDOT) and a grant was awarded later that year to study the need for a commuter
bus service in the corridor from Janesville through Milton to Whitewater; as well as local
shared ride taxi service within the City of Milton and improvements to the existing
shared-ride service in the City of Whitewater.
The study took place during 2009 and 2010, and reports on the findings of the study
and proposals for public transit services in the region resulting from those findings were
made to stakeholders and decision-makers in the region; including the Whitewater,
Milton and Janesville City Councils, the Chancellor of the University of Wisconsin-
Whitewater and his management team, and the UW-Whitewater Student Senate. All
three City Councils supported the study and its findings. However, the UW-Whitewater
Student Senate, which must approve the use of Segregated University Fees contributed
by the student body for various services, voted-down a proposal for a $5.00 per
semester fee to support the bus service in the spring of 2010. The three cities were not
in a position to fund the service, and other possible contributors were not identified at
that time, so the proposal became dormant.
In May, 2010, the Council passed a motion authorizing City staff to continue
discussions and negotiations with the University, the other cities and other
interested or affected parties which could lead to a proposal to start some type of
service in the future. When and if such a consensus was reached, the Administration
would return to the Council with a further report and seek Council’s authorization for the
City’s participation in providing the service and contractual authority to enter into an
operating agreement with one or more sponsors.
Now, as the result of discussions over the last several months with the City of
Whitewater and a major private sector employer in that community, the Administration
believes that it is appropriate to return as promised to update the Council on our
progress toward finally establishing this service.
Update and Discussion of Current Situation:
In the fall of 2011, Generac Power
Systems, Inc. the largest private employer in the city of Whitewater, announced a major
1
expansion of its operations, including plans to hire about 500 additional employees. In
response to this news, the transit system contacted the City of Whitewater to explore
the possibility of approaching Generac about any interest that it might have in commuter
service to connect it with the Janesville and Rock County local labor market. As a
result, a meeting was held with Generac officials and the Whitewater City Manager on
December 14, 2011 to gauge their interest and present very general proposals of what
a service for their employees might look-like and cost. The Janesville Area MPO
prepared a survey at Generac’s request that the company could distribute to its current
employees to gauge interest in potential commuter service to Janesville and Rock
County. Results of this informal survey were positive enough that Generac
management indicated that they wished to give the idea of commuter service more
thought and asked for some time to consider their options, including how they might
finance their share of the operating cost.
In early February, 2012, discussions continued with Generac officials about further
interest that they might have in commuter service. This discussion reaffirmed
Generac’s interest in such a service, pending their ability to arrange financing.
Information was exchanged with Generac on potential service details and budgetary
estimates to assist their decision making. Most recently, the Whitewater City Manager
th
arranged a meeting on March 15 for a further discussion of the proposed commuter
service with Generac officials and other potentially interested businesses. At this
meeting, Generac officials committed to providing the local share for the service and
strongly indicated their desire that it begin as soon as possible. They plan to participate
in the April 18 Job Fair at the Rock County Job Center and are hopeful to be able to tell
prospective employees at that event that the service will be available. At that meeting,
we discussed an April 30, 2012 start date for the service, pending Council approval, and
assuming that all arrangements can be made by that date. There will be another
meeting in Whitewater on Thursday, March 22 at which time we plan to finalize
arrangements, pending Council approval and authorization to enter into a contract with
Generac and any other sponsors to provide the service. That authorization is contained
in Resolution 2012-899, which will be presented to the Council at its meeting on April 9,
2012, along with Resolution 2012-900 amending the 2012 Transit System budget to
account for the revenues and expenditures associated with the new service.
Description of Proposed Service:
Service under the proposed contract will commence on April 30, 2012 and
operate through December 31, 2012.
Service will be timed and operated to coincide with Generac’s three work shifts
which begin at 6:00 AM, 2:00 PM and 10:00 PM.
stndrd
The 1 and 2 shifts work Monday-Friday; the 3 Shift works Sunday-Thursday.
Service will be provided on 170 weekdays with three trips per weekday, and 36
rd
Sundays with one evening trip per Sunday for the 3 Shift.
In accordance with Federal Transit Administration regulations, the service will be
open at all times to the general public as well as Generac employees, so we
anticipate that employees of other businesses in Whitewater as well as University
staff and students who’s travel plans can be adapted to the schedule may also
2
use the service.
Generac understands and accepts the fact that others may ride the service and
also that the fares paid by these persons contribute to the overall revenue for the
service and reduce the company’s liability for the sponsor’s share of the service
cost.
Additional service above and beyond that required by Generac would depend on
additional funding partners joining a sponsoring consortium to underwrite the
sponsors share of that additional service.
Budgetary Impact:
The following estimated expenses will be incurred and revenues received for the
operation of the service for the balance of 2012. Expenses are based on a fully
burdened rate of $94.00 per hour, including wages, direct operating costs and all
overhead.
Estimated Operating Cost: (4/30 – 12/31/12): $128,310
Anticipated Revenues to Offset Operating Cost
State and Federal Assistance: 53% $ 68,005
o
Farebox Revenue: 15% $ 19,247
o
Sponsors Share: 32% $ 41,058
o
th
Following the presentation on March 26, MPO Coordinator Terry Nolan and I
will be available to answer any questions that Councilmembers may have on the report
or the proposed service.
City Manager Recommendation:
I am supportive of this expansion if the budget can be supported through Federal and
State assistance and other non-property tax revenues. One goal the Council has had is
to increase job opportunities for citizens and this provides a regional employment
opportunity for Janesville citizens.
cc: Eric Levitt, City Manager
Jay Winzenz, Director of Administration/Assistant City Manager
Jennifer Petruzzello, Director of Neighborhood Services
3
Janesville-Milton-Whitewater Route
Janesville View
Milton View
Whitewater View
CITY MANAGER’S OFFICE MEMORANDUM
March 12, 2012
TO: City Council
FROM:Rebecca Smith, Management Assistant
SUBJECT: Action on a proposed resolution recognizing the City of Janesville’s
support for the Beloit-Janesville Peace Trail (File Res. No. 2012-895)
Request
The Rock County Trail Coalition requested the City of Janesville show their support for
the Beloit-Janesville Peace trail through formal resolution. This request was also made
to several other area jurisdictions. Rock County, City of Beloit, as well as Rock and
Beloit Townships have approved similar resolutions for trail support.
Parks Director’s Recommendation
Janesville is proud of its 26 mile paved trail system. Janesville has a long history of
supporting trails and linkages. In 1984 the City became a part of the 1,100 mile
Wisconsin Ice Age Trail system. In 1987 Janesville acquired 4 miles of abandoned
railroad grade along Afton Road with the stated goal of linking our community via trail to
Afton and Beloit. Completing the Beloit-Janesville Peace Trail would allow users to
travel 11 miles between our communities. Once the new Highway 26 bike trail is
completed in 2014, users will be able to travel 55 miles from Beloit to Watertown. I
recommend the Council approve Resolution No. 2012-895 to formally recognize the City
of Janesville’s support for the Beloit-Janesville Peace Trail.
City Manager Recommendation
The City Manager concurs with the recommendation to approve Resolution No. 2012-
895.
Suggested Motion
I move to adopt Resolution No. 2012-895 to formally recognize the City of Janesville’s
support for the Beloit-Janesville Peace Trail.
Beloit-Janesville Peace Trail
Janesville’s portion of the Peace Trail extends south from Rockport Road, past the Tripp
Road parking lot at the entrance road into the Janesville Wastewater Treatment Plant
and terminates at Eau Claire Road. The gravel trail expansion from the Tripp Road
parking lot to Eau Claire Road was made possible by the City’s purchase of the Morris
property in 2011. This section was Janesville’s last needed section to complete our
efforts in the joint Beloit-Janesville Peace Trail.
Since 1991 the Rock Trail Coalition, Inc, a 501(c)3 non-profit organization, has been
working with area municipalities to obtain an off-road transportation corridor for bicycling
and pedestrian uses to connect the Cities of Beloit and Janesville. In recent years a
group of interested volunteers and staff from the affected communities started meeting
1
to develop strategic plans to complete the Beloit-Janesville Peace Trail. In 2011 a
consultant was hired to develop a feasibility and corridor study, and the results should
be published soon. The Coalition is also working with adjacent property owners to
obtain trail easements; the Coalition feels that having resolutions of support from area
municipalities will help in their efforts to both apply for grant assistance and unite local
jurisdictions in completing this trail.
CC: Eric Levitt, City Manager
Jacob J. Winzenz, Assistant City Manager
2
FILE RESOLUTION NO. 2012-895
A resolution recognizing the City of Janesville’s support for the Beloit-Janesville
Peace Trail
WHEREAS
, Janesville has a long history of supporting the development of bicycle and
pedestrian trails, particularly those that allow for connectivity to already developed trail
systems; and
WHEREAS
, a sound and functional bicycle and pedestrian network provides citizens of
the City of Janesville with a safe, scenic and energy-efficient alternate to current
transportation infrastructure by decreasing motor vehicle traffic, air pollution, reducing
wear and damage to roads and providing transportation alternatives to motor vehicles;
and
WHEREAS
, Janesville’s portion of the Peace Trail extends from Rockport Road south
to Eau Claire Road; and
WHEREAS
, efforts, including the development of the Beloit-Janesville Bicycle Route
Corridor Master Plan and Feasibility Study, are underway to expand the trail further
south through area townships to the City of Beloit; and
WHEREAS
, if the Peace Trail is extended, trail users would be able to travel from the
City of Beloit north through Janesville to Watertown;
WHEREAS
, the Janesville Parks Division & Community Development are engaged in
the Beloit-Janesville Bicycle Route Corridor Master Plan and Feasibility Study process,
and have contributed towards the selection of preferred routes from the City of
Janesville to the City of Beloit, including routing that passes through area townships;
and
WHEREAS
, the Janesville Park & Open Space Plan calls upon the City to provide a
well-integrated network of sidewalks, recreation paths and trails, and bike lanes
throughout the City that connect with other facilities in the area; and
WHEREAS
, The Janesville Area 2005-2035 Long Range Transportation Plan
recommends the extension of the Peace Trail from Janesville to Beloit; and
WHEREAS
, longtime area volunteers and the Rock Trail Coalition are pledging
partnerships and funding to help make this trail a reality by working with area
municipalities and adjacent residents to obtain possible easements and state and
federal grant funding; and
NOW, THEREFORE BE IT RESOLVEDby the Common Council of the City of
Janesville
on this 26th day of March, 2012, that the City of Janesville formally resolves
our support for the Beloit-Janesville Peace Trail; and
BE IT FURTHER RESOLVED by the Common Council
that the City of Janesville
endorses the Beloit-Janesville Bicycle Route Corridor Master Planning and Feasibility
Study process.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Dongarra-Adams
Liebert
Eric J. Levitt, City Manager
McDonald
Rashkin
ATTEST:
Steeber
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by: Rock Trail Coalition
Prepared by: Mgt Asst
DEPARTMENT OF PUBLIC WORKS MEMORANDUM
26 March 2012
TO: City Council
FROM: Mike Payne, Engineering Manager
SUBJECT: ACTION ON A PROPOSED PRELIMINARY RESOLUTION
FOR ASSESSABLE SEWER, WATER, AND LATERALS
AND SCHEDULE A PUBLIC HEARING FOR THE FINAL
RESOLUTION (FILE RES. NO. 2012-896)
Summary:
The Resolution includes sanitary sewer, water main, and related sewer and water
laterals in two separate areas of the City. The City received a request for services from
Agrace HospiceCare who owns property at 3301 Sandhill Drive located at the
southwest corner of Sandhill Drive and N. Wright Road. Also the City has been working
with the owner of Wedges bar/restaurant located at 2160 Golf Course Road and the
Board of Trustees for Elk Lodge 254 located at 2100 N. Washington Street to extend
gravity sewer to their properties.
By adopting this Preliminary Resolution, the City is declaring its intent to assess the
abutting properties benefited by these improvements. Category I includes sanitary
sewer, water main, and sewer and water laterals. Category II includes sanitary sewer
and sewer and water laterals. Category III includes water main (for assessment
purposes only).
Engineering Division Recommendation:
The Engineering Division recommends Preliminary Resolution No. 2012-896 be
adopted and the Final Resolution and public hearing be set for Monday, April 9, 2012.
City Manager’s Recommendation:
The City Manager concurs with the Engineering Division.
Suggested Motion:
I move to adopt Preliminary Resolution No. 2012-896 and set the Final Resolution and
public hearing for Monday, April 9, 2012.
Attachment
- Resolution 2012-896
cc: Eric Levitt
Jacob J Winzenz
Carl Weber
CITY OF JANESVILLE 26 MARCH 2012
CONTRACT 2012-11, SEWER AND WATER ASSESSMENTS PAGE (1) OF (4)
RESOLUTION NO. 2012-896
PRELIMINARY RESOLUTION
PRELIMINARY RESOLUTION DECLARING INTENT TO EXERCISE SPECIAL
ASSESSMENT POWERS UNDER SECTION 66.0703, WISCONSIN STATUTES AND
REQUIRING INSTALLATION OF WATER, SEWER, AND GAS SERVICE PIPES AND
PROVIDING FOR ASSESSMENT OF COSTS UNDER SECTION 66.0911, WISCONSIN
STATUTES;
RESOLVED, By the Common Council of the City of Janesville, Wisconsin.
1. The Common Council hereby declares its intention to exercise its power pursuant to
S.66.0703 and S.66.0911, Laws of the State of Wisconsin, to levy special assessments on a reasonable
basis upon property abutting the following described streets, pursuant to its police powers, by
improvement of the said streets to further facilitate traffic flow and safety, and to assist in providing for
the safety, health, and general welfare of the public, to-wit:
I. SANITARY SEWER, WATER MAIN, AND SEWER AND WATER LATERALS
All Property Fronting
Upon Each Side Of From To
Sandhill Drive N. Wright Road 550’ west of N. Wright Road
II. SANITARY SEWER, AND SEWER AND WATER LATERALS
All Property Fronting
Upon Each Side Of From To
Edgehill Drive Parkside Drive Golf Course Road
Golf Course Road (N side only) Edgehill Drive N. Washington Street
N. Washington Street (E side only) Golf Course Road 1,100 feet North of Golf Course Road
III. WATERMAIN ONLY (FOR ASSESSMENT PURPOSES ONLY)
All Property Fronting
Upon Each Side Of From To
N. Washington Street (E side only) Golf Course Road 300 feet North of Golf Course Road
CITY OF JANESVILLE 26 MARCH 2012
CONTRACT 2012-11, SEWER AND WATER ASSESSMENTS PAGE (2) OF (4)
RESOLUTION NO. 2012-896
2. Said public improvements shall include the above listed improvements on the various listed
streets to the grades established therefore by the City Council of the City of Janesville, Wisconsin, and
recorded in the Office of the City Clerk whether previously established or established in the future.
3. The property against which the assessments are proposed shall be benefited by the
improvements and said assessments shall be made upon a reasonable basis.
4. That the actual levy of the special assessment shall take place at the time of the adoption of
the final public works resolution by the Common Council of the City of Janesville concerning these
improvements. The property owner(s), if any property abutting and/or benefitting from this project is
located in Rock Township, against whose property such special assessment shall be levied under and by
this Resolution, shall have their payment obligation deferred, without interest accruing thereon, until
such time as their specific property is annexed or connects to such improvement(s), in which event the
special assessment shall be due and payable either in full or in five (5) annual installment payments, the
latter with interest accruing thereon from the date of annexation or connection. This method of payment
shall be approved and ratified by the Board of the Town of Rock in accord with Section 66.0707 of the
Wisconsin Statutes, and such other applicable provisions of law and intergovernmental agreement(s),
and shall act, once so ratified by the Rock Town Board, as a levied special assessment against such
abutting and/or benefiting properties in the Town of Rock. This levy and special assessment payment
provisions are in accord with the City of Janesville/Town of Rock Cooperative Boundary Plan, City of
Janesville Common Council Special Assessment Policy No. 63, related pertinent provisions, and the
Town of Rock/Janesville Highway 11 Bypass Agreement. The special assessment levy and payments
shall be made by the abutting, benefiting and affected property owners in accord with the LaPrairie and
Rock Township City of Janesville Highway 11 Bypass Agreement, as well as the Rock/Janesville
Cooperative Boundary Plan. This provision applies only to the properties located in the Town of Rock.
5. Excluding the assessment for the installation of sewer and water service pipes (lateral) and
the assessment against any parcel owned by an individual property owner may be: (a) paid in cash
upon completion of the work; or (b) paid with the taxes the first year following completion of the work; or
(c) at the election of the property owner, spread over a period of five (5) years with interest at six percent
(6%) per annum on the unpaid balance. The first installment on the five-year plan shall include one-fifth
of the principal with the interest for November and December on the unpaid portion and shall be so
entered in the Tax Roll. Each of the subsequent installments shall be entered in each of the annual tax
rolls thereafter until all are collected. Deferred payment on the aforementioned installments shall bear
interest at six (6%) per annum.
The assessments against any parcel for sewer and water service pipes shall constitute a lien
against such parcel and must be paid in cash or with the taxes in the year following the completion of the
work.
CITY OF JANESVILLE 26 MARCH 2012
CONTRACT 2012-11, SEWER AND WATER ASSESSMENTS PAGE (3) OF (4)
RESOLUTION NO. 2012-896
The assessments, as outlined above, pertain only to said individual property owners. The
assessments against all parcels of land owned by others, which include subdividers, land developers,
speculative builders, or owners of several or more lots on the same street or in the same area will be
billed upon completion of the work after which interest at six percent (6%) per annum will be charged
from the last day of the month of the billing. The assessments for said other owners may be: (a) paid in
cash upon completion of the work in the month of billing without interest; or (b) paid with the taxes the
first year following the completion of the work, the amount to be entered in the Tax Roll shall include the
unpaid principal with interest through the end of December in the year so entered; or, (c) at the election
of the property owner and with the approval of the Committee of Public Works, spread over a period of
five (5) years with interest at six percent (6%) per annum on the unpaid balance. The first installment on
the five-year plan shall include one-fifth of the principal with interest through the end of December in the
year so entered. Each of the subsequent installments shall be entered on each of the annual tax rolls
thereafter until all are collected. Deferred payment on the aforementioned installments shall bear
interest at six percent (6%) per annum.
6. The City Engineer is directed to prepare a report consisting of:
a. Final plans and specifications for said improvements,
b. An estimate of the entire cost of the proposed improvements,
c. A schedule of the proposed assessments, and
d. A statement showing that the property against which the assessments are proposed is
benefited, the improvement constituting an exercise of police powers.
Upon completing such report, the City Engineer is directed to file a copy thereof in the City
Clerk's Office for public inspection. The City Engineer is also directed to advertise for bids to carry out
such work of such improvements in accordance with the report.
7. Upon receiving the report of the City Engineer, the Clerk is directed to give notice of a Public
hearing on such report as specified in S.66.0703(7)(a), Wisconsin Statutes. The hearing shall be held at
the Council Chambers in the Municipal Building at a time set by the Clerk, in accordance with
S.66.0703(7)(a), Wisconsin Statutes.
8. The City has determined to undertake the capital improvements described in paragraph 1
above (the "Projects"). The City anticipates that moneys, other than the proceeds of any outstanding
debt of the City, will be expended by the City with respect to such capital improvements. The City
reasonably expects to be reimbursed for such expenditures with proceeds of its debt. The maximum
principal amount of debt expected to be issued for the reimbursement of such expenditures is
CITY OF JANESVILLE 26 MARCH 2012
CONTRACT 2012-11, SEWER AND WATER ASSESSMENTS PAGE (4) OF (4)
RESOLUTION NO. 2012-896
$5,000,000. No funds from sources other than the debt referred to above are, or are expected to be,
reserved, allocated on a long-term basis, or otherwise set aside by the City or any entity controlled by
the City pursuant to its budget or financial policies with respect to the Projects. This is consistent with
the budgetary and financial circumstances of the City. Copies of this resolution shall be made available
for public inspection in the manner required by law. This Resolution is a declaration of official intent
under Treasury Regulation Section 1.150-2.
ADOPTED:
MOTION BY:
APPROVED:
SECOND BY:
COUNCILMEMBER AYE NAY PASS ABSENT
Eric Levitt, City Manager
ATTEST: DONGARRA-ADAMS
LIEBERT
Jean Ann Wulf, City Clerk-Treasurer
McDONALD
APPROVED AS TO FORM:
RASHKIN
STEEBER
Wald Klimczyk, City Attorney
VOSKUIL
Proposed by: ENGINEERING DIVISION
Prepared by: ENGINEERING DIVISION
DEPARTMENT OF PUBLIC WORKS MEMORANDUM
26 March 2012
TO: City Council
FROM: Mike Payne, Engineering Manager
SUBJECT: ACTION ON A PROPOSED PRELIMINARY RESOLUTION
FOR ASSESSABLE STREET CONSTRUCTION
AND SCHEDULE A PUBLIC HEARING FOR THE FINAL
RESOLUTION (FILE RES. NO. 2012-897)
Summary:
The Resolution includes work necessary to extend Sandhill Drive west of N. Wright
Road as requested by Agrace HospiceCare. Agrace HospiceCare intends to construct
a new facility on property they own at 3301 Sandhill Drive located at the southwest
corner of Sandhill Drive and N. Wright Road.
By adopting this Preliminary Resolution, the City is declaring its intent to assess the
abutting properties benefited by these improvements. Category I includes preliminary
grading and graveling, new curb and gutter, and asphalt pavement.
Engineering Division Recommendation:
The Engineering Division recommends Preliminary Resolution No. 2012-897 be
adopted and the Final Resolution and public hearing be set for Monday, April 9, 2012.
City Manager’s Recommendation:
The CityManager concurs with the Engineering Division recommendation.
Suggested Motion:
I move to adopt Preliminary Resolution No. 2012-897 and set the Final Resolution and
public hearing for Monday, April 9, 2012.
Attachment
- Resolution 2012-897
- Agrace HospiceCare request for infrastructure
cc: Eric Levitt
Jacob J Winzenz
Carl Weber
CITY OF JANESVILLE 26 MARCH 2012
SANDHILL DRIVE EXTENSION ASSESSMENTS PAGE (1) OF (4)
RESOLUTION NO. 2012-897
PRELIMINARY RESOLUTION
PRELIMINARY RESOLUTION DECLARING INTENT TO EXERCISE SPECIAL
ASSESSMENT POWERS UNDER SECTION 66.0703, WISCONSIN STATUTES AND
REQUIRING INSTALLATION OF WATER, SEWER, AND GAS SERVICE PIPES AND
PROVIDING FOR ASSESSMENT OF COSTS UNDER SECTION 66.0911, WISCONSIN
STATUTES;
RESOLVED, By the Common Council of the City of Janesville, Wisconsin.
1. The Common Council hereby declares its intention to exercise its power pursuant to
S.66.0703 and S.66.0911, Laws of the State of Wisconsin, to levy special assessments on a reasonable
basis upon property abutting the following described streets, pursuant to its police powers, by
improvement of the said streets to further facilitate traffic flow and safety, and to assist in providing for
the safety, health, and general welfare of the public, to-wit:
I. STREET CONSTRUCTION INCLUDING: PRELIMINARY GRADING AND GRAVELING,
NEW CURB AND GUTTER, AND ASPHALT PAVEMENT
All Property Fronting
Upon Each Side Of From To
Sandhill Drive N. Wright Road 550 feet west of N. Wright Road
2. Said public improvements shall include the above listed improvements on the various listed
streets to the grades established therefore by the City Council of the City of Janesville, Wisconsin, and
recorded in the Office of the City Clerk whether previously established or established in the future.
3. The property against which the assessments are proposed shall be benefited by the
improvements and said assessments shall be made upon a reasonable basis.
4. That the actual levy of the special assessment shall take place at the time of the adoption of
the final public works resolution by the Common Council of the City of Janesville concerning these
improvements. The property owner(s), if any property abutting and/or benefitting from this project is
located in Rock Township, against whose property such special assessment shall be levied under and by
this Resolution, shall have their payment obligation deferred, without interest accruing thereon, until
CITY OF JANESVILLE 26 MARCH 2012
SANDHILL DRIVE EXTENSION ASSESSMENTS PAGE (2) OF (4)
RESOLUTION NO. 2012-897
such time as their specific property is annexed or connects to such improvement(s), in which event the
special assessment shall be due and payable either in full or in five (5) annual installment payments, the
latter with interest accruing thereon from the date of annexation or connection. This method of payment
shall be approved and ratified by the Board of the Town of Rock in accord with Section 66.0707 of the
Wisconsin Statutes, and such other applicable provisions of law and intergovernmental agreement(s),
and shall act, once so ratified by the Rock Town Board, as a levied special assessment against such
abutting and/or benefiting properties in the Town of Rock. This levy and special assessment payment
provisions are in accord with the City of Janesville/Town of Rock Cooperative Boundary Plan, City of
Janesville Common Council Special Assessment Policy No. 63, related pertinent provisions, and the
Town of Rock/Janesville Highway 11 Bypass Agreement. The special assessment levy and payments
shall be made by the abutting, benefiting and affected property owners in accord with the LaPrairie and
Rock Township City of Janesville Highway 11 Bypass Agreement, as well as the Rock/Janesville
Cooperative Boundary Plan. This provision applies only to the properties located in the Town of Rock.
5. Excluding the assessment for the installation of sewer and water service pipes (lateral) and
the assessment against any parcel owned by an individual property owner may be: (a) paid in cash
upon completion of the work; or (b) paid with the taxes the first year following completion of the work; or
(c) at the election of the property owner, spread over a period of five (5) years with interest at six percent
(6%) per annum on the unpaid balance. The first installment on the five-year plan shall include one-fifth
of the principal with the interest for November and December on the unpaid portion and shall be so
entered in the Tax Roll. Each of the subsequent installments shall be entered in each of the annual tax
rolls thereafter until all are collected. Deferred payment on the aforementioned installments shall bear
interest at six (6%) per annum.
The assessments against any parcel for sewer and water service pipes shall constitute a lien
against such parcel and must be paid in cash or with the taxes in the year following the completion of the
work.
The assessments, as outlined above, pertain only to said individual property owners. The
assessments against all parcels of land owned by others, which include subdividers, land developers,
speculative builders, or owners of several or more lots on the same street or in the same area will be
billed upon completion of the work after which interest at six percent (6%) per annum will be charged
from the last day of the month of the billing. The assessments for said other owners may be: (a) paid in
cash upon completion of the work in the month of billing without interest; or (b) paid with the taxes the
first year following the completion of the work, the amount to be entered in the Tax Roll shall include the
unpaid principal with interest through the end of December in the year so entered; or, (c) at the election
of the property owner and with the approval of the Committee of Public Works, spread over a period of
five (5) years with interest at six percent (6%) per annum on the unpaid balance. The first installment on
the five-year plan shall include one-fifth of the principal with interest through the end of December in the
year so entered. Each of the subsequent installments shall be entered on each of the annual tax rolls
CITY OF JANESVILLE 26 MARCH 2012
SANDHILL DRIVE EXTENSION ASSESSMENTS PAGE (3) OF (4)
RESOLUTION NO. 2012-897
thereafter until all are collected. Deferred payment on the aforementioned installments shall bear
interest at six percent (6%) per annum.
6. The City Engineer is directed to prepare a report consisting of:
a. Final plans and specifications for said improvements,
b. An estimate of the entire cost of the proposed improvements,
c. A schedule of the proposed assessments, and
d. A statement showing that the property against which the assessments are proposed is
benefited, the improvement constituting an exercise of police powers.
Upon completing such report, the City Engineer is directed to file a copy thereof in the City
Clerk's Office for public inspection. The City Engineer is also directed to advertise for bids to carry out
such work of such improvements in accordance with the report.
7. Upon receiving the report of the City Engineer, the Clerk is directed to give notice of a Public
hearing on such report as specified in S.66.0703(7)(a), Wisconsin Statutes. The hearing shall be held at
the Council Chambers in the Municipal Building at a time set by the Clerk, in accordance with
S.66.0703(7)(a), Wisconsin Statutes.
8. The City has determined to undertake the capital improvements described in paragraph 1
above (the "Projects"). The City anticipates that moneys, other than the proceeds of any outstanding
debt of the City, will be expended by the City with respect to such capital improvements. The City
reasonably expects to be reimbursed for such expenditures with proceeds of its debt. The maximum
principal amount of debt expected to be issued for the reimbursement of such expenditures is
$5,000,000. No funds from sources other than the debt referred to above are, or are expected to be,
reserved, allocated on a long-term basis, or otherwise set aside by the City or any entity controlled by
the City pursuant to its budget or financial policies with respect to the Projects. This is consistent with
the budgetary and financial circumstances of the City. Copies of this resolution shall be made available
for public inspection in the manner required by law. This Resolution is a declaration of official intent
under Treasury Regulation Section 1.150-2.
CITY OF JANESVILLE 26 MARCH 2012
SANDHILL DRIVE EXTENSION ASSESSMENTS PAGE (4) OF (4)
RESOLUTION NO. 2012-897
ADOPTED:
MOTION BY:
APPROVED:
SECOND BY:
COUNCILMEMBER AYE NAY PASS ABSENT
Eric Levitt, City Manager
ATTEST: DONGARRA-ADAMS
LIEBERT
Jean Ann Wulf, City Clerk-Treasurer
McDONALD
APPROVED AS TO FORM:
RASHKIN
STEEBER
Wald Klimczyk, City Attorney
VOSKUIL
Proposed by: ENGINEERING DIVISION
Prepared by: ENGINEERING DIVISION
Community Development Department Memorandum
Date: March 26, 2012
TO: Janesville City Council
FROM: Duane Cherek, Manager of Planning Services
SUBJECT: Introduce and schedule a public hearing on a proposed ordinance
detaching a portion of 3601 South River Road located between the Rock
River and South River Road (File Ordinance No. 2012-513).
_____________________________________________________________________
Art Donaldson has submitted a petition to detach a portion of property that he owns at
3601 South River Road; the portion of said property that is located between the Rock
River and South River Road.
State Law has provisions for detachment of property which require that the City Council
adopt a detachment ordinance by three-quarters vote following a public hearing. In
addition, Rock Township will be required to adopt an ordinance annexing the property.
Plan Commission review is not necessary.
The Community Development Department recommends that Ordinance No. 2012-513
be introduced for its first reading and then scheduled for a public hearing on May 14,
2012.
cc: Eric Levitt
Jay Winzenz
ORDINANCE NO. 2012-513
An ordinance detaching territory in the NW ¼ of Section 22, T.3N., R.12E. of the
th
4 P.M., City of Janesville, Rock County, Wisconsin.
WHEREAS
, a petition has been filed with the City Clerk, signed by all owners of the
taxable land and such territory; and
WHEREAS
, the necessary notices have been given; and
WHEREAS
, not more than 60 days have passed since filing of the detachment petition
with the City Clerk; and
WHEREAS
, the City Council has determined that the detachment is in the public
interest.
NOW, THEREFORE, BE IT RESOLVED
, the Common Council of the City of Janesville
do ordain as follows:
SECTION I
: The territory described as follows is hereby detached from the City of
Janesville:
TH
PART OF THE NW 1/4 OF SECTION 22, T.3N., R.12E. OF THE 4 P.M., CITY OF
JANESVILLE, ROCK COUNTY, WISCONSIN.
DESCRIBED AS FOLLOWS: Beginning at the point of intersection with the North
Line of the NW 1/4 of said Section and the Centerline of Rock River; thence Easterly
along said North Line, 250 feet, more or less to the East Right-of-Way Line of S.
River Road; thence Southerly along said East Line 400 feet, more or less to its
intersection with a Line parallel to and 400 feet, measured at Right angles, Southerly
of said North Line; thence Westerly along said parallel Line, 250 feet, more or less,
to said Centerline of Rock River; thence Northerly along said Centerline, 400 feet,
more or less to the place of beginning.
SECTION II:
After the detachment becomes effective, the above-described property
shall be exempt from further taxation and assessments by the City of Janesville and
henceforth be subject to taxation and assessments as part of the Town of Rock for any
and all purposes provided by law.
ORDINANCE NO. 2012-513
PAGE 2
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: Applicant
Prepared by: Community Development Department
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Community Development Department Memorandum
Date: March 26, 2012
TO: Janesville City Council
FROM: Duane Cherek, Planning Services Manager
SUBJECT: Introduce and schedule a public hearing on a proposed ordinance
annexing property adjoining U.S. Highway 51 east of the Southern
Wisconsin Regional Airport (File Ordinance No. 2012-514); and
Introduce, refer to Plan Commission and schedule a public hearing on a
proposed ordinance zoning annexing property adjoining U.S. Highway 51
located east of the Southern Wisconsin Regional Airport to M1 upon
annexation (File Ordinance No. 2012-515).
_____________________________________________________________________
The City of Janesville has submitted a unanimous petition to annex approximately 3.9
acres of land adjoining U.S. Highway 51 east of the Southern Wisconsin Regional
Airport. The annexation area includes a strip of land that extends along the west
perimeter of Industrial TIF District No. 35 on the City’s far south side. The subject
property is currently in agricultural use. This property is being annexed in conjunction
with a proposed detachment of land adjoining South River Road west of the airport
(Ordinance No. 2012-513) for purposes of maintaining a physical connection to other
properties located in Rock Township north of the airport. Ordinance No. 2012-514 has
been prepared to allow the annexation to become effective following approval of the
detachment of property along South River Road by Rock Township, consistent with
State Law.
Coincident with the annexation ordinance, the Community Development Department
has prepared an ordinance to zone the property to M1, Light Industrial, District.
The Community Development Department recommends that following the first reading
of Ordinance No. 2012-514 and Ordinance No. 2012-515, that they both be set for
public hearing on May 14, 2012. 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. 2012-515 be referred to the
Plan Commission for review and recommendation.
cc: Eric Levitt
Jay Winzenz
ORDINANCE NO. 2012-514
An ordinance annexing territory in Section 13 in T.2N., R.12E. of the 4th P.M., Town of Rock,
Rock County, Wisconsin.
WHEREAS
, a petition signed by the owner of the land within such territory proposed to be annexed
has been filed with the City Clerk; and
WHEREAS
, there are no electors residing in the territory; and
WHEREAS
, the necessary notices have been duly prepared, provided and served as required by law
to all persons affected; and
WHEREAS
, this ordinance does not contain temporary zoning; and
WHEREAS
, the Department of Administration has not found the proposed annexation to be against
the public interest; and
WHEREAS
, the Common Council has determined that this annexation is in the public interest.
NOW THEREFORE THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS:
SECTION I.
The territory described as follows is hereby attached to the City of Janesville.
PART OF THE SE ¼ OF THE SW ¼ OF SECTION 13 AND PART OF THE NW 1/4 OF SECTION 24,
TH
T.2N., R.12E. OF THE 4 P.M., TOWN OF ROCK, ROCK COUNTY, WISCONSIN.
DESCRIBED AS FOLLOWS: Commencing at an aluminum monument at the North 1/4 Corner of
said Section 24; thence S.0°43’12”E. along the North-South Centerline of said Section, 400.30 feet to
an iron pin monument on the South Line of a Parcel described in Document No. 1690897; thence
S.0°43’12”E. continuing along said North-South Centerline, 1692.15 feet to an iron pin on the
Easterly extension of the North Line of a tract described in Document No. 1401544; thence
N.89°04’46”W. along said North Line and its extension, 2477.53 feet, also being at the place of
beginning for the land to be herein described; thence N.6°58’46”E. 2.22 feet; thence N.15°55’12”E.
542.01 feet; thence N.21°33’01”E. 230.09 feet; thence N.18°14’52”E. 233.64 feet; thence
N.47°44’21”E. 625.53 feet; thence N.44°27’40”E. 432.15 feet to said South Line of said Parcel
(Document No. 1690897); thence S.88°30’01”E. along said South Line, 89.59 feet; thence
N.0°5’48”W. 1704.64 feet to a point on the North Line of the SE ¼ of the SW ¼ of section 13; thence
N.89°5’33”W. along said North Line 33.00 feet to a concrete monument at the NW Corner of the SE
¼ of the SW ¼ of said Section 13; thence S.0°5’48”E. 1318.61 feet to an iron pin at the SW Corner of
the SE ¼ of the SW ¼ of said Section 13; thence S.0°38’53”E. along the East Line of a tract
described in Document No. 704142 a distance of 252.96 feet to an iron pin; thence S.44°27’40”W.
along the SE Line of said tract, 565.57 feet to an iron pin at the most Easterly Corner of Parcel 6A of
Document No. 728606; thence S.47°44’21”W. along said SE Line, 637.26 feet to an iron pin along SE
Line of said Parcel 6A and on the East Right of Way line South US Highway 51; thence
S.18°14’52”W. continuing along said Right of Way Line, 245.36 feet; thence S.21°33’01”W.
continuing along said Right of Way Line, 231.11 feet; thence S.15°55’12”W. continuing along said
Right of Way
ORDINANCE NO. 2012-514
PAGE 2
Line, 548.38 feet; thence S.6°58’46”W. continuing along said Right of Way Line, 11.44 feet; thence
S.89°04’46”E. 50.28 feet to the place of beginning. Contains 3.9 acres.
SECTION II.
After this annexation becomes effective, the above described property shall be exempt
from and not subject to further taxation and assessments in the Town of Rock and
thence forth shall be subject to taxation and assessment as part of the City of Janesville for any and
all purpose provided by law.
SECTION III.
All the territory attached by this ordinance is hereby made part of Ward 30 of the City of
Janesville.
SECTION IV.
There are no residents in the area proposed for annexation.
SECTION V.
The annexation is within the Janesville School District.
SECTION VI.
This ordinance shall not take effect until the Rock Town Board adopts an ordinance
accepting the terms of City of Janesville Ordinance No. 2012-513 detaching a portion of 3601 South
River Road located between the Rock River and South River Road. Following said action by the
Rock Town Board, this ordinance shall become effective immediately, 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
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. 2012-515
An ordinance changing and establishing the zoning classification of property located east of
the Southern Wisconsin Regional Airport to M1.
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
M1, Light Industrial District:
PART OF THE SE ¼ OF THE SW ¼ OF SECTION 13 AND PART OF THE NW 1/4 OF SECTION 24,
TH
T.2N., R.12E. OF THE 4 P.M., TOWN OF ROCK, ROCK COUNTY, WISCONSIN.
DESCRIBED AS FOLLOWS: Commencing at an aluminum monument at the North 1/4 Corner of
said Section 24; thence S.0°43’12”E. along the North-South Centerline of said Section, 400.30 feet to
an iron pin monument on the South Line of a Parcel described in Document No. 1690897; thence
S.0°43’12”E. continuing along said North-South Centerline, 1692.15 feet to an iron pin on the
Easterly extension of the North Line of a tract described in Document No. 1401544; thence
N.89°04’46”W. along said North Line and its extension, 2477.53 feet, also being at the place of
beginning for the land to be herein described; thence N.6°58’46”E. 2.22 feet; thence N.15°55’12”E.
542.01 feet; thence N.21°33’01”E. 230.09 feet; thence N.18°14’52”E. 233.64 feet; thence
N.47°44’21”E. 625.53 feet; thence N.44°27’40”E. 432.15 feet to said South Line of said Parcel
(Document No. 1690897); thence S.88°30’01”E. along said South Line, 89.59 feet; thence
N.0°5’48”W. 1704.64 feet to a point on the North Line of the SE ¼ of the SW ¼ of section 13; thence
N.89°5’33”W. along said North Line 33.00 feet to a concrete monument at the NW Corner of the SE
¼ of the SW ¼ of said Section 13; thence S.0°5’48”E. 1318.61 feet to an iron pin at the SW Corner of
the SE ¼ of the SW ¼ of said Section 13; thence S.0°38’53”E. along the East Line of a tract
described in Document No. 704142 a distance of 252.96 feet to an iron pin; thence S.44°27’40”W.
along the SE Line of said tract, 565.57 feet to an iron pin at the most Easterly Corner of Parcel 6A of
Document No. 728606; thence S.47°44’21”W. along said SE Line, 637.26 feet to an iron pin along SE
Line of said Parcel 6A and on the East Right of Way line South US Highway 51; thence
S.18°14’52”W. continuing along said Right of Way Line, 245.36 feet; thence S.21°33’01”W.
continuing along said Right of Way Line, 231.11 feet; thence S.15°55’12”W. continuing along said
Right of Way Line, 548.38 feet; thence S.6°58’46”W. continuing along said Right of Way Line, 11.44
feet; thence S.89°04’46”E. 50.28 feet to the place of beginning. Contains 3.9 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
Eric J. Levitt, City Manager
Dongarra-Adams
Liebert
ATTEST:
McDonald
Rashkin
Jean Ann Wulf, City Clerk-Treasurer
Steeber
Voskuil
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by: Community Development Department
Prepared by: Community Development Department
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