Full Agenda Packet
Revised 5/7/09
CITY OF JANESVILLE
CITY COUNCIL MEETING AGENDA
MONDAY, May 11, 2009
7:00 P.M.
1. Call to Order and Pledge of Allegiance.
2. Roll Call.
3. Minutes of City Council meetings: “C”
A.Regular meeting of April 27, 2009.
B.Closed session of April 27, 2009.
4. Licenses; and Recommendations of the Alcohol License Advisory
Committee including an appeal of the denial of a Temporary
Class B License by Independent Order of Odd Fellows.
(Refer to separate agenda.) “C”
5. Authorization for the Administration to accept a liability claim
from State Farm Insurance (Daniel and April Halbach) in the
amount of $5,250. “C”
6. Action on a proposed resolution recognizing the week of May 17 as
“Emergency Medical Services Week”. (File Res. No. 2009-604)
7. Action on a proposed resolution recognizing the week of May 17-23, 2009 as
“National Public Works Week.” (File Res. No. 2009-599)
OLD BUSINESS
1. Requests and comments from the public regarding items on the Agenda not
requiring a public hearing.
-----------------------
“C” – This designation indicates an item that the City Council will take up
under a Consent Agenda.
City Council Agenda – May 11, 2009
Page 2
OLD BUSINESS (CONTINUED)
2. Requests and comments from the public on matters which can be affected
by Council action.
3. Second reading, public hearing, and action on a proposed ordinance
amending transit bus fare rates for the Janesville Transit System with a
penalty as set forth in JGO 10.76.030. (File Ord. No. 2009-433)
4. Second reading, public hearing, and action on a proposed ordinance
regulating the display of material harmful to minors within the City of
Janesville. (File Ord. No. 2009-430)
5. Action on a proposed resolution re-approving the project plan for and
establishing the boundaries for Tax Increment Finance District No. 34 at the
Southern Wisconsin Regional Airport. (File Res. No. 2009-596)
NEW BUSINESS
1. Recommendation of the Plan Commission: Action on a proposed resolution
approving final plat of Afton Reserve. (File Res. No. 2009-598)
2. Action on a financial gain request from the Independent Order of Odd
Fellows to conduct “Rock n’ Thunder” at the Youth Sports Complex on July
2-4, 2009.
3. Review and approval of an economic development grant for Red Robin
International, owner of Red Robin Restaurant, located at 2430 Humes Road.
4. Review of and Council direction concerning a downtown parking structure
project.
5. Discussion and action on a proposal to construct a new salt storage facility
at the City Services Center.
City Council Agenda – May 11, 2009
Page 3
NEW BUSINESS (CONTINUED)
6. Award of Contracts 2009-10 (City Hall remodel – Information Technology
server room) and 2009-11 (water system improvements) for Public Works
Bid Schedule “D”-2009.
7. Reject bids for Neighborhood Services Bid Schedule D-2009 (Contract 2009-
A) for rehabilitation of 189 South High Street.
8. Action on a proposed resolution dissolving Tax Incremental Finance District
No. 7. (File Res. No. 2009-602)
9. Action on a proposed resolution dissolving Tax Incremental Finance District
No. 15. (File Res. No. 2009-603)
10. Introduce and schedule a public hearing on a proposed charter ordinance
amending the appointment provisions of the Plan Commission, Board of
Review, Library Board, and Zoning Board of Appeals and creating a charter
ordinance for the Community Development Authority to require
appointments to be made by the Common Council following consultation
with the Citizens Advisory Committee on Appointments in amended
Sections 2.20.010, 2.24.010, 2.28.010, 2.58.020, and newly created
Chapter 2.26. (File Charter Ord. No. 2009-007)
11. Introduce, refer to Plan Commission, and schedule a public hearing on a
proposed ordinance rezoning property located at 120 North Crosby Avenue
from O1, Office/Residence District, to B3, General Commercial.
(File Ord. No. 2009-437)
12. Consideration of forming an Ice Rink Advisory Committee.
13. Matters not on the agenda.
14. Motion to adjourn.
PROCEEDINGS OF THE CITY COUNCIL
CITY OF JANESVILLE, WISCONSIN
REGULAR MEETING
APRIL 27, 2009
VOL. 60
NO. 2
Regular meeting of the City Council of the City of Janesville held in the Municipal Building
on April 27, 2009. The meeting was called to order by Council President Truman at
7:00 PM. Council President Truman led the Council in the Pledge of Allegiance.
Present: Council President Truman, Councilmembers Brunner, McDonald, Perrotto,
Rashkin, Steeber, and Voskuil.
CONSENT AGENDA
Minutes of the regular meeting of April 13, 2009.
Minutes of the special meeting of April 21, 2009.
Minutes of the closed session of May 12, 2008.
Licenses and Recommendations of the Alcohol License Advisory Committee.
Financial statement for the month of March 2009.
Council President Truman stated the alcohol license applications for Jackalope, LLC and
Taasbag, LLC would be removed from the consent agenda and the remaining items would
be approved if there were no objections. There were none. Councilmember Steeber
moved to table the application for Jackalope, LLC, seconded by Councilmember Brunner.
Councilmember McDonald offered a friendly amendment to postpone action indefinitely
instead of tabling the application. The friendly amendment was accepted by the maker
and the seconder and the motion, as amended, passed unanimously. Councilmember
Steeber moved to approve Taasbag, LLC without restrictions, seconded by
Councilmember Rashkin. Councilmember McDonald offered a friendly amendment to add
a restriction of no music. The friendly amendment was accepted by the maker and
seconder and the motion, as amended, passed unanimously.
th
Action on a proposed resolution recognizing the week of May 10 as “National Police
th
Week” and the day of May 15 as “Peace Officers Memorial Day.” Councilmember
Steeber moved to adopt said resolution, seconded by Councilmember Brunner and passed
unanimously. (File Res. No. 2009-597)
OLD BUSINESS
1. Requests and comments from the public regarding items on the agenda not requiring a
public hearing. Joe Hoppenjon, 1112 Burbank, asked Council to consider employing
disabled individuals to clean the city; Andreah Briarmoon, 339 S. Locust St., spoke about
the disconnect notices sent by Alliant Energy to City residents; Julie Backenkeller, 719 N.
Grant Ave., spoke against the increase in water rates (New Business #2) and the new
water tower (New Business #3).
2. Requests and comments from the public on matters which can be affected by Council
action. Bill McCoy, 1326 Putnam Ave., asked Council to prepare Lions Beach for use by
the homeless and to allow trailers on Harold Ave. for use by the homeless; Thomas Meton,
100 N. Franklin St., asked Council not to raise bus fares (New Business #8); Andreah
Briarmoon, 339 S. Locust St., asked Council to announce people who are appointed to
committees, spoke against new water tower (New Business #3), and asked Council to
create a panel of real estate agents to advise Council on what homes to purchase under
the Neighborhood Stabilization Grant (New Business #4).
3. Presentation by Interim Police Chief David Moore and Sheriff Robert Spoden on heroin
activities in Rock County. Barbara Tillman, Chief Deputy, spoke in place of Sheriff
Spoden. No Council action was taken.
4. A proposed ordinance regulating the display of material harmful to minors within the City
of Janesville received its second reading and public hearing. Andreah Briarmoon, 339 S.
Locust St., and Marc McCrory, 507 Apache Dr., representing Spencer’s Gifts, spoke
against said ordinance. The public hearing was closed. Councilmember Steeber moved
to adopt said ordinance, seconded by Councilmember McDonald. Councilmember Steeber
offered a friendly amendment to postpone action on said ordinance until May 11, 2009,
Councilmember McDonald accepted the friendly amendment and the motion, as amended,
passed by the following vote: Aye: Brunner, McDonald, Perrotto, Steeber, Truman, and
Voskuil. Nay: Rashkin. (File Ord. No. 2009-430)
5. A proposed resolution authorizing the City Manager to execute a lease with Janesville
Youth Baseball, Inc. for the operations of the batting cages. Councilmember McDonald
moved to adopt said resolution, seconded by Councilmember Voskuil and passed
unanimously. (File Res. No. 2009-593)
6. Award of Contract C2009-9 (landfill scale replacement) for Public Works Bid Schedule
“C”-2009. Councilmember Steeber moved to award Contract C2009-9 to United Scale and
Engineering of Madison, WI in the amount of $76,602 with the intent to include $90,000 in
the 2009 note issue, seconded by Councilmember Perrotto and passed unanimously.
NEW BUSINESS
1. Action on a proposed resolution approving continuation of Worker Compensation
Limited Self-Insurance Program. Councilmember Rashkin moved to adopt said resolution,
seconded by Councilmember Steeber and passed unanimously. (File Res. No. 2009-586)
2. Action to authorize the City Manager to file a water rate increase with the Public Service
Commission. Councilmember Steeber moved to authorize the City Manager to file a water
rate increase with the Public Service Commission, seconded by Councilmember Perrotto
and passed by the following vote: Aye: Brunner, McDonald, Perrotto, Rashkin, Steeber,
and Voskuil. Nay: Truman.
3. Action on proposed resolutions authorizing the City Manager to proceed with
improvements to the Water Utility and to apply for a Wisconsin Safe Drinking Water Loan
and authorizing interfund borrowing to provide interim funding. Councilmember Steeber
moved to adopt said resolution, seconded by Councilmember Brunner and passed by the
following vote: Aye: Brunner, Perrotto, Rashkin, Steeber, Truman, and Voskuil. Nay:
McDonald. (File Res. Nos. 2009-600 and 2009-601)
4. Action on a proposed resolution establishing the acquisition process for acquiring
properties under the Neighborhood Stabilization Program. Councilmember Steeber moved
to adopt said resolution, seconded by Councilmember Rashkin and passed unanimously.
(File Res. No. 2009-592)
5. Action on a mutual cooperation agreement between the City of Janesville, the City of
Beloit, and Rock County under the Neighborhood Stabilization Program. Councilmember
Rashkin moved to approve the agreement, seconded by Councilmember Voskuil and
passed unanimously.
6. Authorization to apply for funding through the COPS Secure Our Schools grant program.
Councilmember Brunner moved to authorize application, seconded by Councilmember
Steeber and passed unanimously.
7. Committee appointments. Councilmember Steeber moved to approve the Council
President’s appointments, seconded by Councilmember Voskuil and passed unanimously.
8. A proposed ordinance amending transit bus fare rates for the Janesville Transit System
with a penalty as set forth in JGO 10.76.030 was introduced and scheduled for a public
hearing on May 11, 2009. (File Ord. No. 2009-433)
9. Matters not on the agenda. Councilmember Brunner requested staff contact the
property owner at 443 N. Grant Ave. about sidewalk letter. Councilmember McDonald
requested salt shed be scheduled on May 11, 2009 agenda; stated a call for vote is a
motion to end debate which needs to be seconded and voted on. Councilmember Voskuil
stated she received an inquiry asking police to watch for drivers sliding through 4-way stop
signs; requested City Administration assign staff to pick up trash in pit behind the Wal-Mart
property. Councilmember Rashkin thanked staff for efforts to help families facing loss of
power; requested staff prepare a presentation on emergency preparedness. City Manager
Levitt congratulated new Police Chief David Moore and stated the compressor at the Ice
Skating Center is down and will be out of service for 3-4 weeks. Council President Truman
congratulated new Police Chief David Moore and scheduled a codes enforcement study
session on May 26, 2009 at 5:00 PM.
10. Consideration of a motion to convene into closed session, excluding litigation, pursuant
to Wis. Stats. 19.85(1)(e) for the purpose of deliberating or negotiating the purchasing of
public properties, the investing of public funds, or conducting other specified public
business, whenever competitive or bargaining reasons require a closed session;
specifically concerning setting the negotiating and bargaining terms, conditions, and
provisions for: (1) potential acquisition of 107 South Locust Street for rehabilitation
purposes; (2) a downtown TIF redevelopment agreement; and (3) a TIF #29
redevelopment agreement. Councilmember Steeber moved to convene into closed
session, seconded by Councilmember Voskuil and passed unanimously.
There being no further business, Council convened into closed session at 9:56 PM.
These minutes are not official until approved by the City Council.
David T. Godek
Deputy Clerk-Treasurer
JANESVILLE CITY COUNCIL
LICENSE AGENDA
MAY 11, 2009
RECOMMENDED
A. ELECTRICIAN – ORIGINAL
Ross T. Davis N3085 Hwy. K, Jefferson, WI
Richard T. Sawasky 2319 Eaton Lane, Racine, WI
B. ORIGINAL CLASS B INTOXICATING LIQUOR AND FERMENTED MALT BEVERAGE LICENSE
CORVINAS
d/b/a Corvinas Exchange, LLC 123 E. Milwaukee St.
1
C. ORIGINAL CLASS B FERMENTED MALT BEVERAGE LICENSE
WISCONSIN HOCKEY PARTNERS
d/b/a Wisconsin Hockey Partners, LLC 821 Beloit Ave.
D. PREMISE TO PREMISE TRANSFER OF CLASS B LICENSE FROM 105 W MILWAUKEE ST. TO 2811
MILTON AVE., SUITE 6
GRAPEVINE WINE SHOP
d/b/a Grapevine Wine Shop, LLC 105 W. Milwaukee St.
E. ALCOHOL LICENSE RENEWALS FOR THE 2009-2010 LICENSE YEAR
(See Attached List)
DENIED
F. TEMPORARY CLASS B RETAILER’S LICENSE
INDEPENDENT ORDER OF ODD FELLOWS/ST. JUDES 22 N MAIN ST.
1
With sales limited to preseason, regular season, and playoff games commencing 30 minutes before the start of
the game and ending 5 minutes into the third period. The ALAC defers to the City Council for the designated no
alcohol consumption area.
CITY ATTORNEY’S OFFICE MEMORANDUM
April 24, 2009
TO: City Council
FROM: Tim Wellnitz, Assistant City Attorney
SUBJECT: Authorization for the Administration to Accept a Liability Claim from State
Farm Insurance (Daniel & April Halbach) in the Amount of $5,250.00
On September 2, 2008, Daniel and April Halbach’s home and personal property was
damaged by a sanitary sewer backup. This residence had a finished lower level. The
personal property claim submitted by the Halbachs was previously settled for $8,720.00.
On December 18, 2008 we received the expected subrogation claim from State Farm
Insurance Company for repairs to the Halbach’s home and removal and disposal of the
damaged personal property in the amount of $10,500.00. I have negotiated a
settlement of this claim in the amount of $5,250.00.
After investigating this claim it has been determined that the City should accept 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 accept the claim received from State Farm Insurance in the amount of $5,250.00.
cc: Eric Levitt, City Manager
Jacob J. Winzenz, Director of Administrative Services/Assistant City Manager
CITY ATTORNEY’S OFFICE MEMORANDUM
April 24, 2009
TO: City Council
FROM: Tim Wellnitz, Assistant City Attorney
SUBJECT: Authorization for the Administration to Accept a Liability Claim from State
Farm Insurance (Daniel & April Halbach) in the Amount of $5,250.00
On September 2, 2008, Daniel and April Halbach’s home and personal property was
damaged by a sanitary sewer backup. This residence had a finished lower level. The
personal property claim submitted by the Halbachs was previously settled for $8,720.00.
On December 18, 2008 we received the expected subrogation claim from State Farm
Insurance Company for repairs to the Halbach’s home and removal and disposal of the
damaged personal property in the amount of $10,500.00. I have negotiated a
settlement of this claim in the amount of $5,250.00.
After investigating this claim it has been determined that the City should accept 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 accept the claim received from State Farm Insurance in the amount of $5,250.00.
cc: Eric Levitt, City Manager
Jacob J. Winzenz, Director of Administrative Services/Assistant City Manager
CITY ATTORNEY’S OFFICE MEMORANDUM
April 24, 2009
TO: City Council
FROM: Tim Wellnitz, Assistant City Attorney
SUBJECT: Authorization for the Administration to Accept a Liability Claim from State
Farm Insurance (Daniel & April Halbach) in the Amount of $5,250.00
On September 2, 2008, Daniel and April Halbach’s home and personal property was
damaged by a sanitary sewer backup. This residence had a finished lower level. The
personal property claim submitted by the Halbachs was previously settled for $8,720.00.
On December 18, 2008 we received the expected subrogation claim from State Farm
Insurance Company for repairs to the Halbach’s home and removal and disposal of the
damaged personal property in the amount of $10,500.00. I have negotiated a
settlement of this claim in the amount of $5,250.00.
After investigating this claim it has been determined that the City should accept 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 accept the claim received from State Farm Insurance in the amount of $5,250.00.
cc: Eric Levitt, City Manager
Jacob J. Winzenz, Director of Administrative Services/Assistant City Manager
CITY ATTORNEY’S OFFICE MEMORANDUM
April 24, 2009
TO: City Council
FROM: Tim Wellnitz, Assistant City Attorney
SUBJECT: Authorization for the Administration to Accept a Liability Claim from State
Farm Insurance (Daniel & April Halbach) in the Amount of $5,250.00
On September 2, 2008, Daniel and April Halbach’s home and personal property was
damaged by a sanitary sewer backup. This residence had a finished lower level. The
personal property claim submitted by the Halbachs was previously settled for $8,720.00.
On December 18, 2008 we received the expected subrogation claim from State Farm
Insurance Company for repairs to the Halbach’s home and removal and disposal of the
damaged personal property in the amount of $10,500.00. I have negotiated a
settlement of this claim in the amount of $5,250.00.
After investigating this claim it has been determined that the City should accept 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 accept the claim received from State Farm Insurance in the amount of $5,250.00.
cc: Eric Levitt, City Manager
Jacob J. Winzenz, Director of Administrative Services/Assistant City Manager
CITY ATTORNEY’S OFFICE MEMORANDUM
April 24, 2009
TO: City Council
FROM: Tim Wellnitz, Assistant City Attorney
SUBJECT: Authorization for the Administration to Accept a Liability Claim from State
Farm Insurance (Daniel & April Halbach) in the Amount of $5,250.00
On September 2, 2008, Daniel and April Halbach’s home and personal property was
damaged by a sanitary sewer backup. This residence had a finished lower level. The
personal property claim submitted by the Halbachs was previously settled for $8,720.00.
On December 18, 2008 we received the expected subrogation claim from State Farm
Insurance Company for repairs to the Halbach’s home and removal and disposal of the
damaged personal property in the amount of $10,500.00. I have negotiated a
settlement of this claim in the amount of $5,250.00.
After investigating this claim it has been determined that the City should accept 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 accept the claim received from State Farm Insurance in the amount of $5,250.00.
cc: Eric Levitt, City Manager
Jacob J. Winzenz, Director of Administrative Services/Assistant City Manager
FIRE DEPARTMENT MEMORANDUM
April 27, 2009
TO: City Council
FROM: Gerry Luiting, Deputy Fire Chief
SUBJECT: Action on a proposed resolution recognizing the week of May 17th as
“Emergency Medical Services Week” (File Resolution No. 2009-604)
The Fire Department has prepared a resolution recognizing the service and dedication
of Janesville Fire Department Emergency Medical Technicians and Paramedics by
observing the week of May 17-23, 2009 as “Emergency Medical Services Week”.
The purpose of Emergency Medical Services Week is to bring local communities and
medical personnel together to publicize safety and honor the dedication of those who
provide the day-to-day lifesaving services of medicine's "front line." To celebrate this
week, the Fire Department is bringing forward a resolution for Council Action declaring
May 17-23, 2009 “Emergency Medical Services Week” in Janesville.
The City of Janesville Fire Department includes 89 firefighters who are Emergency
Medical Technicians or Paramedics. To honor these men and women, Resolution 2009-
604 states the City Council’s intent to observe the week of May 17-23, 2009 as
“Emergency Medical Services Week”.
Lieutenant/Paramedic Matthew Simpson, President of Janesville Firefighters Local 580,
will be present and will represent the Janesville Fire Department at the City Council
meeting in order to accept this recognition.
Recommendation
The Fire Department recommends that the City Council adopt Resolution 2009-604
recognizing the week of May 17-23, 2009 as “Emergency Medical Services Week”.
City Manager Recommendation
I concur with the Fire Department recommendation.
cc: Eric Levitt, City Manager
Jacob J. Winzenz, Director of Administrative Services/ Assistant City Manager
Larry Grorud, Fire Chief
RESOLUTION NO. 2009-604
A Resolution Recognizing the Week of May 17-23, 2009, as Emergency Medical
Services Week.
WHEREAS
, Emergency Medical Services is a vital public service; and
WHEREAS
, the members of emergency medical services teams are ready to provide
lifesaving care to those in need 24 hours a day, seven days a week; and
WHEREAS
, access to quality emergency care dramatically improves the survival and
recovery rate of those who experience sudden illness or injury; and
WHEREAS
, the emergency medical services system consists of emergency physicians,
emergency nurses, emergency medical technicians, paramedics, firefighters,
educators, administrators and others; and
WHEREAS
, the members of emergency medical services teams engage in thousands
of hours of specialized training and continuing education to enhance their lifesaving
skills; and
WHEREAS
, it is appropriate to recognize the value and the accomplishments of
emergency medical services providers in Janesville by designating Emergency Medical
Services Week;
NOW, THEREFORE BE IT RESOLVEDby the Common Council of the City of
ththrd
Janesville
on this 11 day of May 2009, that the week of May 17 to May 23be
observed as “Emergency Medical Services Week”, and call upon all Janesville citizens
to especially honor and show our appreciation for the City of Janesville Fire Department
EMTs and Paramedics by deed, remark and attitude.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
Eric J. Levitt, City Manager
Perrotto
ATTEST:
McDonald
Rashkin
Steeber
Jean Ann Wulf, City Clerk-Treasurer
Truman
APPROVED AS TO FORM:
Voskuil
City Attorney
Proposed by:
Prepared by:
OPERATIONS DIVISION MEMORANDUM
May 1, 2009
TO: City Council
FROM: Peter Riggs, Assistant Operations Director
SUBJECT: Action on a proposed resolution recognizing the week of May 17-
23, 2009 as “National Public Works Weeks.” (File Res. No. 2009-
599)
Proposed Resolution No. 2009-599 recognizes the service and dedication of
Janesville’s Public Works employees by observing the week of May 17 to 23 as
“National Public Works Week.” Nation Public Works Week was instituted as a
public education campaign by the American Public Works Association in 1960,
and it celebrates the men and women in North America who provide and
maintain the infrastructure and services collectively known as public works.
The City of Janesville Public Works Department is responsible for providing a
wide variety of services including the design, construction and maintenance of
over 300 miles of streets, sewers, and water lines; curbside trash and recyclables
collection for over 23,000 customers; operation of the landfill; snow-plowing;
treatment and delivery of water to over 24,000 homes and businesses throughout
the city; and the collection and treatment of wastewater. These services are
provided through the hard work of dedicated public works professionals.
During National Public Works Week the City’s Public Works Department will visit
local elementary schools to display equipment and interact with students. This
provides children the opportunity to learn about public works by seeing the
equipment in operation and talking with our employees. This is the fourth year
we have conducted school visits. We found this to be an extremely rewarding
experience in past years for the kids as well as our employees.
Staff Recommendation
Staff recommends that the City Council approve resolution 2009-599.
Proposed Motion
I move to approve File Resolution No. 2009-599.
CC: Eric Levitt, City Manager
Jacob J. Winzenz, Director of Administrative Services
1
JANESVILLE TRANSIT SYSTEM MEMORANDUM
May 5, 2009
TO: City Council
FROM: Transit Director
Second Reading, Public Hearing, and Action on a Proposed
SUBJECT:
Ordinance for Reduced Price Purchase of Bus Tokens by Private
Non-Profit Agencies (File Ordinance No. 2009-433)
Executive Summary:
On March 9, 2009, the City Council directed the Administration to delay the
implementation of a proposed increase in transit fares and develop a program that
would allow certain private non-profit agencies in the community to purchase Janesville
Transit System bus tokens at a discount for redistribution to low income citizens. While
the Council’s direction was general in nature, the following program parameters were
established:
1.
The total number of tokens available for sale at the reduced rate would not exceed
5,000 on an annual basis; or as adjusted by the City as part of the annual budget
process.
2.
The cost, on a per token basis, would be not less than one half of the prevailing cash
fare, or the amount established by the Transit System for those customers qualifying
for transportation at “half fare”.
3.
Agencies purchasing tokens at the reduced rate would enter into an agreement with
the Transit System to purchase a minimum amount of tokens at full price during a
calendar year, which would allow them to qualify for the reduced rate program.
Bus fares on the Janesville Transit System are set by City Ordinance. Ordinance 2009-
433 has been prepared for Council review and adoption to institute this reduced fare
program; with an accompanying policy statement which describes the program
parameters for participating agencies.
Recommendation:
The Transit System recommends that after discussion, the Council adopt Ordinance
2009 – 433, establishing the Reduced Price Purchase of Bus Tokens by Private Non-
Profit Agencies, to be effective as of June 1, 2009.
Suggested Motion:
I move the adoption of Ordinance 2009-433, an ordinance revising the regular bus fare
rates for the Janesville Transit System.
City Manager Recommendation:
The City Manager supports Neighborhood Services and Transit’s proposed pilot
program of distributing up to 5000 tokens to not-for-profits for 50% of cost as outlined in
the attached Program description.
1
Request:
The review of the Transit Fare increase and consideration for a discounted fare program
was requested by then Council President Loasching and City residents Tim Cullen and
Larry Barton. The concept of their proposal was to “provide a reduced City of Janesville
bus token purchase price to charitable organizations, thereby making public
transportation more affordable for the needy, with increased bus usage and revenue for
the city”. They suggested that recognized charitable organizations be given the right to
purchase bus tokens in bulk for the reduced price of $175 for units of 500 tokens, or a
cost of $0.35 per ride. The current price of these tokens would be $1.00 each or
$500.00. The proposal amounted to a 65% fare reduction. Charitable organizations
receiving reduced cost tokens could be required to commit to purchase a certain dollar
amount or quantity of tokens each year or portion of the year to assure the City of a
base amount of revenue from this program
.
Analysis:
Staff considered 2 primary options to address the concerns of affordable transportation.
1. Repeal the July 2009 planned fare increase.At its March 9 meeting, the Council
directed the Administration to delay the proposed fare increase scheduled for July 1,
2009 indefinitely; with any increase to be reconsidered as part of the review of the
proposed 2010 Transit System budget.
2. Implement a pilot program whereby a limited number of tokens (i.e. 5,000)
would be available for non-profit organizations at a reduced cost. Also at the
th
March 9 meeting, the Council directed the Administration to develop a program to
sell reduced fare bus tokens in bulk purchases to non-profit charitable organizations,
subject to certain parameters. This decision carries with it certain advantages and
disadvantages:
The advantages of this option include:
a. Providing additional tokens to low income individuals which will increase their
mobility to access jobs, job training and services in the community;
b. Reduced cost tokens may provide some financial relief to non-profit
organizations who are struggling with shrinking budgets and increasing
demands; and have to choose among giving rent assistance, food assistance
and transportation with limited budgets; and
c. The tokens provided under this program may be targeted to address specific
needs (i.e. employment, education, health care).
The disadvantages of this option include:
a. The program would be accessed by a limited number of participating
agencies rather than being spread across all low-moderate income riders.
b. The number of non-profit agencies anticipated to request the tokens and the
amount of their request may significantly exceed the tokens available, leading
to demands for program expansion;
2
c. Current Transit customers who are managing to pay the regular fare may shift
from paying those fares to discounted fares through the non-profits, resulting
in a net loss of revenue and an increase in cost to the General Fund, which
ultimately must make –up the difference;
d. A new program would be created, which would add an additional
administrative responsibility to already stretched staff.
In response to the Council’s direction, staff created a program allowing the sales of bus
tokens at reduced rates to private non-profit agencies, subject to certain procedural
requirements. These are outlined in the attached policy. This policy is intended to
achieve the Council’s direction of increasing the availability of transportation services for
specified purposes to those citizens most in need and least likely to be able to pay the
regular bus fare; and to enable non-profit agencies to stretch their budgets for
transportation services by allowing them to purchase JTS tokens at reduced rates for
distribution to their clients. As proposed, the program also minimizes the City’s
exposure to revenue loss from offering the discount by requiring agencies to purchase a
minimum number of tokens at the regular rate before qualifying to purchase the reduced
rate tokens; ensuring a “maintenance of effort” on the agencies part at the current rates
while allowing them to assist additional citizens through the purchase of reduced fare
tokens.
cc: Eric Levitt, City Manager
Jay Winzenz, Director of Administrative Services/Assistant City Manager
Jennifer Petruzzello, Director of Neighborhood Services
3
ORDINANCE NO. 2009-433
An ordinance revising the regular bus fare rates for the Janesville Transit System, with a
penalty as set forth in JGO 10.76.030.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I. Section 10.76.020 L. of the Code of General Ordinances of the City of Janesville is
hereby created to read as follows:
10.76.020 Bus fares—Regular fare rates.
“ The regular fare rates that shall be
charged by the Janesville Transit System are as follows:
L.
$.60 per ride based on a bulk purchase charge of $60.00 for 100 tokens, when tokens are
purchased by a charitable non-profit non-stock agency or charitable non-profit non-stock
organization for distribution to its clients; and the agency and/or organization fully satisfies and
complies with certain certification procedures established and amended, from time to time, by
the Transit Director and/or her/his authorized representative(s), as a condition of eligibility to
purchase said tokens at a discount. When these procedures are not followed, the charge for token
purchases shall be as outlined in Sub C., above. This special fare rate shall take effect on June 1,
2009, and shall remain in effect until modified as provided in Section 10.76.010.”
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Perrotto
Truman
Eric J. Levitt, City Manager
Voskuil
Brunner
ATTEST:
McDonald
Rashkin
Steeber
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
City Attorney
Proposed by: Former Council President Loasching
Prepared by: David J. Mumma, Transit Director
JANESVILLE TRANSIT SYSTEM
Agency Token Sales Policy
1. Background:
At its meeting on March 9, 2009, the Janesville City Council
directed the Administration to develop a program that would allow certain public
and private non-profit agencies in the community to purchase Janesville Transit
System bus tokens at a discount for redistribution to low income citizens. While
the Council’s direction was general in nature, the following program parameters
were established:
a.
The total number of tokens available for sale at the reduced rate would not
exceed 5,000 on an annual basis; or as adjusted by the City as part of the
annual budget process.
b.
The cost, on a per token basis, would be not less than one half of the
prevailing cash fare, or the amount established by the Transit System for
those customers qualifying for transportation at “half fare”.
c.
Agencies purchasing tokens at the reduced rate would enter into an
agreement with the Transit System agreeing to purchase a minimum
amount of tokens at that rate during a calendar year.
2. Structure of Proposed Program:
Given the general direction of the City
Council and an understanding of the intent of the program, the following policies
and operational procedures are recommended to implement the reduced fare
Agency Token Sales program.
a. Eligible Agencies:
Agencies participating in this program shall be limited to
charitable non-profit non-stock agencies or charitable non-profit non-stock
organizationsoperating under Section 501c(3), and other sections as may
apply, of the Internal Revenue Service Code; for distribution to their clients;
and the agency and/or organization fully satisfies and complies with certain
certification procedures established and amended, from time to time, by the
Transit Director and/or her/his authorized representative(s), as a condition of
eligibility to purchase said tokens at a discount. Eligible agencies shall be
those whose programs include access to employment, (jobs, job training, job
interviews), access to health care (medical, dental, eye care and mental
health care), education (elementary, secondary and post-secondary), and
access to support programs for children and families.
b. Eligible Participants to Receive Reduced Fare Tokens:
To ensure that
reduced-fare tokens are directed to the most crucial trip purposes of those
citizens most in need, the following parameters for eligible recipients and trip
purposes are established:
?
Economic Hardship:
Recipients shall be those citizens whose
individual or family income is less than the federally-recognized “Very
Low Income” level (defined as 50% or less of the median income for
Rock County, Wisconsin) as established by the United States
Department of Housing and Urban Development as of March 1 of each
year.
?
Trip Purpose:
Usage of reduced-fare tokens shall be restricted to the
following trip purposes:
Access to employment (jobs, job interviews or job
o
training.)
Access to health care (medical, dental, vision and mental
o
health care.)
Education (elementary, secondary, post-secondary)
o
Access to support programs for children and/or families.
o
c. Agency Responsibilities:
?
It shall be the responsibility of the agency issuing the tokens to
determine if the client to whom the tokens are issued meets the
parameters of the program.
?
Participating agencies must maintain records to verify eligibility and
use of the tokens. Said records will be provided to the Janesville
Transit System upon request.
?
Should the Transit System detect what appears to be a violation of
the program parameters, the agency shall be notified for the
purpose of investigating the situation and taking corrective action.
d. Token Purchase Agreement:
Agencies participating in the program shall
agree to the following minimum token purchasepolicy:
?
A minimum of 500 tokens shall be purchased at the regular rate as
established in Chapter 10.76.020 (C) of the Code of General
Ordinances of the City of Janesville (JGO) in a one (1) calendar year
period, measured from the date that the agency enters into a contract
with the Transit System.
?
For each 500 tokens purchased at the regular rate, the agency shall
receive warrants to purchase 500 tokens at the reduced rate as
established by JGO Chapter 10.76.20 (L).
?
Agencies shall purchase tokens from the Transit System in minimum
lots of 100 tokens. Agencies shall notify the Transit System not less
than 24 hours prior to the desired time to pick up the tokens, which will
be issued bagged in 100 token lots.
3. Establishment of Program:
This program and the rate of fare associated with it
is established by Ordinance 2009-433, adopted by the Janesville City Council on
May 11, 2009.
OPERATIONS DIVISION MEMORANDUM
May 1, 2009
TO: City Council
FROM: Peter Riggs, Assistant Operations Director
SUBJECT: Second Reading, Public Hearing, and Action on a Proposed
Ordinance Regulating the Display of Material Harmful to Minors
Within the City of Janesville (File Ord. No. 2009-430)
Summary
This memo explains the State and local regulations concerning sexually oriented
businesses and exposing children to harmful material. The memo also explains
the provisions of Proposed Ordinance No. 2009-430 regulating the display of
material harmful to minors. Proposed Ordinance No. 2009-430 requires that
“harmful material” not be displayed in a way that could expose minors, as
members of the generally invited public, to view these “harmful materials.”
Staff Recommendation
Following the public hearing, staff recommends the City Council adopt Proposed
Ordinance No. 2009-430 regulating the display of “harmful material” to minors.
City Manager Recommendation
No recommendation.
Suggested Motion
I move to approve File Resolution No. 2009-430.
Request
Councilmember Steeber requested a report and ordinance regulating the display
of sexual toys and novelties.
Background
Councilmember Steeber contacted the City Manager’s Office with a concern
about sexually oriented material including sexual toys and novelties on display at
Spencer Gifts, a store located in the Janesville Mall. City staff verified that the
material was on display at the store and that the material was not kept in a
separate room or obscured from the view of store patrons. Staff determined that
the sexual material did not exceed the 10% rule outlined in Janesville General
Ordinance 5.82 and thus the establishment does not require an Adult Oriented
Business license. Store staff indicated they monitor the area where the material
is displayed and attempt to keep minors away from the material. The material is
1
not kept in a separate room and the material is viewable as an invited member of
the public in the store. It is Janesville Mall policy that all minors ages 12 and
under must be accompanied by an adult while in the mall. It is reasonable to
assume that minors have been exposed to this material.
This item was presented at the April 27, 2009 meeting of the City Council. At
that time the City Council indicated they desired clarification of the ordinance
language. Following the meeting staff received an independent legal opinion
from CVMIC, the City’s liability insurer provider. They recommended against
changing the ordinance language. The language used in Proposed Ordinance
No. 2009-430 is consistent with the language used Wisconsin State Statute
948.11, which has been upheld in the courts. Deviation from this language could
lessen the effectiveness of the Proposed Ordinance and potentially lead to
unanticipated problems in the future. Additionally, the attorney stated that a
“parental warning sign” is not a defense against a violation of the ordinance. A
parental warning defense could be included in the Proposed Ordinance but is not
recommended as it would make the Proposed Ordinance weaker and less
effective.
Local and State Regulations
The City of Janesville regulates adult oriented businesses in Chapter 5.82 of the
General Code of Ordinances. This ordinance was adopted in 2002. This
ordinance requires a license for any business with 10% or more of their business
income, inventory, or floor space comprised of materials depicting or describing
“specified sexual activities” or “specified anatomical areas.” 10% was chosen as
the threshold based on extensive peer community and case law research
performed at the time the ordinance was initially proposed. City zoning code
(18.36.040 (B) (4) (b) (2)) permits licensed adult oriented businesses to locate in
the B4: Business Highway District. The license and ordinance require that
minors are prohibited from adult oriented businesses.
Wisconsin State Statute 948.11 concerns exposing a child to harmful material or
harmful descriptions or narrations, these terms are defined in Wisconsin State
Statute 948.11 (1). Selling, renting, exhibiting, playing, distributing, or loaning
§
harmful material to a minor is a violation of the state statute and is a Class I
felony. A Class I felony is punishable by a fine not to exceed $10,000 or
imprisonment not to exceed 3 years and 6 months, or both (Wisconsin State
Statute 939.50 (3) (i)). The statute defines “harmful material” as any picture,
§
photograph, drawing, sculpture, motion picture film, or similar visual
representation or image of a person or portion of the human body that depicts
nudity, sexually explicit conduct, sadomasochistic abuse, physical torture, or
brutality, and that is harmful to children. “Harmful to children” is defined as that
quality of any description, narrative account or representation, in whatever form,
of nudity, sexually explicit conduct, sexual excitement, sadomasochistic abuse,
physical torture, or brutality, when it: predominantly appeals to the prurient,
shameful, or morbid interest of children; is patently offensive to prevailing
2
standards in the adult community as a whole with respect to what is suitable for
children; and, lacks serious literary, artistic, political, scientific, or educational
value for children, when taken as a whole. The state statute addresses a person,
providing or exhibiting the harmful material to a child. A “person” is defined as
an individual, partnership, association, corporation, or other legal entity of any
kind.
Businesses that do not exceed the 10% rule are not prohibited from allowing
minors upon their premises. Thus, it is possible for a business to have on display
harmful material that is accessible and viewable by minors. A business that
displays “harmful material" in an area that is accessible and/or viewable by
minors could be in violation of Wisconsin State Statute 948.11(2) (a). Four
§
conditions must be met for a violation of the statute to occur. First, the defendant
sold, exhibited, transferred, and/or loaned material to a minor. Second, the
defendant had knowledge of the nature of the material. Third, the material was
harmful to children. Fourth, the minor had not attained the age of 18 years at the
time of the alleged offense.
Peer City Research
Research was performed to determine how comparable communities in
Wisconsin regulate the display of “harmful material.” We found that the Cities of
Beloit, Eau Claire, Appleton, and La Crosse have local ordinances that regulate
material that is “harmful to minors.” Appleton has adopted Wisconsin State
Statute 948.11 by reference and the Eau Claire and La Crosse ordinances have
language similar to Wisconsin State Statute 948.11. City of Beloit ordinance
15.02 concerns “obscene material” and does not specifically address materials
that are harmful to minors. The Cities of Fond Du Lac, Manitowoc, Oshkosh,
Brookfield, Green Bay, Kenosha, Racine, Waukesha, Wausau, West Allis, and
Wauwatosa do not have local ordinances that specifically address material that is
“harmful to minors.”
The City of Madison and the City of Milwaukee were also examined. City of
Madison ordinance 26.05 regulates “harmful materials” and is similar to
Wisconsin State Statute 948.11. It also prohibits allowing entry of minors to any
premises where harmful material is exhibited. City of Milwaukee ordinance 106-
9.6 regulates the display of material harmful to minors and marital aid devices.
The Milwaukee ordinance prohibits the display of these items in a location where
minors, as members of the invited general public, may be exposed to view the
materials. The City of Milwaukee issued four citations for failure to comply with
its ordinance in 2008 and no citations were issued in 2005, 2006, or 2007. The
City of Milwaukee City Attorney’s Office stated that the Milwaukee ordinance was
adopted in 1988 and amended in 1996. They stated it is relatively rare for a
citation to be issued for this offense.
3
Proposed Ordinance Summary
Proposed Ordinance No. 2009-430 was modeled after City of Milwaukee
ordinance 106-9.6 and Wisconsin State Statute 948.11. Staff’s decision on the
language used in the ordinance was based on research of similar ordinances and
statutes as well as case law. The proposed ordinance is similar to several other
ordinances and state statutes that have been upheld in court challenges. Using
this language is beneficial because it has already been shown to be acceptable
when challenged. Therefore, if the proposed ordinance is adopted and later
challenged, the City will be able to use case law and previous legal decisions as
a defense. Legal advice obtained from the City’s liability insurance provider,
CVMIC, recommends maintaining consistency with the language used in
Wisconsin State Statute 948.11 by leaving the language of proposed ordinance
2009-430 as originally submitted.
It is the intent of Proposed Ordinance No. 2009-430 to proactively address
prohibiting the exposure of minors to “harmful materials” as defined in the
proposed ordinance. It is a violation of this ordinance to knowingly display
“harmful materials” to minors in such a way that minors, as members of the
general invited public, may be exposed to view these materials. Marital aid
devices were not included in the proposed ordinance draft due to the inability to
clearly or adequately define what items would be subject to regulation, especially
to the degree necessary to survive potential judicial scrutiny, and lack of case
law that specifically permits regulation of the display of this material.
The City of Janesville’s current approach to this issue relies on enforcing
Wisconsin State Statute 948.11, meaning that in order to enforce the statute a
minor must be exposed to the harmful material. The exposure has already
occurred before any legal action may be taken. Proposed Ordinance No. 2009-
430 creates a proactive approach that allows enforcement and corrective action
to be taken prior to victimization, and limit or eliminate the potential for the
exposure to occur; thus, preventing victimization. This will be accomplished by
requiring that “harmful materials” be displayed in such a way that minors cannot
view them, such as creating a separate room accessible to only those 18 years
or older, or covering the material so that the harmful portion cannot be seen by
minors. It will be the responsibility of the establishment and each employee to
ascertain the age of any minor accessing the harmful material.
The penalty for violating this ordinance will result in the imposition of a forfeiture
of not less than $100 and not more than $500. Each day of violation is
considered a separate offense.
CC: Eric Levitt, City Manager
Jacob J. Winzenz, Director of Administrative Services
Wald Klimczyk, City Attorney
Tim Wellnitz, Assistant City Attorney
4
ORDINANCE NO. 2009-430
An Ordinance regulating the display of material harmful to minors within the City of Janesville, with a
penalty for violation thereof as set forth in proposed JGO 9.23.030.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I.
The contents page of Title 9 of the Code of General Ordinances of the City of Janesville
is hereby amended to read as follows:
“Title 9
PUBLIC PEACE, MORALS AND WELFARE*
Chapters:
I. OFFENSES BY OR AGAINST PUBLIC OFFICERS AND GOVERNMENT
9.03 Fire Department Regulations
9.06 Advertising on Government Buses
II. OFFENSES AGAINST THE PERSON
III. OFFENSES AGAINST PUBLIC DECENCY
9.08 Obstructing or Resisting an Officer
9.15 Disorderly Houses
9.18 Gambling
9.21 Indecent Exposure
9.23 Display of Material Harmful to Minors
9.27 Spitting
IV. OFFENSES AGAINST PUBLIC PEACE
9.30 Drug Houses and Criminal Gang Houses
Prostitution Houses and Gambling Houses Prohibited
9.32 Chronic Nuisance Premises
9.34 Burglar alarms, Systems and Users
9.39 Disorderly Conduct
9.42 Disturbing the Peace
9.45 Mob action and Civil Disobedience
9.50 Curfew Ordinance
9.52 Truancy; Contributing to Truancy
9.54 Purchase or Possession of Cigarettes or Tobacco
Products by Children
________________________
* For statutory provisions concerning criminal activities, see Wis. Stat. §66.0107.
V. OFFENSES AGAINST PROPERTY
9.57 Cemetery Hours
9.60 Care and Use of Public Property
9.66 Property Offenses
9.68 Worthless Checks
VI. CONSUMER PROTECTION
9.72 Drug Samples
VII. OFFENSES BY OR AGAINST MINORS
VIII. WEAPONS
9.84 Concealed Weapons
9.87 Firearms”
SECTION II.
Chapter 9.23 of the Code of General Ordinances of the City of Janesville is hereby
created to read as follows:
“CHAPTER 9.32
DISPLAY OF MATERIALS HARMFUL TO MINORS
9.23.010 Definitions
A. “Harmful to minors” means that quality of any description or representation, in
whatever form, of nudity, or sexual conduct when it:
1. Predominantly appeals to the prurient, shameful, or morbid interests of minors
in sex.
2. Is patently offensive to contemporary standards in the adult community as a
whole with respect to what is suitable sexual material for minors.
3. Taken as a whole, lacks serious literary, artistic, political, or scientific value.
B. “Knowingly” means having general knowledge of, or reason to know, or a belief, or
ground for belief which warrants further inspection or inquiry of both:
1. The character and content of any material which is reasonably susceptible of
examination; and
2. The age of the minor.
C.. “Material” means any book, cassette, magazine, motion picture film, newspaper,
pamphlet, poster, print, picture, slide, figure, image, description, record, recording tape,
or video tape.
D. “Minor” means any person under the age of 18 years.
E. “Nudity” means: the intentional or knowing showing or revealing of a human bare
buttocks, anus, perineum, anal region, anal or natal cleft or cleavage, pubic area, male
genitals, testicle, female genitals, vulva, female nipple, female areola, or female breast
below the point immediately above the top of the areola, whether or not in a state of
sexual stimulation or arousal, with less than a fully opaque covering; or the showing or
revealing of human male genitals in a discernible erect or turgid state, even if
completely and opaquely covered.
F. “Person” means any individual, partnership, association, corporation, or other legal
entity of any kind.
G. “Sexual conduct” includes any of the following depicted sexual conduct:
1. Any act of sexual intercourse, actual or simulated, including genital, anal-
genital, or oral-genital intercourse, whether between human beings or between a
human being and an animal.
2. Sadomasochistic abuse meaning flagellation or torture by or upon a person who
is nude or clad in undergarments or in a revealing costume, or the condition of
being fettered, bound, or otherwise physically restricted on the part of one so
clothed.
3. Masturbation or lewd exhibitions of the genitals, including, but not limited to,
any explicit, close-up representation of a human genital organ.
4. Physical contact or simulated physical contact with the clothed or unclothed
pubic areas or buttocks of a human male or female or the breasts of the female,
whether alone or between members of the same or opposite sex, or between
humans and animals in an act of apparent sexual stimulation or gratification.
5. An act of sexual assault where physical violence or drugs are employed to
overcome the will of, or to achieve the consent of, a person to an act of sexual
conduct, and the effects or results of the violence or drugs are shown.
9.23.020 Prohibition
No person having custody, control, or supervision of any commercial establishment may
knowingly display any material whose cover, covers, or packaging, standing alone, is harmful
to minors, in such a way that minors, as part of the invited general public, will be exposed to
view the material or in such a way that the material is easily visible from a public thoroughfare
or sidewalk. A person shall not be deemed to have displayed material harmful to minors if
those portions of the cover, covers, or packaging containing such material harmful to minors
are blocked from view by an opaque screen, border, or cover. An honest mistake regarding the
age of a minor shall constitute an excuse from liability if the defendant made a reasonable bona
fide attempt to ascertain the true age of the minor. A person shall not be deemed to have
displayed material harmful to minors if the defendant had reasonable cause to believe that the
minor had attained the age of 18 years, and the minor exhibited to the defendant a driver’s
license, state issued identification card or other official or apparently official document
purporting to establish that the minor had attained the age of 18 years. A defendant who raises
this affirmative defense has the burden of proving this defense by a preponderance of the
evidence.
9.23.030 Penalty
Any person who violates any provision of this ordinance shall, upon conviction, forfeit not less
than $100 and more than $500, together with the costs of prosecution, for each offense, or, in
default of payment, may be imprisoned in the county jail for not more than thirty days. Each
day in which a violation continues shall constitute a separate and distinct offense.”
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
McDonald
Eric J. Levitt, City Manager
Perotto
Rashkin
ATTEST:
Steeber
Truman
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
City Attorney
Proposed by: Councilmember Steeber
Prepared by: Assistant Operations Director and
Assistant City Attorney
Economic Development Memorandum
Date: May 4, 2009
TO: Janesville City Council
FROM: Doug Venable, Director of Economic Development
SUBJECT: Action on a Proposed Resolution Re-Approving the Project Plan for and
Establishing the Boundaries for Tax Increment Finance District No. 34 at the
Southern Wisconsin Regional Airport (File Res. No. 2009- 596)
I. Summary
The City Council adopted Resolution 2009 – 577 approving the creation of and
setting the boundaries for TIF No. 34. In preparing documentation for submission to the
Wisconsin Department of Revenue, Staff discovered that the required Class 2 notice of
the Plan Commission public hearing was not properly published. Therefore, proper
notice was published and a second public hearing was held.
II. Recommendation
The Plan Commission held a second public hearing on the proposed TIF No. 34
Project Plan at their April 20, 2009 meeting. The Plan Commission found TIF No. 34 to
be consistent with City plans and recommended that the Council adopt the Project Plan
for TIF No. 34
Staff recommends that the City Council adopt Resolution No. 2009 – 596,
reapproving the Project Plan and establishing the boundaries of TIF No. 34 at the
Southern Wisconsin Regional Airport. If the Council approves the creation of TIF No. 34,
then the Project Plan will go to a Joint Review Board for consideration and approval
before going to the Wisconsin Department of Revenue for certification.
III. City Manager Recommendation
The City Manager concurs with staff’s recommendation.
IV. TIF No. 34 Description
TIF No. 34 will be an industrial TIF district designed to stimulate the development
of aviation related companies at the Southern Wisconsin Regional Airport. The land
within the TIF District is owned by Rock County and leased to companies that maintain
businesses that require access to airport facilities. When the Airport annexation became
effective in 2007, it created the opportunity for the City to use TIF development incentives
to stimulate additional airport related investments.
TIF No. 34
May 4, 2009
Page 2
While no specific development proposals are pending at this time, it is hoped that
the possibility of TIF incentives will encourage existing companies to expand operations
and will support marketing efforts to attract new businesses to the area. The expenditure
of any TIF funds would be linked to a specific development agreement where the
company receiving the assistance, guarantees the property value and tax increments the
City will need in order to recover its TIF costs.
The Project Plan includes funding for the marketing of the Airport to aviation-
related businesses. TIF funding for development incentives in support of new
businesses and/or business expansions is also included. The Plan also provides funding
for transportation improvements along USH 51 as needed to improve traffic safety.
The Project Plan also provides for the use of TIF incremental revenues on projects
located within ½ mile of the proposed TIF District. This type of expenditure is allowed by
a recent change to the TIF law and is designed to provide a mechanism for using TIF
funds to support development projects along the east side of USH 51 as these properties
annex to the City.
The total estimated cost of TIF Projects is $892,000. Interest charges and
financing costs will add an estimated $250,485 bringing the total anticipated TIF
expenditures to $1,142,485. The TIF Project Plan anticipates that between 2009 and
2016, $4,500,000 in new incremental property value can be created by the successful
development of properties within the TIF district. This new value is projected to generate
$1,470,363 in new property tax revenue over the 20-year life of the TIF District, exceeding
TIF costs by $327,878 (See Page 17).
The TIF No. 34 Project Plan is a planning document and does not commit the City
to implement any of the projects set forth in the Plan. As is the Council’s policy, the
expenditure of any TIF funds would be linked to a specific development agreement where
the property owner guarantees the property value and tax increments the City will need in
order to recover its TIF costs.
V. Development Potential
The proposed boundary for TIF No. 34 includes three main areas on the Airport
property where future development projects may occur. The City has had discussions
with a two existing companies that may expand in the future as the economy improves.
The County owns several lots along USH 51 where new aviation related companies could
locate facilities.
The large capital investment that the taxpayers have made in the Southern
Wisconsin Regional Airport has resulted in an excellent facility that should be attractive to
firms that need direct access to airport facilities. Developing this resource is one
component in the strategy to diversify the area economy.
Economic Development Department ? 18 N. Jackson St. ? Janesville, WI ? 53547-5005 ? 608-755-3181
TIF No. 34
May 4, 2009
Page 3
Staff recommends that the Council adopt Resolution 2009 - 596 re-approving the
Project Plan and establishing the boundaries for TIF No. 34.
Douglas Venable
Attachments: Resolution 2009 - 596
Planning Dept. Report
TIF No. 34 Project Plan
Cc Jacob Winzenz
Eric Levitt
Economic Development Department ? 18 N. Jackson St. ? Janesville, WI ? 53547-5005 ? 608-755-3181
Community Development Department Memorandum
May 4, 2009
TO: Janesville City Council
FROM: Al Hulick, Development Specialist
SUBJECT: Creation of TIF District 34, Designation of District Boundaries and
Adoption of Project Plan.
RECOMMENDATION
The Plan Commission and Community Development Department recommend
that following a public hearing, the City Council support a motion to approve the
creation of TIF 34 along with the designation of the district boundary and
adoption of the Project Plan.
SUGGESTED MOTION
To designate the boundaries and adopt the project plan for the creation of TIF 34
REQUEST
One of the City’s development strategies is to diversify the local economy. The
Southern Wisconsin Regional Airport is a key part of the area’s transportation
infrastructure and is a definite asset to those types of companies that rely on air
transportation. When the annexation of the airport to the City became effective
in 2007, the use of tax incremental financing to stimulate development projects at
the airport became possible.
The new redevelopment TIF District will include the developable land at the
airport north, east, and south of the existing runways. The land is owned by
Rock County and leased to private aviation-related businesses. While the land is
tax exempt, the private business hangars are taxable as personal property. The
proposed TIF District is being created to stimulate continued development of
aviation-related businesses in this area. While no specific development
proposals are pending at this time, it is hoped that the possibility of TIF incentives
will encourage existing businesses to expand and attract new company facilities
within the TIF district.
The expenditure of any TIF funds would be linked to a specific development
agreement where the business owner guarantees the property value and tax
increments the City will need in order to recover its TIF costs.
State law requires that prior to the creation of a Tax Increment Finance District
and approval of project plans, the Plan Commission must hold a public hearing.
Following the Plan Commission hearing, the Commission will be asked to
forward a recommendation on the creation of the TIF District and its designated
boundaries to the City Council and then adopt the district’s project plan.
BACKGROUND
On February 16, 2009 the Plan Commission held a public hearing and
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unanimously recommended approval of TIF District 34. On March 9 the City
Council adopted the Project Plan and boundaries for TIF 34. Following that
action, staff determined that the public hearing notice as submitted by the City
and required under state law did not get published. Consequently, the Plan
Commission and City Council will both need to hold another public hearing and
take action on this matter to satisfy the statutory requirements for the creation of
TIF 34. Review and approval actions by the Joint Board of review for TIF 34 will
be required again. The boundaries for TIF 34 and Project Plan included in this
review remain unchanged from the previous approval. The Project Plan has not
been attached to this report but copies are available in the Community
Development Department if the Commission would like to review.
ANALYSIS
A. Function of TIF District:
State Statutes allow cities to create TIF
Districts for industrial development, downtown redevelopment and blight
elimination, and to stimulate and support mixed-use redevelopment. TIF
allows cities to recapture the upfront costs of public improvements (e.g.
land acquisitions, transportation and utility improvements) from property
taxes created by new development in a TIF District occurring as a result of
improvements. Once all public expenditures have been repaid by the “tax
increment” from new development, the TIF District is dissolved and all of
the taxing jurisdictions can collect taxes levied on the new property value
created.
B. TIF 34 Boundary Review:
Part of the process for the creation of a new
TIF District involves review and approval of the TIF by a Joint Review
Committee which is comprised of representatives from the school district,
County, Vo-tech district and the City. The Joint Review Board had an
opportunity to review the proposed project plan on February 11, 2009.
Wisconsin Statutes provide that the City may propose an amendment to
the TIF boundaries up to 4 times over the life of the TIF district.
Therefore, if a project were to come forward in immediately surrounding
area not currently included in the Project Plan boundaries, the City could
propose an amendment to the TIF 34 boundary to include the
redevelopment site.
C. Location of TIF 34:
Proposed TIF 34 is being created to stimulate
continued development at the Southern Wisconsin Regional Airport
located on the far south side of Janesville. The proposed TIF District is
predominately zoned and used for industrial airport related purposes. The
land included with in the proposed TIF District is zoned M1-Light Industrial
and A-Agricultural.
D. Purpose of TIF 34:
The attached Project Plan describes TIF 34
expenditures and development. The project plan for TIF 34 has been
created to stimulate continued development at the Southern Wisconsin
Regional Airport. The airport is currently home to several small
businesses that are related to the aviation industry. Rock County owns
additional land at the airport that can be leased for new development and
expansion projects. Although the land is owned by Rock County and is
subsequently tax exempt, the building improvements on the leased lots
are taxable as personal property. The proposed Project Plan includes
activities to provide appropriate development incentives to encourage the
retention and growth of existing employers, to attract new industrial
businesses and to improve the infrastructure serving this developing area.
The implementation of the Project Plan will increase property values in the
area as development occurs and help create and retain jobs in this area.
City staff has had discussions with several developers regarding projects
within the proposed TIF 34, though none have committed to any specific
development proposal at this time.
E. Appropriateness of Project Plan:
The attached Project Plan is
economically feasible and serves as the appropriate guide for
development in this area. The proposed TIF District Project Plan is
intended to capture increases in valuation resulting from renovation and
redevelopment and in turn use the increase in tax increments to pay for
public improvements and potential blight elimination activities within the
TIF District. Public improvements will be linked to private development
within TIF 34 with increases in property value sufficient to generate the
property tax increment needed to cover the cost of public improvements
within 10 to 15 years. State law allows a redevelopment TIF District to
have a maximum life of 20 years. Planned projects are based on
dissolving the TIF District within year 18 of the Plan, or 2026. This
approach allows for a two-year cushion in case future revenues fall short
of projections.
F. Appropriateness of Proposed Boundary:
The City of Janesville is
proposing to create TIF No. 34 to support continued airport related
development at the Southern Wisconsin Regional Airport along US
Highway 51 on the City’s far south side. The TIF District includes land to
the north, east, and south of the Airport. While there may be an
opportunity to develop other industrial uses east of USH 51, this land is
currently located in the Town of Rock. The Project Plan includes
language that would allow the expenditure of TIF funds on projects located
within ½ mile of the TIF No. 34 boundary. If the land along the east side
of USH 51 is annexed to the City for a new development project, the City
could then use TIF funds to provide development incentives within this ½
mile area or amend the TIF boundary.
G. Consistency with City Plans:
The proposed TIF District is consistent
with City plans and policies including the City’s Zoning Ordinance, Growth
Concept Plan, draft Comprehensive Plan Update, and General
Development Plan.
The Project Plan for TIF 34 includes the following objectives:
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Promote industry retention and expansion through the continued
development of an existing industrial area, thereby retaining jobs
and increasing the tax base.
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Provide appropriate financial incentives to encourage industrial
expansion both for development projects located within TIF no. 34
and for projects located in the City of Janesville and within ½ mile
of TIF No. 34.
?
Help to diversify the economic base of the community by utilizing
the Southern Wisconsin Regional Airport to attract aviation related
businesses.
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Reduce the financial risk to the taxpayer by timing implementation
of the Project Plan with the creation of additional property value
through industry expansions and negotiating development
agreements with tax guarantees for specific projects.
?
Generate sufficient new property tax increments from each specific
development project within the TIF District to fully repay the City’s
TIF project expenditures associated with the development project.
H.
The Community Development Department finds the proposed TIF District
No. 34 consistent with the goals and objectives of established City plans.
The Project Plan allocates monies for land acquisition and site
improvements in support of redevelopment projects. The types of projects
contemplated for redevelopment in this district are appropriate and should
compliment this area.
IV. PLAN COMMISSION ACTION – 20 April 2009
Al Hulick, Development Specialist, presented the staff report.
The public hearing was opened and no one appeared to speak on this
item. The public hearing was closed.
There was a motion by Commissioner Voskuil with a second by
Commissioner Zolidis to approve Resolution No. 2009-02 and forward the
creation of TIF District 34 to the City Council with a favorable
recommendation.
The motion carried on a 5-0-0 vote.
TAX INCREMENT FINANCE DISTRICT No. 34
PROJECT PLAN
May 11, 2009
Prepared By:
Economic Development Agency
Finance Division
City of Janesville, Wisconsin
18 N. Jackson St.
Janesville, WI 53545
CITY OF JANESVILLE
TAX INCREMENT FINANCE DISTRICT No. 34
TABLE OF CONTENTS
I. WISCONSIN TAX INCREMENT LAW AND PROCESS .................... 1
II. PURPOSE AND OBJECTIVES ..................................................... 2
III. BOUNDARIES OF TIF No. 34 .................................................... 3
IV. EXISTING ZONING AND PROPOSED LAND USES ........................ 5
V. PROPOSED TIF PUBLIC WORKS PROJECTS AND ....................... 8
IMPROVEMENTS
VI. DETAILED LIST OF ESTIMATED PROJECT COSTS ......................13
VII. ECONOMIC FEASIBILITY AND METHODS OF FINANCING ...........15
VIII. PROPOSED CHANGES IN ORDINANCES, CODES, & PLANS .......19
IX. LIST OF ESTIMATED NON-PROJECT COSTS ................................20
X. METHODS FOR RELOCATION OF DISPLACED PERSONS ...........20
XI. PROMOTION OF THE ORDERLY DEVELOPMENT OF .................20
THE CITY
MAPS
1. Map 1 TIF No. 34 Boundary Map ……………. .................................. 4
2. Map 2 TIF No. 34 Zoning ..................................................... 7
3. Map 3 TIF No. 34 Existing Conditions and Land Use ....................... 8
4. Map 4 TIF No. 34 Proposed Improvements .......................................11
5. Map 5 TIF No. 34 Property Within ½ Mile of Boundary ....................12
LEGAL AND PROCEDURAL
1. Legal Opinion From City Attorney on Project Plan
2. TIF No. 34 Plan Adoption and Creation Resolutions
3. Joint Review Board Resolution
ii
City of Janesville
Tax Increment Finance District No. 34
Project Plan
WISCONSIN TAX INCREMENT LAW AND PROCESS
I.
In the Legislative Declaration that accompanied Wisconsin's Tax Increment Law
(section 66.1105), the Legislature found that the, "accomplishment of the vital and
beneficial public purposes of (the promotion of industry) Section 66.1101 is being
frustrated because of a lack of incentives and financial resources. Consequently, in
1975 the Legislature enacted Wisconsin's Tax Increment Law, "to create a viable
procedure by which a city or village, through its own initiative and efforts, may finance
projects which tend to accomplish these laudable objectives."
The Tax Increment Finance District Law allows a community to use the property
taxes generated by new development within a TIF district to pay for the costs of the
public improvements needed to stimulate the new development. Fundamental to the
TIF law is the concept that new development will benefit a taxing area broader than the
municipality in which the development occurs. However, an inequity occurs because
the community must finance the entire cost of public improvements needed to facilitate
the development, while receiving only a portion of the total taxes generated from the
development. The TIF law recognizes that without the city-financed improvements, the
development would not have occurred.
Thus, the TIF law provides that all property taxes levied on increased property
value in a TIF district are retained by the community to finance the costs of
improvements within the TIF district. The property value existing at the time of the
creation of a TIF district (base value) continues to provide the same level of property
tax revenues to other overlying taxing jurisdictions. Once all of the TIF improvement
costs have been repaid, the TIF district is dissolved and all taxing jurisdictions can
collect taxes levied on the new property value created within the TIF district.
State statutes are very specific as to how a TIF district is created. First, a TIF
Project Plan containing the information required in Wisconsin Statutes 66.1105 (4)(f) is
developed and presented to the City Council. Notice is sent to chief executive officers
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of all affected taxing jurisdictions informing them of the proposed TIF Project Plan and
the required public hearing. Next, the Council refers the proposed TIF Project Plan to
the Planning Commission for a formal public hearing. The Commission makes a
recommendation on the TIF Project Plan to the City Council. The Council then must
pass a resolution adopting the TIF Project Plan and establishing the TIF boundaries.
Finally, a Joint Review Board is created with members from the City, school district,
county, vo-tech district, and one member-at-large. The Joint Review Board reviews the
TIF Project Plan and public hearing comments and approves the creation of the TIF
district.
This document will meet the statutory requirements for a Project Plan for Tax
Increment Finance District No. 34.
II. PURPOSE AND OBJECTIVES
TIF No. 34 is being created to stimulate continued industrial development at the
Southern Wisconsin Regional Airport. With the closing of production at the General
Motors plant, the City needs to become more aggressive in seeking to diversify the
local economy. The Airport is currently home to several small businesses that are
related to the aviation industry. Rock County owns additional land at the Airport that
can be leased for new development and expansion projects. In today’s competitive
development environment, TIF incentives are often needed to retain existing
businesses and facilitate their growth. Similarly, development incentives are generally
expected by new companies looking to site a new facility.
The TIF District includes the existing businesses and developable land to the
north, east, and south of the Southern Wisconsin Regional Airport. While there may
be an opportunity to develop other industrial uses east of USH 51, this land is currently
located in the Town of Rock. The Project Plan includes language that would allow the
expenditure of TIF funds on projects located within ½ mile of the TIF No. 34 boundary.
If the land along the east side of USH 51 is annexed to the City for a new development
project, the City could use TIF No. 34 funds to provide development incentives within
this ½ mile area surrounding TIF No. 34, or could amend the boundary of TIF No. 34 to
include the development project.
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The TIF Project Plan will include activities to provide appropriate development
incentives to encourage the retention and growth of existing employers, to attract new
industrial businesses and to improve the infrastructure serving this developing area.
The implementation of the Project Plan will increase property values in the area as
development projects occur and help create and retain jobs in the area. TIF No. 34 will
advance the City of Janesville's development objectives and specifically will:
A. Promote industry retention and expansion through the continued
development of an existing industrial area, thereby retaining jobs and
increasing tax base.
B. Provide appropriate financial incentives to encourage industrial expansion
both for development projects located within TIF No. 34 and for projects
located in the City of Janesville and within ½ mile of TIF No. 34.
C. Help to diversify the economic base of the community by utilizing the
Southern Wisconsin Regional Airport to attract aviation related
businesses.
D. Reduce the financial risk to the taxpayer by timing the implementation of
the Project Plan with the creation of additional property value through
industry expansions and negotiating development agreements with tax
guarantees for specific projects.
E. Generate sufficient new property tax increments from each specific
development project within the TIF District to fully repay the City's TIF
project expenditures associated with the development project.
BOUNDARIES OF TIF No. 34
III.
A tract of land located in Section 23-2-12; in the Northwest ¼ of Section
26-2-12; and in the Northeast ¼ of Section 26-2-12, in the City of Janesville, Rock
County, Wisconsin, whose boundaries are shown on the attached Map 1 and described
as follows:
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Beginning at the Northwest corner of the NW ¼ of said Section 26; thence
o
S030’30.46”E, 1724.80 feet along the West line of said NW ¼; thence
oo
N3254’22”E, 437.09 feet; thence N6855’42”E, 748.41 feet; thence
oo
S4914’24”E, 476.11 feet; thence N4134’34”E, 862.07 feet; thence
oo
N4008’05”E, 194.71 feet; thence N4855’10”W, 46.74 feet; thence
o
N4104’50”E, 546.98 feet; thence along the arc of a curve to the right whose
o
radius is 135.00 feet and whose chord bears N8736’25”E, with a chord length of
o
195.94 feet; thence S4552’00”E, 1301.03 feet; thence along the arc of a curve
o
to the left whose radius is 690.00 feet and whose chord bears S6744’35”E, with
o
a chord length of 514.19 feet; thence S8937’10”E, 690.08 feet; thence
oo
S020’18”E, 119.54 feet; thence N8955’39’76”E, 575.72 feet to the West Right
o
of Way line of US Hwy 51; thence continuing N8955’39”E, 168.42 feet to the
East right-of-way line of US Highway 51; thence in a Northerly direction along
the East right-of-way line of US Highway 51approximately 4048 feet to its
intersection with the North right-of-way line of Enterprise Dr.; thence in a
Westerly direction approximately 107 feet to the Northwest intersection of the
North right-of-way line of Enterprise Dr. and the East right-of-way line of US
Highway 51; thence in a Northerly direction along the Easterly right-of-way line
of the original US Highway 51 approximately 2610 feet to its intersection with the
North Line of Section 23, T.2N., R.12E.; thence in a Westerly direction along the
North Line of said Section 23 approximately 5255 feet to the Northwest Corner
of said Section 23; thence in a Southerly direction along the West line of said
Section 23 approximately 5295 feet to the Southwest Corner of said Section 23,
said Corner also being the Northwest corner of the NW ¼ of Section 26 and the
point of beginning.
EXISTING ZONING AND PROPOSED LAND USES
IV.
The City of Janesville is proposing to create TIF No. 34 to support continued
airport related development at the Southern Wisconsin Regional Airport along US
Highway 51 on the City’s far south side. The proposed TIF District No. 34 contains
769.9.acres of land including two (2) large parcels of tax exempt land totaling 758.7
acres owned by Rock County and used for the Southwest Wisconsin Regional Airport
and 11.2 acres of US Highway 51 street right-of-way. There are 14 parcels of land that
have been leased by Rock County to a variety of airport related businesses that have
been improved with buildings. Since the land owned by Rock County is tax exempt, the
5
building improvements on the leased lots are taxed as personal property.
The proposed TIF district is predominately zoned and used for industrial airport
related purposes (See Map 2). The two (2) parcels of land within TIF No. 34 total 757.5
acres of land (99.8%) and are zoned M-1 Light Industrial. A small 1.2 acre (0.2%)
triangular shaped portion of one parcel is zoned A-Agricultural. The City Community
Development Department may initiate a rezoning request to amend the zoning map to
make all of the land within TIF No. 34 zoned M-1 Light Industrial. Such a zoning
change will make the zoning boundary consistent with existing parcel lines and place
all of the Glen Erin Golf Course within the Conservation Zoning District..
Rock County is also developing an Airport Overlay Zoning District plan which will
regulate land uses in proximity to the airport. Land uses permitted under the M-1 Light
Industrial zoning classification will be subject to a further review under the Airport
Overlay Zoning district to ensure compatibility with airport operations. Generally, land
uses closest to the glide path of approaching and departing aircraft are more heavily
regulated.
No major changes are proposed for land uses which are shown on Map 3.
There are three main areas available for airport related development projects within TIF
No. 34 – one 37 acre area north of the main runways; one 70 acre area east of the
main runways; and one 50 acre area south of the main runways. Vacant land within
these areas may be improved with additional roads, water and sewer utilities, parking
areas, and taxiways to accommodate expansion of existing business or construction of
additional airport related companies..
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PROPOSED TIF PROJECTS AND IMPROVEMENTS
V.
The TIF No. 34 Project Plan recognizes that the existing industrial uses located
in this TIF district may need financial incentives and infrastructure upgrades to continue
their growth. Extensions of the internal road network and water/sewer utilities may be
needed to develop vacant land for additional airport related businesses. In addition,
as activity at the Southern Wisconsin Airport increases, transportation improvements
along US Highway 51 such as intersection upgrades to accommodate turning
movements may be needed to improve transportation safety.
TIF transportation improvements and incentives will facilitate development
projects that will increase property values and will generate new tax increments
allowing the City to recover its TIF costs. The type, kind, number, and location of all
proposed improvements proposed for TIF No. 34 are shown on Map 4 - Improvement
Plan.
A. Transportation and Utility Improvements
Transportation improvements may include the extension of internal roads,
taxiways, and paved parking areas to provide access to development sites for both
automobiles and planes. Primary access to the Southern Wisconsin Regional Airport is
provided from US Highway 51. As activity at the Airport increases, deceleration lanes
and intersection improvements may be needed to increase traffic safety.
In addition, new facilities will need to be connected to municipal water and
sewer services and extensions of utility mains may be needed as growth occurs. The
transportation and utility improvements will be phased along with the specific
development projects as needed. The design, engineering, and construction costs will
be included as TIF expenditures.
B. Project Financing and Development Incentives
Where a specific industrial development project has been identified,
project financing and development incentives may be necessary to ‘close the deal’.
Project financing and development incentives may include the direct reimbursement of
specified development costs, below market rate loans, forgivable loans, funding for
9
relocation and unique start-up costs like employee training, and/or similar financing
programs. Financing may go directly to a development project or to capitalize a
revolving loan fund to provide financing assistance for projects throughout the TIF
district. The use of project financing and development incentives will be secured by a
developer agreement with appropriate guarantees for future property value, property
tax payments and job creation to ensure that the cost of the incentive can be recovered
through future property tax increments.
C. Development Projects within ½ Mile
Changes to State Law also allow the expenditure of TIF funds within ½ mile of an
existing TIF boundary. While much of the land within ½ mile of TIF No. 34 is currently
located outside the City of Janesville corporate limits, the City does have a boundary
agreement with the Town of Rock, and land surrounding the airport will be annexed to
the City of Janesville as development occurs. Where industrial development projects
occur on land annexed to the City within this ½ mile boundary, funding from TIF No. 34
may be used to support the development project. If the development project is
contiguous to TIF No. 34, the City may propose a boundary amendment to the TIF
No. 34 Project Plan. The development projects located within ½ mile of proposed TIF
No 34 may need project financing and/or development incentives to maintain
employment levels or to undertake future expansion projects. (See Map 5).
D. Administrative Costs and Marketing Costs
In order to attract development opportunities within TIF No. 34, it may be
necessary to implement a marketing program. Marketing activities may include the
development of brochures, photographs, topography profiles and maps for use with
industry prospects. Marketing may also include architectural and feasibility studies.
Once the marketing materials are available, a direct mail program may be
implemented to attract new aviation related development projects. Marketing activities
may also include the payment of real estate commissions where a private “buyer’s
broker” facilitates a new development in TIF No. 34.
The TIF No. 34 project plan includes the cost incurred for administrative,
professional, organizational, and legal services related to the creation and
10
administration of the TIF district. Direct engineering costs shall be charged to the
11
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specific construction projects within the TIF District. Direct legal and planning costs will
be charged as administrative costs. Finally, the cost of the three TIF audits required
under Wisconsin Statutes ss.66.1105 and the Department of Revenue’s TIF review fee
will be included as TIF project costs.
DETAILED LIST OF ESTIMATED PROJECT COSTS
VI.
In order to determine the economic feasibility of the proposed TIF District No.
34, total project costs must be estimated and compared to the projected tax increments
that will be generated by the new development in the TIF district. Based on 2008
construction costs, TIF No. 34 improvement costs are estimated as follows:
A. Transportation and Utility Improvements $187,500
B. Project Financing & Develop. Incentives $475,000
C. Development Projects within ½ Mile $187,500
D. Administration & Marketing $ 42,000
Total Cost of Improvements $892,000
The estimated cost of TIF expenditures is $892,000. Since the project costs
may be incurred over the first fifteen (15) years of the TIF district, while TIF revenues
will be collected over a maximum of twenty (20) years, the City will have to finance any
negative TIF fund balance through interfund borrowing. Based on conservative
projections, debt service and interfund borrowing will add an additional $250,485 in TIF
financing costs, bringing the total estimated TIF No. 34 project costs to $1,142,485.
All project costs and interfund borrowing estimates are based on the most
current cost data available in January, 2009 and may be adjusted within the total
amount shown without modification or amendment of this TIF No. 34 Project Plan.
All of the TIF No. 34 project costs except debt service and interfund borrowing
will be incurred during the first fifteen years of the TIF District. Table No. 1 shows the
schedule and timing of the proposed expenditures. The actual timing of expenditures
13
will be contingent on the commitments from industries expanding their facilities and
guaranteeing a minimum property value that will generate sufficient tax increments over
the life of the TIF district to cover the TIF project costs.
Table No. 1
Tax Increment District No. 34
Summary of TIF Costs By Year
Year Type of Cost Cost
2009 Development Incentives, Administration $110,100
2010 ½ Mile Projects, Marketing & Admin. $ 66,850
2011 Development Incentives, Administration $159,000
2012 Transportation, Utilities, ½ Mile Projects, $ 191,850
Marketing & Administration
2013 Development Incentives, $118,000
Marketing & Administration
2014 ½ mile Projects, Marketing Admin., $63,850
2015 Development Incentives, Administration $115,000
2016 Transportation & Utilities, Administration $67,350
Total Cost of Improvements 892,000
Debt Service and Interfund Borrowing $ 250,485
Total Estimated TIF No. 34 Costs $ 1,142,485
--------------------------------------------------------------------------------------------------------
Prepared By: Economic Development Agency
14
ECONOMIC FEASIBILITY AND METHODS OF FINANCING
VII.
A. Economic Feasibility Analysis
Under Wisconsin's Tax Increment District Law (ss. 66.1105), 100% of the
property taxes levied against new property value created within a TIF district is retained
by the City to pay for improvement costs that were incurred to attract the new
development. Implicit in the law is the concept that without the improvements, the
attraction of new development, the creation of new jobs, and the expansion of the tax
base would not occur.
The Wisconsin TIF law allows the City fifteen (15) years in which to make
the improvements needed to stimulate and support development. The property tax
increments generated by the new development are retained by the City until all TIF
costs are paid, or up to a maximum of five (5) years after the last expenditure is made.
In no case shall the TIF district have a life longer than twenty (20) years.
The City of Janesville's Tax Increment District No. 34 will be created by
Council action in March, 2009. Therefore, all TIF project improvements must be
completed by March, 2024. The taxes on any increased property value in the district
between 2010 and 2028 will be retained by the City to repay the TIF project costs. TIF
No. 34 will be dissolved when all TIF project costs are repaid, or in March, 2028
whichever comes first.
In order to determine the economic feasibility of the proposed TIF district,
estimated TIF costs must be compared to projected TIF property tax increments.
Where tax increments exceed TIF costs over the twenty (20) year life of the TIF district,
the TIF district is considered economically feasible.
The City of Janesville has made conservative assumptions about the
future to determine the economic feasibility of TIF No. 34. All TIF costs related to
development projects are incurred according to the schedule shown in Table No. 1.
TIF property value increases for are shown for development projects that may occur
adding $4,500,000 in new value between 2009 through 2016.
15
The actual pace of development may be different than expected. Where
possible, the expenditure of TIF monies will be phased and linked to known
development projects. The City will enter into binding contracts with the developers
locating projects within TIF No. 34 that will guarantee the minimum amount of
investment needed to fully amortize all TIF costs associated with each project. The
th
overall TIF District should be able to recover all costs by the year 2025, the 17 year
of the TIF district.
The equalized value property tax mill rate levy is projected to increase
2.5% annually due to inflation. This assumption is conservative since equalized
property values have increased an average of 5.35% over the past seven (7) years.
The equalized value mill rate is projected to decrease by 1.0% per year. This too, is a
conservative assumption given the rapid increase in municipal costs for health care
and petroleum, and the increasing cost of debt service for major capital projects.
Based on these assumptions, the $4,500,000 in new property value generated by
development within TIF No. 34 will create sufficient new property tax increments to
repay all planned TIF project costs. The City will limit the implementation of TIF
expenditures until the actual levels of new property value are known and increases in
property tax increments are guaranteed through developer agreements or already
completed projects.
Table 2 shows TIF costs including financing of $1,142,485. If $4,500,000
of new property value is created as projected in Table 2, the TIF district will generate a
total of $1,470,363 in property tax increments over the 20 year life of the district. Since
property tax increments are projected to exceed TIF costs by $327,878 TIF No. 34 is
found to be economically feasible. Projected TIF revenues will cover TIF costs within
17 years and the City projects that TIF No. 34 may be dissolved by 2025.
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1/22/09JDV
TIF No. 34 - Southwest Wisconsin Regional Airport
City of Janesville
Tax Increment vs. TIF Cost Comparison
Equalized Long Admin.
Const.TotalValueTaxTermDebt & OtherInterfundTIF
YearValueTID ValueMill RateIncrementDebtServiceCapital DirectInterestBalanceYearTIF
Increment ProceedsCostsExpend.CostsCosts Year
2008 - - 0.020583 - - - - - - -2008
2009 - - 0.020377 - 100,000 - 100,000 10,100 -(10,100)20091
2010 750,000 768,750 0.020174 - 62,500 14,000 62,500 4,350 253(28,703)20102
2011 - 787,969 0.019972 15,508 150,000 22,350 150,000 9,000 718(45,263)20113
2012 1,250,000 2,088,9180.019772 15,737 187,500 42,700 187,500 4,350 1,132 (77,707)20124
2013 - 2,141,1410.019574 41,302 112,500 67,700 112,500 5,500 1,943 (111,548)20135
2014 1,250,000 3,475,9190.019379 41,912 62,500 81,450 62,500 1,350 2,789 (155,225)20146
2015 - 3,562,8170.019185 67,359 112,500 87,750 112,500 2,500 3,881 (181,998)20157
2016 1,250,000 4,933,1380.018993 68,352 62,500 100,800 62,500 4,850 4,550 (223,845)20168
2017 - 5,056,4660.018803 93,695 - 106,400 - - 5,596 (242,146)20179
2018 - 5,182,8780.018615 95,077 - 103,000 - - 6,054 (256,123)201810
2019 - 5,312,4500.018429 96,480 - 99,600 - - 6,403 (265,646)201911
2020 - 5,445,2610.018245 97,903 - 86,200 - - 6,641 (260,584)202012
2021 - 5,581,3930.018062 99,347 - 76,950 - - 6,515 (244,703)202113
2022 - 5,720,9280.017882 100,812 - 59,200 - - 6,118 (209,208)202214
2023 - 5,863,9510.017703 102,299 - 38,300 - - 5,230 (150,439)202315
2024 - 6,010,5490.017526 103,808 - 25,650 - - 3,761 (76,042)202416
2025 - 6,160,8130.017350 105,339 - 18,450 - - 1,901 8,946202517
2026 - 6,314,8340.017177 106,893 - 6,500 - - -109,339202618
2027 - 6,472,7040.017005 108,470 - - - - -217,809202719
2028 - 6,634,5220.016835 110,070 - - - - -327,878202820
4,500,000 Totals:$1,470,363 $ 1,037,000 $ 42,000 $ 63,485
Assumptions:
1. Eq. Value Growth1.025
2. Mill Rate Growth :0.99
3. Interfund Cost :0.025Expenditures:AmountYear
4. G.O. Bond Rate :0.04Debt1101002009
Debt668502010
Debt1590002011
Debt1918502012
New Construction Debt1180002013
2009750000Debt638502014
20100Debt1150002015
20111250000Debt673502016
20120 Project Costs892000
20131250000 Interest Costs250485
20140 Total TIF Costs1142485
20151250000
Prepared By: Economic Development Agency
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B. Methods of Financing
Wisconsin Statutes provide several methods of financing the cost of
improvements in tax increment districts. For smaller amounts, financing through the
general fund may be feasible. Transfers can be made from the municipal general fund
account into the TIF expenditure account to cover the cost of TIF improvements. This
method of financing avoids the interest cost associated with municipal borrowing.
However, since the General Fund balance is
reduced, the General Fund loses interest income, an interfund borrowing cost is
charged to the TIF account.
State law also provides for municipal borrowing. Community borrowing is
divided into two forms -- that subject to a statutory limitation and borrowing not subject
to limitation. Possible funding sources include:
1. General Obligation Borrowing - Is sometimes referred to as a local
promissory note from a bank, State Trust Fund, or other lending
institution. This form of borrowing requires little effort or legal costs
and works well for smaller sums. This sort of borrowing is included
in the municipal borrowing limitation.
2. General Obligation Bonding – Is a irrepealable
property tax obligation of the community. General
obligation bonds can often be sold at lower interest
rates than other forms of borrowing. However, there
are additional regulations and requirements that make
G.O. Bonds suitable for larger projects. G.O. Bonds
are included in the municipal borrowing limitation.
3. Mortgage Revenue Bonds - Are repaid through the revenue
generated by a public utility like a water or sewer utility. Revenue
bonds also have regulatory and legal requirements that make them
suitable for larger project costs. Since revenue bonds do not
pledge the community's taxing capacity, they are not subject to a
municipal borrowing limitation.
4. Federal and State Grant or Loan Programs - Like Community
Development Block Grants or State Transportation aids are
sometimes available to supplement local funding sources.
However, the amount of grant dollars available is limited and state
and federal funding is uncertain given the need to balance budgets.
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The actual method of financing specific TIF projects will be determined by
the City based on the current fiscal condition of the City, anticipated non-TIF capital
needs, municipal borrowing rates and terms, and the amount of financing needed.
Where general obligation borrowing is used, TIF financing costs have been calculated
assuming financing over ten (10) years, with equal principal payments.
The City will not proceed with any phase of the planned public
improvements until a developer or business is committed to construct a new building or
renovate an existing building with a value sufficient to generate the property tax
increments needed to cover the cost of the improvements. Therefore, the actual City
expenditures in TIF No. 34 may be substantially different.
C. Additional Economic Benefits
The economic feasibility analysis has shown that the property tax
increments will be sufficient to cover all TIF project costs over the twenty (20) year life
of the TIF district. The development of TIF No. 34 will facilitate development projects,
increase property values, and create new jobs in the City of Janesville. These jobs will
help diversify the local economy and the increased payrolls will have a positive
multiplier effect in the trade and service sectors.
PROPOSED CHANGES IN ORDINANCES, CODES, & PLANS
VIII.
The proposed TIF No. 34 project plan is in conformance with the City of
Janesville's present zoning ordinance, with the City's Industrial Development Plan and
the General Development Plan. The proposed Project Plan is also consistent with the
City’s draft 2008 Comprehensive Plan which is going through the public review
process. All development in TIF No. 34 will have to conform to the State Building
Codes and will be subject to the City's permitting and inspection procedures. The
proposed land uses will also have to conform to the planned Airport Overlay Zoning
District. The TIF No. 34 project plan conforms to all relevant State and local
19
ordinances, plans, and codes, thus, no changes to the existing regulations are
proposed or needed.
20
LIST OF ESTIMATED NON-PROJECT COSTS
IX.
All of the public improvements and other project costs included in this project
plan are TIF eligible costs as defined in Wisconsin Statutes ss. 66.1105, the Tax
Increment District Law. Some expenditures are envisioned outside the boundaries of
but within ½ mile of the proposed TIF district. These expenditures are now allowed by
recent changes to Wisconsin’s TIF law. Where possible, the City will use a
combination of federal and state funding sources to construct the planned
transportation improvements. The use of these federal and state funding sources will
reduce the portion of the improvement cost allocated to the TIF district.
METHODS FOR RELOCATION OF DISPLACED PERSONS
X.
The TIF No. 34 Project Plan does plan land acquisition for future industrial site
development. There should not be any displacement of persons or business needing
relocation assistance. If, for any reason, relocation should be necessitated by the
City's involvement in the implementation of this Project Plan, it will be undertaken
pursuant to Wisconsin Statutes Section 32.19 and 33.195, and according to a
Relocation Plan, as approved by the Wisconsin Department of Commerce. Where
federal dollars are used for the planned transportation improvements, federal relocation
laws will be followed as well.
PROMOTION OF THE ORDERLY DEVELOPMENT OF THE CITY
XI.
The creation of TIF No. 34 and the implementation of the projects in the TIF
Project Plan will promote the orderly development of the City of Janesville by
encouraging the expansion of existing industries already served by municipal
transportation and utility infrastructure. Such expansion projects reduce the need to
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purchase and develop additional farmland into industrial parks.
By promoting development of aviation related industries by the Southern
Wisconsin Regional Airport, the community can more fully realize the benefits of the
investment in the airport infrastructure and increase aviation related activity that will
improve the long term financial stability of this important transportation facility.
By providing financial incentives to stimulate private development projects, the
City is able to ensure that economic growth continues to occur, thus offsetting the
inevitable loss of jobs and incomes when economic conditions force the closure of
other employers in the community.
By utilizing the provisions of the Tax Increment Finance Law, the City can
increase property values through development projects that result in increased tax
base. TIF No. 34 will add to the tax and employment base of the community, and will
generate positive secondary impacts in the community through increased local
disposable incomes.
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CITY ATTORNEY’S OFFICE MEMORANDUM
April 6, 2009
MEMORANDUM
TO: J. Douglas Venable, Director of Economic Development
FROM: Wald Klimczyk, City Attorney
RE: Legal Opinion -- T.I.F. No. 34 Project Plan
Sec. 66.1105(4)(f), Wis. Stats., of the Tax Increment Financing Law mandates that
the project plan for a proposed tax increment financing district "include an opinion of the
city attorney or an attorney retained by the city advising whether the plan is complete and
complies with this section.” You have asked me to review a certain proposed “Tax
Incremental Finance District No. 34 Project Plan,” dated May 11, 2009, for Tax Increment
Finance (T.I.F.) District Number 34 and determine if, in my opinion, it is complete and
complies with the requirements of Wisconsin's T.I.F. Law. This memorandum constitutes
my legal opinion.
Sec. 66.1105(4)(f), Wis. Stats., sets forth those components of a T.I.F. project plan
which are required by state law. They are as follows:
1. A statement listing the kind, number, and location of all proposed public
works or improvements within the district or, to the extent provided in Section 66.1105(4)(f)
1. k, Wis. Stats., outside the district;
2. An economic feasibility study;
3. A detailed list of estimated project costs;
4. A description of the methods of financing all of the estimated projected costs;
5. The time when the costs or monetary obligations related thereto are to be
incurred;
J. Douglas Venable
April 6, 2009
Page 2
6. A map showing the existing uses and conditions of the real property in the
district;
7. A map showing the proposed improvements and uses in the district;
8. Proposed changes of:
a. Zoning ordinances.
b. The master plan, if any.
c. The master map, if any.
d. Building codes.
e. City ordinances.
9. A list of estimated non-project costs;
10. A statement of proposed methods for the relocation of any person(s) to be
displaced; and
11. How the Tax Increment Financing District promotes the orderly development
of the City.
I have reviewed proposed “Tax Incremental Finance District No. 34 Project Plan,”
dated May 11, 2009, for Tax Increment Finance (T.I.F.) District Number 34, prepared by
the City of Janesville Economic Development Agency and Finance Division. It is my legal
opinion that said project plan as prepared by the Economic Development Agency is
complete and does comply with Section 66.1105(4) (f), Wis. Stats. According to the terms
of the above cited statute, this legal opinion should now become the final component of
that project plan amendment.
Wald Klimczyk
City Attorney
wk
cc: Jean Ann Wulf, City Clerk-Treasurer
Resolution No. 2009 – 596
RESOLUTION RE-APPROVING THE PROJECT PLAN AND CREATING TAX
INCREMENT FINANCE DISTRICT No. 34 WITHIN THE CITY OF JANESVILLE
ROCK COUNTY, WISCONSIN
WHEREAS, the Common Council of the City of Janesville previously adopted
Resolution 2009 – 577 creating Tax Increment Finance District No. 34; and
WHEREAS, the public notice of the Plan Commission Public Hearing was not
published as required by Section 66.1105; therefore, the City needs to re-do the TIF
creation process; and
WHEREAS, the Plan Commission has now held a properly noticed public hearing on
the proposed creation of Tax Increment District No. 34 and the proposed boundaries
thereof, and on the proposed Project Plan for Tax Increment District No. 34 which is
attached hereto by reference; and
WHEREAS, the Chief Executive Officer of Janesville School District, Rock County
Board, Blackhawk Technical College, and the other entities having the power to levy
taxes on the property located within the proposed Tax Increment District No. 34 have
been notified under Section 66.1105 (4) (a) and (e), Wisconsin State Statutes; and
WHEREAS, the Joint Review Board required by Section (4m) of Chapter 66.1105 of
Wisconsin State Statutes has been convened; and
WHEREAS, the City Attorney has determined that the Project Plan for TIF No. 34 is
complete and complies with Wisconsin Statutes; and
WHEREAS, the adoption of the Project Plan and the creation of TIF No. 34 by the City
of Janesville, pursuant to the Tax Increment Law finds that:
A. There is hereby created a Tax Increment District to be known as Tax Increment
District No. 34, in the City of Janesville, as described in the above referenced and
herein incorporated TIF No. 34 Project Plan.
B. Such TIF District No. 34 is created with an effective date of January 1, 2009.
C. Not less than 50% of the area of real property within such TIF District No. 34 is
suitable for industrial development and that TIF No. 34 shall be classified as an
“industrial” district for the purposes of Section 66.1105 (4) (gm) 6.
D. The improvement of such area by implementing the TIF No. 34 Project Plan is
likely to significantly enhance the value of substantially all other real property in
such district and the surrounding neighborhood.
Resolution 2009 – 596
Page 2
E. The proposed Project Costs relate directly to promote industrial development
consistent with the purpose for which the TIF District is created under Sub-section
66.1105. (4) (a).
F. The aggregate equalized value of taxable property within proposed TIF District
No. 34 plus the value increment of all existing Janesville TIF Districts does not
exceed 12% of the total equalized value of all property within the City of
Janesville.
G. Such Project Plan for TIF District No. 34, City of Janesville is economically
feasible.
H. The Project Plan for TIF District No. 34 is in conformance with the City’s Plans.
BE IT FURTHER RESOLVED, that the Common Council of the City of Janesville
approve the district boundaries as described in the attached Project Plan, and further,
approve the Project Plan for TIF District No. 34 pursuant to the provisions of Section
66.1105 of the Wisconsin State Statutes.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
McDonald
Eric J. Levitt, City Manager
Perrotto
Rashkin
ATTEST:
Steeber
Truman
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
City Attorney
Proposed by: City Manager
Prepared by: Economic Development Director
Community Development Department Memorandum
May 11, 2009
TO: Janesville City Council
FROM: Al Hulick, Development Specialist
SUBJECT: Action on a proposed resolution approving the Final Plat of Afton
Reserve (File Resolution No. 2009-598).
RECOMMENDATION
The Plan Commission and Community Development Department recommend
that the City Council support a motion to approve Resolution No. 2009-598
approving the final plat of Afton Reserve.
SUGGESTED MOTION
To make a motion approving Resolution No. 2009-598 approving the Final Plat of
Afton Reserve.
REQUEST
Hendricks Land Development, LLC, has requested final plat approval of Afton
Reserve which will subdivide 24.16 acres into 12 rural residential lots located
outside the City within Rock Township. The subject plat area is located south of
Cemetery Road and west of County Highway D approximately 0.5 miles south of
the City limits. Since this survey is within the City’s extraterritorial plat review
area, Plan Commission review and approval is necessary.
BACKGROUND
The City Council previously reviewed and approved this final plat in October
2006. However, the Developer decided to not record the plat at that time.
Because the statutory timeframe of 24 months required for recording of the plat
has expired, the final plat of Afton Reserve has been resubmitted for review and
approval by the Plan Commission and City Council.
ANALYSIS
A. The property is currently vacant crop land with agricultural land to the
west, rural residential homes to the north and east and a combination
of rural residential and agricultural uses to the south.
B. On 6 February 2006, the Plan Commission reviewed and conditionally
approved the preliminary plat. The final plat has been prepared in
compliance with those conditions of preliminary plat approval.
C. The Comprehensive Plan designates this area as Single-Family
Exurban which allows for rural residential development.
D. The plat proposes to create12 rural residential lots, including 2 outlots,
ranging from 0.9 acres to 10.5 acres in size. The plat expands upon
an existing rural residential development adjoining to the south. The
lots comply with the subdivision ordinance standards and are generally
consistent with the size and character of other lots within this area.
E. Since the plat is outside of the City limits and beyond an area expected
to be served by the City in the future, no sidewalks, streetlights, or
sewer service is planned.
F. The necessary drainage and utility easements are shown on the plat,
including the requisite notes regarding the use of those facilities.
IV. PLAN COMMISSION ACTION – 20 APRIL 2009
The Plan Commission unanimously agreed to forward the final plat of
Afton Reserve to the City Council with a favorable recommendation.
cc: Duane Cherek
Brad Cantrell
RESOLUTION NO. 2009-598
A resolution approving the final plat of Afton Reserve.
WHEREAS
, a plat of "Afton Reserve", a subdivision lying in the NE.1/4 of the
SE.1/4 and the NW.1/4 of the SE.1/4, also the SW.1/4 of the NE.1/4, all in
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Section 21, T.2N., R.12E. of the 4 P.M., Rock Township, Rock County,
Wisconsin, was duly approved by the City Plan Commission on the 20 day of
April, 2009, and is incorporated herein by reference;
WHEREBY
, this certain tract of land is platted into lots, outlots, blocks and
streets;
NOW THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL
of the
City of Janesville, Rock County, Wisconsin, that said plat of Afton Reserve be
and is hereby accepted and approved for the purposes thereon shown.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
McDonald
Eric J. Levitt, City Manager
Perrotto
Rashkin
ATTEST:
Steeber
Truman
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
City Attorney
Proposed by: Applicant
Prepared by: Community Development Department
LEISURE SERVICES DEPARTMENT MEMORANDUM
May 1, 2009
MEMO TO: City Council
MEMO FROM: Bonnie Davis, Recreation Director
SUBJECT: Action on a Financial Gain Request from the Independent
Order of Oddfellows to conduct “Rock n’ Thunder” on public
land
________________________________________________________________
Introduction
The Janesville Independent Order of Oddfellows, a non-profit organization, has
submitted an application for Public Event, requesting to conduct “Rock n’ Thunder”
Fourth of July festivities for the Janesville community. An admission fee will be not be
charged, however, donations for ECHO or the Rock County Humane Society will be
solicited. Vendor sales will also be coordinated by the Oddfellows Planning Committee.
According to Chapter 12.62, in section 12.62.020 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 layout map.
Staff Recommendation
Leisure Services has reviewed this application, and staff recommends that the City
Council approve the request from the Independent Order of Oddfellows to conduct the
“Rock n’ Thunder” Fourth of July celebration at the Youth Sports Complex on July 2-4
as requested.
City Manager recommendation
The City Manager concurs with Leisure Service staff’s recommendation.
Suggested Motion
I move to approve the financial gain request from the Independent Order of Oddfellows
to conduct “Rock n’ Thunder” on public land.
Background
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Since 1992, the Jaycees have sponsored July 4 festivities for Janesville residents.
The City has had a long history of supporting the Jaycees in the facilitation and
coordination of the event. The Jaycees disbanded in the fall of 2008. The Independent
Order of Oddfellows has agreed to continue the event as “Rock n’ Thunder” Fourth of
July celebration. Two of the main organizers of the 2009 event are past members of the
Jaycees. The Department of Leisure Services is confident that their expertise will assist
the Oddfellows in providing the community with a quality event.
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This year the celebration will be held July 2 – July 4. The event is proposed for the
Janesville Youth Sports complex. Leisure Services has met with the Oddfellows and
the Youth Sports Coalition to address any concerns and the Youth Sports Coalition
approved the use of the Sports Complex for the event. Activities include: bands,
children’s activities, concessions and a carnival. The fireworks display will take place
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on Saturday, July 4 at dusk.
The Independent Order of Oddfellows has paid the necessary events fees to Leisure
Services. They have also applied for necessary permits and submitted a map that
provides a layout of the event. Once the event is approved, the Oddfellows will provide
a Certificate of Insurance prior to the event.
Please contact me if you have questions or concerns about this event.
Attachments
cc: Eric Levitt, City Manager
Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services
Jennifer Petruzzello, Neighborhood Services Director
2
COMMUNITY DEVELOPMENT DEPARTMENT
May 6, 2009
TO: City Council
FROM: Gale S. Price, AICP, Manager of Building and Development Services
SUBJECT: Review and approval of an Economic Development Grant to Red Robin
International, Inc. owners of Red Robin Restaurant located at 2430 Humes Road.
Executive Summary
In 2002 the City Council adopted an ordinance to establish an Economic Development Grant
program to permit the City Council to approve economic grants to those establishments that
obtain a Reserve Class B liquor license. Based on specific criteria the City Council may
approve such grants up to the one-time $10,000 Reserve Class B liquor license fee. Red Robin
International has requested an Economic Development Grant for their Reserve Class B license
which was issued on May 15, 2008.
Committee and Staff Recommendation
The Alcohol License Advisory Committee and the Community Development Department
recommends that following City Council review, a motion to approve an Economic
Development Grant in the amount of $10,000 for Red Robin International Inc, owners of Red
Robin Restaurant be approved.
Suggested Motion
To make a motion to approve an Economic Development Grant in the amount of $10,000 for
Red Robin International, Incorporated.
Request
The City Clerks Office has received a written request for a $10,000 Economic Development
Grant from Susan Lapinski of Quarles & Brady LLP, representing Red Robin International, Inc.,
owner of the Red Robin restaurant which is located at 2430 Humes Road. Red Robin
International was issued a Reserve Class B license on May 15, 2008 and paid their initial
$10,000 Reserve Class B license fee at that time.
Background
Alcohol licenses are regulated by State Statute Chapter 125 and Janesville Code of General
Ordinances Chapter 5. In 1997, the State reduced the number of Class B licenses that a
municipality may issue and created a new Reserve Class B alcohol license. A Class B license
and a Reserve Class B license are the same except for the cost. A Class B license costs $600
per year and a Reserve Class B license costs $600 per year plus a one-time fee of $10,000
when the license is initially issued. The fees are paid to and retained by the City.
Since the enactment of this Reserve Class B license fee, several cities in Wisconsin have
created an economic development grant program which in effect refunds all or part of the initial
$10,000 fee. In 2002, the City Council adopted an ordinance to establish such an Economic
Development Grant Program to allow the City Council to issue a one-time non-repayable grant
to businesses who receive a Reserve Class B License. According to the ordinance, after
submission by the applicant of a written application to the City Clerk for a grant, the City Council
1
may provide an Economic Development Grant to the licensee in an amount not to exceed
$10,000 following a review and recommendation from the Alcohol Licensing Advisory
Committee (ALAC).
The ordinance further provides that the City Council may consider the following criteria when
determining whether to grant all or part of the $10,000 grant to a particular applicant:
1. That the extent to which the license and/or the grant will promote a redevelopment or
rehabilitation project in the downtown or other commercial areas including the amount of
investment, the extent of rehabilitation, historic preservation and public improvement
effectuated, and related revitalization, health, welfare, peace and public good order
factors.
2. That the applicant demonstrates that their investment and the establishment issued the
Class B reserve intoxicating liquor alcohol beverage license is equal to or greater than
the dollar amount of the grant request.
3. That the Class B reserve establishment is located at least 300 feet from any residential-
zoned area.
Analysis
The Community Development Department has evaluated this request based on the above
criteria and believes that the entire $10,000 initial license fee could be refunded as a grant.
Staff’s findings are based on:
1. While the property is not located within the downtown area, it is located in a developed
commercial corridor. This project could be considered in-fill development. In the
approval of this project the developer was required to landscape the adjacent Shopko
property in order for both commercial projects to comply with the green space and
landscaping requirements. The landscape and green area improvements, in addition to
the building’s high quality architecture have improved the appearance of this portion of
the Humes Road commercial corridor.
2. The Red Robin restaurant investment has increased property value on the site to well
over $600,000 and the development required a total investment of 1.5 million dollars. In
addition, the facility employs approximately 78 full and part-time employees. This
amount of investment far exceeds the $10,000 initial license fee.
3. The proposed establishment is located greater than 300 feet from a residentially-zoned
area.
The Alcohol License Advisory Committee reviewed this request at it’s May 5, 2009 meeting and
voted unanimously to forward the request with a favorable recommendation.
cc: Eric Levitt
Jacob J. Winzenz
2
Community Development Department Memorandum
May 11, 2009
TO: City Council
FROM: Brad Cantrell, Community Development Director
SUBJECT: Review of Downtown Parking Garage Project
SUMMARY
The City recently contracted with Arnold & O’Sheridan Inc. to provide
engineering, design and cost estimates for the construction of a four level, 225
stall parking garage on the City owned surface parking lot at the corner of North
Parker Drive and East Wall Street. The four level parking garage is estimated to
cost $4.4 million including engineering design. If authorized to proceed the final
design of the structure will be completed for bidding in June and July with
construction commencing in September. The parking garage will be completed
in the late Spring of 2010. Community Development staff desires to present the
parking garage plan to the Council, ask for direction and request authorization to
proceed to final design and bidding.
STAFF RECOMMENDATION
The Community Development Department recommends that following a staff
presentation on the parking garage, the City Council authorize staff to proceed to
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final design and bidding of the project. On May 4the Plan Commission
endorsed the architectural design of the parking garage and forwarded the plan
to the City Council with a favorable recommendation.
SUGGESTED MOTION
Move to authorize staff to proceed to final design and bidding of the Downtown
Parking Garage.
CITY MANAGER RECOMMENDATION
The City Manager recommends approval to proceed with a four level parking
garage to accommodate approximately 220 parking spaces.
BACKGROUND
The Downtown Vision & Strategy completed in 2007 recommends the City focus
its efforts at revitalizing existing buildings and increasing activity levels in the core
of the downtown. Today’s society requires convenient access and parking for
successful business locations. Without adequate parking in close proximity to
major activity centers, current development efforts will languish.
The Community Development Department believes that the lack of parking
readily accessible to the major downtown office buildings has provided a
disincentive in attracting office uses in the area. Staff believes that the city
should become more proactive in providing parking in the Downtown area.
Structured parking is the only viable option available to provide parking that is
readily accessible to office buildings in the Downtown area.
The City decided to explore a variety of locations and options for a parking
structure. Ayres & Associates was contracted in early 2008 to evaluate multiple
parking structure designs for locations at Parker Drive & East Wall Street (subject
location) and the “Johnson Bank” site along North Main Street.
While staff ultimately believes that multiple parking structures will likely need to
be constructed in the downtown area, the first priority location was determined to
be the Parker/Wall street location.
ANALYSIS
A. The proposed parking structure will be constructed over the existing
surface parking lot at the corner of North Parker Drive and East Wall
Street. No property acquisition will be necessary. The structure has been
designed to have four levels and provide 225 parking stalls. The structure
has also been designed for the future addition of a fifth level if necessary
because of increased parking demand.
B. Because of the sloping grades existing at this site, access to the ramp will
be provided from East Wall Street and North Parker Drive. The “ground
level”, or first, level of the parking ramp is designed to be separated from
the rest of the structure with access provided only from East Wall Street.
The other three levels of the parking ramp will be connected by an internal
ramp with access provided from North Parker Drive. By having the other
levels separated, the ground level will be more open and allow for more
parking stalls and space that could be used for Community Events
including the farmer’s market in inclement weather. The fourth floor of the
structure will remain uncovered as roof level parking. A four level option
has a construction estimate of $4.4 million and would provide 225 parking
stalls. Staff has also prepared a preliminary design option for a 3 ½ level
structure shown in attached elevations in order to reduce costs. The 3 ½
level structure would accommodate 185 parking stalls and cost
approximately $4.1 million.
C. Stairwells will be located at the southeast and southwest corners of the
structure with an elevator located at the southwest corner. The stairwells
and elevator will be accessible to all four floors.
D. The structure has been designed to accommodate an enclosed bridge
connection from the second level of the ramp to the adjacent Helgesen
Building located at 101 East Milwaukee Street. The previous parking
structure also had a bridge connection from the ramp to the Helgesen
Building. The bridge structure will be bid as an add-on alternate and
potentially be constructed with the project if favorable bids are received.
Staff has had several discussions with the owner of the building, and feels
that this connection is desirable to provide tenants direct access to the
structure. The structure has also been designed to allow for a future
bridge access to the third floor of the Odd Fellows building located on
North Main Street if that is determined necessary in the future. In addition,
the structure will provide for pedestrian access from the second level to
the alley located on the south side of the structure.
E. The existing alleyway located behind 18-22 North Main Street will remain
open to allow access to the existing surface parking lot located on North
Main Street and provide access to dumpsters located at the rear of the
businesses (see attached ground floor site plan).
F. The structure will be constructed out of precast concrete as opposed to
poured in placed (post-tensioned) concrete which typically has a higher
construction cost. The architect has provided two options for the exterior
façade: thin brick or molded concrete. The thin brick façade is a technique
in which a thin layer of brick is adhered to the precast concrete structure to
provide the appearance of a full brick façade. This technique was recently
used on the new building constructed by Forward Janesville at 18 South
Jackson Street. Molded concrete also provides the appearance of a brick
façade by molding and staining concrete to appear as brick. The thin brick
option provides more maintenance flexibility by being able to replace
chipped or damaged pieces of the façade, and there is no need to repaint
or stain the surface over time. However, a thin brick façade typically has a
higher upfront cost. Overall budget considerations will predicate which
façade surface is ultimately used.
G. Because the building is within the Downtown area and adjoining the East
Milwaukee Street and North Main Street National Register Historic districts
the parking garage design committee was concerned that the structure be
designed in a manner sensitive to the surrounding buildings. The architect
looked at several buildings in the Downtown area in order to incorporate
details similar to those buildings including cornice treatments, window and
building rhythms, etc. Those buildings included the former PC Computer
building at 101 W. Milwaukee Street, the Carriage House at 10 N. Parker
Drive, the Riverfront Center on West Milwaukee Street and the Old Town
Mall on South Main Street. (See attached photo’s of buildings).
The structure is designed with an internal ramp which will allow the top
three floors of the parking ramp to be level and provide a more horizontal
and uniformed appearance from the street (see attached building
elevations). This will allow the structure to appear more as a building than
a parking garage and help blend in with the surrounding buildings in the
area.
H. The proposed parking structure is planned to be constructed over the
existing surface parking lot located at the southwest corner of East Wall
Street and North Parker Drive. The existing surface parking lot contains
84 spaces. The parking structure has been designed to have 50 parking
stalls on the ground level and approximately 12 of the existing surface
spaces will remain outside of the structure (see attached site plan).
I. As typically occurs with larger facility construction projects, a parking
garage committee was created to assist in the design and review of the
facility. Committee representatives include several members of City staff,
various downtown stakeholders, and Councilmember Brunner. This
committee has worked with the consultant on the overall design and
functionality of the garage, as well as the architecture and aesthetics. The
committee has reviewed and approved the proposed design of the
structure.
J. This lot was previously developed as a multi-level parking structure,
originally constructed in 1958 which accommodated a total of 179 parking
spaces. The parking structure was demolished in 2001 and converted into
the existing 84 space surface lot. Currently, the surface lot contains 41
two-hour, 39 leased and four handicapped spaces. A portion of the stalls
in the new structure may be designated for leased parking to the
individuals in the area. SARA Investments, the owners of 101 East
Milwaukee Street, have requested that some leased parking be assigned
to its building. Determination of the number of leased spaces will be
considered by the City Council in the review of a TIF development
agreement. If leased spaces are created they would be leased from 6:00
a.m. to 6:00 p.m. Monday through Saturday and available to the general
public following lease hours.
K. In 1998 the City hired Walker Parking Consultants to determine how much
parking was needed in the Downtown at that time and for the next 10
years. The study included an analysis of the removal of the former
parking garage at Wall and Parker Drive and the Parking Plaza. The
study considered the overall parking demand and supply for the
Downtown but also analyzed it on the basis of activity centers. One of the
activity centers includes the two blocks bounded by Wall Street/Parker
Drive/East Milwaukee Street and the Rock River. Staff updated the study
based on change of land uses within these blocks including the addition of
two bars; Wiggy’s and Quotes. Staff has determined that the total parking
demand in this area is 296 spaces at full building occupancy. The parking
supply in the two blocks not including the existing Wall Street/Parker Drive
lot but counting the on street parking adjoining the blocks and the public
and private lots is 76 spaces. This creates a net parking demand of 220
spaces (296-76 = 220). The new structure is designed for 225 new
spaces, not including the 12 surface stalls that will remain (total 237).
L. City staff held a public open house on April 22 to review the preliminary
design and architecture of the proposed parking garage. Staff sent out
notices to property owners within a two block area and members of the
Downtown Development Alliance (DDA). Approximately 25 individuals
attended this meeting in addition to City Staff members and the
engineering consultants. Members of the public asked general questions
on the scheduling of the proposed parking garage. Staff indicated that
following Plan Commission review and City Council endorsement, staff
would proceed on the detailed engineering design, award BIDs in August
and construction could commence in September of this year. The project
would likely then be completed in the late Spring of 2010. Individuals
asked what the City would be doing to accommodate parking in the interim
when this parking lot is taken out of service. Staff will work with business
and property owners to direct customers to other nearby public lots
including the Parking Plaza, South Main Street and East Wall Street lots.
A copy of the informational handout distributed at the public open house is
attached for your review.
th
M. The Janesville Historic Commission reviewed the project at its April 27
meeting. The Commission voted unanimously to endorse the proposed
parking garage design concept as submitted but further expressed a
desire to review the final colors to be selected at a later date. The
Commission also suggested that a medallion symbol be used as an
ornamental feature on the wall panel between the columns at the top level
of the garage instead of the offset masonry square as shown in the
rendering.
N. The four level parking garage containing 225 and is estimated to cost $4.4
million including the cost of engineering and contingency. Staff desires to
bid the project in two phases. The first phase is the pre-cast structure and
according to engineers would account for approximately 50% of the cost
of the project. This portion would be bid in June. The remainder of the
project would be bid in late July. By biding the project in two phases the
city should have a good understanding of the estimated cost early in the
process. In order to reduce the cost of the project, the Design Committee
recommended that a 3 ½ story parking structure be also be bid as a
possible alternative. Although the Committee believed that a four level
structure was preferable to better address long term parking demands in
the area, they believed that it should be a potential option for
consideration. The project engineers estimated that this would reduce the
overall cost to $4.1 million, but will also reduce the number of parking
spaces to 185. In addition to project reductions, the Design Committee
also recommended that a number of items be bid separately and
considered for inclusion in the project if favorable bids were received.
Those items include: the use of thin brick on the exterior ($108,000); the
pedestrian bridge to 101 E. Milwaukee Street ($103,000); a canopy over
the forth level access ramp ($41,000); and concrete on the ground level
instead of asphalt ($26,000). The Design Committee believed that these
items would add value and durability to the project such as use of thin
brick instead of stained molded concrete; use of concrete on the ground
floor instead of asphalt; and inclusion of the canopy over the forth level
access ramp when snow and ice conditions occur. Although desirable
these items were not considered essential if costs needed to be reduced.
Additionally, the Committee believed that the pedestrian connection to 101
E. Milwaukee would provide convenience for the patrons of that building
however that amenity could also be added in the future.
O. In 2008, $1.25 million was placed in the note issue for construction of the
parking garage. The Administration proposes to place another $1.0
million in the note issue for this year with the balance of funding to be
borrowed in the following year 2010. The Administration has used this
multi-year funding approach on other large projects including police
station, the proposed central fire station, etc. in order to avoid a large
amount of general fund debt borrowing in any one year. Typically a
project of this scale takes approximately one year to engineer and bid and
another year for construction.
PLAN COMMISSION ACTION – MAY 4, 2009
Brad Cantrell, Community Development Director, provided the Plan Commission
with an overview of the proposed downtown parking garage structure. Cantrell
provided information regarding the architectural design, operational facilities,
parking stall capacity, proposed elevations and estimated cost alternatives.
Questions and discussion from Plan Commission Members:
Commissioner Werner asked what the Plan Commission’s architectural review of
this item includes. Cantrell indicated that Plan Commission can consider various
aspects of the structural design and appearance but should not evaluate the
estimated cost factors.
Commissioner Werner asked about the Historic Commission’s role in review of
the structure. Cantrell indicated the Historic Commission reviewed the design
and endorsed the architecture but does not have final authority. Cantrell
suggested the Plan Commission comment on those aspects of the facility they
feel should be included in the design.
Commissioner Voskuil asked how many parking stalls were included in the 3 ½
versus 4-story design alternatives. Cantrell indicated 185 stalls are included in
the 3 ½-level design while 225 stalls would be in the four-level plan.
Commissioner Voskuil asked Cantrell to describe the add-on items which were
not included in the estimated 4.4 million-dollar facility. Cantrell indicated the
proposed add-on costs would be approximately $250,000 in total for the canopy
over the ramp, application of thin brick exterior treatments and construction of a
pedestrian walkway connected to the SARA Investment building.
Commissioner Werner asked about the life expectancy for the structure and if
estimated maintenance costs were available for the different façade treatments.
Cantrell indicated the parking garage has a 40-50 year life span and
maintenance costs for the exterior were unavailable at this time however the
painted molded brick would need to be repainted.
Commissioner Zolidis asked if any other ground-level events were planned for
this portion of the structure during inclement weather. Cantrell indicated that in
addition to the Farmer’s Market, the building design allows for various types of
temporary use options that may not be known at this time.
Commissioner Zolidis asked if any energy efficiency lighting was proposed within
the structure and asked Cantrell for background information on parking demand
figures in the area. Cantrell indicated that LED and induction lighting is being
considered for the facility. He stated that the update to the Walker Parking Study
indicated a need for approximately 220 parking stalls within this immediate
development cluster area of the downtown in addition to the existing 75 parking
stalls in the area.
Commission Hanewold asked if a certain number of stalls would be designated
for use by Sara Investments. Cantrell indicated that Sara Investments would like
to lease a certain amount of parking stalls within the structure but the number is
not yet determined.
Chairman Helgerson asked about the existing parking lots located east of the
proposed structure and questioned if pedestrian accessibility was considered at
the corner of North Parker and Wall Street. Cantrell indicated that the parking
lots to the east were public parking lots containing approximately 115 stalls in
total; however, the location of these spaces was outside the activity area that
defines the need for additional parking along Main Street. Cantrell indicated that
there was considerable discussion by the steering committee regarding the
location of stairwells at the corner of N. Parker and Wall Streets, but the largest
demand for pedestrian accessibility is directed toward Main and Milwaukee
Streets.
Commissioner Perrotto asked if the recommendation to move forward with the
parking garage is based on the need for additional parking regardless of Sara
Investments proposal. Cantrell stated an economic opportunity will come with
the construction of the parking garage. The structure is needed to ignite and
accelerate growth and redevelopment in the downtown area.
There was no further discussion regarding this item. There was a motion by
Commissioner Werner to endorse the architectural design of the downtown
parking garage and forward the plan to the City Council with a favorable
recommendation noting that the Plan Commission has not reviewed the financial
aspects of the proposal. The Commission’s endorsement included the use of
thin brick because of potential long-term maintenance savings, the substitution of
the metal vertical columns in place of the precast elements due to cost savings,
that a four-level structure be constructed and that the brick color be cream city
brick. The motion was seconded by Commissioner Voskuil and was
unanimously approved.
cc: Jacob J. Winzenz, Dir. of Administrative Services/Assistant City Manager
DEPARTMENT OF PUBLIC WORKS MEMORANDUM
May 4, 2009
TO: City Council
FROM: John Whitcomb, Operations Director
SUBJECT: Proposed Salt Storage Facility
Summary
This memo examines issues related to a staff recommendation to construct a
new salt storage facility at the City Services Center versus construction at some
satellite location.
Staff Recommendation
Following Council discussion, staff recommends the City Council authorize
construction of a salt storage facility at the City Services Center.
Recommended Motion
I move to approve construction of a salt storage facility at the City Services
Center as recommended by staff.
City Manager Recommendation
No recommendation, since this issue is a continuation from last Summer.
Request
This is in response to Councilmember McDonald’s questions regarding the
recommendation to construct a new salt storage facility at the City Services
Center. Specifically, since a satellite location for the facility is not being
proposed, is it necessary to construct additional capacity at the City Services
Center.
Background
The concept of a satellite salt storage facility was just that - conceptual. At the
time, the 2008 Note Issue was presented to Council, staff had not yet evaluated
or identified a satellite location. This should have been made clearer to Council
in the information prepared for the 2008 Note Issue. However, lack of a satellite
location does not eliminate the need for additional storage capacity, and this was
also conveyed in information prepared for the 2008 Note Issue.
Satellite Location Operations at salt storage facilities are noisy and can take
place at all hours. And the facilities themselves are not aesthetically pleasing.
After a lengthy review, staff has been unable to identify a satellite location that
will garner a positive recommendation from Community Development staff
(noise; aesthetics) and that will serve an appropriate number of routes relative to
1
the capacity of the proposed facility. Constructing a smaller storage facility at
one of the sites receiving tentative approval form Community Development staff
is not recommended for the reasons discussed below.
Additional Storage Capacity In an “average” winter we typically use 4,000 tons
of salt. However, during each of the last three (3) winters we have used over
6,000 tons of salt, and in the winter of 2007 – 2008 we used over 8,000 tons. At
the present time we have the capacity to store 2,900 tons of salt, or 73% of our
average usage. The requested facility would increase our storage capacity by
2,000 tons to 4,900 tons. For the winter of 2009 – 2010 we have placed an order
for 5,000 tons through the State bid.
Staff believes maximizing storage capacity remains the primary objective to
address recurring supply problems and the resulting negative influence on
operations. The City’s salt supply has frequently been disrupted by delivery
problems and by extended and/or severe winter seasons. Delivery problems
routinely occur, even during average seasons. When supply runs low, the City
has had to mix sand with salt and has also had to reduce service levels.
During the 2000/2001 season and the past two seasons, the amount of sand
mixed with salt was significant. This negatively impacts service levels in that it
takes longer for streets to clear of snow and ice (safety), and significant
additional cost is incurred to clean sand from catch basins and during spring
sweeping operations. The past two seasons, salt usage at residential
intersections was stopped at some point during the season in order to stretch
supply (safety).
Additional storage can also add flexibility when placing bids for salt. In the bid
process, a municipality must guarantee it will purchase the quantity it bids.
Therefore, when determining bid quantity, consideration must be given to the
amount of salt on-hand prior to the season, the amount that might be used during
the season and the amount of storage space available. The tendency is for the
bid quantity to be conservative (low) so that storage capacity isn’t exceeded. This
exacerbates supply problems during severe and/or extended winter seasons.
Increasing capacity adds flexibility in determining the quantity to bid and can also
provide a buffer against annual price increases.
cc: Jacob J. Winzenz, Dir. Of Administrative Services/Assistant City Manager
2
DEPARTMENT OF PUBLIC WORKS MEMORANDUM
May 1, 2009
TO: City Council
FROM: Mike Payne, Engineering Manager
SUBJECT: Award of Bid Schedule “D” – 2009
Contract 2009-10, City Hall Remodel (IT Server Room)
Contract 2009-11, Water System Improvements
Summary
Bids for Public Works Bid Schedule “D” – 2009, Contracts 2009-10 & 2009-11
were opened on Wednesday, April 29, 2009. The Engineering Division is
evaluating alternate bid items for Contract 2009-10 and needs additional time
before recommending action to the City Council. The Engineering Division is,
however, recommending award of Contract 2009-11 to the low bidder, as shown
on the attached tabulation of bids. Staff will ask the City Council to express their
intent to include in the 2009 Note Issue $566,755 for water system
improvements.
Recommendation
Following Review by the Council, the Engineering Division recommends award of
contract 2009-11 to the low bidder and that the City Council express their intent
to include in the 2009 Note Issue $566,755 for water system improvements.
City Manager Recommendation
The City Manager recommends approval.
Suggested Motion
I move to Award contract 2009-11 to the low bidder and express our intent to
include in the 2009 Note Issue $566,755 for water system improvements.
Background
Contract 2009-11, Water System Improvements
This project is for replacing undersized water mains and associated lead services
prior to the annual street resurfacing program. We received three bids for this
project with R.T. Fox Contractors, Inc providing the low bid. Funding for this
contract is 2009 Note Issue borrowing.
Attachment
cc: Eric Levitt
Jacob J. Winzenz
\\petey\cojhome\agenda review\approved agenda items\2009\5-11-2009\contractawardbidscheduled memo.doc
Bid Opening: 29 April 2009
CITY OF JANESVILLE
TABULATION OF BIDS
PUBLIC WORKS BID SCHEDULE “D” – 2009
2009-10 CITY HALL REMODEL (IT SERVER ROOM)
Gilbank Construction, Inc. Bid No. 1: $289,000.00
Clinton, WI Alternate Bid M1: $36,180.00
Alternate Bid E1: $(1,360.00)
Corporate Contractors, Inc. Bid No. 1: $293,066.00
Beloit, WI Alternate Bid M1: $34,385.00
Alternate Bid E1: $(900.00)
Magill Construction Co., Inc. Bid No. 1: $318,150.00
Elkhorn, WI Alternate Bid M1: $32,700.00
Alternate Bid E1: $(1,000.00)
Paulson Kimball Construction LLC Bid No. 1: $324,593.00
Janesville, WI Alternate Bid M1: $33,400.00
Alternate Bid E1: $(900.00)
Maas Bros. Construction Co., Inc. Bid No. 1: $320,620.00
Watertown, WI Alternate Bid M1: $38,420.00
Alternate Bid E1: $(1,200.00)
2009-11 WATER SYSTEM IMPROVEMENTS
R. T. Fox Contractors, Inc. Total – Part A: $405,675.00
Edgerton, WI Total – Part B: $161,080.00
Total Bid: $566,755.00
Speedway Sand & Gravel, Inc. Total – Part A: $455,556.25
Middleton, WI Total – Part B: $213,954.00
Total Bid: $669,510.25
Globe Contractors, Inc. Total – Part A: $505,165.00
Pewaukee, WI Total – Part B: $239,595.00
Total Bid: $744,760.00
\\Petey\COJHome\Agenda Review\Approved Agenda Items\2009\5-11-2009\ContractAwardBidScheduleD Attach.doc
NEIGHBORHOOD SERVICES MEMORANDUM
May 1, 2009
TO: City Council
FROM: Kelly Lee, Neighborhood Development Specialist
SUBJECT: Bids for 189 S High Street-Buy, Rehab, Resell
Contract 2009-A; Bid Schedule “D”-2009
Summary
Bids for Neighborhood Services Bid Schedule ”D”-2009 contract 2009-A were
th
opened on Wednesday, April 29, 2009. The Neighborhood Services
Department is recommending the Council reject all bids received for the
rehabilitation of 189 S High Street because they exceed the project budget.
Department Recommendation
The Neighborhood Services Department recommends that the Council reject all
bids received for contract 2009-A.
City Manager Recommendation
The City Manager concurs with Neighborhood Services Department’s
recommendation.
Suggested Motion
I move to reject all bids for contact 2009-A.
Background
This project was to remodel 189 S High Street under the Buy, Rehab and Resell
Program. Six contractors were qualified and four chose to submit bids. The total
budget for this project included $150,000 in Community Development Block
Grant funds for the property acquisition, rehabilitation and carrying costs. The
cost of acquisition was $65,646.66, leaving $84,343.34 for rehabilitation and
carrying costs. All four bids significantly exceeded the project budget.
Bidder Bid Amount
Drake Construction $175,359.00
EL&K Packaging & Developers, Inc $236,126.00
Gilbank Construction, Inc $297,000.00
Imperial Builders & Contractors, LLC $266,848.60
Staff proposes to revise the original scope of the project and act as general
contractor in order to complete the project on budget. The original plan included
the removal of exterior paint revealing the original brick surface. Although
aesthetically desirable, this appears to be cost prohibitive. Additional project cost
1
savings would occur if the City of Janesville acted as the general contractor.
One of itemized bids included $40,000 for general contractor fees. In addition,
staff will consider Focus on Energy funding and will utilize lead hazard reduction
grant money to reduce the cost of the project.
cc: Eric Levitt, City Manager
Jay Winzenz, Director of Administration
Jennifer Petruzzello, Director of Neighborhood Services
2
Economic Development Memorandum
Date: May 4, 2009
TO: City Council
FROM: Doug Venable, Director of Economic Development
SUBJECT: Action on a Resolution Dissolving Tax Incremental Finance District No. 7 (File
Resolution 2009- 602)
I. Summary
Wisconsin’s Tax Increment Finance (TIF) Law (Wisconsin Statutes 66.1105) requires
the dissolution of a TIF district when all of the TIF project costs have been recovered or no
later than 27 years after the date of creation. The City Council created the 25.26-acre TIF
No. 7 in 1992 to facilitate the expansion of Swing N’Slide. In 1999, the Project Plan for TIF
No. 7 was amended to share its positive tax increments with TIF No. 3 for five years. In
2003, the Project Plan was amended again to share the positive tax increments with TIF
No. 3 for a second, five-year period.
All TIF No. 7 costs have been recovered and the district is ready to be dissolved. TIF
No. 7 was created with a base value of $1.83 million and now has a value of $3.78 million.
Over the life of the TIF District, the City invested $225,581 in TIF No. 7; and transferred
$551,169 in positive TIF incremental revenues to TIF No. 3. TIF No. 7 will be dissolved with
a fund balance of $ -0-.
II. Recommendation
The Community Development Department recommends that the Council adopt
Resolution 2009 - 602, dissolving Tax Increment Finance District No. 7.
III. Suggested Motion
Move to adopt file Resolution No. 2009 - 602 dissolving TIF No. 7.
IV. City Manager Recommendation
The City Manager concurs with staff’s recommendation.
V. Background and Project Summary
TIF No. 7 was created by the City Council in 1992 to facilitate the continued expansion
of Swing N’Slide on Barberry Dr. The TIF No. 7 Project Plan included funds for industrial
land development, street improvements, and administrative costs. Over the life of the TIF
District, the City invested $176,691 in capital improvements, compared to a Project Plan
budget of $194,275. Interest and financing charges totaled $34,656. The City also spent
$14,637 in administrative costs, compared to a Project Plan budget of $20,000.
???
Economic Development Department Box 5005 Janesville, WI 53547-5005 755-3180
Dissolution of TIF No. 7
May 4, 2009
Page 2
In 1999 and 2003, the City Council adopted amendments to TIF No. 7 which allowed
the positive tax increments from TIF No. 7 to be shared by TIF No. 3 downtown. From 2000
– 2009, TIF No. 7 provided TIF No. 3 with a total of $551,169 in shared TIF funds. Over the
life of TIF No. 7, TIF revenues of $775,298 equaled TIF expenditures, so there are no funds
remaining to be returned to the participating taxing jurisdictions.
The primary development in TIF No. 7 was a 48,000 SF expansion by Swing N’Slide
with an estimated value of $1.2 million. Combined with the value of the existing building, the
after-construction value of Swing N’Slide’s facility was to exceed $2.86 million. For 2009,
Swing N’Slide’s facility has an equalized property valuation of $3,207,700 and generated
approximately $42,500 in TIF incremental revenues.
The TIF Agreement with Swing N’Slide also called for the Company to expand
employment by Sixty (60) workers to 215 workers by July, 1994. The company employed
220 workers in early 1995. Swing N’Slide went public and merged with Playcore, but retains
a production facility here in Janesville. Today, the company employs approximately 70
workers year round and expands employment to 200 workers during peak seasonal
production. The company also leases additional warehouse space at several locations in the
City.
The measures for property value created, taxes paid, and jobs created all show that
TIF No. 7 has been successful at retaining a local manufacturing employer and facilitating its
growth. Upon dissolution, $1.95 million in new property tax base will be returned to the tax
rolls.
VI. Financial Summary
Attached Table One summarizes the revenues and expenditures for TIF No. 7 from
the date of creation through April 30, 2009. TIF revenues equaled TIF costs so there are no
excess TIF funds to be returned to the participating taxing jurisdictions.
Douglas Venable
cc: Jacob J. Winzenz, Director of Administrative Services/Assistant City Manager
Attachments: Resolution 2009 - 602
TIF No. 7 Map
TIF No. 7 Sources and Uses Statement
Resolution No. 2009 – 602
A Resolution Authorizing the Dissolution of Tax Increment Finance District No. 7
WHEREAS, the Common Council of the City of Janesville, pursuant to Wisconsin’s Tax Increment Law
(Section 66.1105 Wisconsin Statutes), created Tax Increment Finance District No. 7 (TIF No. 7) by
adopting Resolution No. 92 - 1519 on July 27, 1992; and
WHEREAS, the development projects contemplated in the TIF No. 7 Project Plan are completed and all
of the City’s costs associated with TIF No. 7 have been fully recovered through the positive tax
increments on new property value created within TIF No. 7; and
WHEREAS, TIF No. 7 has received tax increments equal to project costs and there are no TIF No. 7
funds to return to the overlying local taxing jurisdictions,
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville, that TIF
No. 7 is hereby terminated and dissolved and that the City Clerk-Treasurer is hereby directed to notify
the Wisconsin Department of Revenue of this dissolution according to Section 66.1105 (8), Wisconsin
Statutes.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
McDonald
Eric J. Levitt, City Manager
Perrotto
Rashkin
ATTEST:
Steeber
Truman
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
City Attorney
Proposed by: City Manager
Prepared by: Director of Economic Development
CITY OF JANESVILLE
TAX INCREMENTAL DISTRICT NO. 7
DETAILED SUMMARY OF SOURCES, USES AND STATUS OF FUNDS
From Date of Creation Through April 30, 2009
199219931994199519961997199819992000
SOURCES OF FUNDS
TIF Increment$ -$ - $ 43,341$ 47,375$ 42,596$ 34,749$ 34,407$ 38,946$ 33,525
Computer exemption increment - - - - - - - - 7,040
Guarantee payments - - - - - 12,177 16,035 6,236 10,714
Investment income - - 504 1,450 1,877 2,549 3,330 3,265 2,479
Proceeds of long-term debt - 170,000 - - - - - - -
Total Sources of Funds - 170,000 43,845 48,825 44,473 49,475 53,772 48,447 53,758
USES OF FUNDS
Capital expenditures 168,929 - - 7,068 - 694 - - -
Administrative costs 2,495 698 1,531 1,948 167 174 89 46 859
Interest on advances 978 3,299 - - - - - - -
Transfers to TIF # 3 - - - - - - - - 123,241
Issuance Expenses - 1,112 - - - - - - -
Interest on long-term debt - - 8,671 7,020 5,783 4,270 2,623 900 -
Principal on long-term debt - - 15,000 20,000 25,000 30,000 35,000 45,000 -
Total Uses 172,402 5,109 25,202 36,036 30,950 35,138 37,712 45,946 124,100
TAX INCREMENTAL DISTRICT NO. 7
DETAILED SUMMARY OF SOURCES, USES AND STATUS OF FUNDS
From Date of Creation Through April 30, 2009
Project
Plan
200120022003200420052006200720082009TotalsEstimate
SOURCES OF FUNDS
TIF Increment$ 33,814$ 44,060$ 50,746$ 76,300$ 43,089$ 52,379$ 37,763$ 35,199$ 42,482$ 690,771$ 763,083
Computer exemption increment 4,605 109 - - 8,969 - 2,256 2,787 - 25,766
-
Guarantee payments - - - - - - - - - 45,162
-
Investment income - - - - - - - - - 15,454
12,215
Proceeds of long-term debt - - - - - - - - -
170,000 -
Total Sources of Funds 38,419 44,169 50,746 76,300 52,058 52,379 40,019 37,986 42,482 947,153 775,298
USES OF FUNDS
Capital expenditures - - - - - - - - -
176,691 194,275
Administrative costs - 27 3,038 93 - 16 19 34 3,403 14,637
20,000
Interest on advances - - - - - - - - -
4,277 -
Transfers to TIF # 3 38,419 44,142 47,708 76,207 52,058 52,363 40,000 37,952 39,079 551,169 561,023
Issuance Expenses - - - - - - - - - 1,112
-
Interest on long-term debt - - - - - - - - -
29,267 -
Principal on long-term debt - - - - - - - -
- 170,000 -
Total Uses 38,419 44,169 50,746 76,300 52,058 52,379 40,019 37,986 42,482 947,153 775,298
FUND BALANCE
- April 30, 2009$ -0-
Economic Development Memorandum
Date: May 4, 2009
TO: City Council
FROM: Doug Venable, Director of Economic Development
SUBJECT: Action on a Resolution Dissolving Tax Incremental Finance District No. 15 (File
Resolution 2009- 603)
I. Summary
Wisconsin’s Tax Increment Finance (TIF) Law (Wisconsin Statutes 66.1105) requires
the dissolution of a TIF district when all of the TIF project costs have been recovered or no
later than 27 years after the date of creation. The City Council created the 27.1-acre TIF No.
15 in 1995 to facilitate the expansion of Freedom Plastics. In 2000, the Project Plan for TIF
No. 15 was amended to expand the boundary of the TIF district by approximately 1 acre. In
2006, the Project Plan was amended to permit incentive financing as a TIF expense.
All TIF No. 15 costs have been recovered and the district is ready to be dissolved. TIF
No. 15 was created with a base value of $1.69 million and now has a value of $5.51 million.
Over the life of the TIF District, the City invested $372,808 in TIF No. 15. The TIF district will
be dissolved with a positive fund balance of $ 367,600 which will be returned to the overlying
taxing jurisdictions in the same proportion that they contributed to the TIF district.
II. Recommendation
The Community Development Department recommends that the Council adopt
Resolution 2009 - 603, dissolving Tax Increment Finance District No. 15.
III. Suggested Motion
I move to adopt file Resolution No. 2009 - 603 dissolving TIF No. 15.
IV. City Manager Recommendation
The City Manager concurs with staff’s recommendation.
II. Background and Project Summary
TIF No. 15 was created by the City Council in 1995 to facilitate the continued
expansion of Freedom Plastics on Arch St. The TIF No. 15 Project Plan included funds for
transportation and utility improvements, industrial land development, landscaping, incentive
financing, and administrative costs. Over the life of the TIF District, the City invested
$292,169 in capital improvements, compared to a Project Plan budget of $395,980. Interest
and financing charges totaled $67,198. The City also spent $17,034 in administrative costs,
compared to a Project Plan budget of $20,020.
???
Economic Development Department Box 5005 Janesville, WI 53547-5005 755-3180
Dissolution of TIF No. 15
May 4, 2009
Page 2
The primary development in TIF No. 15 was a 70,000 SF expansion by Freedom
Plastics with an estimated value of $1.2 million. Combined with the value of the existing
building, the after construction value of Freedom Plastics’ facilities was to exceed $2.5
million. For 2008, Freedom Plastics’ facility had an equalized property valuation of
$5,510,700 and generated approximately $83,000 in TIF incremental revenues.
The TIF Agreement with Freedom Plastics also called for the Company to expand
employment by Twelve (12) workers to 137 workers by January, 1997. The company
employed 150 workers in early 1997.
In 2006, the City Council approved a $50,000 TIF Development Loan to help with the
costs of constructing an employee training center. The loan was amortized over 10 years at
5.0% interest, but debt service payments were forgivable if Freedom Plastics maintained 150
or more workers over the life of the loan.
The rising cost of petroleum products in 2008 coupled with the rapid decline in
residential construction dramatically affected Freedom Plastics’ business model. The
company was no longer able to service debt, and earlier this year, the Janesville assets were
sold to two different plastics products producers. At the time of sale, $42,946.77 of the
$50,000 was repaid to the City and added to the funds in TIF No. 15. The other $7,053.23 of
the loan was forgiven, since Freedom Plastics had met its employment commitments for the
first 18 months of the TIF development loan.
In spite of the unfortunate demise of Freedom Plastics in the current uncertain
economic times, TIF No. 15 was successful at retaining a local manufacturing employer and
facilitating its growth. Upon dissolution, $3.82 million in new property tax base will be
returned to the tax rolls, and $367,600 in surplus TIF funds will be returned to the taxing
jurisdictions.
III. Financial Summary
Attached Table One summarizes the revenues and expenditures for TIF No. 15 from
the date of creation through April 30, 2009. TIF revenues exceeded TIF costs by $367,600
so the excess TIF funds will be returned to the participating taxing jurisdictions in the same
proportion that they were contributed. The surplus funds will be disbursed as follows:
County of Rock: $ 91,904
Janesville School District: $143,702
Blackhawk Technical College $26,280
City of Janesville $ 92,675
Janesville Public Library $ 13,039
Total Excess Funds $ 367,600
.
Dissolution of TIF No. 15
May 4, 2009
Page 3
Douglas Venable
cc: Jacob J. Winzenz. Director of Administrative Services/Assistant City Manager
Attachments: Resolution 2009 - 603
TIF No. 15 Map
TIF No. 15 Sources and Uses Statement
Resolution No. 2009 – 603
A Resolution Authorizing the Dissolution of Tax Increment Finance District No. 15
WHEREAS, the Common Council of the City of Janesville, pursuant to Wisconsin’s Tax Increment Law
(Section 66.1105 Wisconsin Statutes), created Tax Increment Finance District No. 15 (TIF No. 15) by
adopting Resolution No. 95 - 1877 on March 27, 1995; and
WHEREAS, the development projects contemplated in the TIF No. 15 Project Plan are completed and
all of the City’s costs associated with TIF No. 15 have been fully recovered through the positive tax
increments on new property value created within TIF No. 15; and
WHEREAS, TIF No. 15 has received tax increments in excess of project costs and the City wishes to
return these funds proportionally to the local taxing jurisdictions, which have contributed tax revenues to
TIF No. 15;
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville, that TIF
No. 15 is hereby terminated and dissolved and that the City Clerk-Treasurer is hereby directed to notify
the Wisconsin Department of Revenue of this dissolution according to Section 66.1105 (8), Wisconsin
Statutes.
BE IT FURTHER RESOLVED, that the excess funds from TIF No. 15 held by the City of Janesville shall
be proportionally distributed to each contributing tax jurisdiction as follows:
County of Rock: $ 91,904
Janesville School District: $ 143,702
Blackhawk Technical College $ 26,280
City of Janesville $ 92,675
Janesville Public Library $ 13,039
Total Excess Funds $ 367,600
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
McDonald
Eric J. Levitt, City Manager
Perrotto
Rashkin
ATTEST:
Steeber
Truman
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
City Attorney
Proposed by: City Manager
Prepared by: Economic Development Director
CITY OF JANESVILLE
TAX INCREMENTAL DISTRICT NO. 15
HISTORICAL SUMMARY OF SOURCES, USES, AND STATUS OF FUNDS
From Date of Creation Through April 30, 2009
1995199619971998199920002001
SOURCES OF FUNDS
Tax increment$ -$ -$ 32,498$ 37,076$ 40,081$ 37,107$ 39,019
Computer Exemption Increment - - - - - 2,827 4,877
Investment income 5,836 4,200 - - - - -
Special assessments - - - - - - -
Intergovernmental - - - - - - -
Sale of property - - - - - - -
Miscellanous revenues - - - - - - -
Guarantee Payment - - 3,201 - - - -
Advances from other funds - - - - - - -
210,000 - - - - - -
Proceeds of long-term debt
215,836 4,200 35,699 37,076 40,081 39,934 43,896
Total Sources
USES OF FUNDS
Capital expenditures - 231,604 6,958 - - 3,582 -
Administrative expenditures 4,964 251 436 179 92 3,645 585
Refund to overlying district - - - - - - -
Interest on advances - 444 1,608 1,325 817 568 173
Transfer to other funds - - - - - - -
Debt issue costs 729 - 275 - - - 305
Interest on long-term debt - 11,870 9,965 8,845 7,655 6,406 5,213
- - 20,000 20,000 22,500 22,500 25,000
Principal on long-term debt
5,693 244,169 39,242 30,349 31,064 36,701 31,276
Total Uses
CITY OF JANESVILLE
TAX INCREMENTAL DISTRICT NO. 15
HISTORICAL SUMMARY OF SOURCES, USES, AND STATUS OF FUNDS
From Date of Creation Through April 30, 2009
Project
Plan
20022003200420052006200720082009TotalsEstimate
SOURCES OF FUNDS
Tax increment$ 48,430$ 46,694$ 44,575$ 49,730$ 45,227$ 123,772$ -$ 83,282$ 627,491 $ 483,198
Computer Exemption Increment 5,415 3,514 2,195 4,785 3,559 4,394 6,475 - 38,041
-
Investment income 298 436 706 2,608 6,464 6,771 4,535 467 32,321 -
Special assessments - - - - - - - -
- -
Intergovernmental - - - - - - - -
- -
Sale of property - - - - - - - -
- -
Miscellanous revenues - - - - - - - 42,947 42,947
-
Guarantee Payment - - - - - - - - 3,201
-
Advances from other funds - - - - - - 77,783 - 77,783
-
- - - - - - - - 210,000 210,000
Proceeds of long-term debt
54,143 50,644 47,476 57,123 55,250 134,937 88,793 126,696 1,031,784 693,198
Total Sources
USES OF FUNDS
Capital expenditures - - - - 25 50,000 - - 292,169
395,980
Administrative expenditures 26 28 180 120 2,750 135 50 3,593 17,034 20,020
Refund to overlying district - - - - - - - 367,600 367,600
-
Interest on advances - - - - - - - - 4,935
6,244
Transfer to other funds - - - - - 77,783 - - 77,783
-
Debt issue costs - - - - - - - - 1,309
-
Interest on long-term debt 6,050 2,750 1,650 550 - - - - 60,954
60,954
25,000 25,000 25,000 25,000 - - - - 210,000 210,000
Principal on long-term debt
31,076 27,778 26,830 25,670 2,775 127,918 50 371,193 1,031,784 693,198
Total Uses
FUND BALANCE
$ -0-
April 30, 2009
CITY MANAGER’S OFFICE MEMORANDUM
April 29, 2009
TO: City Council
FROM:Eric Levitt, City Manager
Rebecca Smith, Management Assistant
SUBJECT: Introduce and schedule a public hearing on a proposed charter ordinance
amending the appointment provisions of the Plan Commission, Board of
Review, Library Board, and Zoning Board of Appeals and creating a
charter ordinance for the Community Development Authority to require
appointments to be made by the Common Council following consultation
with the Citizens Advisory Committee on Appointments in amended
Sections 2.20.010, 2.24.010, 2.28.010, 2.58.020, and newly created
Chapter 2.26. (Charter Ord. 2009-007)
Request
The Council asked the Administration to prepare materials changing the appointment
authority for citizen members of the Plan Commission, Board of Review, Library Board,
Zoning Board of Appeals and Community Development Authority from the City Manager
to the City Council following consultation with the Citizens Advisory Committee on
Appointments.
At their March 9 meeting, the Council asked staff to postpone the introduction of this
charter ordinance until May 11, 2009. This memo will outline Janesville’s current
appointment authority, detail the steps necessary to change the appointment authority
and provide a recommendation.
Summary
The Council may change the appointment authority for citizen members of the Plan
Commission, Board of Review, Library Board, Zoning Board of Appeals and Community
Development Authority from the City Manager to the City Council following consultation
with the Citizens Advisory Committee on Appointments. Charter Ordinance 2009-007 is
attached and reflects the appointment authority changes. The Administration has no
recommendation on the adoption of this charter ordinance.
Recommendation
Following the introduction, staff recommends the City Council schedule a public hearing
on June 8, 2009 for Charter Ord. 2009-007.
City Manager Recommendation
No recommendation.
Suggested Motion:
I move to adopt Charter Ordinance 2009-007.
1
Background
Janesville has 14 standing committees that include citizens. Of those, 8 (57.1%) have
citizen members appointed by the Council President and confirmed by the Council. Four
(28.6%) have citizen members appointed by the City Manager and confirmed by the
Council. Two (14.3%) are appointed by the City Manager with no confirmation needed
by the City Council. There are currently no committees that are appointed by the City
Council. Table 1 details how citizens are currently appointed to each of the committees.
Table 1: How Citizen Appointments are Made Currently
Council President
Appoints, Council City Manager Appoints, City Manager
ConfirmsCouncil ConfirmsAppoints
Committee
1ALACX
2Appointment CommitteeX
3Board of ReviewX
4CableX
5CDAX
6Golf AdvisoryX
7Historic CommissionX
8Leisure AdvisoryX
9LibraryX
10Plan CommissionX
11X
Police & Fire Commission
12Sustainable JanesvilleX
13TransportationX
14ZBAX
Total842
Percentage of Total57.1%28.6%14.3%
How citizens are appointed to committees is determined through a Council Policy
Statement, a General or Charter ordinance (described in Attachment 1) or by a state
statute requirement. Table 2 details how committee appointments are determined.
2
Table 2: How Committee Appointments are Determined Currently
How is the Committee Appointment
Committee
Determined?
1ALAC
Council Policy #66-A
2
Appointment CommitteeCouncil Policy #82
3Board of Review
Charter Ordinance Chapter 2.20
4Cable
Council Policy #72
5CDA
State statute 66.1335
6Golf Advisory
Council Policy #41
7Historic Commission
City Ordinance Chapter 18.36.070
8Leisure Advisory
Council Policy #49
9Library
State statute 43.54
10Plan Commission
Charter Ordinance Chapter 2.48.020
11
State statute 62.13
Police & Fire Commission
12Sustainable Janesville
Council Policy #81
13Transportation
Council Policy #43
14ZBA
State statute 62.23 (7)
The City Council may change the appointment process for all of Janesville’s standing
boards, committees and commissions, except the Police and Fire Commission.
Committees Governed by Charter Ordinances
The Board of Review and the Plan Commission are governed by charter ordinances and
currently have the City Manager appointing the citizen members. To change the
appointment authority for citizen members of these committees to the City Council
following consultation with the Citizens Advisory Committee on Appointments, a charter
ordinance update is required. Please find attached Charter Ordinance 2009-007 which
reflects the appointment authority changes for the Board of Review and the Plan
Commission.
Committees Governed by State Statutes
The Community Development Authority, Library Board of Trustees and the Zoning Board
of Appeals are currently governed by state statutes. To change the appointment authority
for citizen members of these committees to the City Council following consultation with
the Citizens Advisory Committee on Appointments, a new charter ordinance is required.
Please find attached Charter Ordinance 2009-007 which reflects the appointment
authority changes for the Community Development Authority, Library Board of Trustees
and the Zoning Board of Appeals.
Police and Fire Commission
Appointments to the Police and Fire Commission (PFC) are controlled by several statutes
and, in Janesville, are restricted to the City Manager. Specifically, Wisconsin Statutes
62.13(1) requires that each city have a board of police and fire commissioners and that
the mayor annually make appointments. Chapter 62 of the Wisconsin Statutes goes on to
3
indicate that section 62.13 “shall be construed as an enactment of statewide concern for
the purpose of providing uniform regulation of police and fire departments” (Wis. Stats.
62.13(12). In matters of “statewide concern” the courts have held that local governments
are prevented from altering the statutory requirements. Therefore, according to statute,
appointments to the PFC must be made by the mayor.
Janesville does not have a mayor and is organized under the Council-Manager form of
government as provided in Chapter 64 of the Wisconsin Statutes. Chapter 64.11 of the
Statutes describes the powers of the City Manager. This section indicates the City
Manager “shall be the chief executive officer of the city and head of the city administration
and shall possess and exercise all the executive and general administrative powers
imposed and conferred by general law or special charter upon the mayor and common
council and upon various boards, commissions and officers and in force in such city at the
time of its reorganization under ss.64.01 to 64.15, and such additional powers as are
herein imposed and conferred.” The power to appoint members to boards and
commissions is an exercise of executive power; therefore, under the Council-Manager
form of government those appointment powers conferred on the mayor by statute are
delegated to the City Manager.
Even though the authority of the City Manager to appoint members to the PFC cannot be
changed, I am willing to take into consideration recommendations from the Citizen
Advisory Committee on Appointments before making appointments.
Analysis
Janesville’s council-manager form of government was enacted by the citizens of
Janesville through a referendum in 1923. One of the responsibilities of the City Manager
under the City of Janesville’s charter ordinance and Council policies is to appoint
committee members.
Pros & Cons for the City Council Making Committee Appointments
Pros
1. Having the Council appoint committee members provides the Council the ability to
obtain a diverse representation of the community.
2. The new appointment process assists the Council in appointing individuals who are
attempting to move policies in a similar direction to the City Council.
Cons
1. The new appointment process brings a new challenge to the Council and the City
Management. The challenge is how to maintain a positive line of communications
between the Council and the committee and how to coordinate the work programs of
the staff and the committee. The challenge needs to be met through proper
communication and coordination of work between the City Manager and key staff with
the City Council.
Proposed Appointment Timeline
4
Table 3 outlines the proposed timeline for citizen appointments. This table takes into
consideration the recently adopted Citizen Advisory Committee on Appointments. At their
September 8, 2008 meeting, the Council indicated their preference for the outgoing
Council President to make the appointments. This timeline has been updated to reflect
that committee appointments will be made at the first Council meeting in April, which is
the last meeting for the outgoing Council President. This table also reflects the addition of
City Council appointments for Plan Commission, Board of Review, Library Board, ZBA
and CDA.
Table 3: Annual Timeline for Citizen Appointments
MonthActivity
Committee, Commission & Board vacancies publicized
Late January
Late January - mid Residents interested in serving on a committee complete an
Februaryapplication form
Citizen Advisory Committee on Appointments meets to review
Late February, early applications & choose volunteers for recommendation to Council
MarchPresident or entire Council.
Committee's recommendations shared with Council President or
entire Council
Mid March
Council President appointments brought forward for Council
First
Council Meeting in confirmation & Council's appointments brought forward for
Aprilappointment
Other times throughout Committee meets to choose volunteers for recommendationt on an
the year if neededas needed basis
Attachment 1: What is a charter ordinance?
Every city has a charter that establishes the form and substance of the City’s structure
and operation. To make changes to the charter, the Council must pass a charter
ordinance. Janesville’s charter details how citizens are appointed to the Board of
Review and the Plan Commission. A charter ordinance is also used to make the
appointment authority changes to the Community Development Authority, Library Board
of Trustees and the Zoning Board of Appeals.
Charter ordinances are more involved than typical “general ordinances”.
?
Amending a Charter Ordinance requires a two-thirds vote, or 5 affirmative votes, of
the Common Council, instead of a simple majority (4 votes).
?
A Charter Ordinance does not take effect until 60 days after its passage and
publication. If citizens oppose the Charter Ordinance, they may use this 60 day
time period to gather the appropriate signatures to require a referendum on the
Charter Ordinance. Having this 60 day waiting period in place also means the
Board of Review, Community Development Authority, Library Board of Trustees,
Plan Commission and the Zoning Board of Appeals website pages will not be
updated until after the waiting period has passed.
CC: Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services
5
CHARTER ORDINANCE NO. 2009 – 007
A charter ordinance amending the appointment provisions of the Plan Commission,
Board of Review, Library Board, and Zoning Board of Appeals and creating a charter ordinance
for the Community Development Authority to require appointments to be made by the Common
Council following consultation with the Citizens Advisory Committee on Appointments in
amended Sections 2.20.010, 2.24.010, 2.28.010, 2.58.020, and newly created Chapter 2.26.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE HEREBY FIND AS FOLLOWS:
WHEREAS, according to Section 66.0101, in particular Sections 66.0101(1),(1m),(2),(3),
and (5) of the Wisconsin Statutes, a charter ordinance may change the legislative activities of
the City of Janesville and may amend a previous charter or charter ordinance; and
WHEREAS, Section 64.11 provides that the City Manager shall be the Chief Executive
Officer of the City and Head of the City Administration and shall possess and exercise all the
executive and general administrative powers imposed and conferred by general law or special
charter upon the mayor and Common Council and upon the various boards, commissions and
officers; and
WHEREAS, Section 64.105 of the Wisconsin Statutes provides that the Common Council
in a city which has determined by referendum to operate under the city manager form of
government may by charter ordinance allocate powers to the council, president of the council
and City Manager in a manner other than provided by Chapter 64 of the Wisconsin Statutes;
and
WHEREAS, the appointment of members to the Plan Commission (62.23(1)), Board of
Review (70.46), Community Development Authority (66.1335(2)), Library Board of Trustees
(43.54), and Zoning Board of Appeals (62.23(7)(e)(2)) are governed by various Wisconsin State
Statutes; and
WHEREAS, Section 2.20.010 of the Code of General Ordinances of the City of Janesville
currently provides that the City Manager shall appoint the members to the Board of Review; and
WHEREAS, Section 2.48.020 of the Code of General Ordinances of the City of Janesville
currently provides as a Charter Ordinance that the City Manager shall appoint the non-Council
members to the Plan Commission; and
WHEREAS, the Common Council of the City of Janesville now desire to require the
Common Council to appoint the non-Council members to the Plan Commission, Board of
Review, Community Development Authority, Library Board, and Zoning Board of Appeals
following consultation from the Citizens Advisory Committee on Appointments; and
WHEREAS, pursuant to Sections 64.105, 62.23(1), 70.46, 66.1335(2), 43.54,
62.23(7)(e)(2) and other applicable provisions of the Wisconsin Statutes, the Common Council
of the City of Janesville is empowered to make such a change to the appointment of members
to the Janesville Plan Commission, Board of Review, Community Development Authority,
Library Board, and Zoning Board of Appeals by charter ordinance.
NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF JANESVILLE HEREBY DO
ORDAIN AS FOLLOWS:
SECTION I.
Section 2.20.010of the Code of General Ordinances of the City of
Janesville is hereby amended to read as follows:
2.20.010 Charter Ordinance - Membership--Appointment--Council approval--Term of
office
.
2.20.010 Charter Ordinance - Membership--Appointment--Council approval--Term of
office
.
A.
In order to create a more objective and unbiased Bboard of Rreview that will be
able to examine objections to valuations with impartiality, the Bboard of Rreview shall consist of
five residents of the city, none of whom shall occupy any public office or be publicly employed.
B.
The members of the Bboard of Rreview shall be appointed by the city manager
with the approval of the Ccommon Ccouncil and shall hold office as members of the Bboard of
Rreview for a single term of five years and until their successor(s) are appointed and qualified.
There shall be an exception to the provisions of this section for any appointee who is, by virtue
of his/her unique knowledge or critical capacity within an unfinished project, considered by the
city manager Common Council to be indispensable at the time of his term expiration. He/she
may then be appointed for an additional term. The Council shall take into consideration the
recommendations of the Citizen Advisory Committee on Appointments when making
appointments to the Board of Review. Pursuant to Section 66.0101 of the Wisconsin Statutes
concerning charter ordinances, this charter ordinance shall apply regardless of any other
ordinance(s) or Wisconsin State statute(s) to the contrary which shall cease to be in effect in
Janesville, pursuant hereto, Section 66.0101(4), and other applicable provisions of the
Wisconsin Statutes.
C
. The members of the Bboard of Rreview shall serve without salary. (Ord. 87-519 s.
3, 1987).
D
. Alternate members of the Bboard of Rreview may be appointed from time to time
and at any time by the city manager with approval of the Ccommon Ccouncil. The city manager
Common Council shall decide the number of alternate members to appoint from time to time.
Each alternate member shall be a resident of the city, shall not occupy any other public office,
shall not be publicly employed, and shall hold office as an alternate for a single term of five
years until his/her time expires or he/she resigns. Additional term(s) as an alternate shall be as
set forth above. Each alternate so appointed shall be designated by seniority. In the event that
a standing member of the board of review is removed or unable to serve for any reason, the
alternate with the most seniority shall serve in his/her stead. The Council shall take into
consideration the recommendations of the Citizen Advisory Committee on Appointments when
making appointments of alternate members to the Board of Review. Pursuant to Section
66.0101 of the Wisconsin Statutes concerning charter ordinances, this charter ordinance shall
apply regardless of any other ordinance(s) or Wisconsin State statute(s) to the contrary which
shall cease to be in effect in Janesville, pursuant hereto, Section 66.0101(4), and other
applicable provisions of the Wisconsin Statutes.
SECTION II
. Section 2.24.010 of the Code of General Ordinances is hereby amended to
read as follows:
Chapter 2.24
LIBRARY BOARD*
Sections:
2.24.010 Charter Ordinance – Powers – Duties Created.
2.24.010 Charter Ordinance – Powers – Duties Created.
The Llibrary Bboard is
created by statute, especially Section 43.26 of the Wisconsin Revised Statutes, and exists by
virtue of the statutes, and not by reason of any ordinance. The members of the Library Board
shall be appointed by the Common Council. The Council shall take into consideration the
recommendations of the Citizen Advisory Committee on Appointments when making
appointments to the Library Board. Pursuant to Section 66.0101 of the Wisconsin Statutes
concerning charter ordinances, this charter ordinance shall apply regardless of any other
ordinance(s) or Wisconsin State statute(s) to the contrary which shall cease to be in effect in
Janesville, pursuant hereto, Section 66.0101(4), and other applicable provisions of the
Wisconsin Statutes.
SECTION III.
The contents page of Title 2 of the Code of General Ordinances of
the City of Janesville is hereby amended to read as follows:
Title 2
ADMINISTRATION AND PERSONNEL*
Chapters:
2.04 City Council Meetings
2.08 City Officers--Duties
2.12 Compensation for City Officers and Employees
2.16 Health Department
2.20 Board of Review
2.24 Library Board
2.26 Community Development Authority
2.28 Zoning Board of Appeals
2.32 Committee of Public Works
2.36 Fire Department
2.40 Police Department
2.44 Fire and Police Commission
2.48 Plan Commission
2.52 Civil Defense
2.56 Public Works Contracts
2.58 Maintenance of and Access to City Records
2.60 Destruction of Public Records
SECTION IV.
Chapter 2.26 of the Code of General Ordinances of the City of
Janesville is hereby created to read as follows:
Chapter 2.26
COMMUNITY DEVELOPMENT AUTHORITY
Sections:
2.26.010 Charter Ordinance - Powers--Duties.
2.26.010 Charter Ordinance - Powers--Duties
. The Community Development
Authority has the same powers and duties as shown in Section 66.1335 of the Wisconsin
Statutes. The commissioners of the Community Development Authority shall be appointed by
the Common Council. The Council shall take into consideration the recommendations of the
Citizen Advisory Committee on Appointments when making appointments of Community
Development Authority commissioners. Pursuant to Section 66.0101 of the Wisconsin Statutes
concerning charter ordinances, this charter ordinance shall apply regardless of any other
ordinance(s) or Wisconsin State statute(s) to the contrary which shall cease to be in effect in
Janesville, pursuant hereto, Section 66.0101(4), and other applicable provisions of the
Wisconsin Statutes.
SECTION V.
Section 2.28.010 of the Code of General Ordinances is hereby
amended to read as follows:
Chapter 2.28
ZONING BOARD OF APPEALS
Sections:
2.28.010 Charter Ordinance - Powers--Duties.
2.28.010 Charter Ordinance - Powers--Duties
. The Zzoning Bboard of Aappeals
has the same powers and duties as shown in Section 62.23(7) (e) of the Wisconsin Statutes as
from time to time amended or renumbered. The members of the Zoning Board of Appeals shall
be appointed by the Common Council. The Council shall take into consideration the
recommendations of the Citizen Advisory Committee on Appointments when making
appointments to the Zoning Board of Appeals. Pursuant to Section 66.0101 of the Wisconsin
Statutes concerning charter ordinances, this charter ordinance shall apply regardless of any
other ordinance(s) or Wisconsin State statute(s) to the contrary which shall cease to be in effect
in Janesville, pursuant hereto, Section 66.0101(4), and other applicable provisions of the
Wisconsin Statutes.
SECTION VI.
Section 2.48.020 of the Code of General Ordinances is hereby
amended to read as follows:
2.48.020 Charter Ordinance – Plan Commission Membership and Appointments
“
– Council Confirmation
. The City Plan Commission shall consist of two members of the
Common Council and five city citizen members. The members of the Plan Commission shall
select their own presiding officer, from time to time. The Council Members on the Plan
Commission shall be appointed by the Council President, subject to confirmation by the
Common Council, in accord with Janesville Charter Ordinance No. 80-A adopting Charter
Ordinance Section 2.04.150. The City Manager Common Council shall continue to appoint the
non-Ccouncil Mmembers to the Plan Commission., which appointments shall remain not subject
to Ccouncil approval. The Council shall take into consideration the recommendations of the
Citizen Advisory Committee on Appointments when making appointments of non-council
members to the Plan Commission. Pursuant to Section 66.0101 of the Wisconsin Statutes
concerning charter ordinances, this charter ordinance shall apply regardless of any other
ordinance(s) or Wisconsin State statute(s) to the contrary which shall cease to be in effect in
Janesville, pursuant hereto, and Section 66.0101(4), and other applicable provisions of the
Wisconsin Statutes.
SECTION VII
. This Charter Ordinance, pursuant to Section 66.0101(5) of the
Wisconsin Statutes, shall take effect sixty (60) days after its passage and publication as a Class
1 notice, under Ch. 985 and Section 66.0101(3) of the Wisconsin Statutes.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
McDonald
Eric Levitt, City Manager
Perrotto
Rashkin
ATTEST:
Steeber
Truman
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
Assistant City Attorney
Proposed by: Council Member McDonald
Prepared by: Assistant City Attorney
Community Development Department Memorandum
Date: April 27, 2009
TO: Janesville City Council
FROM: Gale Price, AICP, Building & Development Services Manager
SUBJECT: Introduce, refer to Plan Commission and schedule a public hearing on a
proposed ordinance rezoning property located at 120 North Crosby
Avenue from O1, Office/Residence District, to B3, General Commercial
District (File Ordinance No. 2009-437).
_____________________________________________________________________
Tim Richards has requested the rezoning of property located at 120 North Crosby
Avenue from O1, Office/Residence District, to B3, General Commercial District.
The applicant is requesting the rezoning to a commercial classification to allow the
establishment of a small banquet hall in the lower level of the building. Before the first
floor was converted to an office use, the entire building was the location of the Moose
Club.
Even though fraternal organizations rent their buildings for occasional assembly
activities and banquets, a banquet hall is not a permitted use within the O1 District.
The Community Development Department recommends that following the first reading
of Ordinance No. 2009-437 it be referred to the Plan Commission for review and
recommendation and scheduled for public hearing on June 8, 2009.
cc: Brad Cantrell
Eric Levitt
Jay Winzenz
ORDINANCE NO. 2009-437
An ordinance changing the zoning classification of 120 North Crosby Avenue
from O1, Office/Residence District, to B3, General Commercial District, 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 II.
The zoning classification of the following described property is hereby
changed from O1, Office/Residence District, to B3, General Commercial District:
Property located in part of the SW.1/4 and NW.1/4 of Section 35, T.3N., R.12E.,
City of Janesville, Rock County, Wisconsin, more fully described as follows:
Bound on the south by the centerline of West Wall Street, on the west by the centerline
of North Crosby Avenue, the north by a line 279.5’ north and parallel to the north line of
West Wall Street and on the east by the centerline of North Marion Avenue.
SECTION III.
This ordinance shall take effect immediately upon adoption by the
Common Council, the public health, welfare, peace, tranquility, good order, public
benefit, and police power so requiring.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
McDonald
Eric J. Levitt, City Manager
Perrotto
Rashkin
ATTEST:
Steeber
Truman
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
City Attorney
Proposed by: Applicant
Prepared by: Community Development Department