Full Agenda Packet CITY OF JANESVILLE
CITY COUNCIL MEETING AGENDA
TUESDAY, May 26, 2009
7:00 P.M.
1. Call to Order and Pledge of Allegiance.
2. Roll Call.
3. Minutes of City Council meeting: “C”
A.Regular meeting of May 11, 2009.
4. Licenses; and Recommendations of the Alcohol License Advisory
Committee. (Refer to separate agenda.) “C”
5. Financial statement for the month of April, 2009. “C”
OLD BUSINESS
1. Requests and comments from the public regarding items on the Agenda not
requiring a public hearing.
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
rezoning a small portion of Southern Wisconsin Regional Airport property
from Agriculture to M1, Light Industrial; and the area encompassing the
Glen Erin Golf Course located west of USH 51 from M1, Light Industrial,
and Agriculture to Conservancy. (File Ord. No. 2009-434)
NEW BUSINESS
1. Janesville Patriotic Society presentation regarding moving war memorials.
2. Presentation by Sustainable Janesville Committee.
-----------------------
“C” – This designation indicates an item that the City Council will take up
under a Consent Agenda.
Tuesday, May 26, 2009
City Council Agenda –
Page 2
NEW BUSINESS (CONTINUED)
3. Recommendation of the Plan Commission: Action on a proposed resolution
approving the final plat of Willow Glade. (File Res. No. 2009-588)
A. Waiver of special assessment procedure for special assessments
for storm sewer, sidewalk, and street lighting charges for
Willow Glade – Jack Willow Investments, LLC.
B. Action on a request from Jack Willow Investments, LLC to use a five-
year payment plan for Willow Glade development.
C. Action on 10 year deferral of special assessments for Jack Willow
Investments, LLC and DK Partnership, LLP.
4. Discussion and direction to staff on a proposal from Janesville Youth
Hockey to construct a new Ice Skating Center.
5. Award of Contracts C2009-10 (Information Technology server room); C2009-
12 (manhole seals); C2009-13 (Youth Sports site paving and lighting);
C2009-14 (water and sewer system improvements); and C2009-15 (ice
center renovation).
6. Action on a proposed preliminary resolution for public works bid schedule
“E” – 2009 and schedule a public hearing for the final resolution.
(File Res. No. 2009-605)
7. Action on a proposed resolution approving a TIF development agreement
with and authorizing a TIF development loan to 101 Milwaukee Street, LLC
for the renovation of 101 East Milwaukee Street in TIF No. 23.
(File Res. No. 2009-607)
8. Action on a proposed resolution acknowledging the review of the
Wastewater Utility 2008 Compliance Maintenance Annual Report.
(File Res. No. 2009-606)
9. Matters not on the Agenda.
Tuesday, May 26, 2009
City Council Agenda –
Page 3
NEW BUSINESS (CONTINUED)
10. Consideration of one or more motions to convene into closed session,
pursuant to Wisconsin Statute Section 19.85(1)(e) for the purpose of
deliberating or negotiating the lease of public properties, the investing of
public funds, or conducting other specified public business, whenever
competitive or bargaining reasons require a closed session, specifically
setting the negotiating and bargaining terms and conditions for potential
TIF 26 with possible boundary amendment(s).
PROCEEDINGS OF THE CITY COUNCIL
CITY OF JANESVILLE, WISCONSIN
REGULAR MEETING
MAY 11, 2009
VOL. 60
NO. 3
Regular meeting of the City Council of the City of Janesville held in the Municipal Building on May
11, 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 27, 2009.
Minutes of the closed session of April 27, 2009.
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.
Authorization for the Administration to accept a liability claim from State Farm Insurance (Daniel
and April Halbach) in the amount of $5,250.
Council President Truman stated the alcohol license applications for Corvina’s, Wisconsin
Hockey Partners (WHP) and Independent Order of the Odd Fellows would be removed from the
consent agenda and the remaining items would be approved if there were no objections. There
were none.
Amir Sharife, representing Corvina’s, addressed the Council about the operations of the tavern.
Councilmembers Brunner and Steeber stated that they are placed on notice that the Council is
aware of the problems at this location and steps should be taken to resolve them.
Councilmember Steeber moved to approve the said license, seconded by Councilmember Voskuil
and passed unanimously.
Bill McCoshin, representing WHP, addressed the Council about the proposed alcohol operations
at the Ice Arena. Councilmember Steeber moved to approve said license, seconded by
Councilmember Rashkin. Council President Truman offered a friendly amendment to allow
alcohol south of the warming room door only and to restrict alcohol from the bleachers center
section. Council President Truman withdrew his friendly amendment and offered another friendly
amendment to allow beer anywhere in the rink except the warming room. The friendly
amendment was accepted by the maker and seconder. The Council voted on the main motion, as
amended, and it passed by the following vote: Aye: Rashkin, Steeber, Truman, and Voskuil.
Nay: Brunner, McDonald, and Perrotto.
Michael Salzman, representing Independent Order of Odd Fellows, addressed the Council about
the Temporary Class B License. Councilmember Rashkin moved to approve said license,
seconded by Councilmember Steeber and passed by the following vote: Aye: McDonald,
Perrotto, Rashkin, Steeber, Truman, and Voskuil. Nay: Brunner.
Action on a proposed resolution recognizing the week of May 17 as “Emergency Medical Services
Week.” Councilmember Steeber moved to adopt said resolution, seconded by Councilmember
Brunner and passed unanimously. Councilmember Voskuil presented a plaque of the resolution
to Matt Simpson. (File Res. No. 2009-604)
Action on a proposed resolution recognizing the week of May 17-23, 2009 as “National Public
Works Week.” Councilmember Steeber moved to adopt said resolution, seconded by
Councilmember Brunner and passed unanimously. Councilmember Voskuil presented a plaque
of the resolution to Len Nelson. (File Res. No. 2009-599)
OLD BUSINESS
1. Requests and comments from the public regarding items on the agenda not requiring a public
hearing. Michael Gilbertson, 10 S. High St., David Stone and Eric Schwartz, representing SARA
Inv., Christine Moore, representing Janesville Design and Development Center, and Karl
Dommershausen, 103 S. Jackson St., spoke in support of the downtown parking structure (New
Business Item #4). Alfred Lembrich, 541 Miller Av., spoke against the downtown parking
structure. Kelley Kaiser, 2307 Plymouth Av., spoke in favor of establishing an Ice Rink Advisory
Committee and suggested that non-residents be allowed on the committee. (New Business Item
#12).
2. Requests and comments from the public on matters which can be affected by Council action.
None.
3. A proposed ordinance amending transit bus fare rates for the Janesville Transit System with a
penalty as set forth in JGO 10.76.030 received its second reading and public hearing. No one
spoke. The public hearing was closed. Councilmember Rashkin moved to adopt said ordinance,
seconded by Councilmember Voskuil and passed unanimously. (File Ord. No. 2009-433)
4. A proposed ordinance regulating the display of material harmful to minors within the City of
Janesville received its second reading and public hearing. Marc McCrory, representing Spencer
Gifts, spoke against said ordinance and requested this matter be postponed. The public hearing
was closed. Councilmember Steeber moved to adopt said ordinance, seconded by
Councilmember McDonald and failed by the following vote: Aye: Brunner, McDonald, and
Steeber. Nay: Perrotto, Rashkin, Truman, and Voskuil. (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.
Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Voskuil
and passed unanimously. (File Res. No. 2009-596)
NEW BUSINESS
1. Recommendation of the Plan Commission: A proposed resolution approving the final plat of
Afton Reserve. Councilmember Voskuil moved to adopt said resolution, seconded by
Councilmember Steeber and passed by the following vote: Aye: Brunner, Perrotto, Rashkin,
Steeber, Truman, and Voskuil. Nay: McDonald. (File Res. No. 2008-598)
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. Councilmember Voskuil moved to
approve said financial gain request, seconded by Councilmember Steeber and passed
unanimously.
3. Review and approval of an economic development grant for Red Robin International, owner of
Red Robin Restaurant, located at 2430 Humes Road. Councilmember Steeber moved to
approve said grant, seconded by Councilmember Rashkin and passed by the following vote:
Aye: Brunner, Perrotto, Rashkin, Steeber, Truman, and Voskuil. Nay: McDonald.
4. Review of and Council direction concerning a downtown parking structure project.
Councilmember Perrotto requested that the bids include a recommendation for using local
laborers. Councilmember Brunner moved to move forward with the downtown parking structure
project, seconded by Councilmember Steeber and passed unanimously.
5. Discussion and action on a proposal to construct a new salt storage facility at the City Services
Center. Councilmember McDonald moved to approve said proposal as submitted to construct a
new salt storage facility at the City Services Center, seconded by Councilmember Steeber and
passed unanimously.
6. Award of Contracts C2009-10 (City Hall remodel – Information Technology server room) and
C2009-11 (water system improvements) for Public Works Bid Schedule “D”-2009.
Councilmember Rashkin moved award Contract C2009-11 to R.T. Fox Contractors, Inc., for
$566,755 and to include funding in the 2009 Note Issue, seconded by Councilmember Steeber
and passed unanimously. Council President Truman postponed action on Contract C2009-10
until May 26, 2009.
7. Reject bids for Neighborhood Services Bid Schedule “D”-2009, Contract 2009-A (rehabilitation
of 189 South High Street). Councilmember Rashkin moved to reject all bids for said contract,
seconded by Councilmember Steeber and passed unanimously.
Council President Truman combined New Business Items #8 and #9:
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)
Councilmember Steeber moved to adopt said resolutions, seconded by Councilmember Voskuil
and passed unanimously.
10. 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, was
introduced and scheduled for public hearing on June 22, 2009. (File Charter Ord. No. 2009-007)
11. A proposed ordinance rezoning property located at 120 North Crosby Avenue from O1,
Office/Residence District, to B3, General Commercial, was introduced, referred to Plan
Commission, and scheduled for public hearing on June 8, 2009. (File Ord. No. 2009-437)
12. Consideration of forming an Ice Rink Advisory Committee. Councilmember Brunner moved to
re-establish the Ice Rink Advisory Committee, seconded by Councilmember Voskuil and passed
unanimously. By majority consensus, the Council requested information allowing non-residents to
be on City committees.
13. Matters not on the agenda. Councilmember Brunner commented on the precautionary water
boil order and asked if customers with filters needed to change their filter. City Manager Levitt
stated the City does not have a recommendation and individuals should contact the filter
manufacturers for their recommendation. City Manager Levitt advised that the Rock County
Emergency Management Director and Health Director would be at the June 8, 2009 Council
meeting to discuss Emergency Management Preparedness. Councilmember Rashkin wished his
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daughter Isabelle a happy 8 birthday. Councilmember Perrotto suggested citizens contact their
legislators to support Assembly Bill 149, which would reduce the interest rate from 1.0% to 0.5%
per month on delinquent property taxes. Council President Truman stated a local pharmacy
contacted him and expressed their concern that City employees’ maintenance prescriptions were
being outsourced to a mail order service. He requested that the City review this situation and
allow local pharmacies the opportunity to bid. Councilmember McDonald asked for a status
report on Riverside wading pool. Engineering Manager Mike Payne stated they are waiting on
approvals from the State and weather and groundwater conditions to improve before they can
commence work.
14. Councilmember Steeber moved to convene into closed session, pursuant to Wisconsin
Statute Section 19.85(1)(e) for the purpose of deliberating or negotiating the lease of public
properties, the investing of public funds, or conducting other specified public business, whenever
competitive or bargaining reasons require a closed session, specifically setting the negotiating
and bargaining terms and conditions for a potential Ice Arena lease agreement with WHP.
Councilmember Voskuil seconded the motion and it passed unanimously. Council convened into
closed session at 10:47 PM.
15. Consideration of one or more motions to reconvene into open session, pursuant to Wisconsin
Statute Section 19.85(2) to deliberate upon, discuss, and take action upon a proposed or
potential lease agreement with WHP for the Janesville Ice Arena, and other related Ice Arena
improvement, reconstruction, renovation, repair, maintenance, and operation matters.
Council President Truman reconvened the meeting in open session at 11:29 PM. Council
President Truman moved to proceed with the original plan to make improvements in the amount
of $200,000 and the Council is committed to this project, seconded by Councilmember Steeber
and passed by the following vote: Aye: Brunner, McDonald, Rashkin, Steeber, Truman, and
Voskuil. Pass: Perrotto.
16. Councilmember Steeber moved to adjourn, seconded by Councilmember Voskuil and passed
by the following vote: Aye: Brunner, McDonald, Perrotto, Rashkin, Steeber, Truman, and
Voskuil. Nay: Brunner.
There being no further business, Council adjourned at 11:51 PM.
These minutes are not official until approved by the City Council.
Jean Ann Wulf
Clerk-Treasurer
JANESVILLE CITY COUNCIL
LICENSE AGENDA
MAY 26, 2009
RECOMMENDED
A. ELECTRICIAN – ORIGINAL
Stacey L. Friedrich 4356 Hwy. 138, Oregon, WI
B. CARNIVAL – ORIGINAL
CHIPPEWA VALLEY RIDES PO BOX 162, Chippewa Falls, WI
ndth
(INDEPENDENT ORDER OF ODD FELLOWS WI LODGE 14, July 2 - July 4)
Community Development Department Memorandum
May 26, 2009
TO: Janesville City Council
FROM: Duane Cherek, Planning Services Manager
SUBJECT: Second reading, public hearing, and action on a proposed ordinance
rezoning a small portion of Southern Wisconsin Regional Airport Property
from Agriculture to M1, Light Industrial; and the area encompassing the
Glen Erin Golf Course located west of USH 51 from M1, Light Industrial,
and Agriculture to Conservancy (File Ordinance No. 2009-434).
Recommendation
The Plan Commission and Community Development Department recommend that
following a public hearing, the City Council support a motion to adopt Ordinance No.
2009-434 rezoning a portion of the Southern Wisconsin Regional Airport property from
Agricultural to M1, Light Industrial; and the area encompassing the Glen Erin Golf
Course located west of USH 51 from M1, Light Industrial, and Agriculture to
Conservancy.
City Manager Recommendation
The City Manager defers to the Plan Commission.
Suggested Motion
Move to adopt Ordinance No. 2009-434.
Request
Scott Heinig, Rock County Planning Director, has requested the rezoning of a portion of
property located at the Southern Wisconsin Regional Airport. Rock County owns the
Southern Wisconsin Regional Airport, which was annexed to the City of Janesville in
June 2007. Approximately 171 acres of airport property located south of existing
runways and other operational facilities is developed with the Glen Erin Golf Course.
The golf course is currently zoned M1, Light Industrial and A, Agriculture. Rock County
is requesting to rezone the golf course to Conservancy to distinguish this land area from
the aviation facilities adjoining to the north and recently included in Tax Increment
Finance (TIF) District 34. The TIF was created to retain existing and stimulate future
development of businesses at the Airport. A small portion of airport property located
west of the golf course, zoned Agriculture, is included in the TIF 34 boundary. This area
is proposed for M1 zoning consistent with the balance of land at the Airport that is
included in TIF 34.
Analysis
A. In May of 1993, the City of Janesville and Rock County entered into an agreement to
provide sewer and water utilities to the Rock County Airport. One of the conditions
of that agreement was that the County Board petition to annex the airport lands to
the City, and in 1994, the City Council adopted an ordinance to annex the airport
property with an effective date of June 30, 2007. The zoning designation of Light
Industrial and Agriculture that were applied to the Airport property upon annexation
reflect the nature of existing use at the Airport at that time (1994). The area
generally south of the Airport access road and north of Happy Hollow Road was
undeveloped and considered inappropriate for Airport-related development. As
such it was zoned Agriculture; however the County considered a golf course as a
potential future use of this area. The balance of the Airport property was zoned M1,
Light Industrial.
B. Considering that the southernmost portion of the Airport has been developed as a
golf course but remains zoned Agriculture, it would be appropriate to apply a zoning
designation that corresponds with the property’s current land use. The Conservancy
District identifies golf courses as a permitted use for those areas which are designed
for long term open space preservation. That portion of the Southern Wisconsin
Regional Airport containing approximately 171 acres currently occupied by Glen Erin
Golf Course is consistent with the intent of the Conservancy District, as requested by
Rock County. The effect of this rezoning will serve to clarify the distinction in land
use and zoning at the Airport between this outdoor recreational area and the
aviation/operational facilities. Additionally, a small portion of a runway extension
area located west of the golf course is currently zoned Agricultural. The County is
requesting that this portion of land be zoned M1, Light Industrial to be consistent
with the balance of land at the Airport as included within the TIF 34 Boundary. Map
2 identifies both areas proposed for rezoning at the Airport.
C. This rezoning is consistent with the future land use map and recently adopted
Comprehensive Plan which designates the entire Southern Wisconsin Regional
Airport property as appropriate for Community Facilities. Airport and golf course
facilities are both compatible activities in this land use designation.
PLAN COMMISSION ACTION – MAY
Al Hulick, Development Specialist, presented the written staff report.
Commissioner Voskuil questioned the property area along Happy Hollow that was left out of this
rezoning request. Cantrell stated that this property was under separate ownership and not part
of the golf course property.
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 Perrotto with a second by Commissioner Voskuil to
forward the proposed rezoning to the City Council with a favorable recommendation.
The motion carried on a 7-0-0 vote.
FISCAL IMPACT
The effect of this rezoning will serve to clarify the distinction in land use and zoning
classification at the Airport between this outdoor recreational use and the
aviation/operational facilities.Considering that the southernmost portion of the Airport
has been developed as a golf course for several years, but remains zoned Agriculture, it
is appropriate to apply a zoning designation that corresponds with the property’s current
land use. This rezoning will have no fiscal impact on the City of Janesville.
cc: Brad Cantrell
CITY MANAGER’S OFFICE MEMORANDUM
May15, 2009
TO: City Council
FROM:Rebecca Smith, Management Assistant
SUBJECT: Janesville Patriotic Society presentation regarding moving war memorials
Request
The Janesville Patriotic Society (JPS) asked to come before the City Council on May
26, 2009 to share information about their proposal to move the veterans’ monuments
from the Corn Exchange to Traxler Park.
Mr. Tom Stehura, President of the Janesville Patriotic Society, will be present at the
meeting to share information with the Council. Please find attached a written proposal
from JPS.
Recommendation
The Parks Division is open to this conceptual plan and would welcome the opportunity
to work with JPS to develop a more specific plan for future Council review.
Suggested Motion
I move to allow the Janesville Patriotic Society to move forward with developing a plan
for future review by the Council to move the veterans’ monuments from the Corn
Exchange to Traxler Park.
Community Development Department Memorandum
May 1, 2009
TO: Janesville City Council
FROM: Duane Cherek, Planning Services Manager
SUBJECT: Action on a proposed resolution approving the final plat of Willow
Glade (File Resolution No. 2009-588).
RECOMMENDATION & SUGGESTED MOTION
The Plan Commission and Community Development Department recommend
that the City Council support a motion to approve Resolution No. 2009-588
subject to the following conditions:
1. Assessments will be levied for the installation of sidewalk ($12,983.54), storm
sewer ($21,599.25), and street light ($5,077.50) improvements.
2. A municipal utility easement must be granted across the adjoining property to
the east to serve the plat area with sanitary sewer. A storm sewer and
drainage easement must also be granted to the City to convey stormwater
runoff across the property to the east.
3. The developer should contact, respectively, the Engineering Department and
City Clerk’s Office for information regarding the scheduling of public works
improvements and for information on any outstanding taxes, special
assessments, or other fees which must be satisfied.
REQUEST
Jack Willow Investments requests approval of a final plat for Willow Glade
subdividing approximately 2.5 acres of land into single-family lots on the City’s
north side. The plat is located along Castlemoor Drive north of Stonemoor Drive.
The property is currently zoned R1-Single and Two-Family Residence.
ANALYSIS
A. The applicant proposes to subdivide approximately 2.5 acres of land on the
City’s north side into six single-family lots. In the future, Outlot-1 will be
further subdivided into single-family residential lots when Castlemoor Drive is
extended north and the adjoining land owner proposes to subdivide that
property. At that time, transfers of land between the owners will be necessary
to create uniform-shaped lots.
B. The property is zoned R1 Single and Two-Family Residence. The R1 zone
district is consistent with the applicant’s desire to create single-family home
lots in this area. Additionally, the final plat complies with the requirements of
the Subdivision Ordinance except as otherwise noted in the recommendation
section of the report.
C. In order to accommodate stormwater run-off created by this development,
conveyance of a storm water and drainage easement on adjoining property to
the east must be granted. Construction of storm water improvements will be
installed by the City within this future greenbelt area. Additionally, a sanitary
sewer easement across the adjoining property to the east will be required to
serve the plat area with sanitary sewer service.
D. In accordance with the City’s sidewalk Ordinance, sidewalks are to be
constructed along the Castlemoor Drive frontage of Lots 1-4 and Outlot-1 and
along the Willow Run frontage of Lot 5. A note to this affect has been added
to the final plat.
E. No parkland will be dedicated with this plat since those requirements have
been previously satisfied through significant greenbelt dedications in earlier
phases of platting activity in this area. However, all future residential
development that occurs on the balance of the applicant’s undeveloped
landholding will be subject to parkland dedication requirements or payment of
monies in lieu of dedication specified under the Subdivision Ordinance.
F. Utility, street light, and storm sewer easements, as requested by the
Engineering Department and utility companies serving the area, must be
included on the final plat.
G. The City’s recently adopted Comprehensive Plan identifies this property as
appropriate for planned neighborhood development, and is therefore
consistent with the applicant’s desire to create five single-family home sites.
H. The developer should contact the Engineering Department regarding the
scheduling of public works improvements and the City Clerk’s Office
regarding any outstanding taxes, assessments, or other fees which must be
paid.
PLAN COMMISSION ACTION – MARCH 16, 2009
The Plan Commission unanimously agreed to forward the final plat of Willow
Glade to the City Council with a favorable recommendation subject to the
conditions listed in Section I.
cc: Brad Cantrell
RESOLUTION NO. 2009-588
A resolution approving the final plat of Willow Glade.
WHEREAS
, a plat of "Willow Glade", a subdivision lying in the SE.1/4 of the
th
SE.1/4 and the NE.1/4 of the SE.1/4 of Section *, T.3N., R.13E. of the 4 P.M.,
City of Janesville, Rock County, Wisconsin, was duly approved by the City Plan
Commission on the 16 day of March, 2009, and is incorporated herein by
reference;
WHEREBY
, this certain tract of land is platted into blocks, lots, outlot and streets;
NOW THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL
of the
City of Janesville, Rock County, Wisconsin, that said plat of Willow Glade 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
DEPARTMENT OF PUBLIC WORKS MEMORANDUM
ENGINEERING DIVISION
April 30, 2009
TO: City Council
FROM: Margaret Duerr, Engineering Division
SUBJECT: For Council Consent Agenda on May 26, 2009, Waiver of Procedure for Special
Assessments for storm sewer, sidewalk and street lighting charges for:
Willow Glade - Jack Willow Investments
.
Staff Recommendation
The Engineering Division recommends approving this item along with other consent agenda
items.
Request
Jack Willow Investments requests to waive the special assessment procedure for Subdivision
Plat – Willow Glade and allow these assessments the use of the 5-year payment plan.
Background
The final subdivision plat creating new lots requires payment of land division assessments for
storm sewer, sidewalk and street lighting. The storm sewer charges are based upon the rate
of $9,290.00 per acre over the entire area of the subdivision. The sidewalk and street light
charges are based upon an estimate of installation costs by the Engineering Division.
The developer has requested to waive the special assessment procedure. Land division
assessments are eligible for use of the 5-year payment plan. Henry Londo of Jack Willow
Investments, the developer, has signed the necessary waiver document agreeing to the
assessments and allowing the charges to be spread over five years with interest at 7.00% on
the unpaid balance.
Willow Glade will be presented to the Council on May 26, 2009, with approval of the plat
recommended by the Plan Commission. The proposed waiver must be approved before the
subdivision plat can be signed and recorded.
The following chart shows land division assessment charges:
Subdivision Plat Owner/Developer Total Assessments:
Willow Glade Jack Willow Investments $39,660.29
Storm Sewer Sidewalk Street Light
$21,599.25 $12,983.54 $5,077.50
Jack Willow Investments’ current outstanding assessment balance is $55,020.96 for lots in
Heider Estates Second and Third Additions. The cumulative total is $94,681.25.
CC: Eric Levitt
Jacob J. Winzenz
Mike Payne
\\petey\COJHome\Agenda Review\Approved Agenda Items\2009\5-26-2009\Willow Glade Waiver Memo.doc
DEPARTMENT OF PUBLIC WORKS MEMORANDUM
May 15, 2009
TO: City Council
FROM: Mike Payne, Engineering Manager
SUBJECT: Consideration and Action on a 5-year Payment Plan for Jack Willow
Investments, LLC
Summary
Council Policy #63 allows developers to place assessments on a 5-year payment
plan when approved by the City Council. The Council Policy allows for the cost
of infrastructure improvements up to 30 lots to be placed on the 5-year payment
plan for residential projects. Jack Willow Investments, LLC has been working with
City staff on an extension of Castlemoor Drive for a six lot subdivision plat
(Willow Glade) and planning for a future four lot commercial project (Willow Glen)
located at STH 26 and McCormick Drive. Jack Willow Investments, LLC has
agreed to pay the annual carrying costs for extending sanitary sewer to the
project sites for a 10-year period or until the property is subdivided, whichever
occurs first. A map of the sanitary sewer extension is attached.
Jack Willow Investments, LLC has current outstanding assessments totaling
$55,020.96. If the Council authorizes use of the 5-year payment plan for Willow
Glade, the total outstanding assessments is estimated to be $204,681.25. Jack
Willow Investments, LLC has previous development experience in Janesville with
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Heider Estates 2 and 3 Additions.
Recommendation
Following review by City Council, the Engineering Division recommends
extending credit to Jack Willow Investments, LLC in the amount not to exceed
$110,000 for the Willow Glade project.
City Manager recommendation
City Manager recommends approval.
Suggested Motion
I move to authorize use of the 5-year payment plan for Jack Willow Investments,
LLC in the amount not to exceed $110,000 for the Willow Glade project.
Request
Jack Willow Investements, LLC is requesting use of the 5-year payment plan for
a proposed six lot subdivision plat (Willow Glade), to be constructed in 2009.
j:\agenda review\approved agenda items\2009\5-26-2009\willow glade 5yr payment plan memo.doc
Background
The City and Jack Willow Investments, LLC have negotiated a Memorandum of
Understanding outlining the requirements and process to construct the public
infrastructure for a six lot subdivision project and sanitary sewer extension in
2009. The City Council traditionally considers use of the 5-year payment plan at
the time of Contract Award. However, the developer requested the Council
review this request at the time of plat approval. Jack Willow Investments, LLC
signed the necessary Waiver for land division assessments which are scheduled
th
for approval as consent agenda items at the May 26 Council Meeting.
Below is a summary of assessments:
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Heider Estates 2 & 3 Additions (Outstanding) $55,020.96
Willow Glade Land Division (scheduled for approval 5/26/09) $39,660.29
Estimated Improvements-Willow Glade (consideration on 5/26/09) $110,000.00
Total $204,681.25
Upon approval of the 5-year payment plan, the Engineering Division will proceed
with design and bidding of the project. The Council will be updated on actual
project costs and the amount to be placed on the 5-year payment plan at the time
of Contract Award.
Attachment
cc: Eric Levitt
Jacob J. Winzenz
j:\agenda review\approved agenda items\2009\5-26-2009\willow glade 5yr payment plan memo.doc
DEPARTMENT OF PUBLIC WORKS MEMORANDUM
May 15, 2009
TO: City Council
FROM: Mike Payne, Engineering Manager
SUBJECT: Consideration and Action on a 10-year non-use deferment for Jack
Willow Investments, LLC and DK Partnership, LLP
Summary
Section IV of Council Policy #63 allows Council to grant 10-year non-use
deferments while undeveloped property is used for agricultural puposes. Jack
Willow Investments, LLC is moving forward with an extension of Castlemoor
Drive for a six lot subdivision plat (Willow Glade) and planning for a future four lot
commercial project (Willow Glen) located at STH 26 and McCormick Drive. In
order to serve either of these projects, sanitary sewer must be extended through
undeveloped land. Jack Willow Investments, LLC has agreed to pay the annual
carrying costs for extending sanitary sewer to the project sites for a 10-year
period or until the property is subdivided, whichever occurs first. This section of
sanitary sewer will be crossing property by two separate owners: Jack Willow
Investments, LLC and DK Partnership, LLP. A map of the proposed sanitary
sewer extension is attached.
Recommendation
Following review by City Council, the Engineering Division recommends the
Council grant 10-year non-use deferments to Jack Willow Investments, LLC and
DK Partnership, LLP for the required sanitary sewer extension to serve Willow
Glade subdivision and the future Willow Glen commercial site.
City Manager Recommendation
I concur with Engineering’s recommendation.
Suggested Motion
I move to authorize a 10-year non-use deferment to Jack Willow Investments,
LLC and DK Partnership, LLP for the required sanitary sewer extension to serve
Willow Glade subdivision and the future Willow Glen commercial site.
Request
Jack Willow Investements, LLC and DK Partnership, LLP are requesting a 10-
year non-use deferment for sanitary sewer through undeveloped property south
of STH 26.
\\petey\cojhome\agenda review\approved agenda items\2009\5-26-2009\willow glade 10yr non-use deferment memo.doc
Background
The City and Jack Willow Investments, LLC have negotiated a Memorandum of
Understanding outlining the requirements and process to construct the public
infrastructure for a six lot subdivision project and sanitary sewer extension in
2009. The City Council traditionally considers granting a non-use deferment at
the time of levying special assessments and Contract Award. However, the
affected property owners requested the Council take action at the time of plat
approval for Willow Glade subdivision.
Attachment
cc: Eric Levitt
Jacob J. Winzenz
\\petey\cojhome\agenda review\approved agenda items\2009\5-26-2009\willow glade 10yr non-use deferment memo.doc
City Manager Memorandum
Date: May 19, 2009
TO: Janesville City Council
FROM: Eric Levitt, City Manager
SUBJECT: Janesville Ice Rink Proposal
I. Summary
The City of Janesville recently received this attached proposal.
II. Recommendation
The City Manager does not have a recommendation at this time on the
proposal. Although I think there are multiple financial issues that would need to
be worked through if the City Council wanted to move forward and discuss the
development of a new rink.
DEPARTMENT OF PUBLIC WORKS MEMORANDUM
May 15, 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)
Award of Bid Schedule “E” – 2009
Contract 2009-12, Manhole Seals
Contract 2009-13, Youth Sports Site Paving and Lighting
Contract 2009-14, Water and Sewer System Improvements
Contract 2009-15, Ice Center Renovation
Summary
Bids for Contract 2009-10, City Hall Remodel (IT Server Room) were opened
April 29, 2009. Bids for Public Works Bid Schedule “E” – 2009, Contracts 2009-
12, -13, -14, & -15 were opened on Wednesday, May 13, 2009. The Engineering
Division is recommending award of these contracts to the low bidders, as shown
on the attached tabulation of bids, and that the City Council express their intent
to include in the 2009 Note Issue $105,108 for manhole seals, $500,000 for
Youth Sports Site Paving and Lighting, and $201,500 for the Ice Center
Renovation. Funding to relocate the IT Server Room was included in prior years
note issues.
Recommendation
Following Review by the Council, the Engineering Division recommends award of
contracts 2009-10, -12, -13, -14, & -15 to the low bidders and that the City
Council express their intent to include in the 2009 Note Issue $105,108 for
manhole seals, $500,000 for Youth Sports Site Paving and Lighting, and
$201,500 for the Ice Center Renovation.
City Manager Recommendation
The City Manager recommends award of the IT Server Room remodel, the
manhole seals, the Youth Sports Site Paving and Lighting, and the Water and
Sewer System Improvements. On the Ice Arena, I recommend approval of the
base bid and alternates A-2 and M-2 and authorization for asbestos abatement at
$2,000 and locker room seats at not to exceed $2,000, skate resistant flooring at
$2,500, and authorization for up to a 10% contingency for a total authorization of
$201,500. The NAHL team has agreed to perform the painting to save the City
$6,071.
\\petey\cojhome\agenda review\approved agenda items\2009\5-26-2009\contract award bid schedule e memo.doc
Suggested Motion
Award contracts 2009-10, -12, -13, -14, & -15 to the low bidders and express our
intent to include in the 2009 Note Issue $105,108 for manhole seals, $500,000
for Youth Sports Site Paving and Lighting, and $201,500 for the Ice Center
Renovation.
Background
Contract 2009-10, City Hall Remodel (IT Server Room)
This project relocates the existing IT Server Room to the first floor of City Hall
adjacent to Leisure Services. The City has been experiencing ongoing problems
with the dedicated cooling system, the existing room requires additional electrical
capacity, and has physically outgrown the existing location. Funding for this
project was included in the 2007 and 2008 Note Issue borrowing.
We opened five (5) bids for this project with Gilbank Construction, Inc. providing
the low bid. The Engineering Division is recommending award of the base bid
and alternate item M1 to Gilbank Construction, Inc., of Clinton, Wisconsin, in the
amount of $325,180. Alternate bid item M1 substitutes a glycol based cooling
system for a more traditional Freon based system at an additional cost of
$36,180. Based upon estimated annual energy savings and a longer life
expectancy, the glycol based system has an estimated payback period of eleven
(11) to twelve (12) years.
Contract 2009-12, Manhole Seals
This contract consists of installing internal or external manhole seals where
manholes are located in greenbelts or ditches to prevent inflow and infiltration to
th
the sanitary sewer collection system. This is the 5 year of a 5 year maintenance
program to reduce infiltration and inflow in the sanitary sewer system. Funding
for this project will be 2009 Note Issue borrowing.
We received four bids for this project, with Maddrell Excavating LLC providing the
low bid. The Engineering Division is recommending award of this contract to
$105,908
Maddrell Excavating LLC of Monroe, Wisconsin in the amount of .
Contract 2009-13, Youth Sports Site Paving and Lighting
This project installs underground electric and paving for the interior streets and
parking areas throughout the Youth Sports site on the east side of Wuthering
Hills Drive. This is the second phase of improvements to this portion of the youth
Sports Facility. Last Fall, the Council awarded a contract for the site grading,
restoration, and limestone base. Funding for this project is held in a Construction
Fund designated for improvements at the Youth Sports Facility. This funding
consists of $500,000 previously included in the 2008 Note Issue, $500,000
included in the 2009 Note Issue and the remaining amount from the sale of lots
developed by the City and abutting the park. The total estimated cost for phases
\\petey\cojhome\agenda review\approved agenda items\2009\5-26-2009\contract award bid schedule e memo.doc
1 & 2, including engineering is $1,137,881. The Council previously discussed
supporting the Youth Sports project with City funding between $1.3M and $1.4M.
We received two (2) bids for this project, with Rock Road Companies, Inc
providing the low bid. The Engineering Division is recommending award of this
contract to Rock Road Companies, Inc of Janesville, Wisconsin in the amount of
$281,278.02.
Contract 2009-14, Water and Sewer System Improvements
This contract consists of rerouting sewer and water mains for a redevelopment
project at W. Court Street and Arch Street for a new Walgreens store. The
Developer has paid the City $88,510.92 according to the terms of the project
Memorandum of Understanding. This amount covers the project construction
costs and includes the following breakdown: contract cost = $69,660, materials
supplied by the City = $7,306.02, plus 15% to cover engineering and
administrative costs of the project = $11,544.90.
We received six (6) bids for this project, with R.T. Fox Contractors, Inc. providing
the low bid. The Engineering Division is recommending award of this contract to
$69,660
R.T. Fox Contractors, Inc of Edgerton, Wisconsin in the amount of .
Contract 2009-15, Ice Center Renovation
This contract consists of modifying the Ice Center to accommodate an NAHL
team and provide additional improvements to address concerns raised by various
user groups. The NAHL team has offered to perform all painting for the project.
(the alternate bid item for painting was $6,071). Funding for this project will be
2009 Note Issue borrowing.
We received seven (7) bids for this project, with Corporate Contractors providing
the low bid. The Engineering Division is recommending award of the base bid
plus alternates A-1 and A-2, to Corporate Contractors of Beloit, Wisconsin in the
$174,192
amount of . The City of Janesville will coordinate minor asbestos
abatement estimated to cost $2,000 and will be purchasing the new skate
resistant flooring directly from a local supplier for $2,500. In addition,
Engineering recommends a project contingency of $11,308.
Attachment
cc: Eric Levitt
Jacob J. Winzenz
\\petey\cojhome\agenda review\approved agenda items\2009\5-26-2009\contract award bid schedule e 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\5-26-2009\Contract Award Attach - Bid Results Bid Schedule D.doc
Bid Opening: 13 May 2009
Page 1 of 4
CITY OF JANESVILLE
TABULATION OF BIDS
PUBLIC WORKS BID SCHEDULE “E” – 2009
2009-12 MANHOLE SEALS
Maddrell Excavating, LLC Total Bid: $105,908.00
Monroe, WI
Odling Construction, Inc. Total Bid: $110,785.00
Delavan WI
E & N Hughes Co., Inc. Total Bid: $126,426.00
Monroe, WI
Globe Contractors, Inc. Total Bid: $183,240.00
Pewaukee, WI
2009-13 YOUTH SPORTS SITE PAVING AND LIGHTING
Rock Road Companies, Inc. Total Bid: $281,278.02
Janesville, WI
Frank Bros., Inc. Total Bid: $300,763.83
Janesville, WI
2009-14 WATER AND SEWER SYSTEM IMPROVEMENTS
R. T. Fox Contractors, Inc. Total Bid: $69,660.00
Edgerton, WI
Odling Construction, Inc. Total Bid: $71,338.00
Delavan, WI
Madison Crushing & Excavating Co., Inc. Total Bid: $77,410.32
Madison, WI
Globe Contractors, Inc. Total Bid: $92,252.00
Pewaukee, WI
\\Petey\COJHome\Agenda Review\Approved Agenda Items\2009\5-26-2009\Contract Award - Bid Results Bid Schedule E.doc
Bid Opening: 13 May 2009
Page 2 of 4
CITY OF JANESVILLE
TABULATION OF BIDS
PUBLIC WORKS BID SCHEDULE “E” – 2009
2009-14 WATER AND SEWER SYSTEM IMPROVEMENTS (Continued)
Outside Plumbing, LLP Total Bid: $106,200.00
Janesville, WI
Speedway Sand & Gravel, Inc. Total Bid: $108,114.00
Middleton, WI
2009-15 ICE CENTER RENOVATION
Corporate Contractors, Inc. Bid No. 1: $166,847.00
Beloit, WI Alternate A-1: $1,936.00
Alternate A-2: $5,409.00
Alternate A-3: $8,681.00
Alternate A-4: $6,071.00
Alternate M-1: $7,482.00
Alternate M-2: $4,439.00
Magill Construction Co., Inc. Bid No. 1: $167,990.00
Elkhorn, WI Alternate A-1: $2,263.00
Alternate A-2: $6,954.00
Alternate A-3: $2,800.00
Alternate A-4: $4,200.00
Alternate M-1: $8,500.00
Alternate M-2: $5,853.00
Maas Bros. Construction Co., Inc. Bid No. 1: $184,400.00
Watertown, WI Alternate A-1: $2,100.00
Alternate A-2: $7,355.00
Alternate A-3: $8,900.00
Alternate A-4: $5,100.00
Alternate M-1: $8,100.00
Alternate M-2: $5,600.00
\\Petey\COJHome\Agenda Review\Approved Agenda Items\2009\5-26-2009\Contract Award - Bid Results Bid Schedule E.doc
Bid Opening: 13 May 2009
Page 3 of 4
CITY OF JANESVILLE
TABULATION OF BIDS
PUBLIC WORKS BID SCHEDULE “E” – 2009
2009-15 ICE CENTER RENOVATION (Continued)
Gilbank Construction, Inc. Bid No. 1: $186,300.00
Clinton, WI Alternate A-1: $830.00
Alternate A-2: $9,300.00
Alternate A-3: $3,900.00
Alternate A-4: $4,600.00
Alternate M-1: $8,200.00
Alternate M-2: $5,800.00
Harmony Construction Management, Inc. Bid No. 1: $187,044.00
Madison, WI Alternate A-1: $1,691.00
Alternate A-2: $7,188.00
Alternate A-3: $10,928.00
Alternate A-4: $5,984.00
Alternate M-1: $9,786.00
Alternate M-2: $7,238.00
Paulson Kimball Construction, LLC Bid No. 1: $195,275.00
Janesville, WI Alternate A-1: $1,950.00
Alternate A-2: $8,450.00
Alternate A-3: $1,550.00
Alternate A-4: $4,060.00
Alternate M-1: $7,558.00
Alternate M-2: $5,350.00
Klobucar Construction Co., Inc. Bid No. 1: $198,600.00
Beloit, WI Alternate A-1: $2,200.00
Alternate A-2: $6,800.00
Alternate A-3: $4,800.00
Alternate A-4: $4,780.00
Alternate M-1: $4,900.00
Alternate M-2: $5,070.00
\\Petey\COJHome\Agenda Review\Approved Agenda Items\2009\5-26-2009\Contract Award - Bid Results Bid Schedule E.doc
Bid Opening: 13 May 2009
Page 4 of 4
CITY OF JANESVILLE
TABULATION OF BIDS
PUBLIC WORKS BID SCHEDULE “E” – 2009
2009-16 N. WASHINGTON/W.MEMORIAL REHABILITATION
Frank Bros., Inc. Base Bid: $133,342.50
Janesville, WI Alternate A: $162,692.00
Total Base Plus Alternate A: $296,034.50
Base Bid: $133,342.50
Alternate B: $150,267.60
Total Base Plus Alternate B: $283,610.10
Rock Road Cos., Inc. Base Bid: $120,908.10
Janesville, WI Alternate A: $216,720.00
Total Base Plus Alternate A: $337,628.10
Base Bid: $120,908.10
Alternate B: $216,720.00
Total Base Plus Alternate B: $337,628.10
\\Petey\COJHome\Agenda Review\Approved Agenda Items\2009\5-26-2009\Contract Award - Bid Results Bid Schedule E.doc
DEPARTMENT OF PUBLIC WORKS MEMORANDUM
15 May 2009
TO: City Council
FROM: Mike Payne, Engineering Manager
SUBJECT: ACTION ON A PROPOSED PRELIMINARY RESOLUTION
FOR PUBLIC WORKS BID SCHEDULE “E” – 2009
AND SCHEDULE A PUBLIC HEARING FOR THE FINAL
RESOLUTION (FILE RES. NO. 2009-605) ON JUNE 8, 2009
Summary
Tuesday, May 26, 2009 is the scheduled time for Council consideration of the attached
Preliminary Resolution No. 2009-605 for an assessable project on Bid Schedule “E”-
2009. Included in this Resolution are sewer, water, and curb & gutter related items. By
adopting this Preliminary Resolution, the City is declaring its intent to assess the
abutting properties benefited by these improvements.
Category I includes assessing 20 property owners for intermittent curb and gutter
replacement required as part of a street rehabilitation project on N. Washington Street
and W. Memorial Drive.
Category II includes assessing sanitary sewer and water main for a lot on Milton
Avenue that recently redeveloped and annexed into the City. The property has
connected to City sewer and water.
Recommendation
The Engineering Division recommends Preliminary Resolution No. 2008-480 be
adopted and the Final Resolution and public hearing be set for Monday, June 8, 2009.
Suggested Motion
I move to adopt Preliminary Resolution No. 2008-480 and schedule the Final Resolution
and public hearing for Monday, June 8, 2009.
Attachment
cc: Eric Levitt
Jacob J. Winzenz
\\petey\cojhome\agenda review\approved agenda items\2009\5-26-2009\bid schedule e prelimin res memo.doc
PUBLIC WORKS BID SCHEDULE “E” – 2009 26 MAY 2009
RESOLUTION NO. 2009-605 PAGE (1) OF (4)
PRELIMINARY RESOLUTION
PRELIMINARY RESOLUTION DECLARING INTENT TO EXERCISE SPECIAL
ASSESSMENT POWERS UNDER SECTION 66.0703, WISCONSIN STATUTES AND
REQUIRING INSTALLATION OF WATER, SEWER, AND GAS SERVICE PIPES AND
PROVIDING FOR ASSESSMENT OF COSTS UNDER SECTION 66.0911, WISCONSIN
STATUTES;
RESOLVED, By the Common Council of the City of Janesville, Wisconsin.
1. The Common Council hereby declares its intention to exercise its power pursuant to
S.66.0703 and S.66.0911, Laws of the State of Wisconsin, to levy special assessments on a reasonable
basis upon property abutting the following described streets, pursuant to its police powers, by
improvement of the said streets to further facilitate traffic flow and safety, and to assist in providing for
the safety, health, and general welfare of the public, to-wit:
I. STREET REHABILITATION INCLUDING: INTERMITTENT CURB AND GUTTER
REPLACEMENT OR RAISING, AND SANITARY, STORM, WATER, AND GAS SERVICE
LATERALS IN CONNECTION WITH ASPHALT PAVEMENT RESURFACING
All Property Fronting
Upon Each Side Of From To
W. Memorial Drive N. Washington Street Oakhill Avenue
N. Washington Street Highland Avenue 200’ N. of Hamilton Avenue
II. SANITARY SEWER, WATER MAIN, AND SEWER AND WATER LATERALS (FOR
ASSESSMENT PURPOSES ONLY)
All Property Fronting
Upon Each Side Of From To
Milton Avenue/STH26 1,220’ NE of John Paul Road 1,395’ NE of John Paul Road
(NW Side)
PUBLIC WORKS BID SCHEDULE “E” – 2009 26 MAY 2009
PRELIMINARY RESOLUTION NO. 2009-605 PAGE (2) OF (4)
2. Said public improvements shall include the above listed improvements on the various listed
streets to the grades established therefore by the City Council of the City of Janesville, Wisconsin, and
recorded in the Office of the City Clerk whether previously established or established in the future.
3. The property against which the assessments are proposed shall be benefited by the
improvements and said assessments shall be made upon a reasonable basis.
4. That the actual levy of the special assessment shall take place at the time of the adoption of
the final public works resolution by the Common Council of the City of Janesville concerning these
improvements. The property owner(s) in Rock Township against whose property such special
assessment shall be levied under and by this Resolution shall have their payment obligation deferred,
without interest accruing thereon, until such time as their specific property is annexed or connects to
such improvement(s), in which event the special assessment shall be due and payable either in full or in
five (5) annual installment payments, the latter with interest accruing thereon from the date of annexation
or connection. This method of payment shall be approved and ratified by the Board of the Town of Rock
in accord with Section 66.0707 of the Wisconsin Statutes, and such other applicable provisions of law
and intergovernmental agreement(s), and shall act, once so ratified by the Rock Town Board, as a levied
special assessment against such abutting and/or benefiting properties in the Town of Rock. This levy
and special assessment payment provisions are in accord with the City of Janesville/Town of Rock
Cooperative Boundary Plan, City of Janesville Common Council Special Assessment Policy No. 63,
related pertinent provisions, and the Town of Rock/Janesville Highway 11 Bypass Agreement. The
special assessment levy and payments shall be made by the abutting, benefiting and affected property
owners in accord with the LaPrairie and Rock Township City of Janesville Highway 11 Bypass
Agreement, as well as the Rock/Janesville Cooperative Boundary Plan. This provision applies only to
the properties located in the Town of Rock.
5. Excluding the assessment for the installation of sewer and water service pipes (lateral) and
the assessment against any parcel owned by an individual property owner may be: (a) paid in cash
upon completion of the work; or (b) paid with the taxes the first year following completion of the work; or
(c) at the election of the property owner, spread over a period of five (5) years with interest at seven
percent (7%) per annum on the unpaid balance. The first installment on the five-year plan shall include
one-fifth of the principal with the interest for November and December on the unpaid portion and shall be
so entered in the Tax Roll. Each of the subsequent installments shall be entered in each of the annual
tax rolls thereafter until all are collected. Deferred payment on the aforementioned installments shall
bear interest at seven percent (7%) per annum.
The assessments against any parcel for sewer and water service pipes shall constitute a lien
against such parcel and must be paid in cash or with the taxes in the year following the completion of the
work.
The assessments, as outlined above, pertain only to said individual property owners. The
assessments against all parcels of land owned by others, which include subdividers, land developers,
\\Petey\COJHome\Agenda Review\Approved Agenda Items\2009\5-26-2009\Bid Schedule E Prelim Res 2009-605.doc
PUBLIC WORKS BID SCHEDULE “E” – 2009 26 MAY 2009
PRELIMINARY RESOLUTION NO. 2009-605 PAGE (3) OF (4)
speculative builders, or owners of several or more lots on the same street or in the same area will be
billed upon completion of the work after which interest at seven percent (7%) per annum will be charged
from the last day of the month of the billing. The assessments for said other owners may be: (a) paid in
cash upon completion of the work in the month of billing without interest; or (b) paid with the taxes the
first year following the completion of the work, the amount to be entered in the Tax Roll shall include the
unpaid principal with interest through the end of December in the year so entered; or, (c) at the election
of the property owner and with the approval of the Committee of Public Works, spread over a period of
five (5) years with interest at seven percent (7%) per annum on the unpaid balance. The first installment
on the five-year plan shall include one-fifth of the principal with interest through the end of December in
the year so entered. Each of the subsequent installments shall be entered on each of the annual tax
rolls thereafter until all are collected. Deferred payment on the aforementioned installments shall bear
interest at seven percent (7%) per annum.
6. The City Engineer is directed to prepare a report consisting of:
a. Final plans and specifications for said improvements,
b. An estimate of the entire cost of the proposed improvements,
c. A schedule of the proposed assessments, and
d. A statement showing that the property against which the assessments are proposed is
benefited, the improvement constituting an exercise of police powers.
Upon completing such report, the City Engineer is directed to file a copy thereof in the City
Clerk's Office for public inspection. The City Engineer is also directed to advertise for bids to carry out
such work of such improvements in accordance with the report.
7. Upon receiving the report of the City Engineer, the Clerk is directed to give notice of a Public
hearing on such report as specified in S.66.0703(7)(a), Wisconsin Statutes. The hearing shall be held at
the Council Chambers in the Municipal Building at a time set by the Clerk, in accordance with
S.66.0703(7)(a), Wisconsin Statutes.
8. The City has determined to undertake the capital improvements described in paragraph 1
above (the "Projects"). The City anticipates that moneys, other than the proceeds of any outstanding
debt of the City, will be expended by the City with respect to such capital improvements. The City
reasonably expects to be reimbursed for such expenditures with proceeds of its debt. The maximum
principal amount of debt expected to be issued for the reimbursement of such expenditures is
$5,000,000. No funds from sources other than the debt referred to above are, or are expected to be,
reserved, allocated on a long-term basis, or otherwise set aside by the City or any entity controlled by
the City pursuant to its budget or financial policies with respect to the Projects. This is consistent with
the budgetary and financial circumstances of the City. Copies of this resolution shall be made available
\\Petey\COJHome\Agenda Review\Approved Agenda Items\2009\5-26-2009\Bid Schedule E Prelim Res 2009-605.doc
PUBLIC WORKS BID SCHEDULE “E” – 2009 26 MAY 2009
PRELIMINARY RESOLUTION NO. 2009-605 PAGE (4) OF (4)
for public inspection in the manner required by law. This Resolution is a declaration of official intent
under Treasury Regulation Section 1.150-2.
ADOPTED:
MOTION BY:
SECOND BY:
APPROVED:
COUNCILMEMBER AYE NAY PASS ABSENT
BRUNNER
Eric J. Levitt, City Manager
McDONALD
ATTEST:
PERROTTO
RASHKIN
Jean Ann Wulf, City Clerk-Treasurer
STEEBER
TRUMAN
APPROVED AS TO FORM:
VOSKUIL
City Attorney
Proposed by: Engineering Division
Prepared by: Engineering Division
\\Petey\COJHome\Agenda Review\Approved Agenda Items\2009\5-26-2009\Bid Schedule E Prelim Res 2009-605.doc
Economic Development Memorandum
Date: May 15, 2009
TO: City Council
FROM: Doug Venable, Director of Economic Development
SUBJECT: Action on a Resolution Approving a TIF Agreement with and Authorizing a
TIF Development Loan to 101 Milwaukee Street, LLC for the Renovation
of 101 E. Milwaukee St. – TIF No. 23 (File Resolution 2009 – 607).
I. Summary
101 Milwaukee Street LLC (“101 LLC”) is a newly formed development company
formed by SARA Investments to purchase and renovate the 6-story office building at
101 E. Milwaukee St. in TIF No. 23. To make the $4.5 million project feasible, 101 LLC
has asked the City for $860,000 in TIF incentives. Staff has negotiated a TIF
Development Agreement with the following key provisions:
?
101 LLC to complete the $4.5 million purchase and renovation of 101 E.
Milwaukee St. by December 31, 2009
?
101 LLC to guarantee total property tax payments ranging from approximately
$72,000 in 2010 to $80,000 in 2022.
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City to reimburse 101 LLC for $500,000 of development costs at the end of the
renovation project.
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City to loan 101 LLC $360,000 at 4.25% over 10 years to help finance
renovation.
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If annual property taxes exceed amount guaranteed by 101 LLC, then excess
property tax revenues will be used to pay debt service on $360,000 TIF loan.
II. Recommended Action
The revitalization of the downtown has been one of the Council’s top priorities.
The property at 101 E. Milwaukee St. anchors the Main and Milwaukee intersection and
is a key activity generator in the heart of the downtown. Given the downturn in both the
local and national economy, it is exciting to have a private developer willing to purchase
an underperforming downtown property and to invest several million dollars to create
class ‘A’ office space.
Staff recommends that the Council adopt file Resolution 2009 – 607 approving the
TIF Development Agreement with and authorizing a $360,000 TIF Development Loan to
101 Milwaukee Street, LLC for the renovation of 101 E. Milwaukee St. in TIF No. 23.
???
Economic Development Department Box 5005 Janesville, WI 53547-5005 755-3180
III. City Manager recommendation:
The City Manager concurs with the recommendation to approve the TIF
development agreement.
IV. Background
101 LLC purchased the 6-story, 52,400 SF office building at 101 E. Milwaukee St.
for $940,000 million and is undertaking a $3,620,000 renovation of the property. The
office building has not had a major renovation since it was constructed in the early
1970’s and the building is currently 70% vacant. 101 LLC plans to replace the HVAC
system, replace the single pane windows with new energy efficient 2-pane glazing;
replace the roof; install accessible bathrooms on each floor; install sprinklers for fire
safety; and replace all interior walls and finishes.
The market rents for class “A” office space in downtown Janesville will not support
this $4.5 million project. Staff feels that without TIF incentives, the renovation project
would not occur and the building would likely continue to lose tenants and property
value.
V. TIF Analysis
Section V. C. of the City Council’s Economic Development Policy (Council Policy
No. 61) states:
“C. Standards for Incentives
The City may use up to fifteen years of projected property taxes from a
downtown redevelopment project to provide appropriate development incentives.
The development incentives may take the form of selling property for less than its
fair market valuation; the implementation of off-site streetscape improvements;
the provision of off-street parking spaces; the relocation of existing water, sewer,
storm sewer, electric, gas, and telecommunication utilities; reimbursements to
the developer for specified redevelopment costs; low/no interest project
financing; and site environmental remediation.”
Each redevelopment project must be evaluated to determine funding need and the
TIF agreement must be structured to meet that need. The 101 LLC project includes the
complete renovation of the building at 101 E. Milwaukee St. Owner’s equity and bank
financing will cover $3,640,000 of the $4,500,000 project costs, leaving an $860,000
funding gap.
When TIF No. 23 was created, 101 E. Milwaukee St. had an equalized property
value of $892,100 and paid $20,300 in property taxes. Staff estimates that the after-
renovation equalized property value will be approximately $65 per SF or $3.4 million.
Since the base value of the property was $892,100, the net increase in property value is
estimated at $2.5 million. Upon completion, property taxes will increase to
approximately $72,000 in 2011, and continue increasing gradually to $80,000 by 2023
as property value and mill rates increases. The increased property taxes will be
captured by TIF No. 23 and used to finance the needed $860,000 developer incentive.
Staff has negotiated a TIF incentive package including the reimbursement of
$500,000 in renovation costs at the completion of construction. The increased property
tax payment will be guaranteed by 101 LLC, and will allow the City to fully recover its
investment within 13 years. The remainder of the incentive will be provided as a
$360,000 TIF Development loan at the City’s cost of borrowing 4.25% and amortized
over 10 years with an annual debt service of $44,939.
Under the terms of the TIF Development Loan, if the actual property tax
increments from the project exceed projections, the extra property tax incremental
revenue will be applied to the annual $44,939 debt service payment. The full TIF loan
would be repaid – either through the annual debt service payment made by 101 LLC or
through the increased property tax increments generated by the 101 LLC development
project.
Doug Venable
Attachment: Location Map
Resolution 2009 - 607
Summary of TIF Development Agreement
Cc Eric Levitt, City Manager
Jay Winzenz, Director of Administrative Services
RESOLUTION 2009 - 607
A Resolution Approving a TIF Development Agreement with and Authorizing a
$360,000 TIF Development Loan with 101 Milwaukee Street, LLC for the
Renovation of Property at 101 E. Milwaukee St. in TIF No. 23
WHEREAS, the Common Council of the City of Janesville created Tax Incremental
Finance District No. 23 on September 9, 2002 in order to stimulate the redevelopment
of properties along E. Milwaukee St. and North Parker Drive in downtown Janesville;
and
WHEREAS, 101 Milwaukee Street, LLC has proposed the $4.5 million purchase and
renovation of the property at 101 E. Milwaukee Street (hereinafter the “Project”), and
WHEREAS, 101 Milwaukee Street LLC has requested redevelopment assistance to
complete this Project consistent with the objectives and proposed expenditures set forth
in the Project Plan for TIF District No. 23; and,
WHEREAS, the City and 101 Milwaukee Street LLC have negotiated a TIF
Development Agreement which is attached hereto and incorporated herein as if fully set
forth, and which Agreement sets forth the terms and conditions of City redevelopment
assistance including:
1. City reimbursement of $500,000 in renovation costs upon the completion of
construction; and
2. City making a $36,000 TIF Development Loan to 101 Milwaukee Street LLC
to be repaid by annual debt services payments or increased property tax
revenues.
WHEREAS, the Common Council of the City of Janesville does hereby find that the
proposed TIF Development Agreement and the proposed $360,000 TIF Development
Loan are each in the best interest and to the benefit of the citizens of the community
and the City;
NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of
Janesville approves the TIF Development Agreement with 101 Milwaukee Street LLC
and authorizes the City Administration to make a $360,000 TIF Development Loan to
101 Milwaukee Street, LLC according to the terms and conditions as set forth in the TIF
Development Agreement; and
Resolution 2009 – 607
Page 2
BE IT FURTHER RESOLVED, that the City Manager and his designee(s), on behalf of
the City of Janesville, is/are hereby authorized to close upon these transactions, to
negotiate, draft, modify, review, execute, enter into, record and/or file any and all
documents, papers, forms, and agreements, to take whatever other actions, and to
make whatever minor modifications and/or amendments to the TIF Development
Agreement, TIF Development Loan, and such other writings and/or this transactions as
the City Manager may, from time to time and at any time, determine necessary and/or
desirable to effectuate the intent of this Resolution and these transactions.
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
Summary of TIF Development Agreement
Between City of Janesville and 101 Milwaukee Street, LLC
I. Parties
A. City of Janesville . the Lender
B. 101 Milwaukee Street, LLC, the Developer/Promissor
II. Description of Property –
101 E. Milwaukee Street, Tax Parcel 01361-00277)
III. Purpose of Agreement
A. Stimulate redevelopment in the downtown
B. Close Developer/Promissor’s financing gap to allow renovation project to
proceed.
C. Implement TIF No. 23 Project Plan
IV. The Agreement
A. The City shall:
1. Reimburse $500,000 in renovation costs upon completion of
construction.
2. Loan Developer/Promissor $360,000 in accordance with terms of TIF
Development Loan Agreement.
B. The Developer/Promissor shall:
1. Provide financial documentation to the City that project financing is in
place and ready to go.
2. Complete renovations according to codes and at Developer/Promissor’s
expense.
3. By December 31, 2009, complete the $4.5 purchase and renovation
project at 101 E. Milwaukee St.
4. Make all required annual debt service payments to retire $360,000 TIF
Development Loan.
5. Guarantee to annually pay minimum property tax bill starting at $72,065
for tax year 2010 payable in 2011, and increasing to $79,930 for tax year
2022 payable in 2023.
C. While TIF incentives are being repaid, 101 E. Milwaukee St. cannot be sold or
leased to an entity that does not pay property taxes without City approval.
D. Developer Contingencies to be satisfied or waived by September 1, 2009:
1. Receipt of building plan approvals and issuance of building permits.
2. Receipt of satisfactory construction and permanent financing.
3. Approval of binding leases acceptable to Developer/Promissor.
4. Council approval of contract to construct parking structure.
E. City not bound to TIF Agreement until Developer/Promissor waives its
contingencies.
F. Developer/Promissor can repay City’s breakeven investment at any time and
if so paid, then Developer/Promissor can sell the property without the
restriction in Section IV.C.
TIF Development Loan Agreement
1. Loan Amount: $360,000
2. Loan Term: 10 years
3. Interest Rate: 4.25%
4. Annual Debt Service: $44,939.00
5. Debt Service Forgiveness: If actual property tax bill for 101 E. Milwaukee St.
exceeds the minimum property tax payment set forth in Section IV.B.5. of the
TIF Development Agreement, then the excess in property taxes paid will be
used to lower the annual debt service payment on the TIF Development
Loan.
6. Loan Closing: Loan shall close upon completion of construction and issuance of
an Occupancy Permit.
7. Timing of Annual Debt Service Payments: On the anniversary date of the Loan
closing. City to prepare an invoice for debt service due 30 days prior to
anniversary date.
8. Mortgage as Security: 101 Milwaukee Street LLC shall give City Mortgage against
its property at 101 E. Milwaukee St. as security for repayment of TIF
Development Loan.
9. Sale of 101 E. Milwaukee St.: If property is sold, then balance of TIF Development
Loan becomes due and payable.
10. Personal Guarantee: Eric Schwartz shall provide personal guarantee that TIF
Development Loan will be repaid.
DIVISION OF PUBLIC WORKS MEMORANDUM
May 15, 2009
TO: City Council
FROM: Daniel L. Lynch, Utility Director
SUBJECT: Review of Wastewater Utility 2008 Compliance Maintenance Annual
Report and Action on Proposed Resolution No. 2009-606
Summary
All cities, villages, and sanitary districts in the State of Wisconsin that operate
wastewater treatment facilities must prepare and submit Compliance Maintenance
Annual Reports (CMAR) to the Wisconsin Department of Natural Resources (WDNR).
These reports evaluate the overall condition of a community’s treatment facility and may
be used as a basis to recommend or require corrective actions to deficient facilities.
Department Recommendation
The Wastewater Utility staff prepared this report and recommends that the City Council
adopt the proposed resolution.
Suggest Motion
Move to adopt Resolution Number 2009-606 acknowledging the Common Council’s
review of the 2008 Compliance Maintenance Annual Report.
Analysis
The WDNR developed the CMAR Program to provide a uniform method to measure the
overall condition of Wisconsin’s treatment facilities. The grading scale is similar to those
used in many high schools and colleges. It is based on a 0.00 to 4.00 point scale with
the final number converted to a letter grade (A through F). When communities receive
low grades the WDNR can require those communities to improve their treatment
facilities.
Grade Corrective Actions Additional Actions
A or B Voluntary None
C Recommended Response to WNDR outlining
community action to correct
D or F Required
deficiency.
The City of Janesville received an A for the 2008 report. However, the excessive
snowfall in the winter of 2007-2008 and rainfall in the spring/summer of 2008 caused
the Rock River to flood in January and June, and raised the groundwater throughout the
area. The rainfall, flooding and high groundwater caused the flow through the
Wastewater Treatment Plant to be much greater than its design levels resulting in the
Influent Loading category losing points and receiving a grade of C.
A sewer collapse on Milton Avenue and a plugged sewer along the Rock River near
River View Drive also led to the loss of points in the Collection Sewer category which
received a grade of B. The eight other categories received a grade of A.
A second part of this process requires the passage of a supporting resolution by the
City Council. This resolution (No. 2009-606) indicates that the Council has reviewed the
Compliance Maintenance Annual Report. The resolution is similar to those used in past
years and has been reviewed by the City Attorney.
cc: Eric Levitt, City Manager
Jay Winzenz, Director of Administrative Services
Wald Klimczyk, City Attorney
RESOLUTION NO. 2009-606
A Resolution acknowledging the Common Council’s review of the Compliance Maintenance
Annual Report of the Wastewater Treatment Plant.
WHEREAS, the City of Janesville is required by State regulation to annually prepare a
Compliance Maintenance Report that describes the physical conditions and performance of the City’s
wastewater treatment and collection facilities; and,
WHEREAS, as part of the report preparation process, the Department of Natural Resources of
the State of Wisconsin (WDNR) requires the Common Council to adopt a resolution acknowledging
that it has reviewed the Compliance Maintenance Report; and,
WHEREAS, the Utility Director has submitted the Compliance Maintenance Annual Report of
the City of Janesville Wastewater Treatment Plant, dated May 26, 2009, to the Common Council for
their review.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville
that they have reviewed the aforementioned Compliance Maintenance Annual Report and find that no
action by the Common Council is necessary at this time to maintain compliance with current effluent
limitations.
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: Utility Director
Prepared by: Utility Director