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Full Agenda Packet CITY OF JANESVILLE CITY COUNCIL MEETING AGENDA MONDAY, July 27, 2009 7:00 P.M. 1. Call to Order and Pledge of Allegiance. 2. Roll Call. 3. Minutes of regular City Council meeting of July 13, 2009. “C” 4. Licenses; and Recommendations of the Alcohol License Advisory Committee. (Refer to separate agenda.) “C” 5. Financial statement for the month of June, 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. Action on a proposed resolution approving amendment #3 to the project plan for TIF District No. 26. (File Res. #2009-617) NEW BUSINESS 1. Action on a proposed preliminary resolution for sewer and water assessments and schedule a public hearing for the final resolution. (File Res. No. 2009-627) ----------------------- “C” – This designation indicates an item that the City Council will take up under a Consent Agenda. City Council Agenda – July 27, 2009 Page 2 NEW BUSINESS (CONTINUED) 2. Action on a proposed resolution releasing the deed restrictions imposed by the City of Janesville on 1114 South Cherry Street. (File Res. No. 2009-626) 3. Schedule a study session on the Tallman House. 4. Matters not on the Agenda. 5. Motion to adjourn. PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING JULY 13, 2009 VOL. 60 NO. 11 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on July 13, 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, Perrotto, Rashkin, Steeber, and Voskuil. Councilmember McDonald was absent. CONSENT AGENDA Minutes of the special meeting of June 16, 2009 Minutes of the regular meeting of June 22, 2009 Licenses and Recommendations of the Alcohol License Advisory Committee. Action on a motion to approve final Certified Survey Map 09007-C, Marklein, 1 lot along Newcastle Drive. Council President Truman stated that all items on the consent agenda would be approved if there were no objections. There were none. Special recognition: Action on a proposed resolution in commendation of Kay M. Nikolaus’ 29 years of service to the City of Janesville. Councilmember Brunner moved to adopt said resolution, seconded by Councilmember Steeber and passed unanimously. (File Res. No. 2009- 623) OLD BUSINESS 1. Requests and comments from the public regarding items on the agenda not requiring a public hearing. Burdette Erickson, 115 S. High St., spoke in favor of purchasing 316 Linn St. (New Business #3). Christy Thorman, 4442 White Oak Dr., requested that sidewalks on property go around trees instead of removing them (Old Business #3). Andreah Briarmoon, 339 S. Locust St., asked Council to use green space near Senior Center for additional parking (New Business #2); requested Council receive citizen input in establishing goals (New Business #5). Don Allison, 731 N. Garfield Ave., requested Council plan for the future when making decision about Senior Center parking (New Business #2). 2. Requests and comments from the public on matters which can be affected by Council action. Students in the Cullen Internship Program introduced themselves to the Council: Megan Muhs and Lindsey Erdmann from Craig H.S., and Emily Viles-Monari and Tanner Mecca from Parker H.S. Andreah Briarmoon, 339 S. Locust St., stated the steering committee for the CDA board does not have citizens representation in membership, and spoke against City staff collaborating with Council for short- and long-term spending priorities; spoke against City staff sitting with Council during meetings. 3. A final resolution for Public Works Bid Schedule “F”-2009 received its public hearing. John Bush, 4323 E. Milwaukee St., questioned the footage of sidewalk on the E. Milwaukee St. segment. Graham Smith, 551 N. Oakhill Ave., concerned about run-off from neighborhood pooling onto his property and requested an exemption for installing sidewalk on his property. John Urban, 4316 E. Milwaukee St., asked what the offset for sidewalks would be. Kurt Miller, 7938 E. State Rd. 59, Milton, WI, and Kathy Summers-Matthews, 1143 Alpine St., spoke against the sidewalk program. The public hearing was closed. Councilmember Steeber moved to approve and vote on each sidewalk project individually, seconded by Council President Truman. The individual votes were as follows: (1) West Alpine Dr. from E. Milwaukee St. to Nantucket Dr.; passed unanimously. (2) West Center from W. Holmes St., to 440’ North; Council President Truman made a motion to remove this item. The motion died for lack of a second. This item passed by the following vote: Aye: Brunner, Rashkin, Steeber, and Voskuil. Nay: Perrotto, and Truman. (3) East Newville Rd. from 828’ North of USH 14, to 970’ North of USH 14; failed unanimously. (4) South E. Milwaukee St. from Alpine Dr., to 290’ East; passed unanimously. (5) South Elizabeth St. from N. Oakhill to 132’ West. Councilmember Steeber offered Friendly amendment to approve only if property owner and Engineering can agree on a method to prevent damming of water on the property. The friendly amendment was accepted by the seconder and passed unanimously. (6) East S. Sumac Dr. from Wesley Ave. to 115’ South; passed unanimously. (7) East Kennedy Rd. from USH 14 to 540’ North; passed by the following vote: Aye: Brunner, Perrotto, Rashkin, Steeber, and Voskuil. Nay: Truman. (8) East Kennedy Rd. from 865’ N. of USH 14 to 1,235’ North of USH 14; passed by the following vote: Aye: Brunner, Perrotto, Rashkin, Steeber, and Voskuil. Nay: Truman. 4. Reject all bids for contract 2009-17 (N. Parker Dr. Parking structure pre-cast package). Award of contract 2009-18 (new and replacement sidewalk) and contract 2009-19 (S. River Rd. greenbelt improvement). Councilmember Steeber moved reject all bids for Contract C2009-17 and award other contracts as follows: Contract C2009-18 J.B. Johnson Bros., LLC $418,870 Contract C2009-19 Greener Valley Landscaping, Inc. $36,440 The motion was seconded by Councilmember Brunner and passed unanimously. NEW BUSINESS 1. Action on a proposed resolution affirming the spending of federal economic renewal grants to the City of Janesville. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Perrotto. Councilmember Perrotto offered a friendly amendment to change the wording in the resolution from “whenever and wherever possible” to “where possible.” Councilmember Steeber did not accept the friendly amendment. The resolution passed by the following vote: Aye: Brunner, Rashkin, Steeber, Truman, and Voskuil. Nay: Perrotto (File Res. No. 2009-624) 2. Council discussion of alternatives and direction to staff on providing additional parking near the Janesville Senior Center. Councilmember Brunner moved to not change the parking at the Senior Center and to add a sign that reads Senior Center Parking, seconded by Councilmember Rashkin and passed unanimously. 3. Action on a proposed resolution authorizing the acquisition and demolition of 316 Linn Street. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Voskuil and passed unanimously. (File Res. No. 2009-622) 4. City Council authorization to allow the submittal of a grant application for restoration of doors for the Tallman House. Councilmember Steeber moved to authorize Monterey Questers to apply for a grant to restore four (4) exterior doors on the Tallman House, seconded by Councilmember Voskuil and passed unanimously. 5. City Council short-term and long-term priorities. Councilmember Voskuil moved to approve the City Council’s short- and long-term goals, seconded by Councilmember Steeber and passed unanimously. 6. A proposed resolution for Amendment No. 2 to the project plan for Tax Increment Finance District No. 22 was introduced and referred to the Plan Commission for a public hearing on August 10, 2009. (File Res. No. 2009-621) 7. Matters not on the agenda. Councilmember Rashkin congratulated Rebecca Smith, Management Assistant, for receiving an outstanding service award from the Wisconsin City and County Management Association; invited citizens to come to the Spotlight on Kids production th the weekend of July 17 ; stated the ALAC provided appropriate warning to Corvinas and alcohol establishments need to work with Janesville Police on security. Council President Truman stated Riverside wading pool should be filled Thursday and thanked everyone involved in the efforts to re-open the pool. Councilmember Brunner asked for an update on the sale of the property at 2739 Beloit Avenue. Director of Administrative Services/Assistant City Manager Jay Winzenz said an update will be brought to Council. 8. 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 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 setting the negotiating and bargaining terms and conditions for (1) a proposed TIF No. 29 development agreement; and, (2) a proposed TIF No. 31 development agreement, seconded by Councilmember Voskuil and passed unanimously. There being no further business, Council convened into closed session at 9:30 PM. These minutes are not official until approved by the City Council. David T. Godek Deputy Clerk-Treasurer JANESVILLE CITY COUNCIL LICENSE AGENDA 7/21/2009 RECOMMENDED A. ELECTRICIANS – Renewal Anthony G. Dubanowich PO Box 545 Scott Schabow 4332 Noss Rd., Beloit, WI B. ELECTRICIANS – ORIGINAL rd Richard J. D. Logan 801 E 3 Ave., Broadhead, WI Daniel Lloyd 4248 Skyview Edward McGrath PO Box 301 Oregon, WI C. SIGN ERECTOR – ORIGINAL APPLETON SIGN CO. 2400 Holly Rd., Neenah, WI DENIED A. OPERATOR LICENSE – ORIGINAL BRITTANY L. TESCH 158 Cottage St., Whitewater, WI POLICE DEPARTMENT MEMORANDUM July 22, 2009 TO: City Council FROM: Steven J. Kopp, Deputy Chief of Police SUBJECT: Council Action on an Application for an Operator’s License by Brittany L. Tesch On May 9, 2009, Brittany L. Tesch applied for a City of Janesville Operator’s License. On May 18, 2009, I denied the application based upon her arrest record showing two underage alcohol arrests. Ms. Tesch appealed the denial to the Alcohol License Advisory Committee (ALAC). At the July 7, 2009 ALAC meeting, Ms. Tesch failed to appear. On a 4-0 vote, the ALAC upheld the denial based upon her non-appearance. Ms. Tesch now appeals to the Common Council. Ms. Tesch was convicted of an underage alcohol offense in November, 2007 in Walworth County. She was also convicted of an underage alcohol offense in Jefferson County in May, 2009. These two arrests within 1½ years call into question her judgment and ability to learn from her mistakes. cc: Eric Levitt, City Manager Jacob J. Winzenz, Director of Administrative Services 1 ACCOUNTING DIVISION MEMORANDUM July 16, 2009 TO: City Council FROM: Patty Lynch, Comptroller SUBJECT: Financial Statement for the Months of June 2009 The City prepares its Financial Statements in accordance with generally accepted accounting principals using the modified accrual method of accounting and is audited annually by Virchow, Krause & Company, LLP. We prepare interim financial statements for the Council’s review on a monthly basis. Division and Department Heads are responsible for monetary expenditures to ensure budget compliance. Revenues and expenditures are projected to year-end in June and September. Key operating funds include the General Fund, Water and Wastewater Utilities, and Sanitation. A summary of their performance to budget, as compared a three-year average, is presented in the following graphs. EXPENDITURE SUMMARY The graph below indicates expenditures are being made according to budget. Sanitation is under budget trends due to the reduced volume of refuse at the landfill. Year-To-Date June ExpendituresCompared to Three-Year Average Current YTD3 Yr. Avg. 60% Percent of Total Budget 50% 40% 30% 20% 10% 0% General FundWater -Wastewater - OperatingOperatingSanitation June 2009 Financial Statement July 16, 2009 Page 2 REVENUE SUMMARY The graph below indicates General Fund, Water, and Wastewater revenue has been earned as anticipated. Water is under trend due to the delayed implemtation of the rate increase. Sanitation fund is below trend due to decreased tonnage of waste collected at the landfill. Year-To-Date June RevenuesCompared to Three-Year Average Current YTD3 Yr. Avg. 80% 70% Percent of Total Budget 60% 50% 40% 30% 20% 10% 0% General FundWaterWastewaterSanitation Other items of interest in the Financial Statement are as follows: Proprietary Funds (pages 4) ? Stormwater Utility—The Stormwater Utility has a deficit operating cash balance of $385,048 at June 30, 2009. This is because revenue is billed on a quarterly basis (Approximately $483,450) after expenditures have been made. ? Transit System—Transit reports a negative cash balance of $774,496 due to the timing of grant reimbursements. Special Revenue Fund Balance (page 5) ? The Golf Courses fund has a negative fund balance of $53,063. This is due to the January transfer of its debt service payment ($96,764) to the debt service fund. ? TIF 3 has a positive balance of $283,908. The positive balance will be used to repay the general fund advance (plus accrued interest.) ? At June 30, 2009, the TIF districts have a combined deficit fund balance of $1,128,994. June 2009 Financial Statement July 16, 2009 Page 3 However, TIF projections indicate the districts will reach a positive fund balance before they expire. ? Landfill long-term care of site #3023 ($142,932) will be reimbursed by an insurance policy we have in place for post closure care. Capital Projects Fund (page 6) ? The Riverfront Property Acquisition account has a deficit balance of $211,671 primarily due to the purchase of the Westphal and Energetics properties. Funding will be provided by a Janesville Foundation Riverfront Reclamation Grant. ? The Reuther Way Project has a deficit balance of $50,193 at June 30, 2009. It is anticipated funding will be provided with 2009 General Obligation note issue. ? The City incurred expenditures in conjunction with road projects on Highway 11 from Wright Road to Highway 14 ($185,685). These costs will be funded with future special assessments or General Obligation note issue. ? Landfill Construction- Phase 2 has a negative balance of $290,319. This project will be funded with the 2009 General Obligation note issue. A representative of the Administrative Services Division will be available at the Council Meeting on July 27 to respond to any questions Council may have relative to these reports. Once Council is satisfied, acceptance of the Financial Statement by consent and placing them on file would be in order. /Attachments Cc: Jacob J, Winzenz, Director of Administrative Services Eric J. Levitt, City Manager Economic Development Memorandum Date: July 21, 2009 TO: City Council FROM: Douglas Venable, Director of Economic Development SUBJECT: Action on a Proposed Resolution Approving Amendment No. 3 to the Project Plan for Tax Increment Finance District No. 26 (File Res. No. 2009-617) I. Summary City staff is proposing a third amendment to TIF No. 26 to add approximately 185 acres of vacant farmland planned for industrial development. The Plan Commission met on July 20, 2009 and recommended that the Council approve proposed Amendment No. 3 to the Project Plan for TIF No. 26. II. Recommendation The City of Janesville has successfully used tax increment financing as an economic development tool. With the closing of numerous businesses in Rock County in the past year and the poor state of the national economy, Janesville needs to remain aggressive in pursuing all development opportunities. The proposed TIF No. 26 boundary amendment will add additional industrial lands that can be improved with municipal utilities and services to attract continued industrial development. Staff recommends that the Council adopt Resolution 2009 – 617, approving Amendment No. 3 to the Project Plan for TIF No. 26. If this Resolution passes, Amendment No. 3 will go to the Joint Review Board for its approval and then to the Department of Revenue for certification. III. City Manager Recommendation The City Manager concurs with the Economic Development Director’s recommendation. IV. Suggested Motion Move to adopt Resolution No. 2009 – 617, approving Amendment No. 3 to TIF No. 26. Amendment No. 3 -- TIF 26 July 21, 2009 Page 2 V. TIF Creation Procedures Wisconsin’s Tax Increment Law (§ 66.1105) sets forth a specific procedure for amending the boundary of a TIF district. The Plan Commission must hold a public hearing, preceded by a Class 2 public notice. The required hearing was held on July 20, 2009. The Plan Commission recommended that the City Council, approve the proposed TIF boundary and Project Plan amendment. If the Council approves Amendment No. 3 to the TIF No. 26 Project Plan, then the Amendment will be considered by a Joint Review Board composed of representatives from the City, the School District, the County, the Vocational District, and a fifth member chosen at large VI. Amendment No. 3 toTIF No. 26 TIF No. 26 was developed as an ‘industrial TIF district’ to stimulate the expansion and redevelopment of an older industrial area centered along Beloit Ave. and Conde St. Expansions by Seneca Foods, LKQ Auto Parts, 3-D Targets Tigre, USA, and PPG Industries have been helped by incentives provided by TIF No. 26. Early in 2009, the City adopted its new Comprehensive Plan which supports continued industrial development of the lands north of Freedom Lane and east of Beloit Ave. Proposed Amendment No. 3 to the Project Plan for TIF No. 26 changes the boundary for TIF No. 26 to include this future industrial land. This area is currently used for agricultural crop production. The City has already installed a water main from Delavan Dr. to Freedom Lane to boost water pressure and reliability as part of the Seneca Foods expansion. Future development will require the construction of internal streets, sewer and storm sewer mains. Amendment No. 3 also updates the TIF No. 26 budget. The Project Plan identifies $4,368,935 in potential TIF No. 26 capital expenditures and administrative costs. Funds can be expended for land acquisition and site improvement; transportation improvements; utility costs; development project financing; marketing; and administration. Interest and interfund borrowing are projected to add $1,417,826 in TIF costs bringing total TIF No. 26 expenditures to $5,786,826. Amendment No. 3 -- TIF 26 July 21, 2009 Page 3 The Amendment also shows that TIF No. 26 has attracted $9,031,300 in new property value since its creation in 2003. This property value generates approximately $198,000 in TIF revenue in 2008. With the addition of 185 acres of vacant industrially zoned land, the TIF Plan assumes that the TIF district will attract an additional $2.0 million in new value every two years between now and 2016. Total TIF incremental revenues over the maximum 23-year life of TIF No. 26 equal $6.62 million, compared to total TIF costs of $5.78 million. Since TIF revenues are projected to exceed TIF costs by $0.84 million, the TIF district should be economically viable. The expenditure of any TIF funds would be linked to a specific development agreement which assures the availability of the property value and tax increments the City will need in order to recover its TIF costs Douglas Venable Attachments: Resolution 2009 – 617 Plan Department Report Amendment No. 3 - TIF No. 26 Project Plan Cc Eric Levitt, City Manager Jay Winzenz, Director of Administrative Services TAX INCREMENT FINANCE DISTRICT No. 26 PROJECT PLAN November 24, 2003 Amendment No. 1 – February 12, 2007 Amendment No. 2 – January 12, 2009 Amendment No. 3 – July 27, 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. 26 TABLE OF CONTENTS I. WISCONSIN TAX INCREMENT LAW AND PROCESS .................... 1 II. TIF No. 26 PLAN OBJECTIVES ..................................................... 2 III. BOUNDARIES OF TIF No. 26 .................................................... 3 IV. EXISTING ZONING AND PROPOSED LAND USES ........................ 5 V. PROPOSED TIF PUBLIC WORKS PROJECTS AND ....................... 6 IMPROVEMENTS VI. DETAILED LIST OF ESTIMATED PROJECT COSTS ......................13 VII. ECONOMIC FEASIBILITY AND METHODS OF FINANCING ...........15 VIII. PROPOSED CHANGES IN ORDINANCES, CODES, & PLANS .......21 IX. LIST OF ESTIMATED NON-PROJECT COSTS ................................22 X. METHODS FOR RELOCATION OF DISPLACED PERSONS ...........22 XI. PROMOTION OF THE ORDERLY DEVELOPMENT OF .................22 THE CITY MAPS 1. Map 1 TIF No. 26 Location Map ……………. ................................... 7 2. Map 2 TIF No. 26 Existing Conditions ............................................... 8 3. Map 3 TIF No. 26 Proposed Improvements ....................................... 9 4. Map 4 TIF No. 26 ½ Mile From TIF 26 Boundary .............................12 LEGAL AND PROCEDURAL 1. Legal Opinion From City Attorney on Project Plan 2. TIF No. 26 Plan Adoption and Creation Resolutions 3. Joint Review Board Resolution City of Janesville Tax Increment Finance District No. 26 Project Plan WISCONSIN TAX INCREMENT LAW AND PROCESS I. Under Wisconsin Statutes Section 66.1105 (1), the State declared that the policy of the State is "to encourage and promote the development of industry to provide greater employment opportunities and to broaden the State's tax base to reduce the tax burden of residents and homeowners." Locally, the City of Janesville has adopted an Industrial Economic Development Policy designed to "diversify the economic base of the City through the retention and expansion of existing businesses ..." In addition, the City seeks to attract new industries through the creation of fully improved industrial parks. One tool designed to help stimulate new development is "Tax Increment Financing (TIF)". When the State Legislature enacted the Tax Increment Law (ss 66.1105) in 1975, they found, "that the accomplishment of the vital and beneficial purposes of the Promotion of Industry Statute (ss 66.1101) is being frustrated by the lack of incentives and financial resources." One stated purpose of the Tax Increment Law, "is to create a viable procedure by which a city or village, through its own initiative and efforts, may finance projects which will tend to accomplish," the promotion of industry. Amendments to Wisconsin’s TIF law enacted in 2007 allow for the expenditure of TIF funds for similar projects located within ½ mile of a TIF boundary. The Tax Increment Law allows a community to recapture the costs of public expenditures made to stimulate new development, from the property taxes generated by the new development. Fundamental to the TIF law is the concept that new development will benefit an area broader than the municipality in which the development occurs. However, an inequity occurs because the community is left to 1 finance the entire cost of public expenditures needed to facilitate the development. The TIF law recognizes that without the TIF expenditures, the development could not have occurred. Thus, the TIF law provides that all property taxes levied on increased property value within a TIF district are retained by the community to finance the public expenditures made within the TIF district. The base value (the value that existed at the time the TIF district is created), however, continues to provide same level of revenues to other taxing jurisdictions. Once all of the public expenditures have been repaid, all taxing jurisdictions can collect taxes levied on the new property value. State statutes are very specific as to how a TIF district is created. First, a TIF project plan is developed and presented to the Plan Commission for a formal public hearing. The Plan 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 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. 26. TIF No. 26 PLAN OBJECTIVES II. Industrial development activities in the City of Janesville are guided by the City's Economic Development Strategy and implemented in accordance with an Industrial Economic Development Policy. The overall goal for the City's industrial development effort is to diversify the City's economic base through the retention and expansion of existing businesses, and through the attraction of growing industrial and large regional service sector employers that will create new employment opportunities and expand the local property tax base. 2 TIF No. 26 will advance the City of Janesville's industrial development objectives and specifically will: A. Promote industry retention and expansion through the redevelopment of an older existing industrial area, thereby retaining jobs and increasing tax base. B. Provide appropriate financial incentives to encourage industrial expansion projects and the lease-up of vacant industrial buildings within the TIF district and for projects within ½ mile of the TIF district. C. 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. D. Generate sufficient new property tax increments within ten (10) years 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. 26 III. DESCRIBED AS FOLLOWS : Beginning at intersection of the East right-of-way line of Beloit Ave. and the South right- of-way line of Burbank Ave.; thence in a Southerly direction along the East right-of-way line of Beloit Ave., 320.0 feet to the Northwest corner of Lot 1, of Certified Survey Map No. 1719917, recorded in the Rock County Register of Deeds Office in Vol. 29, on o Pages 57 – 60; thence S.8944’30”E. along the North property line of said Lot 1, 142.45 o feet; thence S.0052’06”E., 10.00 feet; thence continuing along the North property line of said Lot 1, 449.59 feet to the Northwest corner of Lot 2 of CSM 1719917; thence continuing in an Easterly direction along the North property line of said Lot 2, 258.35 feet to the Westerly right-of-way line of the Burbank Ave. cul-de-sac; thence following the Westerly right-of-way line of the Burbank Ave. cul-de-sac in a Southerly, then 3 Easterly, and then Northerly direction, 399.55 feet to the Easterly right-of-way line of a Union Pacific Railroad Spur shown as Outlot 3 on Certified Survey Map 1076291 in Vol. 13, Pages 303-305; thence in a Northerly direction along the Easterly right-of-way line of said Outlot 3, 376.50 feet to its intersection with the Southwesterly right-of-way line of the Union Pacific Railroad; thence in a Northwesterly direction along the Southwesterly right-of-way line of the Union Pacific Railroad approximately 1,808 feet to its intersection with the East right-of-way line of Beloit Ave.; thence in a Northerly direction along the East right-of-way line of Beloit Ave. 174 feet to the corner of Lot One of Certified Survey Map No. 946060, Vol. 10, Pages 422 and 234; thence o S.3734’30”E. along the southwesterly lot line of said Lot One 337.32 feet; thence continuing along the southwesterly lot line of said Lot One along Curve No. 1-2, o 138.60 feet; thence N.5231’15”E., 52.84 feet; thence continuing along the o southwesterly lot line of said Lot One S.5033’45”E., 369.59 feet; thence continuing o along the southeasterly lot line of said Lot One N.5225’55”E., 341.62 feet to the Easternmost corner of said Lot One, said corner also lying on the East-West Centerline of Section 7-2-13; thence East, along the East-West Centerline of said Section 7-2-13 approximately 1,516 feet to the Center of said Section 7-2-13; thence continuing along o said East-West Centerline 665.90 feet; thence N.031’01”W. parallel to the West Line of the Northeast ¼ of said Section 7-2-13, 1308.16 feet to a point on the North right-of- way line of Conde St.; o thence N.8956’11”W., 665.90 feet to the North-South Centerline of Section 7-2-13; o thence N.011’50”E., 1,340.45 feet to the North ¼ Corner of Section 7-2-13; thence o N.010’37”E., along the North-South line of Section 6-2-13, 2,651.94 feet to the Center 0 of Section 6-2-13; thence N.01-‘37”E., approximately 339 feet to the South right-of-way line of the Wisconsin Southern Railroad; thence in a Westerly direction along the South right-of-way line of said Railroad approximately 1,348’ to the West right-of-way line of Pliny Ave.; thence in a Southerly direction along the West right-of-way line of Pliny Ave. approximately 903’ to the Southeast Corner of Lot 117 of Carrington’s Crown Addition; thence in a Westerly direction along the South line of Carrington Crown Addition approximately 561 feet to the Southwest Corner of Lot 71 of Carrington’s Crown Addition; thence continuing in a Westerly Direction along the South Line of Shield’s 4 Subdivision approximately 561 feet, to the Southeast Corner of Lot 39 of Shield’s Subdivision, said Southeast Corner also being on the East right-of-way line of Beloit Ave.; thence in a Southerly direction along the East right-of-way line of Beloit Ave. approximately 2,069 feet to its intersection with the North Line of Section 7-2-13; o thence S.8945’10”E. along said North Line approximately 1,112 feet to the Northwest Corner of Lot One of a Certified Survey Map recorded in the Rock County Register of Deeds Office as Document No. 1182689 in Vol. 16, Pages 145, 146, and 147; thence o S.013’20”W. 1,345.38 feet to the Southwest Corner of Lot Two of said CSM Document No. 1182689, said Southwest Corner also being located on the North right-of-way line of Conde St.; thence continuing West along the North right-of-way line of Conde St. approximately 2,428 1,107 feet to its intersection with the East right-of-way line of Beloit Ave.; thence in an Easterly direction perpendicular to the East right-of-way line of Beloit Ave. 73 feet to the West right-of-way line of Beloit Ave.; thence in a Southerly direction along the West right-of-way line of Beloit Ave. approximately 1,030 feet to its intersection with the Southwesterly right-of-way line of the Union Pacific Railroad; thence in a Northwesterly direction along the Southwesterly right-of-way line of the Union Pacific Railroad approximately 1,943 feet to the Northernmost corner of City of o Janesville Tax Parcel No. 4122.00079; thence S.005’00”W., 38.6 feet; thence o S.8936’30”W., 441.92 feet to the East right-of-way line of Adel St.; thence continuing o S.8936’30”W., 70.0 feet to the West right-of-way line of Adel St.; thence in a Southerly direction along the Westerly right-of-way line of Adel St. approximately 1,354 feet to its intersection with the Northerly right-of-way line of Anthony Ave.; thence continuing in a Southerly direction perpendicular to the Anthony Ave. right-of-way 35.0 feet to the centerline of Anthony Ave.; thence in an Easterly direction parallel to the centerline of Anthony Ave. 70.0 feet to the Northwest Corner of Lot 1, of Certified Survey Map 819158, Vol. 4, Pages 106 and 107; thence in an Easterly direction along a line parallel to, and 330.0 feet north of the Section Line of the Southwest Quarter of the Northeast Quarter of Section 12-2-12 approximately 1,212 feet to the Northeast corner of Lot Two of Certified Survey Map 1018150, Vol. 12, Pages 267 and 268; thence in a Southerly direction along the East Lot line of said Lot Two 290.0 feet to its intersection with the North right-of-way line of Kellogg Ave.; thence continuing in a Southerly direction 5 perpendicular to the right-of-way line of Kellogg Ave., 82.0 feet to the South right-of- way line of Kellogg Ave.; thence in an Easterly direction along the South right-of-way line of Kellogg Ave. approximately 58 feet to its intersection with the West right-of-way line of Pierce St.; thence in a southerly direction along the Westerly right-of-way line of Pierce St. approximately 1,315 feet to its intersection with the South right-of-way line of Burbank Ave.; thence in an Easterly direction along the South right-of-way line of Burbank Ave. approximately 452.0 feet to its intersection with the East right-of-way line of Beloit Ave. to the point of beginning. (See Map 1 for Boundary). EXISTING ZONING AND PROPOSED LAND USES IV. The City of Janesville is proposing to create TIF No. 26 in an existing industrial area on the City’s south side. TIF District No. 26 boundary as amended contains 176.1 360.7 acres of land including thirty-six (36) forty-four (44) parcels of land totaling 155.1 332.0 acres and 21.0 28.7 acres of street rights-of-way. The proposed TIF district is predominately zoned and used for industrial purposes. Twenty-One Nine (21) (29) of the thirty-six (36) forty-four (44) parcels of land are zoned industrial totaling 140.2 217.3 acres or 90.4% 65.4% of the land within the proposed amended TIF district boundary. Thirteen (13) Nine (9) of the parcels are zoned for commercial uses totaling 12.6 6.0 acres or 8.1% 1.8% of the area. Finally, there are two (2) six (6) R-3 residential parcels of land totaling 2.0 108.7 acres or 1.3% 32.7% of the area. The City has purchased the residential properties for use as right-of-way for Opportunity Drive, which was opened for traffic in 2005. State law requires that not less than 50% of the land within a TIF district be “suitable for ‘industrial sites’ within the meaning of (Wisconsin Statutes) s. 66.1101 and zoned for industrial use”. Within TIF No. 26, 90.4% 65.4% percent of the land is zoned for industrial uses thus meeting the required standard. All lands within TIF No. 26 that are zoned for industrial uses will remain zoned for industrial uses for the life of the TIF district. In addition, the Wisconsin TIF Law prohibits the costs associated with “newly platted residential areas” from being considered as TIF project costs. Even though current zoning includes 108.7 acres of R-3 zoning on vacant land east of Beloit Ave., 6 1 the 2009 Comprehensive Plan calls for industrial development in this area. No residential development is planned for TIF No. 26. The TIF No. 26 Project Plan proposes to improve access to this existing industrial area by upgrading of Beloit Ave. and constructing Opportunity Drive Reuther Way along the Union Pacific Railroad right-of-way. In addition, the Project Plan includes selective property acquisitions to develop new industrial sites. Finally, the Project Plan includes the provision of incentives to encourage development expansion projects. The timing of TIF expenditures will be phased to meet the needs of specific development projects thereby minimizing the risk of incurring development costs in advance of tax-producing development projects. Map 1 shows the existing land uses and zoning in TIF No. 26. PROPOSED TIF PROJECTS AND IMPROVEMENTS V. The public expenditures proposed in TIF No. 26 will be linked to the expansion of the industries within the district. The expansion of the industry will increase property values and will generate new tax increments that will allow the City to recover its TIF costs. The kind, number, and location of all proposed improvements proposed for TIF No. 26 are shown on Map 2 - Improvement Plan. A. Land Acquisition and Site Improvements In order to create the right-of-way for proposed Opportunity Drive Reuther Way, the City may acquire property along the new right-of-way. In addition, right-of- way may be needed as the vacant land east of Beloit Ave. develops. Land acquisition, surveying, soil testing, environmental engineering, and title policy expenses may be considered TIF project costs. Where possible, the properties purchased will be consolidated into new development sites and marketed for redevelopment. In addition, the City may provide reimburse private developers for site improvement costs related to an industrial expansion project or for building renovations needed to accommodate new industries. 8 1 10 B. Transportation Improvements Transportation improvements may include the local share of the reconstruction of Beloit Ave. and the proposed Opportunity Drive Reuther Way through the TIF district. Beloit Ave. may be widened to a 4-lane cross section as the traffic to and through TIF No. 26 increases with development. The traffic signal at the Kellogg and Beloit Avenue intersection may be upgraded with the completion of Opportunity Drive Reuther Way. In addition, the TIF Project Plan allows for the construction of approximately 1,200 feet of Kellogg Ave. east of Beloit Ave. to provide access to the south property boundaries of the industrial uses along Conde St. and the possible signalization of the Beloit Ave./Conde St. intersection. Sidewalks and street lights would be considered TIF transportation cost improvements. A Project Plan boundary Amendment in 2007 included an existing rail spur along the south property line of the properties fronting on the south side of Burbank Ave. This rail spur has not been actively used for many years and may need rehabilitation. The cost to rehabilitate this rail spur to bring it back into service may be included as a TIF development cost. A second boundary amendment in 2009 added a significant tract of land east of Beloit Ave. Access to this land will come from the extension of Todd Dr. which could be developed using TIF funds. In addition, there may need to be a cul- de-sac at the east end of State St. to keep industrial traffic out of the residential area east of Beloit Ave. and south of Delavan Dr. Map No. 2 shows the planned location of these transportation improvements. Wherever street construction occurs, sidewalks or recreational trails, street trees, and landscaping may be installed as part of the transportation improvement. C. Utility Costs As streets like Opportunity Drive Reuther Way, Todd Dr., or Kellogg Ave are improved, sewer, water, gas and electric utilities may be installed within the rights- of-way. In addition, a storm sewer collection system including assessments for underground piping, surface detention ponds and safety fencing may be TIF costs. These utility improvements will be phased along with the street construction to meet the 11 needs of specific development projects. The utility costs will be included as TIF expenditures. D. Marketing and Project Financing In order to attract development opportunities within TIF No. 26, it may be necessary to implement a marketing program. Marketing activities may include the development of brochures, photographs, topography 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 development. Marketing activities may also include the payment of real estate commissions where a private “buyer’s broker” facilitates the sale of a new development site in TIF No. 26. Where a specific industry has been identified, incentive financing may be necessary to ‘close the deal’. Incentive financing may include below interest loans, funding for equipment relocation and/or employee training costs and unique start-up costs, 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. Changes to State Law also allow the expenditure of TIF funds within ½ mile of an existing TIF boundary. The existing industries and vacant industrial buildings located within ½ mile of TIF No. 26 may also need project financing and/or development incentives to maintain employment levels, or to undertake expansion projects to attract new tenants and create jobs. This Project Plan includes TIF funding to assist with these types of industrial expansion projects within ½ mile of TIF No. 26 (See Map 4). E. Administrative Costs The TIF No. 26 project plan includes the cost incurred for administrative, professional, organizational, and legal services related to the creation and administration of the TIF district. Direct engineering costs shall be charged to the 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 12 under Wisconsin Statutes ss.66.1105 and Department of Revenue TIF review fees will be included as TIF project costs. 13 13 DETAILED LIST OF ESTIMATED PROJECT COSTS VI. In order to determine the economic feasibility of the proposed TIF District No. 26, 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 2009 construction costs, TIF No. 26 improvement costs are estimated as follows: A. Land Acquisition and Site Improvement $ 598,500 $ 598,500 B. Transportation Improvements 849,833 1,501,800 C. Utility Costs 251,287 601,285 D. Marketing & Project Financing 1,010,350 1,610,350 E. Administration 44,500 57,000 Total Cost of Improvements $ 2,754,470 $ 4,368,935 The estimated cost of TIF expenditures is $2,754,470 $4,368,935. Since the project costs may be incurred over the first eighteen years of the TIF district, while TIF revenues will be collected over a maximum of twenty-three (23) 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 $980,143 $1,417,891 in TIF financing costs, bringing the total estimated TIF No. 26 project costs to $3,734,613 $5,786,826. All project costs and interfund borrowing estimates are based on the most current cost data available in December, 2008 June, 2009 and may be adjusted within the total amount shown without modification or amendment of this TIF No. 26 Project Plan. All of the TIF No. 26 project costs except debt service and interfund borrowing will be incurred during the first seven years of the TIF District. Table No. 1 shows the schedule and timing of the proposed expenditures. The actual timing of expenditures 14 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. 26 Summary of TIF Costs By Year Year Type of Cost Cost 2003 Administration $ 6,031 2004 Transportation, Utilites, Marketing, $1,021,396 $1,015,365 Project Financing & Administration 2005 Transportation, Marketing and $343,847 343,847 Administration 2006 Site Development, Administration $126,247 126,247 2007 Project Financing & Administration $204,696 204,696 2008 Land Acq., Site Development & 205,591 3,863 Administration 2009 Project Financ. & Admin. 325,950 394,450 2010 Proj. Financing, Marketing, Utilities 289,450 474,450 Administration 2011 Transportation, Proj. Financing, Utilities. 205,300 551,400 Administration 2012 Transportation, Proj. Financing, Utilities, 31,993 565,000 Administration 2013 Transportation, Proj. Financing, Utilities, 683,586 Administration Total Cost of Improvements $ 2,754,470 $4,368,935 Debt Service and Interfund Borrowing 980,143 1,417,891 15 Total Estimated TIF No. 26 Costs $ 3,734,613 $5,786,826 -------------------------------------------------------------------------------------------------------- Prepared By: Economic Development Agency 16 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 eighteen years in which to make the improvements needed to stimulate and support redevelopment. 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 5 years after the last expenditure is made. In no case shall the TIF district have a life longer than twenty three (23) years. The City of Janesville's Tax Increment District No. 26 was created by Council action in November, 2003, amended in February, 2007, and amended again in January, 2009, and amended in June, 2009.. Therefore, all TIF project improvements must be completed by November, 2021. The taxes on any increased property value in the district between 2004 and 2026 will be retained by the City to repay the TIF project costs. TIF No. 26 will be dissolved when all TIF project costs are repaid, or in November, 2026, 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 three (23) 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. 26. All TIF costs related to industrial expansion projects are incurred according to the schedule shown in Table 17 No. 1. TIF property value increases for are shown for three separate expansion projects that occurred between 2003 and 2008. In addition, as new industrial sites are acquired and improved with streets and utilities, new industrial projects will be developed. The Project Plan documents $8,889,400 in new property valuation that was added by expansion projects by 2008. In addition, projected expansions in 2008 and 2010 2010, 2012, 2014, and 2016 will add $1,000,000 $2,000,000 in new valuation in those years. 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 industries locating within TIF No. 26 that will guarantee the minimum amount of investment needed to fully amortize all TIF costs associated with each project within 10 years. The overall TIF District should be able to recover all costs by the year 2023 thst 2024, the 20 21 year of the TIF district. The equalized value property tax mill rate levy is projected to decrease by 1.0% per year and increases in equalized property valuation of 2.0% due to inflation are projected. These assumptions are conservative, given the uncertainty in the economy and the efforts of the State Legislature to control municipal spending. Based on these assumptions, the $14,299,200 $17,031,300 (plus $6,433,800 in inflation value) in new property value generated by development within TIF No. 26 will create sufficient new property tax increments to repay all planned TIF project costs. The City will limit the implementation of all TIF expenditures until the actual levels of new property value are known. Table 2 shows TIF costs including financing of $3,734,613 $5,786,826. These monies will only be expended if the property value of the industrial construction is adequate to ensure a sufficient tax increment to recover the cost within the life of the TIF district. If $14,299,200 $17,031,300 of new property value is created as projected in Table 2, the TIF district will generate a total of $4,635,263 $6,623,728 in property tax increments over the 23 year life of the district. Since property tax increments are projected to exceed TIF costs by $900,649 $836,901 TIF No. 26 is found to be 18 economically feasible. Projected TIF revenues will cover TIF costs within 20 21 years and the City projects that TIF No. 26 may be dissolved by 2023 2024. 19 $411,87300$980,143$342,486 225,784 01-Dec-08 TIF No. 26 Amendment No. 2 JDV City of Janesville Tax Increment vs. TIF Cost Comparison EqualizedTaxLongExistingCapital Exp. Const.TotalValueIncrementTerm Debt& FutureInterfundTIFTIF YearValueIncremental Mill Rate& Misc.DebtServiceDebtInterestBalanceYearYear TID Value RevenueProceedsCostsServiceCosts 2003000.02275$0$06,031$0($6,031)2003 2004000.02252$4,504$1,265,0001,015,365$30$248,07820041 20054,958,2004,958,2000.02178$5,386$170,000$92,554343,847$0($12,937)20052 20061,690,7006,648,9000.02047$114,990$125,000$133,295126,247$1,475($33,964)20063 20072,240,5008,889,4000.02085$164,510$0$150,400204,696$2,657($227,207)20074 2008141,9009,031,3000.02085$197,600$151,5530$9,088($190,248)20085 200909,211,9260.02064$192,070$152,75828,783$7,610($187,329)20096 20101,000,00010,416,1650.02044$215,006$153,77873,593$7,493($207,187)20107 2011010,624,4880.02023$217,113$149,677111,990$8,287($260,028)20118 2012010,836,9780.02003$219,241$155,303163,848$10,401($370,339)20129 2013011,053,7170.01983$221,390$439,525138,936$14,814($742,225)201310 2014011,274,7910.01963$223,559$393,030129,238$29,689($1,070,622)201411 2015011,500,2870.01943$225,750125,133$42,825($1,012,830) 201512 2016011,730,2930.01924$227,962121,028$40,513($946,408)201613 2017011,964,8990.01905$230,197116,922$37,856($870,990)201714 2018012,204,1970.01886$232,452112,817$34,840($786,195)201815 2019012,448,2810.01867$234,73088,153$31,448($671,065)201916 2020012,697,2460.01848$237,03152,275$26,843($513,153)202017 2021012,951,1910.01830$239,35421,351$20,526($315,676)202118 2022013,210,2150.01811$241,6990$12,627($86,604)202219 2023013,474,4190.01793$244,0680$3,464$154,000202320 2024013,743,9080.01775$246,4600$0$400,460202421 2025014,018,7860.01758$248,8750$0$649,335202522 2026014,299,1620.01740$251,3140$0$900,649202623 10,031,300Totals:$4,635,263$1,560,000$1,971,873$2,980,254$342,486 Increment +Debt-Capital Exp.-Debt Serv.$900,649 Assumptions:Expenditures: AmountYear 1. Mill Rate Growth :0.9900Direct Cost6,0312003 2. Interfund Cost :4.0%Debt1,015,3652004 3. Value Growth : 1.020Debt343,8472005 4. G.O. Bond Rate :4.00%Debt126,2472006 Debt204,6962007 Debt205,5912008 Debt325,9502009 Debt289,4502010 Debt205,3002011 Direct Cost26,4002012 Direct Cost5,5932013 Project Costs2,754,470 Interest Costs980,143 Total TIF Costs$3,734,613 J:\Development\Economic Development\TIF Districts\TIF 26\Amendment #3\[TIF 26 Plan Amendment 3.xls]Summary Prepared By: Economic Development Agency 18 Debt Direct Cost $479,66200$320,901 617,328 01-Jun-09 TIF No. 26 Amendment No. 3 JDV City of Janesville Tax Increment vs. TIF Cost Comparison EqualizedTaxLongExistingCapital Exp. Const.TotalValueIncrementTerm Debt& FutureInterfundTIFTIF YearValueIncremental Mill Rate& Misc.DebtServiceDebtInterestBalanceYearYear TID Value RevenueProceedsCostsServiceCosts 2003000.02275$0$06,031$0($6,031)2003 2004000.02252$4,504$1,265,0001,015,365$30$248,07820041 20054,958,2004,958,2000.02178$5,386$170,000$92,554343,847$0($12,937)20052 20061,690,7006,648,9000.02047$114,990$125,000$133,295126,247$1,475($33,964)20063 20072,240,5008,889,4000.02085$164,510$0$150,400204,696$2,657($227,207)20074 2008141,9009,031,3000.02058$198,821$326,094$151,5533,863$2,763$139,52920085 200909,211,9260.02038$189,611$191,3560$0$137,78420096 20102,000,00011,436,1650.02017$233,039$200,20356,209$0$114,41120107 2011011,664,8880.01997$235,323$194,746120,956$0$34,03220118 20122,000,00013,938,1860.01977$278,371$194,071195,956$0($77,624)20129 2013014,216,9490.01957$281,100$477,094270,551$2,329($546,498)201310 20142,000,00016,541,2880.01938$323,786$434,299359,643$16,395($1,033,049)201411 2015016,872,1140.01918$326,959$44,769348,419$30,991($1,130,269) 201512 20162,000,00019,249,5560.01899$369,301$33,350337,195$33,908($1,165,421)201613 2017019,634,5470.01880$372,920$27,216325,970$34,963($1,180,650)201714 2018020,027,2380.01862$376,574$40,850314,746$35,420($1,195,092)201815 2019020,427,7830.01843$380,265303,522$35,853($1,154,203)201916 2020020,836,3390.01824$383,991252,853$34,626($1,057,690)202017 2021021,253,0660.01806$387,754195,860$31,731($897,527)202118 2022021,678,1270.01788$391,554133,070$26,926($665,969)202219 2023022,111,6890.01770$395,39271,264$19,979($361,820)202320 2024022,553,9230.01753$399,2670$10,855$26,591202421 2025023,005,0020.01735$403,1790$0$429,771202522 2026023,465,1020.01718$407,1310$0$836,901202623 17,031,300Totals:$6,623,728$1,886,094$2,365,756$4,986,263$320,901 Increment +Debt-Capital Exp.-Debt Serv.$836,901 Assumptions:Expenditures: AmountYear 1. Mill Rate Growth :0.9900Direct Cost6,0312003 2. Interfund Cost :3.0%Debt1,015,3652004 3. Value Growth : 1.020Debt343,8472005 4. G.O. Bond Rate :4.25%Debt126,2472006 Debt204,6962007 Direct Cost3,8632008 Debt394,4502009 Debt474,4502010 Debt551,4002011 Debt565,0002012 Debt683,5862013 Project Costs4,368,935 Interest Costs1,417,891 Total TIF Costs$5,786,826 #N/A Prepared By: Economic Development Agency 19 Debt Direct Cost 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. 20 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. 26 may be substantially different that those shown in the project plan. 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 three (23) year life of the TIF district. The development of TIF No. 26 will facilitate industrial expansion projects, increase property values, and create new jobs in the City of Janesville. These jobs will help diversify the local economy and the increased manufacturing payrolls will have a positive multiplier effect in the trade and service sectors. PROPOSED CHANGES IN ORDINANCES, CODES, & PLANS VIII. The proposed TIF No. 26 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. Ninety and Four Tenths percent (90.4%) Sixty-Five (65%) of the properties within TIF No. 26 has been found to be suitable for industrial development in accordance with Wisconsin's Promotion of Industry Statute ss 66.1101, 21 and will remained zoned for industrial purposes for the life of the TIF district. All development in TIF No. 26 will have to conform to the State Building Codes and will be subject to the City's permitting and inspection procedures. The TIF No. 26 project plan conforms to all relevant State and local ordinances, plans, and codes, thus, no changes to the existing regulations are proposed or needed. 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 the proposed TIF district, but within ½ mile of the TIF boundary. These expenditures are now allowed by recent changes to Wisconsin’s TIF law. The City does plan to use a combination of federal and state funding sources to construct the upgrade to Beloit Ave. and to construct Opportunity Drive Reuther Way. 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. 26 Project Plan does plan land acquisition for road right-of-way and future industrial site development. There may be displacement of persons or business needing relocation assistance. For any reason, should relocation 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 Beloit Ave./Opportunity Drive improvements, federal relocation laws will be followed as well. 22 PROMOTION OF THE ORDERLY DEVELOPMENT OF THE CITY XI. The creation of TIF No. 26 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 purchase and develop additional farmland into industrial parks. 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. 26 continues the industrial development on the City’s southeast side that began with the creation of TIF No. 5 in 1988, TIF No. 16 in 1996, and TIF No. 22 in 1999. TIF No. 26 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. 23 Resolution No. 2003 – 390 RESOLUTION APPROVING THE PROJECT PLAN AND CREATING TAX INCREMENT FINANCE DISTRICT No. 26 WITHIN THE CITY OF JANESVILLE ROCK COUNTY, WISCONSIN WHEREAS, the City of Janesville has prepared a Project Plan and proposed a boundary for the creation of City of Janesville Tax Increment Finance District No. 26 in accordance with the provisions of Wisconsin Statues ss 66.1105, a copy of said Project Plan and proposed TIF No. 26 boundary are attached and herein incorporated to this Resolution; and WHEREAS, the Plan Commission has held a public hearing on the proposed creation of Tax Increment District No. 26 and the proposed boundaries thereof, and recommended the approval of the Project Plan for Tax Increment District No. 26 and the creation of the new TIF district; and WHEREAS, the Chief Executive Officer of the local 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. 26 have been notified pursuant to Section 66.1105 (4) (a) and (e), Wisconsin State Statutes; and WHEREAS, more than 50% of the land within the proposed TIF District No. 26 is currently zoned for industrial uses and has been found suitable for industrial development within the meaning of Section 66.1101, Wisconsin State Statutes and will remain zoned for industrial purposes for the 23 year life of the TIF District; and WHEREAS, the project costs directly serve to promote industrial development, consistent with the purpose for which the TIF District is created, and the improvement of such areas for industrial projects will significantly enhance the value of all property within the TIF District; and WHEREAS, the aggregate equalized value of taxable property within all of Janesville's TIF Districts does not exceed seven percent (7%) of the total equalized value of property within the City of Janesville; and WHEREAS, the Project Plan for Tax Increment District No. 26 is economically feasible and has been found to be in accordance with the City's General Development Plans, Zoning Ordinance, and other relevant policies and that this project is in the best interest of the City of Janesville and for the benefit of its residents. Resolution No. 2007 – 366 RESOLUTION APPROVING AMENDMENT No. 1 TO THE PROJECT PLAN FOR TAX INCREMENT FINANCE DISTRICT NO. 26 WITHIN THE CITY OF JANESVILLE, ROCK COUNTY, WISCONSIN WHEREAS, in November, 2003 the Common Council of the City of Janesville adopted a Project Plan and created Tax Increment Finance District No. 26 in accordance with the provisions of Wisconsin Statues § 66.1105, and WHEREAS, Wisconsin Statutes Section 66.1105 (4)(h) provides for the amendment of TIF Project Plans following notice to all overlying jurisdictions, public hearing, and review and recommendation by the City Plan Commission; and WHEREAS, the City of Janesville has prepared Amendment No. 1 to the Project Plan for TIF No. 26 in order to revise the projected budget add additional land to the TIF No. 26 boundary as provided by Wisconsin’s TIF law; and WHEREAS, the Plan Commission has held a public hearing on Amendment No. 1 to the Project Plan of Tax Increment District No. 26, the proposed boundary changes thereof and recommended its approval; and WHEREAS, the Chief Executive Officer of the 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. 26 have been notified pursuant to Section 66.1105 (4) (a) and (e), Wisconsin State Statutes; and WHEREAS, all of the land within TIF District No. 26, as amended, is declared to be an “industrial TIF district”, where more than 51% of the land is currently zoned either M-1 Industrial or M-2 Industrial, has been found suitable for industrial development within the meaning of Section 66.1101, Wisconsin State Statutes, and will remain zoned for industrial purposes for the 27-year life of the TIF District; and WHEREAS, the project costs directly serve to promote industrial development, consistent with the purpose for which the TIF District is created, and the improvement of such areas for industrial projects will significantly enhance the value of all property within the TIF District; and WHEREAS, the equalized value of taxable property within TIF No. 26 plus the value increment of all existing Janesville TIF Districts does not exceed twelve percent (12%) of the total equalized value of property within the City of Janesville; and Resolution No. 2008 – 557 RESOLUTION APPROVING AMENDMENT No. 2 TO THE PROJECT PLAN FOR TAX INCREMENT FINANCE DISTRICT NO. 26 WITHIN THE CITY OF JANESVILLE, ROCK COUNTY, WISCONSIN WHEREAS, on November 24, 2003 the Common Council of the City of Janesville adopted a Project Plan and created Tax Increment Finance District No. 26 in accordance with the provisions of Wisconsin Statues § 66.1105, and WHEREAS, on February 12, 2007, the Common Council of the City of Janesville adopted Amendment No. 1 to the Project Plan for TIF District No. 26 in accordance with the provision of Wisconsin Statutes § 66.1105; and WHEREAS, Wisconsin Statutes Section 66.1105 (4)(h) provides for the amendment of TIF Project Plans following notice to all overlying jurisdictions, public hearing, and review and recommendation by the City Plan Commission; and WHEREAS, the City of Janesville has prepared Amendment No. 2 to the Project Plan for TIF No. 26 in order to revise the projected budget to permit the expenditure of TIF No. 26 funds on development projects located within ½ mile of the TIFNo. 26 boundary as provided by Wisconsin Statutes Section 66.1105 (2)(f)1.n.; and WHEREAS, the Plan Commission has held a public hearing on Amendment No. 2 to the Project Plan of Tax Increment District No. 26, the proposed boundary changes thereof and recommended its approval; and WHEREAS, the Chief Executive Officer of the 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. 26 have been notified pursuant to Section 66.1105 (4) (a) and (e), Wisconsin State Statutes; and WHEREAS, all of the land within TIF District No. 26, as amended, is declared to be an “industrial TIF district”, where more than 51% of the land is currently zoned either M-1 Industrial or M-2 Industrial, has been found suitable for industrial development within the meaning of Section 66.1101, Wisconsin State Statutes, and will remain zoned for industrial purposes for the life of the TIF District; and WHEREAS, the project costs directly serve to promote industrial development, consistent with the purpose for which the TIF District is created, and the improvement of such areas for industrial projects will significantly enhance the value of all property within the TIF District; and Resolution No. 2009 – 617 RESOLUTION APPROVING AMENDMENT No. 3 TO THE PROJECT PLAN FOR TAX INCREMENT FINANCE DISTRICT NO. 26 WITHIN THE CITY OF JANESVILLE, ROCK COUNTY, WISCONSIN WHEREAS, on November 24, 2003 the Common Council of the City of Janesville adopted a Project Plan and created Tax Increment Finance District No. 26 in accordance with the provisions of Wisconsin Statues § 66.1105, and WHEREAS, on February 12, 2007, the Common Council of the City of Janesville adopted Amendment No. 1 to the Project Plan for TIF District No. 26 in accordance with the provision of Wisconsin Statutes § 66.1105; and WHEREAS, on January 12, 2009, the Common Council of the City of Janesville adopted Amendment No. 2 to the Project Plan for TIF No. 26 in accordance with the provisions of Wisconsin Statutes § 66.1105; and WHEREAS, Wisconsin Statutes Section 66.1105 (4)(h) provides for the amendment of TIF Project Plans following notice to all overlying jurisdictions, public hearing, and review and recommendation by the City Plan Commission; and WHEREAS, the City of Janesville has prepared Amendment No. 3 to the Project Plan for TIF No. 26 in order to revise the projected budget to amend the boundaries of TIF No. 26 to include additional industrially-zoned lands consistent with the development purposes for which TIF No. 26 was created; and WHEREAS, the Plan Commission has held a public hearing on Amendment No. 3 to the Project Plan of Tax Increment District No. 26, the proposed boundary changes thereof and recommended its approval; and WHEREAS, the Chief Executive Officer of the 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. 26 have been notified pursuant to Section 66.1105 (4) (a) and (e), Wisconsin State Statutes; and WHEREAS, all of the land within TIF District No. 26, as amended, is declared to be an “industrial TIF district”, where more than 51% of the land is currently zoned either M-1 Industrial or M-2 Industrial, has been found suitable for industrial development within the meaning of Section 66.1101, Wisconsin State Statutes, and will remain zoned for industrial purposes for the life of the TIF District; and Resolution 2009 - 617 Page 2 WHEREAS, the project costs directly serve to promote industrial development, consistent with the purpose for which the TIF District is created, and the improvement of such areas for industrial projects will significantly enhance the value of all property within the TIF District; and WHEREAS, the equalized value of taxable property within TIF No. 26 plus the value increment of all existing Janesville TIF Districts does not exceed twelve percent (12%) of the total equalized value of property within the City of Janesville; and WHEREAS, the amended Project Plan for Tax Increment District No. 26 is economically feasible and has been found to be in accordance with the City's Master Plans, Zoning Ordinance, and other relevant uses and that this project is in the best interest of the City of Janesville and for the benefit of its residents. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville that it hereby approves Amendment No. 3 to the Project Plan for City of Janesville Tax Increment Finance District No. 26 and refers the Amended Project Plan to a Joint Review Board for review and approval according to 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: Economic Development DIrector CITY ATTORNEY’S OFFICE MEMORANDUM June 9, 2009 MEMORANDUM TO: J. Douglas Venable, Director of Economic Development FROM: Wald Klimczyk, City Attorney RE: Legal Opinion – Amendment No. 3 to T.I.F. No. 26 Project Plan Sec. 66.1105(4)(f), Wis. Stats., of the Tax Increment Financing Law mandates that the project plan or any plan amendment for a 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 “Amendment No. 3 to the Tax Incremental Finance District No. 26 Project Plan,” dated July 27, 2009 (the planned date for City Council action) 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 June 9, 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 “Amendment No. 3 to the Tax Incremental Finance District No. 26 Project Plan,” dated July 27, 2009 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 J:\Agenda Review\Approved Agenda Items\2009\7-27-2009\TIF 26 Amendment 3 - Project Plan & Res 2009-617.doc Community Development Department Memorandum July 27, 2009 TO: Janesville City Council FROM: Al Hulick, Development Specialist SUBJECT: Amendment No. 3 to the Project Plan for Tax Increment Finance District No. 26. I. RECOMMENDATION The Plan Commission and Community Development Department recommend that following a public hearing, the City Council support a motion to find the proposed amendment No. 3 to the Project Plan for Tax Increment Finance District No. 26 consistent with established City Plans. II. REQUEST TIF No. 26 was developed as an ‘industrial TIF district’ to stimulate the expansion and redevelopment of an older industrial area centered along Beloit Ave. and Conde St. Expansions by Seneca Foods, LKQ Auto Parts, 3-D Targets, Tigre USA, and PPG Industries have been helped by incentives provided by TIF No. 26. Early in 2009, the City adopted its new Comprehensive Plan which supports continued industrial development of the lands north of Freedom Lane and east of Beloit Ave. Proposed Amendment No. 3 to the Project Plan for TIF No. 26 changes the boundary for TIF No. 26 to include this future industrial land. III. ANALYSIS A. Attached to this memorandum is a copy of the TIF District No. 26 Project Plan Amendment No. 3. The amended project plan has been prepared to reflect the proposed adjustments to the original plan approved in 2003. New text and figures are shown in highlighted format while obsolete data is presented in strike-out fashion. B. This area is currently used for agricultural crop production. The City has already installed a water main from Delavan Dr. to Freedom Lane to boost water pressure and reliability as part of the Seneca Foods expansion. Future development will require the construction of internal streets, sewer and storm sewer mains. C. Consistent with City Council policy in the creation of TIF districts, the Council will only approve TIF districts that are considered financially feasible. Similarly, this objective also applies to proposed amendments to existing TIF districts. The attached project plan to TIF No. 26 concludes that the proposed amendment is economically feasible. TIF No. 26 was created in 2003 to stimulate industrial development along Beloit Ave. and Reuther Way. Amendment No. 3 also updates the TIF No. 26 budget. The Project Plan identifies $4,368,935 in potential TIF No. 26 capital expenditures and administrative costs. Funds can be expended for land acquisition and site improvement; transportation improvements; utility costs; development project financing; marketing; and administration. Interest and interfund borrowing are projected to add $1,417,826 in TIF costs bringing total TIF No. 26 expenditures to $5,786,826. D. The Amendment also shows that TIF No. 26 has attracted $9,031,300 in new property value since its creation in 2003. This property value generates approximately $198,000 in TIF revenue in 2008. With the addition of 185 acres of vacant industrially zoned land, the TIF Plan assumes that the TIF district will attract an additional $2.0 million in new value every two years between now and 2016. E. Total TIF incremental revenues over the maximum 23-year life of TIF No. 26 equal $6.62 million, compared to total TIF costs of $5.78 million. Since TIF revenues are projected to exceed TIF costs by $0.84 million, the TIF district should be economically viable. The expenditure of any TIF funds would be linked to a specific development agreement which assures the availability of the property value and tax increments the City will need in order to recover its TIF costs F. The boundary for TIF No. 26 was first amended by Amendment No. 1 in February 2007 to include 11.6 acres to the south of the original TIF Boundary. In January, 2009, the TIF No. 26 Project Plan was amended a second time to allow TIF increment to be spent within one-half mile of the TIF Boundary. Proposed Amendment No. 3 will allow TIF increment to be spent within one- half mile of the newly proposed boundary (see attached Map 4 from the project plan). G. The Community Development Department has reviewed the amended Project Plan for TIF 26 against City plans and policies including the 2008 Draft Comprehensive Plan Update, General Development Plan, and the City Council’s Economic Development Policy. The Project Plan for TIF 26 includes the following objectives: Promote industry retention and expansion through the redevelopment of an older existing industrial area, thereby retaining jobs and increasing tax base. Provide appropriate financial incentives to encourage industrial expansion projects and the lease-up of vacant industrial buildings within the TIF district and for projects within ½ mile of the TIF district. 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. Generate sufficient new property tax increments within ten (10) years from each specific development project within the TIF District to fully repay the City's TIF project expenditures associated with the development project. E. The Planning Department finds the proposed Amendment No. 3 to TIF District No. 26 to be consistent with the above stated City plans and policies. IV. PLAN COMMISSION ACTION – 20 JULY 2009 Al Hulick, Development Specialist, presented the written staff report. The public hearing was opened. No individuals addressed this item. The public hearing was closed. Commissioner Werner asked what the financial status of this TIF was. Hulick indicated that the TIF was created in 2003, had created approximately $9,000,000 in new land value and was generating approximately $200,000 in tax increment annually. Werner asked if staff was aware of any impending projects that were driving this Amendment. Hulick indicated that he was aware of discussions that property owners and developers have had with the Economic Development Department, but that no formal development proposals have been submitted for review at this time. There was a motion by Commissioner Voskuil with a second by Commissioner Hanewold to approve to forward the review of Amendment No. 3 to the Project Plan for Tax Increment Finance District No. 26 (File Resolution No. 2009-03) to the City Council with a favorable recommendation. The motion passed 6-0-0. cc: Brad Cantrell Duane Cherek DEPARTMENT OF PUBLIC WORKS MEMORANDUM 20 July 2009 TO: City Council FROM: Mike Payne, Engineering Manager SUBJECT: ACTION ON A PROPOSED PRELIMINARY RESOLUTION FOR SEWER AND WATER ASSESSMENTS AND SCHEDULE A PUBLIC HEARING FOR THE FINAL RESOLUTION ON AUGUST 10, 2009 (FILE RES. NO. 2009-627) Summary An annexation of property owned by Rock County near the airport results in the need for Council action related to sewer and water assessments for improvements previously installed to serve the Rock County Airport. Payment of sewer and water assessments for most of the property owned by Rock County was addressed in the airport annexation agreement. However, the two affected County parcels were not included in that agreement and were also located outside the City of Janesville when the improvements were constructed. Therefore, the City of Janesville was not able to assess these properties at the time the improvements were installed. The affected parcels have now been annexed to the City of Janesville and this resolution levies special assessments related to sewer and water that was previously installed. The total amount for all assessments at the two parcels is $14,124.27. Rock County has requested a non-use deferment and the Engineering Division will recommend such a deferment until the County requests connection to the public utilities. Discussion The resolution includes sanitary sewer and water main abutting undeveloped County owned property. The water main adjacent to the parcel at USH 51 and Knilans Road was installed in 1996. The water main and sanitary sewer adjacent to the parcel at USH 51 approximately 1 mile south of Knilans Road was installed in 2004. Both parcels are undeveloped at this time and are not connected to the public utilities. Attached is a letter from the County requesting a non-use deferment. Council Policy No. 63, IV permits a non-use deferment for a special assessment levied against a property while no use of the improvement is made or the property is undeveloped. Interest does not accrue on these parcels while the assessment is deferred. The granting of a non-use deferment is at the discretion of the Council and in this case the request is consistent with past practice. Recommendation The Engineering Division recommends a 10 year non-use deferment, which is consistent with the Council Policy and that a public hearing be scheduled for the August 10, 2009 Council meeting. \\petey\cojhome\agenda review\approved agenda items\2009\7-27-2009\rock county sewer & water - memo.doc City Manager Recommendation The City Manager concurs with Engineering’s recommendation. Suggested Motion I move to adopt Preliminary Resolution No. 2009-627 and schedule the Final Resolution and public hearing for Monday, August 10, 2009. Attachments: - Location Map - Council Policy No. 63, Parts IV - June 17, 2009 County Request Letter cc: Eric Levitt Jacob J. Winzenz \\petey\cojhome\agenda review\approved agenda items\2009\7-27-2009\rock county sewer & water - memo.doc ROCK COUNTY SEWER & WATER ASSESSMENT – 2009 27 JULY 2009 RESOLUTION NO. 2009-627 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. SANITARY SEWER, WATER MAIN, AND SEWER AND WATER LATERALS (FOR ASSESSMENT PURPOSES ONLY) All Property Fronting Upon Each Side Of From To USH 51(West Side) 50’ South of Knilans Road 250’ North of Knilans Road USH 51 (East Side) 5,500’ South of Knilans Road 5,900’ South of Knilans Road 2. Said public improvements shall include the above listed improvements on the various listed streets to the grades established therefore by the City Council of the City of Janesville, Wisconsin, and recorded in the Office of the City Clerk whether previously established or established in the future. 3. The property against which the assessments are proposed shall be benefited by the improvements and said assessments shall be made upon a reasonable basis. 4. That the actual levy of the special assessment shall take place at the time of the adoption of the final public works resolution by the Common Council of the City of Janesville concerning these improvements. The property owner(s) in Rock Township against whose property such special assessment shall be levied under and by this Resolution shall have their payment obligation deferred, \\petey\cojhome\agenda review\approved agenda items\2009\7-27-2009\rock county sewer & water - res 2009-627.doc ROCK COUNTY SEWER & WATER ASSESSMENT – 2009 27 JULY 2009 RESOLUTION NO. 2009-627 PAGE (2) OF (4) 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, 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 \\Petey\COJHome\Agenda Review\Approved Agenda Items\2009\7-27-2009\Rock County Sewer & Water - Res 2009-627.doc ROCK COUNTY SEWER & WATER ASSESSMENT – 2009 27 JULY 2009 RESOLUTION NO. 2009-627 PAGE (2) OF (4) 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 for public inspection in the manner required by law. This Resolution is a declaration of official intent under Treasury Regulation Section 1.150-2. \\Petey\COJHome\Agenda Review\Approved Agenda Items\2009\7-27-2009\Rock County Sewer & Water - Res 2009-627.doc ROCK COUNTY SEWER & WATER ASSESSMENT – 2009 27 JULY 2009 RESOLUTION NO. 2009-627 PAGE (2) OF (4) 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\7-27-2009\Rock County Sewer & Water - Res 2009-627.doc Community Development Department Memorandum July 27, 2009 TO: Janesville City Council FROM: Al Hulick, Development Specialist SUBJECT: Action on a proposed resolution releasing the deed restrictions imposed by the City of Janesville on 1114 South Cherry Street. (File Resolution 2009-626) Department Recommendation The Community Development Department recommends that City Council support a motion adopting File Resolution 2009-626 releasing the deed restrictions imposed by the City of Janesville on 1114 South Cherry Street so the property can be sold by Habitat For Humanity to raise funds for another construction project. City Manager Recommendation The City Manager recommends approval. Suggested Motion A motion to approve File Resolution 2009-626 which releases the deed restrictions imposed by the City of Janesville on 1114 South Cherry Street so the property can be sold by Habitat for Humanity. Request David Thomas, the Executive Director of Habitat For Humanity, has requested the City’s permission to sell the vacant lot located at 1114 South Cherry Street which the City donated to Habitat For Humanity in 2007. Habitat For Humanity has negotiated the sale of property at 1114 South Cherry Street to an adjacent property owner. The funds raised from the proposed lot sale would be used to help build a new Habitat Home at 1120 South Cherry Street. However, before Habitat For Humanity is allowed to sell the lot at 1114 South Cherry Street, the City of Janesville must release the deed restrictions that were recorded on the lot when the property was conveyed to Habitat in 2007. Background In 1998, the City acquired several lots in this area as part of a strategic plan to acquire property adjacent to the west side of General Motors for possible future expansion in that area. The property is zoned R2-Liminted General Residence District. Once the City acquired the subject site in 1998, the existing structure was demolished, and the property has remained undeveloped since that time. However, by 1999, General Motors had determined that expansion to the west would not be necessary. As a result, the City Council discontinued its practice of acquiring properties and declared some of the lots that were acquired in that area as surplus land. In 2007, the City donated five lots in this area to Habitat For Humanity, including the subject property at 1114 South Cherry Street. At the time those lots were donated to Habitat, the City of Janesville imposed several deed restrictions on each of the lots. Those deed restrictions required that Habitat For Humanity construct a single-family home within 36 months, sell said home to an income-eligible household, and that Habitat place a deed restriction requiring that the property only be used for construction and owner occupancy of a single-family home. David Thomas, the Executive Director of Habitat For Humanity, has contacted the City of Janesville and requests permission to sell the 1114 South Cherry Street lot. Habitat For Humanity has reached an agreement to sell the lot to the adjacent property owner. Funds from the sale of the lot will be used to help offset the cost to build a new Habitat Home further down the street at 1120 South Cherry Street. Mr. Thomas indicated that there has been a decrease in funding to support Habitat Home projects, and through the sale proceeds they would be able to begin construction of the 1120 South Cherry Street home later this summer. Before Habitat For Humanity is allowed to sell the subject property the City of Janesville must release the above described deed restrictions that were recorded on the lot. The purpose of these deed restrictions was to ensure that the property would remain as a single-family owner occupied residence to help revitalized and stabilize the neighborhood, increase home ownership, and create additional affordable housing stock. Although those initiatives are still important to the City’s Central Neighborhoods, City Staff believes that by releasing these deed restrictions for this lot, Habitat For Humanity will be able to move forward with a project within the same neighborhood and still work to accomplish their organizational and the neighborhood’s goals. The attached resolution effectively releases the City’s interests in the recorded deed restrictions, and would allow Habitat For Humanity to sell the subject lot. cc: Brad Cantrell Duane Cherek RESOLUTION NO. 2009 – 626 A resolution releasing the deed restrictions imposed by the City of Janesville on 1114 South Cherry Street. WHEREAS, the City of Janesville acquired, with General Fund monies, the following described parcel in 1998 for the purposes of future expansion at the General Motors Plant as authorized by the City Council by File Resolution No. 98-2353: Lot 14 of Miltmore’s New Addition, City of Janesville, Tax Parcel Number 4011.00424 WHEREAS , in 1999 General Motors determined that expansion to the west of the plant would no longer be necessary, and the City Council discontinued it’s practice of acquiring properties within this area; and WHEREAS , in August 22, 2005 the City Council determined that the four properties west of the General Motors Plant (including 1114 South Cherry Street) should be declared as surplus property and sold or donated for housing redevelopment by File Resolution No. 2005-200; and WHEREAS , in February 2007 the City of Janesville donated the lot at 1114 South Cherry Street to Habitat For Humanity with the following deed restrictions: A. The above recitals are incorporated herein by reference as if fully set fourth verbatim. B. Habitat agrees as follows: 1. To build and construct a new single family home upon the conveyed Subject Property. Construction, including obtaining permits and the commencement of foundation work, is to begin no later than 36 months after title to the Subject Property is conveyed in fee simple to Habitat from the City. 2. To complete construction of the single family home within twelve months of the date of the issuance of a building permit and to show proof of completion by providing a copy of an approval final occupancy inspection from to the City within 30 days of the issuance of said occupancy inspection form. 3. To sell the completed single family home upon the Subject Property to an income-eligible household. In the event new eligibility guidelines are issued between the date of this Agreement and the time of sale, the most current eligibility guidelines established by the HOME and CDBG Program Income Limits as provided by the City Neighborhood Services Department shall be used. 4. Upon filing an application for a building permit for the single family structure upon the Subject Property, Habitat shall also provide to the City’s Community Development Department all renderings and construction plans required of requested by the City for the structure. Habitat shall concurrently forward copies of said building plans and renderings to the Janesville Historic Commission for their prior review and approval in accordance with the Historic Overlay District regulations included in the City’s Zoning Ordinance and/or the United States Secretary of the Interior’s Guidelines. The exterior façade of the proposed single family structure shall be constructed in accordance with the Historic Commission’s approval unless otherwise modified by the City Plan Commission. 5. To prepare and maintain records on cash expenditures, donations, and donated time utilized for this project for not less than seven years from the date of this Agreement, and to provide and present those records forthwith in a form and manner directed by the City and its officials, officers, and employees whenever such records are requested. 6. To provide to the City a true and correct written, detailed accounting for all expenditures within six months of the completion of construction. 7. To place a deed restriction upon the Subject Property at the time of sale from Habitat to any other Party and said deed restriction shall run with the land and which shall be binding on Habitat and on each and every of Habitat’s successors, heirs, and assigns unless said restriction is waived in writing by the City at the direction of the City Council. This restriction shall read as follows: “This real property shall only be used for the construction and owner occupancy of a single-family home.” 8. Income received from the sale of this home shall be considered to be “Program Income” and shall be used by Habitat only for additional new construction or rehabilitation projects to provide owner occupied housing to income-eligible families. Exceptions to this condition may only be granted by the City. WHEREAS , Habitat For Humanity has requested that the above described deed restrictions be waived in order to sell the Subject Property to an adjoining land owner in order to raise funds for a separated Habitat Home Project at 1120 South Cherry Street. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Janesville that each and every of the above enumerated deed restrictions recorded against the Subject Property in March 2007 at the time that the City of Janesville donated and conveyed the Subject Property to Habitat For Humanity are each hereby forthwith jointly and severally released, terminated, and of no further force or effect. The Subject Property is hereby discharged from each and every said Restriction. The City Administration may record a City Clerk- Treasurer certified photocopy of this Resolution with the Office of the Register of Deeds for Rock County setting forth this release, termination, and discharge. BE IT FURTHER RESOLVED , that the City Manager, and his designees, are hereby authorized to negotiate, draft, prepare, execute, file, record, and modify such other documents, papers, and agreements ancillary and/or pertaining thereto, and from time to time, to make whatever other minor modifications to the above-described release of deed restrictions as the City Manager and/or his designees may deem necessary and/or desirable to effectuate the purposes of such release of interest and the intent of this Resolution. 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: Community Development Department Prepared by: Community Development Department CITY MANAGER’S MEMORANDUM July 27, 2009 TO: City Council FROM: Eric J. Levitt, City Manager SUBJECT: Action to Schedule a Study Session The City Manager requests that the City Council schedule a study session to review the Tallman House report. The study session is intended to improve the capital planning for the Tallman House. Two potential study session dates are: August 26, 2009 August 27, 2009 Thank you for your consideration. 1