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Full Agenda Packet REVISED 9/25/09 CITY OF JANESVILLE CITY COUNCIL MEETING AGENDA MONDAY, September 28, 2009 7:00 P.M. 1. Call to Order and Pledge of Allegiance. 2. Roll Call. 3. Minutes of City Council meetings: “C” A.Regular meeting of September 14, 2009. B.Special meeting of September 14, 2009. 4. Licenses; and Recommendations of the Alcohol License Advisory Committee. (Refer to separate agenda.) “C” 5. Financial statement for the month of August, 2009. “C” OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. 2. Requests and comments from the public on matters which can be affected by Council action. 3. Second reading, public hearing and action on a proposed ordinance amending the list of connecting arterial streets. (File Ord. No. 2009-438) ----------------------- “C” – This designation indicates an item that the City Council will take up under a Consent Agenda. City Council Agenda – September 28, 2009 Page 2 NEW BUSINESS 1. Award of contract C2009-25 (landfill scale house remodeling) for Public Works Bid Schedule “I” – 2009. 2. Motion to approve the acquisition of 305 South Pearl Street, 203 Linn Street and 903 McKinley Street. (File Res. No. 2009-638) 3. Introduce and schedule a public hearing on a proposed charter ordinance amending the meeting time of regular Common Council meetings from 7:00 p.m. to 6:30 p.m. held on the second and fourth Monday of each month. (File Charter Ord. No. 2009-008) 4. Introduce, refer to Plan Commission and schedule a public hearing on a proposed ordinance rezoning property located at 1102 Pliny Avenue from R2 to M2. (File Ord. No. 2009-439) 5. Matters not on the Agenda. 6. Consideration of a motion to convene into closed session, pursuant to Wisconsin Statute Section 19.85(1)(e), for the purpose of deliberating and setting the negotiation and bargaining strategies, terms, and conditions for separate potential TIF 22 and potential TIF 32 sales and development agreements, and for formulating and setting collective bargaining negotiating strategies and terms, since competitive and/or bargaining reasons require a closed session; and pursuant to Wisconsin Statute Section 19.85(1)(g) for the purpose of conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is involved, specifically the claim and litigation alleging personal injury and property damage by one Kevin B. Speich v. City of Janesville, Rock County Case No. 08 CV 1220. PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING SEPTEMBER 14, 2009 VOL. 60 NO. 17 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on September 14, 2009. The meeting was called to order by Council President Truman at 7:00 PM. Council President Truman led the Council in the Pledge of Allegiance. Present: Council President Truman, Councilmembers Brunner, McDonald, Perrotto, Rashkin, Steeber, and Voskuil. CONSENT AGENDA Minutes of the regular meeting of August 24, 2009. Minutes of the special meeting of August 27, 2009. Minutes of the closed session of June 22, 2009. Licenses and Recommendations of the Alcohol License Advisory Committee (ALAC). Action on a motion to approve final Certified Survey Map 09005-C, Dan Fuerstenberg, 2 lots on Pine Street. Authorization for the Administration to deny a claim for refund of allegedly illegal taxes from Robert Redmond for Sun Vista Properties (2010 & 2016 Kellogg Avenue). Council President Truman stated the alcohol license application for Hill Top and alcohol license application amendment for Time Out would be removed from the consent agenda and the remaining items would be approved if there were no objections. There were none. Councilmember Rashkin moved to approve said alcohol license application for Hill Top based on the information presented to the Council, seconded by Councilmember Voskuil and passed by the following vote: Aye: Brunner, McDonald, Rashkin, Steeber, Truman, and Voskuil. Nay: Perrotto. Councilmember Steeber moved to approve Time Out’s license application amendment to include outdoor seating as recommended by the ALAC, to include Councilmember Brunner’s friendly amendment to require the outdoor seating hours to be the same as the Looking Glass. Councilmember Rashkin seconded the motion and it passed unanimously. Special recognition: Action on a proposed resolution in commendation of Mike Rundle’s 31 years of service to the City of Janesville. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Brunner and passed unanimously. (File Res. No. 2009- 633) Action on a proposed resolution supporting the WYCA’s Walk a Mile in Her Shoes event to stop domestic violence. Council President Truman moved to adopt said resolution, seconded by Councilmember Steeber and passed unanimously. (File Res. No. 2009-634) Action on a proposed resolution recognizing October 2009 as Arts Month in the City of Janesville. Councilmember Rashkin moved to adopt said resolution, seconded by Councilmember Steeber and passed unanimously. (File Res. No. 2009-635) Action on a proposed resolution celebrating the fifth anniversary of the Janesville Performing Arts Center. Councilmember McDonald moved to adopt said resolution, seconded by Councilmember Rashkin and passed unanimously. (File Res. No. 2009-637) OLD BUSINESS 1. Requests and comments from the public regarding items on the agenda not requiring a public hearing. Joe Hoppenjon, 1112 Burbank Ave., requested Council spend more money to put people back to work. 2. Requests and comments from the public on matters which can be affected by Council action. Kevin O’Leary, 1711 Royal Oaks Dr. and Karl Dommershausen, 103 S. Jackson St., spoke in support of a new ice skating center and to locate it near the downtown area (New Business #5). Jerry Bumgarner, 1735 S. Osborne Ave., spoke about the proposed employee furloughs and pay cuts and requested Council stop spending money on new projects. NEW BUSINESS 1. Action on a financial gain request from Conquer Chiari Walk Across America. Councilmember Steeber moved to approve a financial gain request from Conquer Chiari Walk Across America, seconded by Councilmember Voskuil and passed unanimously. 2. Action on a financial gain request from the Rock County Historical Society for a cemetery tour. Councilmember Steeber moved to approve a financial gain request from the Rock County Historical Society for a cemetery tour, seconded by Councilmember Rashkin and passed unanimously. 3. Action on a request to waive the special event fee for the Rock County Historical Society cemetery tour. Councilmember Steeber moved to waive the special event fee for the Rock County Historical Society cemetery tour, seconded by Councilmember Rashkin and failed by the following vote: Aye: Perrotto, Rashkin, and Steeber. Nay: Brunner, McDonald, Truman and Voskuil. Councilmembers McDonald, Perrotto and Voskuil requested a review of the special events ordinance so that the Council can be consistent on waiving the associated fees. 4. Recommendation of the Transportation Committee: A proposed resolution authorizing the removal of traffic control signals at the following locations received its public hearing. Tom Brien, 807 Kellogg Ave., Bill McCoy, 1326 Putnam Ave., and Wanda Gunterberg, 25 E. State St., all spoke against removal of Item #3. The public hearing was closed. (1) West Delavan Drive & Ogden Street (Gilman driveway) (2) Academy Street & West Milwaukee Street (3) Beloit Avenue & State Street (4) Elliott Street & South Jackson Street (5) South Jackson Street between State Street & Elliott Street (GM driveway) (6) South Jackson Street & West State Street Councilmember Steeber moved to vote on said traffic control signals on an individual basis, seconded by Councilmember Voskuil: Items (1), (4), (5), and (6) passed unanimously. Item (2) failed by the following vote: Aye: McDonald, Perrotto, and Rashkin. Nay: Brunner, Steeber, Truman, and Voskuil. Item (3) failed unanimously. (File Res. No. 2009-636) 5. Discussion/possible action on a request from Janesville Youth Hockey Building Committee for City Council consideration on City providing funding to build new ice rink. Larry Squires, 4245 Wilshire Ln.; and Mark Robinson, Town of Harmony; requested a 30 day extension to pursue more options to fund and locate a site for a new ice skating center. Council President Truman postponed this item until October 26, 2009. 6. Authorization to submit a grant application to the Economic Development Administration for funding to construct a business incubator. Councilmember Steeber moved to authorize Administration to submit a grant application to the Economic Development Administration for funding to construct a business incubator, seconded by Councilmember Voskuil and passed unanimously. 7. Request for City Council to determine whether to overturn City Manager’s decision on Wisconsin Hockey Partners’ advertising signage at the ice rink. Bill McCoshen, Fitchburg, WI, responded to questions. Councilmember Steeber moved to authorize advertisement as directed/approved by the City Manager, including a friendly amendment by Councilmember McDonald to disallow alcohol advertisements on the dasher boards or on ice, seconded by Councilmember Voskuil and passed by the following vote: Aye: Perrotto, Rashkin, Steeber, and Voskuil. Nay: Brunner, McDonald, and Truman. 8. Council President Truman scheduled a Metropolitan Planning Organization (MPO) Policy Board Meeting for 6:30 PM on September 28, 2009. 9. Recommendation of the Transportation Committee: A proposed ordinance amending the list of connecting arterial streets was introduced and scheduled for a public hearing on September 28, 2009. (File Ord. No. 2009-438) 10. Matters not on the agenda. Councilmember Steeber suggested changing traffic signage and repaint turn lanes at the intersection of Morse St. and Milton Ave. for westbound traffic. Councilmember Rashkin requested a status report on Mercy Manor and the Lovejoy Mansion. Council President Truman stated that the City had four community events over the weekend despite the economic times. In addition, he stated he received a request from the Janesville Gazette to change the Council meeting times from 7:00 PM to 6:00 PM. This matter will be placed on a future agenda. Councilmember Brunner stated that the candy distributed by the Council during the Labor Day Parade was purchased by Council President Truman. 11. Councilmember McDonald 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 negotiation/bargaining terms and conditions for a TIF development agreement for TIF 33, seconded by Councilmember Steeber and passed by the following vote: Aye: McDonald, Perrotto, Rashkin, Steeber, Truman, and Voskuil. Nay: Brunner. There being no further business, Council convened into closed session at 10:35 PM. These minutes are not official until approved by the City Council. Jean Ann Wulf Clerk-Treasurer PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN SPECIAL MEETING SEPTEMBER 14, 2009 VOL. 60 NO. 16 Special meeting of the City Council of the City of Janesville held in the Municipal Building on September 14, 2009. The meeting was called to order by Council President Truman at 5:00 PM. Present: Council President Truman, Councilmembers Brunner, McDonald, Perrotto, Rashkin, Steeber, and Voskuil. Review of Potential Items and Projects in the 2009 Note Issue City Manager Levitt provided the Council with a proposed three-year borrowing schedule for various City projects. Financial Consultant Carol Wirth discussed current market conditions, projected that the City may be able to borrow at a 3.3% interest rate, and stated that the City’s promissory notes would be bank qualified. Director of Administrative Services Winzenz reviewed the proposed 2009 Note Issue recommended projects in the amount of $14,180,000, not recommended projects in the amount of $7,226,000, the project ranking matrix, and unexpended Note proceeds schedule. The Council asked various questions and requested the following information: Councilmember Perrotto requested that the Administration re-inspect the repairs made to the riverwall; Councilmember McDonald requested a list of maintenance projects for all public buildings; Councilmember Brunner requested a list of repairs made to the Rockport Facility and the remaining balance for this project. By consensus, the Council added the following projects for consideration in the proposed 2009 Note Issue: new Fire Station #1, downtown acquisitions, neighborhood improvement acquisitions, Skate Park, building maintenance projects and new Ice Arena. Matters Not on the Agenda None. Councilmember Steeber moved to adjourn, seconded by Councilmember Perrotto and passed unanimously. There being no further business, the Council adjourned at 6:33 PM. These minutes are not official until approved by the City Council. Jean Ann Wulf Clerk-Treasurer JANESVILLE CITY COUNCIL LICENSE AGENDA 9/28/2009 RECOMMENDED A. ELECTRICIANS – ORIGINAL Stephen C. Arnoldussen 2602 American Dr., Appleton, WI Charles R. Kurth 405 E. Main St., Evansville, WI B. SIGN ERECTORS – ORIGINAL CORPORATE IMAGE SIGN SERVICE, LLC W138 Lilac, Genoa City, WI ACCOUNTING DIVISION MEMORANDUM September 21, 2009 TO: City Council FROM: Patty Lynch, Comptroller SUBJECT: Financial Statement for the Month of August 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 Baker Tilly Virchow Krause, 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 Fund. 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 August ExpendituresCompared to Three-Year Average Current YTD3 Yr. Avg. 80% 70% Percent of Total Budget 60% 50% 40% 30% 20% 10% 0% General FundWater -Wastewater - OperatingOperatingSanitation August 2009 Financial Statement September 21, 2009 Page 2 REVENUE SUMMARY The graph below indicates General Fund and Wastewater revenue has been earned as anticipated. Water is under trend due to the delayed implementation of the rate increase. Sanitation fund is below trend due to decreased tonnage of waste collected at the landfill. Year-To-Date August RevenuesCompared to Three-Year Average Current YTD3 Yr. Avg. 100% 90% Percent of Total Budget 80% 70% 60% 50% 40% 30% 20% 10% 0% General FundWaterWastewaterSanitation Other items of interest in the Financial Statement are as follows: Proprietary Funds (page 4) ? The Stormwater Utility has a deficit operating cash balance of $425,005 at August 31, 2009. This is because revenue is billed on a quarterly basis (Approximately $483,450) after expenditures have been made. ? Transit reports a negative cash balance of $786,296 due to the timing of grant reimbursements. Special Revenue Fund Balance (page 5) ? TIF 3 has a positive balance of $285,955. 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 $1,890,552. However, TIF projections indicate the districts will reach a positive fund balance before they expire. ? Landfill long-term care of site #3023 ($129,332) will be reimbursed by an insurance policy we have in place for post closure care. August 2009 Financial Statement September 21, 2009 Page 3 Capital Projects Fund (page 6) ? The Riverfront Property Acquisition account has a deficit balance of $249,673 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 $57,485 at July 31, 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 ($186,799). 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. General Fund (pages 7-10) ? The General Fund Tax Levy reflects the recognition of $10,316,563 in property tax revenue for tax collections received through the August settlement with Rock County. A representative of the Administrative Services Department will be available at the Council Meeting on September 28 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 DUM ENGINEERING DIVISION MEMORAN September 18, 2009 TO: City Council FROM: Mike Payne, Engineering Manager RECOMMENDATION OF THE TRANSPORTATION COMMITTEE SUBJECT: SECOND READING, PUBLIC HEARING, AND ACTION ON A PROPOSED ORDINANCE AMENDING THE LIST OF CONNECTING ARTERIAL STREETS (FILE ORDINANCE NO. 2009-438) At its regular meeting of August 12, 2009, the Transportation Committee recommended (by a 3-0-0 vote) to approve changing the control on the Humes Road south frontage road at the Bell Street intersection from yield signs to stop signs. The staff report and draft meeting minutes related to this item are attached. Signing changes for this item are estimated to cost $150.00, with funding included in the 2009 General Fund – Traffic Management Budget. Recommendation This change requires adoption of attached Ordinance No. 2009-438, which was introduced at the September 14, 2009 Council Meeting. The Public Hearing and Council action on the Ordinance is scheduled for the September 28, 2009 Council Meeting. City Manager recommendation The City Manager supports this Ordinance. Suggested Motion I move to adopt File Ordinance No. 2009-438. DFR: Attachments cc: Eric Levitt, City Manager Jacob Winzenz, Director of Administrative Services/Asst. City Manager \\Petey\COJHome\Agenda Review\Approved Agenda Items\2009\9-28-2009\Ordinance No. 2009-438 - Memo and Ord.doc CITY OF JANESVILLE ORDINANCE NO. 2009-438 An Ordinance amending the list of Connecting Arterial Streets with a stated penalty as provided in Section 10.04.020. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: Section 10.16.020 of the Code of General Ordinances of the City of Janesville is hereby amended by adding the following: Connecting Arterial Streets Except At Humes Road Crossover to Access Road, South Side of Humes Road at Bell Street ADOPTED: MOTION BY: APPROVED: SECOND BY: COUNCILMEMBER AYE NAY PASS ABSENT Eric J. Levitt, City Manager BRUNNER ATTEST: McDONALD Jean Ann Wulf, City Clerk-Treasurer PERROTTO APPROVED AS TO FORM: RASHKIN STEEBER TRUMAN City Attorney VOSKUIL Proposed by: Engineering Division Prepared by: Engineering Division \\Petey\COJHome\Agenda Review\Approved Agenda Items\2009\9-28-2009\Ordinance No. 2009-438 - Memo and Ord.doc DEPARTMENT OF PUBLIC WORKS MEMORANDUM September 18, 2009 TO: City Council FROM: Mike Payne, Engineering Manager SUBJECT: Award of Bid Schedule “I” – 2009 Contract 2009-25, Landfill Scale House Remodeling Summary Bids for Public Works Bid Schedule “I” – 2009, Contract 2009-25, Landfill Scale House Remodeling were opened on Wednesday, September 16, 2009. The Engineering Division is recommending award of contract 2009-25 to the low bidder, as shown on the attached tabulation of bids and that the City Council express their intent to include in the 2009 Note Issue $50,000 for the landfill scale house remodeling. Recommendation Following Review by the Council, the Engineering Division recommends awarding contract 2009-25 to the low bidder and that the City Council express their intent to include in the 2009 Note Issue $50,000 for the landfill scale house remodeling. City Manager Recommendation The City Manager concurs with the Engineering Division. Suggested Motion Award contract 2009-25 to the low bidder and express our intent to include in the 2009 Note Issue $50,000 for the landfill scale house remodeling. Background Contract 2009-25, Landfill Scale House Remodeling This project replaces the existing roof, siding, windows, flooring, ceiling, counters and cabinets, and reconfigures the interior of the building including electrical and plumbing upgrades at the landfill scale house which is 25 years old. In addition, the testing lab facility will relocate into the scale house. Funding for this project will be three sources: the 2009 Note Issue includes $50,000, the landfill operating budget includes $6,000 and the landfill construction fund includes $4,000. The total of $60,000 will cover miscellaneous items and staff time. \\petey\cojhome\agenda review\approved agenda items\2009\9-28-2009\contract award bid schedule i - memo.doc We opened four (4) bids for this project with Paulson Kimball Construction, LLC providing the low bid. The Engineering Division is recommending award of the base bid to Paulson Kimball Construction, LLC of Janesville, Wisconsin, in the amount of $56,000. There was one alternate bid item to delete vinyl siding, soffit, and trim which is not recommended. Attachment cc: Eric Levitt Jacob J. Winzenz \\petey\cojhome\agenda review\approved agenda items\2009\9-28-2009\contract award bid schedule i - memo.doc Bid Opening: 16 September 2009 CITY OF JANESVILLE TABULATION OF BIDS PUBLIC WORKS BID SCHEDULE “I” – 2009 2009-25 LANDFILL SCALE HOUSE REMODELING Paulson Kimball Construction, LLC Base Bid: $56,000 917 Todd Drive Alternate Bid: $(2,815) Janesville, WI 53546 Total Bid: $53,185 Klobucar Construction Co., Inc. Base Bid; $74,960 3140 East county Road S Alternate Bid: $(1,030) Beloit, WI 53511 Total Bid: $73,930 Gilbank Construction, Inc. Base Bid: $78,900 301 Scot Drive, P.O. Box 718 Alternate Bid: $(2,500) Clinton, WI 53525 Total Bid: $76,400 D.B.R. Builders, Inc. Base Bid: $93,150 2201 Afton Road Alternate Bid: $(9,200) Beloit, WI 53511 Total Bid: $83,950 \\Petey\COJHome\Agenda Review\Approved Agenda Items\2009\9-28-2009\Contract Award Bid Schedule I - Attach.doc NEIGHBORHOOD SERVICES MEMORANDUM September 22, 2009 TO: City Council FROM: Jennifer Petruzzello, Neighborhood Services Director SUBJECT: Acquisition of 305 S. Pearl St., 203 Linn St. and 903 McKinley St. (File Resolution No. 2009-638) Summary Each year, Rock County initiates foreclose actions on properties which are delinquent on their property taxes. Under this program, the City has a first right to purchase the properties before public auction. This year, three residential properties were foreclosed upon within the Historic Fourth Ward Neighborhood. Under State Statutes, the City may acquire these properties for a price equal to the delinquent taxes, special assessments and charges, interest, and closing costs. The City’s portion of these charges is then returned to the City. Acquiring these properties for blight elimination or rehabilitation purposes is consistent with City plans and recent City efforts to invest in the improvement of our historic central city neighborhoods. TIF funding is available to acquire and rehabilitate two of the properties and to acquire and demolition the other. Department Recommendation Staff is recommending that the City acquire three residential properties under the Rock County Tax Foreclosure Program for the purpose of neighborhood improvement utilizing tax increment from TIF No. 31 and TIF No. 33. Specifically, the Plan Commission and the Neighborhood Services Department recommend that the City Council support a motion to approve Resolution 2009-638 authorizing the purchase of the properties located at 305 S. Pearl Street, 203 Linn Street and 903 McKinley Street, at a purchase price of $18,597.17 plus closing costs estimated at $1,200. A total of $3,797.01 would be returned to the City for our share of delinquent payments. City Manager Recommendation The City Manager concurs with Neighborhood Services Department and Plan Commission recommendations. Suggested Motion I move to approve file resolution 2009-638 authorizing the purchase of 305 S. Pearl Street, 203 Linn Street and 903 McKinley, at price of $18,597.17 plus closing costs estimated at $1,200, as part of the City’s neighborhood improvement efforts. 1 Background Rock County foreclosed on the properties located at 305 S. Pearl Street, 203 Linn Street, and 903 McKinley Street on September 15, 2009. The County’s Finance Committee made a decision to foreclose on these properties due to delinquent property taxes, special assessments and charges. The delinquency on these properties began in 2005. Because the City has an interest in the properties through unpaid City taxes and specials, the City has a first right to acquire the properties before Rock County sells the properties at a public auction. The purchase price is set by the County at an amount equal to the delinquent taxes, special assessments and charges, and interest plus closing costs. The City’s portion of the outstanding balance is returned to the City. Property Delinquent Cost to Acquire City’s Net Cost Address Taxes, Share Special (Returned Assessments, to City) Charges, Interest 305 S. Pearl $6,456.22 $6,456.22 plus $400 $2,287.39 $4,568.83 est. closing cost 203 Linn $4,319 $4,319 plus $400 $765.08 $3,953.92 est. closing cost 903 McKinley $7,821.95 $7,821.95 plus $400 $744.54 $7,477.41 est. closing cost Total $18,597.17 $18,597.17 plus $3,797.01 $16,000.16 $1,200 est. closing cost Purchasing properties under the Rock County Tax Foreclosure process is a new program proposed to be funded through TIF Increment. The TIF 31 and TIF 33 Plans, which includes projects located within one-half mile of the delineated TIF boundary, includes provisions to provide low interest and/or forgivable loans to residential property owners to help revitalize and stabilize the residential neighborhoods. Additionally funds are included to acquire and remove blighted properties to provide sites for architecturally sensitive infill redevelopment. The property located at 305 S. Pearl is located with the one-half mile boundary of TIF 31. The properties located at 203 Linn Street and 903 McKinley are located with the one-half mile boundary of TIF 33. The TIF Project Plans for TIF 31 and TIF 33 included $125,000 and $250,000 respectively for neighborhood improvement efforts. I would propose that these funds be used for a combination of blight elimination activities and rehabilitation projects. As rehabilitated projects are resold, the funds could continue to be used for additional neighborhood housing improvement efforts. 2 The property located at 305 S. Pearl Street is vacant single family home that was built in approximately 1880 and is zoned M-4 Central General Industrial. The 822 square foot, one-story property has 3 bedrooms and one bath. In addition, there is a 180 sf shed and 280 sf detached garage. The property is located next to the railroad property on Pearl Street. The property is in a blighted condition, and there is currently araze or repair order on the property. Staff is recommending that this structure be demolished at an estimated cost of $8,500. The property located at 203 Linn Street is single family, rental property that was built in approximately 1910 and is zoned R2-Limited General Residence. The 1,548 square foot, two-story property has 3 bedrooms and one bath. In addition, there is a 400 sf detached garage. This property is a c. 1855 Greek Revival home, which is listed in the National Register of Historic Places as a contributing th structure within the 4 Ward Historic District. The property is listed on assessor’s records as being in poor condition. Since this is a tax foreclosed property, the City has not been able to view the interior of the property, however, based upon an exterior inspection, it is believed that rehabilitation of this property will be extensive. Rehabilitation costs are estimated at $90,000. City staff is proposing the acquisition, rehabilitation and resale of the property. The City will place deed restrictions on the property to assure the property remains in an owner occupied status. The property located at 903 McKinley Street is single family, rental property that was built in approximately 1880 and is zoned R3- General Residence. The 1,700 square foot, 1 ¾-story property has 3 bedrooms and one bath. . This property is th a c. 1855 Greek Revival home, and is a contributing structure in the 4 Ward Historic District. The property is listed on assessor’s records as being in poor to average condition. Based upon an exterior inspection, it is believed that rehabilitation of this property will be extensive. Rehabilitation costs are estimated at $90,000. Since this is a tax foreclosed property, the City has not been able to view the interior of the property. Rehabilitation costs are estimated at $90,000. City staff is proposing the acquisition, rehabilitation and resale of the property. The City will place deed restrictions on the property to assure the property remains in an owner occupied status. Analysis A. The project is consistent with the City of Janesville Look West & Old Fourth Ward Neighborhood Revitalization Plans, as well as the City of Janesville Comprehensive Plan. These plans call for the revitalization of neighborhoods that have experienced decline, including the Historic Fourth Ward Neighborhoods. The plans also direct the City to acquire vacant, dilapidated, and tax-delinquent properties for rehabilitation and resale to increase owner-occupancy in target neighborhood areas. B. State Statutes require that the Plan Commission review any proposed acquisition of land to determine if it is consistent with established City plans. Based on this analysis, staff believes the purchase of properties is consistent 3 with the Look West and Old Fourth Ward Neighborhood Revitalization Plans, as well as the City of Janesville Comprehensive Plan. C. Other advantages to acquiring these properties at this time include: low acquisition cost, the removal of a blighted property at 305 S. Pearl Street, th the renovation of 2 historically significant properties within the 4 Ward Neighborhood, and the opportunity to deed restrict these properties as owner occupied properties. D. The greatest potential disadvantage or risk to acquiring the properties at 203 Linn St. and 903 McKinley is the uncertainty regarding the rehabilitation estimate due to the City’s inability to inspect the interior of these properties before acquisition. Based upon the poor condition of the exterior, rehabilitation costs are estimated to be high at $90,000 for each property. As a worst case scenario, if staff finds that the costs to rehabilitate are cost prohibitive, we will bring the property back to the Plan Commission and City Council for possible demolition. Again, this would be a worst case scenario. E. Another potential disadvantage is staff’s capacity to manage two significant rehabilitation projects, on top of the rehabilitation projects we will complete under the Neighborhood Stabilization Program in 2009 and 2010. I envision a project timeline that includes the demolition of 305 S. Pearl St. this winter, exterior rehabilitation of 203 Linn St. and 903 McKinley St. occurring over the winter (i.e. some demo) and spring (masonry, roof, windows), and interior rehabilitation occurring after the completion of the NSP rehabilitation projects. F. The Plan Commission unanimously agreed to forward this item to the City Council with a favorable recommendation noting the Plan Commission has not reviewed the financial aspects of this transaction Attachments: Location Map Photographs of Properties GVS Information Sheets for Properties Map of TIF 31, delineating the ½ mile boundary Map of TIF 33, delineating the ½ mile boundary cc: Eric Levitt, City Manager Jay Winzenz, Assistant City Manager/ Director of Administrative Services Doug Venable, Economic Development Director Jean Wulf, City Clerk Treasurer 4 RESOLUTION NO. 2009-638 RESOLUTION AUTHORIZING THE ACQUISITION OF REAL PROPERTY LOCATED AT 305 S PEARL STREET, 203 LINN STREET, AND 903 MCKINLEY STREET WHEREAS , Wis. Stats. §§62.22 (1), 62.23 (17) (a), 62.23 (17) (b), 66.0101, 62.11(5) and Chapter 32 and other pertinent Wisconsin Statutes permit the City’s acquisition, development, ownership, protection, and conservation of parkland, open space, riverfront properties, and development properties; and WHEREAS, Rock County has foreclosed upon the properties located at 305 S. Pearl Street, 203 Linn Street, and 903 McKinley Street located in the City of Janesville, County of Rock, State of Wisconsin for delinquent property taxes as outlined in Wis. Stats. §75.521; and WHEREAS , the City of Janesville has a first right to acquire the properties before they are sold at public auction; and WHEREAS , the purchase price for such properties is equal to the amount of delinquent taxes, special assessments and charges, and interest plus closing costs as follows: 305 S. Pearl St. - $6,456.22 plus $400 est. closing cost ($2,287.39 returned to City) 203 Linn St. - $4,319 plus $400 est. closing cost ($765.08 returned to City) 903 McKinley St. - $7,821.95 plus $400 est. closing cost ($744.54 returned to City); and WHEREAS , the demolition cost for 305 S. Pearl St. is estimated at: $8,500, the rehabilitation cost for 203 Linn St. is estimated at $90,000, and the rehabilitation cost for 903 McKinley St. is estimated at $90,000; and WHEREAS , the City Council adopted the Look West & Old Fourth Ward Neighborhood Revitalization Plan on December 8, 2008, which identifies home and property maintenance and historic preservation among the critical issues for neighborhood improvement; and WHEREAS , the Janesville Plan Commission has reviewed this proposed acquisition on September 21, 2009 and found it to be consistent with long range City plans, but not commenting upon the financial aspects of the transaction; and WHEREAS , the TIF No. 31 project plan includes costs incurred for assistance with projects located within one-half mile of the delineated TIF boundary, and funds were included to acquire and remove blighted properties and/or to provide sites for architecturally sensitive infill redevelopment; and WHEREAS , the funding source for the acquisition and demolition of 305 S. Pearl Street is TIF 31 Increment; and WHEREAS , the TIF No. 33 project plan includes costs incurred for assistance with projects located within one-half mile of the delineated TIF boundary, and funds were included to acquire and remove blighted properties and/or to provide sites for architecturally sensitive infill redevelopment; and WHEREAS , the funding source for the acquisition and rehabilitation of 203 Linn Street and 903 McKinley Street is TIF 33 Increment: NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville that they hereby approve and authorize the City Manager and/or his designee(s) to acquire and close upon the City’s purchase of the Properties described above from the owners on behalf of the City in the manner and for the amounts set forth in the above recitals; and BE IT FURTHER RESOLVED , that the City Manager and/or his designee(s) on behalf of the City of Janesville is/are hereby authorized and empowered to negotiate, draft, modify, review, execute, and enter into additional agreements, record, file and/or make minor modifications and/or amendments to any and all documents, papers, forms, and agreements, and to take whatever other actions as the City Manager may determine, from time to time and at any time, necessary and/or desirable to effectuate the intent of this resolution and/or the public good. 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: Neighborhood Services Department Prepared by: Neighborhood Services Director çðí ÓÝÕ×ÒÔÛÇ ÍÌ MCKINLEY ST îðí Ô×ÒÒ ÍÌ W VANBUREN ST íðë Í ÐÛßÎÔ ÍÌ W HOLMES ST JOHNSON ST Ô»¹»²¼ SUBJECT PROPERTIES Ü¿¬»æ çñïéñðç Í½¿´»æ ïþã ïððù Ó¿° Ý±±®¼·²¿¬»æ ÕñÔóïì ÔÑÝßÌ×ÑÒ ÓßÐ Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ ßÝÏË×Í×Ì×ÑÒ ÑÚ íðë Í ÐÛßÎÔ ÍÌô ÓßÐ ï ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ çðí ÓÝÕ×ÒÔÛÇ ÍÌ ú îðí Ô×ÒÒ ÍÌ ÍæÐ®±¶»½¬ÄÐ´¿²²·²¹ÄÝ¿»ÄÝ¿»óîððçÄÕóÔóïìÁß½¯«··¬·±² 305 SOUTH PEARL ST 203 LINN STREET 903 MCKINLEY STREET MCKINLEYST WILSONAVE Legend TIF31-Half-MileBoundaryCityLimits Date:8/11/2008 AreaOutsideCityLimitsWhereTIF TIF31-Boundary Scale:1"=1,500' AssistanceCannotBeProvided MapCoordinate:J14 LOCATIONMAP CITYOFJANESVILLE CourtStreetTIF31 MAP5 PLANNINGSERVICES S:\Projects\Planning\Al MCKINLEYST WHOLMESST AreaWithin1/2MileofTIF33 Legend TIF33HalfMileBoundary Date:8/11/2008 Scale:1"=1,000' TIF33-Boundary MapCoordinate:Q13 LOCATIONMAP CITYOFJANESVILLE MineralPointAvenueTIF33 MAP5 PLANNINGSERVICES S:\Projects\Planning\Al\ CITY MANAGER’S OFFICE MEMORANDUM September 23, 2009 TO: City Council FROM:Thomas E. Malone, Management Analyst SUBJECT: Introduction and Schedule a Public Hearing on a Proposed Charter Ordinance Amending the Meeting Time of Regular Common Council Meetings from 7:00 P.M. to 6:30 P.M. on the Second and Fourth Monday’s of the Month (File Charter Ordinance 2009-008) Request The Janesville Gazette has requested that the City Council meetings be regularly scheduled to start at 6:30 pm rather than 7:00 pm. Recommendation No City Manager recommendation. Suggested Motion If the City Council wishes to consider a change in the time for Council meetings then the proposed Charter Ordinance should be introduced and scheduled for a public hearing on October 12, 2009. Background Every city has a charter that establishes the form and substance of the City’s structure and operation. To make changes to the charter, the Council must pass a charter ordinance. Janesville’s charter details when the common council meets. Charter ordinances are more involved than typical “general ordinances”. ? Amending a Charter Ordinance requires a two-thirds vote, or 5 affirmative votes, of the Common Council, instead of a simple majority (4 votes). ? A Charter Ordinance does not take effect until 60 days after its passage and publication. If citizens oppose the Charter Ordinance, they may use this 60 day time period to gather the appropriate signatures to require a referendum on the Charter Ordinance. Analysis Below is a list of potential pros and cons to changing the start time of City Council Meetings to 6:30 pm. Pros ? Starting meetings at 6:30 would potentially provide the media with extended time to meet deadlines and include a more complete description of council meetings. ? There is the potential that meetings would not be in session as late into the evening because of the earlier start time. This would be an advantage to residents who are in attendance for later agenda items. Cons ? Starting meetings at an earlier time has the potential of being an inconvenient for citizens who are unable to make a 6:30 pm meeting due to work or personal reasons. ? The City Council currently holds a listening session from 6:00 until 7:00 prior to the first Council meeting of the month. If this request is approved that listening session will either need to be shortened by ½ hour, or the start time will need to be moved to 5:30. ? Under the current start time additional meetings are sometimes scheduled prior to the Council meetings, this could impact the ability to schedule those other meetings. CC: Eric Levitt, City Manager Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services CHARTER ORDINANCE NO. 2009 – 008 CITY OF JANESVILLE Amendment To Certain Current Charter Ordinance Section 2.04.030 of the City of Janesville An ordinance amending the meeting time of regular common council meetings. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Charter Ordinance Section 2.04.030 of the Code of Ordinances of the City of Janesville is hereby amended to read as follows: “2.04.030 Time--Place . Regular meetings of the council shall be held in the council chambers at six thirty o’clock p.m. the city hall at seven o'clock p.m. Special meetings shall be held at the place and at the time designated in the notice thereof.” SECTION II. All other provisions and sections of the Charter Ordinance(s) of the City of Janesville not expressly and specifically amended in the manner set forth above are hereby reaffirmed and ratified, shall remain unchanged, and shall remain in full force and effect. Motion by: ADOPTED: Second by: Councilmember Aye Nay Pass Absent APPROVED: Brunner McDonald Perrotto Eric Levitt, City Manager Rashkin Steeber ATTEST: Truman Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: City Attorney Proposed by: Council President Truman Prepared by: Management Assistant Community Development Department Memorandum Date: September 15, 2009 TO: Janesville City Council FROM: Duane Cherek, Manager of Planning Services SUBJECT: Introduce, refer to Plan Commission and schedule a public hearing on a proposed ordinance rezoning property located at 1102 Pliny Avenue from R2 to M2 (File Ordinance No. 2009-439). _____________________________________________________________________ Frank Donahue has requested the rezoning of property located at 1102 Pliny Avenue from R2, Limited General Residence District, to M2, General Industrial District. The subject property includes a vacant lot that measures 66 feet in width by 165 feet in depth, located immediately south of the railroad corridor in the 1100 block of Pliny Avenue. The applicant is requesting the rezoning of the subject property to an industrial classification to allow for open storage use on the property. The Community Development Department recommends that following the first reading of Ordinance No. 2009-439 it be referred to the Plan Commission for review and recommendation and scheduled for public hearing on November 9, 2009. cc: Brad Cantrell ORDINANCE NO. 2009-439 An ordinance changing the zoning classification of 1102 Pliny Avenue from R2, Limited General Residence District, to M2, General Industrial District, with a penalty and injunctive relief for a violation thereof as set forth in Section 18.28.010 of the Code of General Ordinances of the City of Janesville. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. The zoning classification of the following described property is hereby changed from R2, Limited General Residence District, to M2, General Industrial District: Property located in part of the NW.1/4 of Section 6, T.3N., R.13E., City of Janesville, Rock County, Wisconsin, more fully described as follows: Lot 129 of Carrington’s Crown Addition, a plat recorded in the Rock County Register of Deeds Office, Rock County, Wisconsin. SECTION II. This ordinance shall take effect immediately upon adoption by the Common Council, the public health, welfare, peace, tranquility, good order, public benefit, and police power so requiring. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner McDonald Eric J. Levitt, City Manager Perrotto Rashkin ATTEST: Steeber Truman Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: City Attorney Proposed by: Applicant Prepared by: Community Development Department M1 M2 SUBJECT SITE R2 Zone District Boundaries Ô»¹»²¼ Îï Í·²¹´»óÚ¿³·´§ ú Ì©± Ú¿³·´§ Î»·¼»²½» Ü·¬®·½¬ Ñí Ò»·¹¸¾±®¸±±¼ Ñºº·½» Ü·¬®·½¬ Óï Ô·¹¸¬ ×²¼«¬®·¿´ Ü·¬®·½¬ ÎïÜ Ì©± Ú¿³·´§ Î»·¼»²½» Ü·¬®·½¬ Þï Ò»·¹¸¾±®¸±±¼ Ý±²ª»²·»²½» Ü·¬®·½¬Óî Ù»²»®¿´ ×²¼«¬®·¿´ Ü·¬®·½¬ Îî Ô·³·¬»¼ Ù»²»®¿´ Î»·¼»²½» Ü·¬®·½¬ Þî Ý±³³«²·¬§ Í¸±°°·²¹ Ü·¬®·½¬Óí Ý»²¬®¿´ Ô·¹¸¬ ×²¼«¬®·¿´ Ü·¬®·½¬ Îí Ù»²»®¿´ Î»·¼»²½» Ü·¬®·½¬ Þí Ù»²»®¿´ Ý±³³»®½·¿´ Ü·¬®·½¬Óì Ý»²¬®¿´ Ù»²»®¿´ ×²¼«¬®·¿´ Ü·¬®·½¬ Ü¿¬»æ çñçñðç ÎíÓ Ó»¼·«³ Ü»²·¬§ Î»·¼»²½» Ü·¬®·½¬ Þì Þ«·²» Ø·¹¸©¿§ Ü·¬®·½¬ß ß¹®·½«´³¬«®¿´ Ü·¬®·½¬ Í½¿´»æ ïþã îððù Îì Ý»²¬®¿´ Î»·¼»²½» Ü·¬®·½¬ Þë Ý»²¬®¿´ Þ««·²» Ü·¬®·½¬ Ó Ó·²·²¹ Ü·¬®·½¬ Ñï Ñºº·½» ñ Î»·¼»²½» Ü·¬®·½¬ Þê Ý»²¬®¿´ Í»®ª·½» Ü·¬®·½¬ Ý Ý±²»®ª¿²½§ Ü·¬®·½¬ Ó¿° Ý±±®¼·²¿¬»æ Òóïí Ñî Ý»²¬®¿´ Ñºº·½» ñ Î»·¼»½» Ü·¬®·½¬ ÞÌ Þ«·²» Ì»½¸²±´±¹§ Ü·¬®·½¬ ÔÑÝßÌ×ÑÒ ñ ÆÑÒ×ÒÙ ÓßÐ Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ ÎÛÆÑÒ×ÒÙ ÑÚ ÐÎÑÐÛÎÌÇ ßÌ ÓßÐ ï ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ ïïðî ÐÔ×ÒÇ ßÊÛÒËÛ ÍæÐ®±¶»½¬ÄÐ´¿²²·²¹ÄÝ¿»ÄÒóïíÁÎ»¦±²»óïïðî Ð´·²§ ßª»