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Full Agenda Packet REVISED 11/20/09 CITY OF JANESVILLE CITY COUNCIL MEETING AGENDA MONDAY, November 23, 2009 7:00 P.M. 1. Call to Order and Pledge of Allegiance. 2. Roll Call. 3. Minutes of regular City Council meeting of November 9, 2009. “C” 4. Licenses; and Recommendations of the Alcohol License Advisory Committee. (Sneakers Pub & Grill) (Refer to separate agenda.) “C” 5. Financial statement for the month of October, 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. Continued public hearing and action on the FY2010 proposed City and Library budgets. 4. Public hearing and action 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 Mondays of the month. (File Charter Ord. No. 2009-008) 5. Second reading, public hearing and action on a proposed ordinance increasing bus fares on the Janesville Transit System. (File Ord. No. 2009-443) ----------------------- “C” – This designation indicates an item that the City Council will take up under a Consent Agenda. City Council Agenda – November 23, 2009 Page 2 NEW BUSINESS 1. Action on a proposed resolution creating a green building policy for the construction and/or renovation of all city-owned facilities over $500,000. (File Res. No. 2009-657) 2. Action on a proposed resolution authorizing the City Manager to apply for the 2010 Wisconsin Office of Energy Independence grant for an Energy Independent Community 25 X 25 Plan. (File Res. No. 2009-658) 3. Action on a proposed resolution granting a non-exclusive utility easement along Ruger Avenue to Alliant Energy. (File Res. No. 2009-652) 4. Action on a proposed resolution authorizing the acquisition and demolition of 127 North Terrace Street. (File Res. No. 2009-655) 5. Action on a proposed resolution authorizing the submission of an amendment to the Community Block Grant Emergency Assistance Program contract between the State of Wisconsin Department of Commerce and the City of Janesville. (File Res. No. 2009-656) 6. Matters not on the Agenda. 7. 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 two different potential TIF Development Agreements for TIF #23; one potential agreement for TIF #22; and for potential acquisition of a mid-city site for redevelopment and/or other public purposes; since competitive and/or bargaining reasons require a closed session. PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING NOVEMBER 9, 2009 VOL. 60 NO. 24 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on November 9, 2009. The meeting was called to order by Council President Truman at 7:00 PM. Present: Council President Truman, Councilmembers Brunner, McDonald, Perrotto, Steeber, and Voskuil. Councilmember Rashkin arrived at 8:20 PM. CONSENT AGENDA Minutes of the special meeting of October 20, 2009. Minutes of the regular meeting of October 26, 2009. Licenses and Recommendations of the Alcohol License Advisory Committee. Waiver of special assessment procedures for sanitary sewer, water main, curb & gutter and paving charges for Willow Glade and Willow Glen–Jack Willow Investments, LLC & DK Partnership, LLP. Waiver of special assessment procedures for sanitary sewer for the east side of Wright Road (Parcel 0304100003)–Sara Investment Real Estate. Council President Truman removed items D. (The Noodle Shop Co. Outdoor Seating request), E. (Patti’s RD Saloon, Inc. transfer of premise request), and F. (Kwik Trip Class A alcohol license application) off the License Agenda and the Waiver of special assessment procedures for Willow Glade and Willow Glenn. He stated that all other items on the consent agenda would be approved if there were no objections. There were none. After discussion and based on information provided to the Council, Councilmember McDonald moved to allow outdoor seating at The Noodle Shop Company, seconded by Councilmember Steeber and passed unanimously. After discussion and based on information provided to the Council, Councilmember McDonald moved to approve Patti’s Rd Saloon, Inc.’s transfer of Class B License from 3502 Milton Ave. to 2419 Morse St., Suite 110, seconded by Councilmember Steeber and passed unanimously. After discussion and based on information provided to the Council, Councilmember McDonald moved to postpone an original Class A Fermented Malt Beverage License for Kwik Trip to December 14, 2009, seconded by Councilmember Steeber and passed unanimously. Councilmember Steeber moved to approve the waiver for Willow Glade and Willow Glenn, seconded by Councilmember Voskuil and passed by the following vote: Aye: Brunner, Perrotto, Steeber, Truman, and Voskuil. Nay: McDonald. Councilmember Perrotto requested all developers secure their own line of credit to guarantee their debt in the future. Special recognition: Action on a proposed resolution in commendation of James Douglas Venable’s 21 years of service to the City of Janesville. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Voskuil and passed unanimously. (File Res. No. 2009-639) OLD BUSINESS 1. Requests and comments from the public regarding items on the agenda not requiring a public hearing. Tom Edwards, 1220 Vista Ave., and Carl Christianson, 1113 Ruger Ave., requested Council expand the pet exercise training area to include the tennis court area in Palmer Park and suspend leash laws (New Business #1). Alfred Lembrich, 541 Miller Ave., opposed the proposed ice arena facility. Terri Huber, representing Janesville Farmers’ Market, thanked Council and City staff for their support. 2. Requests and comments from the public on matters which can be affected by Council action. Andreah Briarmoon, 339 S. Locust St., submitted a petition to save the Case Feed building and claimed misappropriation of CDBG funds. For the record, Councilmember Perrotto stated that Ms. Briarmoon’s claims of misappropriation of funds were outrageous and unsubstantiated. Peter Apted, 324 S. Academy St., requested the Case Feed building be saved and would like a meeting with the City Manager to address this issue. 3. Discussion, preliminary Council adjustment and other action, public hearing and continuing public hearing on the FY2010 proposed City and Library budgets. Burdette Erickson, 115 S. High St., stated that public safety should be the Council’s number one priority. Andreah Briarmoon, 339 S. Locust St., suggested the Council build a community center. Alfred Lembrich, 541 Miller Ave., requested Council cut back spending in these difficult economic times. The public hearing was closed. The public hearing was continued to November 23, 2009. By consensus, the Council added funding to accelerate the hiring of two police officers from July 1, 2010 to January 1, 2010 ($54,000), and to retain existing compost site hours, with the exception of closing at 3:00PM on Thursdays ($10,360). Councilmember Yuri Rashkin arrived at 8:20 PM. 4. A proposed ordinance amending the City’s Wastewater Facility and Sewer Use Ordinance in order to adjust rates as set forth in Chapter 13.18 of the Code of Ordinances of the City of Janesville received its second reading and public hearing. No one spoke. The public hearing was closed. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Brunner and passed unanimously. (File Ord. No. 2009-442) 5. A proposed ordinance amending the regulations on the placement of leaves and grass on public streets received its second reading and public hearing. Andreah Briarmoon, 339 S. Locust St., requested leaves be picked up in the Fourth Ward last. The public hearing was closed. Councilmember McDonald moved to adopt said resolution, seconded by Councilmember Voskuil and passed unanimously. (File Ord. No. 2009-441) 6. A proposed ordinance authorizing the Parks Director to designate pet exercise training areas received its second reading and public hearing. No one spoke. The public hearing was closed. Councilmember Steeber moved to adopt said resolution, including a friendly amendment from Councilmember McDonald to require Council’s approval on all designations, seconded by Councilmember Brunner and passed by the following vote: Aye: Brunner, McDonald, Rashkin, Steeber, Truman, and Voskuil. Nay: Perrotto. (File Ord. No. 2009- 440) NEW BUSINESS 1. Discussion and action on a request to expand the Palmer Park pet exercise area. The Council referred this matter to the Parks Director for a recommendation and to bring it back to the Council for their approval. 2. Action on a proposed advertising policy at the Youth Sports Complex. No action taken on the proposed advertising policy. Council President Truman moved to return the policy to City Administration and requested they contact the original donors for input on revising the proposed policy and to resubmit it to the Council at a future date. The motion was seconded by Councilmember Perrotto and passed by the following vote: Aye: Brunner, Rashkin, Perrotto, Steeber, and Truman. Nay: McDonald and Voskuil. 3. Action on a proposed resolution Awarding $15,405,000 General Obligation Promissory Notes, Series 2009-A, and $9,065,000 General Obligation Refunding Promissory Notes, Series 2009-B, and Establishing Interest Rates Thereon and Levying Taxes Therefore. Councilmember Perrotto moved to adopt said resolution, seconded by Councilmember Steeber and passed by the following vote: Aye: Brunner, Perrotto, Rashkin, Steeber, Truman, and Voskuil. Nay: McDonald. (File Res. No. 2009-643) 4. Authorization for the City Manager to enter into governmental agreements with the State of Wisconsin Department of Natural Resources (WDNR) indemnifying the City of Janesville for accepting deer carcasses for disposal at the Janesville Municipal Landfill. Tim Lizotte, DNR representative, responded to Council questions. Councilmember Steeber moved to authorize the City Manager to enter into said agreement, seconded by Councilmember Voskuil and failed by the following vote: Aye: Steeber. Nay: Brunner, McDonald, Perrotto, Rashkin, Truman, and Voskuil. Councilmember McDonald moved to refer this matter to the Sustainable Janesville Committee for a recommendation, seconded by Council President Truman, and passed by the following vote: Aye: Brunner, McDonald, Rashkin, Steeber, Truman, and Voskuil. Nay: Perrotto. 5. Award of Contracts C2009-27 (sewer, water and street construction) and C2009-28 (sanitary sewer lining and point repairs) for Public Works bid Schedule “K” - 2009. Councilmember Voskuil moved to award said contracts to the lowest bidders: Contract C2009-27 to Merryman Excavation, Inc. in the amount of $412,985.50 and Contract C2009-28 to Michels Corporation in the amount of $775,242.00. The motion was seconded by Councilmember Steeber and passed by the following vote: Aye: Brunner, Perrotto, Rashkin, Steeber, Truman, and Voskuil. Nay: McDonald. 6. Action on a proposed resolution authorizing the City Manager to make an application to the County for an exemption from the Library tax levy. Councilmember Voskuil moved to adopt said resolution, seconded by Councilmember McDonald and passed unanimously. (File Res. No. 2009-653) 7. A proposed ordinance creating Chapter 18.80 Airport Overlay Zoning District to the City of Janesville Zoning Ordinance was introduced and scheduled for a public hearing on December 14, 2009. (File Ord. No. 2009- 444) 8. A proposed ordinance attaching property located at 3123 South US Highway 51 was introduced and scheduled for a public hearing on December 14, 2009. (File Ord. No. 2009-445) 9. A proposed ordinance attaching and zoning to B4 property located at 3123 South US Highway 51 was introduced, referred to Plan Commission, and scheduled for a public hearing on December 14, 2009. (File Ord. No. 2009-446) 10. A proposed ordinance increasing bus fares on the Janesville Transit System was introduced and scheduled for a public hearing on November 23, 2009. (File Ord. No. 2009-443) 11. Matters not on the agenda. Councilmember Rashkin stated there is community interest in having a downtown holiday display with lights. Councilmember Steeber recognized Veteran’s Day on November 11, 2009 and thanked veterans for their service to our country. Council President Truman stated the Case Feed building’s fencing is inadequate and presents a safety issue and the City should order the owner to correct. 12. Councilmember Steeber moved to convene into closed session pursuant to Wisconsin Statute Section 19.85(1)(e) whenever competitive or bargaining reasons require a closed session for the purpose of deliberating and setting the negotiation and bargaining strategies, terms, and conditions for a potential development agreement in TIF 22 since competitive and/or bargaining reasons require a closed session, seconded by Councilmember McDonald and passed unanimously. There being no further business, Council convened into closed session at 11:15 PM. These minutes are not official until approved by the City Council. Jean Ann Wulf Clerk-Treasurer JANESVILLE CITY COUNCIL LICENSE AGENDA 11/23/2009 RECOMMENDED A. ELECTRICIANS – ORIGINAL Timothy R. Adams 3129 W. Rockport Park Dr. Philip T. Francis III 7827 W. State Rd. 11 Brad A. Wildes 1128 Crestline Dr., Milton, WI B. AMUSEMENT DEVICE – ORIGINAL ROAD DAWG SALOON & EATERY Patti J. Vance 2419 Morse St., Suite 110 SHELL EXPRESS MART Balwant Singh 1747 Center Ave. Community Development Department Memorandum Date: November 11, 2009 TO: Janesville City Council FROM: Vicky Miller, Development Specialist SUBJECT: Liquor License Request for Sneakers Sports Bar and Grill I. REQUEST Kim Brown and Connie DeWitt are requesting approval of a liquor license in order to establish “Sneaker’s Sports Bar & Grill” in a tenant space located at 1221 Woodman Road. II. CITY MANAGER RECOMENDATION This item is being brought back to the City Council due to a co-sponsoring request from Council Vice-President Voskuil and Councilman Rashkin. The Council policy allows via two provisions the ability for two Council members to request an item be brought back if the motion is voted down. III. ANALYSIS Matt and Connie DeWitt and Kim Brown are requesting to open Sneakers Sportsbar and Grill in a space at 1221 Woodman Road. They researched many locations both inside and outside of the City of Janesville and have worked out a lease arrangement with Sara Investments, owner of the property, to locate in the vacant space next to Rogan’s Shoes. The request requires approval by three COJ committees: the Plan Commission, the Alcohol Licensing and Advisory Committee (ALAC) and the City Council. There has been considerable neighborhood input throughout the process. Initially, a neighborhood meeting was held on Thursday, July 9th to introduce the concept, to give neighbors a sense of what the process would be and a chance to express any concerns. Subsequently, all three committees have reviewed the request and neighbors have spoken at all public hearings and public meetings. Plan Commission Public Hearing: The property is zoned B-2 and the proposal required conditional use approval for three separate elements: the tavern use, an outdoor patio and an outdoor recreational use (two volleyball courts). If this proposal had been for a restaurant (with alcohol sales being less than 35%) rather than a tavern, a conditional use permit would not have been required for the establishment of the business or the outdoor patio. The outdoor volleyball, however, would still require conditional approval in either case. th On September 8, the proposal was reviewed by the Plan Commission. Since the site is located near residential properties, every aspect of the request was given consideration. The outdoor seating and volleyball court area would be separated by a split rail fence in order that volleyball play would end by 9:00 PM. There would also be no lighting permitted in the court area and no audio permitted outside of the building. The entire outdoor space would be screened from view by a six foot tall wooden privacy fence. In addition, trees are shown on the approved site plan to provide screening from the nearest residences along Mayfair Drive. On September 8 the Plan Commission reviewed the Community Development Department’s staff report and held a public hearing. At the hearing, individuals spoke in opposition and in favor of this request. Exhibit A (attached) is the staff report including the public hearing testimony. Following the public hearing and Plan Commission discussion, the Plan Commission unanimously approved the request with the following conditions: 1. No lighting will be allowed on the volleyball courts at this time. The petitioner may return to the Plan Commission at a future date to request an amendment to the conditional use for the addition of lighting. 2. The volleyball courts must close no later than 9:00 PM. 3. No outdoor audio is allowed at this time. The petitioner may return to the Plan Commission at a future date to request an amendment to the conditional use for the addition to the conditional use for the addition of outdoor audio. 4. With regard to the outdoor patio, food and alcohol service must end at midnight but the patio may be used for patrons for smoking purposes thereafter. 5. The uses, values and enjoyment of other property in the neighborhood for purposes already permitted shall not be substantially impaired or diminished by the establishment, maintenance or operation of the conditional use. 6. Any future amendments to this conditional use permit will require a public hearing and notification of property owners within 400 feet. ALAC Public Hearing: The Alcohol Licensing and Advisory Committee (ALAC) reviewed the alcohol licensing on Tuesday, October 6 and forwarded a positive recommendation to the City Council. Exhibit B (attached) is the ALAC application including notes of the ALAC meeting. City Council Public Hearing: th The City Council reviewed the alcohol licensing on October 12 and voted 3-3-0 which resulted in denial of the request. Exhibit C (attached) is the notes of the City Council meeting. IV. ACTION SINCE THE PUBLIC HEARING ON OCTOBER 12 th Sara Investments held another neighborhood meeting on October 27 at the City Municipal Building. The meeting began with identifying all concerns, followed by responses by Sara Investments representatives and Kim Brown. Approximately 25 people were in attendance including Council members George Brunner and Tom McDonald and two Community Development staff members. The list of concerns included traffic, noise, property values, trash and disruptive behavior, all of which had been vocalized at the various public hearings. Sara Investments responded to the traffic issue by agreeing to place “turn left only” signs at the parking lot exit points to direct traffic to Milton Avenue and away from residences. A request would also be made to the city to place a stop sign at the corner of Mayfair Drive and Woodman Road which would deter and slow traffic down. To address the noise issue, Sara Investments proposed to plant more trees than were originally designed along the west lot line (Mayfair Drive) to improve the buffer to residences. In response to the question of how property values would be affected, comments were made that the property is better cared for since Sara Investments purchased it and there have been major improvements to the building which may have potentially increased property values in the area. Kim Brown reassured residents that she and the DeWitts intend to operate a respectable and well-mannered business. She offered to hold neighborhood meetings every month to build confidence and encourage feedback. She expressed willingness to send the tavern’s security staff to a training program offered by the Janesville Police Department. She also spoke of a free shuttle service which would be available to patrons who could not drive themselves home. She emphasized that trash in the business area would be routinely picked up to keep the neighborhood clean. In addition to opponents of the bar, some neighbors spoke in support. It appeared that some of the opponents were more opposed to the outdoor activity than to the bar use. V. SUMMARY Conditional Use approval with conditions was granted by the Plan Commission on September 8th. The ALAC approved the liquor license with a positive recommendation and forwarded it to the City Council on October 6th. The City Council reviewed the liquor license on October 12th and the request was denied since the motion did not pass with a 3-3-0 vote. Council President Truman has requested that this item be reintroduced and placed on the Agenda for the rd November 23 City Council meeting, at which time the Council must approve or deny the liquor license request. CC. Eric Levitt Jay Winzenz Brad Cantrell Gale Price ACCOUNTING DIVISION MEMORANDUM November 16, 2009 TO: City Council FROM: Patty Lynch, Comptroller SUBJECT: Financial Statement for the Month of October 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 October ExpendituresCompared to Three-Year Average Current YTD3 Yr. Avg. 90% 80% Percent of Total Budget 70% 60% 50% 40% 30% 20% 10% 0% General FundWater -Wastewater - OperatingOperatingSanitation October 2009 Financial Statement November 16, 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 October RevenuesCompared to Three-Year Average Current YTD3 Yr. Avg. 140% 120% Percent of Total Budget 100% 80% 60% 40% 20% 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 $628,772 at October 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 $838,831 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 October 31, 2009, the TIF districts have a combined deficit fund balance of $1,923,007. However, TIF projections indicate the districts will reach a positive fund balance before they expire. ? Landfill long-term care of site #3023 ($185,594) will be reimbursed by an insurance policy we have in place for post closure care. October 2009 Financial Statement November 16, 2009 Page 3 Capital Projects Fund (page 6) ? The Riverfront Property Acquisition account has a deficit balance of $214,919 primarily due to the purchase of the Westphal and Energetics properties. Funding will be provided by a Janesville Foundation Riverfront Reclamation Grant. ? 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. ? Many capital projects have negative balances as of October 31, 2009 that will be funded with the 2009 General Obligation note issue. Proceeds from the note sale are anticipated in November 2009. A representative of the Administrative Services Department will be available at the Council Meeting on November 23 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 ADMINISTRATIVE SERVICES MEMORANDUM November 18, 2009 TO: City Council FROM: Jacob J. Winzenz, Dir. of Administrative Services/Assistant City Manager SUBJECT: Continuation of Public Hearing and Action on 2010 Proposed City and Library Budgets Following citizen comments, the Council President may close the public hearing. The City Administration is recommending the City Council act on the proposed 2010 budgets at this meeting. I. 2010 Proposed General Fund Budget The City General Fund budget incorporating the $2,598 of levy reductions made by the City Council during budget study sessions and council meetings is: $ Amount $Change % Change Operating Expenditures $36,049,356 -$300,459 -0.83% Debt Service 5,368,643 75,774 12.08% Total Expenditures 41,417,999 -224,685 -0.54% Less: Non-Property Tax Revenue 15,654,250 -306,859 -1.92% Less: Applied Fund Balance 850,000 -381,000 -30.95% Tax Levy without TIF $24,913,749 463,174 1.89% Tax Levy with TIF $25,611,225 $302,887 1.20% Tax Rate with TIF $7.3156 $0.0441 0.61% If the City Council accepts the proposed amended budget, the typical Janesville home assessed at $113,800 will pay $832 for services, or an increase of $4.80, or 0.58%. Based upon a projected all jurisdiction tax rates, the typical Janesville home assessed at $113,800 would pay $2,857, or an increase of $23 (without Lottery Credit). The proposed budget for 2010 is $1,681,752 under the Expenditure Restraint Program limits and $848,400 under state levy limits. Public Hearing on 2010 Proposed Budgets November 18, 2009 Page 2 Therefore, the Administrative Services Department recommends the City Council adopt the following motions: (1) “Move to approve the 2010 Proposed City Budget as revised by the City Council thru November 9, 2009, with a General Fund Budget in the amount of $41,417,999 and a tax levy (without TIF) in the amount of $24,913,749, and direct the Comptroller to include these amounts in the 2010 appropriation and levy resolutions.” (2) “Move to approve the 2010 Proposed State and Federal Grants Budget.” (3) “Move to approve the 2010 Capital Budget for JATV in the amount of $68,000.” ADDITIONAL INFORMATION MATERIALS The following supporting documents are attached: ? City Council Budget Adjustments (Attachment #1) ? Assessment Value of Taxable Property (Attachment #2) ? Ten-Month 2009 Revenue Summary (Attachment #3) ? Estimated Distribution of Total Tax Rate Comparison (Attachment #4) ? Estimated Comparison of Gross Taxes Paid (Attachment #5) ? Municipal Levy (City & Library) Assessed Tax Rate Analysis (Attachment #6) ? Ten-Month 2009 Expenditure Summary (Attachment #7) We are awaiting the State’s notification of the Lottery, First Credit, and State School Tax Credits that are due the week of November 23rd. Upon receipt, we will forward the City Council the Updated Proposed Expenditures/Tax Levies/Tax Rate - All Jurisdictions. Public Hearing on 2010 Proposed Budgets November 18, 2009 Page 3 II. Action on the 2010 Proposed Library Budget The Library budget follows: $ Amount $ Change % Change Basic Operations $3,839,045 -$2,655 -0.07% Debt Service 233,152 57,000 32.36% Subtotal $4,072,197 $54,345 1.35% Less: Non-Property Tax Revenue 880,385 18,545 2.15% Less: Applied Fund Balance 50,000 -50,000 -50.00% Tax Levy without TIF $3,141,812 85,800 2.81% Tax Levy with TIF $3,229,768 $66,547 2.10% Tax Rate with TIF $0.9225 $0.0137 1.50% If the Council accepts the proposed budget, the typical Janesville home assessed at $113,800 will pay $105 for Library service, or an increase of $1.53, or 1.5%. Therefore, the Administrative Service Department recommends the Council adopt the following motion: (1) Move to approve a 2010 tax levy (without TIF) in the amount of $3,141,812 for Library purposes, and direct the Comptroller to include this amount in the 2010 levy resolution. III. Special Meeting The formal adoption of the appropriation/tax levy ordinance will occur at a special meeting to be scheduled by the Council President when we have the final school, lottery, and first credits. Staff suggests that this meeting be scheduled for Wednesday, November 25 at 7:00 A.M. or Monday, November 30 at 7:00 A.M. If the Council would like any additional information, please let me know. Attachments CITY MANAGER’S OFFICE MEMORANDUM November 16, 2009 TO: City Council FROM:Thomas E. Malone, Management Analyst SUBJECT: Public Hearing and Action 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 requested that the Council President consider placing an agenda item to discuss City Council meetings be regularly scheduled to start at 6:30 pm rather than 7:00 pm. City Manager Recommendation: This item is being brought back to the City Council due to a co-sponsoring request from Councilman McDonald and Councilman Rashkin. The Council policy allows via two provisions the ability for two Council members to request an item be brought back if the motion is voted down. I recommend that the City Council focus on whether it is preferred to maintain a starting time at 7:00 or whether it would be more citizen and City Council member friendly to begin 30 minutes to an hour earlier with the motivation to end approximately an hour earlier. Suggested Motion If the City Council wishes to consider a change in the time for Council meetings then, following the public hearing, the proposed Charter Ordinance should be approved. 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. The Charter Ordinance amending the meeting time from 7:00 pm to 6:30 pm appeared on the October 12, 2009 City Council agenda. During the Council’s discussion an amendment was made to the Charter Ordinance to change the start time to 6:00 pm. The amendment failed on a 2-4 vote, and the Charter Ordinance failed to pass on a 3-3 vote. Attached is a peer survey that was conducted of the start time for City Council meetings in other communities. 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 Ð»»® Ý±³³«²·¬§ Ý±«²½·´ Ó»»¬·²¹ Í¬¿®¬ Ì·³» Ý±³³«²·¬§Í¬¿®¬ Ì·³»Ü¿§ Ô¿ Ý®±»éæíðî²¼ Ì¸«®¼¿§ Þ»´±·¬éæððï¬ ú í®¼ Ó±²¼¿§ É¿«©¿¬±¿éæíðï¬ ú í®¼ Ì«»¼¿§ Î¿½·²»éæððï¬ ¿ú í®¼ Ì«»¼¿§ éæìë Þ®±±µº·»´¼ï¬ ú í®¼ Ì«»¼¿§ ß°°´»¬±²èæððÛ¿½¸ Ó±²¼¿§ É»¬ß´´·éæððï¬ ú í®¼ Ì«»¼¿§ Õ»²±¸¿éæððï¬ ú í®¼ Ó±²¼¿§ Ö¿²»ª·´´»éæððî²¼ ú ì¬¸ Ó±²¼¿§ Ú±²¼ ¼« Ô¿½éæððî²¼ ú ì¬¸ É»¼²»¼¿§ É¿«¿«éæððî²¼ ú ì¬¸ Ì«»¼¿§ É¿«µ»¸¿éæíðï¬ ú í®¼ Ì«»¼¿§ Û¿« Ý´¿·®»ìæððî²¼ ú ì¬¸ Ì«»¼¿§ Ñ¸µ±¸êæððî²¼ ú ì¬¸ Ì«»¼¿§ Ù®»»² Þ¿§éæððî²¼ ú ì¬¸ Ì«»¼¿§ Ó¿¼·±²êæíðï¬ ú í®¼ Ì«»¼¿§ øï÷ ï¬ ïë ³·² · º±® °«¾´·½ ½±³³»²¬ 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 JANESVILLE TRANSIT SYSTEM MEMORANDUM November 12, 2009 TO: City Council FROM: Transit Director SUBJECT: Second Reading, Public Hearing, and Action on a proposed Ordinance Increasing Bus Fares on the Janesville Transit System (File Ordinance 2009-443). Executive Summary: As part of the 2010 budget for the Transit System, the Administration proposes to enact a general fare increase on all transit system routes and services for the coming year. This fare increase is estimated to raise $25,619 in additional revenue, reducing the need for assistance from the City’s General Fund for Transit operations, and the tax levy, by a like amount. The proposed fare increase would go into effect on January 1, 2010, and would raise the basic cash fare on JTS routes inside the City from the present $1.25 to $1.50. Federally-required half-fares for persons with disabilities and those over 65 years of age would increase from $.60 to $.75 per ride, as would the fares for the special token programs sponsored by the City for youth and agencies serving disadvantaged citizens. Fares for the various passes and token packs offered by the Transit System, as well as those charged for the Paratransit service required by the Americans with Disabilities Act and the “Beloit-Janesville Express” would all rise proportionally. Chapter 10.76 of the Code of General Ordinances establishes bus fares, thus requiring Council action for changes. Ordinance 2009-443 has been prepared for Council consideration to enact this necessary fare increase, effective on January 1, 2010. The public hearing for the Ordinance will also fulfill the requirements of Section 5307 of the Federal Transit Act, which requires a public hearing on all fare increases. Recommendation: The Transit System recommends that after the required public hearing and discussion, the Council adopt Ordinance 2009 – 443, increasing the fares on the Janesville Transit System, to be effective as of January 1, 2010. City Manager Recommendation: The proposed rate increase was a part of the budget. This increase was proposed in lieu of reducing routes or other transit services. Suggested Motion: I move the adoption of Ordinance 2009-443, an ordinance revising the regular bus fare rates for the Janesville Transit System, with a penalty as set forth in JGO 10.76.030. 1 Background: The City Council originally included a transit fare increase, effective on July 1, 2009, as part of the 2009 Transit System budget. On March 9, 2009, the Council directed the Administration to delay the proposed fare increase scheduled for July 1, 2009 indefinitely; with any increase to be reconsidered as part of the review of the proposed 2010 Transit System budget. In addition, on May, 11, 2009, the Council passed Ordinance 2009-433, which established a reduced-fare token program for private non- profit agencies, effective on June 1, 2009. Since its inception, three private non-profit agencies, the House of Mercy, ECHO, and the Salvation Army have joined that program, with a total of 1,500 reduced fare tokens purchased and in circulation. Analysis: As directed by the Council, the Administration reviewed the proposed 2009 fare increase as part of its preparation of the proposed 2010 Transit System budget. Based on that review, if the current fare rates are maintained, the projected share of Transit System expenses covered by fares in 2010 is estimated to be 11.8%. This would represent a decrease of 2% compared to the original 13.8% of expenses covered by fares estimated for the 2009 budget, and 1% lower than the 12.75% average rate of return from fares as a proportion of expenses over the past 5 years. In order to ensure that the rate of return from passenger fares maintains the 5 year average, the fare increase is necessary. This fare increase is estimated to raise $25,619 in additional revenue, covering about 12.7% of 2010 expenses and reducing the need for assistance from the City’s General Fund for Transit operations, and the tax levy, by a like amount. For the Council’s information, an increase in the base fare to $1.50 would put Janesville in the middle of the range of bus fares charged by our peer group with 4 other cities; Eau Claire, Green Bay, Manitowoc and Racine. Fares in the peer group range from a low of $1.00 in Oshkosh to a high of $2.00 in Waukesha. In accordance with established practice, the Transit System will allow a one month “grace period”, between January 2 and January 31, 2010 for those citizens who may have purchased tokens and passes at the 2009 rates to use up those fares without having to pay an additional charge. Experience has shown that this allows sufficient time for the transition to the new fares to happen without undue hardship on either the citizens or the Transit System. As of February 1, 2010, only passes and tokens purchased in 2010 will be accepted. The Transit Director will be present at the Council meeting to answer any questions on this proposal that the Council may have. cc: Eric Levitt, City Manager Jay Winzenz, Director of Administrative Services Jennifer Petruzzello, Director of Neighborhood Services 2 ORDINANCE NO. 2009-443 An ordinance revising the regular bus fare rates for the Janesville Transit System, with a penalty as set forth in JGO 10.76.030. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Section 10.76.020 of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: 10.76.020 Bus fares—Regular fare rates. “ The regular fare rates that shall be charged by the Janesville transit system are as follows: A. $0.75 per ride or 10 rides for $7.50 when the 10 rides are purchased as a package of 10 prepaid tokens for senior citizens, defined as persons who are 65 years of age or older, Federal Medicare Card holders, and persons with disabilities when such individuals follow the procedures required by the Transit Director. When such procedures have not been followed, the charge shall be $1.50 per ride per passenger. B. No charge for a child under five years old when accompanied by a fare-paying passenger to a maximum of 2 children per fare-paying passenger. Organized groups of children under 5 years old must pay the regular fare. C. $1.50 per ride, or 10 rides for $12.00when the rides are purchased as a package of 10 pre-paid tokens for all other passengers. D. No charge for any transfer from one Transit System bus to another. E. $0.40 per passenger for travel in any fare zone beyond the basic service area. The basic service area is considered to be that area within the corporate limits of the city. F. $3.50 for a pass allowing an unlimited number of rides on any bus route between the hours of 8:45 a.m. and 6:15 p.m. on any service day within the basic service area. Except that persons who qualify for reduced fares as outlined in subsection A of this section, are entitled to purchase the pass for one half the regular price. (Ord. 84-405 §1, 1984: Ord. 83-344 §1m 1983; Ord. 81-272 §1, 1981: Ord. 80-218 §1 (part), 1981). G. $45.00 per month for a pass allowing unlimited bus rides on and between the dates shown on the pass on any Transit System route within the basic service area. H. $3.00 per ride or 10 rides for $27.00 when the 10 rides are purchased as a pass for travel on the Beloit-Janesville Express route to the terminal of the Beloit Transit System in Beloit, Wisconsin, but not including transfer privileges to Beloit Transit System city routes; except that persons who qualify for reduced fares as outlined in subsection A of this section are entitled to ride for one half of the regular price. ORDINANCE 2009-443 Page 2 I. $1.90 per ride or 10 rides for $17.00 when the 10 rides are purchased as a pass for travel on the Beloit-Janesville Express route to Blackhawk Technical College. J. $3.00 per ride for Paratransit service for those disabled individuals qualifying for this service under the provisions of the Americans With Disabilities Act (ADA) and the procedures required by the Transit Director. This fare shall also apply to any person traveling as a companion, as defined by the ADA, with the disabled passenger. Personal Care Attendants as defined by the ADA, and certified as required to accompany the disabled person in question, will not be charged a fare as required by the ADA. K. $0.75 per ride for youth beginning with age 11, through and including age 15, using a special token issued by the City and distributed through participating community organizations. Youth of this age group not using tokens specified by this section shall pay the regular fare shown in Paragraph C of this section.” L. $.75 per ride based on a bulk purchase charge of $75.00 for 100 tokens, when tokens are purchased by a private non-profit agency for distribution to its clients; and the agency follows certain certification procedures established by the Transit Director as a condition of eligibility to purchase said tokens at a discount. When these procedures are not followed, the charge for token purchases shall be as outlined in Sub C, above. SECTION II. The above fare rates shall take effect on January 1, 2010, and shall remain in effect until modified as provided in Section 10.76.010. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent 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: David J. Mumma, Transit Director Prepared by: David J. Mumma, Transit Director \\petey\COJHome\Agenda Review\Approved Agenda Items\2009\11-23-2009\Bus Fare Increase - Ord. 2009-443.doc Community Development Department Memorandum November 23, 2009 TO: Janesville City Council FROM: Al Hulick, Management Analyst SUBJECT: Action on a proposed resolution creating a Green Building Policy for the construction and/or renovation of all City-owned facilities over $500,000 (File Resolution No. 2009-657) Staff or Department Recommendation The Sustainable Janesville Committee recommends that the City Council make a motion to support File Resolution 2009-657 which creates a Green Building Policy for the construction and/or renovation of all City-owned facilities with a total project cost over $500,000. City Manager recommendation The City Manager’s office recommends adoption of the resolution. Suggested Motion A motion to approve File Resolution 2009-657 creating a Green Building Policy for the construction and/or renovation of all City-owned facilities with a total project cost over $500,000. Request The Sustainable Janesville Committee has worked with City staff to develop a “Green Building” Policy. Upon adoption, this policy would apply to all newly constructed or renovated City-owned facilities with a total project cost over $500,000. The purpose of this policy is to outline certain sustainable initiatives that should be considered and implemented in all future applicable city-owned building projects. Background As sustainable initiatives become more common throughout the Country, communities are taking a variety of approaches to implement sustainable practices that reduce costs, benefit the community and workforce, and decrease their impact on the natural environment. Many communities recognize that before they can mandate change in the private sector, they must acknowledge and change their own internal practices. As part of a larger effort, the Sustainable Janesville Committee has utilized their own expertise and experience to look at several areas in which the City of Janesville can change its own internal practices to create a more sustainable organization and be a more effective agent for community change. As part of this larger effort the Sustainable Janesville Committee has developed the proposed Green Building Policy. The proposed Green Building Policy outlines certain sustainable initiatives that should be considered and implemented for all new construction and building renovation projects that have a total project cost over $500,000. Through the expertise of the Sustainable Janesville Committee and City Staff, the policy focuses on certain energy efficiency, water conservation, and LEED techniques that will ensure all future, applicable City-owned building projects will be more efficient and sustainable. Careful consideration was given to the potential cost implications of implementing this policy, while recognizing the importance of changing past practices to become more efficient and sustainable. By working together with the Sustainable Janesville Committee to balance both of these concepts, the City Administration supports the Green Building Policy as proposed. At their November 3, 2009 meeting, the Sustainable Janesville Committee unanimously recommended that the City Council approve the proposed Green Building Resolution as File Ordinance 2009-657. Analysis As noted, the Green Building Policy is part of a larger effort from the Sustainable Janesville Committee to implement more sustainable initiatives and create more community awareness of sustainable concepts and practices. As part of this effort, the Committee began its focus on the City’s own construction policies. Construction practices are significant contributors to the depletion of natural resources and a major cause of air and water pollution, solid waste, deforestation, toxic wastes, health hazards, global warming, and other negative consequences. Buildings use an estimated one-fourth of the world's wood harvest, and consume an estimated two-fifths of all materials and energy flows. Indoor environments are highly complex and building occupants may be exposed to gas and particle contaminants from office machines, cleaning products, construction activities, carpets and furnishings, perfumes, cigarette smoke, water-damaged building materials, microbial growth (fungal / mold and bacterial), insects, and outdoor pollutants. Other factors such as indoor temperatures, relative humidity, and ventilation levels can affect how individuals respond to the indoor environment and their productivity in their performance of their jobs. The proposed Green Building Resolution has been developed with the expertise of the Sustainable Janesville Committee and City Staff. This policy outlines the following energy efficiency, water conservation, and LEED techniques for all future City-owned new construction and/or renovation projects with a total project cost over $500,000: 1. that, as part of the design development and budgeting process for construction and renovation of City-owned facilities, staff and/or its design consultant give reasonable consideration to sustainable, energy efficient, and environmental design, (as defined by the United States Green Building Council) and that a written report showing which elements will and will not be incorporated into the design be provided to the Sustainable Janesville Committee and the Common Council; and 2. that, as part for the design development and budgeting process for construction of new facilities, a payback analysis be completed for inclusion of renewable energy systems (specifically solar, wind and geothermal energy systems) in the design; and 3. that a specific goal be set for non-hazardous construction and demolition (C&D) waste to be reused, recycled, or otherwise diverted from landfill (and this shall apply to all building demolition projects), and 4. that designs for new construction and renovation of City-owned buildings provide for 30% water savings beyond the Energy Policy Act of 1992 baseline code requirements; and 5. that new City-owned buildings be designed for 20% more energy efficiency than minimum commercial code requirements; and 6. that during the design and budgeting process for construction and renovation of City-owned facilities, applicable grants for sustainable, energy saving, and environmental enhancements are explored; and The Green Building Policy also requires that at least one city staff member associated with construction projects to be educated and current at all times in the LEED standards and process so that this knowledge can be used to foster incorporation of sustainable, environmental, and energy saving design. The policy further requires that during selection of design firms for construction projects, the City should consider the design firms’ experience in sustainable/green building design and have at least one LEED Accredited Professional that will work on the project under consideration. Strengths & Weaknesses ? One advantage of the resolution is that it provides a balanced analysis of capital projects rather than focusing only on the fiscal impact. ? Adoption of this resolution would formalize the recommended requirements. The City has implemented some of the provisions on a case by case basis. ? The resolution will ensure that all future applicable projects will meet the recommended standards or be evaluated under those standards. ? By conducting pay-back analysis and installing more efficient fixtures in future building projects, facilities would have a more sustainable impact on the environment, and may recognize utility cost savings over the facilities life cycle. ? There may be additional upfront costs associated with implementing these provisions on a project by project basis. The $500,000 project cost provision is to protect against artificially driving up costs on low budget projects. ? Although the costs will vary for each project, it is difficult to estimate the overall cost impact versus the potential savings realized through more efficient facilities. cc: Eric Levitt Jacob Winzenz RESOLUTION NO. 2009-657 A RESOLUTION CREATING A GREEN BUILDING POLICY FOR THE CONSTRUCTION AND/OR RENOVATION OF CITY-OWNED FACILITIES OVER $500,000. WHEREAS, development and construction practices are significant contributors to the depletion of natural resources and a major cause of air and water pollution, solid waste, deforestation, toxic wastes, health hazards, global warming, and other negative consequences; and WHEREAS, buildings use an estimated one-fourth of the world's wood harvest, and consume an estimated two-fifths of all materials and energy flows; and WHEREAS, indoor environments are highly complex and building occupants may be exposed to gas and particle contaminants from office machines, cleaning products, construction activities, carpets and furnishings, perfumes, cigarette smoke, water-damaged building materials, microbial growth (fungal / mold and bacterial), insects, and outdoor pollutants; and WHEREAS , other factors such as indoor temperatures, relative humidity, and ventilation levels can affect how individuals respond to the indoor environment and their productivity in their performance of their jobs; WHEREAS, the City of Janesville recognizes its responsibility to implement and promote building practices that protect the quality of the air, water, and other natural resources; protect the quality of life for its Citizens and Employees; reduce impact of construction practices on native fish, vegetation, wildlife and other ecosystems; and minimize human impact on local and worldwide ecosystems; and WHEREAS, the United States Green Building Council has, in a national collaborative process, created Leadership in Energy and Environmental Design (LEED) standards that identify a range of actions that define green buildings and establish certification processes for new and existing buildings; and WHEREAS , the Common Council hereby find that creating and implementing this green building policy for the construction and/or renovation of city-owned facilities over $500,000 is in the best interest of the City and of benefit to the community. NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville that hereby is created a Green Building Policy to implement Energy and Environmental Design Concepts in construction and renovation of city-owned facilities over $500,000 project cost by including the following goals at a minimum, when applicable: 1. that, as part of the design development and budgeting process for construction and renovation of City-owned facilities, staff and/or its design consultant give reasonable consideration to sustainable, energy efficient, and environmental design, (as defined by the United States Green Building Council) and that a written report showing which elements will and will not be incorporated into the design be provided to the Sustainable Janesville Committee and the Common Council; and 2. that, as part for the design development and budgeting process for construction of new facilities, a payback analysis be completed for inclusion of renewable energy systems (specifically solar, wind and geothermal energy systems) in the design; and 3. that a specific goal be set for non-hazardous construction and demolition (C&D) waste to be reused, recycled, or otherwise diverted from landfill (and this shall apply to all public building demolition projects), and 4. that designs for new construction and renovation of City-owned buildings provide for 30% water savings beyond the Energy Policy Act of 1992 baseline code requirements; and 5. that new City-owned buildings be designed for 20% more energy efficiency than minimum commercial code requirements (at time of resolution adoption); and 6. that during the design and budgeting process for construction and renovation of City- owned facilities, applicable grants for sustainable, energy saving, and environmental enhancements are explored; and BE IT FURTHER RESOLVED that the City will require at least one city staff member associated with construction projects to be educated and current at all times in the LEED standards and process so that this knowledge can be used to foster incorporation of sustainable, environmental, and energy saving design; and BE IT FURTHER RESOLVED that during selection of design firms for construction projects, the City should consider the design firms’ experience in sustainable/green building design and have at least one LEED Accredited Professional that will work on the project under consideration; and BE IT FURTHER RESOLVED that the City Manager and Sustainable Janesville Committee will provide annual progress reports to Common Council summarizing the written reports provided for each construction and renovation project. 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: ___________ Wald Klimczyk, City Attorney Proposed by: Sustainable Janesville Committee Prepared by: Sustainable Janesville Committee City Manager’s Office Memorandum November 23, 2009 TO: Janesville City Council FROM: Al Hulick, Management Analyst SUBJECT: Action on a proposed resolution authorizing the City Manager to apply for the 2010 Wisconsin Office of Energy Independence Grant for an Energy Independent Community 25x25 Plan. (File Resolution No. 2009-658) Staff or Department Recommendation The City Administration recommends the City Council authorize the submission of a 2010 Wisconsin Office of Energy Independence Grants for an Energy Independent Community 25x25 Plan. Suggested Motion A motion to approve File Resolution 2009-658 authorizing the City Manager to apply for the 2010 Wisconsin Office of Energy Independence Grant for an Energy Independent Community 25x25 Plan. Background The Wisconsin Office of Energy Independence (WI OEI) administers energy programs to assist Wisconsin to profitably and sustainably promote conservation, energy efficiency and renewable energy resources. As part of this initiative, Wisconsin Office of Energy Independence has made available $500,000 in grant money which will be split between 5 to 10 communities to complete a 25% by 2025 Plan. The goal of this plan is to increase the use of renewable energy and renewable fuels by 25% across the State of Wisconsin by the year 2025. These awards go to communities or a group of communities to complete an “Energy Independence Assessment” of all buildings/facilities and infrastructure, as well as assessments of all fleet vehicles. This assessment will provide baseline data that will assess where our organization is in terms of energy efficiency, and help the organization move forward with conservation, energy efficiency, and renewable energy opportunities. By the end of the 10-12 month process, grant participants will have created baseline information to better organize the community’s top property projects or opportunities. The expected product at the end of this process is, an “Energy Independent Community 25 by 2025 Plan.” Analysis As part of the City’s continuing effort to identify, assess, and implement more sustainable initiatives, the City Administration intends to apply for the Wisconsin Office of Energy Independence – Energy Independent Community Grant. This grant would provide funds to conduct an Energy Independence Assessment of all City facilities and fleet. This assessment will provide important baseline data that can be used to identify, assess, and prioritize energy efficiency opportunities within the organization. The overall goal of the plan is to provide a framework for communities to move forward with conservation, energy efficiency, and renewable energy opportunities. Applicants must be a Wisconsin County, City, Village Town, School District or University, or any combination thereof that has shown a willingness to improve the community’s efforts related to energy conservation, efficiency, and potential renewable opportunities. Grant funds must be used towards the cost of administering and conducting an Energy Independence Assessment. Funding will not cover expenses of existing conservation, efficiency, or renewable projects in progress. Funding is available solely for the completion of the Energy Independence Assessment. The grant has no cost-sharing requirements. Participants are encouraged to report all public and private foundation dollars, other government grants, and any energy performance contracting dollars that are being pledged. The amount of dollars leveraged will increase point totals in the evaluation process. However, as prepared the City of Janesville will not be providing any matching funds to administer this program. An Energy Independent Community that receives a grant to complete an Energy Independent Assessment is responsible for quarterly updates. A brief written update as well a verbal presentation by the Energy Independence Coordinator (Sustainability Coordinator). Updates will take place during the months of March, June, September and December. Coordination with the University of Wisconsin Extension and the Local Government Institute is required and expected. cc: Jay Winzenz, Director of Administrative Services RESOLUTION NO. 2009 - 658 A RESOLUTION authorizing the City of Janesville’s submittal of a 2010 Wisconsin Office of Energy Independence Grant for an Energy Independent Community 25x25 Plan. WHEREAS, the Common Council of the City of Janesville recognize the importance of decreasing the City’s reliance on fossil fuels and increasing the use of renewable energy and renewable fuels; and WHEREAS, by adopting this Resolution, the Common Council declare their intent for the City Administration to prepare and submit a 2010 Wisconsin Office of Energy Independence Grant for an Energy Independent Community 25x25 Plan to assisting in the creation of an Energy Independence Assessment for the City of Janesville; and WHEREAS, the City of Janesville will maintain records documenting all expenditures made during the planning process and abide by the necessary reporting responsibilities as determined by the Wisconsin Office of Energy Independence; and WHEREAS, the City of Janesville will work cooperatively with employees, agents, and representatives of the Wisconsin Office of Energy Independence in developing a Energy Independence 25x25 Plan; and WHEREAS, the City of Janesville intends to comply with all requirements of law in accord with the Wisconsin Office of Energy Independence; and WHEREAS, the City of Janesville intends to comply with, and will submit, all document and participation requirements including, but not limited to, quarterly and final reports to the Wisconsin Office of Energy Independence. NOW, THEREFORE, IT IS HEREBY RESOLVED by the Common Council of the City of Janesville that: 1. All above introduction and recitals are incorporated herein by reference as if fully set forth verbatim; and 2. The City Administration is authorized on behalf of the City of Janesville to prepare and submit applications for, request funds and assistance available from the Wisconsin Office of Energy Independence and related State and other programs and sources, and use such funding in accord therewith; and 3. The City of Janesville shall take any and all necessary actions to undertake, direct, and complete approved grant activities, and comply with State rules for the program(s); and BE IT FURTHER RESOLVED, that the City Manager and his designee(s), on behalf of the City of Janesville, is/are hereby jointly and severally authorized and empowered to negotiate, draft, review, revise, modify, amend, execute, enter into, file and/or record additional applications, agreements, amendments, documents, reports, and letters of understanding concerning this matter, and to take whatever additional other actions that the City Manager may determine in his sole discretion, from time to time and at any time, necessary and/or desirable in the public interest to effectuate 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: City Manager’s Office Prepared by: City Manager’s Office DEPARTMENT OF PUBLIC WORKS MEMORANDUM November 13, 2009 TO: City Council FROM: Mike Payne, Engineering Manager SUBJECT: Action on a Proposed Resolution Granting a Non-Exclusive Utility Easement along Ruger Avenue to Alliant Energy (File Resolution No. 2009-652) Summary The Ruger Avenue bridge over Spring Brook (between Greendale Drive and Brakefield Drive) is being replaced in 2010. The bridge replacement project will require Alliant Energy to relocate two existing gas mains currently located in the terrace within the Right-Of-Way. The bridge designer, AECOM, is requesting that the gas mains be relocated a minimum of 20 feet away from the future outside edge of the new structure. This cannot be accomplished within the existing Right-Of-Way and requires two easements through the greenbelt, one on the north side of the street and a second on the south side of the street. This greenbelt contains Spring Brook and primarily provides stormwater management for the neighborhood. The Parks Department is aware of the need for utility easements across the greenbelt. If the easement is granted, Alliant intends to bore the greenbelt and brook to minimize disruption of the route. The relocation of the gas mains will be at no cost to the City. Engineering does not recommend charging Alliant for the easement since the City is requiring Alliant to relocate the gas mains for a new bridge project. Recommendation Engineering recommends the City Council approve File Resolution 2009-652 allowing the City Manager to approve non-exclusive utility easements across the greenbelt, required for the Ruger Avenue bridge replacement project. Suggested Motion I move to approve File Resolution 2009-652 for the City to grant non-exclusive utility easements as proposed for the Ruger Avenue bridge replacement project. City Manager’s Recommendation The City Manager concurs with the Engineering Division’s recommendation. Attachments cc: Eric Levitt, City Manager Jacob J. Winzenz, Director of Administrative Services/Asst. City Manager \\petey\cojhome\agenda review\approved agenda items\2009\10-12-2009\ruger ave easement - memo.doc CITY OF JANESVILLE RESOLUTION NO. 2009-652 A Resolution granting two (2) non-exclusive Utility Easements crossing City public greenbelt east of Greendale Drive at Ruger Avenue to Alliant Energy from the City of Janesville. WHEREAS, said greenbelt is used primarily for storm water conveyance and public open space and recreation use with a bike trail; WHEREAS, the City of Janesville will be reconstructing the Ruger Avenue bridge in 2010 and Alliant Energy has two (2) existing gas mains, one (1) within and one (1) outside of the Ruger Avenue public Right-Of-Way. Said gas lines conflict with the proposed bridge structure and construction thereof, requiring the relocation of these gas lines through the greenbelt; and WHEREAS, the non-exclusive easements to be provided by the City of Janesville to Alliant Energy shall be approximately 2,500 square feet on the south side of Ruger Avenue and approximately 1,900 square feet on the north side of Ruger Avenue; and WHEREAS, Alliant Energy will relocate the two (2) existing gas mains at the direction of the City of Janesville at no cost to the City of Janesville; and WHEREAS, the City Planning, Engineering, Public Works and Parks Staff have determined that the locations of the proposed non-exclusive easements do not conflict with the current or planned future use of the affected portion of the greenbelt; and WHEREAS, the Janesville City Council finds the granting of the proposed non- exclusive easements in the desired locations to be a reasonable request. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Janesville that said Council hereby grants the two (2) non-exclusive easements to Alliant Energy as described in Exhibit A attached hereto and made a part hereof. BE IT FURTHER RESOLVED, that the City Manager and his designee(s) on behalf of the City of Janesville, is/are hereby authorized and empowered to negotiate, draft, modify, review, and execute these easements, 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 make 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 project. CITY OF JANESVILLE RESOLUTION NO. 2009-652 (Page 2 – Continued) ADOPTED: MOTION BY: APPROVED: SECOND BY: COUNCILMEMBER AYE NAY PASS ABSENT Eric Levitt, City Manager BRUNNER ATTEST: McDONALD Jean Ann Wulf, City Clerk-Treasurer PERROTTO APPROVED AS TO FORM: RASHKIN __________________ STEEBER Assistant City Attorney TRUMAN VOSKUIL Proposed by: Engineering Division Prepared by: Engineering Division \\petey\cojhome\agenda review\approved agenda items\2009\10-12-2009\ruger ave easement - res 2009-652.doc EXHIBIT A ATTACHMENT TO RESOLUTION 2009-652 LEGAL DESCRIPTIONS FOR GAS LINE EASEMENTS North Easement Located in the NW1/4 of the NE1/4 of Section 32, Town 3 North, Range 13 East, City of Janesville, Rock County, Wisconsin described as follows: Commencing at the intersection of the east right of way line of Greendale Dr and the north right of way line of Ruger Ave; thence northerly along the east R/W line of Greendale Dr, 15 ft, to the Point of Beginning; thence easterly and parallel with the north R/W line of Ruger Ave, 140 ft; thence southerly and perpendicular to the north R/W line of Ruger Ave, 15 ft, to the north R/W line of Ruger Ave; thence easterly along the north R/W line of Ruger Ave, 20 ft; thence northerly and perpendicular to the north R/W line of Ruger Ave, 25 ft; thence westerly and parallel with the north R/W line of Ruger Ave approximately 160 ft, to the east R/W line of Greendale Dr; thence southerly along the east R/W line of Greendale Dr approximately 10 ft to the Point of Beginning. Containing approximately 1900 sq. ft. (0.044 ac.) South Easement Located in the NW1/4 of the NE1/4 of Section 32, Town 3 North, Range 13 East, City of Janesville, Rock County, Wisconsin described as follows: Beginning at the intersection of the south R/W line of Ruger Ave and the west R/W line of Brakefield Dr; thence southerly, along the west R/W line of Brakefield Dr, 25 ft; thence westerly and parallel with the south R/W line of Ruger Ave, 205 ft; thence northerly and perpendicular to the south R/W line of Ruger Ave, 25 ft, to the south R/W line of Ruger Ave; thence easterly along the south R/W line of Ruger Ave, 20 ft; thence southerly and perpendicular to the south R/W line of Ruger Ave, 15 ft; thence easterly and parallel with the south R/W line of Ruger Ave, 175 ft; thence northerly and parallel with the west R/W line of Brakefield Dr, approximately 15 ft, to the south R/W line of Ruger Ave; thence easterly along the south R/W line of Ruger Ave, approximately 10 ft, to the Point of Beginning. Containing approximately 2500 sq. ft. (0.057 ac.) \\petey\cojhome\agenda review\approved agenda items\2009\10-12-2009\ruger ave easement - res 2009-652.doc NEIGHBORHOOD SERVICES MEMORANDUM November 9, 2009 TO: City Council FROM: Kelly Lee, Neighborhood Development Specialist SUBJECT: Acquisition and Demolition of 127 North Terrace Street (File Res. 2009-655) Summary The Neighborhood Services Department has received a Neighborhood Stabilization Program (NSP) grant award of $1,003,743 to acquire, rehabilitate, demolish and redevelop foreclosed and abandoned properties. The property located at 127 North Terrace Street is a foreclosed home that is consistent with the grant application and award criteria. Department Recommendation The Plan Commission and the Neighborhood Services Department recommend that the City Council support a motion to approve Resolution 2009-655 authorizing the purchase of the property located at 127 North Terrace Street, at an acquisition price not to exceed $30,000 as part of the Neighborhood Stabilization Grant Program (NSP). City Manager Recommendation The City Manager concurs with the recommendation. Suggested Motion I move to approve file resolution 2009-655 authorizing the purchase of 127 North Terrace Street, at an acquisition price not to exceed $30,000 as part of the Neighborhood Stabilization Grant Program. Background The Housing and Economic Recovery Act (HERA) of 2008 created the Neighborhood Stabilization Program, under which states, cities and counties will receive a total of $3.92 billion to acquire, rehabilitate, demolish, and redevelop foreclosed and abandoned residential properties. NSP funds are considered Community Development Block Grant (CDBG) funds. In January 2009, the City Council authorized staff to apply for a Neighborhood Stabilization grant Program through the State of Wisconsin Department of Commerce. The City of Janesville has been awarded $1,003,743 to acquire 1 foreclosed properties for the purpose of rehabilitation, redevelopment, or demolition. The Community Development Authority (CDA) and the Neighborhood Action Team assisted in formulating criteria for potential Neighborhood Stabilization Program grant projects, including: location in area of greatest need; located within either of the two redevelopment sites as identified in the City of Janesville Look West & Old Fourth Ward Neighborhood Revitalization Plan (Adopted th December 8, 2008); properties located along collector, major arterial streets, or minor arterial streets; properties located near schools or parks; properties th identified as poor or fair condition on the 4 Ward and Look West Housing Condition Report (or of similar condition for census tracts 6 &10). The property located at 127 North Terrace Street is a foreclosed home owned by Blackhawk State Bank in Beloit, Wisconsin. The building was most recently used as a single family home, but had been a two unit in the past. The house, built in approximately 1880 is 2148 square feet, three bedroom and 2 and a half baths. The property is located in census tract 4, which has been identified as one of the areas of greatest need. The property is in walking distance to both parks and schools. In addition, the property is identified in average condition according to th the 4 Ward and Look West Housing Condition Report. This was an exterior assessment of the property and did not take into account the interior condition. Staff has toured the property and found the interior of the property in a considerable state of disrepair. The property sustained significant water damage during recent storms while the property was vacant. The bank has attempted to mitigate mold growth by removing drywall; however, it appears that there is an ongoing issue. In addition, the recent owner had attempted to make improvements to the property without permits, inspections or general knowledge of construction; thereby, creating structural defects and significant electrical issues that would require a significant amount of rehabilitation. NSP funds may be used to demolish blighted structures that exhibit signs of deterioration sufficient to constitute a threat to human health, safety and public welfare. Staff believes that this property fits this definition. The grant requires the City of Janesville to have an appraisal done for properties with a purchase price over $25,000. The City of Janesville has ordered an appraisal, but does not have the results at this time; however the seller has provided a copy of an appraisal prepared by Rally Appraisal of Madison. The report estimates the market value for the property to be $34,000 as of June 18, 2009. The Neighborhood Services Department feels that it is in the best interest of the neighborhood to remove the two unit property that has been vacant for the past 2 six months and has reached an agreement with the bank for a purchase price of $30,000 contingent upon Plan Commission and City Council Approval. The project would include acquisition and demolition of the property funded by the Neighborhood Stabilization Program (NSP) grant. The estimated cost for demolition is $15,000. Once the project is complete, the lot will be donated to a not-for-profit organization for redevelopment. The donation will be conditioned on approval by staff regarding architectural design of a replacement single- family, owner-occupied home. Staff feels that it is more economically responsible to demolish the property and allow a not-for-profit to rebuild an energy efficient home that would match the existing style and architecture of the neighborhood. The house would be sold to an individual who is low to moderate income. Any materials that are salvageable will be offered to Habitat for Humanity. The City has negotiated a conditional purchase price of $30,000. This falls within the limits established in the grant application. Analysis A. The property is zoned R-2, Limited General Residential. B. The project will include acquisition and demolition of the property funded through the Neighborhood Stabilization Program (NSP) grant. C. The project is consistent with the criteria outlined by the Community Development Authority and the Neighborhood Action Team. The home is located in census tract 4 which has been identified as one of the areas of greatest need in Janesville. The property is within walking distance of both parks and schools. The property is listed as average condition in the th 4 Ward and Look West Housing Condition Report based on an exterior only inspection. D. The project is consistent with the City of Janesville Look West & Old Fourth Ward Neighborhood Revitalization Plan as well as the City of Janesville Comprehensive Plan. Plan Commission Action Duane Cherek, Manager of Planning Services presented the written staff report. There was a motion by Zolidis with a second by Helgerson to forward the proposed acquisition to the City Council with a favorable recommendation noting that the Plan Commission has not reviewed the financial aspects of this transaction. The motion carried on a 4-0-1 vote. cc: Eric Levitt, City Manager Jay Winzenz, Dir. of Administrative Services/Assistant City Manager Jennifer Petruzzello, Neighborhood Services Director 3 RESOLUTION NO. 2009-655 RESOLUTION AUTHORIZING THE ACQUISITION AND DEMOLITION OF REAL PROPERTY LOCATED AT 127 N TERRACE STREET WHEREAS , Wis. Stats. §§ 62.22 (1), 62.23 (17)(a), 62.23 (17)(b), 66.0101, 62.11(5), Chapter 32, and other pertinent Wisconsin Statutes permit the City’s acquisition, development, ownership, protection, improvement, conservation, public use, demolition, disposition, and other disposal of parkland, open space, riverfront properties, blighted properties, redevelopment, and development properties; and WHEREAS, the City of Janesville has been awarded $1,003,743 through the Neighborhood Stabilization Program (NSP) grant; and WHEREAS , the Neighborhood Stabilization Program (NSP) grant must be used for acquisition, rehabilitation, or demolition of foreclosed properties; and WHEREAS , the Community Development Authority (CDA) and the Neighborhood Action Team assisted in formulating criteria for potential Neighborhood Stabilization Program grant projects, including: location in area of greatest need; located within either of the two redevelopment sites as identified in the City of Janesville Look West & Old th Fourth Ward Neighborhood Revitalization Plan (Adopted December 8, 2008); properties located along collector, major arterial streets, or minor arterial streets; properties located near schools or parks; properties identified as poor or fair condition th on the 4 Ward and Look West Housing Condition Report (or of similar condition for census tracts 6 &10); and WHEREAS , the City of Janesville Administration has negotiated an offer to purchase 127 N Terrace Street in the amount of Thirty Thousand Dollars ($30,000); and WHEREAS , the Janesville Plan Commission has reviewed this proposed acquisition on November 16, 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 Council find this acquisition and proposed public use(s) in the best interest of the City and of benefit to the public; and WHEREAS , the funding source for the acquisition and demolition is the Neighborhood Stabilization Program (NSP) grant: NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville that the City’s acquisition of 127 N Terrace Street in the amount of Thirty Thousand Dollars ($30,000) for the above described public purpose(s) is hereby approved and authorized; the City Manager and/or his designee(s) may acquire and close upon the City’s purchase of the Property from the owner(s) on behalf of the City; 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: Wald Klimczyk, City Attorney Proposed by: Neighborhood Services Department Prepared by: Neighborhood Development Specialist ïîé ÒÑÎÌØ ÌÛÎÎßÝÛ ÍÌ q Ô»¹»²¼ ÍËÞÖÛÝÌ Í×ÌÛ Ü¿¬»æ êñçñðç Í½¿´»æ ïþã ïððù Ó¿° Ý±±®¼·²¿¬»æ Õóïë ÔÑÝßÌ×ÑÒ ÓßÐ Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ ÓßÐ ï ïîé ÒÑÎÌØ ÌÛÎÎßÝÛ ÍÌÎÛÛÌ ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ ÍæÐ®±¶»½¬ÄÐ´¿²²·²¹ÄÝ¿»ÄÕóïëÁïîéÒÌ»®®¿½» NEIGHBORHOOD SERVICES MEMORANDUM November 13, 2009 TO: City Council FROM: Jennifer Petruzzello, Neighborhood Services Director SUBJECT: Action on a Proposed Resolution Authorizing the Submission of an Amendment to the Community Block Grant Emergency Assistance Program Contract between the State of Wisconsin Department of Commerce and the City of Janesville (File Res. 2009-656) Summary Federal funds are available under the Community Development Block Grant Emergency Assistance Program (CDBG-EAP) to assist local units of government that have experienced a natural disaster. The City of Janesville has previously applied for and received a grant award of $1,718,876 for the local share of the residential buy-out program, residential rehabilitation, public facilities and business assistance. The Department of Commerce has announced the availability of an additional $75,000,000 in disaster recovery funds. City staff is recommending that the City Council authorize staff to submit an amendment to the CDBG-EAP Contract between the Wisconsin Department of Commerce and the City of Janesville for additional funding. Additional funding totaling $2,695,000 is proposed to be used for public infrastructure and facilities, mitigation efforts, business assistance, and acquisition and demolition of damaged properties in the floodplain. Background In March of 2009, the City applied for and received funding under the Community Development Block Grant Emergency Assistance Program (CDBG-EAP). In total, the City was awarded: $1,718,876, which included $194,940 in housing acquisition, demolition and relocation for substantially damaged properties, $39,263 in residential rehabilitation, $411,747 in public facilities, $1,000,000 in business assistance, and $72,926 in administration. All funding under this grant is anticipated to be expended by the first quarter of 2010. The Community Development Block Grant-Emergency Assistance Program (CDBG- EAP) is a special program the Wisconsin Department of Commerce, Division of Housing and Community Development (DHCD) activated to assist local units of government that have experienced a natural or manmade disaster. The storms and flooding of June 5 through July 25, 2008, led to a federal disaster declaration, FEMA-DR-1768 WI, in 31 Wisconsin counties including Rock County. Recently, the Department of Commerce has announced the availability of an additional $75,000,000 in disaster recovery funds. Requests for amendments to our 1 contract for additional funding under this program must be received by the Department of Commerce on or before December 4, 2009. There are three categories of eligible activities. 1. The repair and replacement of low and moderate-income (LMI) owner occupied housing that is the principal place of residence and was damage during the disaster; 2. The repair and replacement of public infrastructure limited to facilities that affect the health and safety of residents of the community that was damaged; and 3. Assistance to businesses having unmet recovery needs including the repair of flood damages, loss on inventory and lack of working capital due to lost revenues. The City is proposing to request an additional $2,695,000 in funding to be used for public infrastructure and facilities, mitigation, business assistance and acquisition and demolition of damaged properties in the floodplain. City staff is proposing an amendment to our current contract to include the following: 1. Funding in the amount of $251,000 for 3 residential properties located within the Mole Sadler Neighborhood that were substantially damaged. These properties were originally included in another FEMA grant application, but were denied funding for environmental reasons. 2. Funding in the amount of $694,000 for public infrastructure and facilities that were damaged in the flood and for mitigation efforts to reduce future damage due to flooding. 3. Funding in the amount of $1,500,000 to purchase and demolish residential and commercial properties that were damaged and that were identified within areas that were inundated with flood waters. 4. Funding in the amount of $150,000 in additional business assistance. 5. Funding in the amount of $100,000 for program administration. City Manager Recommendation: The City Manager supports the Neighborhood Services Department’s proposed amendment. As part of the grant requirement the City of Janesville is required to conduct a public hearing to gain citizen input regarding the need for funding under this program. The Community Development Authority will hold a public hearing for this purpose on November 18, 2009. Their recommendation will be forwarded to the City Council prior to the Council meeting. cc: Eric J. Levitt, City Manager Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services 2 RESOLUTION NO. 2009-656 RESOLUTION AUTHORIZING THE SUBMITTAL OF AN AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT EMERGENCY ASSISTANCE PROGRAM CONTRACT BETWEEN THE STATE OF WISCONSIN DEPARTMENT OF COMMERCE AND THE CITY OF JANESVILLE WHEREAS , Federal funds are available under the Community Development Block Grant-Emergency Assistance Program (CDBG-EAP), administered by the Wisconsin Department of Commerce, Division of Housing and Community Development (DHCD) to assist local units of government that have experienced a natural or manmade disaster; and WHEREAS , the storms and flooding of June 5 through July 25, 2008, led to a federal disaster declaration, FEMA-DR-1768 WI, in 31 Wisconsin counties including Rock County; and WHEREAS, in March of 2009, the City of Janesville applied for and received funding under the Community Development Block Grant Emergency Assistance Program (CDBG-EAP) in the amount of $1,718,876 for housing acquisition, demolition and relocation costs for substantially damaged properties; residential rehabilitation; public facilities; business assistance; and administration; and WHEREAS , the Department of Commerce has announced the availability of an additional $75,000,000 in disaster recovery funds; and WHEREAS , the City of Janesville has undertaken public facility improvements that address damages and losses during the disaster period; and WHEREAS, the citizens of Janesville have incurred significant cost associated with the disaster; and WHEREAS, the City of Janesville desires to undertake mitigation efforts that will prevent damages due to future flooding events; and WHEREAS , the Janesville Community Development Authority (CDA) held a public hearing on November 18, 2009 to seek citizen input into the need for additional funding under this program; and WHEREAS , there is no local match requirement for CDBG-EAP; and WHEREAS, the City of Janesville is seeking additional CDBG-EAP funding to be used for eligible activities; and WHEREAS, the Common Council hereby finds that this funding and application are in the best interest and benefit of the City and the Community. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville that they authorize and direct the City Manager and/or his designee(s) to submit an amendment request to the Community Development Block Grant Emergency Assistance Program Contract between the State of Wisconsin Department of Commerce and the City of Janesville, and to provide such additional information as may be required and to administer the program in accordance with all applicable State and Federal Grant Regulations; 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: Wald Klimczyk, City Attorney Proposed by: City Staff Prepared by: Neighborhood Services Director NEIGHBORHOOD SERVICES MEMORANDUM November 19, 2009 TO: City Council FROM: Jennifer Petruzzello, Neighborhood Services Director SUBJECT: Community Development Authority Recommendation Amendment to the Community Block Grant Emergency Assistance Program Contract between the State of Wisconsin Department of Commerce and the City of Janesville (File Resolution 2009-656) Summary On November 23, 2009, the City Council will consider an amendment to the Community Block Grant Emergency Assistance Program Contract between the State of Wisconsin Department of Commerce and the City of Janesville (File Res. 2009-656). Details regarding this item are included in your agenda packet. The CDA held their regular meeting on Wednesday evening, November 18, 2009. Because this meeting occurred after the distribution of agenda materials, their recommendation is being forwarded to the City Council under this separate memorandum. Backgroundand Public Hearing The Department of Commerce has announced the availability of an additional $75,000,000 in disaster recovery funds. City staff is recommending that the City Council authorize staff to submit an amendment to the CDBG-EAP Contract between the Wisconsin Department of Commerce and the City of Janesville for additional funding. Additional funding totaling $2,695,000 is proposed to be used for public infrastructure and facilities, mitigation efforts, business assistance, and acquisition and demolition of damaged properties in the floodplain. As part of the grant requirement the City of Janesville is required to conduct a public hearing to gain citizen input regarding the need for funding under this program. The Community Development Authority held this public hearing on November 18, 2009. The following individuals spoke: Ms. Christine Mozer, from the 2008 flood recovery program, announced that they are beginning a public notification process regarding assistance they have available from a federal social services block grant. She asked if funding could be included to provide storm sewer in the Putnam Avenue area. She also asked about business assistance. 1 Ms. Andrea Briarmoon, 339 Locust Street, spoke to say that she thought the CDA should direct staff to include funding for the Putnam Avenue area. Ms. Laura Markley, from the 2008 flood recovery program, asked if there was room for interpretation in the grant criteria to include funding for the Putnam Avenue area. Staff explained that funding had not been included for the Putnam Avenue area because it does not appear to meet the grant criteria. This area has been impacted by high ground water problems since before the 2008 flood event, although residents have reported that the problems have increased. The installation of storm sewers will not reduce the problems experienced within the private properties. It would redirect the water flow from the sidewalk and street area to a storm sewer. The estimated cost for the installation of storm sewer is approximately $375,000. In response to the inquiry about business assistance, staff explained that $1 million in funding was awarded to the City for business assistance under this program. To date, approximately $800,000 has been awarded for businesses and property owners to repair property damage and to cover lost inventory. The remaining $200,000 will be awarded for business loss. This amount is believed to be sufficient to cover the eligible requests received. CDA members requested that the grant criteria be made available to the City Council. Funding is available for housing, public facilities and business assistance that address damages and losses during the disaster period of June 5 through July 25, 2008. In general, CDBG-EAP activities include: repair, restoration and/or replacement, and must be in direct response to disaster damage. There are three categories of eligible activities. 1. The repair and replacement of low and moderate-income (LMI) owner occupied housing that is the principal place of residence and was damage during the disaster; 2. The repair and replacement of public infrastructure limited to facilities that affect the health and safety of residents of the community that was damaged (including mitigation activities as they relate to the repair of damaged facilities); and 3. Assistance to businesses having unmet recovery needs including the repair of flood damages, loss on inventory and lack of working capital due to lost revenues. Additional Community Development Block Grant rules and regulations apply (i.e. environmental review and Davis-Bacon prevailing wage rates). 2 CDA Recommendation The CDA unanimously recommended the City Council authorize the filing of an amendment to the Community Block Grant Emergency Assistance Program Contract between the State of Wisconsin Department of Commerce and the City of Janesville. This amendment would include an additional $2,695,000 to be used for public infrastructure and facilities, mitigation efforts, business assistance, and acquisition and demolition of damaged properties in the floodplain. Funding would be requested as follows: 1. Funding in the amount of $251,000 for 3 residential properties located within the Mole Sadler Neighborhood that were substantially damaged. These properties were originally included in another FEMA grant application, but were denied funding for environmental reasons. 2. Funding in the amount of $694,000 for public infrastructure and facilities that were damaged in the flood and for mitigation efforts to reduce future damage due to flooding. 3. Funding in the amount of $1,500,000 to purchase and demolish residential and commercial properties that were damaged and that were identified within areas that were inundated with flood waters. 4. Funding in the amount of $150,000 in additional business assistance. 5. Funding in the amount of $100,000 for program administration. cc: Eric J. Levitt, City Manager Jacob J. Winzenz, Assistant City Manager/Director of Administration 3