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Full Agenda Packet CITY OF JANESVILLE CITY COUNCIL MEETING AGENDA MONDAY, March 22, 2010 7:00 P.M. 1. Call to Order and Pledge of Allegiance. 2. Roll Call. 3. Minutes of City Council meetings: “C” A.Regular meeting of March 8, 2010. B.Special meeting of March 8, 2010. 4. Licenses; and Recommendations of the Alcohol License Advisory Committee. (Refer to separate agenda.) “C” 5. Authorization for the Administration to approve a liability claim from Kathryn and Michael Davis in the amount of $9,759.77. “C” 6. Financial statements for the months of January & February, “C” OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. 2. Second reading, public hearing and action on a proposed ordinance rezoning property located at 1102 Pliny Avenue from R2 to M2. (File Ord. No. 2010-451) 3. Second reading, public hearing and action on a proposed ordinance creating section 13.20 – stormwater illicit discharge ordinance of the municipal code. (File Ord. No. 2010-452) ----------------------- “C” – This designation indicates an item that the City Council will take up under a Consent Agenda. City Council Agenda – March 22, 2010 Page 2 NEW BUSINESS 1. Action on a proposed resolution authorizing the League of Women Voters to erect signs on banner posts celebrating the 90 anniversary of the creation th of the organization. (File Res. No. 2010-685) 2. Action on a proposed resolution allowing service club signage on City of Janesville welcome signs. (File Res. No. 2010-684) 3. Action on a proposed resolution approving the acquisition and demolition of property at 215 Linn Street under the Neighborhood Stabilization Program. (File Res. No. 2010-683) 4. Action on a proposed preliminary resolution for Public Works Bid Schedule “B”-2010 and schedule a public hearing for the final resolution. (File Res. No. 2010-680) 5. Award of contracts C 2010-4 (water and sewer system improvements) and C2010-6 (Black Bridge water main) for Public Works Bid Schedule “B” – 2010. 6. Action on a proposed resolution formally designating and creating a Development Opportunity Zone in the City of Janesville. (File Res. No. 2010-679) 7. Action on a proposed resolution authorizing the issuance and sale of up to $27,212,000 sewerage system revenue bonds, series 2010 and providing for other details and covenants with respect thereto. (File Res. No. 2010-681) 8. Introduce, refer to Plan Commission and schedule a public hearing on a proposed ordinance rezoning property located at 4332 Milton Avenue from R1, Single Family Residence District, to O1, Office/Residence District. (File Ord. No. 2010-454) 9. Requests and comments from the public on matters which can be affected by Council action. 10. Matters not on the Agenda. Pending Council Agenda – March 22, 2010 Page 3 NEW BUSINESS (CONTINUED) 11. Consideration of one or more motions to convene into closed session, pursuant to Wisconsin Statute Section 19.85(1)(e) for the purpose of deliberating, negotiating, and/or setting the bargaining and negotiating terms and conditions for the potential sale of surplus land located at 305 South Pearl Street, since competitive and/or bargaining reasons require a closed session. The use of audible cell phone ringers and active use and response to cellular phone technology by the governing body, staff and members of the public is discouraged in the Council Chambers while the Council is in session. PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING MARCH 8, 2010 VOL. 60 NO. 34 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on March 8, 2010. The meeting was called to order by Council President Truman at 7:00 PM. Boy Scout Troop #540 led the Council in the Pledge of Allegiance. Present: Council President Truman, Councilmembers Brunner, McDonald, Perrotto, Rashkin, Steeber, and Voskuil. CONSENT AGENDA Minutes of the regular meeting of February 22, 2010. Licenses and Recommendations of the Alcohol License Advisory Committee. Authorization for the Administration to deny a claim for excessive assessments from Sun Vista Properties, LLC in the amount of $13,090.19. Council President Truman stated that all items on the consent agenda would be approved if there were no objections. There were none. OLD BUSINESS 1. Requests and comments from the public regarding items on the agenda not requiring a public hearing. Peter Apted, 324 S. Academy St., spoke against sidewalk fee (NB #3), and suggested borrowing for a new fire station and ice arena was not feasible in these difficult economic times. Andreah Briarmoon, 339 S. Locust St., spoke against sidewalk fee (NB #3), and suggested the formation of a citizens group to decide where to cut the 2011 City budget. NEW BUSINESS 1. Action on a proposed resolution authorizing the reduction of a plant screening requirement (from 80 to 40 feet) on property located at 3330 Palmer Drive (SSI Technologies). Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Brunner and passed unanimously. (File Resolution No. 2010-678) 2. Award of Contracts C2010-1 (street resurfacing), C2010-2 (curb and gutter replacement), and C2010-3 (manhole rehabilitation/reconstruction) for Public Works bid Schedule “A” - 2010. Councilmember Steeber moved to award the following contracts and to include funding in the 2010 Note Issue: Contract C2010-1 to Rock Road Companies, Inc. of Janesville, WI in the amount of $1,247,075.56; Contract C2010-2 to Yeske Construction Co. of Edgerton, WI in the amount of $563,149.50; and C2010-3 to E&N Hughes Co., of Monroe, WI in the amount of $154,838.00. The motion was seconded by Councilmember Rashkin and passed unanimously. 3. Amendments to Council Policy Statement #70 (Establishing Sidewalk Inspection Fee). Councilmember Steeber moved to adopt said Policy Statement #70 as presented, seconded by Councilmember Voskuil and passed by the following vote: Aye: McDonald, Perrotto, Rashkin, Steeber, Truman, and Voskuil. Nay: Brunner. 4. A proposed ordinance creating Section 13.20 (Stormwater Illicit Discharge Ordinance) of the Municipal Code was introduced and scheduled for a public hearing on March 22, 2010. (File Ord. No. 2010-452) 5. A proposed ordinance amending Section 15.01.100(B) and various provisions of Section 18.36.070.2 (Historic Overlay District) of the Code of General Ordinances of the City of Janesville was introduced, referred to Plan Commission, and scheduled for a public hearing on April 26, 2010. (File Ord. No. 2010-453) 6. Requests and comments from the public on matters which can be affected by Council action. Dennis Fugate, 2523 Linden Ave., suggested changes in the building permit process for new construction and complimented Gale Price, Building and Development Services Manager for his outstanding customer service. Andreah Briarmoon, 339 S. Locust St., requested the Fourth Ward and Look West Neighborhood be added to the proposed historic Overlay District ordinance(NB #5), and suggested creating a citizens board of appeal to handle citizen complaints on ordered sidewalk construction/replacement. 7. Matters not on the agenda. Councilmember Perrotto requested a legal opinion from the City Attorney on whether we can require contractors who bid on City projects to hire Janesville residents. City Manager Levitt introduced Carl Weber, the new Director of Public Works. Councilmember McDonald requested the Transportation Committee review whether an arrow light would be appropriate at the Bell Street and Highway 14 intersection. Councilmember Voskuil requested information about the demolition project on Parker Drive across from Office Pro. Council President Truman thanked Boy Scout Troop #540 for attending the meeting. 8. Councilmember Truman moved to adjourn, seconded by Councilmember McDonald and passed unanimously. There being no further business, Council adjourned at 7:55 PM. These minutes are not official until approved by the City Council. Jean Ann Wulf City Clerk-Treasurer PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN SPECIAL MEETING March 8, 2010 VOL. 60 NO. 33 A special meeting of the City Council of the City of Janesville held in the Municipal Building on March 8, 2010. The meeting was called to order by Council President Truman at 5:00 PM. Present: Council President Truman, Councilmembers Brunner, McDonald, Perrotto, Rashkin, and Steeber. Councilmember Voskuil arrived at 5:05 PM. Review of Economic Development tools and strategies and discuss future economic and development approaches Vic Grassman, Economic Development Director, reviewed the City’s current economic development goals, processes and policy statement. The City’s objectives are to diversify the economic base, assist in the creation of new jobs and preserve existing jobs, and build the City’s tax base. The City is partnering with businesses in Rock County to raise $1 million in private funds to promote economic development. The funds would be used to attract and retain businesses in this area over the next five years. In addition, he reviewed several suggestions to enhance the City’s Economic Development Policy. The Council requested that the Administration bring back the proposed economic development enhancements for their review and action. They believe that all options should be used to make the City of Janesville competitive to attract businesses. Matters not on the Agenda There were none. Councilmember Steeber moved to adjourn, seconded by Councilmember McDonald and passed unanimously. There being no further business, Council adjourned at 6:19 PM. These minutes are not official until approved by City Council. Jean Ann Wulf City Clerk-Treasurer JANESVILLE CITY COUNCIL LICENSE AGENDA 3/22/2010 RECOMMENDED A. ELECTRICIANS–ORIGINAL Tim L. Graffin 1614 Stacy Ln., Ft. Atkinson, WI Ronald B. Walenton 704 W. Walworth, Whitewater, WI B. SIGN ERECTOR–ORIGINAL PARAGON INSTALLATIONS, INC. 13529 Skinner Rd., Cypress, TX CITY ATTORNEY’S OFFICE MEMORANDUM March 8, 2010 TO: City Council FROM: Tim Wellnitz, Assistant City Attorney SUBJECT: Authorization for the Administration to Approve a Liability Claim from Kathryn and Michael Davis in the Amount of $9,759.77 On January 11, 2008, Kathryn and Michael Davis were involved in a motor vehicle accident with a City of Janesville Police Department squad car causing personal injuries to both of them. On November 17, 2009, a claim was received from Pitman, Kyle & Sicula, S.C. for the personal injuries received by Kathryn and Michael Davis. I have negotiated settlement of this claim contingent on Common Council approval in the amount of $9,759.77 ($6,044.31 for Kathryn Davis and $3,715.46 for Michael Davis). After investigating this incident, and with the concurrence of the City’s Insurance Claims Representative at Cities & Villages Mutual Insurance Company (CVMIC), it has been determined that the City should approve this claim. Resolution 89-1175, establishing our claims administration procedure, states in section 4.3a: The City Claims Administrator shall review, investigate, verify and within ninety (90) days of receiving such claim, prepare and forward a written recommendation to the Common Council for its review, consideration, and action each and every claim in face amount greater than Five Thousand Dollars ($5,000). I recommend that the City Council approve by consent and authorize the Administration to approve the claim received from Kathryn and Michael Davis in the amount of $9,759.77. cc: Eric Levitt, City Manager Jacob J. Winzenz, Director of Administrative Services/Assistant City Manager J:\Finance & Administration\Finance Administration\Risk\Claims-Word\City Council Memos\Davis, Kathryn & Michael - Revised Offer for Council Approval.doc ACCOUNTING DIVISION MEMORANDUM March 10, 2010 TO: City Council FROM: Patty Lynch, Comptroller SUBJECT: Financial Statement for the Months of January and February 2010 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. Year-To-Date February ExpendituresCompared to Three-Year Average Current YTD3 Yr. Avg. 30% Percent of Total Budget 25% 20% 15% 10% 5% 0% General FundWater -Wastewater - OperatingOperatingSanitation January and February 2010 Financial Statement March 10, 2010 Page 2 REVENUE SUMMARY The graph below indicates General Fund and Wastewater revenue has been earned as anticipated. Year-To-Date February RevenuesCompared to Three-Year Average Current YTD3 Yr. Avg. 45% 40% Percent of Total Budget 35% 30% 25% 20% 15% 10% 5% 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 $409,121 at February 28, 2010. 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 $622,148 due to the timing of grant reimbursements. Special Revenue Fund Balance (page 5) ? The Hedberg Public Library recognized property tax revenue in the amount of $3,141,812 in January. ? The Golf Courses fund has a negative fund balance of $64,425. This is due to the January transfer of its debt service payment ($53,803) to the debt service fund. ? TIF 3 has a positive balance of $244,631. The positive balance will be used to repay the general fund advance plus accrued interest. ? At February 28, 2010, the TIF districts have a combined deficit fund balance of $690,045. However, TIF projections indicate the districts will reach a positive fund January and February 2010 Financial Statement March 10, 2010 Page 3 balance before they expire. ? Landfill long-term care of site #3023 ($120,267) will be reimbursed by an insurance policy we have in place for post closure care. Capital Projects Fund (page 6) ? 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. General Fund (page 7-10) ? The General Fund has recognized $14,484,165 in property tax revenue for tax collections received through January 31, 2010. ? State Highway aids of $656,388 were received in January. A representative of the Administrative Services Department will be available at the Council Meeting on March 22, 2010 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/Assistant City Manager Eric J. Levitt, City Manager Community Development Department Memorandum March 9, 2010 TO: Janesville City Council FROM: Duane Cherek, Manager of Planning Services SUBJECT: Second reading, public hearing and action on a proposed ordinance rezoning property located at 1102 Pliny Avenue from R2 to M2 (File Ordinance No. 2010-451). SUMMARY Frank Donahue has requested the rezoning of property located at 1102 Pliny Avenue from R2, Limited General Residence District, to M2, General Industrial District. The subject property includes a vacant lot that measures 66 feet in width by 165 feet in depth, located immediately south of the Wisconsin & Southern Railroad in the 1100 block of Pliny Avenue. The applicant is requesting the rezoning of the property to an industrial classification to allow for open storage use on the site. Outdoor storage yards are no permitted in any residential zone district. A public hearing has been scheduled to precede action on this request. DEPARTMENT RECOMMENDATION The Plan Commission and Community Development Department recommend that following a public hearing, the City Council support a motion to find the request to rezone property located at 1102 Pliny Avenue from R2 to M2 inconsistent with the Comprehensive Plan and to deny the adoption of Ordinance No. 2010-451. CITY MANAGER’S RECOMMENDATION The City Manager defers to the Plan Commission’s recommendation. SUGGESTED MOTION A motion to find the request to rezone property located at 1102 Pliny Avenue from R2 to M2 inconsistent with the Comprehensive Plan and to deny the adoption of Ordinance No. 2010-451. BACKGROUND A. The subject property includes a vacant residential lot, approximately 0.25 acres in size, located along Pliny Avenue immediately south of the Wisconsin & Southern railroad corridor. Pliny Avenue consists of an unimproved street that provides access to the lot; no curb, gutter or street paving improvements are in place. The historical use of the property is single-family residential. In 2002, a single-family dwelling and detached garage were removed from the site and the lot was restored in green space. In 2006, the applicant purchased the subject property and the adjoining vacant lot to the south. Sometime thereafter, he began to utilize the subject property for outdoor storage of a wide variety of items that include vehicles, trailers, boats, tires, appliances, fencing materials and other miscellaneous materials. The Neighborhoods Services Department was notified of this activity based on a complaint and has been working with the applicant to obtain compliance by removing the storage items from the lot. Since outdoor storage is prohibited in residential districts, a request to rezone the property to M2, General Industrial District was submitted by the applicant. B. The subject property is situated along the eastern edge of a residential neighborhood zoned R2, Limited General Residence District. Undeveloped land directly to the east is zoned M2, General Industrial and is in cropland use. The Wisconsin and Southern Railroad adjoins the property to the north and because of its elevated nature, essentially serves as barrier to the north. Vacant lots adjoin the site along the west and south property lines; however, single family development is the predominant land use in the greater surrounding area. The subject property is part of one of the City’s early subdivision plats, being recorded in 1892. Residential zoning has been in place since 1951. C. The Future Land Use Map, which is land use component of the City’s Comprehensive Plan designates the subject property as single-family residential. That designation reflects the historical use of the property and its inclusion as part of the larger surrounding residential district located east of Beloit Avenue. The Future Land Use Map illustrates that Pliny Avenue forms the boundary between established residential development to the west and future industrial land use to the east. It also identifies a future greenbelt area to be located along the east side of Pliny Avenue to accommodate storm water drainage. This would further separate existing residential development from future land use that may occur east of Pliny Avenue. Considering these factors, rezoning the property to the M2, General Industrial, would not be consistent with the Comprehensive Plan. D. Beyond the recommendations provided by the Comprehensive Plan, staff objects to the proposed rezoning for a variety of reasons. We would like to point out that even though the subject site is accessed from an unimproved public street and adjoins the railroad corridor, it is still part of a residentially developed neighborhood and block of homes along E. State Street and Bouchard Avenue that are directly impacted by the applicant’s on-going use of the property for outdoor storage purposes. Map 2 provides an aerial photograph of the site and staff has attached other pictures illustrating current use of the property. The storage activity is clearly visible to owners of adjoining residential properties and staff has received a complaint about the accumulation of debris on the site. Additionally, the property owner is utilizing a portion of the Pliny Avenue street right-of-way as well as the railroad property for storage of vehicles, trailers and other materials. Staff believes that an expansion of industrial zoning is inappropriate in this location, particularly for this type of activity adjoining residential, and recommends the request be denied. E. Staff has been contacted by residents in the area who have expressed their displeasure with the owner’s use of the property and his request to rezone the site to continue the outdoor storage. Some of those individuals attended the public hearing in opposition to the rezoning or submitted letters, as attached to the report. PLAN COMMISSION MINUTES Duane Cherek, Manager of Planning Services, presented the written staff report. Commissioner Zolidis asked about the definition of outdoor storage yards and Cherek answered it typically involved the storing of items located on the outside of a building enclosure (such as a manufacturing facility) where items are screened from view and within a zone district that permits it. Commissioner Perrotto asked if the applicant was aware of what the property was zoned when he purchased it. Cherek stated in his conversations with the applicant, Mr. Donahue indicated that he was aware it was residential. Cherek added that the site had been zoned residential since 1951 and had previously been developed with a residential structure that was demolished before Mr. Donahue bought property. The public hearing was opened and the following persons appeared to speak on this item. ? Allen Ellefson, 1245 Bouchard, stated that multiple vehicles had been parked on the site since last fall and he had concerns about the potential for gas, oil and other fluids dripping off these vehicles and causing contamination. He stated that several property owners in the area owned two adjoining lots; one containing their home and the other a vacant lot, and was concerned that other vacant lots could be sold and rezoned to industrial if this requested zoning change was approved. He asked if the owner would be able to build a garage on the property with it’s current residential zoning. Chairperson Helgerson indicated that Neighborhood Services could possibly address the contamination question and Cantrell answered that the residential district does not allow the construction of a garage prior to the construction of a home. The residential zoning also would not allow a garage solely used for commercial storage. Commissioner Werner asked Mr. Ellefson if he was in favor of the zoning change and Mr. Ellefson answered that he was not in favor as all of the properties west of Pliny were residential lots containing homes and he would like it to remain that way. ? Sandra Duncan, 127 E State Street, stated she was opposed to changing the zoning of this property. ? Jerry Aiken, speaking for the applicant, stated that this zoning change was requested because he would like to purchase property, clean it up and build a pole barn on it to store his tree-trimming truck and chipper. ? Jean Rasmussen, 1109 Bingham, stated she was opposed to the zoning change as it could open up doors for other rezoning requests on adjoining lots and may bring in uses which could potentially create more traffic in the area. The public hearing was closed. Chairperson Helgerson indicated that a letter was received from Diane Woychik, residing at 1109 Bouchard, expressing her opposition to the zoning change. Chairperson Werner asked if the applicant had been working with the city to bring his property into compliance. Cherek indicated that enforcement was being conducted through the Neighborhood Services Department. He stated that the City had received a complaint in January of 2009 and an Order to Correct was sent to the owner. He indicated that City Staff worked with Mr. Donahue to achieve compliance throughout 2009, but he filed a petition to rezone the property in August of 2009. After talking with staff, Mr. Donahue withdrew his rezoning application and Neighborhood Services continued to pursue enforcement actions. Mr. Donahue then submitted another rezoning application in early 2010. Cherek indicated that City Staff tries to work with property owners to achieve compliance but have not been able to in this situation. There was a motion by Commissioner Perrotto with a second by Commissioner Werner to deny the requested zoning change, to find it inconsistent with the Comprehensive Plan and forward a negative recommendation to the City Council. Commissioner Werner added that the owner was well aware the property was zoned residential when it was purchased and it’s only fair to the neighbors to keep it as such. The motion carried on a 7-0-0 vote. FISCAL IMPACT This request involves a change in zoning of an R2-zoned property to M2 for the purpose of allowing the owner to use the site for outdoor storage of miscellaneous items. The subject property consists of a residential lot located on the edge, but within an established residential neighborhood. When outdoor storage occurs in this manner it is generally not compatible and tends to have a negative impact on surrounding residences. Staff believes that future use of the site for residential purposes is a viable land use, but rezoning for industrial-type activities is not. The fiscal impact associated with this rezoning is difficult to measure, but likely negligible. Of greater significance, however, is the negative impact such a rezoning would have on surrounding residences. cc: Brad Cantrell Óï Óî ÍËÞÖÛÝÌ Í×ÌÛ Îî q Æ±²» Ü·¬®·½¬ Þ±«²¼¿®·» Ô»¹»²¼ Îï Í·²¹´»óÚ¿³·´§ ú Ì©± Ú¿³·´§ Î»·¼»²½» Ü·¬®·½¬ Ñí Ò»·¹¸¾±®¸±±¼ Ñºº·½» Ü·¬®·½¬ Óï Ô·¹¸¬ ×²¼«¬®·¿´ Ü·¬®·½¬ ÎïÜ Ì©± Ú¿³·´§ Î»·¼»²½» Ü·¬®·½¬ Þï Ò»·¹¸¾±®¸±±¼ Ý±²ª»²·»²½» Ü·¬®·½¬Óî Ù»²»®¿´ ×²¼«¬®·¿´ Ü·¬®·½¬ Îî Ô·³·¬»¼ Ù»²»®¿´ Î»·¼»²½» Ü·¬®·½¬ Þî Ý±³³«²·¬§ Í¸±°°·²¹ Ü·¬®·½¬Óí Ý»²¬®¿´ Ô·¹¸¬ ×²¼«¬®·¿´ Ü·¬®·½¬ Îí Ù»²»®¿´ Î»·¼»²½» Ü·¬®·½¬ Þí Ù»²»®¿´ Ý±³³»®½·¿´ Ü·¬®·½¬Óì Ý»²¬®¿´ Ù»²»®¿´ ×²¼«¬®·¿´ Ü·¬®·½¬ Ü¿¬»æ çñçñðç ÎíÓ Ó»¼·«³ Ü»²·¬§ Î»·¼»²½» Ü·¬®·½¬ Þì Þ«·²» Ø·¹¸©¿§ Ü·¬®·½¬ß ß¹®·½«´³¬«®¿´ Ü·¬®·½¬ Îì Ý»²¬®¿´ Î»·¼»²½» Ü·¬®·½¬ Í½¿´»æ ïþã îððù Þë Ý»²¬®¿´ Þ««·²» Ü·¬®·½¬ Ó Ó·²·²¹ Ü·¬®·½¬ Ñï Ñºº·½» ñ Î»·¼»²½» Ü·¬®·½¬ Þê Ý»²¬®¿´ Í»®ª·½» Ü·¬®·½¬ Ý Ý±²»®ª¿²½§ Ü·¬®·½¬ Ó¿° Ý±±®¼·²¿¬»æ Òóïí Ñî Ý»²¬®¿´ Ñºº·½» ñ Î»·¼»½» Ü·¬®·½¬ ÞÌ Þ«·²» Ì»½¸²±´±¹§ Ü·¬®·½¬ ÔÑÝßÌ×ÑÒ ñ ÆÑÒ×ÒÙ ÓßÐ Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ ÎÛÆÑÒ×ÒÙ ÑÚ ÐÎÑÐÛÎÌÇ ßÌ ÓßÐ ï ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ ïïðî ÐÔ×ÒÇ ßÊÛÒËÛ ÍæÐ®±¶»½¬ÄÐ´¿²²·²¹ÄÝ¿»ÄÒóïíÁÎ»¦±²»óïïðî Ð´·²§ ßª» ORDINANCE NO. 2010-451 An ordinance changing the zoning classification of 1102 Pliny Avenue from R2, Limited General Residence District, to M2, General Industrial District, with a penalty and injunctive relief for a violation thereof as set forth in Section 18.28.010 of the Code of General Ordinances of the City of Janesville. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. The zoning classification of the following described property is hereby changed from R2, Limited General Residence District, to M2, General Industrial District: Property located in part of the NW.1/4 of Section 6, T.3N., R.13E., City of Janesville, Rock County, Wisconsin, more fully described as follows: Lot 129 of Carrington’s Crown Addition, a plat recorded in the Rock County Register of Deeds Office, Rock County, Wisconsin; and including the west ½ of Pliny Avenue right- of-way, approximately 33 ft., adjacent to said Lot 129. SECTION II. This ordinance shall take effect immediately upon adoption by the Common Council, the public health, welfare, peace, tranquility, good order, public benefit, and police power so requiring. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner McDonald Eric J. Levitt, City Manager Perrotto Rashkin ATTEST: Steeber Truman Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: City Attorney Proposed by: Applicant Prepared by: Community Development Department DEPARTMENT OF PUBLIC WORKS MEMORANDUM March 10, 2010 TO: City Council FROM: Mike Payne, Engineering Manager SUBJECT: SECOND READING, PUBLIC HEARING AND ACTION ON AN ORDINANCE CREATING SECTION 13.20 – STORMWATER ILLICIT DISCHARGE ORDINANCE OF THE MUNICIPAL CODE (FILE ORDINANCE NO. 2010-452) Summary The City is regulated under a Wisconsin Pollution Discharge Elimination System (WPDES) Municipal Separate Storm Sewer System Permit by the Department of Natural Resources (WDNR). This permit requires the City to address stormwater quality through a number of measures. One of these being the establishment of an illicit discharge program to detect and remove illicit discharges to the municipal strom sewer system. Illicit discharges are basically anything other than clear water; examples of clear water include rain water, lawn irrigation or air conditioning condensation. Proposed Ordinance No. 2010-452 specifically addresses this WDNR permit requirement. The Ordinance gives the City the authority to properly identify illicit discharges; to work with property owners to correct illicit discharges; and to impose penalties and recover costs for the correction of these discharges when necessary. AECOM assisted Engineering with drafting this Ordinance, which is very similar to ordinances adopted by other municipalities in Wisconsin to satisfy WDNR requirements. File Ordinance No. 2010-452 was introduced at the March 8, 2010 Council meeting. The public hearing and Council action on the Ordinance is scheduled for March 22, 2010. Recommendation Following the public hearing, the Engineering Division supports creating the attached stormwater illicit discharge ordinance as required by WDNR. Suggested Motion I move to adopt File Ordinance 2010-452 creating section 13.20 of the Municipal Code regulating stormwater illicit discharge. City Manager’s Recommendation The City Manager recommends approval. \\petey\cojhome\agenda review\approved agenda items\2010\3-22-2010\illicit discharge - memo.doc Attachment – Proposed Ordinace 2010-452 cc: Eric Levitt Jacob J. Winzenz Carl Wber \\petey\cojhome\agenda review\approved agenda items\2010\3-22-2010\illicit discharge - memo.doc ORDINANCE NO. 2010 – 452 An ordinance creating Chapter 13.20 of the Code of General Ordinances of the City of Janesville controlling illicit discharge to, and illegal connections with the city’s publicly owned and operated separate storm sewer system, with penalties and other relief for violations thereof as set forth in proposed JGO 13.20.120. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Chapter 13.20 of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: “CHAPTER 13.20 Storm Sewer System Illicit Discharge and Illegal Connection Prevention Ordinance SECTIONS: 13.20.010 PURPOSE/INTENT. 13.20.020 DEFINITIONS. 13.20.030 APPLICABILITY. 13.20.040 RESPONSIBILITY FOR ADMINISTRATION. 13.20.050 COMPATIBILITY WITH OTHER REGULATIONS 13.20.060 SEVERABILITY. 13.20.070 ULTIMATE RESPONSIBILITY. 13.20.080 DISCHARGE PROHIBITIONS AND OTHER PROHIBITIONS. 13.20.090 COMPLIANCE MONITORING 13.20.100 REQUIREMENT TO PREVENT, CONTROL, AND REDUCE ACCIDENTAL DISCHARGE OF PROHIBITED MATERIALS OR OTHER WASTES 13.20.110 NOTIFICATION OF SPILLS. 13.20.120 VIOLATIONS, ENFORCEMENT, AND PENALTIES. 13.20.130 APPEAL OF NOTICE OF VIOLATION. 13.20.140 ENFORCEMENT MEASURES AFTER APPEAL 13.20.150 COST OF ABATEMENT OF THE VIOLATION. 13.20.160 VIOLATIONS DEEMED A PUBLIC NUISANCE. 13.20.170 ADOPTION OF ORDINANCE. 13.20.010 PURPOSE -- INTENT. The purpose of this ordinance Chapter is to provide for the health, safety, and general welfare of the citizens of the City of Janesville through the regulation of non-storm water discharges to the MS4 to the maximum extent practicable as required by federal and state law. This ordinance establishes methods for controlling the introduction of non-storm water pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the Wisconsin Pollutant Discharge Elimination System (WPDES) permit process. The objectives of this ordinance are: (1) To regulate the contribution of non-storm water pollutants to the MS4 by storm water discharges by any user. (2) To prohibit illicit connections and discharges to the MS4. (3) To establish legal authority to carry out all inspection, surveillance, monitoring, and enforcement procedures necessary to ensure compliance with this ordinance. 13.20.020 DEFINITIONS. For the purposes of this Chapter, the following shall mean: Authorized Enforcement Agency. The City of Janesville. The Director of Public Works for the City of Janesville or designees of the Director of Public Works for the City of Janesville. Best Management Practices (BMPs). Structural or non-structural measures, practices, techniques, or devices employed to avoid or minimize soils, sediments, or pollutants carried in runoff to waters of the state. Contaminated storm water. Storm water that comes into contact with material handling equipment or activities, raw materials, intermediate products, final products, waste materials, byproducts or industrial machinery in the source areas listed in NR 216 (effective August 1, 2004), as from time to time amended or renumbered. Department (DNR). The Wisconsin Department of Natural Resources. Discharge. As defined in Wisconsin Statute Chapter 283 Pollution Discharge Elimination (November 1, 2005), as from time to time amended or renumbered, when used without qualification includes a discharge of any pollutant. Discharge of pollutant or discharge of pollutants. As defined in Wisconsin Statute Chapter 283 (November 1, 2005), as from time to time amended or renumbered, means any addition of any pollutant to the waters of this state from any point source. Hazardous Materials. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Illicit Discharge. Any discharge to a municipal separate storm sewer system that is not composed entirely of storm water except discharges authorized by a WPDES permit or other discharge not requiring a WPDES permit such as landscape irrigation, individual residential car washing, fire fighting, diverted stream flows, uncontaminated groundwater infiltration, uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, lawn watering, flows from riparian habitats and wetlands, and similar discharges. Illicit Connections. An illicit connection is defined as either of the following: (A) Any drain or conveyance, whether on the surface or subsurface that allows an illicit discharge to enter the MS4 including but not limited to any conveyances that allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the MS4 and any connections to the MS4 from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; and/or, (B) Any drain or conveyance connected to the MS4 from a parcel of land. which has not been documented in plans, maps, or equivalent records and approved by the Department of Public Works. Industrial Activity. Activities subject to WPDES Industrial Permits per NR 216 (effective August 1, 2004) and Wisconsin Statute 283 (November 1, 2005), both as respectively from time to time amended or renumbered. Municipality. The: City of Janesville, a Wisconsin Municipal Corporation. Municipal Separate Storm Sewer System (MS4). As defined in Wisconsin Administrative Code NR 216 (effective August 1, 2004), as from time to time amended or renumbered, means a conveyance or system of conveyances including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, channels or storm drains, which meets all the following criteria: (a) Owned or operated by a municipality; (b) Designed or used for collecting or conveying storm water; (c) Which is not a combined sewer conveying both sanitary and storm water. For the City of Janesville, this definition explicitly includes, but is not limited to, the identified Green Belt system and any and all additions thereto. Non-Storm Water Discharge. Any discharge to the MS4 that is not composed entirely of storm water. Owner. Any person holding fee title, an easement, or other interest in property Outfall. The point at which storm water is discharged from an MS4 to waters of the state or to a storm sewer of another permitted MS4 system. Person. An individual, owner, operator, corporation, partnership, cooperative, association, limited liability company, limited liability partnership, entity of whatever other kind or nature, municipality, interstate agency, state agency, or federal agency. Pollutant. As defined in Wisconsin Statute 283 (November 1, 2005), as from time to time amended or renumbered, means any dredged spoil, solid waste, incinerator residue, sewage, garbage, refuse, oil, sewage sludge, munitions, chemical wastes, biological materials, radioactive substance, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal and agricultural waste discharged into water. Pollution. As defined in Wisconsin Statute 283 (November 1, 2005), as from time to time amended or renumbered, means any man-made or man-induced alteration of the chemical, physical, biological or radiological integrity of water. Pollution prevention. Taking measures to eliminate or reduce pollution or a pollutant. Premises. Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. Storm Water. Runoff from precipitation including rain, snow, ice melt, or similar water that moves on the land surface via sheet or channelized flow. Storm Water Management Plan/ Stormwater Pollution Prevention Plan: A document which describes the activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to Stormwater, Stormwater Conveyance Systems, and/or Receiving Waters to the Maximum Extent Practicable. Wastewater. Any water or other liquid, other than uncontaminated storm water, discharged from a facility. Watercourse. A natural or artificial channel through which water flows. These channels include: all blue and dashed blue lines on the USGS quadrangle maps, all channels shown on the soils maps in the NRCS soils book for Rock County, Wisconsin, as from time to time amended, and new channels that are created as part of a development. The term watercourse includes waters of the state as herein defined and channelized systems that are not waters of the state including the City of Janesville’s identified Green Belt system. Waters of the state. As defined in Wisconsin Statute 283 (November 1, 2005), as from time to time amended or renumbered, means those portions of Lake Michigan and Lake Superior within the boundaries of Wisconsin, all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, water courses, drainage systems and other surface water or groundwater, natural or artificial, public or private within the state or under its jurisdiction, except those waters which are entirely confined and retained completely upon the property of a person. Wisconsin Pollutant Discharge Elimination System (WPDES) Storm Water Discharge Permit. A Wisconsin pollutant discharge elimination system permit issued pursuant to Wisconsin Statute 283 (November 1, 2005), as from time to time amended or renumbered. 13.20.030 APPLICABILITY. This Chapter shall apply to all water entering the City of Janesville’s MS4 generated on any lands unless explicitly exempted by an authorized enforcement agency. 13.20.040 RESPONSIBILITY FOR ADMINISTRATION. The Department of Public Works and/or its agents shall administer, implement, and enforce the provisions of this Chapter, together with such others as may from time to time be designated by the City Manager. Any and all powers granted and/or duties imposed upon the Department of Public Works and/or the Director of Public Works may be delegated in writing by the Director of Public Works and/or the City Manager to person(s) or entity(ies) acting in the beneficial interest of and/or in the employ of the City and/or agency. 13.20.050 COMPATIBILITY WITH OTHER REGULATIONS This Chapter is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this ordinance are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. 13.20.060 SEVERABILITY. The provisions of this Chapter are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this Chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or applicability of the remaining provisions, requirements, mandates, or scope of this Chapter. 13.20.070 ULTIMATE RESPONSIBILITY. The standards set forth herein and promulgated pursuant to this Chapter are minimum standards; therefore this Chapter does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants, or violations hereof. 13.20.080 DISCHARGE PROHIBITIONS. (A) Prohibition of Illicit Discharges and other Prohibitions. (1) No person shall throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the City of Janesville’s MS4 any pollutants or waters containing any pollutants, other than storm water. (2) Every person owning property through which a watercourse passes, or such person’s lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, or pollutants that would pollute or contaminate water. (B) Allowed Discharges. (1) Water line flushing, landscape irrigation, diverted stream flows, rising ground waters, uncontaminated pumped ground water, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water. (2) Discharges or flow from firefighting, and other discharges specified in writing by the Department of Public Works as being necessary to protect public health and safety. (3) Discharges associated with dye testing, however this activity requires a verbal notification to the Department of Public Works and the Department of Natural Resources a minimum of one day prior to the time of the test. (4) Any non-storm water discharge permitted under a WPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Wisconsin Department of Natural Resources. Any person subject to such a WPDES storm water discharge permit shall comply with all provisions of such permit. (C) Prohibition of Illicit Connections. (1) The construction, use, maintenance or continued existence of illicit connections to the MS4 is prohibited. (2) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. (3) A person is considered to be in violation of this ordinance if the person connects a line conveying sewage or pollutants to the MS4, or allows such a connection to continue. (4) Improper connections in violation of this ordinance must be disconnected and redirected, if necessary, to an approved onsite wastewater management system or the sanitary sewer system upon approval of the Department of Public Works. (5) Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the storm sewer system, shall be located by the owner or occupant of that property upon receipt of written notice of violation from the Department of Public Works requiring that such locating be completed. Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be determined, that the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified. Results of these investigations are to be documented and provided to the Department of Public Works. 13.20.090 COMPLIANCE MONITORING (A) Right of Entry: Inspecting and Sampling. The Department of Public Works shall be permitted to enter and inspect facilities subject to regulation under this ordinance as often as may be necessary to determine compliance with this ordinance. (1) If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the Department of Public Works upon proper notification. (2) Facility operators shall allow the Department of Public Works ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records. The Department of Public Works shall follow all safety requirements of the facility. (3) The Department of Public Works and all City employees performing any activity concerning any part of this Chapter shall have the right to set up upon any facility any and all such devices as are necessary in the opinion of the Director of Public Works and/or City Manager to conduct monitoring and/or sampling of the facility’s storm water discharge. The Department of Public Works shall establish such devices in a manner such that interference with facility operations is minimized. (4) The Department of Public Works has the right to require the discharger to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy. (5) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the Department of Public Works and shall not be replaced. The costs of clearing such access shall be borne by the operator. (6) Unreasonable delays in allowing the Department of Public Works access to a facility is a violation. A person who is the operator of a facility commits an offense if the person denies the Department of Public Works or any agent thereof reasonable access to the facility for the purpose of conducting any activity authorized or required by this ordinance. (B) Special Inspection Warrant If the Department of Public Works or any agent thereof has been refused access to any part of the premises from which storm water is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of any provision of this Chapter, and/or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this Chapter or any order issued hereunder, and/or to protect the overall public health, safety, and welfare of the City and/or community, and/or to any person, then the Director of the Department of Public Works, and/or the City, and/or City Manager, and/or City Attorney may seek issuance of a special inspection warrant, pursuant to Wis. Stats. § 66.0119, as from time to time amended or renumbered. 13.20.100 REQUIREMENT TO PREVENT, CONTROL, AND REDUCE ACCIDENTAL DISCHARGE OF PROHIBITED MATERIALS OR OTHER WASTES The owner, possessor, or operator of any property, activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, the MS4, or waters of the State shall provide, solely at his/her/their own cost and expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal MS4 or watercourses through the use of structural and non-structural BMPs. Further, any person responsible for a property or premise, that is, or may be, the source of an illicit discharge, may be required to implement, at said person’s expense, additional structural and/or non-structural BMPs to prevent the further discharge of pollutants to the MS4. Compliance with all terms and conditions of a valid WPDES permit authorizing the discharge of storm water associated with industrial activity, to the extent practicable as determined by the Director of Public Works, shall be deemed compliance with the provisions of this section. 13.20.110 NOTIFICATION OF SPILLS. (A) As soon as any person responsible for a facility or operation, has information of any known or suspected release of materials which are resulting or may result in illicit discharges or pollutants discharging into the MS4, or a watercourse, said person shall immediately take all necessary steps to ensure the discovery, containment, and cleanup of such release. (B) In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the Department of Public Works in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Department of Public Works postmarked by the next business day. (C) If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall prepare a written record of the discharge and the actions taken to clean up and prevent its recurrence. Such records shall be personally delivered or mailed via certified mail to the City of Janesville Department of Public Works. (D) Failure to provide notification of a release as provided above is a violation of this ordinance. (E) This section does not replace, or relieve the property owner of or from any federal or state spill response regulations or requirements. 13.20.120 VIOLATIONS, ENFORCEMENT, AND PENALTIES. (A) Violations. (1) It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this ordinance. Any person who has violated or continues to violate the provisions of this ordinance, may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise abated in a manner provided by law. (2) In the event the violation constitutes an immediate danger to public health or public safety, the Department of Public Works is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation including suspension of MS4 access. The Department of Public Works is authorized to seek costs of the abatement as outlined elsewhere in this Chapter. (B) Notice of Violation. Whenever the Department of Public Works finds that a person has violated a prohibition or failed to meet a requirement of this ordinance, the Department of Public Works may order compliance by written notice of violation to the responsible person. The Notice of Violation shall contain: (1) The name and address of the alleged violator; (2) The address when available or a description of the building, structure or land upon which the violation is occurring, or has occurred; (3) A statement specifying the nature of the violation; (4) A description of the remedial measures necessary to restore compliance with this ordinance and a time schedule for the completion of such remedial action; (5) A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; (6) A statement that the determination and/or notice of violation may be appealed to the City Plan Commission and then to the Common Council of the City of Janesville, all subject to judicial review in a circuit court solely in Rock County, Wisconsin, by filing a written notice of appeal within three (3) business days service of the City’s notice of violation; and (7) A statement specifying that, should the violator fail to restore compliance within the established time schedule, the work will be done by a designated governmental agency or contractor and the expense thereof shall be charged to the violator. Such notice of violation may require, without limitation: (1) The performance of monitoring, analyses, and reporting; (2) The elimination of illicit connections or discharges; (3) That violating discharges, practices, or operations shall cease and desist; (4) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; (5) Payment of a fine to cover administrative and remediation costs; and (6) The implementation of BMPs. (C) Prosecution and Penalties. (1) No person may violate or cause another to violate any provision, requirements, obligation, and/or mandate set forth in this Chapter. (2) Any person that has violated or continues to violate any provisions, requirement, obligation, and/or mandate set forth in this Chapter shall be liable to prosecution to the fullest extent of the law. (3) Each violator shall forfeit and pay a penalty not to exceed One Thousand Dollars ($1,000) for each violation -- (depending on the severity of the violation). Any person violating any of the provisions of this Chapter shall be subject to the relief, enforcement and penalties set forth in Chapter 15.80 of the Code of General Ordinances of the City of Janesville, as from time to time amended, revised, or renumbered. Comment [mp1]: This language was taken from the Erosion Control Ordinance 15.05.100 H for (4) In addition, in the event that the alleged violator fails to take the remedial measures set consistency purposes. forth in the notice of violation or otherwise fails to cure the violations described therein within the set time period specified by the City and/or any other authorized agency after the City, the Department of Public Works, and/or the Director of Public Works has/have severally or jointly taken one or more of the actions described above, the violator shall forfeit and pay a penalty not to exceed One Thousand Dollars ($1,000) per violation (depending on the severity of the violation).set forth in Chapter 15.80 of the Code of General Ordinances of the City of Janesville, as from time to time amended, revised, or renumbered. Comment [mp2]: Again for consistency purposes (5) In addition, each day’s continuance of each violation shall constitute a separate violation whether or not notice is provided. (6) In addition, and not in lieu thereof, each day that a violation remains unremedied after receipt of the notice of violation shall also constitute a separate violation. The City may concomitantly and/or separately seek and obtain other equitable and/or legal relief including, but not limited to, injunctive relief and abatement. All penalties, forfeitures, legal, and equitable relief and remedies shall be cumulative and not exclusive. The non- use of one remedy, relief, or penalty for any violation, event, or situation, shall not act as any waiver, estoppel, or other bar to seek and/or obtain such legal and/or equitable remedy, relief, and/or penalty for similar and/or other violations(s) hereof. Department of Public Works 13.20.130 APPEAL OF NOTICE OF VIOLATION (A) The Plan Commission for the City of Janesville shall serve as the board of appeals for purposes of this Chapter; then the Common Council of the City of Janesville. The Plan Commission and, if subsequently appealed thereto, the Common Council: (1) Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the City Engineer and/or the Director of Public Works in except administering this Chapter for cease and desist order(s). (2) Upon appeal, may authorize one or more variance(s) from one or more provision(s) of this Chapter but only if such variance(s): (a) are not contrary to the public interest; and (b) where owing to unique and/or special conditions, a literal enforcement of the applicable provision(s) of the Chapter will result in “unnecessary hardship”; and (3) Shall use the rules, procedures, duties, and powers authorized by other ordinances and/or state statute and/or law in hearing and deciding appeals and authorizing such variance(s). (B) WHO MAY APPEAL. Appeals to the Plan Commission and subsequently to the Common Council may be made by any aggrieved person, whether or not the affected property owner, and/or or by any elected or appointment official, officer, department, board, commission, of the City of Janesville affected by any decision of the Director of Public Works involving this Chapter. Department of Public Works 13.20.140 ENFORCEMENT MEASURES AFTER APPEAL (B) If any violation has not been fully remedied and/or corrected, pursuant to the requirements, obligations, mandates, and provisions set forth in this Chapter and/or as set forth in the Notice of Violation, and/or, in the event of an appeal, the municipal authority shall uphold the decision and/or order(s) of the Department of Public Works, Director of Public Works, City Manager, and/or her/his respective applicable designee(s), then representatives, employees, and agents of the Department of Public Works are authorized to enter upon the subject private property from time to time and at any time, and without prior or other notice, and take any and all measures the Director of Public Works, the City Manager, and/or his/her respective designee(s) determine from time to time and at any time, necessary, desirable, and/or helpful: (a) to abate the violation; and/or (b) protect the public good, health, welfare, peace, tranquility, and/or good order; (c) protect any person or property from harm or damage; and/or (d) to prevent further violation of this ordinance; and/or (e) to directly and/or indirectly protect the public waters of the state. . It shall be unlawful for any person, owner, agent or other in possession or control of any premises or property to refuse, prevent, obstruct, hinder, delay or not allow the government agency, City, City employees, agents, and representatives, and/or designated contractor(s) to enter upon the premises or property for the purposes set forth above in this Chapter. 13.20.150 COST OF ABATEMENT OF THE VIOLATION. The Department of Public Works of behalf of the City may recover, and the applicable property owner(s) shall pay to the City, any and all staff time; contractor time; time and overhead of staff and others; attorney’s fees; court costs; remediation and abatement costs, fees and expenses; payment(s) of any kind made, and/or obligations incurred by the City; and any and all other costs, fees, and expenses (“Costs”) directly and/or indirectly arising from and/or pertaining to the enforcement of any provision set forth in this Chapter. Such shall include, but not be limited to: costs of administration, city staff time, city expenses, private contractor work under contract with the city, sampling and monitoring expenses. The owner of the property shall be notified of the Costs. If the Cost amount due is not paid by the date determined by the municipal authority and/or City Clerk-Treasurer and/or her/his designee, the charges shall become a special charge against the property, shall constitute a lien on the property, and shall be collected as property taxes are revered. 13.20.160 VIOLATIONS DEEMED A PUBLIC NUISANCE. Any violation of any of the provisions set forth in this Chapter shall be declared and deemed a nuisance, and may be summarily abated or restored at the violator’s sole cost and expense. 13.20.170 ADOPTION OF ORDINANCE. Upon passage, this ordinance Chapter shall be in full force and effect the day after publication ADOPTED: Motion by: Second by: Councilmember Aye Nay Pass Absent APPROVED: Brunner Eric J. Levitt, City Manager McDonald Perrotto ATTEST: ______ Rashkin Jean Ann Wulf, City Clerk-Treasurer Steeber Truman APPROVED AS TO FORM: Voskuil _________________________________ Wald Klimczyk, City Attorney Proposed by: Tim Whitaker, Engineering Prepared by: WDNR, Engineering, City Attorney Community Development Department Memorandum March 15, 2010 TO: City Council FROM: Gale Price, AICP, Manager of Building and Development Services SUBJECT: Action on a proposed resolution authorizing the League of Women voters th to erect signs on banner posts celebrating the 90 anniversary of the creation of the organization. (File Resolution No. 2010-685) Summary Kay Dupree of the League of Women Voters of Janesville is requesting authorization to th erect signs celebrating the 90 anniversary of the creation of the League of Women Voters on banner arms within the downtown area for a period of up to 45 days. Councilman Brunner & Council Vice President Voskuil have sponsored this request. Department Recommendation The Community Development Department recommends that the City Council support a motion to approve Resolution No. 2010-685 authorizing the placement of the requested signs. City Manager’s Recommendation The City Manager is supportive of the request by the League of Women voters. I have attached a sample policy that could be modified and adopted for future requests to be handled administratively. We have not put a fee in place, but that would be reasonable in the future since it may require staffing support. Suggested Motion th Move to approve Resolution No. 2010-685 permitting signs celebrating the 90 anniversary of the creation of the League of Women Voters on banner arms within the public right-of-way along public streets within downtown Janesville. Background A. Kay Dupree of the League of Women Voters of Janesville has requested that the City Council approve a resolution authorizing the placement of signs within the downtown on banner arms within the public right-of-way. The banner arms typically display banners for the Downtown Development Alliance and are also used for display of flower baskets during the summer months. B. The League of Women Voters is a nonpartisan political organization encouraging informed and active participation in government. It influences public policy through th education and advocacy. The League is celebrating nationally their 90 anniversary during 2010 calendar year. th C. The League as a part of the 90 anniversary desires to display signs celebrating the anniversary from banner arms on light poles over the public sidewalk along several streets in the downtown area. These banner arms typically display banners for the Downtown Development Alliance and other downtown activities. D. The proposed signs are 24 inches by 18 inches and would be hung from the banner arms on light poles within the downtown area. A picture of such a sign is attached. They would also be attached to the pole to prevent them from swinging in the wind. The signs would be permitted for up to 45 days. E. The Sign Ordinance generally prohibits the display of signs within the right-of-way unless authorized by the City Council. This type of sign is a “public sign” which includes signs of a noncommercial nature and in the public interest, and with approval of the proposed resolution, would be permitted by the governmental unit. F. Staff recommends approval of the resolution to allow the signs since the League of Women Voters are a public organization with a mission of education and promoting active participation in government. The group is a national organization celebrating a milestone anniversary. Staff believes that the small size and temporary nature of the signs is appropriate and should be approved. cc: Eric Levitt Jacob J. Winzenz Criteria & Procedure for Special Event Vertical Banner Permit Sample Request When requesting a permit to display vertical banners on existing light poles on Main Street or Milwaukee Street certain requirements will need to be satisfied by the applicant. These requirements are as follows: 1. The banners shall identify a cultural or civic event or recognition, which: ? Is sponsored by a non-profit organization or identifies an event which is of general community interest. ? Is open to the general public. ? Is designed to attract community-wide participation. ? Is located within the City of Janesville limits. ? Has obtained all necessary city permits. ? Banners shall not be politically partisan or religious in subject matter and shall not be used for advertising a specific product or corporate entity. 2. The maximum period that vertical banners may be displayed is thirty (30) consecutive days. 3. The application must be submitted a minimum of thirty (30) days prior to the banners being installed. 4. A permit fee of $______ must be paid at time of banner request. 5. The dates are reserved on a first come first serve basis. 6. Banners are meant to be festive and decorative. Bold, simple, and colorful designs are most effective. Banners must be printed on both sides with same design. 7. For optimum impact, it is suggested that the minimum number of banners requested per event should be six (6). 8. The sign copy on the banners shall be limited to the event title, corresponding information and logos. 9. A color drawing or photo of the banner design must be included with the application. 10. The City assumes no responsibility for loss or damage to the banners or for banners not picked up within one week from the date of notification. Should damage occur to any installed banners, the applicant will be notified and the City will request removal of the damaged banner. Criteria-Application.Doc RESOLUTION NO. 2010-685 th Action on a proposed resolution authorizing the use of signs celebrating the 90 anniversary of the League of Women Voters to be displayed on display arms on poles within the public right-of-way in the downtown area (League of Women Voters, Kay Dupree). WHEREAS, the League of Women Voters is an American institution known for its voter th education efforts which was created after passage of the 19 Amendment to the Constitution; and th WHEREAS, the League of Women Voters is celebrating its 90 year of existence in 2010; and th WHEREAS, the League of Women Voters of Janesville desires to celebrate the 90 year of the organization by display of signs on banner arms within the public right-of-way along several public streets within the downtown; and WHEREAS, the City of Janesville Sign Ordinance requires City Council authorization for the display of signs within the public right-of-way; and WHEREAS, the City Council finds that the signs are of a noncommercial nature and in the public interest; and NOW THEREFORE BE IT RESOLVED by the City Council that the display of signs th celebrating the 90 anniversary of the League of Women Voters is hereby authorized to take place on banner arms within the rights-of-way of downtown Janesville for a period not to exceed 45 days from there installation. BE IT FURTHER RESOLVED, that upon the completion of the 45 day period, the signs will be removed by representatives of the League. ADOPTED: Motion by: Second by: APPROVED: Council member Aye Nay Pass Absent Brunner Eric J. Levitt, City Manager McDonald Perrotto ATTEST: Rashkin Steeber Jean Ann Wulf, City Clerk-Treasurer Truman Voskuil APPROVED AS TO FORM: City Attorney, Wald Klimczyk Proposed by: City Plan Commission Prepared by: Community Development Department City Manager’s Office Memorandum March 22, 2010 TO: Janesville City Council FROM: Al Hulick, Management Analyst SUBJECT: Action on a Proposed Resolution Allowing Service Club Signage on City Welcome Signs (File Resolution 2010-684) Summary The Lions Club of Janesville has approached members of the City Council to ask permission to advertise or recognize local service clubs on the City’s “welcome” sign. Councilmembers Rashkin and Perrotto have requested that Staff create a policy to address their request. Many communities around the State allow service clubs to advertise on the City’s “welcome” sign as a way of recognizing the local service clubs commitment to the Community. File Resolution 2010-684 establishes a policy to place local service club plaques on the City of Janesville “welcome” signs. City Manager Recommendation After reviewing the issue, the City Manager recommends that prior to City Council approval the following steps be taken, if the Council desires to move forward with this request: ? Direct staff to work with other interest groups who currently have involvement in the welcome signs prior to modifying the signs to allow for placement of the service club signs. ? Limit the placement of the service club signs to one location. ? Outline the costs that the service clubs would need to pay. These costs would include the modification of the sign if necessary, the sign cost and the proportionate share of maintenance cost. We have attached a resolution if the Council chooses to move forward with approval tonight. Suggested Motion Move to direct staff to address the issues outlined in the City Manager recommendation and bring back the proposed resolution upon completing those steps. Or Move to approve File Resolution 2010-684 allowing service club signs to be placed on the City’s “welcome” signs. Request Councilmember Rashkin and Perrotto on behalf of the Janesville Lions Club request, have asked that Staff research allowing local service clubs to advertise their organizations on the City’s “welcome” signs. Several communities around the State have similar examples on their welcome signs, but staff could not find any example “policies” regarding the placement of these signs. Therefore, staff has prepared File Resolution 2010-684 to allow local service clubs to place plaques on the City’s “welcome” sign. Analysis Placing local service club signs, or plaques, on City’s “welcome” signs has been a long standing tradition in many communities around the State. Recognizing this, the Janesville Lions Club has approached members of the City Council to ask if the City of Janesville could adopt a similar practice. File Resolution 2010-684 defines Service Clubs as: Civic Leagues or organizations not organized for profit, but operated exclusively for the promotion of social welfare, or local associations of employees, the membership of which is limited to the employees of a designated person or persons in a particular municipality, and the net earnings of which are devoted exclusively to charitable, educational, or recreational purposes. This definition is consistent with the Internal Revenue Code definition for non-profit, Civic Organizations. The City’s current sign code (Chapter 14) indicates that signs of a non-commercial use and in the public interest can be erected by order of a governmental unit. This provision has been interpreted to allow the City Council to allow local service clubs to place their plaques on the City’s “welcome” sign. The City of Janesville has three major “welcome” entrance signs: Milton Avenue, Racine Street, and Center Avenue. File Resolution 2010-684 would allow qualified service clubs (as defined above) to place their official plaque on the City’s “welcome” signs in a manner and location as determined appropriate by the City’s Parks Director. Any costs associated with the installation of the plaques or modifications to the City’s “welcome” sign will be the responsibility of the Service Clubs. Additionally, any maintenance and/or replacement of these plaques will be the responsibility of the respective service club and will be done at no cost of the City. Some added information that staff wants to ensure that the Council is aware of is the fact that the Palmer Park Welcome sign was renovated by the Bower City Garden Club in 2009 through donations. The Club additionally is proposing to spend $4,000 to have a new welcome sign at the SW corner of hwy 14 and 26. Additionally, the South Side sign is on leased land owned by MacFarlane Pheasant Farm and they pay for the electricity to light the sign. Pros ? Many communities around the State allow service clubs to advertise on the City’s “welcome” sign as a way of recognizing the local service clubs commitment to the Community. ? The installation, modification, and maintenance of these plaques will be at no cost to the City of Janesville. Cons ? Placing Service Club signage on the City’s “welcome” signage could potentially open the door to other groups wanting to be represented. ? “Welcome” signs are typically placed within highly visible vistas and designed to be aesthetically appealing and congruent with the surrounding landscape. By adding additional, incongruent, accessory signage could lessen that aesthetical appeal. ? The installation of the new Palmer Park “welcome” sign was paid for by the Bower City Garden Club. This group is also working to replace the “welcome” signs located at on the southside and Milton Avenue. This club has not been involved in this proposal, and their support of the project has not been elicited.cc: Cc: Eric Levitt Jacob Winzenz RESOLUTION NO. 2010-684 RESOLUTION AUTHORIZING THE PLACEMENT OF SERVICE CLUB PLAQUES ON THE CITY OF JANESVILLE “WELCOME” SIGNS WHEREAS, Service Clubs have had a long-standing presence and commitment to the City of Janesville; and WHEREAS, many communities in the State of Wisconsin have a tradition of displaying Service Club plaques on their “welcome” signs; and WHEREAS, the City of Janesville, would like to recognize the immense contribution that local Service Clubs have made to the quality of life, education, and social welfare of the City of Janesville; and WHEREAS, the City of Janesville would like to further recognize these services clubs, by displaying their official plaques on the City of Janesville “welcome” signs to showcase those Service Clubs long-standing commitment to the community; and WHEREAS, the Common Council hereby find that such display would be in the interest of and benefit to the community. NOW THEREFORE BE IT RESOLVED, that Service Clubs are defined as: “Civic Leagues or organizations not organized for profit, but operated exclusively for the promotion of social welfare, or local associations of employees, the membership of which is limited to the employees of a designated person or persons in a particular municipality, and the net earnings of which are devoted exclusively to charitable, educational, or recreational purposes.” This definition is consistent with the Internal Revenue Code 501(c)(4)definition for non-profit, Civic Organizations; and BE IT FURTHER RESOLVED, that the Service Club plaque must be the official plaque of the respective Service Club, and the design and size of the plaque prior to installation must receive prior approval by the Service Club Board of Directors and the City of Janesville Parks Director; and BE IT FURTHER RESOLVED, that “welcome” signs are hereby defined as: signs on an entry- way to the City containing information regarding community or civic organizations, not to exceed either (a) one sign per entry-way per organization not to exceed two square feet in area each or (b) one sign per entryway for all such organizations not to exceed 12 square feet in area; all such signs subject to applicable regulations; and BE IT FURTHER RESOLVED, the Service Club plaques will be provided to the City of Janesville at no cost, that the Service Club will be responsible for any maintenance or replacement costs associated with the plaques, and that the Service Clubs will be responsible for the costs of any additional modifications to the City of Janesville “welcome” signs that are necessary to affix and maintain the plaques. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner McDonald Eric J. Levitt, City Manager Perrotto Rashkin ATTEST: Steeber Truman Jean Ann Wulf, City Clerk-Treasurer Voskuil APPROVED AS TO FORM: City Attorney, Wald Klimczyk Proposed by: Janesville City Council Prepared by: City Manager’s Office NEIGHBORHOOD SERVICES MEMORANDUM March 12, 2010 TO: City Council FROM: Kelly Lee, Neighborhood Development Specialist SUBJECT: Acquisition and Demolition of 215 Linn Street (File Res. 2010-683) 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 215 Linn 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 2009-683 authorizing the purchase of the property located at 215 Linn Street, at an acquisition price not to exceed $21,775 as part of the Neighborhood Stabilization Grant Program (NSP). City Manager Recommendation The City Manager concurs with the Neighborhood Services Department recommendation. Suggested Motion I move to approve file resolution 2009-683 authorizing the purchase of 215 Linn Street, at an acquisition price not to exceed $21,775.00 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 215 Linn Street is a foreclosed home owned by Federal Home Loan Mortgage Corporation out of McLean, Virginia. The structure is a single family, traditional style, two story home built in approximately 1900. The house has three bedrooms and one and a half baths and is approximately 1700 square feet. There is a small detached garage in poor condition on the parcel. The property is located in census tract 3, which has been identified as one of the areas of greatest need. The property is identified in fair 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. From the front façade this property has been re-sided, therefore an exterior evaluation from the street side may give a false impression of the condition of the property. Staff has toured the property and found the interior of the property in a considerable state of disrepair. The kitchen cabinets, counters and hardwood floor are in disrepair. The floors are not level and heave severely in the dining room area. One of the first floor bedrooms was damaged by a bathroom leak from the second floor. There are missing doors, severely cracked plaster, and signs of a leaking basement. The portion of the house that was not re-sided has extensive chipping and peeling paint. 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. Modern Appraisal has completed an appraisal on this property and found the fair market value to be $24,000. The project would include acquisition and demolition of the property funded by the Neighborhood Stabilization Program (NSP) grant. The estimated cost for demolition is $11,000. Once the home is demolished, Neighborhood Services will contact the adjoining property owners to determine if there is an interest in acquiring a portion of the vacant lot. 2 Any materials that are salvageable will be offered to Habitat for Humanity. The City has negotiated a conditional purchase price of $21,775. 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 3 which has been identified as one of the areas of greatest need in Janesville. The property is within walking distance of th both parks and schools. The property is listed as fair condition in the 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 will present the report during a special meeting of the Plan Commission to be held March 22, 2010. Staff anticipates that Plan Commission will approve as recommended. cc: Eric Levitt, City Manager Jay Winzenz, Dir. of Administrative Services/Assistant City Manager Jennifer Petruzzello, Neighborhood Services Director 3 RESOLUTION NO. 2010-683 RESOLUTION AUTHORIZING THE ACQUISITION AND DEMOLITION OF REAL PROPERTY LOCATED AT 215 LINN ST WHEREAS , Wis. Stats. §§ 62.22 (1), 62.23 (17) (a), 62.23 (17) (b), 66.0101, 62.11(5) and Chapter 32 and other pertinent Wisconsin Statutes permit the City’s acquisition, development, ownership, protection, and conservation of parkland, open space, riverfront properties, and development properties; and WHEREAS, 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 215 Linn Street in the amount of Twenty One Thousand Seven Hundred and Seventy Five dollars ($21,775.00); and WHEREAS , this property and structure satisfy the criteria and purposes of the City and the above programs; and WHEREAS , the Janesville Plan Commission has reviewed this proposed acquisition on March 22, 2010 and found it to be consistent with long range City plans, but not commenting upon the financial aspects of the transaction; and WHEREAS , the Common Council hereby find that said acquisition and demolition as set forth herein would act in the best interest in and for the benefit of the community, its residents, businesses, and their general welfare, good order, peace, and tranquility; 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 they hereby approve and authorize the City Manager and/or his designee(s) to acquire and close upon the City’s purchase of the Property from the owners 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: City Attorney, Wald Klimczyk Proposed by: Neighborhood Services Prepared by: Neighborhood Services DEPARTMENT OF PUBLIC WORKS MEMORANDUM 10 March 2010 TO: City Council FROM: Mike Payne, Engineering Manager SUBJECT: ACTION ON A PROPOSED PRELIMINARY RESOLUTION FOR PUBLIC WORKS BID SCHEDULE “B” – 2010 AND SCHEDULE A PUBLIC HEARING FOR THE FINAL RESOLUTION ON APRIL12, 2010 (FILE RES. NO. 2010-680) Summary Attached is Preliminary Resolution No. 2010-680 for an assessable project on Bid Schedule “B”-2010. This Resolution includes assessable sidewalk on eight (8) streets. The E. Rotamer Road sidewalk request was requested by the Milton School District and all other segments were requested by the public. By adopting this Preliminary Resolution, the City is declaring its intent to assess the abutting properties benefiting by these improvements. Recommendation The Engineering Division recommends Preliminary Resolution No. 2010-680 be adopted and the Final Resolution and Public Hearing be set for Monday, April 12, 2010. Suggested Motion I move to adopt Preliminary Resolution No. 2010-680 and schedule the Final Resolution and Public Hearing for Monday, April 12, 2010. Attachments: - Sidewalk Location Maps - Preliminary Resolution cc: Eric Levitt Jacob J. Winzenz Carl Weber \\petey\cojhome\agenda review\approved agenda items\2010\3-22-2010\preliminary sidewalk resolution - memo.doc 22 March 2010 (1) Of (2) CITY OF JANESVILLE NEW SIDEWALK INSTALLATION RESOLUTION NO. 2010-680 A Resolution authorizing the installation of certain sidewalks. WHEREAS, the Common Council of the City of Janesville desires the installation of standard concrete sidewalks in front of the parcels of land described below where standard concrete sidewalks have not been constructed; and WHEREAS, the Common Council desires that the construction of these sidewalks be effectuated pursuant to the empowerment and according to the procedures set forth in Wisconsin Statute Section 66.0907; and WHEREAS, the City anticipates that monies, other than the proceeds of any outstanding debit of the City, will be expended by the City with respect to such capital improvements. The City reasonably expects to be reimbursed for such expenditures with proceeds of its debt. The maximum principal amount of debt expected to be issued for the reimbursement of such expenditures is $1,000,000. No funds from sources other than the debt referred to above are, or are expected to be, reserved, allocated on a long-term basis, or otherwise set aside by the City or any entity controlled by the City pursuant to its budget or financial policies with respect to the Projects. This is consistent with the budgetary and financial circumstances of the City. Copies of this Resolution shall be made available for public inspection in the manner required by law. This Resolution is a declaration of official intent under Treasury Regulation Section 1.103.18, as amended and renumbered from time to time; WHEREAS, the expenses to be charged against abutting property owners may be: (a) paid in cash upon completion of the work; or (b) paid with the taxes the first year following completion of the work; or (c) at the election of the property owner, spread over a period of five (5) years with interest at seven percent (7%) per annum on the unpaid balance. The first installment on the five-year plan shall include one-fifth of the principal with the interest for November and December on the unpaid portion and shall be so entered in the tax roll. Each of the subsequent installments shall be entered in each of the annual tax rolls thereafter until all are collected. Deferred payment on the aforementioned installments shall bear interest at seven percent (7%) per annum. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Janesville, that the above recitals are reiterated and incorporated herein by reference and, pursuant to Wisconsin Statute Section 66.0907, standard concrete sidewalks shall be constructed in front of all herein described parcels of property where standard concrete sidewalks have not been constructed along the following street(s): \\Petey\COJHome\Agenda Review\Approved Agenda Items\2010\3-22-2010\Preliminary Sidewalk Resolution - Res 2010-680.doc 22 March 2010 (2) of (2) CITY OF JANESVILLE NEW SIDEWALK INSTALLATION RESOLUTION NO. 2010-680 Item Side Street From To 150’ W. of Castlemoor 1. North E. Rotamer Road Tanglewood Drive Drive 440’ W. of Northington 375’ W. of N. Wright 2. North E. Rotamer Road Drive Road 3. East Waveland Road Bond Place Mineral Point Avenue 4. North W. State Street River Road 400’ E. of River Road 5. North W. State Street 140’ W. of Crosby Ave S. Willard Avenue 6. East Marion Avenue Wall Street Bond Place 7. East N. Marion Avenue Highland Avenue W. Memorial Drive 475’ W. of S. Jackson 8. South W. Burbank Avenue S. Jackson Street Street 150’ S. of Alexandria 9. East Sunset Drive Bond Place Place 300’ W. of N. Crosby 10. North Alexandria Place Sunset Drive Avenue 11. South Alexandria Place 100’ E. of Sunset Drive N. Crosby Avenue ADOPTED: MOTION BY: APPROVED: SECOND BY: COUNCILMEMBER AYE NAY PASS ABSENT Eric Levitt, City Manager BRUNNER McDONALD ATTEST: PERROTTO Jean Ann Wulf, City Clerk-Treasurer RASHKIN APPROVED AS TO FORM: STEEBER TRUMAN City Attorney, Wald Klimczyk VOSKUIL Proposed by: ENGINEERING DIVISION Prepared by: ENGINEERING DIVISION \\Petey\COJHome\Agenda Review\Approved Agenda Items\2010\3-22-2010\Preliminary Sidewalk Resolution - Res 2010-680.doc DEPARTMENT OF PUBLIC WORKS MEMORANDUM 10 March 2010 TO: City Council FROM: Mike Payne, Engineering Manager SUBJECT: AWARD OF BID SCHEDULE “B” – 2010 CONTRACT 2010-4, WATER AND SEWER SYSTEM IMPROVEMENTS CONTRACT 2010-6, BLACK BRIDGE WATERMAIN Summary Bids for Public Works Bid Schedule “B” – 2010, Contracts 2009-4 and 2010-6, were opened on Wednesday, March 10, 2010. The Engineering Division is recommending award of these contracts to the low bidders, as shown on the attached tabulation of bids, and that the City Council express their intent to include in the 2010 Note Issue $658,263.50 for Water and Sewer System Improvements and $1,307,395 for Black Bridge water main. Recommendation Following review by the Council, the Engineering Division recommends award of Contracts 2010-4 and 2010-6 to the low bidders and that the City Council express their intent to include in the 2010 Note Issue $658,263.50 for Water and Sewer System Improvements and $1,307,395 for Black Bridge water main. City Manager Recommendation The City Manager recommends approval. Suggested Motion I move to Award Contracts 2010-4 and 2010-6 to the low bidders and express intent to include in the 2010 Note Issue $658,263.50 for Water and Sewer System Improvements and $1,307,395 for Black Bridge water main. Background Contract 2010-4, Water and Sewer System Improvements the replacement and associated street restoration of This project includes approximately 6,000 L.F. of undersized water main, replacement of associated lead/steel water services, and replacement of approximately 800 L.F. of sanitary sewer. \\petey\cojhome\agenda review\approved agenda items\2010\3-22-2010\award of contracts bid schedule b - memo.doc AWARD OF BID SCHEDULE “B” – 2010 CONTRACT 2010-4, WATER AND SEWER SYSTEM IMPROVEMENTS CONTRACT 2010-6, BLACK BRIDGE WATERMAIN _ _______________ 10 MARCH 2010 – PAGE 2. We received two (2) bids for this project, with Globe Contractors, Inc. providing the low bid. The Engineering Division is recommending award of this contract to Globe Contractors, Inc. of Pewaukee, Wisconsin, in the amount of $761,833.50 for the total amount bid. The bid for this project includes three parts which are described below: ? Part A – Replacement water main and laterals ? Part B – Replacement sanitary sewer and laterals ? Part C – Ruger Avenue utility relocation prior to bridge replacement Funding for Contract 2010-4 will be 2010 Note Issue borrowing. Part A of the contract ($602,693.50) will be part of the $700,000 planned for the 2010 Water Utility Note Issue borrowing. Part B of the contract ($55,570) will be part of the $750,000 planned for the 2010 Wastewater utility borrowing. Part C of the contract ($103,570) will be funded with Note Issue borrowing from 2009. Contract 2010-6, Black Bridge Water Main This project includes construction and completion of approximately 7,750 L.F. of water main and associated pavement restoration, curb and gutter, driveway, sidewalk, and terrace restoration. We received four (4) bids for this project with R.T. Fox Contractors, Inc. providing the low bid. The Engineering Division is recommending award of this contract to R.T. Fox Contractors, Inc, Edgerton, WI, $1,307,395. Funding for this project is 2010 Note Issue borrowing. The 2010 Major Capital Projects budget anticipated $1,500,000 would be included in the 2010 Note Issue for this project. Attachment cc: Eric Levitt Jay Winzenz Carl Weber Bid Opening: 10 March 2010 Page 1 of 1 CITY OF JANESVILLE TABULATION OF BIDS PUBLIC WORKS BID SCHEDULE “B” – 2010 2010-4 WATER AND SEWER SYSTEM IMPROVEMENTS Globe Contractors, Inc. Part A: $602,693.50 N50 W23076 Betker Road Part B: $55,570.00 Pewaukee, WI 53072 Part C: $103,570.00 Grand Total: $761,833.50 R. T. Fox Contractors, Inc. Part A: $667,516.00 5628 Highway M Part B: $36,775.00 Edgerton, WI 53534 Part C: $87,430.00 Grand Total: $791,721.00 2010-5 NEW AND REPLACEMENT SIDEWALK J. B. Johnson Bros., LLC Total Bid: $285,650.00 12 Maple Court Edgerton, WI 53534 J. W. Schultz Construction, Inc. Total Bid: $326,475.00 43 Highway 51, P.O. Box 248 Edgerton, WI 53534 2010-6 BLACKBRIDGE WATERMAIN R. T. Fox Contractors, Inc. Total Bid: $1,307,395.00 5628 Highway M Edgerton, WI 53534 Speedway Sand & Gravel, Inc. Total Bid: $1,416,505.00 8500 Greenway Blvd. #202 Madison, WI 53562 Globe Contractors, Inc. Total Bid: $1,554,005.00 N50 W23076 Betker Road Pewaukee, WI 53072 Merryman Excavation, Inc. Total Bid: $1,645,287.50 1501 Lamb Road Woodstock, IL 60098 \\Petey\COJHome\Agenda Review\Approved Agenda Items\2010\3-22-2010\Award of Contracts Bid Schedule B - Attach.doc Economic Development Department Memorandum March 22, 2010 TO: City Council FROM: Vic Grassman, Economic Development Director SUBJECT: Action of a Proposed Resolution formally designating and creating Development Opportunity Zone in the City of Janesville (File Res 2010-679) Executive Summary In 2009, the Wisconsin Legislature created a Development Opportunity Zone for the City of Janesville. Under this program qualifying businesses that make capital investments and/or create/retain jobs in the city can qualify for State of Wisconsin Income Tax Credits. The Janesville Development Opportunity Zone has received an initial allocation of $5.0 million of tax credits and has five years upon which companies can apply for them. If this initial allocation is exhausted within this time frame, a second $5.0 million over an additional five year time frame is available. Staff or Department Recommendation Staff recommends the adoption of this resolution to formally begin the five year period. This recommendation comes at this time because a Janesville company has successfully applied and been awarded credits. This resolution is backdated to March 1, 2010 in order to allow this company to begin counting job creation as allocated under this program. The entire City of Janesville is recommended as a “Zone” to insure that any Janesville business meeting the eligibility criteria have an opportunity to apply. This “Zone” will automatically be expanded based on any future annexations. City Manager Recommendation The City Manager recommends approval of the resolution. Background The Janesville Development Opportunity Zone program is a valuable asset to the City’s economic development program. Only those companies currently located in the City or choosing to locate in the City are eligible to apply. The minimum standards to be met are the creation of ten or more full time jobs and/or a capital investment of $10,000/ employee or $1.0 million whichever is less. Businesses applying can take advantage of both sources of tax credits, employment creation/retention and capital investment. Tax credits can also be received for up to 50% of eligible environmental remediation costs. This economic development resource/incentive is part of the standard information package we send out to companies expressing an interest in Janesville as a location as well as existing companies considering expansion. Jobs counted under this program must be maintained for five years. The WI Dept. of Commerce is the final authority in deciding if tax credits should be given to a company and the level of these credits based on the estimated future taxes to be paid. This ordinance will formally designate the beginning of the five year period upon which Firms can apply and be awarded credits. However, the credits can be carried forward for up to 15 years. cc: Eric Levitt Jacob Winzenz RESOLUTION NO. 2010-679 A Resolution authorizing, nominating, designating, and creating a Development Opportunity Zone for the City of Janesville. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: WHEREAS , “Local governing body” means the Common Council for the City of § Janesville, and is as otherwise defined in Wis. Stats. 560.70(4m) in pertinent part as follows: “(4) Local governing body” means the governing body of one or more cities…”; and WHEREAS , The City of Janesville zealously has consistently, and shall, from time to time: (a) Promote economic development within the City of Janesville and the proposed Development Opportunity Zone; and (b) Assist the Department of Commerce in the administration of the Development Opportunity Zone program; and WHEREAS , the Janesville Common Council find that all of the requirements have been fulfilled, and/or satisfied for the designation of the Janesville Development Opportunity Zone; and WHEREAS , the Common Council find that creation and operation of a Development Opportunity Zone in Janesville are in the best interest of, and of benefit to, the residents, businesses, properties, and taxpayers of the City; and WHEREAS , the Common Council is empowered to designate, create, maintain, and operate said Development Opportunity Zone pursuant to Wis. Stats §§62.11(5), 66.0101, 560.795, and other applicable and home rule statutes and constitutional provisions; and § WHEREAS , Wis. Stats. 560.795 governs Development Opportunity Zones; and § WHEREAS , Wis. Stats. 560.795 “Development opportunity zones,” provides in pertinent part, as from time to time renumbered or amended, as follows: “560.795(1) DESIGNATION OF DEVELOPMENT OPPORTUNITY ZONES. The following areas are designated as development opportunity zones… 1 (g) An area in the City of Janesville, the legal description of which is provided to the department by the local governing body of the City of Janesville. (2) DURATION, LIMITS AND EXPIRATION. (a) …Except as provided in pars. (d) and (e), the designation of each area under sub. (1) (g) and (h) as a development opportunity zone shall be effective for 60 months, beginning on the date on which the area is designated under sub. (1)… (b) 7. Except as provided in par. (e) 1., the limit for tax benefits for the development opportunity zone under sub. (1)(g) is $5,000,000. (c) Annually, the department shall estimate the amount of forgone state revenue because of tax benefits claimed by corporation or persons in each development opportunity zone. (d) 1. Notwithstanding pars. (a) and (e), the designation of an area as a development opportunity zone shall expire 90 days after the day on which the department determines that the forgone tax revenues under par. (c) will equal or exceed the limit for the development opportunity zone. 2. The department shall immediately notify the local governing body of the city in which the development opportunity zone is located of a change in the expiration date of the development opportunity zone under this paragraph. (e) 1. The department may extend the designation of an area under sub. (1)(g) as a development opportunity zone for an additional 60 months if the department determines that an extension under this subdivision would support economic development within the city. If the department extends the designation of the area as a development opportunity zone, the limit for tax benefits for the development opportunity zone under sub. (1)(g) is increased by $5,000,000… (3) APPLICATION AND ENTITLEMENT TO TAX BENEFITS… (a) 4. Any person that is conducting or that intends to conduct economic activity in a development opportunity zone under sub. (1)(e), (f), (g), or (h) and that, in conjunction with the local governing body of the city in which the development opportunity zone is located, submits a project plan as described in par. (b) to the department shall be entitled to claim tax benefits while the area is designated as a development opportunity zone. (b) A project plan under par. (a) shall include all of the following: 1. The name and address of the corporation’s or person’s business for which tax benefits will be claimed. 2 2. The appropriate federal tax identification number of the corporation or person. 3. The names and addresses of other locations outside of the development opportunity zone where the corporation or person conducts business and a description of the business activities conducted at those locations. 4. The amount that the corporation or person proposes to invest in a business, or spend on the construction, rehabilitation, repair, or remodeling of a building, located within the development opportunity zone. 5. The estimated total investment of the corporation or person in the development opportunity zone. 6. The number of full-time jobs that will be created, retained, or substantially upgraded as a result of the corporation’s or person’s economic activity in relation to the amount of tax benefits estimated for the corporation or person. 7. The corporation’s or person’s plans to make reasonable attempts to hire employees from the targeted population. 8. A description of the commitment of the local governing body of the city in which the development opportunity zone is located to the corporation’s or person’s project. 9. Other information required by the department or the department of revenue. (c) The department shall notify the department of revenue of all corporations or persons entitled to claim tax benefits under this subsection. (d) The department annually shall verify information submitted to the department under s. 71.07 (2di), (2dm), or (2dx), 71.28 (1di), (1dm), or (1dx), 71.47 (1di), (1dm), or (1dx), or 76.636. (4) REVOCATION OF ENTITLEMENT. (a) The department shall revoke the entitlement of a corporation or person to claim tax benefits under sub. (3) if the corporation or person does any of the following: 1. Supplies false or misleading information to obtain the tax benefits. 2. Leaves the development opportunity zone to conduct substantially the same business outside of the development opportunity zone. 3. Ceases operations in the development opportunity zone and does not renew operation of the trade or business or a similar trade or business in the development opportunity zone within 12 months. (b) The department shall notify the department of revenue within 30 days after revoking an entitlement under par. (a). 3 (5) CERTIFICATION BASED ON THE ACTIVITY OF ANOTHER. (a) The department may certify for tax benefits a person that is conducting economic activity in the development opportunity zone under sub. (1) (e) or (f) and that is not otherwise entitled to claim tax benefits if all of the following apply: 1. The person’s economic activity is instrumental in enabling another person to conduct economic activity in the development opportunity zone under sub. (1) (e) or (f). 2. The department determines that the economic activity of the other person under subd. 1. would not have occurred but for the involvement of the person to be certified for tax benefits under this subsection. 3. The person to be certified for tax benefits under this subsection will pass the benefits through to the other person conducting the economic activity under subd. 1., as determined by the department. 4. The other person conducting the economic activity under subd. 1. does not claim tax benefits under sub. (3). (a) A person intending to claim tax benefits under this subsection shall submit to the department an application, in the form required by the department, containing information required by the department and by the department of revenue. (b) The department shall notify the department of revenue of all persons certified to claim tax benefits under this subsection. (c) The department annually shall verify information submitted to the department under s. 71.07 (2dm) or (2dx), 71.28 (1dm) or (1dx), 71.47 (1dm) or (1dx), or 76.636. (d) The department shall revoke the entitlement of a person to claim tax benefits under this subsection if the person does any of the following: 1. Supplies false or misleading information to obtain the tax benefits. 2. Ceases operations in the development opportunity zone under sub. (1)(e) or (f). 3. Does not pass the benefits through to the other person conducting the economic activity under par. (a)1., as determined by the department. 4. That designation of the area as a development zone will likely retain or increase employment in the area. 4 5. That economic development in the area is not likely to occur or continue without the department’s designation of the area as a development zone. 6. That the area meets at least 3 of the following criteria: a. The unemployment rate in the area is higher than the state average for the 18 months immediately preceding the date on which the application under s. 560.72 (2) or (3) was submitted to the department. b. The percentage of persons residing in the area who are members of households with household income levels at or below 80% of the statewide median household income is higher than the state average. c. The percentage of households in the area receiving unemployment insurance under ch. 108, relief funded by a relief block grant under ch. 49 or aid to families with dependent children under s. 49.19 is higher than the state average. d. In the 36 months immediately preceding the date on which the application under s. 560.72 (2) or (3) was submitted to the department, a number or workers in the area were permanently laid off by their employer or became unemployed as a result of a business action subject to s. 109.07(1m). e. An employer in the vicinity of the area has given public notice under s. 109.07(1m)(a) of either a business closing or a mass layoff of at least 25 employees, or 25% of the employees, of a business, whichever is greater, that will result in a number of workers in the area being laid off permanently. f. Property values in the area have been declining. g. There has been a decline in the population in the area. (1m) In making a determination under sub. (1)(e), the department shall consider all of the following: (a) The extent of poverty, unemployment or other factors contributing to general economic hardship in the area. (b) The prospects for new investment and economic development in the area. (c) The amount of investment that is likely to result from the designation of the area as a development zone. (d) The number of full-time jobs that are likely to be created or retained in the area as a result of its designation as a development zone. 5 (e) The number of full-time jobs that are likely to be available to the target population as a result of the designation of the area as a development zone. (f) The competitive effect of designating the area as a development zone on other businesses in the vicinity of the area. (g) The needs of other areas of the state. (h) Any other factors that the department considers relevant. (i) The department shall notify the Department of Revenue within 30 days after revoking an entitlement under par. (e). NOW, THEREFORE, BE IT RESOLVED by the Common Council for the City of Janesville as follows: 1. Each and every of the above recitals is reiterated and incorporated herein by reference as if fully set forth verbatim. 2. DESIGNATION. The boundaries of the Janesville Development Opportunity Zone shall be the corporate limits of the City of Janesville, a Wisconsin Municipal Corporation located in the County of Rock, as from time to time amended and/or modified through annexation (attachment). 3. The City of Janesville’s governing body hereby authorize, nominate, designate, and create a Development Opportunity Zone, in accord with the applicable Wisconsin Statutes, as from time to time renumbered and/or amended. 4. The City Administration is authorized, empowered, and directed by the Common Council to take any and all steps that the City Administration may, from time to time, find necessary and/or desirable to create, designate, qualify, obtain all state and other approvals for, maintain, and operate a Development Opportunity Zone within and for the City of Janesville. 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 agreements, amendments, documents, and letters of understanding concerning this matter, and to take whatever additional other actions that the City Manager and/or his designee(s) 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. This Resolution and designation by the Common Council shall be of full force and effect as of March 1, 2010, the public health, welfare, and common good so requiring. All applications, eligibility, and qualification by participants for tax credits under this program shall be honored and shall include those filed on or after March 1, 2010. 6 ADOPTED: Motion by: Second by: Councilmember Aye Nay Pass Absent APPROVED: Brunner McDonald ____________________________________ Perrotto Eric J. Levitt, City Manager Rashkin Steeber ATTEST: Truman Voskuil ____________________________________ Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: ____________________________________ City Attorney, Wald Klimczyk Proposed by: Economic Development Director Vic Grassman Prepared by: City Attorney Wald Klimczyk J:\Attorney\Word\Shared\Resolution Development Opportunity Zone Creation 030810.doc 7 ADMINISTRATIVE SERVICES MEMORANDUM March 10, 2010 TO: City Council FROM: Patty Lynch, Comptroller SUBJECT: Action on a Proposed Resolution Authorizing the Issuance and Sale of Up to $27,212,000 Sewerage System Revenue Bonds, Series 2010 and Providing for Other Details and Covenants with Respect Thereto (File Resolution # 2010-681) Summary On November 10, 2008 the City Council authorized the Acting City Manager to apply for a low interest loan from the Wisconsin Department of Natural Resources Clean Water Fund Loan Program for the purpose of funding the Wastewater Treatment Plant (WWTP) upgrade and expansion (Resolutions 2008-551 and 2008-552). This project has an estimated total cost of $32.7 million which includes design, construction, and construction management. Funding for the project is proposed to be provided by the clean water fund low interest loan ($27,212,000), municipal GO notes ($2,245,000), the Utility’s replacement fund ($2,700,000), an EPA Stag grant ($400,000), and Focus on Energy grants ($150,000). Recommendation The Administrative Services Department recommends the City Council approve Resolution No. 2010-681 authorizing the issuance and sale of up to $27,212,000 in Sewer System Revenue Bonds. City Manager Recommendation The City Manager concurs with the recommendation. Suggested Motion: Move to approve Resolution No. 2010-681 authorizing the issuance and sale of up to $27,212,000 in Sewer System Revenue Bonds. Background The clean water fund loan is a revenue pledge for the wastewater utility. The loan has subsidized low interest rate of 2.15% and a repayment period of 20 years. The wastewater rates were adjusted on January 1, 2010 to provide funding for the annual debt service payment and equipment replacement requirements of this WWTP improvement project. Following the adoption of this resolution, the 1 City Manager will enter into a Financial Assistance Agreement with the WDNR which lays out the terms and conditions of the Clean Water Fund Program. The loan is disbursed on a reimbursement basis based on the Utility’s actual costs. The closing date is scheduled for April 14, 2010, and the City will receive the first reimbursement on this date. /Attachments cc: Jacob J, Winzenz, Director of Admin. Services / Assistant City Manager Eric J. Levitt, City Manager 2 RESOLUTION NUMBER 2010-681 RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF UP TO $27,212,000 SEWERAGE SYSTEM REVENUE BONDS, SERIES 2010 AND PROVIDING FOR OTHER DETAILS AND COVENANTS WITH RESPECT THERETO WHEREAS, CITY OF JANESVILLE, Rock County, Wisconsin (the “Municipality”) owns and operates a sewerage system (the “System”) which is operated for a public purpose as a public utility by the Municipality; and WHEREAS, certain improvements to the System are necessary to meet the needs of the Municipality and the residents thereof, consisting of the construction of a project (the “Project”) assigned Clean Water Fund Program Project No. 4335-09 by the State of Wisconsin Department of Natural Resources (the “Department of Natural Resources”), and as defined in Department of Natural Resources approval letter for the plans and specifications, or portions thereof, issued under Wis. Stat. Section 281.41; dated August 20, 2009, and assigned number S-2009-0537; and WHEREAS, under the provisions of Chapter 66 of the Wisconsin Statutes any municipality may, by action of its governing body, provide for purchasing, acquiring, constructing, extending, adding to, improving, operating and managing a public utility from the proceeds of bonds, which bonds are to be payable only from the revenues received from any source by such utility, including all rentals and fees; and WHEREAS, the Municipality has previously issued its (i) $346,280 Sewerage System Revenue Bonds, Series 1992A (the “1992 Bonds”), which were authorized by the 1992 Resolution (as defined in Section 1), (ii) $532,330 Sewerage System Revenue Bonds, Series 1996 (the “1996 Bonds”) which were authorized by the 1996 Resolution (as defined in Section 1), (iii) $1,187,437 Sewerage System Revenue Bonds, Series 1998 (the “1998 Bonds”) which were authorized by the 1998 Resolution (as defined in Section 1); (iv) $306,292 Sewerage System Revenue Bonds, Series 2000 (the “2000 Bonds”), which were authorized by the 2000 Resolution (as defined in Section 1); (v) $1,100,828 Sewerage System Revenue Bonds, Series 2001 (the “2001 Bonds”), which were authorized by the 2001 Resolution (as defined in Section 1); and (vi) $2,032,973 Sewerage System Revenue Bonds, Series 2004 (the “2004 Bonds” and, collectively with the 1992 Bonds, the 1996 Bonds, the 1998 Bonds, the 2000 and the 2001 Bonds, the “Prior Bonds”) which were authorized by the 2004 Resolution (as defined in Section 1 and, collectively with the 1992 Resolution, the 1996 Resolution, the 1998 Resolution, the 2000 Resolution and the 2001 Resolution, the “Prior Resolutions”); and WHEREAS, the Prior Resolutions permit the issuance of additional bonds on a parity with the Prior Bonds upon certain conditions, and those conditions have been met with respect to the issuance of bonds pursuant to this resolution; and WHEREAS, the Municipality deems it to be necessary, desirable and in its best interest to authorize and sell sewerage system revenue bonds of the Municipality payable solely from the 4836-7637-1205.1 revenues of the System, pursuant to the provisions of Section 66.0621 of the Wisconsin Statutes, to pay the cost of the Project; and WHEREAS, other than “preliminary expenditures” as defined in the Treas. Reg. 26 C.F.R. 1.150-2 in an amount not exceeding 20% of the principal amount of the bonds authorized to be issued by this resolution, or other than a “de minimis” amount as defined in Treas. Reg. 26 C.F.R. 1.150-2 in an amount not exceeding the lesser of $100,000 or 5% of the principal amount of the bonds authorized to be issued by this resolution, all of the proceeds loaned to the Municipality will be used for Project costs paid by the Municipality subsequent to (i) the date which is 60 days prior to the date on which the Municipality adopted a “declaration of intent” pursuant to Treas. Reg. 26 C.F.R. 1.150-2 stating its intent to reimburse other funds of the Municipality previously used to finance the Project, or (ii) the date on which the bonds authorized herein are issued; and WHEREAS, other than the Prior Bonds, no bonds or obligations payable from the revenues of the System are now outstanding; NOW, THEREFORE, be it resolved by the Governing Body of the Municipality that: Section 1. Definitions . The following terms shall have the following meanings in this Resolution unless the text expressly or by implication requires otherwise: “Act” means Section 66.0621 of the Wisconsin Statutes; “Bond Registrar” means the Municipal Treasurer, who shall act as Paying Agent for the Bonds; “Bonds” mean the $27,212,000 Sewerage System Revenue Bonds, Series 2010 of the Municipality dated their date of issuance, authorized to be issued by this Resolution; “Bond Year” means the twelve-month period ending on each May 1; “Current Expenses” means the reasonable and necessary costs of operating, maintaining, administering and repairing the System, including salaries, wages, costs of materials and supplies, insurance, and audits, but shall exclude depreciation, debt service, tax equivalents and capital expenditures; “Debt Service Fund” means the Debt Service Fund of the Municipality, which shall be the “special redemption fund” as such term is defined in the Act; “Financial Assistance Agreement” means the Financial Assistance Agreement by and between the State of Wisconsin by the Department of Natural Resources and the Department of Administration and the Municipality pursuant to which the Bonds are to be issued and sold to the State, substantially in the form attached hereto and incorporated herein by reference; “Fiscal Year” means the twelve-month period ending on each December 31; 2 4836-7637-1205.1 “Governing Body” means the City Council, or such other body as may hereafter be the chief legislative body of the Municipality; “Municipality” means City of Janesville, Wisconsin; “Municipal Treasurer” means the Treasurer of the Municipality, who shall act as Bond Registrar and Paying Agent; “Net Revenues” means the gross earnings of the System after deduction of Current Expenses; gross earnings shall include earnings of the System derived from sewerage charges imposed by the Municipality, all payments to the Municipality under any wastewater treatment service agreements between the Municipality and any contract users of the System, and any other monies received from any source including all rentals and fees and any special assessments levied and collected in connection with the Project; “1992 Bonds” means the Sewerage System Revenue Bonds, Series 1992A, issued pursuant to the 1992 Resolution; “1996 Bonds” means the Sewerage System Revenue Bonds, Series 1996, issued pursuant to the 1996 Resolution; “1998 Bonds” means the Sewerage System Revenue Bonds, Series 1998, issued pursuant to the 1998 Resolution; “2000 Bonds” means the Sewerage System Revenue Bonds, Series 2000, issued pursuant to the 2000 Resolution; “2001 Bonds” means the Sewerage System Revenue Bonds, Series 2001, issued pursuant to the 2001 Resolution; “2004 Bonds” means the Sewerage System Revenue Bonds, Series 2004, issued pursuant to the 2004 Resolution; “1992 Resolution” means the resolution passed on September 10, 1992 authorizing the issuance of the 1992 Bonds; “1996 Resolution” means the resolution passed May 20, 1996 authorizing the issuance of the 1996 Bonds; “1998 Resolution” means the resolution passed April 13, 1998 authorizing the issuance of the 1998 Bonds; “2000 Resolution” means the resolution passed April 10, 2000 authorizing the issuance of the 2000 Bonds; “2001 Resolution” means the resolution passed October 8, 2001, authorizing the issuance of the 2001 Bonds; 3 4836-7637-1205.1 “2004 Resolution” means the resolution passed March 8, 2004, authorizing the issuance of the 2008 Bonds; “Parity Bonds” means bonds payable from the revenues of the System other than the Bonds but issued on a parity and equality with the Bonds pursuant to the restrictive provisions of Section 11 of this Resolution; “Prior Bonds” means the 1992 Bonds, the 1996 Bonds, the 1998 Bonds, the 2000 Bonds, the 2001 Bonds and the 2004 Bonds; “Project” means the Project described in the preamble to this Resolution. All elements of the Project are to be owned and operated by the Municipality as part of the System as described in the preamble hereto; “Record Date” means the close of business on the fifteenth day of the calendar month next preceding any principal or interest payment date; and “System” means the entire sewerage system of the Municipality, specifically including that portion of the Project owned by the Municipality and including all property of every nature now or hereafter owned by the Municipality for the collection, transmission, treatment and disposal of domestic and industrial sewerage and waste, including all improvements and extensions thereto made by the Municipality while any of the Bonds and Parity Bonds remain outstanding, including all real and personal property of every nature constituting part of or used or useful in connection with such sewerage system and including all appurtenances, contracts, leases, franchises, and other intangibles. Section 2. Authorization of the Bonds and the Financial Assistance Agreement . For the purpose of paying the cost of the Project (including legal, fiscal, engineering and other expenses), there shall be borrowed on the credit of the income and revenue of the System up to the sum of $27,212,000; and fully registered revenue bonds of the Municipality are authorized to be issued in evidence thereof and sold to the State of Wisconsin Clean Water Fund Program in accordance with the terms and conditions of the Financial Assistance Agreement, which is incorporated herein by this reference and the City Manager and the City Clerk of the Municipality are hereby authorized, by and on behalf of the Municipality, to execute the Financial Assistance Agreement. Section 3. Terms of the Bonds . The Bonds shall be designated “Sewerage System Revenue Bonds, Series 2010” (the “Bonds”); shall be dated April 14, 2010; shall be numbered one and upward; shall bear interest at the rate of 2.15% per annum, calculated on the basis of a 360-day year made up of twelve 30-day months; shall be issued in denominations of $0.01 or any integral multiple thereof; and shall mature on the dates and in the amounts as set forth in Exhibit B of the Financial Assistance Agreement. Interest on the Bonds shall be payable commencing on November 1, 2010 and semiannually thereafter on May 1 and November 1 of each year. The Bonds shall not be subject to redemption prior to maturity except as provided in the Financial Assistance Agreement. The schedule of maturities of the Bonds is found to be such that the amount of annual debt service payments is reasonable in accordance with prudent municipal utility practices. 4 4836-7637-1205.1 Section 4. Form, Execution, Registration and Payment of the Bonds . The Bonds shall be issued as registered obligations in substantially the form attached hereto as Exhibit A and incorporated herein by this reference. The Bonds shall be executed in the name of the Municipality by the manual signatures of the City Manager and the City Clerk, and shall be sealed with its official or corporate seal, if any. The principal of, premium, if any, and interest on the Bonds shall be paid by the Municipal Treasurer, who is hereby appointed as the Municipality’s registrar (the “Bond Registrar”). Both the principal of and interest on the Bonds shall be payable in lawful money of the United States of America by the Bond Registrar. Payment of principal of the final maturity on the Bonds will be payable upon presentation and surrender of the Bonds to the Bond Registrar. Payment of principal on the Bonds (except the final maturity) and each installment of interest shall be made to the registered owner of each Bonds who shall appear on the registration books of the Municipality, maintained by the Bond Registrar, on the Record Date and shall be paid by electronic transfer or by check or draft of the Municipality and mailed to such registered owner at his or its address as appears on such registration books or at such other address may be furnished in writing to such registered owner to the Bond Registrar. Section 5. Security for the Bonds . The Bonds, together with interest thereon, shall not constitute an indebtedness of the Municipality nor a charge against its general credit or taxing power. The Bonds, together with interest thereon, shall be payable only out of the Debt Service Fund hereinafter created and established, and shall be a valid claim of any holder thereof only against such Debt Service Fund and the revenues of the System pledged to such fund on a parity with the pledge granted to the holders of the Prior Bonds. Sufficient revenues are hereby pledged to said Debt Service Fund, and shall be used for no other purpose than to pay the principal of, premium, if any, and interest on the Bonds as the same becomes due. Section 6. Funds and Accounts . In accordance with the Act, for the purpose of the application and proper allocation of the revenues of the System, and to secure the payment of the principal of and interest on the Prior Bonds, the Bonds and Parity Bonds, certain funds of the System were created and established pursuant to the 1992 Resolution are hereby continued and shall be used solely for the following respective purposes: (a)Revenue Fund, into which shall be deposited as received the entire gross earnings of the System, which money shall then be divided among the Operation and Maintenance Fund, the Debt Service Fund and the Surplus Fund in the amounts and in the manner set forth in Section 7 hereof and used for the purposes described below. (b)Operation and Maintenance Fund, which shall be used for the payment of Current Expenses. (c)Debt Service Fund, which shall be used for the payment of the principal of, premium, if any, and interest on the Prior Bonds, the Bonds and any Parity Bonds as the same becomes due. 5 4836-7637-1205.1 (d)Surplus Fund, which shall first be used whenever necessary to pay principal of, premium, if any, or interest on the Prior Bonds, the Bonds and Parity Bonds when the Debt Service Fund shall be insufficient for such purpose, and thereafter shall be disbursed as follows: (i) at any time, to remedy any deficiency in any of the Funds provided in this Section 6 hereof; and (ii) money thereafter remaining in the Surplus Fund at the end of any Fiscal Year may be transferred to any of the Funds or accounts created herein or to reimburse the general fund of the Municipality for advances made by the Municipality to the System or for any other lawful purpose. Section 7. Application of Revenues . After the delivery of the Bonds, the entire gross earnings of the System shall be deposited as collected in the Revenue Fund and shall be transferred monthly to the funds listed below in the following order of priority and in the manner set forth below: (a)to the Operation and Maintenance Fund, an amount equal to the estimated Current Expenses for such month and for the following month (after giving affect to available amounts in said Fund from prior deposits); (b)to the Debt Service Fund, an amount equal to one-sixth of the next installment of interest coming due on the Prior Bonds, the Bonds and any Parity Bonds then outstanding and an amount equal to one-twelfth of the installment of principal of the Prior Bonds, the Bonds and any Parity Bonds coming due during such Bond Year (after giving affect to available amounts in said account from accrued interest, any premium or any other source); and (c)to the Surplus Fund, any amount remaining in the Revenue Fund after the monthly transfers required above have been completed. Transfers from the Revenue Fund to the Operation and Maintenance Fund, the Debt Service Fund and the Surplus Fund shall be made monthly not later than the tenth day of each month, and such transfer shall be applicable to monies on deposit in the Revenue Fund as of the last day of the month preceding. Any other transfers and deposits to any Fund required or permitted by subsection (a) through (c) of this Section, except transfers or deposits which are required to be made immediately or annually, shall be made on or before the tenth day of the month. Any transfer or deposit required to be made at the end of any Fiscal Year shall be made within 60 days after the close of such Fiscal Year. If the tenth day of any month shall fall on a day other than a business day, such transfer or deposit shall be made on the next succeeding business day. It is the express intent and determination of the Governing Body that the amounts transferred from the Revenue Fund and deposited in the Debt Service Fund shall be sufficient in any event to pay the interest on the Prior Bonds, the Bonds and any Parity Bonds as the same accrues and the principal thereof as the same matures. Section 8. Deposits and Investments . The Debt Service Fund shall be kept apart from moneys in the other Funds and Accounts and the same shall be used for no purpose other than the prompt payment of principal of and interest on the Prior Bonds, the Bonds and any Parity 6 4836-7637-1205.1 Bonds as the same becomes due and payable. All moneys therein shall be deposited in special and segregated accounts in a public depository selected under Chapter 34 of the Wisconsin Statutes and may be temporarily invested until needed in legal investments subject to the provisions of Section 66.0603(1m) of the Wisconsin Statutes. The other funds herein created (except the Sewerage System CWFP Project Fund) may be combined in a single account in a public depository selected in the manner set forth above and may be temporarily invested until needed in legal investments subject to the provisions of Section 66.0603(1m) of the Wisconsin Statutes. Section 9. Service to the Municipality . The reasonable cost and value of services rendered to the Municipality by the System by furnishing sewerage services for public purposes shall be charged against the Municipality and shall, to the extent permitted by law, be paid in monthly installments as the service accrues, out of the current revenues of the Municipality collected or in the process of collection, exclusive of the revenues derived from the System; that is to say, out of the tax levy of the Municipality made by it to raise money to meet its necessary current expenses. The reasonable cost and value of such service to the Municipality in each year shall be equal to an amount which, together with other revenues of the System, will produce in each Bond Year Net Revenues equivalent to not less than the annual principal and interest requirements on the Prior Bonds, the Bonds, any Parity Bonds, and any other debt obligations payable from the revenues of the System then outstanding times the greater of (a) 110%, or (b) the highest debt service coverage ratio required with respect to any debt obligations payable from the revenues of the System then outstanding. However, such payment out of the tax levy shall be subject to (i) approval of the Public Service Commission, or successors to its function, if applicable, (ii) yearly appropriations therefor, and (iii) applicable levy limitations, if any; but neither this Resolution nor such payment shall be construed as constituting an obligation of the Municipality to make any such appropriation over and above the reasonable cost and value of the services rendered to the Municipality and its inhabitants or to make any subsequent payment over and above such reasonable cost and value. Section 10. Operation of System; Municipality Covenants . It is covenanted and agreed by the Municipality with the owner or owners of the Bonds, and each of them, that the Municipality will perform all of the obligations as set forth in the Financial Assistance Agreement. Section 11. Additional Bonds . The Bonds are issued on a parity with the Prior Bonds. No bonds or obligations payable out of the revenues of the System may be issued in such manner as to enjoy priority over the Bonds. Additional obligations may be issued if the lien and pledge is junior and subordinate to that of the Bonds. Parity Bonds may be issued only under the following circumstances: (a)Additional Parity Bonds may be issued for the purpose of completing the Project and for the purpose of financing costs of the Project which are ineligible for payment under the State of Wisconsin Clean Water Fund Program. However, such additional Parity Bonds shall be in an aggregate amount not to exceed 20% of the face amount of the Bonds; or 7 4836-7637-1205.1 (b)Additional Parity Bonds may also be issued if all of the following conditions are met: (i)The Net Revenues of the System for the Fiscal Year immediately preceding the issuance of such additional bonds must have been in an amount at least equal to the maximum annual interest and principal requirements on all bonds outstanding payable from the revenues of the System, and on the bonds then to be issued, times the greater of (A) 1.10 or (B) the highest debt service coverage ratio to be required with respect to the Additional Parity Bonds then to be issued or on any debt obligations payable from the revenues of the System then outstanding. Should an increase in permanent rates and charges, including those made to the Municipality, be properly ordered and made effective during the Fiscal Year immediately prior to the issuance of such additional bonds or during that part of the Fiscal Year of issuance prior to such issuance, then Net Revenues for purposes of such computation shall include such additional revenues as an independent certified public accountant, consulting professional engineer or the Wisconsin Public Service Commission may certify would have accrued during the prior Fiscal Year had the new rates been in effect during that entire immediately prior Fiscal Year. (ii)The payments required to be made into the Funds enumerated in Section 6 of this Resolution must have been made in full. (iii)The Additional Parity Bonds must have principal maturing on May 1 of each year and interest falling due on May 1 and November 1 of each year. (iv)The proceeds of the Additional Parity Bonds must be used only for the purpose of providing extensions or improvements to the System, or to refund obligations issued for such purpose. Section 12. Sale of Bonds . The sale of the Bonds to the State of Wisconsin Clean Water Fund Program for the purchase price of up to $27,212,000, and at par, is ratified and confirmed; and the officers of the Municipality are authorized and directed to do any and all acts, including executing the Financial Assistance Agreement and the Bonds as hereinabove provided, necessary to conclude delivery of the Bonds to said purchaser, as soon after adoption of this Resolution as is convenient. The purchase price for the Bonds shall be paid upon requisition therefor as provided in the Financial Assistance Agreement. Section 13. Application of Bond Proceeds . The proceeds of the sale of the Bonds shall be deposited by the Municipality into a special fund designated as “Sewerage System CWFP Project Fund.” The Sewerage System CWFP Project Fund shall be used solely for the purpose of paying the costs of the Project (including capitalized interest, if any, on the Bonds) as more fully described in the preamble hereof and in the Financial Assistance Agreement. Moneys in the Sewerage System CWFP Project Fund shall be disbursed within three business days of their receipt from the State of Wisconsin and shall not be invested in any interest-bearing account. 8 4836-7637-1205.1 Section 14. Amendment to Resolution . After the issuance of any of the Bonds, no change or alteration of any kind in the provisions of this Resolution may be made until all of the Bonds have been paid in full as to both principal and interest, or discharged as herein provided, except: (a) the Municipality may, from to time, amend this Resolution without the consent of any of the owners of the Bonds, but only to cure any ambiguity, administrative conflict, formal defect, or omission or procedural inconsistency of this Resolution; and (b) this Resolution may be amended, in any respect, with a written consent of the owners of not less than two-thirds of the principal amount of the Bonds then outstanding, exclusive of Bonds held by the Municipality; provided, however, that no amendment shall permit any change in the pledge of revenues derived from the System or the maturity of any Bond issued hereunder, or a reduction in the rate of interest on any Bond, or in the amount of the principal obligation thereof, or in the amount of the redemption premium payable in the case of redemption thereof, or change the terms upon which the Bonds may be redeemed or make any other modification in the terms of the payment of such principal or interest without the written consent of the owner of each such Bond to which the change is applicable. Section 15. Defeasance . When all Bonds have been discharged, all pledges, covenants and other rights granted to the owners thereof by this Resolution shall cease. The Municipality may discharge all Bonds due on any date by irrevocably depositing in escrow with a suitable bank or trust company a sum of cash and/or bonds or securities issued or guaranteed as to principal and interest by the U.S. government, or by a commission, board or other instrumentality of the U.S. government, maturing on the dates and bearing interest at the rates required to provide funds sufficient to pay when due the interest to accrue on each of said Bonds to its maturity or, at the Municipality’s option, if said Bond is prepayable to any prior date upon which it may be called for redemption, and to pay and redeem the principal amount of each such Bond at maturity, or at the Municipality’s option, if said Bond is prepayable, at its earliest redemption date, with the premium required for such redemption, if any, provided that notice of the redemption of all prepayable Bonds on such date has been duly given or provided for. Section 16. Rebate Fund . Unless the Bonds are exempt from the rebate requirements of the IRS of 1986, as amended, the Municipality shall establish and maintain a separate account for the Bonds to be known as the “Rebate Fund.” The sole purpose of the Rebate Fund is to provide for the payment of any rebate liability with respect to the Bonds under the relevant provisions of the Internal Revenue Code of 1986, as amended (the “Code”), and the Treasury Regulations promulgated thereunder (the “Regulations”). The Rebate Fund shall be maintained by the Municipality until all required rebate payments with respect to the Bonds have been made in accordance with the relevant provisions of the Code and the Regulations. The Municipality hereby covenants and agrees that it shall pay to the United States from the Rebate Fund, at the times and in the amounts and manner required by the Code and the Regulations, the portion of the “rebate amount” (as defined in Section 1.148-3(b) of the Regulations) that is due as of each “computation date” (within the meaning of Section 1.148-3(e) of the Regulations). As of the date of this Resolution, the provisions of the Regulations specifying the required amounts of rebate installment payments and the time and manner of such payments are contained in Sections 1.148-3(f) and (g) of the Regulations, respectively. Amounts held in the Rebate Fund and the investment income therefrom are not pledged as security for the 9 4836-7637-1205.1 Bonds or any parity bonds and may only be used for the payment of any rebate liability with respect to the Bonds. The Municipality may engage the services of accountants, attorneys or other consultants necessary to assist it in determining the rebate payments, if any, owed to the Unites States with respect to the Bonds. The Municipality shall maintain or cause to be maintained records of determinations of rebate liability with respect to the Bonds for each computation date until six years after the retirement of the last of the Bonds. The Municipality shall make such records available to the State of Wisconsin upon reasonable request therefor. Section 17. Resolution a Contract . The provisions of this Resolution shall constitute a contract between the Municipality and the owner or owners of the Bonds, and after issuance of any of the Bonds no change or alteration of any kind in the provisions of this Resolution may be made, except as provided in Section 14, until all of the Bonds have been paid in full as to both principal and interest. The owner or owners of any of the Bonds shall have the right in addition to all other rights, by mandamus or other suit or action in any court of competent jurisdiction, to enforce such owner’s or owners’ rights against the Municipality, the Governing Body, and any and all officers and agents thereof including, but without limitation, the right to require the Municipality, its Governing Body and any other authorized body, to fix and collect rates and charges fully adequate to carry out all of the provisions and agreements contained in this Resolution. Section 18. Continuing Disclosure . The officers of the Municipality are hereby authorized and directed, if requested by the State, to provide to the State of Wisconsin Clean Water Fund Program (the “CWFP”) and to such other persons or entities as directed by the CWFP such ongoing disclosure regarding the Municipality’s financial condition and other matters, at such times and in such manner as the CWFP may require, in order that securities issued by the Municipality and the CWFP satisfy rules and regulations promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as amended or may be amended from time to time imposed on brokers and dealers of municipal securities before the brokers and dealers may buy, sell, or recommend the purchase of such securities. Section 19. Conflicting Resolutions . All ordinances, resolutions (other than the Prior Resolutions), or orders, or parts thereof heretofore enacted, adopted or entered, in conflict with the provisions of this Resolution, are hereby repealed, and this Resolution shall be in effect from and after its passage. In case of any conflict between this Resolution and the Prior Resolutions, the Prior Resolutions shall control as long as the Prior Bonds are outstanding. 10 4836-7637-1205.1 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, Wald Klimczyk Proposed by: Utility Director Prepared by: City Bond Counsel 11 4836-7637-1205.1 EXHIBIT A FORM OF BOND UNITED STATES OF AMERICA REGISTERED REGISTERED NO. R - 1 STATE OF WISCONSIN $27, 212,000 COUNTY OF ROCK CITY OF JANESVILLE SEWERAGE SYSTEM REVENUE BONDS, SERIES 2010 Final Date of Maturity Date Original Issue May 1, 2029 April 14, 2010 REGISTERED OWNER: STATE OF WISCONSIN CLEAN WATER FUND PROGRAM KNOW ALL MEN BY THESE PRESENTS that the City of Janesville, Rock County, Wisconsin, (the “Municipality”) hereby acknowledges itself to owe and for value received promises to pay to the registered owner shown above, or registered assigns, solely from the fund hereinafter specified, the principal sum of an amount not to exceed $27,212,000 (but only so much as shall have been drawn hereunder, as provided below) on May 1 of each year commencing May 1, 2012 until the final maturity date written above, together with interest thereon (but only on amounts as shall have been drawn hereunder, as provided below) from the dates the amounts are drawn hereunder or the most recent payment date to which interest has been paid, at the rate of 2.15% per annum, calculated on the basis of a 360-day year made up of twelve 30-day months, such interest being payable on the first days of May and November of each year, with the first interest being payable on November 1, 2010. The principal amount evidenced by this Bond may be drawn upon by the Municipality in accordance with the Financial Assistance Agreement entered by and between the Municipality and the State of Wisconsin by the Department of Natural Resources and the Department of Administration including capitalized interest transferred (if any). The principal amounts so drawn shall be repaid in installments on May 1 of each year commencing on May 1, 2012 in an amount equal to an amount which when amortized over the remaining term of this Bond plus current payments of interest (but only on amounts drawn hereunder) at 2.15% per annum shall result in equal annual payments of the total of principal and the semiannual payments of interest. The State of Wisconsin Department of Administration shall record such draws and corresponding principal repayment schedule on a cumulative basis in the format shown on the attached Exhibit A. 4836-7637-1205.1 Both principal and interest hereon are hereby made payable to the registered owner in lawful money of the United States of America. On the final maturity date, principal of this Bond shall be payable only upon presentation and surrender of this Bond at the office of the Municipal Treasurer. Principal hereof (except the final maturity) and interest hereon shall be payable by electronic transfer or by check or draft dated on or before the applicable payment date and mailed from the office of the Municipal Treasurer to the person in whose name this Bond is registered at the close of business on the fifteenth day of the calendar month next preceding such interest payment date. The Bonds shall not be redeemable prior to their maturity, except with the consent of the registered owner. This Bond is transferable only upon the books of the Municipality kept for that purpose at the office of the Municipal Treasurer, by the registered owner in person or its duly authorized attorney, upon surrender of this Bond, together with a written instrument of transfer (which may be endorsed hereon) satisfactory to the Municipal Treasurer, duly executed by the registered owner or its duly authorized attorney. Thereupon a replacement Bond shall be issued to the transferee in exchange therefor. The Municipality may deem and treat the person in whose name this Bond is registered as the absolute owner hereof for the purpose of receiving payment of or on account of the principal or interest hereof and for all other purposes. This Bond is issuable solely as a negotiable, fully-registered bond, without coupons, and in denominations of $0.01 or any integral multiple thereof. This Bond is issued for the purpose of providing for the payment of the cost of constructing improvements to the Sewerage System of the Municipality, pursuant to Article XI, Section 3, of the Wisconsin Constitution, Section 66.0621, Wisconsin Statutes, and a resolution adopted March 22, 2010, and entitled: “Resolution Authorizing the Issuance and Sale of up to $27,212,000 Sewerage System Revenue Bonds, Series 2010 and Providing for Other Details and Covenants with Respect Thereto”, and is payable only from the income and revenues derived from the operation of the Sewerage System of the Municipality (the “Utility”). The Bonds are issued on a parity with the Municipality’s Sewerage System Revenue Bonds, Series 1992A, Series 1996, Series 1998, Series 2000, Series 2001, and Series 2004. This Bond does not constitute an indebtedness of said Municipality within the meaning of any constitutional or statutory debt limitation or provision. It is hereby certified, recited and declared that all acts, conditions and things required to exist, happen, and be performed precedent to and in the issuance of this Bond have existed, have happened and have been performed in due time, form and manner as required by law; and that sufficient of the income and revenue to be received by said Municipality from the operation of its Utility has been pledged to and will be set aside into a special fund for the payment of the principal of and interest on this Bond. A-2 4836-7637-1205.1 IN WITNESS WHEREOF, the Municipality has caused this Bond to be signed by the signatures of its City Manager and City Clerk, and its corporate seal (or a true facsimile thereof) to be impressed (or imprinted) hereon, all as of the date of original issue specified above. CITY OF JANESVILLE, WISCONSIN [SEAL] By Name Eric Levitt, City Manager By Name Jean A. Wulf, City Clerk A-3 4836-7637-1205.1 (FORM OF ASSIGNMENT) FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ (Please print or typewrite name and address, including zip code, of Assignee). Please insert Social Security or other identifying number of Assignee , the within Bond, and all rights thereunder, hereby irrevocably constituting and appointing Attorney to transfer said Bond on the books kept for the registration thereof with full power of substitution in the premises. Dated: NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. Signature(s) guaranteed by: A-4 4836-7637-1205.1 EXHIBIT A TO BOND FORM $27, 212,000 CITY OF JANESVILLE, WISCONSIN SEWERAGE SYSTEM REVENUE BONDS, SERIES 2010 Amount of Date of Series of Principal Principal Disbursement Disbursement Bonds Repaid Balance A-5 4836-7637-1205.1 PRINCIPAL REPAYMENT SCHEDULE Date Principal Amount May 1, 2012 $1,254,065.46 May 1, 2013 1,281,027.87 May 1, 2014 1,308,569.97 May 1, 2015 1,336,704.22 May 1, 2016 1,365,443.37 May 1, 2017 1,394,800.40 May 1, 2018 1,424,788.61 May 1, 2019 1,455,421.56 May 1, 2020 1,486,713.13 May 1, 2021 1,518,677.46 May 1, 2022 1,551,329.02 May 1, 2023 1,584,682.60 May 1, 2024 1,618,753.27 May 1, 2025 1,653,556.47 May 1, 2026 1,689,107.93 May 1, 2027 1,725,423.75 May 1, 2028 1,762,520.36 May 1, 2029 1,800,414.55 4836-7637-1205.1 Community Development Department Memorandum Date: March 11, 2010 TO: Janesville City Council FROM: Gale Price, AICP, Building & Development Services Manager SUBJECT: Introduce, refer to Plan Commission and schedule a public hearing on a proposed ordinance rezoning property located at 4332 Milton Avenue from R1, Single Family Residence District, to O1, Office/Residence District (File Ordinance No. 2010-454) _____________________________________________________________________ Donald Kwarciany has requested the rezoning of property located at 4332 Milton Avenue from R1, Single Family Residential District, to O1, Office/Residence District. The applicant is requesting the rezoning to establish a dental office in an existing single family home on the property. The structure would be remodeled to accommodate the use and necessary parking would be provided in area that is currently greenspace on the site. The Community Development Department recommends that following the first reading of Ordinance No. 2010-454, it be referred to the Plan Commission for review and recommendation and scheduled for public hearing on May 10, 2010. cc: Brad Cantrell Eric Levitt Jay Winzenz ORDINANCE NO. 2010-454 An ordinance changing the zoning classification of 4332 Milton Avenue from R1, Single Family Residence District, to O1, Office/Residence District, with a penalty and injunctive relief for a violation thereof as set forth in Section 18.28.010 of the Code of General Ordinances of the City of Janesville. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. The zoning classification of the following described property is hereby changed from R1, Single Family Residence District, to O1, Office/Residence District: th Part of the East ½ SW. ¼ of Section 8, T.3N., R.13E. of the 4 P.M., Rock County, Wisconsin described as follows: Commencing at the intersection along the north-south centerline of said Section 8 and southeasterly right-of-way of USH 26 (Milton Avenue); thence southwesterly along said right-of-way 519 feet o more or less to the point of beginning; thence S.3542’40”E. 146 feet more or o less, thence southwesterly 195 feet; thence N.3542’40”W. 140 feet more or less to USH 26 right-of-way; thence northeasterly along said right-of-way 198 feet more or less to the point of beginning. SECTION II. This ordinance shall take effect immediately upon adoption by the Common Council, the public health, welfare, peace, tranquility, good order, public benefit, and police power so requiring. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner McDonald Eric J. 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