The URL can be used to link to this page

Full Agenda Packet CITY OF JANESVILLE CITY COUNCIL MEETING AGENDA MONDAY, September 27, 2010 7:00 P.M. 1. Call to Order and Pledge of Allegiance. 2. Roll Call. 3. Regular City Council meeting minutes of September 13, 2010. “C” 4. Licenses; and Recommendations of the Alcohol License Advisory Committee. (Refer to separate agenda.) “C” 5. Financial statement for the month of August, 2010. “C” 6. Action on a proposed resolution deferring special assessments for the property located at 402 South Washington Street. (File Res. No. 2010-732) “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 for a comprehensive text amendment to change the zoning and building codes with regard to detached structures. (Revised File Ord. No. 2010-459) 3. Second reading, public hearing and action on a proposed ordinance amending the list of streets required to yield to other designated streets to include: ? North Osborne Avenue yields to Bond Place ? North Marion Avenue yields to Bond Place ? North Willard Avenue yields to Bond Place ? Division Street yields to East Van Buren Street (File Ord. No. 2010-724) 4. Action on a proposed resolution authorizing the issuance of $7,620,000 in Promissory Notes for financing various public purposes. (File Res. No. 2010-727) ----------------------- “C” – This designation indicates an item that the City Council will take up under a Consent Agenda. City Council Agenda – September 27, 2010 Page 2 NEW BUSINESS 1. Action on a proposed resolution authorizing of the conveyance of an easement across a portion of greenbelt west of Castlemoor Drive. (File Res. No. 2010-726) 2. Action on a proposed resolution authorizing the acquisition and demolition of real property located at 176 Lincoln Street. (File Res. No. 2010-733) 3. Introduce and schedule a public hearing on a proposed ordinance amending JGO Chapter 2.56 regulating the payment of prevailing wages on public works construction projects and publicly funded private construction projects with penalties as set forth in proposed JGO 2.56.070. (File Ord. No. 2010-462) 4. Introduce and schedule a public hearing on a proposed ordinance annexing property located adjoining LaPrairie Park south of East Delavan Drive and west of Read Road. (File Ord. No. 2010-464) 5. Introduce, refer to Plan Commission and schedule a public hearing on a proposed ordinance zoning property located adjoining LaPrairie Park south of East Delavan Drive and west of Read Road to M and M1 upon annexation. (File Ord. No. 2010-465) 6. Requests and comments from the public on matters which can be affected by Council action. 7. Matters not on the Agenda. 8. 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, negotiating, and/or bidding terms and conditions for acquiring certain property(ies), 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 September 13, 2010 VOL. 61 NO. 16 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on September 13, 2010. The meeting was called to order by Council President Voskuil at 7:00 PM. Council President Voskuil led the Council in the Pledge of Allegiance. Present: Council President Voskuil, Councilmembers Brunner, McDonald, Perrotto, Rashkin, Steeber and Truman. CONSENT AGENDA Minutes of the regular meeting of August 23, 2010. Licenses and Recommendations of the Alcohol License Advisory Committee. Action on a financial gain request from Foundation for Preservation of 108 South Jackson to conduct a run/walk on October 2, 2010. Action on a request from New Life Assembly of God to waive park rental fees. Council President Voskuil removed the Action on a request from New Life Assembly of God to waive park rental fees from the Consent Agenda. She stated that all other items on the consent agenda would be approved if there were no objections. There were none. Councilmember Brunner moved to charge park rental fees to New Life Assembly of God with the fees being used for scholarships for Leisure Service programs, seconded by Councilmember Steeber and passed unanimously. Special Recognition: Action on a proposed resolution in commendation of Brad Cantrell’s thirty-one years of service to the City of Janesville. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Perrotto and passed unanimously. (File Res. No. 2010-730) OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. Steve Walker, 513 Oakland Ave. spoke in favor of a new ice arena with two sheets of ice (OB #4). Andreah Briarmoon, 339 S. Locust St., spoke against a new ice arena. 2. A proposed ordinance amending Section 9.84.050 of the Code of General Ordinances regulating the carrying of firearms and handguns in the City of Janesville with penalties received its second reading and public hearing. Andreah Briarmoon, 339 S. Locust St., asked that the vote be postponed until citizens could provide input on the ordinance. The public hearing was closed. Councilmember Brunner moved to adopt said ordinance, seconded by Councilmember Steeber and passed unanimously. (File Ord. No. 2010-458) 3. A proposed ordinance to expand special fare token purchases to public agencies received its second reading and public hearing. Andreah Briarmoon, 339 S. Locust St., stated that any child eligible for free lunch would be eligible for this program. The public hearing was closed. Councilmember Steeber moved to adopt said ordinance, seconded by Councilmember Truman and passed unanimously. (File Ord. No. 2010-460) 4. Consideration, discussion, and action concerning the current and potential future Janesville ice rinks as discussed in the recent Rink Management Services Corporation ice rink evaluation. Councilmember Steeber moved to contribute up to $2,000,000 for one sheet of ice at the previously selected site, which could be expanded up to two sheets, if private funds are raised by December 31, 2010, seconded by Councilmember Truman and passed by the following vote: Aye: Brunner, Perrotto, Rashkin, Steeber, Truman, and Voskuil. Nay: McDonald. 5. Consideration, discussion, and action on a proposed advertising policy at the Youth Sports Complex. Councilmember Steeber moved to adopt said policy, seconded by Councilmember Rashkin and passed unanimously. NEW BUSINESS 1. Discussion and possible action on proposed lease modifications with Wisconsin Hockey Partners LLC. Councilmember Steeber moved to adopt said lease modifications, seconded by Councilmember Rashkin. Councilmember Voskuil offered a friendly amendment to vote on each modification individually. The friendly amendment was not accepted by the seconder. The motion passed unanimously. 2. Action on a proposed resolution authorizing funding for a land rink impoundment system in Traxler Park. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Truman and passed unanimously. (File Res. No. 2010-731) 3. Action on a request to commit $400,000 as a 25% local match for an EDA Business Incubator grant application. Councilmember Rashkin moved to commit $400,000 as a 25% local match for an EDA Business Incubator grant application, seconded by Councilmember Brunner and passed unanimously. 4. Review and approval of an Economic Development Grant to Fuji Steakhouse 2235 Milton Ave. Councilmember Steeber moved to approve said grant, seconded by Councilmember Truman and passed by the following vote: Aye: Brunner, Perrotto, Rashkin, Steeber, Truman, and Voskuil. Nay: McDonald. 5. A Metropolitan Planning Organization Policy Board meeting was scheduled for October 25, 2010 at 6:15 p.m. 6. Study session meetings to review 2011 proposed City and Library budgets were scheduled for 6 p.m. on October 13, October 21, October 26 and November 4, 2010. Councilmembers waived notice of the study sessions. 7. A recommendation of the Transportation Committee to introduce a proposed ordinance amending the list of streets required to yield to other designated streets to include: N. Osborne Ave. yields to Bond Pl.; N. Marion Ave. yields to Bond Pl.; N. Willard Ave. yields to Bond Pl.; and Division St. yields to E. Van Buren St. was introduced and scheduled for a public hearing on September 27, 2010. (File Ord. No. 2010-724) 8. A proposed ordinance rezoning property located at 2723 W. Memorial Dr. from B2 to R3M was introduced, referred to Plan Commission, and scheduled for public hearing on October 25, 2010. (File Ord. No. 2010-461) 9. Requests and comments from the public on matters which can be affected by Council action. Andreah Briarmoon, 339 S. Locust St., asked that Council request the state change election days. Ty Bollerud, 4608 Pendleton Ct., asked Council to explore creating a public electric utility on the Rock River and to restore the Monterey Hotel. 10. Matters not on the Agenda. Councilmember Steeber asked the administration to look at a way to reduce the volume of paper that Council receives. Councilmember Perrotto asked administration how the sign ordinance was enforced. Chief of Police Moore stated officers removed signs in violation of the ordinance as time permits. Councilmember Truman requested that the new ice arena manager be introduced to user groups and that Administration ensure there are adequate recycling bins at the ice arena. Councilmember Rashkin asked for a second to get the conversion of Milwaukee St. to a two way on a future agenda. Councilmember Truman seconded. Councilmember Rashkin reminded everyone about the “Chalk Walk” on the Janesville Mile October 15, 2010. Councilmember McDonald reminded everyone to vote September 14, 2010. Councilmember Voskuil stated that she and Councilmember Truman were spearheading a food drive October 23, 2010 for Echo and the Salvation Army and asked other Councilmembers to participate. 11. Councilmember Steeber moved to convene into closed session pursuant to Wisconsin Statute Section 19.85(1)(e) for the purpose of deliberating upon and setting the negotiating and bargaining parameters, terms and conditions for: (1) a TIF 22 development agreement industrial incentive package and (2) upcoming collective bargaining agreement(s) renewal seconded by Councilmember Perrotto and passed unanimously. There being no further business, Council adjourned at 10:02 p.m. These minutes are not official until approved by the City Council. David T. Godek Deputy Clerk-Treasurer JANESVILLE CITY COUNCIL LICENSE AGENDA 9/27/2010 RECOMMENDED A. ELECTRICIANS–ORIGINAL Jeffrey S. Albrecht 18235 Patti Lane, Brookfield, WI Randy A. Eroen 1741 Commercial Avenue, Madison, WI Brent Yauchler P.O. BOX 235, Baraboo, WI 53913 B. SIGN ERECTOR–ORIGINAL Hughes Home Interiors 3385 Widgeon Drive C. SECONDHAND JEWELRY DEALER–ORIGINAL Trendy Consignments 21 ½ N. Main Street ACCOUNTING DIVISION MEMORANDUM September 17, 2010 TO: City Council FROM: Patty Lynch, Comptroller SUBJECT: Financial Statement for the Month of August 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 to 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 August ExpendituresCompared to Three-Year Average Current YTD 3 Yr. Avg. 80% 70% Percent of Total Budget 60% 50% 40% 30% 20% 10% 0% General FundWater -Wastewater - OperatingOperatingSanitation REVENUE SUMMARY The graph below indicates revenue has been earned as anticipated for the General Fund and Wastewater Utility. The Water Utility sales revenue is under the budgeted level and the Sanitation fund continues to lag compared to the budget trends. August 2010 Financial Statement September 17, 2010 Page 2 Year-To-Date August RevenuesCompared to Three-Year Average Current YTD 3 Yr. Avg. 90% 80% Percent of Total Budget 70% 60% 50% 40% 30% 20% 10% 0% General FundWaterWastewaterSanitation Other items of interest in the Financial Statement are as follows: Proprietary Funds (page 4) ? The Stormwater Utility has a deficit operating cash balance of $337,592 at August 31, 2010. This is because revenue is billed on a quarterly basis (approximately $518,000) after expenditures have been made. ? Transit reports a negative cash balance of $705,271 due to the timing of grant reimbursements. Special Revenue Fund Balance (page 5) ? The Golf Courses fund has a negative fund balance of $28,723. This is due to the January transfer of its debt service payment ($53,803) to the debt service fund, and Riverside Golf Course tree damage ($43,938). ? TIF 3 has a positive balance of $246,684. The positive balance will be used to repay the general fund advance plus accrued interest. ? At August 31, 2010, the TIF districts have a combined deficit fund balance of $838,975. However, TIF projections indicate the districts will reach a positive fund balance before they expire. ? Landfill long-term care of site #3023 ($101,466) 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. August 2010 Financial Statement September 17, 2010 Page 3 A representative of the Administrative Services Department will be available at the Council Meeting on September 27, 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 CLERK-TREASURER MEMORANDUM September 15, 2010 TO: City Council FROM: Jean Ann Wulf, City Clerk-Treasurer SUBJECT: Action on a proposed resolution deferring special assessments for the property located at 402 S. Washington St. (File Resolution 2010-732) The property owner residing at 402 S. Washington St. has requested a special assessment hardship deferment based on their current economic status. The special assessments have a current balance of $3,068.44. Council Policy Statement No. 63 acknowledges financial hardships where property owners cannot pay for their special assessments. To qualify for a deferment, a property owner must: be over 64 years of age or is handicapped so as to limit earning ability; own and reside at the property where the improvements were made; and, earn less than 50% of the County median income as established by the Department of Housing and Urban Development. In the past, the City Council has granted financial hardship interest-free deferments. The assessments will not be due until the property owner sells his home. The Neighborhood Services Department staff has verified that the property owner at 402 S. Washington St. is eligible for the deferment. The Administration has prepared Resolution No. 2010-732 which would defer interest free the special assessments until the property is sold. We recommend the City Council adopt this resolution. City Manager Recommendation The recommended motion is consistent with City Council policy. Suggested Motion: “I move to adopt Resolution 2010-732 which will defer interest free the special assessments levied against 402 S. Washington St. cc: Jay Winzenz, Assistant City Manager RESOLUTION NO. 2010-732 A Resolution deferring special assessments for sidewalk for the property located at 402 S. Washington St. WHEREAS, The Administration has determined that the owner of property at 402 S. Washington St., tax parcel 0135300226 resides at this address and meets the conditions outlined in City Council Policy No. 63, paragraph V.B. for special assessment deferments; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville, that the special assessments in the amount of $3,068.44 for 402 S. Washington St., shall be a lien on this property and be paid when the property is sold or transferred without any accumulation of interest. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner McDonald Eric Levitt, City Manager Perrotto Steeber ATTEST: Truman Rashkin Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: City Attorney, City Attorney Proposed by: Clerk-Treasurer’s Department Prepared by: Clerk-Treasurer’s Department Community Development Department Memorandum Date: September 27, 2010 TO: Janesville City Council FROM: Vicky Miller, Development Specialist SUBJECT: Second reading, public hearing and action on a proposed ordinance for a comprehensive text amendment to change the Zoning and Building Codes with regard to detached structures (File Revised Ordinance No. 2010- 459). _____________________________________________________________________ SUMMARY The Community Development Department has drafted an Ordinance to amend Chapter 15, Buildings and Construction and Chapter 18, Zoning, in order to establish new setback requirements between a principal structure (house) and any detached structure (garage or shed). Staff drafted the amendment in response to a request by the Zoning Board of Appeals to eliminate recurring variance applications for a reduction in the setback between the rear line of a house and the front line of a detached garage. While drafting the amendment, Staff recognized other inconsistencies in the code which require revision, and those changes are also being proposed at this time along with the setback revisions. DEPARTMENT RECOMMENDATION The Plan Commission and Community Development Department recommend that following a public hearing, the City Council support a motion to adopt Revised Ordinance No. 2010-459 amending the Zoning and Building ordinances with regard to detached structures. CITY MANAGER RECOMMENDATION The City Manager defers to the Plan Commission recommendation. SUGGESTED MOTION A motion to adopt Revised Ordinance No. 2010-459 amending the Zoning and Building codes regarding detached structures. ANALYSIS A. Over the past 7 years, the Zoning Board of Appeals has consistently received variance requests to reduce the setback between the rear line of a home and the front line of a detached structure. The current code requires that the front wall of any detached structure must be located at least 5 feet from the rear line of the house. The configuration of buildings on a lot often prevent a property owner from being able to obtain a permit to add onto his home because of the location of an existing detached garage or to build a new garage because of the location of the “rear line” of the house. In simpler terms, the code prevents a homeowner from placing a detached structure in a “corner niche” of an “L” shaped house. The following two scenarios currently require variance approval (see Addendum A): 1. A property owner wishes to add a room onto the rear of his home but cannot obtain a building permit without variance approval because an existing detached garage is located too close (less than 5 feet) to the house. 2. A property owner wishes to construct a detached garage in the rear yard but the yard is not deep enough to provide the required 5 foot setback from the house. Over the past 7 year period, 17 variance requests of this sort have been received and all but one was approved. The Zoning Board requested that Staff work to amend the code to address this type of case because of the repeat similar requests. If enacted, the code change would have allowed 16 of the 17 variance requests to be permissible without a variance. B. The attached proposal (Revised Ordinance No. 2010-459) is a comprehensive amendment. Pages 1-5 cover Zoning (Chapter 18) and pages 5-11 cover Building codes (Chapter 15). Some sections, particularly the definitions have been repeated within each chapter to provide consistency. C. The main intent of the proposed code changes is to establish new rules with regard to the minimum setback required between a house and a detached garage or shed, so that the “rear line of the house” is changed to the “closest rear wall of the house” (illustrated on pages 2 and 3 of Addendum B). D. The proposed changes would eliminate the variance requests as described above and reinforce other principals and Staff interpretations derived from the existing code. These changes may be referenced in Addendum B. Section 18.20.466 d. 1. No detached structure may be closer than 5 feet from the house. Section 18.20.467 b. 2. There must be at least 5 feet between the “closest” rear wall of the house and the front wall of the garage. Any secondary/adjacent garage wall(s) must be at least 10 feet from the house or a minimum of 5 feet from the house if a fire wall is provided in accordance with the Wisconsin Uniform Dwelling Code. The basis for this change reflects a minimum 10 foot required fire separation distance between buildings if no firewall is provided. Section 18.20.565 3. A definition of “Living Area” has been created. Since the existing code allows an attached garage to be the same size as the living area in the home, Staff believes that the code should include a definition of what that is. Section 15.01.040 4. Chapter 15 of Addendum B is amended in order to adopt the current Wisconsin Administrative Code and apply it to dwellings and detached structures. Section 15.01.200 A. and H. 5. The definition of “accessory building” and “garage” are revised to distinguish between the two terms. An “accessory building” is any detached structure less than or equal to 120 square feet in area, and a “garage” is greater than 120 square feet. Sections 15.01.240 and 15.01.250 6. Historically, 48 inch deep concrete frostwalls are required for all heated buildings; however there have been some changes in the state and international codes which allow slab-on- grade foundations when other building conditions are met. The proposed revisions are responsive to those regulations. E. Staff anticipates that the Zoning Code will likely be rewritten in its entirety in the near future. Since there is some uncertainty about when that may take place, Staff has taken the initiative to address some past issues through revision of these ordinances which have been problematic. Staff believes this comprehensive amendment to the ordinances will reduce workloads for both the Zoning Board and Community Development staff and create greater overall citizen satisfaction. PLAN COMMISSION ACTION – 7 SEPTEMBER 2010 Vicky Miller, Development Specialist, presented the written staff report. Commissioner Voskuil asked if the proposed definition of “living area” would be universal throughout the code. Miller responded that “living area” was created and then duplicated to be identical in Chapters 15 and 18. Price indicated that the definition would apply to just the chapters being revised (15 and 18) with this ordinance amendment and that in his research of other local ordinances, he had not been able to find another definition of living area. There was a motion by Commissioner Zolidis with a second by Commissioner Perrotto to forward the proposed ordinance to the City Council with a favorable recommendation. The motion carried on a 5-0-0 vote. FISCAL IMPACT The fiscal impact from these text amendments should be negligible. Although there would be a lesser number of variance applications made to the Zoning Board of Appeals annually and a subsequent decrease in revenue, the application fees do not cover the entire cost of staff time associated with processing a request. In addition, Staff does not think it is appropriate to continue to send property owners to the Zoning Board for a repeat variance that can be reasonably resolved with a code amendment. cc: Gale Price REVISED ORDINANCE NO. 2010- 459 An ordinance amending the City’s Zoning and Building Regulations with regard to the construction of detached structures and setbacks as set forth in JGO Chapters 15 and 18 applicable Chapters of Janesville’s Code of General Ordinances, with penalties for violations thereof as set forth respectively as applicable in JGO 18.28.010 and 15.02.130. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Section 18.20.465 of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: “18.20.465 GARAGE. “Garage” means a building or portion thereof that is greater than 120 square feet in area and in which a motor vehicle containing gasoline, distillate, or other volatile flammable liquid in its tank may or may not be stored, prepared, or kept. A garage may also allow storage of other vehicles (including electric vehicles), tools, gardening equipment, or other vehicle or equipment that includes gasoline or other volatile flammable liquid in its tank.” A. "Garage" means a building or portion thereof in which a motor vehicle containing gasoline, distillate, or other volatile, flammable liquid in its tank may be stored, prepared or kept. B. "Private Garage" means a garage in which motor vehicles used only by the occupants of the building or buildings on the premises may be stored or kept. C.“Attached Private Garage," means a private garage that is attached directly to the principal building, attached to the principal building by means of an enclosed or open breeze- way, porch, or vestibule, constructed so as to form an integral part of the principal building, constructed in the basement of the principal building, or otherwise situated that any portion of it lies in front of an imaginary line extending across the lot, said lot being five feet in back of and parallel to the rear-most portion of the principal building, whether or not such garage is physically attached to the principal building. However, on any corner lot a garage which is more than 10 feet from the nearest portion of the principal building shall be considered a detached private garage. D. "Detached private garage" means a private garage more than 120 square feet in size, entirely separated from the principal building and not defined as an attached garage. DETACHED GARAGE DETACHED GARAGE STANDARD LOT CORNER LOT DELETE PICTURES 1 Formatted: Centered SECTION II. Section18.20.466 of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: “18.20.466 GARAGE, ATTACHED. “Attached garage” shall mean a garage which meets or exceeds one or more of the following: a. attached directly to the principal building, b. attached to the principal building by means of an enclosed or open breezeway, porch, terrace, or vestibule, constructed so as to form an integral part of the principal building, c. constructed in the basement of the principal building, d. situated less than 5 feet from any point of the principal building and/or attached deck, e. situated so that any portion of any garage wall lies on or to the rear of an imaginary line extending across the lot, (said line being 5 feet in back of AND parallel to the closest rear wall of the principal building or attached deck) and at least one garage wall is closer than 10 feet from any other wall of the principal building. fe. situated so that any portion of any garage wall lies on or in front of an imaginary line extending across the lot, (said line being 5 feet in back of and parallel to the closest rear wall of the principal building or attached deck), AND at least one garage wall is less than 10 feet from any other wall of the principal structure.” 2 Formatted: Centered Formatted: Centered 3 Formatted: Centered SECTION III. Section18.20.467 of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: “18.20.467 GARAGE, DETACHED. “Detached garage” shall mean a garage entirely separated from the principal building and which meets or exceeds one or more of the following: a. situated so that any portion of any garage wall lies on or to the rear of an imaginary line extending across the lot, (said line being 5 feet in back of and parallel to the closest rear wall of the principal building or attached deck) AND all other garage walls are 10 feet (or five feet if a firewall is provided in accordance with the Wisconsin Uniform Dwelling Code) or more from any other wall of the principal building. b. situated so that any portion of any garage wall lies on or in front of an imaginary line extending across the lot (said line being 5 feet in back of and parallel to the closest rear wall of the principal building or attached deck) AND all other garage walls are 10 feet (or five feet if a firewall is provided in accordance with the Wisconsin Uniform Dwelling Code) or more from any other wall of the principal building.” 4 Formatted: Underline Formatted: Underline, Font color: Auto Formatted: Centered 5 Formatted: Centered SECTION IV. Section 18.20.565 of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: “18.20.565 LIVING AREA. “Living area” means the gross floor area of living space within the principal building, excluding porches, decks, breezeways, garages, and basements, regardless of whether or not these areas are finished.” SECTION V. Section 18.32.100 of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: “18.32.100 ACCESSORY BUILDINGS , (ATTACHED AND DETACHED), AND DETACHED PRIVATE GARAGES, STRUCTURES, AND USES. The following regulations shall govern accessory buildings, structures, and uses. A. Accessory buildings, attached and detached private garages, structures, and uses shall be compatible with the principal use and shall not be established prior to the establishment Formatted: Centered, Indent: First line: 0" of a principal use on a lot. B. Except as otherwise regulated herein, any accessory building or structure hereafter erected, altered, enlarged, or moved on a lot shall conform with the following: 1. No detached private garage or accessory building , each of shall be nearer than five feet from the nearest portion of any other building on the lot. 2. All detached garages and accessory buildings must comply with the front yard and corner sideyard setback requirements as described within each zoning district. 3. No detached private garage or accessory building directly adjacent to a principal building shall be less than eight feet from any interior side lot line and ten feet from the principal building. 4. When a detached garage or accessory structure is located to the rear of the closest perpendicular line of the principal building, no detached structure shall be less than the distance(s) described in Section 18.20.467 from the principal structure. C. No detached private garage or accessory building “accessory” to a residence shall have more than one story or exceed fourteen feet in height, measured from floor to peak of roof. The building official may authorize a greater building height not to exceed twenty-two feet for private detached garages which are located in a district listed on the National Register of Historic Places or in a historic overlay district, but only in order to construct a roof pitch to be compatible with the roof pitch of the principal building. D. Attached private garages shall be considered part of a principal building and shall comply with the setbacks for a principal building. E. Detached private garages shall comply with the setbacks for accessory buildings. 6 Formatted: Underline Formatted: Underline Formatted: Centered F. No accessory building “accessory” to a one or two family residence shall be greater than 120 square feet in area. No detached private garage “accessory” to a one or two family residence shall be greater than 750 square feet in area. No attached garage “accessory” to a one or two family residence shall be greater than the gross “living area” of the principal building as defined in Section 18.20.565. G. For each dwelling unit in a single or two family residence there shall be no more than one accessory building and no more than one detached private garage.” SECTION VI. Sections 18.36.020 B.1.f.i., B.2.f.i., B.3.f.i., B.4.f.i., B.5.f.i., and B.6.f.i. of the Code of General Ordinances of the City of Janesville are hereby amended to read as follows: 18.36.020 B.1. R1 - Single-Family and Two-Family Residence District. “f. Minimum setback requirements for accessory uses structures: i. Front yard, five feet to the rear of the principal building as set forth in Section 18.20.467, as from time to time amended or renumbered;” 18.36.020 B.2. R1D - Two-Family Residence District. “f. Minimum setback requirements for accessory uses structures: i. Front yard, five feet to the rear of the principal building as set forth in Section 18.20.467, as from time to time amended or renumbered;” 18.36.020 B.3. R2 – Limited General Residence District “f. Minimum setback requirements for accessory uses structures: i. Front yard, five feet to the rear of the principal building as set forth in Section 18.20.467, as from time to time amended or renumbered;” 18.36.020 B.4. R3M - Medium Density Residence District. “f. Minimum setback requirements for accessory uses structures: i. Front yard, five feet to the rear of the principal building as set forth in Section 18.20.467, as from time to time amended or renumbered;” 18.36.020 B.5. R3 – General Residence District “f. Minimum setback requirements for accessory uses structures: i. Front yard, five feet to the rear of the principal building as set forth in Section 18.20.467, as from time to time amended or renumbered;” 18.36.020 B.6. R4 – Central Residence District “f. Minimum setback requirements for accessory uses structures: i. Front yard, five feet to the rear of the principal building as set forth in Section 18.20.467, as from time to time amended or renumbered;” SECTION VII. Section 15.01.040 of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: “Section 15.01.040 - ADOPTION OF "WISCONSIN ADMINISTRATIVE CODE" 7 Formatted: Centered The Wisconsin Administrative Code for 1 and 2 Family Dwellings, also known as the Wisconsin Uniform Dwelling Code, ILHR including but not limited to Comm 20-25 and 60-66, as from time to time amended or renumbered, and The Building and Heating, Ventilation and Air Conditioning Code, ILHR 50-64, is adopted by reference and made a part of this chapter and title as if fully set forth herein. Any act required to be performed or prohibited by such code incorporated hereby by reference is required or prohibited by this chapter. This section adopts such other Wisconsin Administrative Codes as may supersede, supplant or in any way amend, modify, change or add to the Wisconsin Administrative Code as adopted above.” SECTION VIII. Sections 15.01.050 C. and D. of the Code of General Ordinances of the City of Janesville are hereby amended to read as follows: “Section 15.01.050 - APPLICATION OF CODE C. One and Two Family Dwellings - The City’s one and two family dwelling code and related City ordinances shall apply to new and existing one and two family dwellings, and to parts thereof, which are hereafter erected or altered. Residential detached garages and accessory buildings are subject to the Wisconsin Uniform Dwelling Code for One- and Two- Family Dwellings and are included within the scope of this code. D. All buildings and structures used for occupancy as specified in ILHR 54-62 the Wisconsin Uniform Dwelling Code [Comm 60-66] shall conform to the applicable requirements of the Wisconsin Administrative Building Code or and City of Janesville General Ordinances.” SECTION IX. Section 15.01.050 G. of the Code of General Ordinances of the City of Janesville is hereby repealed: G. Cold Storage Warehouse Use - Buildings or structures without continuous four foot (4') footings shall only be allowed in industrial zoned property for cold storage warehouse use. Concrete floors must be installed in buildings. No water and sewer laterals or heating devices may be installed in or to such buildings. SECTION X. Sections 15.01.200 A. and H. of the Code of General Ordinances of the City of Janesville are hereby amended to read as follows: “Section 15.01.200 - GENERAL DEFINITIONS A. Accessory Building - A part of a principal building, or a supplemental building located on the same lot with a principal building and generally used for storage, private garage, or other use customarily incident to a residence use. A building that is less than or equal to 120 square feet, is incidental and subordinate to the principal building, serves the principal building exclusively, and is detached from but located on the same lot with such principal building.)” “H. Garage - A building or portion thereof in which a motor vehicle containing gasoline, distillate, or other volatile, flammable liquid in its tank is stored, repaired, or kept. A building or portion thereof that is greater than 120 square feet in area and in which a motor vehicle or equipment containing gasoline, distillate, or other volatile flammable liquid in its tank may or may not be stored, prepared, or kept. A garage may also allow storage of other vehicles 8 Formatted: Centered (including electric vehicles), tools, gardening equipment, or other vehicle or equipment that includes gasoline or other volatile flammable liquid in its tank.” SECTION XI. Section 15.01.230 of the Code of General Ordinances of the City of Janesville is hereby repealed: Section 15.01.230 - FOOTINGS All footings shall be cast in forms upon undisturbed earth. SECTION XII. Sections 15.01.240 A., B., and C. of the Code of General Ordinances of the City of Janesville are hereby amended to read as follows: “Section 15.01.240 – FOOTINGS AND FOUNDATIONS A. One & Two family foundations and footings shall be designed and constructed to conform with the construction standards set forth in the Wisconsin Administrative Code. additions maybe trenched in eight (8") inch wide by forty-eight (48") inches deep foundation walls where self standing soil conditions prevail. The building Inspector shall determine if the soil conditions are appropriate for trenching. B. All public buildings with the exception of mini warehouses (as defined by the Wisconsin Administrative Code) shall have a continuous foundation wall forty-eight (48") inches in depth below grade. All footings and foundation walls shall be cast in forms on undisturbed earth. The following buildings are allowed to be constructed with floating slab-on-grade construction (provided no water or sewer laterals or heating devices are installed in or to such buildings): 1. Mini warehouses (as defined by the Wisconsin Administrative Code and COJ General Zoning Ordinances). 2. Detached garages for single-family and two-family residences and multi-family dwelling units. 3. Cold Storage warehouses in industrial zoned property. C. Accessory buildings (in permitted zoning districts) less than or equal to 120 square feet are exempt from footing and foundation requirements. They may be constructed on a floating slab at the discretion of the property owner.” SECTION XIII. Sections 15.01.250 A.1., A.2., and A.3. of the Code of General Ordinances of the City of Janesville are hereby amended with illustrations to read as follows: “Section 15.01.250 - GARAGES - GENERAL REQUIREMENTS A. Definitions 1. Attached private garage means a private garage which is attached directly to the principal building, attached to the principal building by means of an enclosed or open breezeway, porch, terrace, or vestibule, constructed so as to form an integral part of the principal building, constructed in the basement of the principal building, or otherwise situated that any portion of it lies in front of an imaginary line extending across the lot, said line being 5 feet back of and parallel to the rear-most portion of the principal building, whether or not such garage is physically attached to the principal building. However, on any corner lot, a garage which is more than 10 feet from the nearest portion of the principal building shall be considered a 9 Formatted: Centered detached garage. “Attached garage” shall mean a garage which meets or exceeds one or more of the following: a. attached directly to the principal building, b. attached to the principal building by means of an enclosed or open breezeway, porch, terrace, or vestibule, constructed so as to form an integral part of the principal building, c. constructed in the basement of the principal building, d. situated less than 5 feet from any point of the principal building and/or attached deck, e. situated so that any portion of any garage wall lies on or to the rear of an imaginary line extending across the lot, (said line being 5 feet in back of AND parallel to the closest rear wall of the principal building or attached deck) and at least one garage wall is closer than 10 feet from any other wall of the principal building. fe. situated so that any portion of any garage wall lies on or in front of an imaginary line extending across the lot, (said line being 5 feet in back of and parallel to the closest rear wall of the principal building or attached deck), AND at least one garage wall is less than 10 feet from any other wall of the principal structure. 10 Formatted: Centered Formatted: Centered 11 Formatted: Centered 2. Detached private garage shall mean a private garage more than 120 square feet entirely separated from the principal building and not defined as an attached garage under (1) above. “Detached garage” shall mean a garage entirely separated from the principal building and which meets or exceeds one or more of the following: a. situated so that any portion of any garage wall lies on or to the rear of an imaginary line extending across the lot, (said line being 5 feet in back of and parallel to the closest rear wall of the principal building or attached deck) AND all other garage walls are 10 feet (or five feet if a firewall is provided in accordance with the Wisconsin Uniform Dwelling Code) or more from any other wall of the principal building. b. situated so that any portion of any garage wall lies on or in front of an imaginary line extending across the lot (said line being 5 feet in back of and parallel to the closest rear wall of the principal building or attached deck) AND all other garage walls are 10 feet (or five feet if a firewall is provided in accordance with the Wisconsin Uniform Dwelling Code) or more from any other wall of the principal building. 12 Formatted: Centered 13 Formatted: Centered 3. “Living area” means the gross floor area of living space within the principal building, excluding porches, decks, breezeways, garages, and basements, regardless of whether or not these areas are finished. One-hour fire-resistive construction shall include the following assemblies and materials:” a. Two (2") inch brick or stone veneer. b. Metal lath or perforated rock lath and three-fourths (3/4") inch of plaster. c. Five-eighths (5/8") inch fire code gypsum plaster board. 14 Formatted: Centered SECTION XIV. Sections 15.01.250 B., C., D., E., and F. of the Code of General Ordinances of the City of Janesville are hereby amended to read as follows: “B. Size 1. Detached private garages shall not be constructed larger than 750 square feet in area. 2. Attached garages shall not be constructed larger than the gross “living area” of the principal building, excluding porches, decks, breezeways, and basements, regardless of whether or not these areas are finished. C. Foundations and footings 1. Attached private garages shall be provided with the same type footings and foundations as required herein for the principal building. 2. Detached private garages may be built with a continuous floating slab of reinforced concrete not less than four (4") inches in thickness. In place of footings, the perimeter edges of the slab shall be thickened to a minimum of 8” x 12”. Reinforcement shall be a minimum of 6" x 6" No. 10 x 10 wire mesh. Bolts 3/8 ½ inch in diameter with nuts and washers attached, 6 inches long, shall be embedded 3 5 inches in the concrete curb of detached garages 8 feet on centers at a maximum spacing of 72 inches apart or other methods approved by the Building Department. D. Floor Surface - The floor in all private garages shall be of concrete construction. No openings or pits in the floor shall be permitted, except for drainage to the sanitary sewer system. E. Construction - Private gGarages, whether attached or detached, shall be constructed in compliance with the Wisconsin Uniform Dwelling Code, Comm 20-25, Wisconsin Administrative Code. Residential detached garages and accessory buildings are included in the scope of this code. Commercial detached garages are required to meet the standards of the Wisconsin Commercial Building Code. as follows: (See detail (B) for detached garages). 1. Load bearing foundation walls and piers, masonry walls, and partitions shall be constructed as regulated herein except as stated above. 2. Detached private garages of wood frame construction shall be constructed with the following minimum requirements: a. Studs may have a maximum spacing of twenty-four (24") inches on centers. b. Diagonal corner bracing may be applied on the inside surface of studs. c. Corner posts may consist of two (2) two by four (2" x 4") inch studs or an single four by four (4" x 4") inch stud. d. Horizontal bracing and collar beams may be two by six (2" x 6") inch with a maximum spacing of four (4') foot on centers. 3. Framing and construction of an attached garage shall be of the same type as that of the principal building and as further regulated in this code. Such requirements shall include carports. F. Heating equipment in attached and detached garages or accessory buildings shall comply with the standards as set forth in the Wisconsin Administrative Code, Comm 23.” Additional regulations for attached Private Garages - Attached private garages shall comply with the following regulations: 15 Formatted: Centered 1. All walls in common with a principal building and attached private garage shall be of not less than one hour fire-resistant construction on garage interior. 2. Where an attached private garage is part of a building having habitable rooms over such garage, there shall be provided a horizontal and vertical separation between the two occupancies of not less than one-hour fire-resistant construction on garage interior. 3. An attached private garage may have a door connecting directly into the principal building provided that floor of such garage is at least eight (8") inches below the floor of such principal building. Such door shall be a self- closing metal clad door or solid wood door not less than one and three-quarter (1 3/4") inches in thickness. A maximum one hundred (100) square inches of one-quarter (1/4") inch stationary wire glass window may be permitted in such door. 4. Boilers, furnaces or other heating equipment used in connection with the principal building shall not be installed in private garages. There shall be no openings from a private garage which shall lead directly to a boiler or furnace room unless they conform to the requirements for openings directly to the house. Heating equipment in private garages shall be limited to steam or hot water piping. Unit heaters approved for installation in public garages may be used.” SECTION XIII. 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 Absent Pass Brunner McDonald Eric J. Levitt, City Manager Perrotto Rashkin ATTEST: Steeber Truman Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Wald Klimczyk, City Attorney Proposed by: Community Development Department Prepared by: Community Development Department 16 Formatted: Centered ENGINEERING DIVISION MEMORANDUM 17 September 2010 TO: City Council FROM: Mike Payne, Engineering Manager RECOMMENDATIONS OF THE TRANSPORTATION COMMITTEE SUBJECT: SECOND READING, PUBLIC HEARING AND ACTION ON A PROPOSED ORDINANCE REQUIRING: ? NORTH OSBORNE AVENUE TO YIELD TO BOND PLACE ? NORTH MARION AVENUE TO YIELD TO BOND PLACE ? NORTH WILLARD AVENUE TO YIELD TO BOND PLACE ? DIVISION STREET TO YIELD TO EAST VAN BUREN STREET (FILE ORDINANCE NO. 2010-724) At its regular meeting of August 10, 2010, the Transportation Committee recommended yield signs at the following four locations: 1.) North Osborne Avenue traffic to yield to Bond Place (4-1 vote). 2.) North Marion Avenue traffic to yield to Bond Place (4-1 vote). 3.) North Willard Avenue traffic to yield to Bond Place (4-1 vote). 4.) Division Street traffic to yield to East Van Buren Street (5-0 vote). The staff reports and draft meeting minutes related to these issues are attached. Signing changes for these four items are estimated to cost approximately $625. Funding is included in the 2010 Traffic Signing budget. Recommendation These changes require the adoption of attached Ordinance No. 2010-724, which was introduced at the September 13, 2010 Council Meeting. The Public Hearing and Council action on the Ordinance is scheduled for the September 27, 2010 Council Meeting. City Manager Recommendation The City Manager concurs with the Transportation Committee recommendation. Suggested Motion I move to adopt File Ordinance No. 2010-724. KAC Attachments cc: Eric Levitt, City Manager Jay Winzenz, Director of Administrative Services/Assistant City Manager Carl Weber, Director of Public Works/City Engineer \\petey\COJHome\Agenda Review\Approved Agenda Items\2010\9-27-2010\Transportation Committee - Memo.doc CITY OF JANESVILLE ORDINANCE NO. 2010-724 An Ordinance amending the list of streets required to Yield to other designated streets with a penalty for violations thereof as provided in JGO Section 10.04.020. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION 1. Section 10.18.030 of the Code of General Ordinances of the City of Janesville is hereby amended by adding the following: SSS. North Osborne Avenue Yields to Bond Place TTT. North Marion Avenue Yields to Bond Place UUU. North Willard Avenue Yields to Bond Place VVV. Division Street Yields to East Van Buren Street ADOPTED: MOTION BY: APPROVED: SECOND BY: COUNCILMEMBER AYE NAY PASS ABSENT Eric J. Levitt, City Manager BRUNNER ATTEST: McDONALD Jean Ann Wulf, City Clerk-Treasurer PERROTTO APPROVED AS TO FORM: RASHKIN STEEBER City Attorney Wald Klimczyk TRUMAN Proposed by: Engineering Division VOSKUIL Prepared by: Engineering Division \\petey\COJHome\Agenda Review\Approved Agenda Items\2010\9-27-2010\Transportation Committee - Ord 2010-724.doc FINANCE ADMINISTRATION MEMORANDUM September 21, 2009 TO: City Council FROM: Jacob J. Winzenz, Dir. of Admin. Services/Assistant City Manager SUBJECT: Action on a Proposed Resolution Authorizing the Issuance of $7,620,000 in Promissory Notes for Financing Various Public Purposes (File Res. #2010- 727) Summary Attached is proposed Resolution #2010-727which authorizes the Administration to issue promissory notes in the amount of $7,620,000. Of this amount, $3,335,000 is General Fund debt and corresponds to the funding included in the 2010 Debt Fund – Major Capital Projects budget. Wisconsin State Statutes govern the issuance of general obligation debt and specifically identify those items for which debt may be incurred. We have structured the resolution so that the individual projects would be grouped into those categories specifically referenced by State Statutes. Please reference the attached Summary Schedule (Exhibit I), which indicates in greater detail the individual projects referenced by the resolution and compares the funding requested with the amount identified in the 2010 Capital Projects Budget. Also attached is a summary schedule of projects submitted for inclusion in the proposed note issue but which are not recommended for funding at this time (Exhibit II). Finally, a report is included which describes the scope of the individual projects (Exhibit III). City Manager’s Recommendation The City Manager Recommends approval. Background The base for the 2010 Note Issue was the Major Capital Projects budget included as part of the City’s 2010 Annual Budget. The 2010 Major Capital Projects budget anticipated total capital needs of $16,536,840. Of this amount, it was anticipated that General Fund portion would be $7,576,840, or 45%. Earlier this year division and department heads reviewed the proposed 2010 Major Capital Projects budget and were asked to revise projects as appropriate. These revisions were then incorporated and presented to the City Council in August. At that time the General Fund portion of the borrowing was estimated to be $3.4 million. The 2010 Capital Projects Budget contained seventeen (17) projects for the 2010 note issue that have not been included in the proposed note authorization resolution: DESCRIPTION AMOUNT Street Extensions $ 510,000 Skate Board Park 50,000 Property Acquisitions 500,000 Parking Lot Construction (Parker Dr. & Court Streets) 75,000 Fire Station #1 2,000,000 Children’s Museum 950,000 Public Safety Equipment 100,000 Water Mains – Lead Service Replacement 400,000 Water Mains – Manhole and Valve Replacement 165,000 Water Mains – Transmission Mains 300,000 Water Mains – Subdivision Main Extensions 400,000 Water Mains – Laterals 100,000 Sewer Mains – Sewer Main Repair/Replacement 750,000 Sewer Mains – Collection System Reinforcements 300,000 Sewer Mains – Inflow/Infiltration Reduction 125,000 Sewer Mains – Sewer Extensions 310,000 Sewer Mains – Laterals 100,000 TOTAL $7,135,000 ? Street Extensions has been delayed due to the downturn in development ? Funding for the Skate Board Park is deferred until 2011. ? Property Acquisitions – Additional funding deferred until 2011 since significant ARRA funding available in 2010. ? Parking Lot Construction (Parker Dr. & Court Streets) – deferred until 2011. ? Fire Station #1 – additional funding deferred until 2011. Available funding sufficient for design and land acquisition or start of construction depending upon decision on Ice Arena. ? Children’s Museum – deferred indefinitely pending private fundraising. \\petey\COJHome\Agenda Review\Approved Agenda Items\2010\9-27-2010\2010 Note Issue - Memo.doc ? Public Safety Equipment – deferred until 2011 ? Water Mains – Lead Service Replacement. Additional funding not necessary at this time as sufficient funds were available from prior years note issues. ? Water Mains – Manhole and Valve Replacement. Additional funding not necessary at this time as sufficient funds were available from prior years note issues. ? Water Mains – Transmission Mains has been delayed due to the downturn in development has been delayed due to the downturn in development. ? Water Mains – Subdivision Main Extensions has been delayed due to the downturn in development has been delayed due to the downturn in development. ? Water Mains – Laterals has been delayed due to the downturn in development has been delayed due to the downturn in development. ? Sewer Mains – Sewer Main Repair/Replacement. Funding obtained through the Clean Water Fund loan program at more attractive terms. ? Sewer Mains – Collection System Reinforcements. Deferred until Rock County is ready to proceed with expansion of the Jail. ? Sewer Mains – Inflow/Infiltration Reduction. Funding obtained through the Clean Water Fund loan program at more attractive terms. ? Sewer Mains – Sewer Extensions has been delayed due to the downturn in development. ? Sewer Mains – Laterals has been delayed due to the downturn in development. Conversely, the 2010 Capital Projects Budget did not contain the following projects, which have been included in the proposed note authorization resolution: DESCRIPTION AMOUNT Consultant Review of Oakhill Cemetery Structures $ 15,000 Riverside park Storage Building 100,000 Oakhill Cemetery Chapel/Carport Repairs 55,000 Golf Course Capital 100,000 Landfill – Odor Remediation 240,000 TIF – Development Incentive (TIF #23) 860,000 TOTAL $1,370,000 Attached to this memorandum are three (3) exhibits. Exhibit I is a listing of all capital projects in this proposed Note Issue. The projects highlighted in yellow are those projects which the City Council previously committed to fund. Exhibit II is a listing of projects not recommended for funding at this time. Exhibit III is a narrative description of all projects – both those recommended for funding and those not recommended. \\petey\COJHome\Agenda Review\Approved Agenda Items\2010\9-27-2010\2010 Note Issue - Memo.doc State Statutes specifically identify the procedural process involved in issuing both general obligation bonds and notes. Unlike the process required for issuing bonds, which requires separate actions to authorize and establish the bond details, promissory notes can be approved in one comprehensive resolution. However, we recommend that the Council follow the two-step process in authorizing and issuing the debt. Therefore, on Monday, October 11, 2010, the Council will be requested to adopt the companion details resolution, which will finalize the projects and their corresponding funding levels. The attached initial resolution sets forth the maximum amount of notes that can be issued; whereas, the details resolution will set the final amount of the notes authorized. Prior to the adoption of the initial resolution projects and funding may be added or deleted. However, in the final resolution they may only be deleted. The Administration will distribute detailed information and graphics showing the fiscal impact of this note sale with the details resolution. We have scheduled the note sale to take place on Monday, October 25, 2010. The bid opening will be held in the morning, and the Council will be requested to award the sale by adopting the award resolution that evening, which will indicate the “best bidder.” We anticipate receiving the note proceeds on November 4, 2010. Analysis The proposed 2010 Note Issue is much smaller than those of the last several years. The General Fund portion of the proposed Note Issue is $3,335,000. Of this amount $1,720,000, or 52%, are for projects which the City Council has already authorized and committed to fund. A General Fund borrowing of $3,335,000 will have average annual debt service of $378,000 and will cost the owner of the average home assessed at $113,800 approximately $12.90 per year for ten (10) years. However, the impact on the 2010 tax levy is less than that because some existing debt is being retired in 2010. Based upon the proposed borrowing, debt service is estimated to increase $139,767, or 2.61%, in 2011 which will increase the property tax levy by .55%. In 2011 the owner of the average home assessed at $113,800 will pay an additional $4.54 in property taxes for debt service. Attachments \\petey\COJHome\Agenda Review\Approved Agenda Items\2010\9-27-2010\2010 Note Issue - Memo.doc RESOLUTION NUMBER 2010-727 RESOLUTION AUTHORIZING THE ISSUANCE OF $7,620,000 IN PROMISSORY NOTES FOR FINANCING VARIOUS PUBLIC PURPOSES WHEREAS, Section 67.12(12) Wis. Stats., authorizing any Wisconsin municipality to issue promissory notes as evidence of indebtedness for any public purpose as defined in Section 67.04(1)(b), Wis. Stats., and for general and current municipal expenses, including interest thereon; and WHEREAS, pursuant to Section 67.04(4), Wis. Stats., the legislature finds that contracting of debt under Chapter 67, Wis. Stats., for any project constitutes a public purpose; and WHEREAS, the following public projects and purposes fall under the scope of Section 67.04(1)(b) AND 67.12(12), Wis. Stats.: $1,740,000 to construct and improve streets; $1,220,000 to construct and improve storm sewers; $110,000 to acquire, improve and maintain parks and public grounds; $1,305,000 to acquire, improve and maintain public buildings and grounds; $805,000 to acquire capital equipment; $240,000 to construct and close landfills; $795,000 to extend and improve the waterworks system; $350,000 to extend and improve the sanitary sewer system; and $1,055,000 to provide financial assistance for community development; and WHEREAS, such above proposed public projects and purposes and the issuance of such promissory notes will be beneficial to the City and in the best interest of the community; NOW, THEREFORE, Be It Resolved by the City Council for the City of Janesville that: 1. The City of Janesville may, pursuant to Section 67.12(12) Wis. Stats., have up to seven million, seven hundred five thousand dollars ($7,705,000) in municipal promissory notes to finance various public projects and purposes as follows: $1,740,000 to construct and improve streets; $1,220,000 to construct and improve storm sewers; $110,000 to acquire, improve and maintain parks and public grounds; $1,305,000 to acquire, improve and maintain public buildings and grounds; 4830-8508-9287.1 $790,000 to acquire capital equipment; $240,000 to construct and close landfills; $805,000 to extend and improve the waterworks system; $350,000 to extend and improve the sanitary sewer system; and $1,055,000 to provide financial assistance for community development. 2. Each promissory note so issued, plus interest, shall be repaid within ten (10) years after the original date of the note pursuant to Section 67.12(12), Wis. Stats. 3. Each such promissory note issued shall constitute an indebtedness of the City of Janesville. 4. The following transfers of purposes for unexpended proceeds of prior note issue of the City are hereby authorized: (a) From the Series 2008 notes, $180,000 to be moved from the category “to acquire, improve, and maintain public buildings and grounds” to the category “to extend and improve the sanitary sewer system.” (b) From the Series 2005 notes, $30,000 to be moved from the category “to acquire, improve, and maintain public buildings and grounds” to the category “to extend and improve the waterworks system.” (c) From the Series 2007 notes, $50,000 to be moved from the category “to acquire capital equipment” to the category “to extend and improve the waterworks system.” 2 4830-8508-9287.1 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 Proposed by: Administrative Services Prepared by: Administrative Services 3 4830-8508-9287.1 Attachment III 2010 Note Issue Project Descriptions Construct and Improve Streets - $1,740,000 (a) New and Replacement Sidewalks - $240,000 This program totals $240,000 (General Fund - $175,000; Assessable - $65,000) to construct new sidewalks and to replace deteriorated sidewalk and/or sidewalk with other safety deficiencies. General Fund costs for new and replacement sidewalk include curb ramps, sidewalk crossing city owned property (greenbelts, parks, etc.) and other miscellaneous costs typically paid by the city at large. (b) Curb and Gutter Replacement and Reconstruction - $600,000 This program totals $600,000 to replace damaged curb and gutter as well as eliminate areas of water ponding in conjunction with the street reconstructions and resurfacing programs. In the past half of this program has been funded through Special Assessments against the abutting property owners. As proposed for 2010 costs for curb replacement and reconstruction will be paid by the city at-large and will no longer be assessed against abutting property owners. Curb & Gutter functions as part of the street and having the City at-large pay for these costs is consistent with the street rehabilitation program approach. (c) Street Maintenance and Improvements - $550,000 This program includes funds to maintain City streets and make various other improvements to the street network such as intersection and railroad crossing improvements. In 2010 $550,000 is proposed for this program. (d) Major Arterials and Connecting Highways - $350,000 This category proposes a total of $350,000 in funding for 2010. There are several projects that provide for preliminary engineering on projects. This funding provides the local match to federal funding in most cases. ? The Ruger Avenue Bridge sufficiency rating is at a level that requires improvement. Funding in the amount of $220,000 provides for the local match to a federal grant for the project. Construction is currently underway with completion anticipated later this fall. ? The Jackson Street Bridge sufficiency rating is at a level that requires improvement. The total cost for this project is estimated to be $6,986,000 with 80% ($5,573,000) provided in federal funding and 20% ($1,413,000) from local funding. This 2010 budget proposes that design and engineering be commenced in 2010. The first installment of $130,000 for the local match to federal funding for preliminary engineering is also included. Attachment III Construct and Improve Storm Sewers - $1,220,000 (a) System Improvements - $1,000,000 System Improvements total $1,000,000 for enhancements to the existing storm drainage system. Proposed projects include: ? Drainage Channel/Pond Enhancements are necessary to address capacity deficiencies or other problems which require enhancements to properly manage current and projected stormwater flow. Enhancement projects in 2010 are expected to cost $200,000. This will include the third year of a 10-year program to enhance the drainage channel within the greenbelt system and surface drainage improvements near the City Services Center ($20,000). ? In addition to routine maintenance of storm sewer infrastructure, areas within the system can develop capacity deficiencies or other problems which require enhancements to properly manage current and projected stormwater flow. Storm Sewer enhancement projects in 2010 are expected to cost $360,000. Planned projects include: Palmer Drive ($80,000), City Services Center Surface Drainage ($20,000), Kiwanis Pond ($60,000) and Fremont Street ($200,000). Planned projects may change based upon need. ? Storm sewer repair projects totaling $190,000 have been identified for 2010. Planned projects include: Laramie Lane ($115,000), Richardson Street ($35,000), Franklin Street Concrete Channel ($20,000), Palmer Drive ($10,000) and Memorial Bike Trail ($10,000). Projects can change if other repairs are identified and are considered higher priority. ? Rehabilitating or replacing manholes in conjunction with street resurfacing and reconstruction projects prevents future failures of the structures after a new street surface has been placed. In 2010 funding in the amount of $250,000 is proposed. Some manholes only need repairs to the upper portion and other manholes that need total replacement. (b) Storm Drainage Channels/Ponds – storm drainage channels and ponds to serve new developments. Cost - $120,000; Assessable Portion - $120,000. (c) Storm Sewer Extensions – storm sewer mains extended to serve new developments. Cost - $100,000; Assessable Portion - $100,000. Acquire, Improve & Maintain Parks and Public Grounds - $110,000 (a) Replace Playground Equipment - $35,000 In 1996, the City began a program to renovate/replace playground equipment in neighborhood parks. To date, renovations have been completed at 30 neighborhood parks at a cost of approximately $35,000 for each neighborhood park. Attachment III The renovation/replacement of playground equipment will continue in 2010, with improvements proposed for Pershing Park ($35,000). (b) Bike Trail (Tripp Road to Eau Claire Road) - $60,000 A multi-governmental effort is underway to extend the bike trail from Janesville to Beloit. This $60,000 in funding will allow for the installation of a gravel trail surface on land currently owned by the City. This will effectively extend the Peace Trail from Tripp Road to Eau Claire Road. (c) Consultant Review of Oakhill Cemetery Structures - $15,000 $15,000 is requested to hire a consultant to review the four Oakhill Cemetery structures to develop an itemized list of projects necessary to ensure the continuation of the structures. This review will examine the facilities using a historical point of view. These buildings are in very poor condition and staff wants to be pro- active in developing a maintenance program. Acquire, Improve & Maintain Public Buildings and Grounds - $1,305,000 (a) Transit Services Center - $300,000 A new Transit Administration and Maintenance Building is proposed to replace the existing facility located on North Parker Drive. The existing facility was constructed in 1961 as a public works garage and became the Transit Maintenance Facility in the mid-1960s. An addition was constructed in 1979 to provide a dedicated area for vehicle maintenance. A new facility is estimated to cost $6,275,000, with $1,400,000 provided by 2009 ARRA funds requiring no local match, 80% ($3,900,000) funded by the Federal Transit Act and the remainder ($975,000) provided by the City of Janesville. In 2006 and 2007, $100,000 and $475,000 respectively were provided as the 20% local match for land acquisition and a portion of the construction costs. In 2010 $300,000 is proposed. The final share of the local match will be included in the 2011 Note Issue. (b) Building Maintenance - $350,000 Each year, funds are required for minor building maintenance projects at City facilities. In 2010, improvements totaling $350,000 are proposed for several public buildings. The locations may include the Municipal Building, various park and recreational facilities, and Senior Center. (c) Oakhill Cemetery Maintenance Building - $100,000 $100,000 is requested to construct a maintenance and operations building for Oakhill Cemetery. The current seasonal building is undersized, does not have room for all of the existing equipment, and has no heat/water. A new building would accommodate equipment and provide for better year-round usage, as cemetery operations dictate. Attachment III (d) Riverside Park Storage Building - $100,000 $100,000 is requested to construct a maintenance building for Riverside Park. The current building is a former 1928 restroom building and is not large enough to accommodate service work or volunteer activities. A new structure would better accommodate equipment and maintenance operations. (e) Oakhill Cemetery Chapel/Carport Repairs - $55,000 $55,000 is necessary to complete immediate repairs to the cemetery carport and chapel. Repairs will include outside tuck pointing, caulking of windows/door frames and coping joints, roof repairs and carport foundation repairs. This work must be done if we wish to continue to have these structures present at the cemetery. (f) Tallman House - $250,000 In 2009 an architectural firm was retained to complete a property conditions report on the Tallman House. This report indicates that repairs in excess of $2,000,000 are necessary and the facility. Funding in the amount of $250,000 was provided in 2009. The 2010 budget includes $250,000 to continue funding these repairs. (g) Golf Course Capital - $100,000 The current lease for the golf course facilities expires on December 31, 2010. Due to changes in the golf industry locally and nationally we will be changing from a lease of the golf facilities to a management contract. Under the terms of the lease, the lessee must provide the equipment to maintain the courses. However, under a management contract the owner of the courses (the City) must provide such equipment. Funding in the amount of $100,000 is included to begin acquiring maintenance equipment. It is anticipated that additional funding will be necessary in 2011. (h) Building Repairs at Hedberg Public Library - $50,000 The Hedberg Public Library was constructed in 1996 so the building is now fourteen (14) years old. This project proposes funding for ongoing general building maintenance needs ($50,000). Acquire Capital Equipment - $805,000 (a) Technology Enhancements - $200,000 The City will continue implementation of the Information Technology Strategic Plan. This plan addresses improving the efficiency of City services and providing citizen satisfaction through the use of information technology. In 2010, funds are requested from the General Fund ($100,000), Water Utility ($50,000) and Wastewater Utility ($50,000) to obtain consulting services and purchase hardware and software for the implementation of specific citywide information technology priority projects, as Attachment III determined by the City Manager. (b) ERP Phase IV - $400,000 The City is in the process of implementing an Enterprise Resource Planning (ERP) project which will replace disparate computer applications and integrate them into a single solution reducing redundant data entry and facilitating the sharing and tracking of information. Phase I of this project included the replacement of our Land Management/Computer-aided Mass Appraisal Software; phase II of this project included the replacement of code enforcement, building permits and inspections, complaint tracking, and planning software; phase III of this project included the replacement of our utility billing, and miscellaneous billing. Funding in the amount of $400,000 for Phase IV is proposed for 2010 to replace our accounting, payroll, and human resources software. Funds are requested from the General Fund ($100,000), Water Utility ($100,000), Wastewater Utility ($100,000) and Stormwater Utility ($100,000). (c) Library Technology Upgrades - $35,000 Funding is proposed to upgrade the automation system to include a Fines Payment Module ($10,500), to replace outdated computers ($21,000), and to upgrade the hardware and software in the computer lab ($3,500). (d) GIS Enhancements - $100,000 Implementing the GIS is an ongoing process with the continuing goals of increasing efficiency, providing updated geographic information and creating high-quality products for city departments and the public. In 2010 funds are requested to enhance the GIS, through increased staff utilization using additional software licenses, improved quality control efforts, establishing and maintaining public GIS access through a website and other services, expanded data acquisition and access for internal use, and other GIS development activities. Funds are requested from the General Fund ($25,000), Water Utility ($25,000), Wastewater Utility ($25,000), and Stormwater Utility ($25,000). (e) Transit Capital Projects - $25,000 Funding is included for several small Transit capital projects ($25,000) including capital repair parts ($7,500), refurbish the Transfer Center ($9,000), replace supervisory van ($5,000), replace shop equipment ($2,000), replace printer/copier/fax ($500), and replace 100 bus stop signs ($1,000). Transit projects are funded 80% from the Federal Transit Act and these costs represent the projects local share (20%). (f) Parks Capital - $45,000 Parks Capital ($30,000) provides funding to purchase an impoundment system to flood the Traxler Park ice skating land rink. This will increase the timeliness of when Attachment III the land rink can open each year. Water would be pumped from the lagoon area, into a cooling pond that would send the water into the bermed skating area. This system would reduce the hours spent by staff spraying the current land rink and would allow the ice to form concurrently with staff working on snow removal. Construct and Close Landfills - $240,000 (a) Odor Remediation Project - $240,000 Current operations at the sanitary landfill have resulted in increased odors and complaints from residents. This project constructs additional gas well and places a temporary membrane cap on the landfill to allow additional gas to be drawn from the landfill. This gas, rather than escaping into the air, will be used to generate electricity. Construct and Extend Water Mains - $795,000 (a) System Improvements - $795,000 ? Undersize main replacements totaling $600,000 are proposed for 2010. Of this total, $470,000 is included in this year’s Note Issue and $130,000 will come from funds borrowed in prior years. This program is needed to replace undersized water mains (replace 1-1/2 inch and 4-inch mains with 6 inch mains) in the distribution system. There are approximately 9 miles of undersized mains in the system. Replacement is done in coordination with street restoration projects. Funds requested will replace about 6,000 feet of mains. ? In 2005, the Water Utility implemented a lead services replacement program within the City. This program is similar to the iron service replacement activities the City has historically undertaken. The actual cost of this program will vary from year to year based upon the number of lead services under streets that are being reconstructed in any given year. Currently, there are about 2,400 lead services in the City. In 2010, the Water Utility proposes to replace 150 lead services ($300,000). No funding is included is this Note Issue as funds will be reallocated from prior years projects. ? Prior to street reconstruction, the condition of the water manholes and valves in the street are evaluated. Old, deteriorated manholes are either rehabilitated or replaced prior to the street work. This helps insure the long term integrity of the street so that a newer street surface would not have to be dug up shortly after the work to replace a failing manhole. For 2010 $40,000 is proposed for this program. No funding is included is this Note Issue as funds will be reallocated from prior years projects. ? The Main Reinforcement program addresses identified weaknesses in the existing water distribution system by adding transmission mains or upgrading distribution mains to transmission mains. In 2010, Phase I of the Blackbridge Road main is scheduled. The total project estimate is $3,000,000 with Attachment III $1,500,000 proposed for 2010. Of this amount $325,000 is included in the proposed Note Issue and $1,175,000 is available from funds borrowed in prior years. Construct and Extend Sewer Mains - $350,000 (a) System Improvements - $75,000 ? Janesville has approximately 140 miles of clay pipe in the sanitary sewer collection system that ranges in age from 40 to 100 years. Most of the clay pipe is structurally sound, but suffers from root intrusion and infiltration of groundwater. Proposed for 2010 is $805,000 in funding, which will reline about 3 – 3-1/2 miles of sanitary sewer main. This is the ninth year of a multi-year program, which reduces the potential for clogged sewers resulting from root growth and also ensures the continued structural integrity of the clay sewers. No funding is included in the proposed Note Issue as money was previously borrowed through the Clean water Fund loan program. ? This is an ongoing multi-year program to prevent water inflow and infiltration into the sanitary sewer system. This program has focused primarily on sanitary sewer manholes in the past, but its focus has now shifted to sewer laterals. For 2010 funding in the amount of $265,000 is proposed. No funding is included in the proposed Note Issue as money was previously borrowed through the Clean water Fund loan program. ? Siphons are used to move sewage from one side of the Rock River to the other. The City has four (4) siphons and they were in need of repairs to increase their reliability and the ability of our crews to maintain them in the event of a blockage. Funding in the amount of $1,000,000 is proposed for this project. No funding is included in the proposed Note Issue as money was previously borrowed through the Clean water Fund loan program. (b) System Expansion - $275,000 ? Subdivision Sewer Extensions – sewer mains extended to serve new developments. Cost - $275,000; Assessable Portion - $200,000. Provide Financial Assistance for Community Redevelopment - $1,045,000 (a) Funding in the amount of $860,000 is included for development loans in TIF No. 23. Development loans were made to SARA Investments for the rehabilitation of the building located at 101 E. Milwaukee Street. (b) Funding in the amount of $185,000 is included for development loans in TIF No. 26. Development loans have been made to 3-D Targets ($125,000) for costs of building upgrades to meet code requirements for this expanding business and PPG Industries to finance manufacturing equipment and the creation of 6 new jobs in TIF #26 ($60,000). These projects will create an additional 11 full-time jobs in TIF #26. Community Development Department Memorandum Date: August 26, 2010 TO: Janesville City Council FROM: Duane Cherek, Manager of Planning Services SUBJECT: Action on a proposed resolution authorizing of the conveyance of an easement across a portion of greenbelt west of Castlemoor Drive (File Resolution No. 2010- 726). ____________________________________________________________________ SUMMARY Rock Energy Cooperative, on behalf of Willow Glade LLC, has requested that the City grant them a 10-foot wide utility easement to allow the extension of an underground electric line across a portion of a public greenbelt to provide service to residential lots located in the Willow Glade subdivision. The new easement will allow Rock Energy to extend electric transmission lines from services currently located south of the Willow Glade subdivision adjoining the greenbelt (see attached map). DEPARTMENT RECOMMENDATION The Plan Commission and Community Development Department recommend that the City Council support a motion to approve Resolution No. 2010-726 granting a utility easement across a portion of public greenbelt west of Castlemoor Drive. CITY MANAGER RECOMMENDATION The City Manager recommends approval. ANALYSIS A. The proposed easement will be 10 feet wide and approximately 160 feet in length along the east perimeter of the greenbelt. The requested easement will only allow Rock Energy to maintain and operate underground utilities within the easement; it does not grant them rights to install any other above-ground transmission facilities such as cabinets, poles or equipment buildings. B. Planning, Engineering and Parks Department staff have reviewed the proposed easement location for appropriateness and find that the installation of utilities will not negatively impact the current or future use of the greenbelt in this area. No other existing or planned public utility installations are currently located within this area. In exchange for the granting of this greenbelt across public lands to serve the recently platted residential lots, the developer, Willow Glade, will convey a portion of land to the City for public greenbelt purposes by quit claim deed. The approximate size of this parcel is 16,200 s.f. in area and will be utilized for storm water management facilities to be constructed by the city in the greenbelt. C. It is common practice for the City to grant utility easements across public lands. Most frequently that occurs in public street right-of-way but occasionally utility companies must traverse other public lands including parks and greenbelts. Since most utility extensions are necessary to serve City growth, such installations are generally consistent with City plans provided there are no negative impacts on the area they cross. In this case, the facilities will be installed underground so there will be no negative impacts to the affected greenbelt. PLAN COMMISSION ACTION – 16 AUGUST 2010 Duane Cherek, Planning Services Manager, presented the written staff report. There was no discussion. There was a motion by Commissioner Adams with a second by Commissioner Helgerson to approve an underground utility easement in the public greenbelt west of Castlemoor Drive. The motion carried on a 6-0-0 vote. RESOLUTION NO. 2010-726 A resolution granting a 10-foot wide utility easement across a portion of greenbelt west of Castlemoor Drive. WHEREAS , the City of Janesville, Rock County, Wisconsin, is the owner of a public greenbelt west of Castlemoor Drive located in the Southeast Quarter (SE 1/4 ) of Section 8, Town 3 North, Range 13 East in the 4th P.M., City of Janesville, Rock County, Wisconsin; WHEREAS , Rock Energy Cooperative must extend an underground electric line across a portion of a public greenbelt in order to provide service to residential lots located in the Willow Glade subdivision; and WHEREAS , Rock Energy Cooperative has requested that the City grant them an easement, 10 feet in width, extending across a portion of the public greenbelt west of Castlemoor Drive to facilitate the installation of necessary electric transmission lines; and WHEREAS , the City Planning, Engineering, Leisure Services and Public Works staff have determined that the location of the proposed easement does not conflict with the current or planned future use of the affected portion of the greenbelt; and WHEREAS , on August 16, 2010, the Janesville Plan Commission reviewed the granting of this easement to Rock Energy Cooperative and found it to be consistent with City plans and practices; and NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF JANESVILLE that the City of Janesville hereby grants the following described easement: LOCATED ON PART OF THE PUBLIC GREENBELT AS DEDICATED ON “HEIDER ESTATES” AND “CASTLEMOORE ESTATES FIRST ADDITION”, LOCATED IN THE SE ¼ OF SECTION 8, T.3N., TH R.13E. OF THE 4 P.M., CITY OF JANESVILLE, ROCK COUNTY, WISCONSIN. DESCRIBED AS FOLLOWS: Beginning at the most Westerly Corner of Lot 1, Willow Glade; thence o S.4746’35”W. 149.52 feet to a point on the Northwest Line of Lot 77, Castlemoor Estates First Addition; ooo thence N.4213’25”W. 10.00 feet; thence N.4746’35”E. 159.52 feet; thence S.4213’25”E. 10.00 feet to o the Northwest Line of said Lot 1; thence S.4746’35”W. along said Northwest Line 10.00 feet to the place of beginning. ADOPTED: Motion by: Second by: APPROVED: Councilmember 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 Proposed by: Applicant Prepared by: Community Development Department ðîðèíððìëî ðîðèíððìêí ðîðèíððíéð ðîðèíððìëï ðîðèíððìêî ðîðèíððìíë ðîðèíððìëë ðîðèíððìêï ðîðèíððíéï ðîðèíðððêê ðîðèíððìëê ðîðèíððìêð ðîðèíððìíì ðîðèíððíéî ðîðèíððìëé ðîðèíððíêç ðîðèíððíëé ðîðèíððìíí ðîðèíððíéí ðîðèíððìëè ðîðèíððíëê ðîðèíððíêè ðîðèíððìíî ðîðèíððíéì ðîðèíððìëç ðîðèíððíèð ðîðèíððìíï ðîðèíððíëè Ð®±°±»¼ ðîðèíððíéë Ù®»»²¾»´¬ ðîðèíððíëç ß¼¼·¬·±² ðîðèíððíéç ðîðèíððíêð ðîðèíððìíð ðîðèíððíéê ðîðèíððíêï ðîðèíððìîç ðîðèíððíêî ðîðèíððíéé ðîðèíððíëë ðîðèíððìîè ðîðèíððíëì ðîðèíððíêí ðîðèíððìîé ðîðèíððíéè ðîðèíððíëí ðîðèíððíêì ðîðèíððíêé ðîðèíððíëî ðîðèíððíêë ðîðèíðððëé ðîðèíððíëï ðîðèíððíêê ðîðèíððíëð ðîðèíððëðî ðîðèíðððëì ðîðèíððíìç ðîðèíðððëí ðîðèíððíìè ðîðèíðððëî ðîðèíððíìé ðîðèíðððëï ðîðèíððíìì ðîðèíððíìë ðîðèíðððëë ðîðèíðððëê Û¨·¬·²¹ ðîðèíððîéè Ì®¿º±®³»® ðîðèíððíìêðîðèíðððëè ðîðèíððîéê ðîðèíððîéí ðîðèíððîéì ðîðèíððîéç ðîðèíððîéë ðîðèíððîêè ðîðèíððîèð ðîðèíððîèï ðîðèíððîêç ðîðèíððîïî ðîðèíððîéð ðîðèíððîéï ðîðèíððîéî ðîðèíððîêé ðîðèíððîêê ðîðèíððîïï ðîðèíððîêì ðîðèíððîêî ðîðèíððîêí ðîðèíððîêï ðîðèíððîêð ðîðèíððîêë ðîðèíððîïð q Ô»¹»²¼ ÍËÞÖÛÝÌ Í×ÌÛ Ü¿¬»æ çñëñðè Í½¿´»æ ïþã ìððù Ó¿° Ý±±®¼·²¿¬»æ Ñóïè ÔÑÝßÌ×ÑÒ ÓßÐ Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ ÓßÐ ï Ù®¿²¬·²¹ Û¿»³»²¬ ·² Ù®»»²¾»´¬ É»¬ ±º Ý¿¬´»³±±® Ü®ò ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ ÍæÐ®±¶»½¬ÄÐ´¿²²·²¹ÄÓ·½ÄÝ¿¬´»³±±®Û¿³»²¬ò³¨¼ NEIGHBORHOOD SERVICES MEMORANDUM September 20, 2010 TO: City Council FROM: Kelly Lee, Neighborhood Development Specialist SUBJECT: Action on a Proposed Resolution Authorizing the Acquisition and Demolition of Property at 176 Lincoln Street (File Resolution 2010-733) Summary Five hundred Thousand ($500,000) dollars were included within the 2009 Note Issue for neighborhood and downtown property acquisitions. Funding for neighborhoods was included to acquire vacant and/or blighted properties in the central city residential neighborhoods and the downtown area. The property located at 176 Lincoln Street is a vacant 2 unit rental property located at the corner of Lincoln and West Van Buren. This property is located within Census Tract 3, the Historic Fourth Ward. The property was foreclosed on in February of 2010 and is currently owned by Federal National Mortgage Association in Plano, Texas. The interior of the structure is in very poor condition and staff recommends demolition of the property after acquisition. An offer to purchase the property has been negotiated in the amount of $24,000, subject to City Council approval. The property would then be demolished at an estimated cost of $18,000. The site would be restored as green space for the time being and offered to a not for profit for construction of a new single family home or offered for sale to adjoining property owners. Any new construction would be reviewed by staff for compatible neighborhood design and all future sales transactions would return to council for approval. Department Recommendation Neighborhood Services Staff is recommending that the City acquire the residential property located at 176 Lincoln Street under the Neighborhood and Downtown Blight Elimination Program for the purpose of blight elimination and neighborhood stabilization. City Manager Recommendation The City Manager recommends approval. Suggested Motion I move to approve File Resolution #2010-733 authorizing the purchase and demolition of real property located at 176 Lincoln Street for the purpose of blight 1 elimination and neighborhood stabilization as consistent with the City of Janesville Comprehensive Plan and Look West and Old Fourth Ward Neighborhood Revitalization Plan. Background The property located at 176 Lincoln Street is a vacant 2 unit rental property located at the corner of Lincoln Street and West Van Buren Street. This property is located within Census Tract 3, Historic Fourth Ward. The property was foreclosed on in February of 2010 and is currently owned by Federal National Mortgage Association. The interior of the property is in poor condition and staff recommends that the residence be demolished. The property is zoned R3, General Residence District. The property is listed in th fair condition on the 4 Ward and Look West Housing Condition Report based on a exterior inspection of the property from the street. Upon an interior inspection with a real estate agent, a significant roof leak was noted that has contributed to mold and fungus growth throughout the structure. The property is currently in a blighted condition. The subject property includes a 2 unit home was built in approximately 1900. The lot is 66 feet wide by 125 feet deep, totaling .189 acres. There is a 2,191 square foot, 2 story, 2 unit home located on a visible corner lot and a 252 square foot detached garage in poor condition. Staff is recommending that the structure be demolished upon acquisition due to the poor interior and exterior condition of the building. The estimated cost for demolition is $18,000. Any salvageable materials will be offered to Habitat for Humanity. The City has negotiated a purchase price of $24,000, subject to approval of the Plan Commission and City Council. The property has an assessed value of $75,200. The site would be restored as green space for the time being and offered to a not for profit for construction of a new single family home or offered for sale to adjoining property owners. Any new construction would be reviewed by staff for compatible neighborhood design and all future sales transactions would return to council for approval Funding for the acquisition and demolition of this property is proposed to be funded through the 2009 note issue funding. The 2009 note issue included $500,000 in funding for vacant and/or blighted projects. Funding is proposed in recognition of the major neighborhood planning effort underway and the insufficient funds that are available under the Community Development Block Grant (CDBG) Program. This would be the fifth property funded under the 2009 note issue funding. (Other properties funded include: 404-406 Johnson St., 907 McKinley, and 1110 Hamilton St and 321 E Court Street.) 2 Analysis The proposed property acquisition is consistent with established City plans as described below: The project is consistent with the City of Janesville Comprehensive Plan, which calls for the revitalization of neighborhoods that have experienced decline. The structure is not historically or architecturally significant and based on its poor physical condition does not represent a critical use in the Fourth Ward Neighborhood. Removal of this structure would provide an opportunity to enhance the appearance of this block and offer potential redevelopment opportunities consistent with the character of traditional downtown neighborhood development. The project is consistent with The Look West and Old Fourth Ward Neighborhood Revitalization Plan, which has been guiding redevelopment efforts in the central city neighborhoods. Our recent experience indicates that many residential properties are being bought throughout Janesville and are being used as rental properties with no improvements or minimal improvement being made to the properties. Janesville does not currently have a shortage of affordable housing (we are hearing of a 15% vacancy rate); although it is arguable that we are experiencing a shortage of quality affordable housing. Plan Commission Action There was a motion by Zolidis with a second by Perrotto to forward the proposed acquisition to the City Council with a favorable recommendation noting that the Plan Commission has not reviewed the financial aspects of this transaction. The motion carried on a 5-0 vote. Attachments: Property Data Information Site Map Property Photos cc: Eric Levitt, City Manager Jay Winzenz, Assistant City Manager and Director of Administration 3 RESOLUTION NO. 2010-733 RESOLUTION AUTHORIZING THE ACQUISITION AND DEMOLITION OF REAL PROPERTY LOCATED AT 176 LINCOLN STREET WHEREAS , Wis. Stats. §§ 62.22 (1), 62.23 (17)(a), 62.23 (17)(b), 66.0101, 62.11(5), Chapter 32, and other pertinent Wisconsin Statutes permit the City’s acquisition, development, ownership, protection, improvement, conservation, public use, demolition, disposition, and other disposal of parkland, open space, riverfront properties, blighted properties, redevelopment, and development properties; and WHEREAS, the City Council authorized $500,000 to be used for blight elimination in the central city in a 2009 General Fund Note Issue ; and WHEREAS , the Community Development Authority (CDA) and the Neighborhood Action Team assisted in formulating criteria for potential Neighborhood Services Department Property Acquisition 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 December th 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 th condition 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 176 Lincoln Street in the amount of Twenty Four Thousand dollars ($24,000.00); and WHEREAS , the Janesville Plan Commission has reviewed this proposed acquisition on September 20, 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 Council find this acquisition and proposed public use(s) in the best interest of the City and of benefit to the public; and WHEREAS , the funding source for the acquisition and demolition is the 2009 General Fund Note Issue Blight Elimination Fund: NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville that the City’s acquisition of 176 Lincoln Street in the amount of Twenty Four Thousand dollars ($24,000.00) for the above described public purpose(s) is hereby approved and authorized; the City Manager and/or his designee(s) may acquire and close upon the City’s purchase of the Property from the owner(s) on behalf of the City; and BE IT FURTHER RESOLVED , that the City Manager and/or his designee(s), on behalf of the City of Janesville, is/are hereby authorized and empowered to negotiate, draft, modify, review, execute, and enter into additional agreements, record, file, and/or make minor modifications and/or amendments to any and all documents, papers, forms, and agreements, and to take whatever other actions as the City Manager may determine, from time to time and at any time, necessary and/or desirable to effectuate the intent of this resolution and/or the public good. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner McDonald Eric J. Levitt, City Manager Perrotto Rashkin ATTEST: Steeber Truman Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Neighborhood Services Department Prepared by: Neighborhood Development Specialist ïéê q Ô»¹»²¼ ÍËÞÖÛÝÌ Í×ÌÛ Ü¿¬»æ èñîñïð Í½¿´»æ ïþã îððù Ó¿° Ý±±®¼·²¿¬»æ Ôóïì ÔÑÝßÌ×ÑÒ ÓßÐ Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ ÓßÐ ï ßÝÏË×Í×Ì×ÑÒ ÑÚ ïéê Ô×ÒÝÑÔÒ ÍÌ ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ ÍæÐ®±¶»½¬ÄÐ´¿²²·²¹ÄÝ¿»ÄÝ¿»óîðïðÄÔóïìÁß½¯«··¬·±²óïéê Ô·²½±´² PUBLIC WORKS DEPARTMENT MEMORANDUM September 8, 2010 TO: City Council FROM: Carl J. Weber P.E., Director of Public Works SUBJECT: Introduce and Schedule a Public Hearing on a Proposed Ordinance amending JGO Chapter 2.56 regulating the payment of prevailing wages on public works construction projects and publicly funded private construction projects with penalties as set forth in proposed JGO 2.56.070. (File Ord. 2010-462) Staff Recommendation Staff recommends that the City Council schedule Proposed Ordinance 2010-462 amending JGO Chapter 2.56 regulating the payment of prevailing wages on public works construction projects and publicly funded private construction projects for a public hearing on October 11, 2010. City Manager’s Recommendation The major impact of this change would be to changing the prevailing wage requirement for projects from $10,000 to $25,000 and then making it consistent going forward with State Statute. Requested Action Schedule Proposed Ordinance 2010-462 for a public hearing on October 11, 2010. Request Due to recent changes in State statutes, staff seeks to update a related local ordinance to be in compliance with state statutes. Background Effective January 1, 2010, there were significant changes to State of Wisconsin prevailing wage laws. These changes included the elimination of single and multiple trade thresholds that change each year and the creation of a single unchanging threshold of $25,000. Most recently, on 1/1/09, the threshold was $48,000 for single trade projects and $234,000 for multiple trade projects. In addition, State law now requires that prevailing wages be paid on publicly funded private construction projects which receive public assistance of $1,000,000 or more. Analysis The proposed Ordinance No. 2010-462 amends JGO Chapter 2.56, so as to include a requirement for the payment of prevailing wages on private construction projects which receive public funding greater than a threshold established by the State (currently $1,000,000). It also updates to the threshold for public works 1 construction projects (currently $25,000). Finally it establishes a reference to State statutes which will automatically coordinate the thresholds in the ordinance with those in the State statutes which may be amended from time to time. cc: Eric Levitt, City Manager Jacob J. Winzenz, Assistant City Manager/Dir. of Administrative Services 2 ORDINANCE NO. 2010 - 462 An ordinance amending JGO Chapter 2.56 regulating the payment of prevailing wages on public works construction projects and publicly funded private construction projects with penalties as set forth in proposed JGO 2.56.070. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Chapter 2.56 of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: Chapter 2.56 PUBLIC WORKS CONTRACTS WAGE SCALE Sections: 2.56.010 Definitions 2.56.020 Application 2.56.030 Minimum Wage Scale 2.56.040 Records and Compliance 2.56.050 Posting of Wage Scale 2.56.060 Use of City Employees 2.56.070 Penalties. 2.56.010 Definitions . ABuilding or work . "" shall mean construction activity, including the delivery of mineral aggregate such as sand, gravel, asphaltic concrete or stone which is incorporated into the work under contract with the City by depositing the material substantially in place, directly or through spreaders, from the transporting vehicle. "Building or work" does not include the manufacturing, furnishing of materials, or servicing and maintenance work. A. “Direct financial assistance” shall means moneys, in the form of a grant or other agreement or included as part of a contract, cooperative agreement, or any other arrangement, including a redevelopment agreement under Section 66.1333(5) of the Wisconsin Statutes as from time to time amended or renumbered, economic development agreement, contract under Section 66.1105(3) of the Wisconsin Statutes as from time to time amended or renumbered, or assistance provided under Section 66.1109 of the Wisconsin Statutes as from time to time amended or renumbered, that the City directly provides or otherwise directly makes available to assist in the erection, construction, repair, remodeling, demolition of a private facility. "Direct financial assistance" does not include any of the following: A public works contract, a supply procurement contract, a contract of insurance or guaranty, a collective bargaining agreement, or any other contract under which moneys are not directly provided or otherwise directly made available for that assistance. B.Person "" shall mean each person, firm, partnership, corporation, cooperative, joint venture, organization and entity of whatsoever kind or nature. CPublic works construction . "" shall mean building or work involving the erection, construction, remodeling, or repairing demolishing of a public work for the City., including all of the following: of buildings, parking lots, sidewalks, street lighting, traffic signals, sanitary and storm sewers, water mains and appurtenances, and the grading or landscaping of public lands. “Public works construction” does not include a project in which the labor for the project is provided by unpaid volunteers, minor service or maintenance work, warranty work, or work under a supply and installation contract. “Public works construction” includes all of the following: 1) (A highway, street, bridge, building, or other infrastructure project. (2) A project erected, constructed, repaired, remodeled, demolished by one local governmental unit for another local governmental unit under a contract under Sections 66.0301(2), 83.03, 83.035, or 86.31(2)(b) of the Wisconsin statutes as from time to time amended or renumbered or under any other statute specifically authorizing cooperation between local governmental units. (3) A project in which the completed facility is leased, purchased, lease purchased, or otherwise acquired by, or dedicated to, a local governmental unit in lieu of the local governmental unit contracting for the erection, construction, repair, remodeling, demolition of the facility. (4) A road, street, bridge, sanitary sewer, or water main project in which the completed road, street, bridge, sanitary sewer, or water main is acquired by, or dedicated to, a local governmental unit, including under Section 236.13 (2) of the Wisconsin Statutes as from time to time amended or renumbered, for ownership or maintenance by the local governmental unit. D.“Publicly funded private construction project” shall mean a construction project in which the developer, investor, or owner of the project receives direct financial assistance from the City for the erection, construction, repair, remodeling, demolition, including any alteration, painting, decorating, or grading, of a private facility, including land, a building, or other infrastructure. "Publicly funded private construction project" does not include a project in which the labor for the project is provided by unpaid volunteers, minor service or maintenance work, warranty work, or work under a supply and installation contract. "Publicly funded private construction project" does not include a project of public works or a housing project involving the erection, construction, repair, remodeling, demolition of any of the following: (1) A residential property, if the project is supported by affordable housing grants, home improvement grants, or grants from a local housing trust fund. (2) A residential property containing 4 dwelling units or less. (3) A residential property that contains retail, office, or commercial components, if the project is intended to increase the supply of affordable housing in a community. 2.56.020 Application . A. This Chapter shall be applicable to any municipal public works construction contract project as required by Section 66.0903 of the Wisconsin Statutes as from time to time amended or renumbered over Ten Thousand ($10,000.00) Dollars. B. This Chapter shall be applicable to any publicly funded private construction project as required by Section 66.0904 of the Wisconsin Statutes as from time to time amended or renumbered. 2.56.030 Minimum Wage Scale . A . Establishment of Minimum Wage Scale. Prior to the bidding or letting of a public works construction contract, the City Engineer or his/her designee shall determine the prevailing wage rate, hours of labor, and hourly basic pay rates for all trades and occupations required to complete the contemplated public works construction and building or work. In making this determination, the City Engineer shall obtain and incorporate a current schedule of prevailing wage rates from the Department of Industry, Labor and Human Relations (DILHR) Workforce Development (DWD) and a current schedule of prevailing wage rates from the Wisconsin Department of Transportation (WDOT) and shall require the contractor to compensate its employees at the prevailing wage rate in accordance with Section 66.0903(3) of the Wisconsin Statutes and DWD 290 of the Administrative Code as from time to time amended or renumbered. Except for known increases contained within the prevailing wage schedules received from DILHR DWD and WDOT, the prevailing wage rates shall not change during any public works construction contract. For publicly funded private construction projects under this Section the owner or developer of the real property for which the construction is taking place shall determine the prevailing wage rate, hours of labor, and hourly basic pay rates for all trades and occupations required to complete the contemplated publicly funded private construction project. In making this determination, the owner or developer of the real property shall obtain and incorporate a current schedule of prevailing wage rates from the Department of Workforce Development (DWD) and shall require all contractors or subcontractors to compensate its employees at the prevailing wage rate in compliance with this Section and with Section 66.0904(2) of the Wisconsin Statutes as from time to time amended or renumbered. B. Incorporation of Minimum Wage Scale in Construction Contracts . Whenever the City shall bid any public works construction contract or owner or developer of the real property for which a publicly funded private construction project is taking place enters a contract, the bidding documents and construction contracts shall contain the minimum rate of wage scale and hours of labor as determined in Section 2.56.030 A. of this Ordinance. C. Workers to be Paid According to Minimum Wage Scale. No laborer, worker, or mechanic employed directly upon the site of a public works construction contract or publicly funded private construction project by the contractor, or by a subcontractor, agent, or other person, doing or contracting any part of the work, may be paid less than the prevailing wage rate in the same or most similar trade or occupation; nor may he/she be permitted to work a greater number of hours per day or per calendar week than the prevailing hours of labor determined under this subsection, unless he/she is paid for all hours in excess of the prevailing hours of labor at a rate of at least one and one-half times his/her hourly basic rate of pay. An employee's classification shall not be changed to a classification of a lesser rate during the contract. D. Resolving Questions about Minimum Wage Scale and/or Hours. Questions regarding employee classification, rate of pay, or hours of labor shall be resolved by reference to the established practice that predominates in the industry and on which the trade or occupation classification is based. The determination of the City Engineer shall be final. 2.56.040 Records and Compliance . A. Contractor Records. Each contractor, subcontractor, or agent thereof participating in a public works construction contract or publicly funded private construction project covered by this Chapter shall keep full and accurate records clearly indicating the name and trade or occupation classification of every laborer, worker, or mechanic employed thereby in connection with the project. The contractor records shall include an accurate record of the number of hours worked by each employee and the actual wages paid therefore. The contractor shall require, and each subcontractor or agent shall provide, the contractor with evidence of compliance with the provisions of this subsection. B. Evidence of Compliance . Upon completion of the public works construction project and prior to the final payment therefore, each contractor shall file with the Janesville City Engineering Department an affidavit stating that the contractor has fully complied with the provisions and requirements of this Chapter, and that the contractor has received evidence of compliance from each of the contractor's subcontractors and agents. No final payment shall be made until such an affidavit is filed in proper form and order. For publicly funded private construction projects the evidence and affidavit of compliance from each agent or subcontractor shall be filed with the contractor. The contractor may not authorize final payment until the affidavit is filed in proper form and order. C. Complaints . Complaints made against any of the provisions of this Chapter may be investigated by the City Engineer or his/her designee, or may be referred to DILHR DWD in accordance with the provisions of Sections 66.0903 (10)(c) or 66.0904 (8)(c) of the Wisconsin Statutes as from time to time amended or renumbered ss 66.293 (3) (m). The City Engineer or his/her designee, may demand and examine copies of any weekly payrolls and other records and information relating to the wages paid to laborers, workers, and/or mechanics on public works construction contracts or publicly funded private construction projects covered by this Chapter. D. Inspection . (1) The contractor shall at all times maintain all records pertaining to the contract and make all such records available for inspection by the City and each and every of its elected and appointed officials, officers, employees, representatives, or agents. (2) Inspection by the City and related others shall be permitted by the contractor even without prior notice during normal business hours. (3) Failure to permit any inspection shall constitute a separate violation, each day's continuance constituting a separate violation. 2.56.050 Posting of Wage Scale . For the information of the employees working on the public works construction contract or publicly funded private construction project, the minimum wage rates and hours of labor determined under Section 2.56.030 A. of this Chapter shall be kept posted by the contractor in at least one conspicuous and easily accessible place at the site of the public works construction contract or publicly funded private construction project. 2.56.060 Use of City Employees on Building or Public Works Construction. No provision in this Chapter shall be interpreted as in any way limiting the City's right to use City employees to perform building or work or public works construction consistent with State Statutes. 2.56.070 Penalties. A. Any person who violates any rate of wage, hours of labor, related to or other provision of this Chapter shall, upon conviction, pay a forfeiture to the City of not less than One Hundred Dollars ($100.00) nor more than Five Thousand Dollars ($5,000.00) for each violation, together with the costs of prosecution. Upon default in forfeiture payment, such person shall be incarcerated for not more than ninety (90) days or otherwise penalized as provided by law. B . The failure to pay the required wage to an employee for any one week or part thereof shall constitute a separate violation. C . Each day that a person fails to pay the required wage to an eligible employee once it is determined that such wage should have been or should be paid shall constitute a separate violation. D. In addition to and not in lieu of any other penalty or forfeiture provided in this Chapter, the City may seek injunctive relief. E . In addition to and not in lieu of any other penalty or forfeiture provided in this Chapter, the City may disqualify, refuse to prequalify, and/or refuse to contract with any person who violates any provision of this Chapter. 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: __________________ Assistant City Attorney Proposed by: Public Works Department Prepared by: Assistant City Attorney Community Development Department Memorandum Date: September 13, 2010 TO: Eric Levitt, City Manager FROM: Duane Cherek, Planning Services Manager SUBJECT: Introduce a proposed ordinance annexing property located along Todd Drive south of Delavan Drive and adjoining La Prairie Park (File Ordinance No. 2010-464); and Introduce and refer to Plan Commission a proposed ordinance zoning property located along Todd Drive south of Delavan Drive and adjoining La Prairie Park to Mining and M1 upon annexation (File Ordinance No. 2010-465). _____________________________________________________________________ Mule Hill Materials & Nursery, Inc. has filed a petition to annex 75.06 acres along the southerly extension of Todd Drive located south of the Wisconsin & Southern Railroad. Drive south of E. Delavan Drive. Mule Hill desires to extract (mine) sand and gravel on this portion of the landholding which is currently located in the Town of La Prairie. The mining activity would remain east of the Todd Drive right-of-way corridor that extends south of Delavan Drive. In order to establish this land use in the City, the subject property would need to be annexed and zoned for Mining. The zoning process requires the petitioner to submit an operation and phasing plan, as well as a reclamation plan, to be reviewed and approved in conjunction with the mining designation. Approximately 10 acres of land located west and adjoining Todd Drive is proposed for M1, Light Industrial zoning. The Community Development Department has prepared Ordinance No. 2010-464 annexing the land. The applicant has also submitted an application to zone the property to Mining and M1, Light Industrial District upon annexation, as reflected in the attached Ordinance No. 2010-465. While the annexation does not require Plan Commission review, the zoning of property must be referred to the Plan Commission. Therefore, staff recommends that Ordinance No. 2010-465 be referred to the Plan Commission for review and recommendation. Both the zoning and annexation ordinances will be brought back to the City Council following Plan Commission review and a public hearing on the zoning of the property, as requested. Staff anticipates a public hearing before Plan Commission will be scheduled later this fall following a thorough analysis of the development proposal. ORDINANCE NO. 2010-464 An ordinance annexing territory in Section 6 in T.2N., R.13E. of the 4th P.M., Town of LaPrairie, Rock County, Wisconsin. WHEREAS , a petition signed by the owner of the land within such territory proposed to be annexed has been filed with the City Clerk; and WHEREAS , there are no electors residing in the territory; and WHEREAS , the necessary notices have been duly prepared, provided and served as required by law to all persons affected; and WHEREAS , this ordinance does not contain temporary zoning; and WHEREAS , the Department of Administration has not found the proposed annexation to be against the public interest; and WHEREAS , the Common Council has determined that this annexation is in the public interest. NOW THEREFORE THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. The territory described as follows is hereby annexed to the City of Janesville. th Part of the SE.1/4 and part of the NE.1/4 of Section 6, T.2N., R.13E. of the 4 P.M., LaPrairie Township, Rock County, Wisconsin described as follows: o Commencing at the east ¼ corner of said section; thence S0001’44”W along the east line of the SE.1/4 of said Section, 595.00 feet to the south line of the north 18 acres of the east ½ of o the SE.1/4 of said Section, thence N8946’50”W along said south line 297.0 feet to the place of o beginning for the land to be herein described; thence S0001’44”W. 850.44 feet; thence oo N8926’53”W 2341.73 feet to the north-south centerline of said Section; thence N0010’40”E along said north-south centerline, 1431.85 feet to the center of said Section; thence continuing o N0010’40”E. along said north-south centerline 339.94 feet to the south line of the railroad oo property; thence N8701’22”E along said south line, 44.95 feet; thence N8629’12”E continuing o along said south line, 80.15 feet; N8569’52”E continuing along said south line, 183.26; thence o N8552’52”E continuing along said south line, 1012.90 feet to the east line of the SW.1/4 of the o NE.1/4 of said Section; thence S0013’36”W along said east line, 437.78 feet; thence o S0005’10”W. along the east line of the NW.1/4 of the SE.1/4 of said Section, 595.00 feet to the SW. corner of said north 18 acres of the east ½ of the SE.1/4 of said Section; thence o S8946’50”E 1021.20 feet to the place of beginning. SECTION II. After this annexation becomes effective, the above described property shall be exempt from and not subject to further taxation and assessments in the Town of LaPrairie and thence forth shall be subject to taxation and assessment as part of the City of Janesville for any and all purpose provided by law. SECTION III. All the territory annexed by this ordinance is hereby made part of Ward 28 of the City of Janesville. REVISED ORDINANCE NO. 2010-464 PAGE 2 SECTION IV. There are no residents in the area proposed for annexation. SECTION V. The annexation area is within the Janesville School District. SECTION VI. 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, Wald Klimczyk Proposed by: Applicant Prepared by: Community Development Department ORDINANCE NO. 2010-465 An ordinance changing and establishing the zoning classification of property located adjoining LaPrairie Park located south of East Delavan Drive and west of Read Road to M and M1 upon annexation. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. The zoning classification of the following described property is established as M, Mining: TH PART OF THE NE 1/4 AND PART OF THE SE 1/4 OF SECTION 6, T.2N., R.13E. OF THE 4 P.M., CITY OF JANESVILLE, ROCK COUNTY, WISCONSIN. DESCRIBED AS FOLLOWS: Commencing at the East 1/4 Corner of said Section; thence S.0°01’44”W. along the East Line of the SE 1/4 of said Section, 595.00 feet to the South Line of the North 18 acres of the East 1/2 of the SE 1/4 said Section; thence N.89°46’50”W. along said South Line, 297.00 feet to the place of beginning for the land to be herein described; thence S.0°01’44”W. 850.44 feet; thence N.89°26’53”W. 1847.71 feet to the Centerline of Todd Drive, thence Northerly, along said Centerline, along a curve to the Left, 208.53 feet, having a radius of 800.00 feet and a chord bearing N.10°10’26”W. 208.53 feet; thence N.17°39’45”W. continuing along said Centerline, 1154.52 feet; thence Northerly continuing along said Centerline, along a curve to the Right 104.38 feet, having a radius of 340 feet and a chord bearing N.8°52’02”W. 103.97 feet; thence N.0°04’20”W. continuing along said Centerline, 373.24 feet to the South Line of the Railroad Property; thence N.86°29’12”E. 40.08 feet; thence N.85°59’52”E. continuing along said South Line, 183.26 feet , thence N.85°52’52”E. continuing along said South Line, 1012.90 feet to the East Line of the SW 1/4 of the NE 1/4 of said Section; thence S.0°13’36”W. along said East Line, 437.78 feet; thence S.0°05’10”W. along the East Line of the NW 1/4 of the SE 1/4 of said Section, 595.00 feet to said South Line of said North 18.00 acres; thence S.89°46’50”E. along said South Line, 1021.20 feet to the place of beginning. Containing 64.82 acres, more or less. SECTION II. The zoning classification of the following described property is established as M1, Light Industrial: TH PART OF THE NE 1/4 AND PART OF THE SE 1/4 OF SECTION 6, T.2N., R.13E. OF THE 4 P.M., CITY OF JANESVILLE, ROCK COUNTY, WISCONSIN. DESCRIBED AS FOLLOWS: Commencing at the East 1/4 Corner of said Section; thence S.0°01’44”W. along the East Line of the SE 1/4 of said Section, 595.00 feet; thence N.89°46’50”W. 297.00 feet; thence S.0°01’44”W. 850.44 feet; thence N.89°26’53”W. 1847.71 feet to the Centerline of Todd Drive, also being at the place of beginning for the land to be herein described; thence N.89°26’53”W. 494.02 feet to the North-South Centerline of said Section; thence N.0°10’40”E. along said North-South Centerline, 1431.85 feet to the Center of said Section; thence N.0°10’40”E. continuing along said North-South Centerline, 339.94 feet to the South Line of the Railroad Property; thence N.87°01’22”E. along said South Line, 44.95 feet; thence N.86°29’12”E. continuing along said South Line, 40.07 feet to said Centerline of Todd Drive; thence S.0°04’20”E. along said Centerline 373.24 feet; thence Southerly, continuing along said Centerline along a curve to the Left, 104.38 feet, having a radius of 340.00 feet and a chord bearing S.8°52’02”E. 103.97 feet; thence S.17°39’45”E. continuing along said Centerline, 1154.52 feet; thence Southerly along a curve to the Right, 209.12 feet, having a radius of 800 feet and a chord bearing S.10°10’26”E. 208.53 feet to the place of beginning. Containing 10.24 acres, more or less. ORDINANCE NO. 2010-465 Page 2 SECTION III. 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, Wald Klimczyk Proposed by: Applicant Prepared by: Community Development Department