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Full Agenda Packet CITY OF JANESVILLE CITY COUNCIL MEETING AGENDA MONDAY, May 23, 2011 7:00 P.M. 1. Call to Order and Pledge of Allegiance. 2. Roll Call. 3. Minutes of City Council meetings: “C” A.Special meeting of April 27, 2011. B.Regular meeting of May 9, 2011. 4. Licenses; and Recommendations of the Alcohol License Advisory Committee. (Refer to separate agenda.) “C” 5. Financial statement for the month of April, 2011. “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 amending JGO Sections 5.52.011(A) and 5.52.040(A) regulating pawnbrokers, second hand article dealers, and second hand jewelry dealers in the City of Janesville. (File Ord. No. 2011-482) NEW BUSINESS 1. City Manager Report: Revaluation (Part 4) 2. Action on a proposed resolution approving a revised state and federal grants budget. (File Res. No. 2011-805) ----------------------- “C” – This designation indicates an item that the City Council will take up under a Consent Agenda. City Council Agenda – May 23, 2011 Page 2 NEW BUSINESS (CONTINUED) 3. Action on a proposed resolution authorizing the filing of an application in cooperation with the County of Rock with the US Department of Housing and Urban Development for a lead hazard control grant. (File Res. No. 2011-809) 4. Action on a proposed resolution authorizing the terminating, dissolving and de-certifying of TIF District #14 and authorizing the City Clerk to distribute excess increment to overlying taxing districts. (File Res. No. 2011-808) 5. Action on a proposed resolution acknowledging the review of the Wastewater Utility 2010 Compliance Maintenance Annual Report. (File Res. No. 2011-807) 6. Introduce and schedule a public hearing on a proposed ordinance amending the City’s Wastewater Facility and Sewer Use ordinance in order to adjust hauled waste service charges. (File Ord. No. 2011-486) 7. Introduce, refer to Plan Commission and schedule a public hearing on a proposed ordinance rezoning property located at 1220 West Court Street from O1 to B2. (File Ord. No. 2011-485) 8. Requests and comments from the public on matters which can be affected by Council action. 9. Matters not on the Agenda. 10. Motion to adjourn. 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 MAY 9, 2011 VOL. 62 NO. 4 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on May 9, 2011. The meeting was called to order by Council President Brunner at 7:00 PM. Present: Council President Brunner, Councilmembers Dongarra-Adams, Liebert, McDonald, Rashkin Steeber and Voskuil. CONSENT AGENDA Minutes of the regular City Council meeting of April 25, 2011. Licenses: and Recommendations of the Alcohol License Advisory Committee. (Refer to separate agenda.) Council President Brunner stated that both items on the consent agenda would be approved if there were no objections. There were none. Special recognition: Action on a proposed resolution in commendation of Joseph L. Clough’s thirty- five years of service to the City of Janesville. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember McDonald and passed unanimously. (File Res. No. 2011- 802) th Action on a proposed resolution recognizing the week of May 15 as “Emergency Medical Services Week”. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Liebert and passed unanimously. (File Res. No. 2011-806) th Action on a proposed resolution recognizing the week of May 15 as “National Police Week” and the th day of May 15 as “Peace Officers Memorial Day”. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Rashkin and passed unanimously. (File Res. No. 2011- 798) OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. Al Lembrich, 541 Miller Ave., spoke against the ordinance regulating pawn brokers, second hand article dealers and second hand jewelry dealers (NB #9). Burdette Erickson, 115 S. High St. and Kurt Linck, 118 S. High St., spoke in favor of the purchase and demolition of the houses at 527 N. Pearl St. (NB #6) and 14 S. Grant St. (NB #7). Andreah Briarmoon, 339 S. Locust St., spoke against the demolition of said houses. Ann Forbeck, representing the School District of Janesville spoke in favor of the increasing the cap for reduced fare bus tokens (NB #5). NEW BUSINESS 1. Action on a financial gain request from the Janesville Nighthawks Football Organization to host a Nighthawks in the Park public event to benefit a non-profit organization at Monterey Park on Saturday, June 4, 2011. Council President Brunner deferred action on this item indefinitely. Council President Brunner combined action on New Business Items #2 and #3. 2. Public hearing and action on a proposed resolution accepting the conveyance of land for public right- of-way at 3377 Milton Avenue and at 3359 Milton Avenue. 3. Action on a proposed resolution authorizing the acceptance of a quit claim deed from WisDOT to permit access to STH 26 for the property located at 3377 Milton Avenue and a separate agreement between the City and the owner of property at 3377 Milton Avenue. Jon Groessl, Tara Spoon, Jeff Woodman, and Mary Cottwoods, all representing Marwood Corporation and Gloria Woodman, and Jim Campbell, representing Cambeck Petroleum, spoke against the resolutions. Fred Wessler, representing BLM Land LLC, spoke in favor of the resolutions. The public hearing was closed. Councilmember Steeber moved to adopt both resolutions, seconded by Councilmember Voskuil and passed by the following vote: Aye: Brunner, Dongarra-Adams, McDonald, Rashkin, Steeber and Voskuil. Pass: Liebert. (File Res. No. 2011-788 & File Res. No. 2011-789) 4. City Manager Report: Revaluation (Part 3) Richard Haviza, City Assessor, spoke about the Assessor’s Office and how the assessed value of property is calculated using a wide variety of factors. He also explained that property owners can contact the City Assessor’s office if they believe the data about their property is incorrect. Council President Brunner moved New Business item #8 next. 8. Possible action on a proposed letter from the City Council to the Joint Committee on Finance regarding the State Budget Bill. Councilmember Steeber moved to approve the letter as amended, seconded by Councilmember Rashkin and passed unanimously. 5. Authorize Administration to increase transit special fare token cap limit. Councilmember McDonald moved to increase the transit special fare token cap limit to 12,000, seconded by Councilmember Steeber and passed unanimously. Councilmember Voskuil left the meeting at 9:01 p.m. 6. Action on a proposed resolution authorizing the acquisition and demolition of property at 527 N. Pearl St. Councilmember Rashkin moved to approve said resolution, seconded by Councilmember Liebert and passed unanimously. (File Res. No. 2011-804) 7. Action on a proposed resolution authorizing the acquisition and demolition of property at 14 S. Grant St. Councilmember Rashkin moved to approve said resolution, seconded by Councilmember Steeber and passed unanimously. (File Res. No. 2011-803) 9. A proposed ordinance amending JGO Sections 5.52.011(A) and 5.52.040(A) regulating pawnbrokers, second hand article dealers, and second hand jewelry dealers in the City of Janesville was introduced and scheduled for a public hearing on May 23, 2011. (File Ord. No. 2011-482) 10. A proposed ordinance rezoning property located at 3400 County Trunk F (Rock County campus) from M1 to O1 was introduced, referred to the Plan Commission and scheduled for a public hearing on June 27, 2011. (File Ord. No. 2011-481) 11. A proposed ordinance rezoning property located at the southwest corner of Sandhill Dr. and N. Wright Rd. from R1 and R3 to O1was introduced, referred to the Plan Commission and scheduled for a public hearing on June 27, 2011. (File Ord. No. 2011-484) 12. Requests and comments from the public on matters which can be affected by Council action. Andreah Briarmoon, 339 S. Locust St., asked the Council to review the website information about assessing, to supervise election workers and consider letting low income individuals use buses for free during off-peak periods. 13. Matters not on the Agenda. Councilmember Liebert stated that he toured Fire Station #1 and would like to see some movement on a new fire station. Council President Brunner stated that the Salvation Army thanked everyone who participated in the Big Give Food Drive. He also stated that the Janesville Shade Tree Advisory Committee planted a tree in memory of Bob Ledger at the Arbor Day Celebration at Monterey Park on April 30, 2011. 14. Motion to adjourn. Councilmember Steeber moved to adjourn, seconded by Councilmember McDonald and passed unanimously. There being no further business, Council adjourned at 9:23 p.m. These minutes are not official until approved by the City Council. David T. Godek City Deputy Clerk-Treasurer PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN SPECIAL MEETING April 27, 2011 VOL. 62 NO. 3 A special meeting of the City Council of the City of Janesville held in the Municipal Building on April 27, 2011. The meeting was called to order by Council President Brunner at 5:30 PM. Present: Council President Brunner, Councilmembers Dongarra-Adams, Liebert, McDonald, Rashkin, and Steeber. Absent: Councilmember Voskuil. Review of Financial Policies on Debt Issuance and Fund Balance City Manager Levitt stated that the City of Janesville is in a strong financial position. We are fiscally conservative in our fund balance and debt policies in comparison to our peer cities. Assistant City Manager Winzenz reviewed the City’s existing and proposed debt policy statement and compared it to our peer cities. He suggested that the debt limit be at 2.5% of our legal limit (5%) and to keep our debt service at 15% of the General Fund operating budget. If the Council wishes to exceed these limits then a super majority vote of the Council would be required. The Council asked various questions. Comptroller Lynch reviewed the City’s Fund Balance 5 year history and the new terminology for Fund Balance per GASB Statement 54. Councilmember Steeber left the meeting at 7:00 PM. Council discussed the appropriate percentage range of unrestricted General Fund balance to the General Fund Operating expenditures. Assistant City Manager Winzenz reviewed the macro projection for the 2012 General Fund budget. The City has a $1.3 million shortfall in revenue and an expenditure increase of $1.3 million for an overall deficit of $2.8 million. Council President Brunner requested that the Administration draft a letter for the Council review detailing the impact of the loss of State Shared revenues on the City of Janesville. The City lost 23% in State Aid in comparison to a 12% average of our peer Cities. The distribution of State Aid cuts was not equitable between municipalities. Matters not on the Agenda There were none. Councilmember Rashkin moved to adjourn, seconded by Councilmember McDonald and passed unanimously. There being no further business, Council adjourned at 7:43 PM. These minutes are not official until approved by City Council. Jean Ann Wulf City Clerk-Treasurer JANESVILLE CITY COUNCIL LICENSE AGENDA 5/23/2011 RECOMMENDED A. AMUSEMENT DEVICE–ORIGINAL J and R Liquors, Inc. Randip P. Singh 1621 W. Court St. B. ELECTRICIANS–ORIGINAL st William Bachand 1669 S. 1 St., Milwaukee, WI Paul Schumer 6116 S. County Rd. H, Beloit, WI Kevin Winkler 7329 Pheasant Trl., Racine, WI C. SECONDHAND MALL LICENSE–ORIGINAL Debra L. Fye Repeat Retreat 2340-2342 Center Ave. D. ORIGINAL AND RENEWAL CLASS B INTOXICATING LIQUOR AND FERMENTED MALT BEVERAGE LICENSE Speakeasy Inc. d/b/a The Speakeasy Anita Karl 19 N. High St. ACCOUNTING DIVISION MEMORANDUM May 13, 2011 TO: City Council FROM: Patty Lynch, Comptroller SUBJECT: Financial Statement for the Month of April 2011 The City prepares its Financial Statements in accordance with generally accepted accounting principles 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, are presented in the following graphs. EXPENDITURE SUMMARY The graph below indicates that the General Fund, Water Utility, and Wastewater Utility expenditures are being made according to budget. Year-To-Date April ExpendituresCompared to Three-Year Average Current YTD 3 Yr. Avg. 45% 40% Percent of Total Budget 35% 30% 25% 20% 15% 10% 5% 0% General FundWater -Wastewater - OperatingOperatingSanitation April 2011 Financial Statements May 13, 2011 Page 2 REVENUE SUMMARY The graph below indicates revenue has been earned as anticipated. Year-To-Date April RevenuesCompared to Three-Year Average Current YTD 3 Yr. Avg. 50% 45% Percent of Total Budget 40% 35% 30% 25% 20% 15% 10% 5% 0% General FundWaterWastewaterSanitation Other items of interest in the Financial Statement are as follows: Proprietary Funds (page 4)  The Water Utility has a deficit operating cash balance of $1,488,129 at April 30, 2011. This is partly due to the timing of debt service payments. Principal and interest totaling $2,310,795 was paid in February. Water sales 14% below projections are also a major factor. The 3% increase in water rates effective May 11, 2011 is intended to help fund the cash deficit.  The Stormwater Utility has a deficit operating cash balance of $369,652 at March 31, 2011. This is because revenue is billed on a quarterly basis after expenditures have been made.  Transit reports a negative cash balance of $672,142 due to the timing of grant reimbursements after expenditures have been made. Special Revenue Fund Balance (page 5)  TIF 3 has a positive balance of $162,529. The positive balance will be used to repay the general fund advance plus accrued interest.  Many TIF funds have deficit cash balance, however TIF projections indicate that the districts will reach a positive fund balance before the districts expire.  Landfill long-term care of site #3023 ($134,824) will be reimbursed by an insurance policy we have in place for post closure care. April 2011 Financial Statements May 13, 2011 Page 3 Capital Projects Fund (page 6)  The City incurred expenditures in conjunction with road projects on Highway 11 from Wright Road to Highway 14 ($186,800). These costs will be funded with either future special assessments or General Obligation note issue. A representative of the Administrative Services Department will be available at the Council Meeting on May 23, 2011 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 JANESVILLE POLICE DEPARTMENT MEMORANDUM May 16, 2011 TO: City Council FROM: David J. Moore, Chief of Police SUBJECT: Second reading, public hearing and action on a proposed ordinance amending JGO Sections 5.52.011(A) and 5.52.040(A) regulating pawnbrokers, second hand article dealers, and second hand jewelry dealers in the City of Janesville. (File Ordinance 2011-482) Executive Summary On February 28, 2011 the City Council adopted File Ordinance 2011-476 which amended section 5.52 of the Code of General Ordinances regulating Junk Dealers, Secondhand Dealers, Secondhand Jewelry Dealers and Pawnbrokers. At the City Council meeting of March 14, 2011, business owners affected by the ordinance voiced opposition to the ordinance. Accordingly, the police department, city attorney’s office and city manager’s office considered the concerns and offer the following changes to Janesville General Ordinances 5.52: • 5.52.011 Definitions – Paper Currency and Coins. The amendment further defines paper currency and coins as those transactions in which the currency or coins are redeemed at a value greater than face value. • 5.52.040 License – Reports to Police – Receipt Required. The amendment excludes those transactions that are less than $10.00 in value from electronic reporting. The police department notified the affected businesses of the public hearing and the details of the amendment. This will offer the businesses the opportunity to address the city council if they have further concerns about the ordinance. The letters were sent to: The Coin Shop Dube’s Jewelry Big Ed’s Pawn Shop Game Stop The Exclusive Company Gander Mountain Bay Design Jewelers Home Again Consignment Best Buy House of Treasure Addie’s Firearms Kay’s Jewelers Carousel Consignments JB Robinson Casey’s Pawn Shop The Diamond Center 1 Further, there is considerable history to the police department’s and city council’s activities on this ordinance, the activities regarding the ordinance are in a document entitled Police Department Communication, March, 2011. Recommendation The police department supports the adoption of amended ordinance 2011-482. City Manager Recommendation The City Manager concurs with the Police Department recommendation. cc: Eric Levitt, City Manager Jay J. Winzenz, Assistant City Manager 2 ORDINANCE NO. 2011 - 482 An ordinance amending JGO Sections 5.52.011(A) and 5.52.040(A) regulating pawnbrokers, second hand article dealers, and second hand jewelry dealers in the City of Janesville with penalties as set forth in JGO 5.52.090. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Section 5.52.011(A) of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: 5.52.011 Definitions When used in this chapter the following words shall mean: A. “Article” means any of the following articles: 1. Audiovisual equipment. 2. Bicycles. 3. China. 4. Computer, laptops, printers, software and computer supplies. 5. Computer toys, gaming systems and games. 6. Crystal. 7. Electronic equipment. 8. Fur coats and other fur clothing. 9. Ammunition and knives. 10. Microwave ovens. 11. Office equipment. 12. Pianos, organs, guitars and other musical instruments. 13. Compact Discs, Audiotapes, Videotapes, DVDs, GPS Units, and other optical media recording or replaying devices. 14. Silverware and flatware. 15. Small electrical appliances. 16. Telephones. 17. Power tools and pneumatic tools. 18. Firearms. 19. Paper currency and coins redeemed for greater than face value. 20. Sports equipment. 21. Jewelry. SECTION II. Section 5.52.040(A) of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: 5.52.040 Licensee—Reports to Police—Receipt Required A. Pawnbrokers, secondhand article dealers, and secondhand jewelry dealers must submit every reportable transaction to the police department within 48 hours, excluding legal holidays, in the following manner, except for all consignment transactions and all other transactions of a value of less than $10.00, which must be reported as required by Section 134.71(8)(e) of the Wisconsin statutes as from time to time amended or renumbered. Pawnbrokers, secondhand article dealers, and secondhand jewelry dealers must provide to the police department all required information pursuant to State Statute and this chapter, by transferring the required information from their computer to the web server via modem designated by the Janesville Police Department. All required records must be transmitted completely and accurately in accordance with standards and procedures established by the police department using procedures that address security concerns of the pawnbroker or secondhand article and jewelry dealer and the police department. Each pawnbroker, secondhand article dealer, and secondhand jewelry dealer must display a sign of sufficient size in a conspicuous place on the premises which informs all patrons that all transactions are reported to the police department. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Dongarra-Adams Eric J. Levitt, City Manager Liebert McDonald ATTEST: Rashkin Steeber Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: ____________________________________ Assistant City Attorney Proposed by: Police Department Prepared by: Assistant City Attorney NEIGHBORHOOD SERVICES MEMORANDUM May 16, 2011 TO: Council President Brunner & City Council FROM: Jennifer Petruzzello, Neighborhood Services Director SUBJECT: Action on a Proposed Resolution Approving a Revised 2011 State and Federal Grants Budget (File Resolution #2011-805) Summary Each year, a budget is prepared for the Neighborhood Services Department, Housing Division, “States and Federal Grants Budget”. The budget is drafted to address the goals and objectives identified in the Consolidated Plan and Annual Action Plan for the Community Development Block Grant (CDBG), the HOME Investment Partnership Program (HOME), and other State and Federal Grants. The 2011 Adopted Budget emphasized the continued revitalization of Janesville’s residential and downtown neighborhoods through the implementation of housing programs, including: home ownership, the rehabilitation of owner-occupied and rental properties and the elimination of blight. The implementation of the Neighborhood Stabilization Program (NSP) and Lead Hazard Reduction Grants was also emphasized in 2011. Activities funded under these programs benefit low to moderate income individuals in our community and include: down payment and closing cost assistance to increase home ownership, owner and renter-occupied rehabilitation and pro-active property maintenance to maintain safe and affordable housing, emergency rent assistance (ECHO), neighborhood activities, downtown blight elimination, and assistance to agencies such as the Boys and Girls Club, HealthNet, and the Literacy Connection. With the recent adoption of the 2011 Federal Budget, the City of Janesville will receive 16.5% less in CDBG funding ($97,000) and 12% less in HOME funding ($26,000) than anticipated when the 2011 budget was prepared, necessitating a budget amendment. Funding under the NSP program will be unaffected. This reduction impacts the total amount that may be expended for administrative activities and public service activities. Funding under the Lead Hazard Reduction Grants can be expanded in response to local demand. Department Recommendation The Neighborhood Services Department recommends that the City Council approve File Resolution #2011-805 approving a revision to the 2011 State and Federal Grants Budget. The nature and extent of the federal budget reduction, requires a revision of the State and Federal Grant’s budget. The proposed revisions are consistent with the 2011 Annual Action Plan for the use of CDBG and HOME funding. The recommendation results in a budget reduction of 1 $85,000 for the CDBG program, a reduction of $6,000 for the HOME program, and an increase of $301,339 in lead hazard reduction programs. City Manager Recommendation The City Manager concurs with the staff recommendation. I understand the amendments that the CDA approved and am generally supportive. One concern that I have is the elimination of any new funding to DDA for their project may eliminate the possibility for the property owner to move forward with the approved project. The City Council will likely need to move some funding back to DDA and potentially provide additional funding from another source or ask DDA to look at a different project. Suggested Motion I move to approve File Resolution #2011-805 approving a revision to the 2011 State and Federal Grants Budget. Objectives The goal of the Neighborhood Services Department, Housing Division, is “to promote the revitalization of Janesville’s central city neighborhoods and downtown, resulting in vibrant and healthy residential areas with affordable housing.” This goal is met through the promotion of the following objectives:  To promote the maintenance and rehabilitation of existing housing through housing rehabilitation programs and the enforcement of housing and nuisance codes.  To increase homeownership among low and moderate income families  To assist in the elimination of slums and blight  To facilitate redevelopment projects  To administer the federal and state grant programs in an efficient and cost effective manner. In 2009, the Community undertook an extensive evaluation of Janesville’s Housing and Community Development needs while creating the 2010-2014 Consolidated Plan. Through this process, the following housing priorities were identified:  Create affordable, quality, housing stock for low to moderate income families.  Improve the existing housing stock.  Increase homeownership opportunities. The following community development priorities were identified:  Healthcare  Job training or Employment Services  Rent Assistance  Self-sufficiency programs (medium priority)  Youth services (medium priority) 2 Budget The State and Federal Grants Budget consists of funding from a variety of sources, including CDBG, HOME, and Other State and Federal Grants. For the purpose of this budget revision, I have broken the budget down into these 3 primary areas, while excluding the Neighborhood Stabilization Program which remains unchanged. For 2011, the City of Janesville will receive $97,000 less than budgeted from the federal government for the CDBG program, and anticipates receiving $84,000 less in program income (through the re-payment of loans) than budgeted, which results in a $181,000 shortfall. With $46,000 in unexpended funds from 2010 and higher than anticipated program income in 2010, $96,000 can be addressed through a reallocation of revenue from prior years. This leaves a balance of $85,000 which must be addressed through expenditure reductions within the CDBG program. For 2011, the City of Janesville will receive $26,000 less in HOME program funds, and anticipates receiving $90,000 in program income, which results in a $26,000 shortfall in the HOME program budget. Please see attachment for a history of funding allocations. This document demonstrates that CDBG funding is at its lowest point since 1993 and HOME is at its lowest point since the Consortium was created in 2002. In light of these reductions, and in response to public demand, Neighborhood Services has explored means to bring in additional grant dollars, and to expedite grant dollars, coming into our community to support Janesville’s housing goals. The City will be completing our commitment under the Rock County Lead Hazard Reduction Grant in 2011, which is one year early. This allows us to transfer the administrative expense associated with lead projects to this grant, and better positions us for future funding. (Note: Lead grant projects are funded by both the lead grant and the CDBG program) In addition, the City has secured a commitment from the State of Wisconsin to provide additional grant dollars under the Lead Hazard Demonstration Grant Program. With these changes, the City is positioned to receive an additional $300,000 in funding in 2011, and is better positioned for continued funding in 2012. The CDBG program establishes a maximum amount that can be expended for eligible administrative expenses. This maximum is calculated at 20% of the new grant amount, plus 20% of the current year’s program income. The original administrative cap was calculated at $150,000, although it was budgeted at $119,000. The revised estimated administrative cap is $114,000. The CDBG program establishes a maximum amount that can be expended for eligible public service activities. This maximum is calculated at 15% of the new grant amount, plus 15% of the prior year’s program income. The original public service cap was estimated at $105,000. The revised public service cap is $103,000. The following public service activities are included: 3 Original Revised 2011 Budget 2011 Budget Boys and Girl’s Club (Lincoln After School $4,000 $3,000 Program) Emergency Rent Asst (ECHO) $50,500 $46,231 HealthNet $38,000 $34,804 The Literacy Connection $4,000 $3,000 Neighborhood Activities (Neighborhood Action $5,500 $2,625 Teams) Neighborhood Livability (Camp Scholarships) $3,000 $3,000 Total $105,000 $92,660 Recommendation Staff recommends a budget reduction of $85,000 for the CDBG program, a reduction of $6,000 for the HOME program, and an increase of $301,339 in lead hazard reduction programs. Attached please find 3 tables further detailing proposed revisions to the CDBG, HOME and State and Federal Grants Program budgets. The financial impact of the federal budget on the programs and services that are offered throughout our community are significant. These tables include the original 2011 adopted budget, the recommended revised 2011 budget, the dollar and percentage impact of the change, as well as a brief explanation of the impact of the change. As staff prepared these recommendations for your consideration, there was an attempt to maintain those programs that were identified as priority items by our community through the Consolidated Planning Process. Staff looked at ways to bring in other sources of revenue to maximize our resources and help our housing dollars go farther. Unexpended dollars from prior years were reallocated into the 2011 budget, rather than budgeting them in the following year as we have done in the past. The Community Development Authority held a public hearing on the Revised 2011 State and Federal Grant’s Budget on May 11, 2011 and recommends the City Council approve the proposed revision. Attachments: History of CDBG, HOME and ADDI funding 2011 Proposed Budget cc: Eric Levitt, City Manager Jay Winzenz, Assistant City Manager/Director of Administrative Services 4 RESOLUTION NO. 2011-805 RESOLUTION APPROVING A REVISED 2011 STATE AND FEDERAL GRANTS BUDGET WHEREAS , the City of Janesville is an entitlement community under the Community Development Block Grant Program and is the lead agency for the Rock County Consortium under the HOME Investment Partnership (HOME) Program, both of which are administered by the U. S. Department of Housing and Urban Development; and WHEREAS , in preparing the 2011 budget, the City of Janesville anticipated that $762,000 in Community Development Block Grant (CDBG) funds and $678,000 in Neighborhood Stabilization funds would be available in 2011, including new grant awards, program income and the use of prior year’s grants; and WHEREAS , in preparing the 2011 budget, the City of Janesville anticipated that $440,000 in HOME funding would be available in 2011, including new grant awards, program income and the use of prior year’s grants; and WHEREAS , with the recent adoption of the 2011 Federal Budget, the City of Janesville will receive $120,000 less in new grant dollars through the CDBG and HOME programs than originally anticipated (16.5% less in CDBG funding-$97,000 and 12% less in HOME funding-$26,000); and WHEREAS, the Community Development Authority (CDA) has held a public hearing regarding proposed changes to the 2011 State and Federal Grants budget; and WHEREAS , the Community Development Authority has recommended to the Common Council that it approve the revised budget, which is consistent with the 2011 Annual Action Plan; and WHEREAS , the budget will be revised as follows: HOME Investment Partnership Program (HOME) HOME funds are to be used to provide affordable housing including assistance for new construction of housing to be occupied by income eligible households, down payment and closing cost assistance, and owner- and renter-occupied rehabilitation loans. Reduce HOME funded activities from $440,000 to $434,000. Revisions to HOME funded activities include: 1. Reduce Home Ownership Down Payment Assistance Program by $26,000. 2. Increase HOME Administration by $20,000. Resolution No. 2011-805 Page 2 Community Development Block Grant (CDBG) CDBG funds are to be used to provide a variety of housing and community development activities to support low to moderate income individuals, including: housing, neighborhood stabilization, local home ownership, neighborhood, downtown, public service, and administration. Reduce CDBG funded activities from $762,000 to $677,000. Revisions to CDBG funded activities include: 1. Reduce CDBG Program Administration by $10,076. 2. Reduce Rehabilitation Services Delivery by $10,870. 3. Reduce Neighborhood Action Teams by $2,875. 4. Reduce Downtown Improvement Programs by $18,000. 5. Reduce Housing Owner- Rehabilitation by $72,500. 6. Increase Housing Rental – Rehabilitation by $35,000. 7. Reduce CDA Owned Houses by $1,014. 8. Reduce Emergency Rent Assistance by $4,269. 9. Increase Home Ownership Down Payment Assistance Program by $4,800. 10. Decrease HealthNet by $3,196. 11. Decrease Boys and Girls Club by $1,000. 12. Decrease Literacy Connection by $1,000. Other State and Federal Grants Other State and Federal Grants include those which support the housing and community development goals of the Neighborhood Services Department. This includes funding under the Lead Hazard Control Grant, the Lead Hazard Demonstration Grant, and other inactive grants where we continue to receive loan repayments. Other State and Federal Grant funds must be used in accordance with the terms of the grant agreement. Increase other state and federal grants from $158,400 to $459,799. Revisions to Other State and Federal Grant funded activities include: 1. Increase Lead Hazard Reduction Control Grant by $211,399. 2. Increase Lead Hazard Reduction Demonstration Grant by $50,000. 3. Increase Wisconsin Rental Rehabilitation Grant by $40,000. WHEREAS , the Common Council finds that it is in the community's best interest to revise the 2011 State and Federal Grants budget to reflect the reduction in federal funding; Resolution No. 2011-805 Page 3 NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Janesville, that it authorizes and directs the City Manager to administer the 2011 State and Federal Grants Budget as recommended; BE IT FURTHER RESOLVED, that the City Manager, and his designees, are hereby authorized to negotiate, draft, prepare, execute, file and modify such other documents, papers and agreements ancillary and/or pertaining thereto and, from time to time, to take and/or make whatever other minor actions and/or minor modifications to the above described agreements as the City Manager and/or his designee may deem necessary and/or desirable to effectuate the purposes of such agreements and the intent of this resolution. The City Manager is also hereby authorized to revise the FY2011 budget document to reflect the receipt of the FY2011 Community Development Block Grant Program and HOME program funds and the expenditures as reflected in this resolution. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Dongarra-Adams Eric J. Levitt, City Manager Liebert McDonald ATTEST: Rashkin Steeber Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Community Development Authority Prepared by: Neighborhood Services Director NEIGHBORHOOD SERVICES MEMORANDUM May 13, 2011 TO: City Council FROM: Jennifer Petruzzello, Neighborhood Services Director SUBJECT: Action on a proposed resolution authorizing the filing of an application, in cooperation with the County of Rock, with the U.S. Department of Housing and Urban Development for a Lead Hazard Control Grant. (File Resolution #2011-809) Summary: In April of 2009, Rock County was awarded a lead hazard control grant of $1.1 million. The City of Janesville is currently partnering with Rock County and the City of Beloit on this grant. While this grant was originally estimated to fund lead hazard projects over a three-year period, Janesville will complete its projects by September of 2011. Rock County has approached both the City of Janesville and the City of Beloit about our interest in submitting an application for additional grant funding under the U.S. Department of Housing and Urban Development, Office of Healthy Homes and Lead Hazard Control. If funding were awarded, it would be divided in equal amounts between the three (3) agencies. If fully funded, the City would receive approximately $500,000 over 3 years to assist 30 dwelling units to become lead safe. As part of the application, each agency must commit to a minimum amount of local match. Community Development Block Grant (CDBG) revolving loan, CDBG entitlement funds, Neighborhood Stabilization Funds, and the value of staff project coordination time can be used as our portion of the match. Funding would be available to reduce or eliminate lead hazards in income eligible rental housing and owner occupied housing. Priority will be given to assist dwellings occupied by children under six years of age with documented lead poisoning to protect them from further lead exposure. Department Recommendation The Neighborhood Services Department recommends that the City Council approve File Resolution #2011-809 authorizing the filing of an application, in cooperation with the County of Rock, with the U.S. Department of Housing and Urban Development for a Lead Hazard Control Grant. City Manager Recommendation The City Manager concurs with the Neighborhood Services Department recommendation. 1 Suggested Motion I move to approve File Resolution #2011-809 authoring the filing of an application, in cooperation with the County of Rock, with the U.S. Department of Housing and Urban Development for a Lead Hazard Control Grant. Request Rock County has requested that the City of Janesville consider joining them in submitting a grant application for funding from the Lead-Based Paint Hazard Control Program. The City of Janesville would be a subgrantee of this application, meaning that Rock County would serve as the lead agency. Background/Analysis: Lead-based paint is a significant problem in the United States and resulted in the banning of lead from paint in the early 1970’s. By 1978, the supply of lead-based paint had been exhausted and housing built after that date is considered to be lead-safe. In the United States alone, nearly 1 million children under the age of six (6) have lead levels in their blood high enough to impair their ability to think, concentrate and learn. Lead can damage a child’s kidneys and central nervous system, and cause anemia, coma, convulsions and even death. In the City of Janesville there are approximately 15,000 housing units constructed prior to 1978. In our housing rehabilitation programs, the City is required to identify the lead hazards in a dwelling unit and take appropriate measures to mitigate the risks of lead exposure. Unfortunately, the additional requirements and costs associated with addressing the lead-based paint issue may make participating in the City’s housing rehabilitation programs less attractive to low to moderate income property owners. The City has successfully partnered with Rock County on two previous Lead-Based Paint Hazard Control Grant Programs. The first two grants were awarded by HUD in 2006 and 2009 and resulted in a total of 2.2 million being allocated to Rock County, the City of Beloit and the City of Janesville. In addition to the Lead Hazard Control Grants, the City of Janesville has some additional history of partnering with Rock County and the City of Beloit to receive federal grant funds. Most notable of these is the Rock County HOME Consortium, which was formed for the purposes of receiving HOME Investment Partnership Program funds on an annual basis. This Consortium has allowed the cities of Janesville and Beloit, as well as Rock County to receive a consistent source of funds to support our housing programs as opposed to competing against each other for HOME funds awarded by the State of Wisconsin. If this grant application is funded by the U.S. Department of Housing and Urban Development (HUD), funding would be available to the cities of Beloit and Janesville, as well as Rock County to reduce the hazards of lead-based paint. The grant award would be divided equally between the parties making 1/3 of the grant funds available to the City of Janesville. If fully funded, the City would receive approximately $500,000 over 3 years to assist 30 dwelling units to become lead safe. 2 As part of the application, each agency must commit to a 15% local match. Community Development Block Grant (CDBG) revolving loan, CDBG entitlement funds, Neighborhood Stabilization Funds, and the value of staff project coordination time can be used as our portion of the match. It is anticipated that 10% of the match will be passed along to property owners through deferred loans, installment loans, and cash contributions. The remaining 5% match is anticipated to be met through the value of staff project coordination. The timeframe for the expenditure of these grant funds is three (3) years. This program would be available to both owner-occupied as well as rental properties. However, in order to be eligible the housing unit must be occupied by low-moderate income family. Priority will be given to households with a child under the age of six (6) with elevated blood lead levels. Staff expects to work closely with the Rock County Health Department in identifying properties containing a child with an elevated blood level of lead. In order to encourage participation, grant funds from the Lead-Based Hazard Control Grant Program will be structured as a deferred payment forgivable loan. Participation in the Lead Hazard Reduction Grant Program would bring additional financial resources to the City of Janesville to address lead hazards in our housing stock, which will enable us to stretch our CDBG and HOME rehabilitation dollars further. Housing staff is experienced in working to reduce lead hazards, and this program would be administered in a similar manner as our current grant. Addressing lead hazards is consistent with the Consolidated Plan and the 2011 Action Plan, which outline actions to be taken to evaluate and reduce lead-based paint hazards and integrate these actions into housing policies and programs. The Community Development Authority reviewed this item at their May 11, 2011 meeting and unanimously voted to forward a positive recommendation to the City Council in support of filling an application in cooperation with the County of Rock. Attachments: Resolution #2011-809 cc: Eric Levitt, City Manager Jay Winzenz, Assistant City Manager/Director of Administrative Services 3 RESOLUTION NO. 2011-809 A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION IN COOPERATION WITH THE COUNTY OF ROCK WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR A LEAD HAZARD CONTROL GRANT WHEREAS , the County of Rock has proposed to apply for a Lead Hazard Control Grant from the U. S. Department of Housing and Urban Development in the amount of $1,500,000; and WHEREAS, housing built before 1978 is likely to have some level of lead paint hazards and the City of Janesville has over 15,000 housing units built prior to 1978; and WHEREAS, lead hazard control work is required for all of the housing rehabilitation programs offered by the City of Janesville and the receipt of Lead Hazard Control Grant funds would supplement existing funding for housing rehabilitation activities; and WHEREAS, Rock County proposes that the City of Janesville enter into a cooperative agreement including the division of labor and funds approximately one-third City of Janesville, one-third City of Beloit, and one-third Rock County; and WHEREAS, a minimum of a 15% match of local funds is required for the grant and Community Development Block Grant rehabilitation program funds are available and may be used to meet the match requirement; and WHEREAS , the Common Council of the City of Janesville finds it is in the best interest of the community to facilitate these preservation activities. NOW, THEREFORE BE IT RESOLVED by the Common Council of the City of Janesville that it authorizes and directs the City Manager to participate in a cooperative agreement for an application to the U. S. Department of Housing and Urban Development, including all certifications and that the City Manager is authorized to act in connection with the application and to provide such additional information as may be required and to administer the program in accordance with all applicable State and Federal regulations. BE IT FURTHER RESOLVED, that Community Development Block Grant Program Revolving Loan funds are hereby committed to meet the minimum match requirement of 10% of the City’s share of the Lead Hazard Control Grant funding. BE IT FURTHER RESOLVED, that the City Manager, and his designees, are hereby authorized to negotiate, draft, prepare, execute, file and modify such other documents, papers and agreements ancillary and/or pertaining thereto and, from time to time, to take and/or make whatever other minor actions and/or minor modifications to the above described agreements as the City Manager and/or his designee may deem necessary and/or desirable to effectuate the purposes of such agreements and the intent of this resolution. ADOPTED: Motion by: Second by: APPROVED: CouncilmemberAyeNayPassAbsent Brunner Dongarra-Adams Eric J. Levitt, City Manager Liebert McDonald ATTEST: Rashkin Steeber Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Community Development Authority Prepared by: Neighborhood Services Director Economic Development Department Memorandum May 23, 2011 TO: City Council FROM: Vic Grassman, Economic Development Director SUBJECT: Action on a Proposed Resolution Authorizing the Dissolution of Tax Increment Finance District No. 14 and the Distribution of Excess Tax Increment Revenue funds (File Resolution 2011-808) Summary Wisconsin’s Tax Increment Finance (TIF) Law (Wisconsin statues 66.1105) requires the dissolution of a TIF district when all of the TIF costs have been recovered, or no later than 27 years after the date of creation. The City Council created TIF #14 in 1994 to facilitate the development of Janesville’s east side business park, and all TIF costs have been recovered. Background TIF #14 was created by the City Council in 1994 to facilitate the development of a business park on Janesville’s east side. A number of businesses subsequently benefitted including GHB Specialty Brands (Grainger), Gallina, BJ Electric, Bliss Communications and others. Over the life of the TIF Distinct the City invested over $4.2 million in capital expenditures, compared to a Project Plan budget of $4.9 million. Administrative costs were $102,071 compared to the original budget of $98,120. Since creation the TIF District has generated $5,249,343 in new property taxes and $23,483 in interest income. The taxable values of the District increased $23,057,500 from a base value of $26,213,900 in 1995 to $49,271,400 in 2010. Financial Summary The attached table summarizes the revenues and expenditures for TIF No. 14 from the date of creation through May 31, 2011. TIF revenues exceeded TIF costs by $1,666,115. These funds will be returned to the overlying taxing jurisdictions in the same percentage as those jurisdictions contributed to TIF revenues. The amount of TIF funds to be returned to each taxing jurisdiction is as follows: County of Rock: $ 412,345 Janesville School District: 648,167 Blackhawk Technical College 120,857 City of Janesville 427,121 Janesville Public Library 57,625 Total Excess Funds $1,666,115 Recommendation The Economic Development Director recommends that the Council adopt Resolution 2011-808, dissolving Tax Increment Finance District No.14. City Manager Recommendation The City Manager concurs with the Economic Development Director recommendation. This demonstrates positive results from the establishment of TIF #14 with an increase of over 85% in property value since the establishment of the TIF. Attachments: Resolution 2011-808 TIF 14 map TIF 14 Sources and Uses Statement RESOLUTION NO 2011 - 808 A RESOLUTION TERMINATING, DISSOLVING, AND DE-CERTIFYING TIF DISTRICT No. 14 AND AUTHORIZING THE CITY CLERK-TREASURER TO DISTRIBUTE EXCESS INCREMENT TO OVERLYING TAXING DISTRICTS WHEREAS , the City of Janesville adopted Resolution No. 94-1855 creating Tax Incremental District No. 14 on the 21 day of November, 1994, and adopted a project plan for the district that year; and WHEREAS , Wis. Stats. Sec. 66.1105(7) requires the termination and dissolution of created TIF districts upon the expiration of the life of the district and/or the happening of one or more events enumerated in the applicable Wisconsin statutes; and WHEREAS , TIF District No. 14 has reached the end of its lawful effectiveness and life; and WHEREAS , all TIF District No. 14 expenditures and projects were completed in the prescribed allowed time; and WHEREAS , sufficient positive tax increments on new property value created within the district have been collected through and including as of the 2010 tax roll, payable 2011, to pay in full all TIF District No. 14 project costs, and to escrow funds to repay the District’s remaining outstanding debt, if any, and that then any remaining excess funds from TIF No. 14 held by the City of Janesville shall be proportionally distributed to each affected, contributing taxing that paid into the District during its life, with proportionate shares preliminarily jurisdictions calculated as follows: County of Rock: $412,345 Janesville School District: $648,167 Blackhawk Technical College $120,857 City of Janesville $427,121 Janesville Public Library $ 57,625 Total Excess Funds $1,666,115 NOW BE IT HEREBY RESOLVED that the Common Council of the City of Janesville do hereby terminate, dissolve, and decertify TIF District No. 14, effective forthwith; and BE IT FURTHER RESOLVED , that the City Clerk-Treasurer shall notify the Wisconsin Department of Revenue, within sixty (60) days of the adoption of this resolution that TIF District No. 14 has been terminated and dissolved, in accord with state law; and BE IT FURTHER RESOLVED , that the City Clerk-Treasurer shall sign the required Wisconsin Department of Revenue final accounting form agreeing on a date by which the City of Janesville shall send final audited information to the Wisconsin Department of Revenue; and BE IT FURTHER RESOLVED , that the City Clerk-Treasurer shall distribute any excess increment collected, after providing for ongoing expenses of the District, to the affected taxing districts that paid into the District during its life, with proportionate shares to be as preliminarily set forth above and then determined by the final audit by the City’s Comptroller and/or Auditors. ADOPTED: _____________________________ Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner ______________________________________ Dongarra-Adams Eric J. Levitt, City Manager Liebert McDonald Rashkin ATTEST: Steeber Voskuil ______________________________________ Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: ______________________________________ Wald Klimczyk, City Attorney Proposed by: Economic Development Director Prepared by: City Attorney Ì×Ú Ü·¬®·½¬ ïì Ý·¬§ ±º Ö¿²»ª·´´»ô É·½±²·² n Ý·¬§ ±º Ì×Ú ïì Ô»¹»²¼ Ö¿²»ª·´´» Û½±²±³·½ Ü»ª»´±°³»²¬ Ê·½ Ù®¿³¿²ô Ü·®»½¬±® Ì×Ú ïì Þ±«²¼¿®§ øêðè÷ éëëóíïèï Ú»»¬ ¸¬¬°æññ©©©ò¹®±©¶¿²»ª·´´»ò½±³ ðëððïôððð Ì×Ú ïì Ð®±°»®¬·» Ý®»¿¬»¼ èñîñîðïð ó Õ Þ»²¦ô Ð´¿²²·²¹ Í»®ª·½» CITY OF JANESVILLE TAX INCREMENTAL DISTRICT NO. 14 HISTORICAL SUMMARY OF PROJECT COSTS, PROJECT REVENUES AND NET COST TO BE RECOVERED THROUGH TAX INCREMENTS Through May 31, 2011 and From Date of Creation Through May 31 2011 YearFrom Date BudgetEndedof Creation PROJECT COSTS Capital Expenditures:$4,900,763$0$4,201,872 Administration55,5003,951102,071 Refund to overlying districts01,666,1151,666,115 Interest and fiscal charges01,185,448 Interfund Borrowing0198,644 Issuance Expenses014,187 Total Costs$4,956,263$1,670,066$7,368,337 PROJECT REVENUES Tax increments$566,896$5,249,343 Guarantee Payments0176,210 Interest income43523,483 Computer Exemption Increment57,8781,645,092 Sale of Property and other revenues0274,209 Total Revenues$625,209$7,368,337 NET COST RECOVERABLE THROUGH TIF INCREMENTS - May 31, 2011$1,044,857($0) 1995 Base2010 ValueValue Increment TIF Value History $ 26,213,900$ 49,271,400$ 23,057,500 Note: In setting the equalized value of TIF No. 14 for 2008, the Dept. of Revenue made an error and overstated value by $13,000,000. The error will be corrected in 2009 by lowering value a corresponding amount. DIVISION OF PUBLIC WORKS MEMORANDUM May 13, 2011 TO: City Council FROM: Daniel L. Lynch, Utility Director SUBJECT: Action on a Proposed Resolution Acknowledging Review of the Wastewater Utility 2010 Compliance Maintenance Annual Report (File Res. 2011-807) Summary All cities, villages, and sanitary districts in the State of Wisconsin that operate wastewater treatment facilities must prepare and submit Compliance Maintenance Annual Reports (CMAR) to the Wisconsin Department of Natural Resources (WDNR). These reports evaluate the overall condition of a community’s treatment facility and may be used as a basis to recommend or require corrective actions to deficient facilities. Department Recommendation The Wastewater Utility staff prepared this report and recommends that the City Council adopt the proposed resolution. Manager’s Recommendation The City Manager concurs with the Wastewater Utility recommendation. Suggest Motion Move to adopt Resolution Number 2011-807 acknowledging the Common Council’s review of the 2010 Compliance Maintenance Annual Report. Analysis The WDNR developed the CMAR Program to provide a uniform method to measure the overall condition of Wisconsin’s treatment facilities. The grading scale is similar to those used in many high schools and colleges. It is based on a 0.00 to 4.00 point scale with the final number converted to a letter grade (A through F). When communities receive low grades the WDNR can require those communities to improve their treatment facilities. Grade Corrective Actions Additional Actions A or B Voluntary None C Recommended Response to WNDR outlining community action to correct D or F Required deficiency. The City of Janesville received an A/B for the 2010 report. The higher than normal groundwater caused by the 2008 flooding and present through 2009 remained higher than normal in 2010. The high groundwater contributes to higher infiltration of groundwater into the sanitary sewer system causing the flow through the Wastewater Treatment Plant to also be higher than it would be in a normal year. This higher than normal flow caused the Influent Loading category to lose points and receive a grade of B in the CMAR evaluation. The nine other categories used by the WDNR to evaluate the collection and treatment of wastewater within the City of Janesville all received a grade of A. A second part of this process requires the passage of a supporting resolution by the City Council. This resolution (No. 2011-807) indicates that the Council has reviewed the Compliance Maintenance Annual Report. The resolution is similar to those used in past years and has been reviewed by the City Attorney. cc: Eric Levitt, City Manager Jay Winzenz, Director of Administrative Services Wald Klimczyk, City Attorney RESOLUTION NO. 2011-807 A Resolution acknowledging the Common Council’s review of the Compliance Maintenance Annual Report of the Wastewater Treatment Plant. WHEREAS, the City of Janesville is required by State regulation to annually prepare a Compliance Maintenance Report that describes the physical conditions and performance of the City’s wastewater treatment and collection facilities; and, WHEREAS, as part of the report preparation process, the Department of Natural Resources of the State of Wisconsin (WDNR) requires the Common Council to adopt a resolution acknowledging that it has reviewed the Compliance Maintenance Report; and, WHEREAS, the Utility Director has submitted the Compliance Maintenance Annual Report of the City of Janesville Wastewater Treatment Plant, dated May 23, 2011, to the Common Council for their review. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville that they have reviewed the aforementioned Compliance Maintenance Annual Report and find that no action by the Common Council is necessary at this time to maintain compliance with current effluent limitations. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Dongarra-Adams Eric J. Levitt, City Manager Liebert McDonald ATTEST: Rashkin Steeber Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Utility Director Prepared by: Utility Director DIVISION OF PUBLIC WORKS MEMORANDUM May 13, 2011 TO: City Council FROM: Daniel L. Lynch, Utility Director SUBJECT: Introduction and Schedule a Public Hearing on a Proposed Ordinance Amending the City’s Wastewater Facility and Sewer Use Ordinance in Order to Adjust Hauled Waste Service Charges as Set Forth in Chapter 13.18 of the Code of Ordinances of the City of Janesville (File Ord. 2011-486) Summary The City of Janesville Wastewater Treatment Plant (WWTP) regularly receives bulk waste delivered to it by liquid tanker trucks. This liquid waste material is typically domestic waste from residential septic or holding tanks, but sometimes commercial or industrial facilities also generate liquid wastes that need to be properly disposed of. The Wisconsin Department of Natural Resources generally requires municipalities which have accepted State of Wisconsin low interest loans for wastewater collection or treatment plant projects to accept these bulk liquid wastes unless there is a specific reason to reject the waste. Department Recommendation The Administrative Services Department and Wastewater Utility recommend that following the first reading of Ordinance No. 2011-486 to amend the hauled waste service charges, a public hearing be scheduled on June 13, 2011. Manager’s Recommendation The City Manager concurs with the recommendation of the Administrative Services Division and the Wastewater Utility. Suggest Motion Move to introduce File Ordinance 2011-486 and schedule a public hearing on June 13, 2011. Analysis The bulk waste rates charges levied under this program are established by ordinance (Ch 13.18.050—Hauled Waste Service Charge). These charges are intended to recoup the costs incurred by the Wastewater Utility for treating wastewater delivered by truck to the treatment plant. This wastewater delivered to the treatment plant generally comes from septic or holding tanks located on rural properties outside the City of Janesville. In 2010 when the general wastewater rates were increased to reflect the anticipated construction costs of the treatment plant upgrade and expansion, these bulk waste rates were not adjusted. This ordinance is intended to correct that oversight and establish new bulk waste rates more in line with the costs incurred by the Wastewater Utility to treat these bulk wastes. The bulk waste program receives approximately 900 trucks per year which carry about a million gallons of septage and a half million gallons of holding tank waste per year. Including maintenance, staff and capital repayment costs the Utility expects to spend approximately $52,000 to $55,000 per year. The bulk waste program generated about $35,000 in revenue in 2010 using the current bulk waste rates. Using the proposed rates this program would have generated approximately $57,000. The following table illustrates the information in the above paragraph. 2010 Bulk Waste Liquid Waste Current Rates Proposed Rates Program Received (Gallons) $30 Septage $50 Septage $7.50 Holding $9.50 Holding Septage 971,980 $29,160 $48,599 Holding 521,700 3,913 4,956 Other/Misc 62,250** 750 2,250 Annual Fee * 450 Totals 1,555,930 $33,823 $56,255 * Administrative fee is only issued on initial application ** 62,250 equals 75 loads and the current charge is $10.00 per load. Staff is recommending this be increased to $30.00 per load. Twenty-two Wisconsin municipalities were surveyed regarding their acceptance of and fees charges for liquid waste. Seventeen of those communities accept septage and holding tank waste. The average charge for those seventeen communities was $49.43 per thousand gallons for septage and $9.11 per thousand gallons for holding tank waste. The largest community not accepting septage was less than half the size of Janesville the other four were much smaller. (Smaller plants are more susceptible to operational upsets to their treatment process.) Charges under this program are intended to generate sufficient funds to allow this program to operate without subsidy by other customers of the Janesville Wastewater Utility. The proposed rate adjustment will allow this to happen. The proposed rates also need to be reasonable and appear to meet that test as evidenced by their similarity to other communities. cc: Eric Levitt, City Manager Jay Winzenz, Director of Administrative Services Wald Klimczyk, City Attorney ORDINANCE NO. 2011-486 An Ordinance Amending the City’s Wastewater Facility and Sewer Use Ordinance in Order to Adjust Hauled Waste Service Charges, as Set Forth in Chapter 13.16 of the Code of Ordinances of the City of Janesville THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Section 13.18.050 B.1. (“Application Fee”) of the Code of General Ordinances of the City of Janesville is hereby amended as follows: 1.Application Fee. To defray annual program administration costs, a non-refundable fee of $50.00 shall be paid by the applying licensed hauler at the time of the application. Once the application is approved by the Director, the licensed hauler will be authorized to discharge residential septage and/or holding tank waste at the treatment plant for a period of one year. All other liquid wastes require a separate specific approval of the Director prior to their discharge. A new application and $50.00 non-refundable fee must be submitted each year. SECTION II. Section 13.16.050 B.2. (“Septage”) of the Code of General Ordinances of the City of Janesville is hereby amended as follows: 2.Septage. For each 1,000 gallons or portion thereof of typical strength septage (less than 7,000 mg/L BOD and /or 15,000 mg/L SS) there shall be a charge of $50.00. If analytical testing determines the strength of the septage to be higher than typical values as indicated above, an additional charge shall be levied, based upon the unit charges as indicated in Section 13.18.040 above, and upon the increased pounds of BOD and /or SS over and above the typical strengths as stated in this paragraph. SECTION III. Section 13.16.060 B.3. (“Holding Tank Wastes”) of the Code of General Ordinances of the City of Janesville is hereby amended as follows: 3.Holding Tank Wastes. For each 1,000 gallons or portion thereof of typical strength holding tank waste (less than 600 mg/L BOD and /or 1,800 mg/L SS) there shall be a charge of $9.50. If analytical testing determines the strength of the septage to be higher than typical values as indicated above, an additional charge shall be levied, based upon the unit charges as indicated in Section 13.18.040 above, and upon the increased pounds of BOD and /or SS over and above the typical strengths as stated in this paragraph. st SECTION IV. This ordinance and the above rates shall take effect on the 1 day of July 2011. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Dongarra-Adams Eric J. Levitt, City Manager Liebert McDonald ATTEST: Rashkin Steeber Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Utility Director Prepared by: Utility Director Community Development Department Memorandum Date: May 23, 2011 TO: Janesville City Council FROM: Brad Schmidt, AICP, Associate Planner SUBJECT: Introduce, refer to Plan Commission and schedule a public hearing on a proposed ordinance rezoning property located at 1220 W Court Street from O1 to B2 (File Ordinance No. 2011-485) _____________________________________________________________________ Robert Kerman has submitted a request to rezone property located at 1220 W Court Street from O1, Office/Residence District to B2, Community Shopping District. The subject property is currently developed and includes an existing building with office and cold storage space. The building has most recently been occupied by JVL Net for its office operations. A new tenant wishes to use the building to sell various items, primarily home furnishings. Since a retail use is not permitted within the O1 District, the property must be rezoned to a zoning classification consistent with the proposed use. Retail is a permitted use in the B2 District. The Planning Department recommends that following the first reading of Ordinance No. 2011-485, it be referred to the Plan Commission for review and recommendation and then scheduled for public hearing on 11 July 2011. cc: Eric Levitt Jay Winzenz ORDINANCE NO. 2011-485 An ordinance changing the zoning classification of property located at 1220 W Court Street from O1 to B2, with a penalty and injunctive relief for a violation thereof as set forth in Section 18.28.010 of the Code of General Ordinances of the City of Janesville. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. The zoning classification of the following described property is hereby changed from O1, Office/Residence District to B2, Community Shopping District. th Property within the NE 1/4 of section 35, all in T.3N., R.12E. of the 4 P.M., City of Janesville, Rock County, Wisconsin Described as follows: lots 78, 79, 80, 81 and south 4 feet lot 82 of Mitchell’s second addition to the city of Janesville, Rock county, Wisconsin. also including portions of adjoining right-of-way, described as follows: commencing at the northeast corner of said lot 81, northerly along right-of-way of north terrace street, 4 feet, more or less; thence easterly and perpendicular to said right-of-way to the centerline of north terrace street; thence southerly along said centerline to the intersection of the centerline of west court street; thence westerly along said centerline to the intersection of the centerline of north pearl street; thence northerly along said centerline to a point perpendicular to the northwest corner lot 78; thence easterly and perpendicular to the centerline of north pearl street to the northwest corner lot 78; thence southerly to the southwest corner lot 78; thence easterly to the southeast corner lot 81; thence northerly to the point of beginning. Containing an area of 1.3 acres. SECTION II. This ordinance shall take effect immediately upon adoption by the Common Council, the public health, welfare, peace, tranquility, good order, public benefit, and police power so requiring. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Eric J. Levitt, City Manager Dongarra-Adams Liebert ATTEST: McDonald Rashkin Jean Ann Wulf, City Clerk-Treasurer Steeber Voskuil APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Applicant Prepared by: Community Development Department Îí Îî Îí Îî Óí Ñï Ñï Þí ïîîð Éò Ý±«®¬ Þí Óì Óì Óî Þí Óí Óí q Í«¾¶»½¬ Í·¬»Æ±²·²¹ Þ±«²¼¿®§ Ô»¹»²¼ Îï Í·²¹´»óÚ¿³·´§ ú Ì©± Ú¿³·´§ Î»·¼»²½» Ü·¬®·½¬ Ñí Ò»·¹¸¾±®¸±±¼ Ñºº·½» Ü·¬®·½¬ Óï Ô·¹¸¬ ×²¼«¬®·¿´ Ü·¬®·½¬ ÎïÜ Ì©± Ú¿³·´§ Î»·¼»²½» Ü·¬®·½¬ Þï Ò»·¹¸¾±®¸±±¼ Ý±²ª»²·»²½» Ü·¬®·½¬Óî Ù»²»®¿´ ×²¼«¬®·¿´ Ü·¬®·½¬ Îî Ô·³·¬»¼ Ù»²»®¿´ Î»·¼»²½» Ü·¬®·½¬ Þî Ý±³³«²·¬§ Í¸±°°·²¹ Ü·¬®·½¬Óí Ý»²¬®¿´ Ô·¹¸¬ ×²¼«¬®·¿´ Ü·¬®·½¬ Îí Ù»²»®¿´ Î»·¼»²½» Ü·¬®·½¬ Þí Ù»²»®¿´ Ý±³³»®½·¿´ Ü·¬®·½¬Óì Ý»²¬®¿´ Ù»²»®¿´ ×²¼«¬®·¿´ Ü·¬®·½¬ Ü¿¬»æ ëñïíñïï ÎíÓ Ó»¼·«³ Ü»²·¬§ Î»·¼»²½» Ü·¬®·½¬ Þì Þ«·²» Ø·¹¸©¿§ Ü·¬®·½¬ß ß¹®·½«´³¬«®¿´ Ü·¬®·½¬ Îì Ý»²¬®¿´ Î»·¼»²½» Ü·¬®·½¬ Í½¿´»æ ïþã îððù Þë Ý»²¬®¿´ Þ««·²» Ü·¬®·½¬ Ó Ó·²·²¹ Ü·¬®·½¬ Ñï Ñºº·½» ñ Î»·¼»²½» Ü·¬®·½¬ Þê Ý»²¬®¿´ Í»®ª·½» Ü·¬®·½¬ Ý Ý±²»®ª¿²½§ Ü·¬®·½¬ Ó¿° Ý±±®¼·²¿¬»æ Õóïë Ñî Ý»²¬®¿´ Ñºº·½» ñ Î»·¼»½» Ü·¬®·½¬ ÞÌ Þ«·²» Ì»½¸²±´±¹§ Ü·¬®·½¬ ÔÑÝßÌ×ÑÒ ñ ÆÑÒ×ÒÙ ÓßÐ Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ ÓßÐ ï ÎÛÆÑÒ×ÒÙ ÑÚ ïîîð Éò ÝÑËÎÌ ÍÌÎÛÛÌ ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ ÍæÐ®±¶»½¬ÄÐ´¿²²·²¹ÄÝ¿»ÄÝ¿»óîðïïÄÕóïëÁÎ»¦±²»ÁïîîðóÉóÝ±«®¬