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Full Agenda Packet CITY OF JANESVILLE CITY COUNCIL MEETING AGENDA MONDAY, July 11, 2011 7:00 P.M. 1. Call to Order and Pledge of Allegiance. 2. Roll Call. 3. Regular City Council meeting minutes of June 27, 2011. “C” 4. Licenses; and Recommendations of the Alcohol License Advisory Committee. (Refer to separate agenda.) “C” 5. Motion to approve final Certified Survey Map #11005-C, Kwik Trip, 1 lot along USH 51. “C” 6. Tim Cullen Internship Program students. OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. 2. Second reading, public hearing and action on a proposed ordinance rezoning property located at 1220 West Court Street from O1 to B2. (File Ord. No. 2011-485) 3. Second reading, public hearing and action on a proposed ordinance deleting and recreating electoral ward boundaries. (File Ord. No. 2011-492) 4. Action on a proposed resolution assigning wards to polling places. (File Res. No. 2011-818) 5. Second reading, public hearing and action on a proposed ordinance repealing the current “ward supervisors” ordinance 2.08.080 concerning members-elect of the Rock County Board. (File Ord. No. 2011-483) 6. Action on proposed revised Council Policy Statement #88 on City Council and Commissions Code of Conduct. ----------------------- “C” – This designation indicates an item that the City Council will take up under a Consent Agenda. City Council Agenda – July 11, 2011 Page 2 NEW BUSINESS 1. Discussion and possible action on extending Rockport Pool for two additional hours and extending the Wading Pools for two additional hours. 2. Authorize to allow the Janesville Questers submit a grant application for restoration of doors for the Tallman House. 3. Award of contract 2011-13 (Tallman House roof, soffit & chimney historic restorations) for Public Works Bid Schedule C-2011. 4. Action on a proposed resolution authorizing the sale of land to Wisconsin Department of Transportation (WisDOT) to accommodate the State Highway 26 Corridor Expansion Project (North Wright Road overpass). (File Res. No. 2011-820) 5. Action on Council President recommended citizen appointment to the Historic Commission. 6. Introduce a proposed project plan for Tax Increment Finance District No. 35, land located at the southwest corner of STH 11 and Beloit Avenue, and refer to Plan Commission for a public hearing. (File Res. No. 2011-816) 7. Introduce and schedule a public hearing on a proposed ordinance prohibiting the possession of any firearm in any City building or structure except as allowed by law for sworn law enforcement and peace officers, with penalties for violations thereof as set forth in JGO. (File Ord. No. 2011-493) 8. Requests and comments from the public on matters which can be affected by Council action. 9. Matters not on the Agenda. 10. Consideration of a motion to convene into closed session pursuant to Wisconsin Statute Section 19.85 (1) (c), for the purpose of considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility. This is the annual evaluation of the City Manager’s performance for the previous year. 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 JUNE 27, 2011 VOL. 62 NO. 8 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on June 27, 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 special City Council meeting of June 7, 2011. Minutes of the regular City Council meeting of June 13, 2011. Licenses; and Recommendations of the Alcohol License Advisory Committee. (Refer to separate agenda.) Motion to approve final Certified Survey Map #11002-C, Marklein and Bever, 1 lot on Sandhill Drive. Financial statement for the month of May, 2011. Authorize the Police Department to apply for the 2011 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. Council President Brunner stated that the items on the consent agenda would be approved if there were no objections. There were none. Council President Brunner changed the order of #8 & #9. Special recognition: Action on a proposed resolution in commendation of Melvin R. Walker’s eleven and one-half years of service to the City of Janesville. Councilmember Steeber moved to adopt said resolution seconded by Councilmember Rashkin and passed unanimously. (File Res. No. 2011-819) Review and accept 2010 Comprehensive Annual Financial Report (CAFR). Councilmember Steeber moved to accept the CAFR, seconded by Councilmember Liebert and was accepted unanimously. OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. Tom Jones, representing Rivers Edge Bowl, spoke in favor of option #3 for the River St. reconstruction (NB #4). Bill Isermann, representing Agrecol, spoke in favor of the bike trail extension (NB#1) and donated $10,000 of in-kind for native plants and seeds for use by the Parks Department. Bill Graham, representing the Graham Martin Foundation, donated $10,000 for the bike trail extension (NB #1). Dean Paynter, representing the Rock Trail Coalition, spoke in favor of the bike trail extension (NB #1). Frank Perrotto, 4512 E Milwaukee St., spoke against converting Milwaukee St. to a two way street (NB #3) and spoke in favor of a code of ethics (NB #8). Neil Deupree, representing Friends of Rockport Park, spoke in favor of the bike trail extension (NB #1) and suggested that the ethics policy (NB#8) limit Councilmembers to five minutes to speak on agenda items. Kay Deupree, 419 S. Franklin St., spoke in favor of River St. reconstruction (NB #4). Jim Alverson, 225 Pease Ct., Jackie Wood, 119 S. Wisconsin St. and Ben Shult and Karl Dommershausen, both representing the Downtown Development Alliance, spoke in favor of converting Milwaukee Street to a two way street (NB #3). Mick Gilbertson, 3400 N. Edgewood Dr., and Al Lembrich, 541 Miller Ave., spoke against converting Milwaukee St. into a two way street. K. Andreah Briarmoon, 339 S. Locust St., spoke against the Ward Supervisors ordinance change (NB #9). 2. A proposed ordinance rezoning a portion of property located at 3400 County Highway F (Rock County Institutional Complex) from M1 to O1 received its second reading and public hearing. Sherry Gunderson, representing Rock Haven, spoke in favor of rezoning the property. The public hearing was closed. Councilmember Steeber moved to adopt said ordinance, seconded by Councilmember Liebert and passed unanimously. (File Ord. No. 2011-481) 3. A proposed ordinance rezoning property located at the southwest corner of Sandhill Dr. and N. Wright Rd. from R1 and R3 to O1received its second reading and public hearing. Marcia Wingington, representing Hospice Care, and Doug Marklien, 3919 Dorchester Dr., spoke in favor of rezoning the property. The public hearing was closed. Councilmember Steeber moved to adopt said ordinance, seconded by Councilmember Dongarra-Adams and passed unanimously. (File Ord. No. 2011-484) NEW BUSINESS 1. Action on a proposed resolution approving the acquisition of abandoned railroad grade from Mr. Mike Morris for bike trail purposes as an extension of the Peace Trail. Councilmember McDonald moved to adopt said resolution, seconded by Councilmember Steeber. Councilmember Steeber offered a friendly amendment to change the funding to $10,000 from the Graham-Martin Foundation Inc., $10,000 from the Rock Trail Coalition and $25,000 from the Parkland Acquisition Fund. The friendly amendment was accepted by the maker. The motion, as amended, passed unanimously. (File Res. No. 2011-817) 2. Action on transfer of $13,000 from TIF IX funding to DDA for façade improvement project. Councilmember McDonald moved to approve the funding transfer, seconded by Councilmember Steeber and passed unanimously. 3. Presentation and action on alternatives to Milwaukee St. and Court St. two-way traffic conversion. Councilmember Rashkin moved to convert Milwaukee St. from Main St. to midblock between Locust St. and the Five Points Intersection to two-way when the street is programmed for resurfacing or reconstruction. The motion was seconded by Councilmember Steeber and passed unanimously. 4. Review and approve proposed plans for reconstruction of River St. from W. Racine St. to W. Court St. Councilmember Rashkin moved to approve the plans for the reconstruction of River St. from W. Racine St. to W. Court St. as presented and including Option 3 for parking alignment, seconded by Councilmember Steeber and passed unanimously. 5. Authorize City Manager to enter into a mutual cooperation agreement between the City of Janesville and the City of Beloit for the Neighborhood Stabilization 3 Program. Councilmember Steeber moved to authorize said agreement, seconded by Councilmember Dongarra-Adams, and passed unanimously. 6. Action on a proposed resolution authorizing the City Manager to enter into a developers agreement with Wisconsin Partnership for Housing Development for the Neighborhood Stabilization 3 Program. Councilmember McDonald moved to adopt said resolution, seconded by Councilmember Voskuil, and passed unanimously. (File Res. No. 2011-813) 7. Authorize City Manager to proceed with improvements to the public safety radio system. Councilmember Steeber moved to authorize said improvements with the intent to include up to $800,000 in future note issues, seconded by Councilmember Liebert and passed unanimously. 8. Action on proposed Council Policy Statement #88 on Code of Ethics and Conduct. Councilmember Rashkin moved to create a Council Committee to review and present a policy to the Council, seconded by Councilmember Liebert. The maker and seconder withdrew the motion. Councilmember McDonald left the Council Chambers at 11:12 p.m. By consensus the Council provided direction to the Administration to revise the policy and bring it back for Council Action. Councilmember McDonald returned to the Council Chambers at 11:15 p.m. 9. A proposed ordinance repealing the current “ward supervisors” ordinance 2.08.080 concerning members-elect of the Rock County Board was introduced and scheduled for a public hearing on July 11, 2011. (File Ord. No. 2011-483) 10. A proposed ordinance deleting and recreating electoral ward boundaries was introduced and scheduled for a public hearing on July 11, 2011. (File Ord. No. 2011-492) 11. Requests and comments from the public on matters which can be affected by Council action. William Hein, 1128 Grand Ave. and Arlene Hensley, Footville, asked that the Council extend the hours at Rockport Pool. Councilmembers Steeber and Rashkin sponsored an agenda item to discuss pool hours at the July 11, 2011 Council meeting. Andreah Briarmoon, 339 S. Locust St., asked the Council to engage citizens on ways to save money. 12. Matters not on the Agenda. Councilmembers Liebert and Rashkin asked that an ordinance on concealed carry be brought to the council on July 11, 2011. Councilmember McDonald asked the Administration of the status of: the design of the Ice Arena; the financial policies discussed at the April 27, 2011 study session and; asked if the flashing lights by the schools be turned off in the summer. City Manager Levitt stated that an Ice Arena design should be completed by this fall, financial policies will be brought to the Council in August, and that staff will investigate flashing lights by schools. Councilmember Rashkin stated that there are food pantry and shelter resources available on his website. Councilmember Voskuil stated that community resources are available on the City website, and requested that the Administration contact the owner of that the flag on the cell tower near the interstate because it is in disrepair. Council President Brunner asked if the conditional use permit changes that Sneakers Bar has requested will come to the Council for action. City Manager Levitt indicated that staff will review the item and provide Council an answer. 13. Councilmember Liebert moved to convene into closed session, pursuant to Wisconsin Statute Section 19.85(1)(e), for the purpose of deliberating and setting the negotiation and bargaining strategies, terms, and conditions for a potential industrial development agreement within a half mile of TIF #26, seconded by Councilmember Steeber and passed unanimously. There being no further business, Council convened into closed session at 11:43 p.m. These minutes are not official until approved by the City Council. David T. Godek Deputy Clerk-Treasurer JANESVILLE CITY COUNCIL LICENSE AGENDA 7/11/2011 RECOMMENDED A. ELECTRICIANS–ORIGINAL Scott Schabow 429 N. Jackson St. B. SECONDHAND JEWELRY DEALER–ORIGINAL th SGB Holdings, LLC 485 E. 17 St., Suite 500., Costa Mesa, CA Ryan R. Knott C. MASSAGE TECHNICIAN–RENEWAL Healthful Healing 174 Garden Dr. Sally A. Dopkins D. ORIGINAL CLASS B INTOXICATING LIQUOR AND FERMENTED MALT BEVERAGE LICENSE Pho Khan Restaurant, LLC d/b/a Pho Khan Restaurant Kiet C. Duong 1917 Center Ave. Community Development Department Memorandum July 11, 2011 TO: Janesville City Council FROM: Duane Cherek, Planning Services Manager SUBJECT: Final CSM 11005-C, Kwik Trip, Inc., 1 Lot along USH 51. SUMMARY Kwik Trip, Inc. has requested the approval of a one-lot certified survey map located at the southeast corner of USH 51 and STH 11. The subject property was annexed to the City in December 2009 and zoned B4 – Business Highway District. The applicant proposes to consolidate multiple parcels of land under their ownership into one lot. Kwik Trip intends to pursue redevelopment of the site and has submitted plans for construction of a new gas station and convenience store at this time. Recording the CSM is a necessary component of any future redevelopment of the property which the applicant is addressing with this action. DEPARTMENT RECOMMENDATION The Plan Commission and Community Development Department recommend that the City Council support a motion to approve Final CSM 11005-C. CITY MANAGER RECOMMENDATION The City Manager concurs with the recommendation. SUGGESTED MOTION A motion to approve Final CSM 11005-C subject to the following conditions: 1. Payment of special assessments for storm sewer ($23,629.37) and street light ($5,385.60) improvements as calculated by the City Engineering Department. 2. Payment of any outstanding special assessments including taxes owed (the applicant should contact the City Clerk’s Office regarding this item). ANALYSIS A. The certified survey will combine a previously platted lot with other parcels of land recently acquired by the applicant. The survey area contains 3.43 acres of land and is zoned B4. Existing structures located on the property include the Kwik Trip convenience store and gas pump canopy. The survey dedicates right-of-way along the State Highway 11 frontage of the lot. B. Access is currently restricted to the two existing driveway openings along the USH 51 frontage of the subject property. Because STH 11 is also a controlled access highway under the jurisdiction of the Wisconsin Department of Transportation (WisDOT), the applicant will be required to obtain an access permit from WisDOT to allow for a connection to STH 11. The survey includes a note to that affect. C. The survey complies with the requirements of the City’s Subdivision and Zoning Ordinance. D. The final survey includes all existing utility easements and additional utility easements as requested by the utility companies having rights to serve the area. A sanitary sewer and water easement has also be placed on the survey to reflect the location of existing mains that were extended to serve the property with public utility services in 2004. E. The property owner has requested that the Plan Commission release the existing 10-foot utility easement extending east from STH 11 to the westerly property line. As a condition of survey approval, staff has indicated that an “Easement Release” note be reflected on the final CSM. F. Sidewalks are planned for the STH 11 and USH 51 frontages of Lot 1. A note regarding the future installation of sidewalk improvements is included on the survey. G. Under current special assessment policy, the survey will be subject to payment of special assessments for street light and storm sewer improvements, as calculated by the City Engineering Department. H. The applicant should contact the City Clerk’s Office regarding any outstanding taxes, special assessments, or other fees which must be paid. PLAN COMMISSION ACTION – JUNE 6, 2011 The Plan Commission unanimously agreed to forward Final CSM 11005-C to the City Council with a favorable recommendation subject to the conditions listed in the “Suggested Motion” section above. cc: Eric Levitt Jay Winzenz CITY MANAGER’S OFFICE MEMORANDUM June 27, 2011 TO: City Council FROM: Rebecca Smith, Management Assistant SUBJECT: Tim Cullen Internship Program Students Each year the City hosts students from Craig and Parker High Schools participating in the Cullen Internship Program. These events are part of the internship program that is endowed by area resident, Senator Tim Cullen, which allows students to gain experience in local and state government. On July 11, four high school students and a teacher will meet with various staff members to learn about the role and functions of the City. Students will tour the wastewater treatment plant, sanitary landfill, and park system and will meet with staff from the City Manager’s Office, Police Department, Leisure Services, Community Development, and Public Works. Later that evening, students are scheduled to meet with Councilmembers during the Council’s Informal Listening Session. During the Listening Session, students will have an opportunity to ask questions, learn about Council meetings, and discuss some of the current issues affecting the Council and the community. Students will then attend the City Council meeting following the Informal Listening Session and will be asked by Council President Brunner to introduce themselves as well as share where they are interning before “Old Business”. CC: Eric Levitt, City Manager Jay Winzenz, Director of Administrative Services/Assistant City Manager 1 Community Development Department Memorandum Date: July 11, 2011 TO: Janesville City Council FROM: Brad Schmidt, AICP, Associate Planner SUBJECT: Second reading and public hearing on a proposed ordinance rezoning property located at 1220 West Court Street from O1 to B2 (File Ordinance No. 2011-485). _____________________________________________________________________ SUMMARY 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 with a building that provides 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 a portion of the building to sell various items, primarily home furnishings. Since use of the building for retail sales is not permitted within the O1 District, the property must be rezoned to a zoning classification consistent with the proposed use. The B2 District allows for the establishment of business uses involving general retail sales and service activities. DEPARTMENT RECOMMENDATION The Plan Commission and Community Development Department recommend that the City Council support a motion to adopt Ordinance No. 2011-485 rezoning property located at 1220 West Court Street from O1 to B2. CITY MANAGER RECOMMENDATION SUGGESTED MOTION A motion to adopt Ordinance No. 2011-485 rezoning property located at 1220 West Court Street from O1 to B2. ANALYSIS A. The subject property consists of a 0.78-acre parcel of land situated between Pearl Street and Terrace Street on West Court Street. The site is developed and includes an office building constructed in the 1950’s. The building is located on the northwest portion of the property and setback just a few feet from the north property line, adjacent to a single-family home. There are also six curb openings constructed along 3 street frontages adjoining this site. B. The building contains approximately 2,700 square feet of space devoted to office use and another 2,600 square feet of storage space. In order to conduct retail sales and establish a business use in this location, rezoning to a business district is required. The applicant has requested that the property be rezoned to the B2 District to accommodate this use. C. The subject property is currently zoned O1, Office/Residence District. The O1 zoning designation was applied in 1981 when the last City-wide remapping effort occurred, and the O1 District reflected the principle use of the property at that time. The property has primarily been used for office purposes in the past including Total TV, Inc., Electoralarm Security System and most recently JVL Net Internet Services. However, a new tenant proposes to use a portion of the building for purposes of establishing a resale shop and intends to sell various items, primarily home furnishings. D. The subject property is located between commercial, industrial, office, and residential zone districts and land uses along the West Court Street corridor. Properties west of the subject property are within the O1, Office/Residence District, and properties south and east of the subject property are within the B3, General Commercial District. Although these properties are within Office and Commercial zoning districts, the majority of the properties include low density residential uses. Low density residential is also located immediately north of the subject property as Map A shown on . E. In review of this request, it was apparent that properties south and east of the subject property are within the B3 zoning district. The applicant inquired about rezoning the subject property to the B3 District; however Staff did not find this property appropriate for a B3 zoning classification at this time. The City has not received a development proposal for this site. Without a proposal, Staff is concerned about allowing a potentially conflicting use eligible under the B3 District that could be problematic if developed on this property so close to residential uses to the north. For example, automotive repair, taverns and used car lots are permitted uses in the B3 District; they are not permitted in the B2 District. Map B F. The Future Land Use designation for this site is Planned Mixed Use (See ). The Planned Mixed Use category is designed to facilitate a carefully controlled blend of commercial, residential and office arrangement of uses. This land use category encourages a mix of land uses and provides for flexibility in layout. This type of flexibility is considered a key component for revitalization of existing commercial corridors like West Court Street. The Comprehensive Plan specifically identifies the B2, Community Shopping District as an appropriate zoning district for this Future Land Use category. G. It is not uncommon for the City to map a B2 District property along a commercial corridor such as being requested in this case. Areas along Center Avenue, West Court Street and Milton Avenue all have instances where there are B2 District properties mixed in with the more prevalent B3 District properties. H. Staff has not been contacted by any residents within or around the requested rezoning area at the time this report was written. I. Staff is recommending the Plan Commission support a motion to forward the requested rezoning of this property from O1 to B2 to the City Council with a favorable recommendation. The B2 District is an appropriate zoning district for this property because it is consistent with the Future Land Use designation and it would limit potentially conflicting land uses that may otherwise occur if more intense commercial zoning is applied on a site that immediately adjoins low density residential. PLAN COMMISSION ACTION – 20 JUNE 2011 Brad Schmidt, Associate Planner, presented the written staff report. Commissioner Marklein asked if Westgate Corridor Group had offered an opinion on this application. Cherek indicated that the required notices were sent to property owners within 400-feet of this development but that there hadn’t been any direct interaction with the Westgate Corridor Group. Commissioner Marklein asked, since the subject property was surrounded by B3, if it could be rezoned to B3 with a condition to prohibit certain uses. Cherek stated there are many residential properties within this area and staff had concerns about potential B3 uses that could be established by right without review if the property was rezoned to B3 simply because it was contiguous to this zone district. He said that staff believed the property should be zoned B2 and if an application for a proposed use warranting B3 zoning ever came forward, staff would then be able to evaluate impacts associated with that use. Commissioner Marklein asked if the applicant’s proposed use was permitted within the B2 District and Cherek confirmed that it was. The public hearing was opened and the following persons appeared to speak:  Carla Miller, 21 N. Terrace, spoke in opposition to the request. She stated that she and other property owners in the area had a lot invested into their homes and properties to make the neighborhood look nicer. She stated safety concerns due to the number of children in the neighborhood and extra traffic in and out of the site. She felt that the use would detract from her property value and that it wouldn’t do anything to improve the neighborhood.  Bryan Schnell, 121 N. Terrace, stated that from the standpoint of beautifying the neighborhood, he agreed with Ms. Miller’s comments. However, he indicated that he supported the rezoning as many businesses have been lost on that side of town and he felt that more business would give people a reason in the area. He commented that he didn’t want to see the building abandoned and eventually torn down. The public hearing was closed. Commissioner Werner asked if staff had looked into closing some of the curb openings to the site. Cherek stated that hadn’t been considered but that he didn’t believe all six curb openings were required. He continued that the City has the authority to require a property owner to discontinue or eliminate a curb opening if it is no longer being utilized and that he is aware of one opening that is not being utilized at this time. He stated that the proposed tenant will only occupy a portion of the building, that the rest of the building has been vacant for some time and it would be difficult to determine which curb cuts should be eliminated until staff knows that what type of uses will be proposed for rest of the building. Commissioner Werner asked if staff had any idea what kind of traffic this business may generate. Price stated that the traffic generated should not be significant and that there generally isn’t as much traffic with a resale shop as there is with general retail. He continued that a traffic analysis had not been done but he felt that there would be more traffic with this use than there was with the previous office use that most likely did a lot of business over the internet. He stated that the elimination of curb cuts on Terrace Street could be considered as the curb cuts on Pearl and Court Street should be sufficient to the use. Commissioner Werner asked if there had been any discussion regarding this with the applicant and Price stated that there had not been because it wasn’t something that had been previously considered. Commissioner Voskuil stated that since the applicant was not in attendance, she was hesitant about making any decisions on this item without him being able to be a part of the discussion. Commissioner Madere asked if a change in use requires a site plan review. Price stated that it can but in this particular use, office and retail have the same parking ratio so it wasn’t required. Commissioner Marklein asked if additional screening as a buffer between the use and residential properties in the area could be requested as a condition of approval. Price stated that in general, landscaping and screening requirements between residential and commercial uses are the same whether the use is office or retail. Since there isn’t any screening there now, the property would typically be handled as a pre-existing/non- conforming use. If the use required a conditional use permit, staff would require screening but staff didn’t feel it was required with the minor increment in change of zoning. He added that staff could certainly encourage the applicant to do so. There was a motion by Commissioner Consigny with a second by Commissioner Werner to table this item to the July 5, 2011, Plan Commission Meeting so that the Commission could discuss questions/changes that were brought forward with the applicant. The motion carried on a 6-1-0 vote with Commissioner Siker opposing. Cherek informed the Plan Commission that since the City Council had scheduled this item for public hearing at its July 11, 2011, meeting, the Plan Commission’s motion to table it should not affect the schedule. PLAN COMMISSION ACTION – 4 JULY 2011 Brad Schmidt, Associate Planner, presented the written staff report. The Commission was reminded that a public hearing was held and closed on this item at their last meeting and if the Commission wishes to re-open the hearing, there would need to be a motion to do so. There was a motion by Commissioner Consigny with a second by Commissioner Marklein to re-open the public hearing on this item. The motion passed with a 5-0-0 vote. The public hearing was opened and the following persons appeared to speak:  Bob Kerman, property owner of 1220 West Court Street, stated that he was available for questions. Commissioner Marklein asked if Mr. Kerman was comfortable with the recommendation by the City to rezone the property to B2 rather than B3 as he had originally requested. Mr. Kerman stated that he originally asked for B3 because the building is for sale and he felt it would make the building more marketable. He stated that he accepts staff’s recommendation to rezone to B2 as it satisfies the needs of the current tenant who waiting for rezoning approval. He added that the tenant planned to use the building three days a week for about 5 hours a day. Commissioner Siker questioned the 5 curb openings on the property and asked about the one that doesn’t go anywhere and if it was necessary. Mr. Kerman stated that it wasn’t a driveway but instead was used as a parking space for the neighbor’s truck in exchange for shoveling services on Mr. Kerman’s property. He added that the drive does lead to a stairway to the generator for the building.  Carla Miller, 21 N. Terrace, asked the Commission to take into consideration that the residents in the area have spent 25 years turning the neighborhood around and to remember that there are a lot of children in the neighborhood. She stated that although she feels there needs to be good business on the west side, she has concerns that the next request would be to rezone the property from B2 to B3 and she didn’t want to see some of those allowed uses in the neighborhood. She liked the suggestion at the last meeting regarding closing drives on Terrace Street and said that she would appreciate anything the Commission could do to help the neighborhood. The public hearing was closed. There was a motion by Commissioner Siker with a second by Commissioner Consigny to forward the rezoning to the City Council with a favorable recommendation. The motion carried on a 5-0-0 vote. FISCAL IMPACT The Assessor’s Office indicates that the assessed value of this property would not be affected by this rezoning. The property includes an existing structure which has been vacant for two years. The rezoning of this property to B2 would allow for a variety of retail uses which were not previously permitted in the O1 zoning district. A tenant has proposed to use the building to sell various retail items, primarily home furnishings. The rezoning of this property from O1 to B2 will not result in a negative fiscal impact to the city. 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 CLERK-TREASURER’S OFFICE MEMORANDUM June 23, 2011 TO: City Council FROM: Jean Ann Wulf, City Clerk-Treasurer SUBJECT: Second reading and Public Hearing on a Proposed Ordinance Deleting and Recreating Electoral Ward Boundaries (Ord. No. 2011-492) and a Proposed Resolution Assigning Wards to Polling Places (Res. No. 2011- 818) Summary The City Council is required to create wards for the City of Janesville based on the Preliminary County Supervisory District Plan. Pursuant to State Statutes, we have until July 11, 2011 to complete this project. The Clerk-Treasurer’s Office created the ward plan by splitting each County Supervisory District into two wards. In addition, we assigned the new wards to polling places. Department Recommendation We recommend that the Council adopt Ordinance No. 2011-492 detailing our ward plan and the associated Resolution No. 2011-818 assigning wards to polling places. City Manager Recommendation The City Manager concurs with the City Clerk Office’s recommendation. Suggested Motion I move to adopt Ordinance No. 2011-492 detailing our ward plan and Resolution No. 2011-818 assigning wards to polling places. Background Following the 2010 U.S. Census, Wisconsin political jurisdictions are required to redraw electoral districts in order to ensure equal representation. Under Wisconsin Statutes, the County Board of Supervisors establishes a preliminary plan for their Supervisory Districts and forwards their Plan to the City to establish wards. The Rock County Board has now forwarded their Preliminary Redistricting Plan dividing the County into 29 Supervisory Districts. It should be noted that seven of the proposed Supervisory Districts are located solely within the City and six Supervisory Districts are comprised of property located both within the City and adjoining townships. Pursuant to State Statutes, the City Council should adopt our new ward boundaries by July 11, 2011. The reason for redistricting is to ensure that the constitutional principle of one person- one vote is achieved in all election districts. Rock County has a population of 160,331 people based on the U.S. Census and the average Supervisory District should have 5,529 people. With the proposed changes, we will achieve equality in representation with each County Supervisor representing between 5,337 and 5,710 citizens or a difference of 373 people. State guidelines on redistricting allow a variance of up to 552. Ward Plan Under the proposed Plan, 13 supervisors will represent the City. The City will create 25 wards to accommodate the County Supervisory Districts. This compares with our current 14 supervisors representing 32 wards. Between 2001 and 2011, the City annexed over 40 different properties and created 7 new wards. Therefore, in the proposed plan, the County extended their Supervisory District boundaries past the City’s corporate limits to allow for our future expansion of the City’s boundaries within a supervisory district. In shared districts, the City represents the majority of population, except for Supervisory District #9. The City of Janesville has renumbered our wards in order to restore the numbering sequence for the old fourth ward. In addition, we will be requesting that the County renumber their supervisory districts within the City of Janesville to be in consecutive number order with the City’s wards (i.e. Wards 1& 2 = Supervisory District 18, Wards 3 & 4 = Supervisory District 19). The following table shows the proposed districts and the population split between City and Township residents. Ward Supervisory Janesville Township Number District Residents Residents Population 1 2,664 2 18 2,695 343 5,702 3 2,887 4 25 2,790 0 5,677 5 2,117 6 26 1,844 1,504 5,465 7 2,900 8 27 2,700 0 5,600 9 1,879 10 28 1,992 1,822 5,693 11 2,922 12 29 2,790 0 5,712 13 2,864 14 24 2,812 0 5,676 15 2,597 16 19 2,424 572 5,593 17 2,721 18 21 2,845 0 5,566 19 9 1430 4101 5,531 20 2,066 21 20 2,227 1,156 5,449 22 2,797 23 22 2,913 0 5,710 24 2,951 25 23 2,748 0 5,699 Total l 63,575 9,498 73,073 We have included in your packet a map of the existing wards and the proposed wards. Polling Place Plan The City is responsible for designating a polling place for each ward. Our objectives in selecting or changing polling places were as follows: selecting polling places that are handicapped accessible, access to a large  meeting room and have adequate parking minimize the distance citizens have to travel to their polling place  create boundaries that follow major geographic features  minimize election costs  Currently, the City has 10 polling places and we are proposing to keep the same number of polling places. The plan calls for eliminating Marshall Middle School, Jefferson School and Wilson School. Also, it adds Rotary Gardens, Harmony School and the Municipal Building. Listed on the table below are the proposed changes and the associated reasons. The table also indicates the new polling place location for those voters affected by closings: CURRENT REASONS FOR NEW WARD PROPOSED POLLING PLACES PROPOSED CHANGES ASSIGNMENT POLLING PLACES Edison Middle School Same 7, 8, 9, 10 Edison Middle School First Lutheran Church Same 14, 16, 17, 18 First Lutheran Church Harrison School Same 24, 25 Harrison School Hedberg Library Same 13, 15 Hedberg Public Library Closed – Moved Voters to First Lutheran for Jefferson School Better Voter Access. Kennedy School Same 22, 23 Kennedy School Madison School Same 5, 6 Madison School Closed – Moved to Kennedy, Harrison and Marshall Middle School First Lutheran for Better Voter Access 11, 12 Rotary Gardens Closed – Moved to the Municipal Building Wilson School for Better Voter Access 3,4 Municipal Building Washington School Same 1,2 Washington School Large Population Growth in this Area. N/A Closer to Voters. Excellent Parking. 19, 20, 21 Harmony School The above plan has been incorporated into Resolution 2011-818 which is attached. Redistricting will not increase the cost of election administration. By keeping the same number of polling places, we have stabilized our costs. One-time costs of notifying approximately 19,000 voters of their polling place change and printing new ward maps are estimated at to be around $5,000. Funding for the corresponding proposed changes has been included in the 2011 City Budget. cc: Eric Levitt, City Manager Jay Winzenz, Assistant City Manager and Director of Administrative Services Ordinance NO. 2011-492 An ordinance deleting and recreating Electoral Ward Boundaries. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION 1. WARD BOUNDARIES. Janesville General Ordinance No. 2001-175 and all prior ordinances defining or redefining ward and supervisory district boundaries of and in the City of Janesville are hereby repealed and recreated as follows: The City of Janesville shall be and hereby is divided into twenty-five (25) wards. Said ward boundaries are shown on a map that is fully incorporated herein by reference as if fully set forth and which is and shall be on file in the Office of the City Clerk. The ward boundaries set forth thereon are described herein as follows: Ward 1 Census Block Numbers: 551050005001000 551050005001029 551050005002013 551050005005001 551050005001001 551050005001030 551050005002014 551050005005002 551050005001002 551050005001031 551050005002015 551050005005003 551050005001003 551050005001032 551050005002016 551050005005004 551050005001005 551050005001033 551050005002017 551050005005005 551050005001006 551050005001034 551050005002018 551050005005006 551050005001007 551050005001035 551050005002019 551050005005008 551050005001008 551050005001036 551050005002020 551050005005009 551050005001009 551050005001037 551050005002021 551050005005011 551050005001010 551050005002000 551050005003000 551050006002004 551050005001013 551050005002001 551050005003001 551050012012000 551050005001014 551050005002002 551050005003002 551050012022025 551050005001015 551050005002003 551050005003003 551050012022026 551050005001018 551050005002004 551050005003004 551050012022028 551050005001019 551050005002005 551050005003005 551050012022030 551050005001020 551050005002006 551050005003006 551050012022031 551050005001022 551050005002007 551050005003007 551050012022033 551050005001023 551050005002008 551050005003008 551050012022073 551050005001024 551050005002009 551050005003009 551050012022074 551050005001025 551050005002010 551050005003010 551050012022075 551050005001026 551050005002011 551050005003011 551050012022080 551050005001027 551050005002012 551050005005000 Ward 2 Census Block Numbers: 551050004003000 551050005004004 551050005004014 551050005005007 551050004003001 551050005004005 551050005004015 551050005005010 551050004003003 551050005004006 551050005004016 551050005005012 551050004003004 551050005004007 551050005004017 551050005005013 551050004003005 551050005004008 551050005004018 551050005005014 551050004003006 551050005004009 551050005004019 551050005005015 551050005004000 551050005004010 551050005004020 551050005005016 551050005004001 551050005004011 551050005004021 551050005005017 551050005004002 551050005004012 551050005004022 551050005005018 551050005004003 551050005004013 551050005004023 551050005005019 Page 1 of 12 551050005005020 551050005005028 551050012011003 551050012012009 551050005005021 551050005005029 551050012012002 551050012012010 551050005005022 551050005005030 551050012012003 551050012012012 551050005005023 551050005005031 551050012012004 551050012012064 551050005005024 551050006002005 551050012012005 551050012012065 551050005005025 551050012011000 551050012012006 551050012012066 551050005005026 551050012011001 551050012012007 551050012012067 551050005005027 551050012011002 551050012012008 551050012012068 Ward 3 Census Block Numbers: 551050001001011 551050004001004 551050004002001 551050004004018 551050001001012 551050004001005 551050004002002 551050004004019 551050001001013 551050004001006 551050004002003 551050004004020 551050001001023 551050004001007 551050004002004 551050004004021 551050001001024 551050004001008 551050004002005 551050004004022 551050001001025 551050004001009 551050004002006 551050004004023 551050001001026 551050004001010 551050004002007 551050004004024 551050001001027 551050004001011 551050004002008 551050004004030 551050001001028 551050004001012 551050004002009 551050004004031 551050001001029 551050004001013 551050004002010 551050004004032 551050001001030 551050004001014 551050004002011 551050004004033 551050001001031 551050004001015 551050004002012 551050004004034 551050001001032 551050004001016 551050004002013 551050004004035 551050001001033 551050004001017 551050004002014 551050004004036 551050001001034 551050004001018 551050004002015 551050004004037 551050001001047 551050004001019 551050004002016 551050004004038 551050001001048 551050004001020 551050004004000 551050004004039 551050001001049 551050004001021 551050004004001 551050004004040 551050001001050 551050004001022 551050004004002 551050004004041 551050001001051 551050004001023 551050004004003 551050004004042 551050001001052 551050004001024 551050004004004 551050004004043 551050001001057 551050004001025 551050004004005 551050004004044 551050004001000 551050004001026 551050004004006 551050004004045 551050004001001 551050004001027 551050004004007 551050004004047 551050004001002 551050004001028 551050004004008 551050004004048 551050004001003 551050004002000 551050004004017 551050004004055 Ward 4 Census Block Numbers: 551050001001035 551050001001055 551050003001008 551050003001018 551050001001036 551050001001056 551050003001009 551050003001019 551050001001041 551050003001000 551050003001010 551050003001020 551050001001042 551050003001001 551050003001011 551050003001021 551050001001043 551050003001002 551050003001012 551050003001022 551050001001044 551050003001003 551050003001013 551050003001023 551050001001045 551050003001004 551050003001014 551050003001024 551050001001046 551050003001005 551050003001015 551050003001025 551050001001053 551050003001006 551050003001016 551050003001026 551050001001054 551050003001007 551050003001017 551050003001027 Page 2 of 12 551050003001028 551050003002007 551050003002025 551050003003013 551050003001029 551050003002008 551050003002026 551050003003014 551050003001030 551050003002009 551050003002027 551050003003015 551050003001031 551050003002010 551050003002028 551050003003016 551050003001032 551050003002011 551050003002029 551050003003017 551050003001033 551050003002012 551050003003000 551050003003018 551050003001034 551050003002013 551050003003001 551050003003019 551050003001035 551050003002014 551050003003002 551050003003020 551050003001036 551050003002015 551050003003003 551050003003021 551050003001037 551050003002016 551050003003004 551050003003022 551050003001038 551050003002017 551050003003005 551050003003023 551050003002000 551050003002018 551050003003006 551050003003024 551050003002001 551050003002019 551050003003007 551050003003025 551050003002002 551050003002020 551050003003008 551050003003026 551050003002003 551050003002021 551050003003009 551050003003027 551050003002004 551050003002022 551050003003010 551050003002005 551050003002023 551050003003011 551050003002006 551050003002024 551050003003012 Ward 5 Census Block Numbers: 551050004003002 551050012011008 551050012012011 551050012012047 551050004003007 551050012011009 551050012012013 551050012012048 551050004003008 551050012011010 551050012012023 551050012012049 551050004003009 551050012011011 551050012012024 551050012012050 551050004003010 551050012011012 551050012012025 551050012012051 551050004003011 551050012011013 551050012012026 551050012012052 551050004003012 551050012011014 551050012012027 551050012012053 551050004003013 551050012011015 551050012012028 551050012012054 551050004003014 551050012011016 551050012012030 551050012012055 551050004003015 551050012011017 551050012012031 551050012012059 551050004003016 551050012011018 551050012012034 551050012012060 551050012011004 551050012011019 551050012012035 551050012012061 551050012011005 551050012011021 551050012012042 551050012012062 551050012011006 551050012011022 551050012012044 551050012012063 551050012011007 551050012011023 551050012012046 Ward 6 Census Block Numbers: 551050004004009 551050004004028 551050012012039 551050012013034 551050004004010 551050004004029 551050012013000 551050012013035 551050004004011 551050004004046 551050012013001 551050012013036 551050004004012 551050004004049 551050012013004 551050012013040 551050004004013 551050004004050 551050012013009 551050012013041 551050004004014 551050004004051 551050012013010 551050012013042 551050004004015 551050004004052 551050012013012 551050012013043 551050004004016 551050004004053 551050012013030 551050012013044 551050004004025 551050004004054 551050012013031 551050012013045 551050004004026 551050012012037 551050012013032 551050012013046 551050004004027 551050012012038 551050012013033 551050012013047 Page 3 of 12 551050012013048 551050012013059 551050012013075 551050012013083 551050012013049 551050012013060 551050012013076 551050012013084 551050012013050 551050012013062 551050012013077 551050012013085 551050012013051 551050012013063 551050012013078 551050012013086 551050012013052 551050012013064 551050012013079 551050012013087 551050012013053 551050012013065 551050012013080 551050012013088 551050012013054 551050012013066 551050012013081 551050012013106 551050012013055 551050012013074 551050012013082 Ward 7 Census Block Numbers: 551050011001000 551050011001018 551050011002009 551050011004004 551050011001001 551050011001019 551050011002010 551050011004005 551050011001002 551050011001024 551050011002011 551050011004006 551050011001003 551050011001025 551050011002012 551050011004007 551050011001004 551050011001026 551050011002013 551050011004008 551050011001005 551050011001027 551050011002014 551050011004009 551050011001006 551050011001028 551050011002015 551050011004010 551050011001007 551050011001029 551050011002016 551050011004011 551050011001008 551050011001030 551050011002017 551050011004012 551050011001009 551050011002000 551050011002018 551050011004013 551050011001010 551050011002001 551050011002019 551050011004014 551050011001011 551050011002002 551050011002020 551050011004015 551050011001012 551050011002003 551050011002021 551050011004016 551050011001013 551050011002004 551050011002022 551050011004017 551050011001014 551050011002005 551050011004000 551050011004018 551050011001015 551050011002006 551050011004001 551050011004020 551050011001016 551050011002007 551050011004002 551050011004021 551050011001017 551050011002008 551050011004003 551050011004022 Ward 8 Census Block Numbers: 551050011001020 551050011003009 551050011003022 551050011005009 551050011001021 551050011003010 551050011003023 551050011005010 551050011001022 551050011003011 551050011003024 551050011005011 551050011001023 551050011003012 551050011004019 551050011005012 551050011003000 551050011003013 551050011005000 551050011005013 551050011003001 551050011003014 551050011005001 551050011005014 551050011003002 551050011003015 551050011005002 551050011005015 551050011003003 551050011003016 551050011005003 551050011005016 551050011003004 551050011003017 551050011005004 551050011005017 551050011003005 551050011003018 551050011005005 551050011005018 551050011003006 551050011003019 551050011005006 551050014004009 551050011003007 551050011003020 551050011005007 551050014004010 551050011003008 551050011003021 551050011005008 551050014004011 Page 4 of 12 Ward 9 Census Block Numbers: 551050014004001 551050014004016 551050014004043 551050014004057 551050014004002 551050014004017 551050014004044 551050014004059 551050014004003 551050014004018 551050014004045 551050014004060 551050014004004 551050014004019 551050014004047 551050014004061 551050014004005 551050014004022 551050014004048 551050014004062 551050014004006 551050014004028 551050014004049 551050014004063 551050014004007 551050014004037 551050014004050 551050014004064 551050014004008 551050014004038 551050014004051 551050014004072 551050014004012 551050014004039 551050014004052 551050014004073 551050014004013 551050014004040 551050014004053 551050014004014 551050014004041 551050014004054 551050014004015 551050014004042 551050014004055 Ward 10 Census Block Numbers: 551050010002019 551050010002046 551050014003007 551050014003028 551050010002021 551050010002047 551050014003008 551050014003029 551050010002022 551050014001022 551050014003009 551050014003030 551050010002023 551050014001025 551050014003012 551050014003031 551050010002024 551050014001026 551050014003013 551050014004000 551050010002025 551050014001030 551050014003015 551050014004034 551050010002026 551050014003000 551050014003017 551050014004046 551050010002027 551050014003001 551050014003021 551050014004065 551050010002028 551050014003002 551050014003023 551050014004066 551050010002029 551050014003003 551050014003024 551050014004067 551050010002043 551050014003004 551050014003025 551050014004068 551050010002044 551050014003005 551050014003026 551050014004069 551050010002045 551050014003006 551050014003027 551050014004070 Ward 11 Census Block Numbers: 551050010001000 551050010001014 551050010001028 551050010001046 551050010001001 551050010001015 551050010001029 551050010002000 551050010001002 551050010001016 551050010001030 551050010002001 551050010001003 551050010001017 551050010001031 551050010002002 551050010001004 551050010001018 551050010001032 551050010002003 551050010001005 551050010001019 551050010001033 551050010002004 551050010001006 551050010001020 551050010001034 551050010002005 551050010001007 551050010001021 551050010001039 551050010002006 551050010001008 551050010001022 551050010001040 551050010002007 551050010001009 551050010001023 551050010001041 551050010002008 551050010001010 551050010001024 551050010001042 551050010002009 551050010001011 551050010001025 551050010001043 551050010002010 551050010001012 551050010001026 551050010001044 551050010002011 551050010001013 551050010001027 551050010001045 551050010002012 Page 5 of 12 551050010002013 551050010002035 551050010002052 551050014001003 551050010002014 551050010002036 551050010002053 551050014001004 551050010002015 551050010002037 551050010002054 551050014001005 551050010002016 551050010002038 551050010002055 551050014001006 551050010002017 551050010002039 551050010002056 551050014001011 551050010002018 551050010002040 551050010002057 551050014001013 551050010002020 551050010002041 551050010002058 551050014001014 551050010002030 551050010002042 551050010002059 551050014001045 551050010002031 551050010002048 551050010002060 551050014001046 551050010002032 551050010002049 551050010002061 551050010002033 551050010002050 551050010002062 551050010002034 551050010002051 551050014001002 Ward 12 Census Block Numbers: 551050009001000 551050009001016 551050009002013 551050009002029 551050009001001 551050009001017 551050009002014 551050009002030 551050009001002 551050009001018 551050009002015 551050009002031 551050009001003 551050009002000 551050009002016 551050009002032 551050009001004 551050009002001 551050009002017 551050009002033 551050009001005 551050009002002 551050009002018 551050009002034 551050009001006 551050009002003 551050009002019 551050009002035 551050009001007 551050009002004 551050009002020 551050009002036 551050009001008 551050009002005 551050009002021 551050009002037 551050009001009 551050009002006 551050009002022 551050009002038 551050009001010 551050009002007 551050009002023 551050009002039 551050009001011 551050009002008 551050009002024 551050009002040 551050009001012 551050009002009 551050009002025 551050009002041 551050009001013 551050009002010 551050009002026 551050010001035 551050009001014 551050009002011 551050009002027 551050010001036 551050009001015 551050009002012 551050009002028 551050010001047 Ward 13 Census Block Numbers: 551050001001000 551050001001019 551050002001015 551050002003004 551050001001001 551050001001020 551050002001016 551050002003005 551050001001002 551050001001021 551050002001017 551050002003006 551050001001003 551050001001022 551050002001018 551050002003007 551050001001004 551050001001037 551050002002004 551050002003008 551050001001005 551050001001038 551050002002005 551050002003009 551050001001006 551050001001039 551050002002007 551050002003010 551050001001007 551050001001040 551050002002008 551050002003011 551050001001008 551050002001007 551050002002009 551050002003012 551050001001009 551050002001008 551050002002010 551050002003013 551050001001010 551050002001009 551050002002011 551050002003014 551050001001014 551050002001010 551050002002012 551050002003015 551050001001015 551050002001011 551050002003000 551050002003016 551050001001016 551050002001012 551050002003001 551050002003017 551050001001017 551050002001013 551050002003002 551050002003018 551050001001018 551050002001014 551050002003003 551050002003019 Page 6 of 12 551050002003020 551050002003026 551050002003032 551050002003038 551050002003021 551050002003027 551050002003033 551050002003039 551050002003022 551050002003028 551050002003034 551050002003040 551050002003023 551050002003029 551050002003035 551050008004018 551050002003024 551050002003030 551050002003036 551050002003025 551050002003031 551050002003037 Ward 14 Census Block Numbers: 551050002001000 551050007003022 551050008003013 551050008004002 551050002001001 551050007003023 551050008003014 551050008004003 551050002001002 551050007003026 551050008003015 551050008004004 551050002001003 551050007003027 551050008003016 551050008004005 551050002001004 551050008003000 551050008003017 551050008004006 551050002001005 551050008003001 551050008003018 551050008004007 551050002001006 551050008003002 551050008003019 551050008004008 551050002001019 551050008003003 551050008003020 551050008004009 551050002001020 551050008003004 551050008003021 551050008004010 551050002001021 551050008003005 551050008003022 551050008004011 551050002002000 551050008003006 551050008003023 551050008004012 551050002002001 551050008003007 551050008003024 551050008004013 551050002002002 551050008003008 551050008003025 551050008004014 551050002002003 551050008003009 551050008003026 551050008004015 551050002002006 551050008003010 551050008003027 551050008004016 551050007003011 551050008003011 551050008004000 551050008004017 551050007003012 551050008003012 551050008004001 551050008004019 Ward 15 Census Block Numbers: 551050006001012 551050006002001 551050006002022 551050006002041 551050006001013 551050006002002 551050006002023 551050006002042 551050006001014 551050006002003 551050006002024 551050006002043 551050006001015 551050006002006 551050006002025 551050006002044 551050006001016 551050006002007 551050006002026 551050006002045 551050006001017 551050006002008 551050006002027 551050006002046 551050006001018 551050006002009 551050006002028 551050006002047 551050006001019 551050006002010 551050006002029 551050006002048 551050006001020 551050006002011 551050006002030 551050006002049 551050006001024 551050006002012 551050006002031 551050006002050 551050006001025 551050006002013 551050006002032 551050006002051 551050006001026 551050006002014 551050006002033 551050006002052 551050006001027 551050006002015 551050006002034 551050012022047 551050006001028 551050006002016 551050006002035 551050012022052 551050006001031 551050006002017 551050006002036 551050012022053 551050006001032 551050006002018 551050006002037 551050012022054 551050006001033 551050006002019 551050006002038 551050006001034 551050006002020 551050006002039 551050006002000 551050006002021 551050006002040 Page 7 of 12 Ward 16 Census Block Numbers: 551050006001000 551050006001029 551050012021015 551050012022006 551050006001001 551050006001030 551050012021016 551050012022007 551050006001002 551050006001035 551050012021017 551050012022039 551050006001003 551050006001036 551050012021018 551050012022042 551050006001004 551050012021003 551050012021019 551050012022045 551050006001005 551050012021005 551050012021020 551050012022055 551050006001006 551050012021006 551050012021021 551050012022056 551050006001007 551050012021007 551050012021022 551050012022057 551050006001008 551050012021008 551050012021023 551050012022058 551050006001009 551050012021009 551050012021024 551050012022064 551050006001010 551050012021010 551050012021025 551050012022065 551050006001011 551050012021011 551050012021026 551050012022066 551050006001021 551050012021012 551050012021027 551050012022067 551050006001022 551050012021013 551050012021028 551050012022068 551050006001023 551050012021014 551050012022003 551050012022069 Ward 17 Census Block Numbers: 551050007002000 551050007003019 551050008001014 551050008002016 551050007002002 551050007003020 551050008001015 551050008002017 551050007002003 551050007003024 551050008002000 551050008002018 551050007002004 551050007003025 551050008002001 551050008002019 551050007002014 551050008001000 551050008002002 551050008002020 551050007002015 551050008001001 551050008002003 551050008002021 551050007002016 551050008001002 551050008002004 551050008002022 551050007002017 551050008001003 551050008002005 551050008002023 551050007002018 551050008001004 551050008002006 551050008002024 551050007002019 551050008001005 551050008002007 551050008002025 551050007002020 551050008001006 551050008002008 551050008002026 551050007002021 551050008001007 551050008002009 551050008002027 551050007002022 551050008001008 551050008002010 551050008002028 551050007002026 551050008001009 551050008002011 551050008002029 551050007003013 551050008001010 551050008002012 551050008002030 551050007003014 551050008001011 551050008002013 551050008002031 551050007003015 551050008001012 551050008002014 551050007003018 551050008001013 551050008002015 Ward 18 Census Block Numbers: 551050007001000 551050007001009 551050007001018 551050007001027 551050007001001 551050007001010 551050007001019 551050007001028 551050007001002 551050007001011 551050007001020 551050007001029 551050007001003 551050007001012 551050007001021 551050007001030 551050007001004 551050007001013 551050007001022 551050007001031 551050007001005 551050007001014 551050007001023 551050007001032 551050007001006 551050007001015 551050007001024 551050007001033 551050007001007 551050007001016 551050007001025 551050007001034 551050007001008 551050007001017 551050007001026 551050007001035 Page 8 of 12 551050007001036 551050007002008 551050007002025 551050007003007 551050007001037 551050007002009 551050007003000 551050007003008 551050007001038 551050007002010 551050007003001 551050007003009 551050007001039 551050007002011 551050007003002 551050007003010 551050007002001 551050007002012 551050007003003 551050007003016 551050007002005 551050007002013 551050007003004 551050007003017 551050007002006 551050007002023 551050007003005 551050007003021 551050007002007 551050007002024 551050007003006 551050013041127 Ward 19 Census Block Numbers: 551050012021000 551050012023078 551050013031059 551050013031089 551050012021001 551050012023079 551050013031060 551050013031090 551050012021002 551050012023080 551050013031061 551050013031091 551050012021004 551050012023081 551050013031062 551050013032031 551050012022004 551050012023083 551050013031063 551050013032032 551050012022005 551050012023084 551050013031064 551050013032039 551050012022076 551050013031011 551050013031066 551050013032040 551050012022077 551050013031015 551050013031067 551050013032041 551050012022078 551050013031019 551050013031070 551050013032042 551050012022079 551050013031028 551050013031071 551050013032043 551050012023001 551050013031046 551050013031072 551050013032046 551050012023002 551050013031047 551050013031074 551050013032047 551050012023058 551050013031048 551050013031078 551050013032048 551050012023059 551050013031050 551050013031079 551050013032049 551050012023060 551050013031051 551050013031080 551050013032050 551050012023061 551050013031052 551050013031081 551050013032051 551050012023062 551050013031054 551050013031082 551050013032064 551050012023063 551050013031055 551050013031083 551050013032065 551050012023064 551050013031056 551050013031086 551050013032066 551050012023065 551050013031057 551050013031087 551050013041045 551050012023066 551050013031058 551050013031088 Ward 20 Census Block Numbers: 551050013032002 551050013032030 551050013032067 551050013041028 551050013032005 551050013032033 551050013032068 551050013041029 551050013032007 551050013032034 551050013032069 551050013041030 551050013032009 551050013032035 551050013041010 551050013041031 551050013032021 551050013032036 551050013041011 551050013041032 551050013032023 551050013032037 551050013041012 551050013041033 551050013032024 551050013032038 551050013041013 551050013041034 551050013032025 551050013032044 551050013041014 551050013041035 551050013032026 551050013032045 551050013041015 551050013041042 551050013032027 551050013032052 551050013041016 551050013041044 551050013032028 551050013032053 551050013041017 551050013041069 551050013032029 551050013032054 551050013041018 551050013041120 Page 9 of 12 Ward 21 Census Block Numbers: 551050013032010 551050013041006 551050013041026 551050013041073 551050013032014 551050013041007 551050013041027 551050013041074 551050013032015 551050013041008 551050013041060 551050013041076 551050013032016 551050013041009 551050013041061 551050013041104 551050013032017 551050013041019 551050013041062 551050013041105 551050013032018 551050013041020 551050013041066 551050013041106 551050013032019 551050013041021 551050013041067 551050013041121 551050013032055 551050013041022 551050013041068 551050013041122 551050013041001 551050013041023 551050013041070 551050013041123 551050013041002 551050013041024 551050013041071 551050013041124 551050013041003 551050013041025 551050013041072 Ward 22 Census Block Numbers: 551050013021005 551050013041046 551050013041082 551050013041101 551050013024004 551050013041047 551050013041083 551050013041102 551050013024005 551050013041048 551050013041084 551050013041103 551050013024077 551050013041049 551050013041085 551050013041107 551050013024078 551050013041050 551050013041086 551050013041108 551050013024079 551050013041051 551050013041087 551050013041109 551050013025000 551050013041052 551050013041088 551050013041110 551050013025002 551050013041053 551050013041089 551050013041111 551050013025004 551050013041054 551050013041090 551050013041112 551050013025005 551050013041055 551050013041091 551050013041113 551050013032058 551050013041056 551050013041092 551050013041114 551050013032059 551050013041057 551050013041093 551050013041115 551050013041036 551050013041058 551050013041094 551050013041116 551050013041037 551050013041059 551050013041095 551050013041117 551050013041038 551050013041063 551050013041096 551050013041118 551050013041039 551050013041064 551050013041097 551050013041119 551050013041040 551050013041065 551050013041098 551050013041125 551050013041041 551050013041080 551050013041099 551050013041126 551050013041043 551050013041081 551050013041100 551050013042000 Ward 23 Census Block Numbers: 551050013022000 551050013042007 551050013043003 551050013043010 551050013042001 551050013042008 551050013043004 551050013043011 551050013042002 551050013042009 551050013043005 551050013043012 551050013042003 551050013042010 551050013043006 551050013043013 551050013042004 551050013043000 551050013043007 551050013043014 551050013042005 551050013043001 551050013043008 551050013043015 551050013042006 551050013043002 551050013043009 Page 10 of 12 Ward 24 Census Block Numbers: 551050013021000 551050013021012 551050013021023 551050013022009 551050013021001 551050013021013 551050013021024 551050013022010 551050013021002 551050013021014 551050013021025 551050013022011 551050013021003 551050013021015 551050013022001 551050013022012 551050013021004 551050013021016 551050013022002 551050013022013 551050013021006 551050013021017 551050013022003 551050013022014 551050013021007 551050013021018 551050013022004 551050013022015 551050013021008 551050013021019 551050013022005 551050013022016 551050013021009 551050013021020 551050013022006 551050013022017 551050013021010 551050013021021 551050013022007 551050013025032 551050013021011 551050013021022 551050013022008 Ward 25 Census Block Numbers: 551050013021026 551050013023013 551050013025003 551050013025022 551050013021027 551050013023014 551050013025006 551050013025024 551050013021028 551050013023015 551050013025008 551050013025025 551050013023000 551050013023016 551050013025009 551050013025026 551050013023001 551050013023017 551050013025010 551050013025027 551050013023002 551050013023018 551050013025011 551050013025028 551050013023003 551050013023019 551050013025012 551050013025029 551050013023004 551050013023020 551050013025013 551050013025030 551050013023005 551050013023021 551050013025014 551050013025031 551050013023006 551050013023022 551050013025015 551050013025033 551050013023007 551050013023023 551050013025016 551050013025034 551050013023008 551050013024019 551050013025017 551050013025035 551050013023009 551050013024020 551050013025018 551050013025036 551050013023010 551050013024021 551050013025019 551050013025038 551050013023011 551050013024022 551050013025020 551050013023012 551050013025001 551050013025021 Page 11 of 12 Section 2. This ordinance shall take effect immediately upon adoption and in accord with the applicable Wisconsin Statutes. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Eric J. Levitt, City Manager Dongarra-Adams ATTEST: Liebert McDonald Jean Ann Wulf, City Clerk-Treasurer Rashkin APPROVED AS TO FORM: Steeber Voskuil Wald Klimczyk, City Attorney Proposed by: City Clerk-Treasurer Prepared by: City Clerk-Treasurer Page 12 of 12 ØÕÔÓ Ù×Ö Ò Î Ñ Í Ð Ï Ì Ë îì ë îì îí îí íð îî îî ë ì îï îï ê îë ë îð îð íð íð ïç ìê ïç ç è û é íð ïè ë ïè û ï ïé îë ïé îé ïï ïð û í û û û ïê ïê ïí ïì îì ïè û ïë ïë ïë ïî û îé ïì ïé îê ïì ïê îí û îé îè ïí ïí ïî îé ïî îðîï ÖÑÔ×ÛÌ ÍÌ îî û ïï ïï ïç îè ß ÕÛÔÔÑÙÙ ßÊÛ ïð ïð ïé îç íî ç ç ÌÎ×ÐÐ ÎÜ è è íï ïç é é íï ê ê ë ë Ø Ù ÔÓ × Î ÖÑÏ ÒÐÍ ÕÌ Ë ÊÑÌ×ÒÙ ßÍÍÛÓÞÔÇ ÝÑÒÙÎò ÊÑÌ×ÒÙ ßÍÍÛÓÞÔÇ ÝÑÒÙÎò ÐÑÔÔ×ÒÙ ÐÔßÝÛÍÐÑÔÔ×ÒÙ ÐÔßÝÛÍ É·½±²·²ù Ð¿®µ Ð´¿½» ÉßÎÜÍÜ×ÍÌÎ×ÝÌÜ×ÍÌÎ×ÝÌÉßÎÜÍÜ×ÍÌÎ×ÝÌÜ×ÍÌÎ×ÝÌ ïÉßÍØ×ÒÙÌÑÒ ÍÝØÑÑÔììïîîÛÜ×ÍÑÒ Ó×ÜÜÔÛ ÍÝØÑÑÔììï îÉßÍØ×ÒÙÌÑÒ ÍÝØÑÑÔììïîíÚ×ÎÍÌ ÔËÌØÛÎßÒ ÝØËÎÝØììï Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ íØÛÜÞÛÎÙ ÐËÞÔ×Ý Ô×ÞÎßÎÇììïîìÚ×ÎÍÌ ÔËÌØÛÎßÒ ÝØËÎÝØììï ìÖÛÚÚÛÎÍÑÒ ÍÝØÑÑÔììïîëÖÛÚÚÛÎÍÑÒ ÍÝØÑÑÔììï ëÕÛÒÒÛÜÇ ÍÝØÑÑÔìëïîêÓßÜ×ÍÑÒ ÍÝØÑÑÔììî ÎÑÝÕ ÝÑËÒÌÇ êÕÛÒÒÛÜÇ ÍÝØÑÑÔìëïîéÓßÜ×ÍÑÒ ÍÝØÑÑÔìíî ïî éÖÛÚÚÛÎÍÑÒ ÍÝØÑÑÔììïîèÚ×ÎÍÌ ÔËÌØÛÎßÒ ÝØËÎÝØìëï ÊÑÌ×ÒÙ ÉßÎÜ ÒËÓÞÛÎ É×ÍÝÑÒÍ×Ò èÓßÎÍØßÔÔ Ó×ÜÜÔÛ ÍÝØÑÑÔììïîçÛÜ×ÍÑÒ Ó×ÜÜÔÛ ÍÝØÑÑÔìíî çÓßÎÍØßÔÔ Ó×ÜÜÔÛ ÍÝØÑÑÔììïíðÉßÍØ×ÒÙÌÑÒ ÍÝØÑÑÔìíî û ÐÑÔÔ×ÒÙ ÐÔßÝÛÍ ïðÓßÎÍØßÔÔ Ó×ÜÜÔÛ ÍÝØÑÑÔììïíïÛÜ×ÍÑÒ Ó×ÜÜÔÛ ÍÝØÑÑÔìíî ïïØßÎÎ×ÍÑÒ ÍÝØÑÑÔììïíîÛÜ×ÍÑÒ Ó×ÜÜÔÛ ÍÝØÑÑÔìíî ÉßÎÜ ÒËÓÞÛÎ×ÒÙ ÍÇÍÌÛÓ ßÒÜ ÍËÐÛÎÊ×ÍÑÎÇ Ü×ÍÌÎ×ÝÌÍ ÍËÐÛÎÊ×ÍÑÎÇ ïîØßÎÎ×ÍÑÒ ÍÝØÑÑÔìëï Ü×ÍÌÎ×ÝÌ ÞÑËÒÜßÎ×ÛÍ ïíÚ×ÎÍÌ ÔËÌØÛÎßÒ ÝØËÎÝØììï k ïìØÛÜÞÛÎÙ ÐËÞÔ×Ý Ô×ÞÎßÎÇììï ÉßÎÜ ÞÑËÒÜßÎ×ÛÍ ïëÉ×ÔÍÑÒ ÍÝØÑÑÔììï ïêÉ×ÔÍÑÒ ÍÝØÑÑÔììï ï ·²½¸ ã êôéðçòêèêðìí º»»¬ïéÓßÜ×ÍÑÒ ÍÝØÑÑÔììï ïèÓßÜ×ÍÑÒ ÍÝØÑÑÔììï Ú»»¬ ïçÛÜ×ÍÑÒ Ó×ÜÜÔÛ ÍÝØÑÑÔììï ßÜÑÐÌÛÜ ÞÇ Ý×ÌÇ ÝÑËÒÝ×Ô ðíôíéëêôéëðïíôëðð îðÛÜ×ÍÑÒ Ó×ÜÜÔÛ ÍÝØÑÑÔììï ÖËÔÇ çô îððï îïÛÜ×ÍÑÒ Ó×ÜÜÔÛ ÍÝØÑÑÔììï ÑÎÜ×ÒßÒÝÛ ÒÑò ðïóèé ÜßÌÛ ÑÚ ÔßÍÌ ÎÛÊ×Í×ÑÒæ ïðóîëóïð ÎÛÍÑÔËÌ×ÑÒ ÒÑò ðïóïéë ßÔÔ ÉßÎÜÍ ßÎÛ ×Ò ÍÛÒßÌÛ Ü×ÍÌÎ×ÝÌ ïë ÍæÐ®±¶»½¬ÄÐ´¿²²·²¹ÄÎ»º»®»²½» Ó¿°ÄÊ±¬·²¹óÉ¿®¼ RESOLUTION NO. 2011-818 A RESOLUTION ASSIGNING WARDS TO POLLING PLACES WHEREAS, the Rock County Board created 29 new supervisory districts based on the 2010 Census; and WHEREAS, the City of Janesville is required to create wards within each Supervisory District; and WHEREAS, the City of Janesville is required to assign all wards to a specific polling place; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville that it hereby assigns the City wards to the following polling places effective forthwith upon adoption. Ward Numbers Polling Place Assignment Wards 1 and 2 Washington School Wards 3 and 4 Municipal Building Wards 5 and 6 Madison School Wards 7, 8, 9 and 10 Edison Middle School Wards 11 and 12 Rotary Gardens Wards 13 and 15 Hedberg Public Library Wards 14, 16, 17 and 18 First Lutheran Church Wards 19, 20, and 21 Harmony Elementary School Wards 22 and 23 Kennedy School Wards 24 and 25 Harrison School 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: City Clerk-Treasurer Prepared by: City Clerk-Treasurer Ý·¬§ ±º Ö¿²»ª·´´» Ì»²¿¬·ª» É¿®¼ Ð´¿² ÿø îê þ÷ Ú þ÷ Ç yzx íç } | ëï yzx çð ïç Ø¿®³±²§ Û´»³»²¬¿®§ Í½¸±±´ } | ïì ç îð þ÷ Û îï } | ïê ïì ïè îî Õ»²²»¼§ Û´»³»²¬¿®§ Í½¸±±´ ç îí ÿø îê ï þ÷ ß ïé É¿¸·²¹¬±² Û´»³»²¬¿®§ Í½¸±±´ïì Ú·®¬ Ô«¬¸»®¿² Ý¸«®½¸Ø¿®®·±² Û´»³»²¬¿®§ Í½¸±±´ ç ïë çç îì î } | ïì Ó¿¼·±² Û´»³»²¬¿®§ Í½¸±±´ ïî ç Ó«²·½·°¿´ Þ«·´¼·²¹ ïí ë ç Ø»¼¾»®¹ Ð«¾´·½ Ô·¾®¿®§ ç ÿ ø í ïï þ÷ ÓÓ îë ì Î±¬¿®§ Ù¿®¼»² ÿ ø ç ïï ïï þ÷ Ñ } | ïì ÿ é ø ïï y xz íç yzx çð Û¼·±² Ó·¼¼´» Í½¸±±´ ç } | ÿø ëï ïï è ÿø ïï þ÷ Ö ç ê Ì»²¿¬·ª» É¿®¼ Ð´¿² É¿®¼ ïÉ¿®¼ ïì ÿ ø É¿®¼ îÉ¿®¼ ïë ïï É¿®¼ íÉ¿®¼ ïê É¿®¼ ìÉ¿®¼ ïé ïð É¿®¼ ëÉ¿®¼ ïè É¿®¼ êÉ¿®¼ ïç É¿®¼ éÉ¿®¼ îð É¿®¼ èÉ¿®¼ îï É¿®¼ çÉ¿®¼ îî þ÷ Ù É¿®¼ ïðÉ¿®¼ îí É¿®¼ ïïÉ¿®¼ îì É¿®¼ ïîÉ¿®¼ îë É¿®¼ ïí ò É·½±²·²ù Ð¿®µ Ð´¿½» ðêôðððïîôððð Ý·¬§ ±º Ö¿²»ª·´´» ç Ì»²¿¬·ª» Ð±´´·²¹ Í·¬» ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ ï ·²½¸ »¯«¿´ êôððð º»»¬ Ü¿¬»æ êÄïíÄîðïï Õò Þ»²¦ô Ð´¿²²·²¹ Í»®ª·½» Ó¿° Ô±½¿¬·±²æ ÍæÄÐ®±¶»½¬ÄÝ´»®µÄÉ¿®¼ÄÌ»²¿¬·ª» Ú·²¿´ É¿®¼ Ð´¿² ßÐò³¨¼ Ü×ÍÝÔß×ÓÛÎæ Ì¸· ¼¿¬¿ · °®±ª·¼»¼ ¾§ ¬¸» Ý·¬§ ±º Ö¿²»ª·´´» º±® ·²º±®³¿¬·±²¿´ °«®°±» ±²´§ò Ì¸» Ý·¬§ ¼±» ²±¬ ©¿®®¿²¬ ±® ¹«¿®¿²¬»» ¬¸» ¿½½«®¿½§ ±® ®»´·¿¾·´·¬§ ±º ¬¸· ¼¿¬¿ò Ì¸» ®»½·°·»²¬ ±º ¬¸· ¼¿¬¿ ¿«³» ¿²§ ®·µ ±º ·¬ «» º±® ¿²§ °«®°±»ò CITY ATTORNEY’S OFFICE MEMORANDUM July 5, 2011 TO: Common Council FROM: Wald Klimczyk, City Attorney SUBJECT: Second Reading, public hearing and action on a proposed ordinance repealing the current “ward supervisors” ordinance 2.08.080 concerning members-elect of the Rock County Board. (File Ordinance 2011-483) Summary This is the second reading and a public hearing of a proposed ordinance repealing Janesville Ordinance 2.08.080 concerning the meaning and application of the term “Ward Supervisors”. Background Questions have come up over time of what the purpose of the “ward supervisors” definition is in the City of Janesville ordinances. The City Attorney has done research which includes the timing of the ordinance and what staff believes to be the intent of the ordinance. Based upon the research on the timing of the redistricting, attached is proposed File Ordinance 2011-483 repealing current Ordinance 2.08.080. City Manager Recommendation This ordinance meets the current structure as shown in the history of the “Ward Supervisors” language. Discussion This version of proposed File Ordinance No. 2011-483 repeals JGO 2.08.080 in its entirety. The earlier version proposed to amend the current ordinance concerning “Ward Supervisors” to make it clearer that it applies exclusively to representative members- elect to the Rock County Board of Supervisors. Either approach is recommended. Either way, the terms of office and number of supervisors from supervisory districts in Rock County are matters exclusively under the control of the County Board. The City of Janesville has no say in that. That’s by statute. County Supervisors are governed by Chapter 59 of the Wisconsin Statutes. The specific statute subsections pertaining to i County supervisors are set forth in the endnotes below. 1 There is no reference to a “supervisor” or “ward supervisor” in the Wisconsin statutes that apply to Wisconsin cities, e.g. those contained in Chapters 62, 66, and especially no in Chapter 64 that governs Council-Manager local government in Wisconsin. Furthermore, Janesville’s Charter and related ordinances show council members as being elected at-large – not from wards. A footnote appearing on Page 2-7 of the Code of General Ordinances concerning JGO 2.08.080 references Wis. Stats., sub Secs. 62.09(1), (4), (5) and (7). Yet, none of those subsections addresses this term and none establish “ward supervisors” in any manner as Janesville’s governing body. The Page 2-7 footnote reference in the current ordinance book is to the 1973 statutes. That infers that current JGO 2.08.080 was adopted or amended in 1973, or thereabouts. At least the footnote reference was added at that time. Historical Background: Before Janesville became a Council-Manager form of local government by referendum charter ordinance in April of 1923 during the management of Henry Traxler, the Wisconsin Legislature in 1853 enacted Chapter 93, Chapter I, Section 1.,(see Attachment A) creating the City of Janesville as a Wisconsin city with the general powers of a Wisconsin city customary for that time. The original territory for Janesville was as set forth in Section 2 of that law. (see Attachment A.) Section 15 of that law reads as follows: “Sec. 15. The aldermen in each ward elected for two years shall be in the order of their election members of the county board of Supervisors, with all the rights, duties, and liabilities of the chairman of the board of Supervisors of the several towns.” (see Attachment A, pg. 2.) At one time, therefore, Janesville city council members also served as supervisors on the Rock County Board of Supervisors. The legislative note appearing to the right of Section 15 of that state law confirms this dual role at that time: “Aldermen members of Board of Supervisors.” This was changed when the voters of Janesville adopted the council-manager form of government charter ordinance in 1923. That is mostly now codified in Chapter 64 of the Wisconsin statutes. No longer do city council members also serve as supervisors on the Rock County Board of Supervisors. There is no provision for that either in Janesville’s council-manager government charter ordinance or in Wis. Stats. Chapter 64, There have also been numerous changes to Chapter 59 of the Wisconsin statutes governing Wisconsin counties and the composition, membership, and representational districts of county boards. City ordinance does not control any of those areas any longer. For some reason, JGO 2.08.080 – under different numbering over time -- remained in some form in the City’s Code of Ordinances. No one got around to repealing it previously. 2 Conclusion : Common sense also precludes what in essence would be simultaneous two governing bodies for the City of Janesville – the current seven member common council elected at large, established under Wis. Stats. Sec. 64.07; and a separate concurrent 64 member ii ward supervisors governing body if an erroneous interpretation were applied. Accurate reading of current JGO 2.08.080 in context with the legislative section’s history precludes the erroneous legal construction, interpretation, and application of JGO 2.08.080. This ordinance does not mean or intend including 64 “ward supervisors” as Janesville’s governing body, let alone 64 “ward supervisors” plus a separate and distinct seven member common council elected at large under Wis. Stats. Ch. 64. Adopting the proposed ordinance repealing current JGO 2.08.080 would eliminate the interpretive, construction, and application errors from future occurrence. Jt Attachment CC: Eric J. Levitt, City Manager Jacob J. Winzenz, Dir. of Admin. Services/Asst. City Mgr. J:\Attorney\Word\Shared\Ward Supervisor Ord REPEAL ONLY Wald Cover Memo 062711.doc i 2.08.080 Ward supervisor--Term of office “. The term of office of supervisor from each ward in the city shall be two years.” The statute closest in language to the City ordinance concerns county board of supervisors: “59.10(1)(b) (b) Terms. The term of office of supervisors is 2 years.” In a footnote on page 2-7 of the Code of Ordinances: “… For further provisions concerning ward supervisors, see Wis. Stat. 1973, s. 62.09(1), (4), (5) and (7)...” 62.09(1), (4), (5) and (7) do not speak about “ward supervisor.” “Supervisor” is a term that refers to the representative serving on a county board of supervisors. The term “supervisor” only appears in relation to a member-elect of a county board of supervisors. A county board of supervisors is the governing body of a county in Wisconsin. 59.001(1) (1) "Board" means the county board of supervisors. 59.001(2m) 3 (2m) "Members-elect" means those members of the governing body of a county, city, village or town, at a particular time, who have been duly elected or appointed for a current regular or unexpired term and whose service has not terminated by death, resignation or removal from office. 59.02(1) (1) The powers of a county as a body corporate can only be exercised by the board, or in pursuance of a resolution adopted or ordinance enacted by the board. 59.02(2) (2) Ordinances may be enacted and resolutions may be adopted by a majority vote of a quorum or by such larger vote as may be required by law. Ordinances shall commence as follows: "The county board of supervisors of the county of .... does ordain as follows". 59.02(3) (3) A majority of the supervisors who are entitled to a seat on the board shall constitute a quorum. All questions shall be determined by a majority of the supervisors who are present unless otherwise provided. 59.10(1)(a) (a) Number of supervisors and apportionment of supervisory districts. In each county with a population of at least 500,000, sub. (2) (a) and (b) applies. In counties with a population of less than 500,000 and more than one town, sub. (3) (a) to (c) applies. In counties with one town only, sub. (5) applies. 59.10(1)(b) (b) Terms. The term of office of supervisors is 2 years. A board may determine whether the terms shall be concurrent or staggered. Supervisors shall be elected at the election to be held on the first Tuesday in April next preceding the expiration of their respective terms and shall take office on the 3rd Tuesday in April following their election. If the board determines that supervisors shall serve staggered terms, the board shall, by ordinance, provide for a division of supervisors into 2 classes, one class to be elected for one-half of a full term and the other class for a full term and thereafter the supervisors shall be elected for a full term. The board shall publish the ordinance as a class 1 notice, under ch. 985, or as a notice, as described under s. 59.14 (1m) (b), before publication of the notice of the election at which supervisors are to be elected. The term “Ward Supervisor” only appears once in the Wisconsin statutes and then in a subsection concerning a county. 8.05(6) (6)Menominee County. In counties containing only one town candidates shall be nominated for the office of supervisors at large and by wards, and all applicable provisions of this section shall apply to their ward supervisor selection. In selecting the candidates for by caucus, the candidates for each ward shall be selected separately, and only those electors shall participate in each as are residents of that ward. Any ward candidate seeking nomination by the circulation of nomination papers shall incorporate in the nomination papers a statement that the signers are qualified electors of that ward. No statutes governing Wisconsin cities include a supervisor or ward supervisor as an elected or appointed member of a city governing body. Not in Ch. 64 governing council manager government cities. ii Janesville currently has 32 wards. Proposed File Ordinance No. 2011-492 would re-divide and redistrict Janesville to 25 wards, per City Clerk-Treasurer Jean Ann Wulf’s suggested approach. 4 ORDINANCE NO. 2011 – 483 An ordinance repealing JGO 2.08.080 concerning ward supervisors. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Section 2.08.080 of the Code of General Ordinances of the City of Janesville is hereby repealed in its entirety. “2.08.080 Ward supervisor--Term of office . The term of office of supervisor from each ward in the city shall be two years.” ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Dongarra-Adams Eric 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: Council Member McDonald Prepared by: City Attorney City Manager’s Office Memorandum July 5, 2011 TO: City Council FROM: Eric J. Levitt, City Manager SUBJECT: Action on Proposed Council Policy Statement #88 – City Council Code of Conduct. Summary: The City Manager is requesting Council consideration and possible action on the attached proposed Council Policy Statement #88, which proposes a City Council Code of Conduct. This policy proposal was requested by Council President Brunner and Councilmember Voskuil. Background: In March of 2011, the City Attorney researched other cities’ policies that contained both Ethics policies and City Council Codes of Conduct. Many cities in both the State of Wisconsin and other states have established City Council Codes of Conducts. The City Council reviewed the proposed Council Policy Statement #88 and created multiple th changes with the request that the item be presented at the July 11 Council meeting for further review and comment. The attached document is redlined so that the Council can view the changes in the document. This memo will highlight the substantive changes made in the proposed Council Policy Statement #88:  Change in Conduct of Officials consistent with City Council discussion.  A change has been proposed on performance of duties (that was not discussed). This change is an attempt to place the burden on an individual Council member if they use personal media communication rather than City provided communication to perform City business. There are other methods to manage this such as requiring an individual to provide disclosures that it is not a City site and that it does not represent the view of the City.  The electronic devices changes reflect the items discussed at City Council.  Use of public resources reflects the City Council discussion. Item 4 in this section reflects the concerns discussed by Councilman McDonald.  The Advocacy change proposed was not discussed by Council, but other policies were used as an example.  The sanctions is proposed in a way to provide an element of enforcement, but is presented in a way to limit the ability to have it abused.  A disclosure statement on both written materials and other communications could state: The information and views contained herein are solely my own in my private “ capacity as a citizen and resident, and do not represent any official position or action taken by the Common Council of the City of Janesville.”  One additional item not referenced in the policy, but requested for consideration by Councilman Rashkin would be to limit the terms of Council members to serve on specific City Commissions. This would reflect similar limitation placed on volunteers currently. City Manager Recommendation: The City Manager is looking for City Council input on the proposed Council Code of Conduct. I believe that a policy such as Council Code of Conduct is a good tool for future City Councils and will continue to be a living document. Attachment:  Revised Council Policy #88 CITY OF JANESVILLE Policy No. 88 Page 1 of 7 CITY COUNCIL POLICY STATEMENT Date Issued General Subject: Administration Effective Date: Specific Subject: City Council & Commissions Code of Conduct Cancellation Date: Supersedes No. PURPOSE: It is the policy of the City of Janesville to uphold and promote ethical conduct from the elected and appointed public officials. The city council recognizes the importance of establishing the ethical principles, rules, and laws that guide elected officials and members of appointed boards, commissions, and committees, herein referred to as public officials. STATEMENT OF POLICY: Public officials are to maintain the highest standards of personal conduct, integrity, truthfulness, and fairness in carrying out their public duties. Responsibility of Public Office: The primary goal of public officials is working for the common good of the City of Janesville and in the public’s best interest. Compliance with Law: Public officials are agents of the public purpose and are therefore obligated to uphold the laws of the nation, state, county, and city. Conduct of Officials: The conduct of public officials shall be above reproach and avoid the appearance of impropriety. Public officials may disagree during debate ofissues however the debate should be civil and cordial. Public officials shall refrain from abusive conduct, personal charges, or verbal attacks upon the character or actions of other council members or of members of boards, commissions, committees, city staff, or the public. Performance of Duties: 1. Public officials shall perform their duties with diligence and in accordance with the rules of order established by the city council, board, commission, or committee conducting the meeting for the deliberation of public policy issues, and implementation of policy decisions of the city council by city staff. The involvement by citizens or citizen opinion regarding public policy issues shall be meaningful and fully considered. 1.2. The City has provided a variety of means for citizens to communicate with the Council. It is intended for Council members to use the City e-mail addresses and the City website and social media sites to receive communication from CITY OF JANESVILLE Policy No. 88 Page 2 of 7 CITY COUNCIL POLICY STATEMENT Date Issued General Subject: Administration Effective Date: Specific Subject: City Council & Commissions Code of Conduct Cancellation Date: Supersedes No. citizens. It is highly discouraged for Council members are strongly discouraged fromto utilizinge their personalprivate electronic media (email, facebook pages, blogs, test messaging, etc.) to communicate on City business. If a Council member chooses to do so then, it is solely their responsibility to conform with the public records law. Public Meetings: (1) Public officials shall prepare for meetings to conduct the business of the City of Janesville in a meaningful manner regarding the public issues to be debated. Public officials will listen courteously and attentively to all public discussion before the body and focus on the business being conducted. (2) Public officials shall refrain from interrupting other speakers, making personal comments not related to the public discussion or otherwise interfere with the orderly conduct of the meeting. Electronic Devices: (1) Cell phones, smart phones, I-pads, etc. shall be set aside, silenced or turned off so as to not interfere, distract, or disrupt the conduct of the public meeting. (2) Electronic devices may be used in the conduct of the meeting should the public official need to use the calendar or refer to notes regarding the subject under discussion. (3) Electronic devices may be used to search the internet to research a question under discussion only after the public official has advised the council president or board, commission, or committee chair of their intent and purpose to use the device. The individual may not use the electronic device to communicate with individuals not at the meeting due to concerns with Open Meeting Laws. (4) Electronic devices shall not be used for text messaging, social media, entertainment or any other miscellaneous purpose during the meeting. (5) Should a city council member or other public official because of an emergency or urgent need be required to use their cell phone or other electronic device CITY OF JANESVILLE Policy No. 88 Page 3 of 7 CITY COUNCIL POLICY STATEMENT Date Issued General Subject: Administration Effective Date: Specific Subject: City Council & Commissions Code of Conduct Cancellation Date: Supersedes No. during the meeting the council member or public official will excuse themselves from the dais or meeting and go to an adjacent room or area to use the device so as to not interfere, distract, or disrupt the conduct of the meeting. Deliberations and Decisions: Public officials will base their decisions on the merits and substance of the business or public policy at hand. Communication: Public officials shall publicly share with the body substantive information that is relevant to the matter under consideration by the council, board, commission, or committee, which the public official received from sources outside the public decision-making process. Conflict of Interest: Public officials should remove themselves from debate and deliberation on matters of public interest should they have a material financial interest or personal relationship, which may give the appearance of or be a direct conflict of interest as set forth in Wisconsin Statutes 19.46. Public officials should avoid action, whether or not specifically prohibited, which may result or create the appearance of direct conflict of interest. Gifts, Gratuities, and Favors: (1) Public officials shall comply with the requirements of Section 19.59(1)(a)(b), WI Statutes relating to the acceptance and reporting of gifts, gratuities, and favors. (2) No public official shall accept anything of value, whether in the form of gift, service, loan, or promise from any person which may tend to influence his/her independence of judgment or action in the performance of their duties or grant in the discharge of their duties any improper favor or service of value. Confidentiality of Information: (1) Public officials shall not disclose to anyone any information concerning city property, personnel, litigation, or proceedings of the city, other than public information or with legal authorization that was obtained as a result of their positions with the city. This shall not be construed to limit, hinder, or prevent the divulgence or use of information in the performance of official duties, but shall prohibit the use of or providing information that would place the official or recipient in a vantage position over the general public and thereby constitute a violation of public trust. (2) Information obtained in closed session of the city council shall be confidential until such time as that information is legally allowed or required to be made public. CITY OF JANESVILLE Policy No. 88 Page 4 of 7 CITY COUNCIL POLICY STATEMENT Date Issued General Subject: Administration Effective Date: Specific Subject: City Council & Commissions Code of Conduct Cancellation Date: Supersedes No. (3) Confidential information shall include, but not be limited to, any written information which is not subject to disclosure as provided in Wisconsin’s Public Records Laws. Confidentiality of Information: (1) Public officials shall not disclose to anyone any information obtained during and/or in relation to any closed session, the disclosure of which is: (A) prohibited by law, e.g. certain personnel or employee information rendered confidential or prohibited from release by Federal or State law, such as, but not limited to, social security numbers, driver license information, health matters, medical payments, or personal or family financial information under 19.85(1)(b), (c), or (f), 19.35(1)(am)1., 19.35(1)(am)2., 2(a), 2.(b), or (2)(c), 19.356, 19.36(2), 19.36 especially 19.36(10) concerning certain personnel and employment records and information, 19.36(13), 103(13)(6) especially 103(13)(6)(e); (B) prohibited from disclosure during the pendency of a quasi-judicial hearing before the council and/or a committee, board or commission upon which the council member sits; and/or (C) that would undermine or jeopardize, tend to or potentially undermine, obstruct, and/or jeopardize, the financial, legal, strategic, or best interests of the City, such as, but not limited to, collective bargaining strategies, real estate or contract negotiations, and legal advice during the pendency of the matter. Use of Public Resources: (1) The use of city facilities, equipment, vehicles, supplies, on-duty personnel, or other goods or services is limited to city business. Public resources may not be used except on the same basis that the resources otherwise would be available to the general public. Rental or usage fees may not be waived except in accordance with city policy. (2) A public official may use the city’s name, letterhead, logo, or seal only when it is used representing the City of Janesville or the body as a whole and only with the prior consent of the council, council president, or city manager. CITY OF JANESVILLE Policy No. 88 Page 5 of 7 CITY COUNCIL POLICY STATEMENT Date Issued General Subject: Administration Effective Date: Specific Subject: City Council & Commissions Code of Conduct Cancellation Date: Supersedes No. (3) A public official shall not utilize the city’s name, letterhead, logo, or seal for the purpose of endorsing any political candidate., (3)(4) A public official shall not utilize the city’s name, letterhead, logo or seal for the purpose of recognizing a business, commercial product, or service unless specifically authorized by the City Council as a whole or due to an agreement with the City.. Representative of Private Interests: City council members shall not appear on behalf of the private interests of third parties before the council or any board, commission, committee, or proceeding of the city. Public officials of boards, commissions, and committees shall not appear before their own bodies or before the city council on behalf of the private interest of third parties on matters related to the areas of service or their board, commission, or committee. Advocacy: (1) Public officials shall represent the official policies and positions of the city council, board, commission, or committee to the best of their ability when designated as delegates for this purpose. (2) Public officials when representing their personal opinions and positions shall state that they are not representing the City of Janesville, city council, board, commission, or committee but expressing their personal view. This should be clearly written when it is in a written document or stated at a speech. The purpose of this section is in order to provide clarification to the public when an individual represents their own view versus a City position. (3) Sections 1 & 2 do not apply when a Council member is at a non-political event or when attending a City ceremony. Policy Role of Members: Public officials shall adhere to the Council-Manager form of government as set forth in the City Charter and Council Policy with respect to the city manager’s relationship with the city council. The city council determines the policies of Policy Role of Members: Public officials shall adhere to the Council-Manager form of government as set forth in the City Charter and Council Policy with respect to the city manager’s relationship with the city council. The city council determines the policies of the city with advice, information, and analysis provided by the public, boards, commissions, committees, and city staff. Except as provided by city ordinance, council members shall not interfere with the administrative functions of the city or the CITY OF JANESVILLE Policy No. 88 Page 6 of 7 CITY COUNCIL POLICY STATEMENT Date Issued General Subject: Administration Effective Date: Specific Subject: City Council & Commissions Code of Conduct Cancellation Date: Supersedes No. professional duties of city staff or impair the ability of staff to implement council policy decisions. Independence of Boards, Commissions, and Committees: The independent recommendations of boards, commissions, and committees to the public decision making process is recognized as valuable and significant. Council members shall refrain from unduly influencing the deliberations or recommendations of board, commission, and committee proceedings. Harassment: Public officials shall avoid offensive or inappropriate harassing behavior. Should there be complaints of harassment such complaints will be promptly and carefully investigated in accordance with the City of Janesville Harassment Policy. Positive Work Place Environment: Public officials shall support the maintenance of a positive and constructive work place environment for city employees and for citizens conducting business with the city. City Attorney to Render Opinion on Request: Public officials subject to this policy, if in doubt to the proper interpretation or application of the Code of Conduct or Ethics law may submit to the city attorney a written statement of facts and questions. The city attorney will then render a written opinion to the official and shall publish the opinion without use of the name of the official advised unless such official permits the use of their name. Implementation: (1) The Code of Conduct for the City of Janesville is intended to be self-enforcing. Ethical standards shall be included in the orientation for candidates for city council, newly elected officials and appointed members to boards, commissions, and committees. (2) Public officials entering office will be provided a statement certifying they have read and understand the Code of Conduct (signing the statement is optional). (3) The Code of Conduct City Council Policy shall be reviewed and updated as necessary in November/December of odd-numbered years. Sanctions: 1. A determination that an elected official’s actions constitutes a violation of the Code of Conduct Policy may be cause for sanctioning in the form of a verbal or CITY OF JANESVILLE Policy No. 88 Page 7 of 7 CITY COUNCIL POLICY STATEMENT Date Issued General Subject: Administration Effective Date: Specific Subject: City Council & Commissions Code of Conduct Cancellation Date: Supersedes No. written warning, verbal or written reprimand, or censure by the city council. Sanctions and censures of a city council member may be made only by an affirmative vote of two-thirds of the members of the council present. For a City Council to consider some form of sanctioning at least 3 members must present the request to the Council President. 2. A determination that a public official’s action (member of an appointed board, commission or committee) constitutes a violation of the Code of Conduct Policy may be cause for sanctioning in the form of a verbal or written warning, verbal or written reprimand, censure, or removal from the board, commission, or committee by the city council. Sanctions or censures may be made by the simple majority vote of the city council. Removal from a board, commission, or committee shall require a two-thirds vote by the city council. Members of the Police and Fire Commission, Zoning Board of Appeals, and Plan Commission shall be exempt from the removal provision. Attachments: Chapter 19.41 to 19.59 WI Statutes Wisconsin’s Ethics Laws – Recognizing and Avoiding Conflicts of Interest League of Wisconsin Municipalities Recognizing & Avoiding Conflicts of Interest League of Wisconsin Municipalities Attorney/Word/Shared/Council Code of Ethics and Conduct Brunner June 2011.doc CITY MANAGER’S MEMORANDUM July 5, 2011 TO: City Council FROM:Eric Levitt, City Manager SUBJECT: Discussion and possible action on extending Rockport pool for two additional hours and extending the Wading pools for two additional hours. Request th At the City Council meeting on June 27, several City Council members requested that the staff bring back options for extending the hours for both Rockport pool and the wading pools. Recommendation Although I understand and appreciate the concern to continue to maintain pool hours, I am concerned as I look forward into the City’s fiscal future. These hours can be extended short-term with a small budgetary impact, but long-term I remain concerned as I look at potential cuts that face the City. If the City Council chooses to opt with option 1 or option 2, I recommend that a count be maintained for the night swimming to evaluate the value in the next budget. Suggested Motion I move to approve Option # ___ be implemented beginning the week of July 18,2011. Background Due to budget constraints entering 2011, one option presented and recommended to the City Council was to reduce hours for open swim by two hours for five days per week at Rockport Pool and reduce hours at the wading pools by two hour for seven days per week. The savings totaled $15,200 by closing for open swim. Rockport pool stays open after 5:00 p.m. for other activities such as swim lessons two days per week and lap swimming. Lap swimming requires fewer life guards than open swim at Rockport pool. In response to the budget proposal, City Councilman Rashkin created a motion to put back the two hours at the wading pool. This motion did not receive a second. Councilman Brunner then requested that the City attempt to move the hours in order have individuals who work be able to go to the pool during late afternoon and early evening hours. The City did amend the wading pool hours to being open from 12:00 p.m. to 6:00 p.m. during the Summer. In researching other locations, it appears that cities in Wisconsin have continued to operate their pools in the evening. In other parts of the country, pools have seen reduced hours and complete closures. The City Council has several options to consider as to whether it will authorize extending the hours at the wading pools and Rockport pool. If the City extends the funds come from savings that have accrued in hours, I would recommend that the other areas of the Leisure Services Department. Option 1: Open Rockport Pool for two additional hours after lap swimming has concluded. This will create a second open swim session from 6:00 p.m. to 8:00 p.m. Season Pass owners would use their passes for admittance and the City could charge $1 for the second session. The additional cost would be $4,600 due to half the season being concluded. The revenues would partially offset the cost. Option 2: Do option 1 and open the wading pools for 1 additional hour. This would increase the cost a total of $6,100 for the full option. Option 3: Maintain the current hours. No cost impact. Attachments:  2011 budget reduction  Wisconsin City Comparisons Community Development Department Memorandum Date: July 1, 2011 TO: Janesville City Council FROM: Gale S. Price, AICP, Manager of Building and Development Services SUBJECT: City Council Authorization to Allow the Submittal of a Grant Application for Restoration of Doors for the Tallman House. _____________________________________________________________________ The Community Development Department has been contacted by Judy Adler who is working with the Monterey Questers, one of four local chapters of Questers in the Janesville area. The Questers was founded in 1944 to further knowledge and education about antiques and to encourage the preservation, restoration, and conservation of historic buildings, sites and monuments. She and the local group are interested in applying for a grant from the Questers International Grants Fund for a project for the Tallman House. Grants up to $6,000 can be obtained from the international organization for local preservation projects. The Monterey Questers most recently received international grant to restore the four exterior doors to the side porch and solarium. Previous international and state grants have been used to fund restoration work on artifacts in the Tallman House in collaboration with the Rock County Historical Society. The first grant ever released by the international group was for the Tallman House in 1971. Restorative construction on a publicly-owned historic building is eligible for a grant. Monterey Questers members have reviewed the rehabilitation needs of the Tallman House and have identified restoration of the storm windows for the house as a project that would fit into the grant guidelines. The project would include restoration of all 10 front storm windows and any additional funds raised by the Monterey Questers through their own fundraising efforts would be applied towards restoration of the 8 south windows. International grants will be awarded in May of 2012 and the work must be completed within one year of the award. Because the Tallman House is a City-owned building, the City Council must grant authorization to apply for the grant and implicitly use the funds for this restoration effort. The Community Development Department supports authorization of the Monterey Questers to proceed on their grant application. Recommendation The Community Development Department recommends that the City Council support a motion to give authorization to the Monterey Questers to submit an application for a grant for restoration of the upper level, main portion storm windows for the Tallman House to the International Grants Fund. City Manager Recommendation The City Manager concurs with the Community Development Department recommendation and appreciates the Monterey Questers efforts. cc: Eric Levitt Jacob Winzenz DEPARTMENT OF PUBLIC WORKS MEMORANDUM 1 July 2011 TO: City Council FROM: Mike Payne, Engineering Manager SUBJECT: AWARD OF BID SCHEDULE “C” – 2011 CONTRACT 2011-13, TALLMAN HOUSE ROOF, SOFFIT & CHIMNEY HISTORIC RESTORATIONS Summary Bids for the one contract under Public Works Bid Schedule “C”-2011, 2011-13, Tallman House Roof, Soffit & Chimney Historic Restorations, were opened on Wednesday, June 22, 2011. The low bid was found to be responsive and acceptable. Recommendation Following review by the Council, the Engineering Division recommends award of Contract 2011-13 base bid and all alternates to the low bidder and that the City Council express their intent to include funding in the 2011 Note Issue for a portion of this project. City Manager Recommendation The City Manager recommends approval of the low bid. Suggested Motion I move to award Contract 2011-13 base bid and all alternates to the low bidder and express an intent to include funding in the 2011 Note Issue for a portion of this project. Background Contract 2011-13, Tallman House Roof, Soffit & Chimney Historic Restorations This project includes work necessary for repair and restoration of chimneys, soffits, friezes, new downspouts, and replacement of three roofs and built-in gutter systems at the Tallman House. The new prefinished standing seam metal roofs will be replaced with a colonial red color which is historically accurate to the property. The State Historical Society is aware of the project details and the Rock County Historical Society supports the project and the red roof. The Tallman House structure has three separate roofs – upper, mid level, and lower. The upper roof covers the main house. The base bid includes repair of all 5 chimneys above the roof line, repair and restoration of the soffit, provides new downspouts, reconstructs the internal gutter, and replacement of the leaking terne coated iron plate roof for the Cupola and upper roof only. There were three alternate bids for this project as described below: AWARD OF PUBLIC WORKS BID SCHEDULE “C” – 2011 1 JULY 2011 – PAGE 2.  Alternate Bid Item A – repair and restoration of the frieze, brackets, and windows on the UPPER ROOF LEVEL only. The frieze is the vertical wooden portion immediately below the soffit. The frieze and brackets include wood and metal ornamental components.  Alternate Bid Item B – replacement of the leaking roof, reconstruction of the internal gutter, repair and restoration of the fascia and soffit, and repair and restoration of the frieze and brackets of MID LEVEL ROOF only.  Alternate Bid Item C – replacement of the roof, reconstruction of the internal gutter, repair and restoration of the fascia and soffit, and repair and restoration of the frieze and brackets of the LOWER ROOF LEVEL only. Although we contacted and spoke with twelve general contractors capable of performing this work, we only received two (2) bids for this project, with Gilbank Construction, Inc. providing the low bid. The bids are within the estimates included in the Tallman House Conditions Report prepared by Engberg Anderson. The Engineering Division is recommending award of the base bid and all alternates for this contract to Gilbank Construction, Inc., Clinton, Wisconsin, in the amount of $696,000. The bids received are shown below: 2011-13 TALLMAN HOUSE ROOF, SOFFIT & CHIMNEY HISTORIC RESTORATIONS Gilbank Construction, Inc. Base Bid: $397,000 301 Scot Drive, P.O. Box 718 Alternate Bid A: $73,000 Clinton, WI 53525 Alternate Bid B: $115,000 Alternate Bid C: $111,000 Eugene Matthews, Inc. Base Bid: $690,315 2600 S. 25th Avenue Alternate Bid A: $127,083 Broadview, IL 60155 Alternate Bid B: $207,661 Alternate Bid C: $210,636 Property Conditions Report Engberg Anderson was hired in 2008 to prepare a Conditions Report of the Tallman House Structure. A final report was submitted to the City in February 2009 which outlined an estimated $2.84 million of necessary repairs to the structure including a 15% contingency. Engberg Anderson strongly recommends a 15% contingency be included for Tallman House Improvements due to the age of the structure and the unexpected conditions that may be uncovered once the project begins. Based on a similar scope of work for the items bid in this contract, the table below compares the conditions report estimate with the low bid received: AWARD OF PUBLIC WORKS BID SCHEDULE “C” – 2011 1 JULY 2011 – PAGE 3. 2009 Conditions Report 2011 Low Bid Received Contract Scope of Work $738,853 $696,000 15% contingency $110,900 $104,000 $849,753 $800,400 Since the completion of the report in 2009, approximately $85,000 worth of improvements have been completed at the Tallman House using public and private funds. Following completion of this contract base bid and all alternates, the remaining work is estimated to cost $1.5 million over the next 6 years. This estimate does not include an additional $500,000 included in the conditions report relating to interior aesthetics and temporary repairs which are not anticipated to occur. Fiscal Impacts Tallman House Funding Tallman House Capital Projects Fund Balance $518,000 Proposed 2011 Note Issue $200,000 ($500,000 in budget) Rock County Historical Society $75,000 $793,000 Tallman House Expenses Base bid and all alternates $696,000 15% contingency $105,000 Balance of A/E fees (total fees = $46,400) $16,740 Estimated value engineering from contractor - $30,000 $787,740 Funding for Contract 2011-13 comes from several sources including previous Note Issues, Rock County Historical Society, and the 2011 Note Issue. The 2011 Capital Improvement Program anticipated $500,000 for Tallman House Improvements. After bids were opened, Engineering staff talked with the designer and low bidder about several concepts to make the project more economical. These discussions are ongoing, but based on input from the contractor and concurrence from the designer, it appears there could be approximately $30,000 in savings from substituting materials or modifying the construction methods. Engineering and the contractor intend to execute a change order following award of the contract base bid and all alternates resulting in a savings to the project. cc: Eric Levitt Jay Winzenz Carl Weber Community Development Department Memorandum July 11, 2011 TO: Janesville City Council FROM: Al Hulick, Management Analyst SUBJECT: Action on a proposed resolution authorizing the sale of land to Wisconsin Department of Transportation (WisDOT) to accommodate the State Highway 26 Corridor Expansion Project (North Wright Road overpass) (File Resolution No. 2011-820). SUMMARY The State Department of Transportation has commenced the right-of-way acquisition process to facilitate expansion of STH 26 on the City’s north side. One of the properties identified for the planned construction of an overpass to accommodate North Wright Road is owned by the City of Janesville. The property includes approximately 3 acres of land adjoining the Ridges of Rock County subdivision on the north side of STH 26. This property is part of an Outlot conveyed to the City at the time of subdivision plat approval in 2006 (see attached map). DEPARTMENT RECOMMENDATION The Plan Commission and Community Development Department recommend that the City Council support a motion to approve Resolution No. 2011-820 authorizing the sale of land to the Wisconsin Department of Transportation (WisDOT) to accommodate the State Highway 26 (STH 26) expansion project to be consistent with established City plans and further recommend that the City Council proceed with the land sale. The City Council should be advised that the Plan Commission has not reviewed the financial aspects of this transaction. CITY MANAGER RECOMMENDATION The City Manager concurs with the recommendation to approve the sale of land to Wisconsin Department of Transportation (WisDOT) to accommodate the State Highway 26 Corridor Expansion Project (North Wright Road overpass) for an appraised price of $523,800. ANALYSIS A. The subject property includes a 130,940 square foot parcel of land located north and adjoining STH 26. It is part of an approximate 9-acre outlot that was platted as part of the Ridges of Rock County subdivision. The outlot was dedicated to the City of Janesville for public purposes and is partially developed with storm water detention pond facilities. The area proposed for acquisition by WisDOT for right-of-way purposes will not conflict with existing drainage facilities presently constructed on the site. B. The North Wright Road overpass is one of many transportation improvements planned as part of the STH 26 expansion project. Following construction of the overpass, the temporary connection of North Wright Road to STH 26 will be eliminated to restrict direct access to the highway north of Janesville. C. The proposed sale of land is consistent with established transportation plans developed by the Janesville Area Metropolitan Planning Organization (MPO). The STH 26 expansion is a committed projected included in the 2005-2035 Long Range Transportation Plan and has been programmed by WisDOT within the 2011-2016 Transportation Improvement Program, a federally mandated planning document that lists all transportation projects using state and federal funds. Construction on the Janesville segment of the project is scheduled to commence in 2012. D. The proposed property sale is also consistent with the Comprehensive Plan which recommends that the City accommodate the future development and improvement of major highway projects. The Plan specifically identifies advancing the project through right-of-way acquisition by WisDOT for STH 26 northeast to Milton. E. State Statutes require that the Plan Commission review any proposed sale of land to determine if it is consistent with established City plans. Based on staff’s analysis, this purchase is consistent with the Long Range Transportation Plan and Comprehensive Plan. WisDOT has offered to compensate the City of Janesville $523,800 for this acquisition. The offer is based on the fair market value of the property, as determined by an appraisal conducted by WisDOT. PLAN COMMISSION ACTION – 5 JULY 2011 Duane Cherek, Manager of Planning Services, presented the written staff report. There was a motion by Commissioner Consigny with a second by Commissioner Dongarra-Adams to forward the sale of land to the Wisconsin Department of Transportation to accommodate the State Highway 26 Corridor Expansion Project (North Wright Road overpass) to the City Council with a favorable recommendation noting that the Plan Commission has not considered the financial aspects of this transaction. The motion carried on a 5-0-0 vote. cc: Eric Levitt Jay Winzenz RESOLUTION NO. 2011-820 A resolution authorizing the sale of City land to the Wisconsin Department of Transportation (WisDOT) to accommodate the State Highway 26 Corridor Expansion Transportation Project (North Wright Road overpass). WHEREAS , the City of Janesville, Rock County, Wisconsin, is the owner of a certain piece of real property located in the northeast part of the City within the Ridges of Rock County subdivision, legally described as follows: Parcel 39 of Transportation Project Plat 1390-04-93 – 4.05, recorded in Transportation Project Plats, TPP – 57, as Document 1915792, recorded in Rock County, Wisconsin; and WHEREAS , The Wisconsin Department of Transportation (“WisDOT”) finds, in order to accommodate the State Highway 26 Corridor Expansion Project and future construction of the North Wright Road overpass, that a portion of land owned by the City of Janesville is needed for road purposes; and WHEREAS , Wis. Stats. §§ 62.22 (1), 62.23 (17) (a), 62.23 (17) (b), 66.0101, 62.11(5) and Chapter 32 and other pertinent Wisconsin Statutes permit the City of Janesville to find City land surplus and to sell, lease, and/or otherwise convey said land; and WHEREAS , the Common Council hereby find and declare this particular parcel of City owned real property surplus and no longer necessary for City uses or purposes; and WHEREAS , the Common Council hereby find this sale and conveyance to WisDOT of benefit to and in the interests of the City and its residents, businesses, and taxpayers; and WHEREAS , on July 5, 2011, the Janesville Plan Commission reviewed the sale of land to the Wisconsin Department of Transportation and found it to be consistent with City plans, but did not review the financial aspects of this transaction; and WHEREAS , the Wisconsin Department of Transportation has offered to purchase this parcel of land, containing 130,940 square feet, from the City of Janesville for the sum of Five Hundred Twenty-Three Thousand Eight Hundred and 00/100 Dollars ($523,800.00). NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville that they hereby approve and authorize the City Manager and/or his designee(s), on behalf of the City of Janesville, to sell and convey, and to close upon, the City’s sale and conveyance in fee simple of the above described surplus real property to WisDOT to accommodate the State Highway 26 Corridor Expansion Transportation Project (North Wright Road overpass); and BE IT FURTHER RESOLVED that the City Manager and/or his designee(s) may, from time to time, negotiate, draft, amend, execute and enter into such contracts, documents, agreements and amendments, and to take such other actions as the City Manager and/or his designees may deem from time to time necessary or desirable to effectuate the intent of this resolution. Motion by: ADOPTED: Second by: Councilmember Aye Nay Pass Absent APPROVED: Brunner Dongarra-Adams Liebert Eric J. Levitt, City Manager McDonald Rashkin ATTEST: Steeber 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 and City Attorney q Ô»¹»²¼ ÍËÞÖÛÝÌ Í×ÌÛÝ×ÌÇ Ô×Ó×ÌÍ Ü¿¬»æ éñîçñîðïï Í½¿´»æ ïþã ìððù Ó¿° Ý±±®¼·²¿¬»æ Îóîí ÔÑÝßÌ×ÑÒ ÓßÐ Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ Òò É®·¹¸¬ Î¼ò Ñª»®°¿ Ð®±°»®¬§ ÓßÐ ï ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ ÍæÐ®±¶»½¬ÄÐ´¿²²·²¹ÄÝ¿»ÄÝ¿»óîðïïÄÎóîíÁØ©§ îê É®·¹¸¬ Î¼ Ñª»®°¿ò³¨¼ CITY MANAGER’S MEMORANDUM June 23, 2011 TO: City Council FROM: Eric J. Levitt SUBJECT: Historic Commission Appointment Request I request the Council confirm the appointment of the Council President. Recommendation The City Manager recommends that the Council confirm the appointment of the Council President. Motion I move to confirm the appointment of the Council President. Summary Recently the Citizens Advisory Committee on Appointments met to make their recommendation for the Historic Commission vacancy. Please find below their Council President Brunner is appointing the volunteer recommendation. recommended by the Committee. The unapproved minutes of the Committee’s meeting, a listing of all citizens that volunteered (fact sheet), and the application of the recommended volunteer are included for your reference. Eligibility To be eligible for an appointment to a standing committee, individuals must have interest or knowledge in the committee’s subject matter. Recommendations for Council President Appointment (confirmed by entire Council) Council President Brunner is appointing the volunteer recommended by the Committee. Historic Commission 1 vacancy Stacie Thompson The Committee recommends . Attachments: 6-23-11 unapproved minutes; fact sheet; application for recommended volunteer. Record of Citizen Advisory Committee on Appointments June 23, 2011 Page 1 Meeting of the City of Janesville Citizen Advisory Committee on Appointments held in the Municipal Building firstfloorconference roomon June 23, 2011. Committee Members Present:Ron Combs, Ed Pulliam,andLarry Squire Staff Present: Rebecca Smithand Tyler Burkart Agenda Items Roll Call The meeting began at approximately 2:30PMwithCombs,PulliamandSquirepresent. Approval of May 19, 2011meeting minutes Combsmotioned approval of the minutes.Pulliamseconded the motion and the vote was 3-0-0 in favor. Selection of recommended nominees for the following Boards, Commissions and Committees: Historic Commission Following committee discussion, Pulliam motioned to recommend Stacie Thompson fill the voting member vacancy. Combs seconded the motion and the vote was 3-0-0 in favor. The meeting adjourned at approximately 2:36PM. These minutes are not official until approved by the Citizen Advisory Committee on Appointments. Rebecca Smith, Management Assistant Page 1 Fact Sheet for Historic Commission Purpose The Commission reviews National Register nominations and promotes historic preservation awareness.The Commission also makes recommendations to the common council, and establishes guidelines and develops criteriafor construction, alteration, or demolition of improvements within a historic district. The following duties and responsibilities are taken from chapter 18.36.070 section c.ii. titled “Powers, Duties and Responsibilities of the Historic Commission.” The historic commission shall have: 1.To make recommendations to the common council that certain areas be designated as historic districts; 2.To develop an historic overlay district plan for each district designated; 3.To establish guidelines and develop criteriafor construction, alteration, or demolition of improvements within an historic district; 4.To determine an appropriate system of markers of designated historic districts; 5.To advise and assist owners, occupants or persons in charge of improvements in an historic district regarding physical and financial aspects of preservation, renovation, rehabilitation and reuse; 6.To review any applications for a certificate of appropriateness and to require the presentation of such plans, drawings, elevations and other information as may be reasonably necessary for such review; 7.To grant or deny a certificate of appropriateness to any applicant; 8.To issue a statement of waiver when required by this section; 9.To obtain certification of this ordinance title with the State Preservation Officer and with the Secretary of the United States Department of the Interior, in order to permit historic structures to qualify under this title for applicable benefits under the Tax Reform Act of 1976; 10.To develop and implement rules of procedure for hearings and meetings convened by the historic commission; 11.To promote community education, interest and support for preservation and enhancement of such historic districts. Vacancies(3-year term) 1 vacancy (1-year term) Eligibility to Serve To be eligible for an appointment to a committee, individuals must have interest or knowledge in the committee’s subject matter.Volunteers should also be available to meet at the committee’s usual meeting time. Page 2 Current Members NameAddressOccupation White Oak Construction – Bruce Dennis 216 North Terrace StreetCarpenter James Dumke2831 Carrousel LaneUpper Iowa University -Instructor 413 West Milwaukee Certified Parts Corporation - Britten Grafft#200Architecture Contractor and Property Owner of Commercial & Residential Bob Kimball510 Greendale DriveBuildings RTM -Manager of Business Timothy Maahs 202 Sinclair StreetInformationSystems Unit Janine Peterson (resigned)2617 Hawthorne AvenueUnited Way –Vice President Susan Thompson 1411 Sharon StreetRetired –Chase Bank Volunteers NameAddressOccupation Wesley Davis (re- appointedto Cable Advisory) 4210 Castlemoor DriveRetired -Part-time Teacher Unemployed –Criminal Justice Todd Erickson420 Augusta StreetStudent Jeffrey Joyner715 McKinley StreetUnemployeed Hostess Brands –Route Sales Vincent Oblak II1553 Lafayette StreetRepresentative 407South Academy Michael RhodesStreetDisabled David Siker(appointed Hampton Inn –General to Plan Commission)4115 Eastridge DriveManager Stacie Thompson4234 Baybrook DriveHomemaker The applicants below indicated on their Committee Member Application Form a desireto serve on “Any Committee”. Wesley Davis Todd Erickson Jeffrey Joyner Vincent Oblak II Michael Rhodes Economic Development Memorandum Date: July 11, 2011 TO: Janesville City Council FROM: Vic Grassman, Economic Development Director SUBJECT: Introduction of a proposed Project Plan for Tax Increment Finance District No. 35, land located at the southwest corner of STH11 and Beloit Avenue, and referral to Plan Commission for Public Hearing. (File Resolution No. 2011-816). I. Summary The City Administration is proposing to create TIF No. 35 which includes land located at the southwest corner of STH 11 and Beloit Avenue. After introduction, the City Council should refer the Project Plan to the Plan Commission for the required public hearing and recommendation. The resolution creating the TIF District will return to the Council Agenda on August 22, 2011 for consideration. II. TIF Creation Procedures Wisconsin’s Tax Increment Law (§ 66.1105) sets forth a specific procedure for the creation of a new TIF district. The Plan Commission must hold a public hearing, preceded by a Class 2 public notice. The required hearing will be held on August 1, 2011. The Plan Commission then makes a recommendation on the proposed TIF boundaries and the TIF Project Plan to the City Council. The Council must wait at least 14 days after the Plan Commission’s public hearing, prior to acting on a resolution to create the TIF District. Wisconsin Statutes also provide that a Joint Review Board composed of representatives from the City, the School District, the County, the Vocational District, and a fifth member chosen at large, meet and approve the creation of the TIF district. After Council action on the creation of TIF No. 35, the Joint Review Board must meet within 30 days to act on the creation of the TIF District. III. TIF No. 35 Description This new industrial TIF District will encompass the 224 acre “shovel ready” certified site located at the southwest corner of HWY 11 and Beloit Ave. (County G) The proposed district is being created to provide infrastructure and other related financing resources to support the development of this new business park. As the Janesville area is still recovering from the GM closure, it is extremely important for the City to effectively compete for new jobs and investment. An important element of City’s strategy is to promote Janesville’s commitment to “Speed to Market”. This means that the City will commit to assisting a new company to be able to start construction in the shortest time frame possible. Having the resources to construct roads and other related infrastructure is necessary to meet the “Speed to Market” objective. Creating TIF 35 will provide the resources to allow this to happen. IV. Recommendation The City of Janesville has successfully used tax increment financing as a development tool in economic development. The ability to provide development incentives allows the City to effectively compete with other communities for new economic development projects. If the City does not provide incentives, then our local industries will be tempted by offers of incentives from other communities. TIF No. 35 positions the City to be able to continue the industrial and commercial development along the City’s east side. The Economic Development Director recommends that the Council introduce the Project Plan for TIF No. 35 and refer it to the Plan Commission for a public hearing and recommendation. City Manager Recommendation The City Manager concurs with the Economic Development Director’s recommendation. Attachments: Resolution 2011-816 TIF No. 35 Project Plan cc: Eric Levitt Jay Winzenz Resolution No. 2011 – 816 RESOLUTION APPROVING THE PROJECT PLAN AND CREATING TAX INCREMENT FINANCE DISTRICT No. 35 WITHIN THE CITY OF JANESVILLE, ROCK COUNTY, WISCONSIN WHEREAS, the City of Janesville has prepared a Project Plan and proposed a boundary for the creation of City of Janesville Tax Increment Finance District No. 35 in accordance with the provisions of Wisconsin Statutes Section 66.1105, a copy of said Project Plan and proposed TIF No. 35 boundary are attached and herein incorporated to this Resolution; and WHEREAS, the Plan Commission has held a public hearing on the proposed creation of Tax Increment District No. 35 and the proposed boundaries thereof, and recommended the approval of the Project Plan for Tax Increment District No. 35 and the creation of the new TIF district; and WHEREAS, the Chief Executive Officer of the local school district, Rock County Board, Blackhawk Technical College, and the other entities having the power to levy taxes on the property located within the proposed Tax Increment District No. 35 have been notified, pursuant to Sections 66.1105 (4) (a) and (e), Wisconsin State Statutes; and WHEREAS, all of the land within the proposed TIF District No. 35 is currently zoned M-1 Industrial and has been found suitable for industrial development within the meaning of Sections 66.1105(4)(gm)4. a. and 66.1101, Wisconsin State Statutes, and will remain zoned for industrial purposes during the projected twenty three (23) year life of the TIF District; and WHEREAS, the project costs directly serve to promote industrial development, consistent with the purpose for which the TIF District is created, and the improvement of such areas for industrial projects will significantly enhance the value of all property within the TIF District; and WHEREAS, the TIF 35 Project Plan is feasible and in conformity with the master plan of the municipality; and WHEREAS, the aggregate equalized value of taxable property within all of Janesville's TIF Districts does not exceed seven percent (7%) of the total equalized value of property within the City of Janesville; and WHEREAS, the Project Plan for Tax Increment District No. 35 is economically feasible and has been found to be in accordance with the City's General Development Plans, Zoning Ordinance, and other relevant policies, and that this project and district are in the best interests of the City of Janesville and of benefit to its residents and taxpayers. Resolution No. 2011-816 Page 2 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville that they hereby approve the Project Plan, dated August 8, 2011, for City of Janesville Tax Increment Finance District No. 35 and create Tax Increment District No. 35 in the City of Janesville as described on the attached map and Project Plan for TIF District No. 35. 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: Economic Development Division Prepared by: City Manager’s Office TAX INCREMENT FINANCE DISTRICT No. 35 PROJECT PLAN Adopted August 22, 2011 Prepared By: Economic Development Agency Accounting Division City Manager’s Office City of Janesville, Wisconsin 18 N. Jackson St. Janesville, WI 53545 CITY OF JANESVILLE TAX INCREMENT FINANCE DISTRICT No. 35 TABLE OF CONTENTS I. WISCONSIN TAX INCREMENT LAW AND PROCESS ........................ 1 II. TIF No. 35 PLAN OBJECTIVES ......................................................... 2 III. BOUNDARIES OF TIF No. 35 ......................................................... 3 IV. EXISTING ZONING AND PROPOSED LAND USES ............................. 5 V. PROPOSED TIF PUBLIC WORKS PROJECTS AND .............................. 8 IMPROVEMENTS VI. DETAILED LIST OF ESTIMATED PROJECT COSTS ........................... 10 VII. ECONOMIC FEASIBILITY AND METHODS OF FINANCING ............. 15 VIII. PROPOSED CHANGES IN ORDINANCES, CODES, & PLANS ............ 18 IX. LIST OF ESTIMATED NON-PROJECT COSTS ...................................... 19 X. METHODS FOR RELOCATION OF DISPLACED PERSONS ................ 19 XI. PROMOTION OF THE ORDERLY DEVELOPMENT ........................... 19 MAPS 1. Map 1 TIF No. 35 Boundary Map ……………. ........................................ 4 2. Map 2 TIF No. 35 Zoning ......................................................... 6 3. Map 3 TIF No. 35 Existing Conditions and Land Use ................................ 7 4. Map 4 TIF No. 35 Proposed Improvements ................................................ 13 5. Map 5 TIF No. 35 Property Within ½ Mile of Boundary............................ 14 LEGAL AND PROCEDURAL 1. Legal Opinion From City Attorney on Project Plan…………………………20 2. TIF No. 35 Plan Adoption and Creation Resolutions………………………..22 3. Joint Review Board Resolution ……………………………………………..24 City of Janesville Tax Increment Finance District No. 35 Project Plan WISCONSIN TAX INCREMENT LAW AND PROCESS I. Under Wisconsin Statutes Section 66.1101 (1), the State declared that the policy of the State is "to encourage and promote the development of industry to provide greater employment opportunities and to broaden the State's tax base to reduce the tax burden of residents and homeowners." Locally, the City of Janesville has adopted an Economic Development Policy designed to "diversify the economic base of the City through the retention and expansion of existing businesses ...” In addition, the City seeks to attract new industries through the creation of fully improved industrial parks. One tool designed to help stimulate new development is "Tax Increment Financing (TIF)". When the State Legislature enacted the Tax Increment Law (ss 66.1105) in 1975, they found, "that the accomplishment of the vital and beneficial purposes of the Promotion of Industry Statute (ss 66.1101) is being frustrated by the lack of incentives and financial resources." One stated purpose of the Tax Increment Law, "is to create a viable procedure by which a city or village, through its own initiative and efforts, may finance projects which will tend to accomplish," the promotion of industry. The Tax Increment Law allows a community to recapture the costs of public expenditures made to stimulate new development, from the property taxes generated by the new development. Fundamental to the TIF law is the concept that new development will benefit an area broader than the municipality in which the development occurs. However, an inequity occurs because the community is left to finance the entire cost of public expenditures needed to facilitate the development. The TIF law recognizes that without the TIF expenditures, the development could not have occurred. 1 Thus, the TIF law provides that all property taxes levied on increased property value within a TIF district are retained by the community to finance the public expenditures made within the TIF district. The base value (the value that existed at the time the TIF district is created), however, continues to provide same level of revenues to other taxing jurisdictions. Once all of the public expenditures have been repaid, all taxing jurisdictions can collect taxes levied on the new property value. State statutes are very specific as to how a TIF district is created. First, a TIF project plan is developed and presented to the Plan Commission for a formal public hearing. The Commission makes a recommendation on the TIF project plan to the City Council. The Council then must pass a resolution adopting the TIF project plan and establishing the TIF boundaries. Finally, a Joint Review Board is created with members from the City, school district, county, vo-tech district, and one member at large. The Joint Review Board reviews the TIF plan and public hearing comments and approves the creation of the TIF district. Amendments to a TIF Project Plan may be made by following the same procedures. TIF project plan amendments may be necessary to revise projected budgets and/or to amend the boundaries of the original TIF district. This document will meet the statutory requirements for a Project Plan for Tax Increment Finance District No. 35. TIF No. 35 PLAN OBJECTIVES II. Industrial development activities in the City of Janesville are guided by the City's Economic Development Strategy and implemented in accordance with an Economic Development Policy. The overall goal for the City's industrial development effort is to diversify the City's economic base through the retention and expansion of existing businesses, and through the attraction of growing industrial and large regional service sector employers that will create new employment opportunities and expand the local property tax base. TIF No. 35 will advance the City of Janesville's industrial development objectives and specifically will: A. Promote industry retention, expansion, and attraction through the 2 development of a new fully improved certified industrial park, thereby creating new jobs and increased tax base. B. Provide appropriate financial incentives to encourage industrial expansion. C. Reduce the financial risk to the taxpayer by timing the implementation of the Project Plan with the creation of additional property value through industry expansions. D. Generate sufficient new property tax increments within eight (8) to ten (10) years from each specific development project within the TIF District to fully repay the City's TIF project expenditures associated with the development project. BOUNDARIES OF TIF No. 35 III. Described as follows: Pt SE. ¼ and Pt SW. ¼ Sec 13-2-12 and also Pt NE. ¼ and NW. ¼ Sec 24-2-12, 4TH PM, City of Janesville, Rock Co, WI DAF: Com NE cor sd Sec 24; th S0°18'59"E alg E L NE ¼ sd Sec 24, 400.21'; th N88°27'04"W 33.02' to W L CTH G and POB; th N88°27'04"W 3826.97' m/l; th N0°02'51"W 1704.64' to N L SE ¼ SW ¼ sd Sec 13; th S89°02'36"E alg sd N L 1291.03' to NE cor sd SE ¼ SW ¼ sd Sec 13; th N0°00'24"E alg N-S CL sd Sec 13, 1283.03' to S L STH 11; th S88°41'40"E alg sd S L 1757.16' to W L Lot 1 CSM rec in Vol 8 Pgs 114-115; th S1°18'01"W alg sd W L 217.05' to SW cor sd CSM; th S88°42'05"E alg S L sd CSM 110.0' to SE cor sd CSM; th N1°18'01"E alg E L sd CSM 200.0'; th S88°41'40"E 70.0' to NW cor Lot 1 CSM rec in Vol 9 Pgs 132-133; th S1°18'01"W alg W L sd Lot 200.0' to SW cor sd Lot; th S88°42'05"E alg S L sd Lot 115.05' to SE cor sd Lot; th N1°18'01"E alg E L sd Lot 200.0' to S L STH 11; th S.88°41'40"E 163.80' alg sd S L STH 11; th S71°01'05"E alg sd SL 293.11' to W L CTH G; th S05°31'29"E 429.43' alg sd W L; th cont S alg sd W L 187.2' m/l to pt on N L CSM rec in Vol 15 Pgs 135-136; th N88°34'17"W 7.0' m/l to NE cor Lot 1 sd CSM; th S alg E L sd Lot 1 570.00' to SE cor sd Lot; th S88°34'17"E 7.0' m/l to W L sd CTH G; th S alg sd W L 1722.62' m/l to POB. 6-17-126, 6-17-126.4, 6-17-126.6,pt 6-17-125, pt 6-17-212, & pt 6-17- 214 3 4 EXISTING ZONING AND PROPOSED LAND USES IV. The City of Janesville is proposing to create TIF No. 35 to expand an existing industrial park on the City’s south side. TIF District No. 35 currently contains one, 226 acre parcel of vacant land in an industrially zoned area on the City's south east side. The parcels are unimproved and have been used for agricultural crop production for decades. In 2004, the City negotiated to purchase an additional 226 acres of land located south of STH 11 and west of County Trunk Highway G. Upon annexation, this land was zoned M-1 Light Industrial. Since that time, the City went through a lengthy site certification process in 2010 to have the 226 acre site deemed as a “shovel ready” certified industrial site. TIF No. 22 has seen tremendous expansion and growth, and is set to be retried within the next 3-5 years. Therefore, the creation of TIF No. 35 would allow the 226 acre certified site to continue to be marketed and incentivized with tax increment financing to make the site more appealing for industrial development and expansion. The City’s long term growth plans in this part of the city called for continued expansion of industrial development along CTH G and State Trunk Highway 11. Therefore, TIF No. 35 could be amended to include additional industrial development sites as they become available and are annexed into the City of Janesville State law requires that not less than 50% of the land within a TIF district be “suitable for ‘industrial sites’ within the meaning of (Wisconsin Statutes) s. 66.1101 and zoned for industrial use”. Within TIF No. 35 70% of the land is proposed for industrial uses and 30% is proposed for green space and storm water uses, thus meeting the required standard. All lands within TIF No. 35 zoned for industrial uses will remain zoned for industrial uses for the life of the TIF district. In addition, the Wisconsin TIF Law prohibits “newly platted residential areas” from being considered as TIF project costs. No residential development is planned for TIF No. 35. The TIF District Project Plan proposes to improve these properties with streets and utilities to create additional industrial sites. The timing of the street and utility improvements will be phased to meet the needs of specific development projects thereby minimizing the risk of incurring development costs in advance of tax-producing development projects. 5 6 7 PROPOSED TIF PROJECTS AND IMPROVEMENTS V. The public expenditures proposed in TIF No. 35 will be linked to the expansion of the industry within the district. The expansion of the industry will increase property values and will generate new tax increments that will allow the City to recover its TIF costs. To allow this expansion to occur, the City will need to extend utilities to the property and construct an extension of Progress Drive. As the demand for industrial sites increases, the City will construct new streets and utilities to those sites as necessary to facilitate development and expansion. Finally, the Project Plan provides funds for marketing the new industrial sites and for providing incentive financing to companies locating new facilities within the TIF district. The kind, number, and location of all proposed improvements proposed for TIF No. 35 are shown on Map 2 - Improvement Plan. A. Land Acquisition In order to create a new industrial park, the City has acquired a 226 acre parcel on the west side of County Trunk Highway G and south of State Trunk Highway 11. This Project Plan provides for future land acquisitions. Land acquisition, surveying, soil testing, environmental engineering, and title policy expenses may be considered TIF project costs. In the event of future land acquisitions, payments to neighboring townships to compensate them for lost tax revenues where TIF districts include newly annexed property will also be considered a TIF land acquisition expense. Additionally, any relocation expenses incurred by future land acquisitions including crop damages would be considered a TIF land acquisition expense. Payment of any land conversion penalty under the provisions of Wisconsin Statutes section 74.485 would also be considered a land acquisition cost. B. Transportation Improvements Transportation improvements may include the construction of the southerly extension of Progress Drive South of State Trunk Highway 11 and easterly extensions of a street network from the newly extended portion of Progress Drive to County Trunk Highway G. County Trunk Highway G may be widened to a 4-lane cross section as the traffic to TIF No. 35 increases with development. In addition, the TIF Project Plan allows for the construction of approximately 10,500 feet of new streets to serve the new industrial sites. Map No. 2 shows the 8 planned location of these road improvements, however, the actual location of the roads may change depending on the needs of specific development projects. Wherever new street construction occurs, sidewalks or recreational trails, street trees, and landscaping may be installed along the new frontage road. C.Utility Costs As new streets are constructed to provide access to industrial sites, sewer, water, gas and electric utilities will be installed within the rights-of-way. In addition, a storm sewer collection system including underground piping, surface detention ponds and safety fencing may be installed. These utility improvements will be phased along with the street construction to meet the needs of specific development projects. The utility costs will be included as TIF expenditures. D. Street Lighting and Landscaping As new streets are developed within TIF No. 35, street lights and street trees may be installed. In addition, a landscaping buffer between the industrial uses to the south and the open space/residential uses to the north is planned as a TIF cost. E. Marketing and Incentive Financing In order to attract new development to the TIF No. 35 industrial park, it may be necessary to implement a marketing program. Marketing activities may include the development of brochures, photographs, topography and maps for use with industry prospects. Once the marketing materials are available, a direct mail program may be implemented to attract new development. Marketing activities may also include the payment of real estate commissions where a private “buyer’s broker” facilitates the sale of a new development site in TIF No. 35. Where a specific industry has been identified, incentive financing may be necessary to ‘close the deal’. Incentive financing may include below interest loans, funding for relocation, worker training, and unique start-up costs, and/or similar financing programs. Financing may go directly to a development project or to capitalize a revolving loan fund to provide financing assistance for industrial expansion projects throughout the TIF District. Additionally, changes to State Law also allow the expenditure of TIF funds within ½ mile of an existing TIF boundary. While much of the land within ½ mile of TIF No. 35 is currently located outside the City of Janesville corporate limits, the City does have a boundary agreement with the Town of Rock, and land surrounding the airport will be annexed to the City of Janesville 9 as development occurs. Where industrial development projects occur on land annexed to the City within this ½ mile boundary, funding from TIF No. 35 may be used to support the development project. If the development project is contiguous to TIF No. 35, the City may propose a boundary amendment to the TIF No. 35 Project Plan. The development projects located within ½ mile of proposed TIF No. 35 may need project financing and/or development incentives to maintain employment levels or to undertake future expansion projects. F. Administrative Costs The TIF No. 35 project plan includes the cost incurred for administrative, professional, organizational, and legal services related to the creation and administration of the TIF district. Direct engineering costs shall be charged to the specific construction projects within the TIF District. Direct legal and planning costs will be charged as administrative costs. The cost of the three TIF audits required under Wisconsin Statutes ss 66.1105 will be included as TIF project costs. In addition, administrative costs will include any TIF Plan review fees charged by the Department of Revenue. DETAILED LIST OF ESTIMATED PROJECT COSTS VI. In order to determine the economic feasibility of the proposed TIF District No. 35, total project costs must be estimated and compared to the projected tax increments that will be generated by the new development in the TIF district. Based on 2011 construction costs, TIF No. 35 improvement costs are estimated as follows: A. Land Acquisitions $1,680,000 B. Transportation Improvements $4,155,500 C. Water and Sanitary Sewer Costs $2,823,200 D. Stormwater Improvements $2,011,300 E. Project Incentive Financing $4,950,000 F. Marketing & Administration $61,500 Total Cost of Improvements $15,681,500 The estimated cost of TIF expenditures is $15,681,500. Under the revised TIF law, project costs may be incurred over the first eighteen (18) years of the TIF district, while TIF 10 revenues will be collected over a maximum of twenty-three (23) years. The City will have to finance any negative TIF fund balance through interfund borrowing. Based on conservative projections, including the debt service and interfund borrowing costs of 22,255,239, the total . estimated TIF No. 35 project costs to $37,936,739 All project costs and interfund borrowing estimates are based on the most current cost data available in July, 2011 and may be adjusted within the total amount shown without modification or amendment of this TIF No. 35 Project Plan. Under the changes to the TIF law enacted in 2004, all of the TIF No. 35 project costs except debt service and interfund borrowing will be incurred during the first eighteen (18) years of the TIF District. Table No. 1 shows the schedule and timing of the proposed expenditures. The actual timing of expenditures will be contingent on the commitments from industries locating facilities and guaranteeing a minimum property value that will generate sufficient tax increments over the life of the TIF district to cover the TIF project costs. This Project Plan includes funds to market the vacant industrial land within the TIF District for industrial and development. Table No. 1 Tax Increment District No. 35 Summary of TIF Costs By Year Year Type of Cost Cost 2011 Marketing and Administration, Engineering Services $362,500 2012 Streets, Utilities, Incentives, and Administration $6,533,250 2013 Incentives, Streets, Utilities, Marketing & Land Acquisition $7,008,750 2014 Incentives, Marketing and Administration $508,750 2015 Incentives, Marketing and Administration $507,250 2016 Incentives, Marketing and Administration $503,750 2017 Incentives, Marketing and Administration $251,875 2018 Administration $5,375 $15,681,50 Total Cost of Improvements 0 $22,255,23 Debt Service and Interfund Borrowing 9 $37,936,73 Total Estimated TIF No. 35 Costs 9 11 -------------------------------------------------------------------------------------------------------- Prepared By: Economic Development and Accounting 12 13 14 ECONOMIC FEASIBILITY AND METHODS OF FINANCING VII. A. Economic Feasibility Analysis Under Wisconsin's Tax Increment District Law (ss. 66.1105), 100% of the property taxes levied against new property value created within a TIF district is retained by the City to pay for improvement costs that were incurred to attract the new development. Implicit in the law is the concept that without the improvements, the attraction of new development, the creation of new jobs, and the expansion of the tax base would not occur. The Wisconsin TIF law as revised by the Legislature in 2004, allows the City eighteen (18) years in which to make the improvements needed to stimulate and support development. The property tax increments generated by the new development are retained by the City until all TIF costs are paid. In no case shall the TIF district have a life longer than twenty three (23) years. The City of Janesville's Tax Increment District No. 35 will be created by Council action in July, 2011. Therefore, all TIF project improvements must be completed by September, 2029. The taxes on any increased property value in the district between 2012 and 2034 will be retained by the City to repay the TIF project costs. TIF No. 35 will be dissolved when all TIF project costs are repaid, or in July 2034, whichever comes first. In order to determine the economic feasibility of the proposed TIF district, estimated TIF costs must be compared to projected TIF property tax increments. Where tax increments exceed TIF costs over the twenty three (23) year life of the TIF district, the TIF district is considered economically feasible. The City of Janesville has made conservative assumptions about the future to determine the economic feasibility of TIF No. 35. All TIF costs related to industrial expansion projects are incurred according to the schedule shown in Table No. 1. TIF property value increases for are shown for the installation of streets and utilities, as well as potential new land acquisitions for future industrial projects to be developed. Where possible, the construction of new streets and utilities will be phased and linked to known development projects. The City will enter into binding contracts with the 15 industries locating within TIF No. 35 that will guarantee the minimum amount of investment needed to fully amortize all TIF costs associated with each project within 8 to 10 years. The overall TIF District should be able to recover all costs by the year 2030. The equalized value property tax mill rate levy is projected to increase 0% per year. This assumption is also conservative. In recent years, the equalized value property tax mill rate in Janesville increased slightly. Based on these assumptions, the $51,500,000 in new property value generated between 2013 and 2019, will create sufficient new property tax increments to repay all planned TIF project costs. The City will limit the implementation of all TIF expenditures until the actual levels of new property value are known. TIF project costs of $15,681,500 plus financing costs of $22,255,239 equate to a total TIF Cost investment of $37,936,739. These monies will only be expended if the property value of the industrial construction is adequate to ensure a sufficient tax increment to recover the cost within the life of the TIF district. If a total of $51,500,000 of new property value is created as projected, the TIF district will generate a total of $30,423,005 in property tax increments over the 23 year life of the district. Since property tax increments are projected to exceed TIF costs including debt service by $390,294 in 2030 TIF No. 35 is found to be economically feasible. Projected TIF revenues will cover TIF costs within 19 years and the City projects that TIF No. 35 will be dissolved by 2031. Since there is no guarantee that new development projects will be found to construct new property value within TIF No. 35, the City will only implement additional street and utility construction project when they are needed to prepare new industrial sites for specific projects. The TIF plan includes $4,155,500 in transportation improvements including improvements to CTH G and HWY 51 as well as street extensions through the industrial site. Additional, the Project Plan includes $2,823,200 in utility improvements including extensions of water mains and sanitary sewer to serve the site, as well as $2,011,300 in stormwater improvements. The Project Plan also includes $1,680,000 for potential future land acquisitions. 16 City of Janesville Tax Increment vs. TIF Cost Comparison 06-Jul-11 Equalized Long Admin. Const.TotalValueTaxTermDebt & OtherInterfundTIF YearValueTID ValueMill RateIncrementDebtServiceCapital DirectInterestBalanceTIF Increment ProceedsCostsExpend.CostsCosts Year 2011000.02458620350,0000350,00012,500$0($12,500) 2012000.024586206,520,00049,0006,520,00013,250$375($75,125)1 201312,000,00012,000,0000.024586207,000,000960,4007,000,0008,750$2,254($1,046,529)2 20145,000,00017,425,0000.0245862295,034500,0001,912,920500,0008,750$31,396($2,704,561)3 20155,000,00022,985,6250.0245862428,415500,0001,927,440500,0007,250$81,137($4,291,973)4 201620,000,00044,060,2660.0245862565,129500,0001,939,960500,0003,750$128,759($5,799,313)5 20177,500,00052,849,2720.02458621,083,275250,0001,950,480250,0001,875$173,979($6,842,372)6 20181,000,00055,195,5040.02458621,299,36301,924,00005,375$205,271($7,677,656)7 20191,000,00057,600,3920.02458621,357,04801,861,52000$230,330($8,412,458)8 2020059,040,4010.02458621,416,17501,799,04000$252,374($9,047,697)9 2021060,516,4120.02458621,451,57901,736,56000$271,431($9,604,109)10 2022062,029,3220.02458621,487,8691,639,0800 $288,123($10,043,443)11 2023063,580,0550.02458621,525,065926,0000 $301,303($9,745,681)12 2024065,169,5560.02458621,563,192191,0000 $292,370($8,665,859)13 2025066,798,7950.02458621,602,272134,0000 $259,976($7,457,563)14 2026068,468,7650.02458621,642,32979,0000 $223,727($6,117,962)15 2027070,180,4840.02458621,683,38726,0000 $183,539($4,644,114)16 2028071,934,9960.02458621,725,47100 $139,323($3,057,966)17 2029073,733,3710.02458621,768,60800 $91,739($1,381,097)18 2030075,576,7050.02458621,812,82300 $41,433$390,29419 2031077,466,1230.02458621,858,14400 $0$2,248,43820 2032079,402,7760.02458621,904,59800 $0$4,153,03521 2033081,387,8460.02458621,952,21300 $0$6,105,24822 2034083,422,5420.02458622,001,01800 $0$8,106,26623 $51,500,000Totals:$30,423,005$15,620,000$19,056,400$15,620,000$61,500$3,198,839 Assumptions:Expenditures: AmountYear 1. Eq. Value Growth1.025Direct Cost12,5002011 2. Mill Rate Growth :1.000Debt350,0002011 3. Interfund Cost :3.0%Direct Cost13,2502012 4. G.O. Bond Rate :4.00%Debt6,520,0002012 Direct Cost8,7502013 5. TIF CostsDebt7,000,0002013 Direct Cost8,7502014 Debt500,0002014 New Construction Direct Cost7,2502015 2012 -Debt500,0002015 2013 12,000,000 Direct Cost3,7502016 2014 5,000,000 Debt500,0002016 2015 5,000,000 Direct Cost1,8752017 2016 20,000,000 Debt250,0002017 2017 7,500,000 Direct Cost5,3752018 2018 - Project Costs15,681,500 Interest Costs6,635,239 Total TIF Costs$22,316,739 B. Methods of Financing Wisconsin Statutes provide several methods of financing the cost of improvements in tax increment districts. For smaller amounts, financing through the general fund may be feasible. Transfers can be made from the municipal general fund account into the TIF expenditure account to cover the cost of TIF improvements. This method of financing avoids the interest cost 17 associated with municipal borrowing. However, since the General Fund balance is reduced, the General Fund loses interest income, so an interfund borrowing cost is charged to the TIF account. State law also provides for municipal borrowing. Community borrowing is divided into two forms -- that subject to a statutory limitation and borrowing not subject to limitation. Possible funding sources include: 1. General Obligation Borrowing - Is sometimes referred to as a local promissory note from a bank, State Trust Fund, or other lending institution. This form of borrowing requires little effort or legal costs and works well for smaller sums. This sort of borrowing is included in the municipal borrowing limitation. 2. General Obligation Bonding – Is an irrepealable property tax obligation of the community. General obligation bonds can often be sold at lower interest rates than other forms of borrowing. However, there are additional regulations and requirements that make G.O. Bonds suitable for larger projects. G.O. Bonds are included in the municipal borrowing limitation. 3. Mortgage Revenue Bonds - Are repaid through the revenue generated by a public utility like a water or sewer utility. Revenue bonds also have regulatory and legal requirements that make them suitable for larger project costs. Since revenue bonds do not pledge the community's taxing capacity, they are not subject to a municipal borrowing limitation. 4. Federal and State Grant or Loan Programs - Like Community Development Block Grants or State Transportation aids are sometimes available to supplement local funding sources. However, the amount of grant dollars available is limited and state and federal funding is uncertain given the need to balance budgets. The actual method of financing specific TIF projects will be determined by the City based on the current fiscal condition of the City, anticipated non-TIF capital needs, municipal borrowing rates and terms, and the amount of financing needed. Where general obligation borrowing is used, TIF financing costs have been calculated assuming financing over ten (10) years, with equal principal payments. The City will not proceed with any phase of the planned public improvements until 18 a developer or business is committed to construct a new building or renovate an existing building with a value sufficient to generate the property tax increments needed to cover the cost of the improvements. Therefore, the actual City expenditures in TIF No. 35 may be substantially different that those shown in the project plan. C. Additional Economic Benefits The economic feasibility analysis has shown that the property tax increments will be sufficient to cover all TIF project costs over the twenty three (23) year life of the TIF district. The development of TIF No. 35 will facilitate an industrial expansion, increase property values, and create new jobs in the City of Janesville. These jobs will help diversify the local economy and the increased manufacturing and warehousing/distribution payrolls will have a positive multiplier effect in the trade and service sectors. PROPOSED CHANGES IN ORDINANCES, CODES, & PLANS VIII. The proposed TIF No. 35 project plan is in conformance with the City of Janesville's present zoning ordinance, with the City's Industrial Development Plan and the General Development Plan. All of the properties within TIF No. 35 have been found to be suitable for industrial development in accordance with Wisconsin's Promotion of Industry Statute ss 66.1101, and will remained zoned for industrial purposes for the life of the TIF district. All development in TIF No. 35 will have to conform with the State Building Codes and will be subject to the City's permitting and inspection procedures. The TIF No. 35 project plan conforms with all relevant State and local ordinances, plans, and codes, thus, no changes to the existing regulations are proposed or needed. The City has requested that the Wisconsin Department of Commerce amend the Janesville Community Development Zone boundary to include the land within TIF No. 35. This allows companies that locate within the amended TIF No. 35 boundary to apply for State of Wisconsin income tax credits under the Development Zone Program. 19 LIST OF ESTIMATED NON-PROJECT COSTS IX. All of the public improvements and other project costs included in this project plan are TIF eligible costs as defined in Wisconsin Statutes ss. 66.1105, the Tax Increment District Law. Where an improvement can serve an area larger than the TIF district, the cost of the improvement will be prorated so that only the proportion of the costs to serve TIF No. 35 will be included as a project cost. That portion of the total costs which serves areas outside the TIF district will be considered 'non-project' costs and charged to funding sources other than TIF No. 35. METHODS FOR RELOCATION OF DISPLACED PERSONS X. The TIF No. 35 Project Plan does plan land acquisition, thus, there may be displacement of persons or business needing relocation assistance. For any reason, should relocation be necessitated by the City's involvement in the implementation of this Project Plan, it will be undertaken pursuant to Wisconsin Statutes Section 32.19 and 33.195, and according to a Relocation Plan, as approved by the Wisconsin Department of Commerce. PROMOTION OF THE ORDERLY DEVELOPMENT OF THE CITY XI. The creation of TIF No. 35 and the implementation of the projects in the TIF Project Plan will promote the orderly development of the City of Janesville by encouraging that new industrial development occurs in areas of the City planned for industrial growth. By creating well designed and strategically located industrial parks, land use conflicts and infrastructure deficiencies can be avoided. By providing financial incentives to stimulate private development projects, the City is able to ensure that economic growth continues to occur, thus offsetting the inevitable loss of jobs and incomes when economic conditions force the closure of other employers in the community. By utilizing the provisions of the Tax Increment Finance Law, the City can increase property values through development projects that result in increased tax base. TIF No. 35 continues the industrial development on the City’s southeast side that began with the creation of TIF No. 5 in 1988 and TIF No. 16 in 1996 and TIF No. 22 in 1999. TIF No. 35 will add to the tax and employment base of the community, and will generate positive secondary impacts in the community through increased local disposable incomes. 20 CITY ATTORNEY’S OFFICE MEMORANDUM August 8, 2011 MEMORANDUM TO: Vic Grassman, Economic Development Director FROM: Wald Klimczyk, City Attorney RE: Legal Opinion -- T.I.F. No. 35 Project Plan Sec. 66.1105(4)(f), Wis. Stats., of the Tax Increment Financing Law mandates that the project plan for a proposed tax increment financing district "include an opinion of the city attorney or an attorney retained by the city advising whether the plan is complete and complies with this section.” You have asked me to review a certain proposed “Tax Incremental Finance District No. 35 Project Plan” dated August 8, 2011, for Tax Increment Finance (T.I.F.) District Number 35 and determine if, in my opinion, it is complete and complies with the requirements of Wisconsin's T.I.F. Law. This memorandum constitutes my legal opinion. Sec. 66.1105(4)(f), Wis. Stats., sets forth those components of a T.I.F. project plan which are required by state law. They are as follows: 1. A statement listing the kind, number, and location of all proposed public works or improvements within the district or, to the extent provided in Section 66.1105(2)(f) 1. k., Wis. Stats., outside the district; 2. An economic feasibility study; 3. A detailed list of estimated project costs; 4. A description of the methods of financing all of the estimated projected costs; 5. The time when the costs or monetary obligations related thereto are to be incurred; 21 Vic Grassman August 8, 2008 Page 2 6. A map showing the existing uses and conditions of the real property in the district; 7. A map showing the proposed improvements and uses in the district; 8. Proposed changes of: a. Zoning ordinances. b. The master plan, if any. c. The master map, if any. d. Building codes. e. City ordinances. 9. A list of estimated non-project costs; 10. A statement of proposed methods for the relocation of any person(s) to be displaced; and 11. How the Tax Increment Financing District promotes the orderly development of the City. I have reviewed proposed “Tax Incremental Finance District No. 35 Project Plan” dated August 8, 2011, for Tax Increment Finance (T.I.F.) District Number 35, prepared by the City of Janesville Economic Development Agency, Finance Division, and City Manager’s Office. It is my legal opinion that said project plan as prepared by the Economic Development Agency is complete and does comply with Section 66.1105(4) (f), Wis. Stats. According to the terms of the above cited statute, this legal opinion should now become the final component of that project plan amendment. Wald Klimczyk City Attorney wk cc: Jean Ann Wulf, City Clerk-Treasurer J:\Attorney\Word\Shared\TIF 26 Legal Opinion.doc Resolution No. 2011 – 816 RESOLUTION APPROVING THE PROJECT PLAN AND CREATING TAX 22 INCREMENT FINANCE DISTRICT No. 35 WITHIN THE CITY OF JANESVILLE, ROCK COUNTY, WISCONSIN WHEREAS, the City of Janesville has prepared a Project Plan and proposed a boundary for the creation of City of Janesville Tax Increment Finance District No. 35 in accordance with the provisions of Wisconsin Statutes Section 66.1105, a copy of said Project Plan and proposed TIF No. 35 boundary are attached and herein incorporated to this Resolution; and WHEREAS, the Plan Commission has held a public hearing on the proposed creation of Tax Increment District No. 35 and the proposed boundaries thereof, and recommended the approval of the Project Plan for Tax Increment District No. 35 and the creation of the new TIF district; and WHEREAS, the Chief Executive Officer of the local school district, Rock County Board, Blackhawk Technical College, and the other entities having the power to levy taxes on the property located within the proposed Tax Increment District No. 35 have been notified, pursuant to Sections 66.1105 (4) (a) and (e), Wisconsin State Statutes; and WHEREAS, all of the land within the proposed TIF District No. 35 is currently zoned M-1 Industrial and has been found suitable for industrial development within the meaning of Sections 66.1105(4)(gm)4. a. and 66.1101, Wisconsin State Statutes, and will remain zoned for industrial purposes during the projected twenty three (23) year life of the TIF District; and WHEREAS, the project costs directly serve to promote industrial development, consistent with the purpose for which the TIF District is created, and the improvement of such areas for industrial projects will significantly enhance the value of all property within the TIF District; and WHEREAS, the TIF 35 Project Plan is feasible and in conformity with the master plan of the municipality; and WHEREAS, the aggregate equalized value of taxable property within all of Janesville's TIF Districts does not exceed seven percent (7%) of the total equalized value of property within the City of Janesville; and WHEREAS, the Project Plan for Tax Increment District No. 35 is economically feasible and has been found to be in accordance with the City's General Development Plans, Zoning Ordinance, and other relevant policies, and that this project and district are in the best interests of the City of Janesville and of benefit to its residents and taxpayers. Resolution No. 2011-816 Page 2 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville that they hereby approve the Project Plan, dated August 8, 2011, for City of Janesville Tax Increment 23 Finance District No. 35 and create Tax Increment District No. 35 in the City of Janesville as described on the attached map and Project Plan for TIF District No. 35. ADOPTED: Motion by: 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 Division Prepared by: City Manager’s Office 24 CITY ATTORNEYS OFFICE MEMORANDUM June 30, 2011 TO: City Council FROM:Wald Klimczyk, City Attorney Becca Smith, Management Analyst Tim Wellnitz, Assistant City Attorney SUBJECT: Introduce and schedule a public hearing on a proposed ordinance prohibiting the possession of any firearm in any City building or structure except as allowed by law for sworn law enforcement and peace officers, with penalties for violations thereof as set forth in JGO (File Ordinance 2011-493) Request Councilmembers Sam Liebert and Yuri Rashkin requested that the Administration draft a policy prohibiting firearms within the Municipal Building. Staff expanded the proposed policy to include other city facilities and recommends an ordinance be established, instead of a policy statement. Ordinances apply and can be enforced against all persons violating the provision(s). City Policies would apply only to staff. Staff Recommendation If the Council desire to approve or review this ordinance, staff recommends that on Monday, July 11, 2011, the ordinance be introduced and set for a public hearing and action on Monday, July 25, 2011. Police Department Comments & Recommendation Police Chief Dave Moore concurs in this approach. City Manager Recommendation The City Manager concurs with the approach outlined in the proposed Ordinance. File Ordinance No. 2011-493 Proposed File Ordinance No. 2001-493 prohibits individuals from bringing concealed and non-concealed firearms into buildings and structures owned, occupied, or controlled by the City of Janesville, including the Municipal Building and Hedberg Public Library. Individuals would be able to have firearms on the city-owned bike trail or in open spaces within the park system as provided by state law. This ordinance exempts sworn Wisconsin or Federal law enforcement or police officers from the ordinance prohibition against all firearms and weapons. This ordinance also exempts any City property where this ordinance is not “signed” so as to provide notice that firearms are prohibited. Individuals found possessing firearms on City property may be penalized a forfeiture penalty ranging from $200-$10,000, plus the customary court costs, fees, and assessments added to forfeitures by state law (“the costs of prosecution.”) Pros & Cons of Approving Ordinance 2011-493 Pros: 1. Public may feel safer, more welcomed and less intimidated if they know firearms are not present at city facility; 2. There will be less opportunity for firearms accidents if they are not as prevalent at city facilities; 3. This will make the policy in other city buildings consistent with the prohibition in state law for carrying firearms in a police building. Cons: 1. This ordinance is different than the state law policy adopted by the Wisconsin legislature which generally allows individuals to openly carry a firearm or carry a concealed firearm with a permit. CC: Eric Levitt, City Manager Jacob J. Winzenz, Director of Administrative Services/Assistant City Manager ORDINANCE NO. 2011 - 493 An ordinance prohibiting the possession of any firearm in any City building or structure except as allowed by law for sworn law enforcement and peace officers, with penalties for violations thereof as set forth in JGO 9.88.040. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Chapter 9.88 of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: “Chapter 9.88 NO FIREARMS OR WEAPONS INSIDE CITY BUILDINGS Sections: 9.88.010 Prohibition. 9.88.020 Exceptions. 9.88.030 Definitions. 9.88.040 Violation--Penalties. 9.88.010 Prohibition. A. No person may possess or bring any concealed or unconcealed firearm or weapon into or upon any City owned, occupied, or controlled building or structure at any time. B. No person may cause any concealed or unconcealed firearm or weapon to be brought into or present upon any City owned, occupied, or controlled building or structure at any time. 9.88.020 Exceptions. A. The prohibitions set forth in JGO 9.88.010 do not apply to sworn Wisconsin or Federal law enforcement or police officers. B. The prohibitions set forth in JGO 9.88.010 do not apply to City owned, occupied, or controlled buildings or structures not containing a “sign” as defined in this Chapter. 9.88.030 Definitions . A. “Building” shall have the meaning as set forth in JGO 18.20.090, as from time to time amended or renumbered, to-wit: “…any structure built for the support, shelter, or enclosure of persons, chattels, or movable property of any kind and which is permanently affixed to the land but shall not include fences.” Buildings shall include each City owned, occupied, or controlled building and structure as contemplated by, but not limited to, those enumerated and described in Wis. Stats. Section. 943.13(1m)(c) 4., as from time to time amended or renumbered, that contain a “sign” providing notice of the prohibitions. B.“City” shall mean the City of Janesville, a Wisconsin municipal corporation. C.“Federal” shall mean employed by the United States of America or a Federal agency. D.“Firearm” shall mean all weapons that act by force of gunpowder within the scope of Wis. Stats. Sec. 167.31(1)(c) and shall also include all devices, items, and weapons enumerated in JGO 9.87.010 such as bows, etc., both as from time to time amended or renumbered. E. “Law enforcement officer” shall mean those defined as “Police Officers.” F. “Police Officer” shall mean any sworn: City of Janesville police officer, Rock County sheriff, undersheriff, deputy sheriff, game warden, state patrol officer, state game warden, other sworn Wisconsin law enforcement officer, or sworn Federal law enforcement agent.” G. “Sign”, “signs,” and “signed” shall mean City Manager authorized written information that provides notice of the prohibitions set forth in this Chapter prominently posted near all of the entrances open to the public for that building so that any individual entering the building can be reasonable expected to see the notice “sign” or “signs.” See also: Wis. Stats. 943.13(2)(bm) 2., am., as from time to time amended or renumbered for guidance as to notice and signs. H.“Structure” shall have the meaning as set forth in JGO 18.20.860, as from time to time amended or renumbered, to wit: “… anything constructed or erected, the use of which requires a more or less permanent location or which is attached to something having a permanent location on or in the ground, a stream bed or lake bed.” Structures shall include, but not be limited to, each City owned, occupied, or controlled building and structure, all other City owned buildings and structures as contemplated by, but not limited to, those enumerated and described in Wis. Stats. Section. 943.13(1m)(c) 4., as from time to time amended or renumbered, that contain a “sign” providing notice of the prohibitions. 9.88.040 Violations – Penalties. A. Any person who violates any of the provisions of this chapter shall forfeit and pay to the city a penalty of not less than Two Hundred Dollars ($200) and not to exceed Ten Thousand Dollars ($10,000) per weapon per incident, together with the costs of prosecution for each offense, and in default of the payment of such forfeiture penalty, the violator shall be subject to the remedies available to a court by law and/or equity for failure to pay imposed forfeitures, including, but not limited to, imprisonment in the Rock County for not more than one hundred eighty (180) days. B. In addition to the penalties set forth in subsection A., the offending firearm(s) and/or weapon(s) shall be seized by the Janesville police and forever forfeited to the State Crime Laboratory.” (adopted 07/2011) 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: City Manager Prepared by: City Attorney