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Full Agenda Packet CITY OF JANESVILLE CITY COUNCIL MEETING AGENDA MONDAY, October 24, 2011 7:00 P.M. 1. Call to Order and Pledge of Allegiance. 2. Roll Call. 3. Regular City Council meeting minutes of October 10, 2011. “C” 4. Licenses; and Recommendations of the Alcohol License Advisory Committee. (Refer to separate agenda.) “C” 5. Action on a motion to approve final Certified Survey Map 11009-C. Mark Robinson and Robert Sarow, 3 lots along East Milwaukee Street. “C” 6. Waiver of special assessment procedure for storm sewer charges for Certified Survey Map 11009-C. “C” 7. Financial statement for the month of September, 2011. “C” 8. Special recognition: Action on a proposed resolution in commendation of Steven K. Mara’s service to the City of Janesville. (File Res. No. 2011-844) OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. 2.Continued discussion and action on a proposed resolution authorizing the 2012 Sidewalk Program. (File Res. No. 2011-834) 3. Public hearing and action on a final resolution for a public works project (Milton Avenue and McCormick Drive water and sewer system improvements) included in Bid Schedule “F”-2011. (File Res. No. 2011-846) ----------------------- “C” – This designation indicates an item that the City Council will take up under a Consent Agenda. City Council Agenda – October 24, 2011 Page 2 OLD BUSINESS 4. Award of Contracts 2011-21 (storm sewer system improvements); 2011- 22 (Milton Avenue and McCormick Drive water and sewer system improvements); and 2011-23 (fuel island repairs and concrete flatwork) for Public Works Bid Schedule “F” – 2011. 5. Action on a proposed resolution authorizing the issuance of $13,970,000 General Obligation Promissory Notes, Series 2011-A, of the City of Janesville, Wisconsin, and providing the details thereof. (File Res. No. 2011-842) NEW BUSINESS 1.A proposed resolution authorizing an additional ten year non-use deferment on the property located at 3410 Newcastle Drive. (File Res. No. 2011-848) 2.Action on a proposed resolution authorizing the demolition of 159 Cherry Street. (File Res. No. 2011-845) 3.Action on a proposed resolution approving the 2012 Annual Action Plan for the Community Development Block Grant Program and Rock County HOME Consortium Submission. (File Res. No. 2011-847) 4.Action on a proposed resolution authorizing the City Manager to enter into a TIF development agreement in the amount of $100,000 with Northwoods Holding, LLC on behalf of United Alloy. (File Res. No. 2011-849) 5.Introduce and schedule a public hearing on a proposed ordinance amending Chapter 15 (Building Code) of the Code of General Ordinances of the City of Janesville to revise the height threshold and fence height requirements for swimming pools and hot tubs to include a security fence around the facility. (File Ord. No. 2011-500) 6.Requests and comments from the public on matters which can be affected by Council action. 7.Matters not on the Agenda. 8.Motion to adjourn. The use of audible cell phone ringers and active use and response to cellular phone technology by the governing body, staff and members of the public is discouraged in the Council Chambers while the Council is in session. PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING October 10, 2011 VOL. 62 NO. 16 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on October 10, 2011. The meeting was called to order by Council President Brunner at 7:00 PM. Council President Brunner led the Council in the Pledge of Allegiance. Present: Council President Brunner, Councilmembers Dongarra-Adams, Liebert, Rashkin, and Steeber. Absent: Councilmembers McDonald and Voskuil. CONSENT AGENDA Minutes of the City Council meeting of September 26, 2011. Licenses; and Recommendations of the Alcohol License Advisory Committee. (Refer to separate agenda.) Council President Brunner stated that the consent agenda would be approved if there was no objections. There were none. Action on a proposed resolution in commendation of Patrick A. Kilbane’s thirty-three years of service to the City of Janesville. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Liebert and passed unanimously. (File Res. No. 2011-831) Action on a proposed resolution recognizing the firefighters and paramedics of the Janesville Fire Department. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Rashkin and passed unanimously. (File Res. No. 2011-838) OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. Andreah Briarmoon, 339 S. Locust St., suggested the following: draft a resolution recognizing former General Motors employees; postpone action on the ordinance regulating firearms (OB #5); advise Councilmembers Brunner and Steeber to abstain from voting on firearms ordinance; and, postpone installation of new sidewalks. 2. & 3. Proposed ordinances annexing property (2011-495) located at 2006 North County Trunk E and zoning said property (2011-496) to B2 upon annexation received their second reading and public hearing. No one spoke at the public hearing. The public hearing was closed. Councilmember Steeber moved to adopt said ordinances, seconded by Councilmember Rashkin and passed unanimously. (File Ord. Nos. 2011-495 & 2011-496) 4. A proposed ordinance amending the list of streets required to yield to other designated streets to include Woodman Road to yield to Mayfair Drive and Hoover Street to yield to Hawthorne Avenue received its second reading and public hearing. No one spoke at the public hearing. The public hearing was closed. Councilmember Steeber adopted said ordinance, seconded by Councilmember Rashkin and passed unanimously. (File Ord. No. 2011-499) 5. Discussion and action 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. Councilmember Liebert moved to adopt said ordinance including the amendment that defines weapons and firearms in Section I and II, seconded by Councilmember Rashkin and passed unanimously. (File Ord. No. 2011-493) NEW BUSINESS 1. Action on proposed preliminary resolution for Public Works Bid Schedule “F”-2011 (Contract 2011-22: Milton Avenue and McCormick Drive water and sewer system improvements) and schedule a public hearing for the final resolution. Councilmember Steeber moved to adopt said resolution, seconded by Dongarra-Adams and passed unanimously. Council President Brunner scheduled the public hearing for the Final Resolution for October 24, 2011. (File Res. No. 2011-837) 2. Action on a proposed resolution authorizing a jurisdictional transfer agreement between the City of Janesville and State of Wisconsin regarding a connecting highway extension of Highway 26. Councilmember Steeber moved to adopt said resolution, seconded by Liebert and passed unanimously. (File Res. No. 2011-839) 3. Action on a proposed resolution authorizing the issuance of $11,925,000 in Promissory Notes for financing various public purposes. Councilmember Rashkin moved to increase property acquisition funding by $140,000, seconded by Councilmember Steeber and passed unanimously. Councilmember Liebert moved to increase the skate park funding by $30,000, seconded by Councilmember Rashkin. After further discussion, the motion was withdrawn. Councilmember Steeber moved to adopt said resolution, as amended, seconded by Rashkin and passed unanimously. (File Res. No. 2011-841) 4. Action on City Manager recommended citizen committee appointments to the Citizens Board of Review. Councilmember Rashkin moved to approve Craig Gramke and James Tibbetts to the Board, seconded by Councilmember Steeber and passed unanimously. 5. Requests and comments from the public on matters which can be affected by Council action. Andreah Briarmoon, 339 S. Locust St., suggested the following: Mercy Hospital pays for the new water tower, Council creates a citizens committee to review all old and new ordinances; One Parker Place, LLP, should pay the City $300,000 for the parking lot near their building; and, the City should not provide TIF loans to companies. 6. Matters not on the agenda. Councilmember Steeber stated the City does not have plans for a water tower in the near future and that Mercy Hospital has not requested this improvement. City Manager Levitt stated that the 2012 proposed budget discussions will begin on October 18, 2011; and, CDBG funds are for the whole community based on criteria or eligibility. Councilmember Liebert stated the need to fill the vacancies on the Community Development Committee; thanked the Council for passing the gun control ordinance; and, requested the Council consider requiring alcohol establishments to post signs that inform customers of the new concealed carry law as it relates to alcohol consumption. Councilmember Rashkin suggested the City’s new website should have a database of volunteers; and, the City hold a forum for people interested in running for City Council. 7. Councilmember Steeber 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 potential industrial site TIF #32 development agreement, since competitive and/or bargaining reasons require a closed session. The motion was seconded by Councilmember Rashkin and passed unanimously. There being no further business, Council convened into closed session at 8:10. Jean Ann Wulf City Clerk-Treasurer These minutes are not official until approved by Council. JANESVILLE CITY COUNCIL LICENSE AGENDA 10/24/2011 RECOMMENDED A. ELECTRICIANS–ORIGINAL Scott A. Audenby 1400 Rapids Dr., Racine, WI Troy R. Blakey PO BOX 268, Johnson Creek, WI Community Development Department Memorandum October 24, 2011 TO: Janesville City Council FROM: Brad Schmidt, AICP, Associate Planner SUBJECT: Final CSM 11009-C, Mark Robinson and Robert Sarow, 3 Lots along E. Milwaukee St. SUMMARY Mark Robinson and Robert Sarow have requested the approval of a three lot certified survey map located 4412 E. Milwaukee Street. The subject property was platted in the past as part of the Wuthering Hills Northeast Fifth Addition. The property is zoned R1, Single and Two-Family Residence District. Lot 3 of the proposed CSM includes an existing residence and two out buildings which consist of legal, non-conforming structures on the site. The applicant proposes to create two new single-family home sites on Lots 1 and 2 of the proposed CSM. DEPARTMENT RECOMMENDATION The Plan Commission and Community Development Department recommend that the City Council support a motion to approve Final CSM 11009-C. SUGGESTED MOTION A motion to approve Final CSM 11009-C subject to the following conditions: 1. The survey will be subject to the payment of assessments for storm sewer ($10,240). 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 site was previously platted. The survey area contains approximately 2.4 acres of land and is zoned R1, Single and Two-Family Residence District. The site currently contains a single-family residence and two detached accessory buildings. The configurations of the lots proposed are adequate in size and shape to satisfy the zoning and subdivision ordinance requirements. B. The future land use designation for this site is Single Family Residential. The zoning of this site is consistent with this designation. 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. E. The site has existing sidewalks on E. Milwaukee Street. F. A drainage easement currently exists on the southern part of Lots 1,2 and 3 which is adjacent to the public greenbelt and a corresponding not indicating the existence of the public greenbelt has been added to the survey. G. This site was previously platted; however, storm sewer assessments were not collected at that time. Therefore, a storm sewer assessment of $10,240 is required. 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 – September 6, 2011 The Plan Commission unanimously agreed to forward Final CSM 11009-C to the City Council with a favorable recommendation. cc: Eric Levitt Jay Winzenz q Ô»¹»²¼ Í«¾¶»½¬ Í·¬» Ü¿¬»æ èñïðñïï Í½¿´»æ ïþã ïðððù Ó¿° Ý±±®¼·²¿¬»æ Íóïé ÔÑÝßÌ×ÑÒ ÓßÐ Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ ÓßÐ ï ÝÍÓ ïïððçóÝ ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ ÍæÐ®±¶»½¬ÄÐ´¿²²·²¹ÄÍ«®ª»§Ó¿°ÄÍ«®ª»§Ó¿°óîðïïÄÍóïéÁïïððçóÝ DEPARTMENT OF PUBLIC WORKS MEMORANDUM ENGINEERING DIVISION 19 October 2011 TO: Jay Winzenz, Director of Administrative Services/ Assistant City Manager FROM: Mike Payne, Engineering Manager SUBJECT: For Council Agenda on October 24, 2011, Waiver of Procedure for Special Assessments for storm sewer charges for CSM 11009-C . The final CSM creating three new lots triggers charges for land division assessments. The sidewalk and street lighting assessments have previously been paid. Special arrangements have been negotiated between for 1/3 of the assessments to be paid in full prior to the City signing the CSM. The remaining charges may be spread over a period of five years with interest like all other special assessments for public improvements when approved by City Council. The owner/developer need to sign a waiver of special assessment procedure thereby agreeing to the charges and thus allowing them to be spread over five years. CSM 11009-C will be presented to the Council on October 24, 2011, with approval of the CSM recommended by the Plan Commission. The proposed waiver must be approved before the CSM can be signed and recorded. Wellnitz & Sarow Builders, Inc and Mark Robinson, the land owners, have signed the necessary waiver form which allows 2/3 of the charges to be spread over five years with interest at 6% on the unpaid balance. The Clerk's Office has these documents. The following chart shows assessment charges: CSM 11009-C Owner/Developer Lot 73 of Wellnitz & Sarow Builders, Inc and Mark Robinson Storm Sewer Sidewalk Street Light $10,240 n/a n/a ACCOUNTING DIVISION MEMORANDUM October 18, 2011 TO: City Council FROM: Patty Lynch, Comptroller SUBJECT: Financial Statement for the Month of September 2011 The City prepares its Financial Statements in accordance with generally accepted accounting principles using the modified accrual method of accounting and is audited annually by Baker Tilly Virchow Krause, LLP. We prepare interim financial statements for the Council’s review on a monthly basis. Division and Department Heads are responsible for monetary expenditures to ensure budget compliance. Revenues and expenditures are projected to year-end in June and September. Key operating funds include the General Fund, Water and Wastewater Utilities, and Sanitation Fund. A summary of their performance to budget, as compared to a three- year average, are presented in the following graphs. EXPENDITURE SUMMARY The graph below indicates that expenditures are being made according to budget. Year-To-Date September ExpendituresCompared to Three-Year Average Current YTD 3 Yr. Avg. 90% 80% Percent of Total Budget 70% 60% 50% 40% 30% 20% 10% 0% General FundWater -Wastewater - OperatingOperatingSanitation September 2011 Financial Statements October 18, 2011 Page 2 REVENUE SUMMARY The graph below indicates revenue for the General Fund, Water Utility, and Wastewater Utility has been earned as anticipated. Santiation revenue is below trend due to less tonnage received at the landfill. Year-To-Date September RevenuesCompared to Three-Year Average Current YTD 3 Yr. Avg. 90% 80% Percent of Total Budget 70% 60% 50% 40% 30% 20% 10% 0% General FundWaterWastewaterSanitation Other items of interest in the Financial Statement are as follows: Proprietary Funds (page 4)  The Water Utility has a deficit operating cash balance of $1,851,240 at September 30, 2011. Water sales are 14% below projections. The 3% increase in water rates effective May 11, 2011 was intended to partially address the cash deficit.  Transit reports a negative cash balance of $445,337 due to the timing of grant reimbursements after expenditures have been made. Special Revenue Fund Balance (page 5)  TIF 3 has a positive balance of $163,948. The positive balance will be used to repay the general fund advance plus accrued interest.  Many TIF funds have deficit cash balance, however TIF projections indicate that the districts will reach a positive fund balance before the districts expire.  Landfill long-term care of site #3023 ($70,804) will be reimbursed by an insurance policy we have in place for post closure care. Capital Projects Fund (page 6) September 2011 Financial Statements October 18, 2011 Page 3  The City incurred expenditures in conjunction with road projects on Highway 11 from Wright Road to Highway 14 ($186,800). These costs will be funded with either future special assessments or General Obligation note issue.  Many Capital Project accounts have deficit cash balance. The note proceeds from the fall note sale will fund these projects. General Fund (page 7 & 8)  Sale of City Property is over budget due to sale of land $523,800.  Miscellaneous revenue is over budget due to the dissolution of TIF 14 $427,121. A representative of the Administrative Services Department will be available at the Council Meeting on October 24, 2011 to respond to any questions Council may have relative to these reports. Once Council is satisfied, acceptance of the Financial Statement by consent and placing them on file would be in order. /Attachments cc: Jacob J, Winzenz, Director of Administrative Services/Assistant City Manager Eric J. Levitt, City Manager HUMAN RESOURCES DIVISION MEMORANDUM October 13, 2011 TO: City Council FROM: Susan Musick, Human Resources Director SUBJECT: Retirement Recognition Steven K. Mara Executive Summary At the City Council meeting of October 24, 2011, the following retirement commendation will be considered under the consent agenda: 1. Steven K. Mara for thirty-two years of service with the City of Janesville (File Resolution Number 2011-844).  Steven will be attending the October 24, 2011, Council meeting.  Steven began working for the City of Janesville on March 26, 1979, as an Electrician with the Public Works Division, and is retiring as an Electrician/Property Technician with the Technical Services Division.  Steven’s retirement date was September 23, 2011. Recommendation Staff recommends adoption of File Resolution 2011-844. 1 RESOLUTION NO. 2011-844 Whereas, Steven K. Mara is retiring from City of Janesville employment after having diligently served the people of the City of Janesville and the community for thirty-two years; retiring as an Electrician/Property Technician with the City of Janesville; and Whereas, during Steven K. Mara’s employment with the City of Janesville, he provided exemplary professional service and demonstrated conscientious devotion to the duties of his position, which he performed with skill and ability, sincerity, honesty, and dedication; and Whereas, it is desired that such commendable service to the City of Janesville be properly recognized; Now, Therefore, Be It Resolved that the people of the City of Janesville, through the City Council, do express their grateful appreciation to Steven K. Mara for his thirty-two years of loyal public service. th Dated this 24 day of October, 2011. Motion by: ADOPTED: 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 APPROVED AS TO FORM: Voskuil Assistant City Attorney Proposed by: Human Resources Prepared by: Human Resources DEPARTMENT OF PUBLIC WORKS MEMORANDUM October 18, 2011 TO: City Council FROM: Mike Payne, Engineering Manager SUBJECT: CONTINUED DISCUSSION AND ACTION ON THE 2012 SIDEWALK PROGRAM (FILE RES. NO. 2011-834) Summary The attached Sidewalk Resolution No. 2011-834 includes the proposed 2012 sidewalk program based on the priority rating system approved by Council at the October 11, 2010 meeting. The Resolution affects approximately 200 property owners and includes 5.1 miles of new sidewalk to be constructed within zones 1 & 2 of the Pedestrian Transportation Corridor Plan in 2012. This is the second year of a seven (7) year program. Last year, 4.7 miles of new sidewalk was constructed in zones 3 & 4 of the City affecting approximately 120 property owners with the majority being commercial properties. By adopting this Sidewalk Resolution, the City is declaring its intent to order installation of sidewalk and to charge the abutting properties benefiting by these improvements. There were twenty four citizens who spoke against the 2012 Sidewalk Program during the September 26 public hearing. The public hearing was closed by Council President Brunner. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Voskuil. Councilmember McDonald moved to postpone action on the Resolution, seconded by Councilmember Liebert which passed unanimously. Recommendation Consistent with Council direction in 2010 to proceed with a seven year sidewalk program, the Engineering Division recommends Council adopt Sidewalk Resolution No. 2011-834 to install approximately 5.1 miles of sidewalk in 2012. City Manager Recommendation This sidewalk program is consistent with the City Council direction on implementing a 7 year sidewalk plan in 2010. Suggested Motion I move to adopt Sidewalk Resolution No. 2011-834. Attachments: - Sidewalk Resolution - Sidewalk Map, zones 1 & 2 \\petey\cojhome\agenda review\approved agenda items\2011\10-24-2011\2012 new sidewalk program - memo.doc 12 September 2011 Page 1 of 3 CITY OF JANESVILLE 2012 NEW SIDEWALK INSTALLATION RESOLUTION NO. 2011-834 A Resolution authorizing the installation of certain sidewalks. WHEREAS, the Common Council of the City of Janesville desires the installation of standard concrete sidewalks in front of the parcels of land described below where standard concrete sidewalks have not been constructed; and WHEREAS, the Common Council desires that the construction of these sidewalks be effectuated pursuant to the empowerment and according to the procedures set forth in Wisconsin Statute Section 66.0907; and WHEREAS, the City anticipates that monies, other than the proceeds of any outstanding debit of the City, will be expended by the City with respect to such capital improvements. The City reasonably expects to be reimbursed for such expenditures with proceeds of its debt. The maximum principal amount of debt expected to be issued for the reimbursement of such expenditures is $1,000,000. No funds from sources other than the debt referred to above are, or are expected to be, reserved, allocated on a long-term basis, or otherwise set aside by the City or any entity controlled by the City pursuant to its budget or financial policies with respect to the Projects. This is consistent with the budgetary and financial circumstances of the City. Copies of this Resolution shall be made available for public inspection in the manner required by law. This Resolution is a declaration of official intent under Treasury Regulation Section 1.103.18, as amended and renumbered from time to time; WHEREAS, the expenses to be charged against abutting property owners may be: (a) paid in cash upon completion of the work; or (b) paid with the taxes the first year following completion of the work; or (c) at the election of the property owner, spread over a period of five (5) years with interest at six percent (6%) per annum on the unpaid balance. The first installment on the five-year plan shall include one-fifth of the principal with the interest for November and December on the unpaid portion and shall be so entered in the tax roll. Each of the subsequent installments shall be entered in each of the annual tax rolls thereafter until all are collected. Deferred payment on the aforementioned installments shall bear interest at six percent (6%) per annum. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Janesville, that pursuant to Wisconsin Statute Section 66.0907, standard concrete sidewalks shall be constructed in front of all herein described parcels of property where standard concrete sidewalks have not been constructed as of May 31, 2012 along the following street(s): 12 September 2011 Page 2 of 3 CITY OF JANESVILLE 2012 NEW SIDEWALK INSTALLATION RESOLUTION NO. 2011-834 Item Side Street From To 1. West Midland Road STH 11/Racine Street Palmer Drive 2. South Ruger Avenue I-90 Overpass S Wright Road 3. Both Wright Road (S) STH 11/Racine Street Ruger Avenue 4. West Wuthering Hills Drive (S) STH 11/Racine Street Enterprise Drive 5. West Chelsea Place Woodhall Drive Parkview Drive 6. West Greendale Drive Greendale Court Woodhall Drive 7. West Margate Drive Skyview Drive Wilshire Lane 8. West Princeton Road Parkview Drive Stuart Street 9. North Skyview Drive N Wright Road Tudor Drive 10. South Stuart Street Suffolk Drive N Wright Road 2205' S of E Milwaukee 11. West Suffolk Drive E Milwaukee Street Street 12. North Wilshire Lane Margate Drive Wuthering Hills Drive 13. North Woodhall Drive Chelsea Place N Wright Road 14. East Wright Road (N) Ruger Avenue Brunswick Lane 15. West Wuthering Hills Drive (N) Skyview Drive Bristol Drive 12 September 2011 Page 3 of 3 CITY OF JANESVILLE 2012 NEW SIDEWALK INSTALLATION RESOLUTION NO. 2011-834 ADOPTED: MOTION BY: APPROVED: SECOND BY: COUNCILMEMBER AYE NAY PASS ABSENT Eric Levitt, City Manager BRUNNER DONGARRA-ADAMS ATTEST: LIEBERT Jean Ann Wulf, City Clerk-Treasurer McDONALD APPROVED AS TO FORM: RASHKIN STEEBER City Attorney, Wald Klimczyk VOSKUIL Proposed by: ENGINEERING DIVISION Prepared by: ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORKS MEMORANDUM 14 October 2011 TO: City Council FROM: Mike Payne, Engineering Manager SUBJECT: PUBLIC HEARING AND ACTION ON A PROPOSED FINAL RESOLUTION FOR PUBLIC WORKS BID SCHEDULE “F”, CONTRACT 2011-22 (FILE RES. NO. 2011-846) ON OCTOBER 24, 2011 Summary: The City Council will consider attached Final Resolution No. 2011-846 for an assessable project on Bid Schedule “F”-2011 at the October 24, 2011 meeting. The Resolution includes the construction of sanitary sewer, water main, and sewer and water laterals required prior to the Wisconsin Department of Transportation constructing roadway modifications as part of the STH 26 improvement project in 2012. By adopting this Final Resolution, the City is declaring its intent to assess the abutting properties benefited by these improvements. The item listed for assessment purposes only is in essence a house keeping item for one property on Northington Drive where sewer and water installed in 1999 when the property was out of the City. The property annexed in 2005 and by including on the Resolution, the Clerk-Treasurer will be able to assess the property when connection to sewer and water occurs. The property owner is aware of the situation. Category I includes water and sewer and laterals. Category II includes water and sewer laterals only. Category III includes water and sewer and laterals (for assessment purposes only). City Manager’s Recommendation: The City Manager concurs with the Engineering Division recommendation. Engineering Division Recommendation: The Engineering Division recommends Final Resolution No. 2011-846 be adopted. Suggested Motion: I move to adopt Final Resolution No. 2011-846. Attachments - Resolution 2011-846 - Engineer’s Report - STH 26 Location Map - Northington Drive Location Map CITY OF JANESVILLE 24 OCTOBER 2011 PUBLIC WORKS BID SCHEDULE “F” – 2011, CONTRACT 2011-22 PAGE (1) OF (4) RESOLUTION NO. 2011-846 FINAL RESOLUTION FINAL RESOLUTION DECLARING INTENT TO EXERCISE SPECIAL ASSESSMENT POWERS UNDER SECTION 66.0703, WISCONSIN STATUTES AND REQUIRING INSTALLATION OF WATER, SEWER, AND GAS SERVICE PIPES AND PROVIDING FOR ASSESSMENT OF COSTS UNDER SECTION 66.0911, WISCONSIN STATUTES; RESOLVED, By the Common Council of the City of Janesville, Wisconsin. 1. The Common Council hereby declares its intention to exercise its power pursuant to S.66.0703 and S.66.0911, Laws of the State of Wisconsin, to levy special assessments on a reasonable basis upon property abutting the following described streets, pursuant to its police powers, by improvement of the said streets to further facilitate traffic flow and safety, and to assist in providing for the safety, health, and general welfare of the public, to-wit: I. SANITARY SEWER, WATER MAIN, AND SEWER AND WATER SERVICE LATERALS All Property Fronting Upon Each Side Of From To McCormick Drive Colt Drive CTH Y/John Paul Road CTH Y/John Paul Road McCormick Drive Shilo Drive II. SEWER AND WATER SERVICE LATERALS All Property Fronting Upon Each Side Of From To Milton Avenue John Paul Road McCormick Drive McCormick Drive Milton Avenue Colt Drive III. SANITARY SEWER, WATER MAIN, AND SEWER AND WATER SERVICE LATERALS, FOR ASSESSMENT PURPOSES ONLY All Property Fronting Upon Each Side Of From To Northington Drive (East Side) 231’ North of E Rotamer Road 351’ Further North CITY OF JANESVILLE 24 OCTOBER 2011 PUBLIC WORKS BID SCHEDULE “F” – 2011, CONTRACT 2011-22 PAGE (2) OF (4) FINAL RESOLUTION NO. 2011-846 2. Said public improvements shall include the above listed improvements on the various listed streets to the grades established therefore by the City Council of the City of Janesville, Wisconsin, and recorded in the Office of the City Clerk whether previously established or established in the future. 3. The property against which the assessments are proposed shall be benefited by the improvements and said assessments shall be made upon a reasonable basis. 4. That the actual levy of the special assessment shall take place at the time of the adoption of the final public works resolution by the Common Council of the City of Janesville concerning these improvements. The property owner(s), if any property abutting and/or benefitting from this project is located in Rock Township, against whose property such special assessment shall be levied under and by this Resolution, shall have their payment obligation deferred, without interest accruing thereon, until such time as their specific property is annexed or connects to such improvement(s), in which event the special assessment shall be due and payable either in full or in five (5) annual installment payments, the latter with interest accruing thereon from the date of annexation or connection. This method of payment shall be approved and ratified by the Board of the Town of Rock in accord with Section 66.0707 of the Wisconsin Statutes, and such other applicable provisions of law and intergovernmental agreement(s), and shall act, once so ratified by the Rock Town Board, as a levied special assessment against such abutting and/or benefiting properties in the Town of Rock. This levy and special assessment payment provisions are in accord with the City of Janesville/Town of Rock Cooperative Boundary Plan, City of Janesville Common Council Special Assessment Policy No. 63, related pertinent provisions, and the Town of Rock/Janesville Highway 11 Bypass Agreement. The special assessment levy and payments shall be made by the abutting, benefiting and affected property owners in accord with the LaPrairie and Rock Township City of Janesville Highway 11 Bypass Agreement, as well as the Rock/Janesville Cooperative Boundary Plan. This provision applies only to the properties located in the Town of Rock. 5. Excluding the assessment for the installation of sewer and water service pipes (lateral) and the assessment against any parcel owned by an individual property owner may be: (a) paid in cash upon completion of the work; or (b) paid with the taxes the first year following completion of the work; or (c) at the election of the property owner, spread over a period of five (5) years with interest at six percent (6%) per annum on the unpaid balance. The first installment on the five-year plan shall include one-fifth of the principal with the interest for November and December on the unpaid portion and shall be so entered in the Tax Roll. Each of the subsequent installments shall be entered in each of the annual tax rolls thereafter until all are collected. Deferred payment on the aforementioned installments shall bear interest at six (6%) per annum. CITY OF JANESVILLE 24 OCTOBER 2011 PUBLIC WORKS BID SCHEDULE “F” – 2011, CONTRACT 2011-22 PAGE (3) OF (4) FINAL RESOLUTION NO. 2011-846 The assessments against any parcel for sewer and water service pipes shall constitute a lien against such parcel and must be paid in cash or with the taxes in the year following the completion of the work. The assessments, as outlined above, pertain only to said individual property owners. The assessments against all parcels of land owned by others, which include subdividers, land developers, speculative builders, or owners of several or more lots on the same street or in the same area will be billed upon completion of the work after which interest at six percent (6%) per annum will be charged from the last day of the month of the billing. The assessments for said other owners may be: (a) paid in cash upon completion of the work in the month of billing without interest; or (b) paid with the taxes the first year following the completion of the work, the amount to be entered in the Tax Roll shall include the unpaid principal with interest through the end of December in the year so entered; or, (c) at the election of the property owner and with the approval of the Committee of Public Works, spread over a period of five (5) years with interest at six percent (6%) per annum on the unpaid balance. The first installment on the five-year plan shall include one-fifth of the principal with interest through the end of December in the year so entered. Each of the subsequent installments shall be entered on each of the annual tax rolls thereafter until all are collected. Deferred payment on the aforementioned installments shall bear interest at six percent (6%) per annum. 6. The City Engineer is directed to prepare a report consisting of: a. Final plans and specifications for said improvements, b. An estimate of the entire cost of the proposed improvements, c. A schedule of the proposed assessments, and d. A statement showing that the property against which the assessments are proposed is benefited, the improvement constituting an exercise of police powers. Upon completing such report, the City Engineer is directed to file a copy thereof in the City Clerk's Office for public inspection. The City Engineer is also directed to advertise for bids to carry out such work of such improvements in accordance with the report. 7. Upon receiving the report of the City Engineer, the Clerk is directed to give notice of a Public hearing on such report as specified in S.66.0703(7)(a), Wisconsin Statutes. The hearing shall be held at the Council Chambers in the Municipal Building at a time set by the Clerk, in accordance with S.66.0703(7)(a), Wisconsin Statutes. CITY OF JANESVILLE 24 OCTOBER 2011 PUBLIC WORKS BID SCHEDULE “F” – 2011, CONTRACT 2011-22 PAGE (4) OF (4) FINAL RESOLUTION NO. 2011-846 8. The City has determined to undertake the capital improvements described in paragraph 1 above (the "Projects"). The City anticipates that moneys, other than the proceeds of any outstanding debt of the City, will be expended by the City with respect to such capital improvements. The City reasonably expects to be reimbursed for such expenditures with proceeds of its debt. The maximum principal amount of debt expected to be issued for the reimbursement of such expenditures is $5,000,000. No funds from sources other than the debt referred to above are, or are expected to be, reserved, allocated on a long-term basis, or otherwise set aside by the City or any entity controlled by the City pursuant to its budget or financial policies with respect to the Projects. This is consistent with the budgetary and financial circumstances of the City. Copies of this resolution shall be made available for public inspection in the manner required by law. This Resolution is a declaration of official intent under Treasury Regulation Section 1.150-2. 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 STEEBER APPROVED AS TO FORM: VOSKUIL CITY OF JANESVILLE 24 OCTOBER 2011 PUBLIC WORKS BID SCHEDULE “F” – 2011, CONTRACT 2011-22 PAGE (5) OF (4) FINAL RESOLUTION NO. 2011-846 Assistant City Attorney Proposed by: Engineering Division Prepared by: Engineering Division REPORT ON PROPOSED SPECIAL ASSESSMENTS FOR PUBLIC IMPROVEMENTS AGAINST PROPERTIES LOCATED IN JANESVILLE, WISCONSIN · This report is submitted in accordance with the requirements of 66.0705, Stats., and the preliminary resolution of the municipal governing body of Janesville, Wisconsin, dated October 10, 2011, determining to levy special assessments on benefitted properties for public improvements described in Schedule B of this report to be made in the assessment district described in Schedule C of this report. This report consists of the following schedules: Schedule A -Final plans and specifications are on file in the City of Janesville Public Works Department. Schedule B -Estimate of entire cost of proposed improvements, attached. Schedule C -Schedule of proposed assessments against each benefitted parcel, attached. J:\Development\Engineering\Special Assessments\Engineer's Report\2011\Bid Schedule F-2011 Engineering Report with Schedules.doc SCHEDULE B PUBLIC WORKS PROJECTS BID SCHEDULE F-2011 PROGRAM SUMMARY ESTIMATEDESTIMATED ESTIMATED TOTAL COSTSASSESSMENTS PROGRAMCITY COSTS I. WATER AND SEWER$208,139$207,641$498 TOTAL$208,139$207,641$498 SOURCES OF FUNDING GENERAL FUND ASSESSMENTS CITY SHARE $498$207,641 Total $208,139 Summary of Assessments for Previously Constructed Improvements III. Sanitary Sewer, Water Main and Sewer and Water Service Laterals$5,202.00 For Assessment Purposes Only OFFICE OF THE CITY ENGINEER Friday, October 14, 2011 J:\Development\Engineering\Special Assessments\Engineer's Report\2011\F-2011 Engineers Report_Condensed.xls SCHEDULE C LIST OF PROPERTY OWNERS & INDIVIDUAL ASSESSMENTS SCHEDULE C --Proposed Assessments. The following properties against which the proposed assessments are to be made are benefitted by the proposed improvement becauseofavailability of municipal water service, provision of water for fire protection, and improvement of reliability ofwater distribution. ParcelProperty AddressOwnerWaterSewerTotal 02082000133033McCormick DrChristopher Roach$13,428.00$0.00$13,428.00 0208200777McCormick/John PaulOut of City$120,665.50$73,547.10$194,212.60 Total Assessments$134,093.50$73,547.10$207,640.60 J:\Development\Engineering\Special Assessments\Engineer's Report\2011\Bid Schedule F-2011 Engineering Report with Schedules.doc DEPARTMENT OF PUBLIC WORKS MEMORANDUM 14 October 2011 TO: City Council FROM: Mike Payne, Engineering Manager SUBJECT: AWARD OF BID SCHEDULE “F” – 2011 CONTRACT 2011-21, STORM SEWER SYSTEM IMPROVEMENTS CONTRACT 2011-22, MILTON AVENUE & McCORMICK DRIVE WATER & SEWER CONTRACT 2011-23, FUEL ISLAND REPAIRS AND CONCRETE FLATWORK Summary Bids for Public Works Bid Schedule “F” – 2011, Contracts 2011-21, -22 and -23, were opened on Wednesday, October 5, 2011. Each of the low bids was found to be responsive however Contract 2011-23 is over budget and therefore will not be recommended for award. Recommendation Following review by the Council, the Engineering Division recommends award of Contracts 2011-21 and -22 to the low bidders and that the City Council express their intent to include in the 2011 Note Issue $246,421 for Milton Avenue and McCormick Drive Water and Sewer. Contract 2011-23 is over budget and is not being recommended for award. City Manager Recommendation The City Manager concurs with the Engineering Division recommendation. Suggested Motion I move to reject the only bid for Contract 2011-23 and award Contracts 2011-21 and -22 to the low bidders. Funding for these improvements is included in the proposed 2011 note issue.2011. Contract 2011-23 is over budget and is not being recommended for award. Background Contract 2011-21, Storm Sewer System Improvements replacement of approximately 1,000 L.F. of 12”-18” storm This project includes sewer, 150 S.Y. heavy rip-rap and river shoreline restoration, and associated street and non-paved surface restoration . We received four (4) bids for this project, with R. T. Fox Contractors providing the low bid. The Engineering Division is recommending award of the contract to R. T. Fox AWARD OF PUBLIC WORKS BID SCHEDULE “F” – 2011 5 OCTOBER 2011 – PAGE 2. Contractors, Inc., Edgerton, WI, in the amount of $336,275.00. The bids received are shown below: 2011-21 Storm Sewer System Improvements R. T. Fox Contractors, Inc. Total Bid: $336,275.00 5628 Hwy. M Edgerton, WI 53534 Globe Contractors, Inc. Total Bid: $348,275.00 N50 W23076 Betker Road Pewaukee, WI 53072 Super Excavators, Inc. Total Bid: $359,415.00 N59 W14601 Bobolink Avenue Menomonee Falls, WI 53051 E & N Hughes Co., Inc. Total Bid: $395,657.25 N2629 Coplien Road, P.O. Box 408 Monroe, WI 53566 Funding for this project is Note Issue proceeds from prior years. Contract 2011-22, Milton Avenue and McCormick Drive Water & Sewer This project includes construction of approximately 500 L.F. of 8” sanitary sewer, 1,200 L.F. of 8”-12” water main, 500 L.F. sanitary sewer and water laterals, and associated street and non-paved surface restoration. We received three (3) bids for this project, with Maddrell Excavating providing the low bid. The Engineering Division is recommending award of the contract to Maddrell Excavating, LLC, Monroe, WI, in the amount of $246,421.00. The bids received are shown below: 2011-22 Milton Avenue and McCormick Drive Water & Sewer Maddrell Excavating, LLC Water Main: $136,601.00 W6886 State Hwy. 11 Sanitary Sewer: $49,935.00 Monroe, WI 53566 Lateral Work: $59,885.00 Total Bid: $246,421.00 R. T. Fox Contractors, Inc. Water Main: $128,350.00 5628 Hwy. M Sanitary Sewer: $39,100.00 Edgerton, WI 53534 Lateral Work: $84,000.00 Total Bid: $251,450.00 AWARD OF PUBLIC WORKS BID SCHEDULE “F” – 2011 5 OCTOBER 2011 – PAGE 3. Globe Contractors, Inc. Water Main: $146,835.00 N50 W23076 Betker Road Sanitary Sewer: $62,030.00 Pewaukee, WI 53072 Lateral Work: $61,400.00 Total Bid: $270,265.00 Funding for this project is the 2011 Note Issue. Contract 2011-23, Fuel Island Repairs and Concrete Flatwork This project at the City Services Center consists of replacing the concrete fueling pad and fueling island, including disconnecting, salvaging and reinstalling four fuel dispensers and one “Fuel Force” operator interface station, disconnecting all electrical components, replacing all conduit and electrical feeds, replacing all fuel piping, replacing manhole skirts and covers, reconnecting all electrical components, and replacement of disturbed asphalt pavement. Although there were two prequalified contractors, we only received one (1) bid for this project with Stenstrom Petroleum Services providing the low bid. The Engineering Division is recommending the bid be rejected since it is over budget. The bid received is shown below: 2011-23 Fuel Island Repairs and Concrete Flatwork Stenstrom Petroleum Services Total Bid: 92,610.72 2422 Center Street Rockford, IL 61108 Funding for this project was $50,000 included in the 2011 Vehicle Operation & Maintenance operating budget. This project will likely be included as a capital project in the 2013 operating budget. cc: Eric Levitt Jay Winzenz Carl Weber ADMINISTRATIVE SERVICES MEMORANDUM October 18, 2011 TO: City Council FROM: Jacob J. Winzenz, Director of Admin. Services\Assistant City Manager SUBJECT: Action on a Proposed Resolution Authorizing the Issuance of $13,970,000 General Obligation Promissory Notes, Series 2011-A, of the City of Janesville, Wisconsin, and Providing the Details Thereof (File Res. #2011-842) Summary The City of Janesville uses a two-step process for the issuance of Promissory Notes. On October 10, 2011, the City Council reviewed the proposed capital program and approved the initial resolution authorizing the issuance of $12,065,000 in promissory notes. At that time the City Council could either increase or decrease the proposed note issue. The City Council will now consider the details resolution (File Resolution 2011-842). At this time the City Council cannot increase the total amount th of the note issue, but can only approve it as is, or decrease the total. On Monday, November 14 the City Council will be asked to award the sale of the notes and we expect to receive to proceeds from the note sale on December 1, 2011. Recommendation Staff has examined each project included in the proposed note issue and deferred a number of projects in order to reduce the debt service impact. I believe the projects included reflect the needs of the community and the priorities of the City Council. I recommend that the City Council approve File Resolution 2011-842 as proposed. City Manager Recommendation The City Manager concurs with the Administrative Services Department recommendation. Suggested Motion I move to approve File Resolution 2011-842 authorizing the issuance of $13,970,000 General Obligation Promissory Notes, Series 2011-A, of the City of Janesville, Wisconsin, and providing the details thereof. Background On October 10, 2011, Council approved Resolution #2011-841 authorizing the issuance of $12,065,000 in promissory notes to fund our annual Capital Improvement Program. The following table indicates the amount of proposed note proceeds that each Fund would receive. 2011 CAPITAL BUDGET/NOTE ISSUE General Fund: Public Works Program$1,455,000 Street Maintenance and Improvements950,000 Renovate Playgrounds/Maintain Equipment40,000 Skate Board Park and Site Restoration100,000 Downtown and Neighborhood Property Acquisitions140,000 Parking Lot Reconstruction - Palmer Drive/Park195,000 Building Maintenance200,000 Fire Station #1500,000 Tallman House300,000 City Services Center - Storage (design)50,000 Cemetery Capital60,000 Golf Course Capital100,000 Technology Enhancements120,000 Fire Vehicle Replacements1,000,000 Public Safety Equipment800,000 $6,010,000 Special Assessments (includes Water and Wastewater)845,000 Water Fund2,235,000 Wastewater Fund1,775,000 Stormwater Fund0 Sanitation Fund200,000 Hedberg Public Library150,000 TIF/Industrial Development Fund850,000 TOTAL$12,065,000 The table below indicates the history of note sales over the last five years. The proposed 2011 issue is approximately 18.9% below the average annual amount issued between the years 2006–2010. 2 HISTORY OF G.O. NOTE SALES 5-Issue Fund20062007200820092010 Average General Fund $6,460,000$4,935,000$6,395,000$7,965,000$3,535,000$5,858,000 Special Assessments 4,275,0002,790,0001,535,000760,00065,000$1,885,000 Water Utility Assessable 1,700,000650,0001,060,00000$682,000 Non-Assessable 3,685,000725,0001,990,0002,145,000970,000$1,903,000 Subtotal Water 5,385,0001,375,0003,050,0002,145,000970,0002,585,000 Wastewater Utility Assessable 2,205,000810,000700,0000200,000$783,000 Non-Assessable 1,555,0003,040,0001,185,000765,000325,000$1,374,000 Subtotal WW 3,760,0003,850,0001,885,000765,000525,0002,157,000 Stormwater Utility Assessable 750,0000220,000$323,333 Non-Assessable 25,0001,045,0001,125,000$731,667 Subtotal Storm 140,00020,000775,0001,045,0001,345,0001,055,000 Sanitation Fund 00465,0001,750,000240,000$491,000 Tax Incremental Districts 620,00070,000915,000625,0001,055,000$657,000 Golf Courses 00000$0 Benefits Internal Service Fund 00000$0 Library 160,000125,000225,000350,00085,000$189,000 TOTAL $20,800,000$13,165,000$15,245,000$15,405,000$7,820,000$14,877,000 General Fund Debt Service 4,395,3814,572,1884,722,3445,292,8695,364,448$4,869,446 Change206,505176,807150,156570,52571,579$235,114 NOTE - Does not include • Water and Wastewater Utility Revenue Bonds • Amount borrowed in 2006 to refund 1999 Promissory Notes $3,175,000 • Amount borrowed in 2009 to refund 2000, 2001, 2002, & 2003 Promissory Notes $9,065,000 In addition to funding our annual capital improvement program, File Resolution 2011-842 authorizes the issuance of $1,905,000 in debt to refund series 2003 and 2003A notes. These notes were callable on August 1, 2011 and carry interest rates ranging from 3.10% to 3.50%. We are proposing calling these notes for 2 reasons. First, for interest savings as current interest rates are estimated to be 2.5% or less. Second, a portion of the 2003 notes are special assessment debt and we would like to reclassify this to General Fund debt. The 2011 General Fund Budget contains a debt service appropriation of $4,983,084. Based upon previously issued General Obligation Debt, our 2012 General Fund debt service appropriation would be $4,735,658. However, we anticipate having to budget approximately $452,921 for debt service, based on an average estimated 2.5% interest rate, related to the proposed 2011 Note Issue. 3 Therefore, our total 2012 debt service appropriation will be approximately $5,188,579 or $205,496 (4.1%) more than the amount budgeted for this year. The General Fund’s share of the authorized issue will be repaid over a term of ten years. Based Graph I upon an anticipated 2.5% interest rate, presents the impact that the proposed issue will have on future annual debt service tax levies. Please note that the amount reported for 2015 does not include our $2,103,000 principal payment related to the 2005 taxable note issue (WRS refinancing). GRAPH I DEBT SERVICE PAYMENT SCHEDULE General Fund Payment Amount (in thousands of dollars) 6,000 5,000 4,000 3,000 2,000 1,000 0 `11`12`13`14`15`16`17`18`19`20`21 Years CurrentProposed The Special Assessments Projects (non-Water/Wastewater) account will receive $435,000 of note proceeds. We have structured the proposed debt retirement schedule so that the principal will be Graph II, repaid over a term of six years (2012-2017). Please refer to which presents the impact that the proposed note issue will have on the corresponding Special Assessments Projects debt service requirements. 4 GRAPH II DEBT SERVICE PAYMENT SCHEDULE Special Assessments Payment Amount (in thousands of dollars) 3,500 3,000 2,500 2,000 1,500 1,000 500 0 `11`12`13`14`15`16`17`18`19`20`21 Years CurrentProposed The Water Utility is expected to receive note proceeds totaling $2,030,000. We have structured the proposed debt retirement schedule so that the Water Utility will repay the principal over a Graph III, term of ten years. We have prepared which indicates the effect that the proposed note issue will have on the Water Utility’s annual debt service requirements. Please note that the amount reported for 2016 does not include our $950,000 principal payment related to the 2006A note issue (Water Tower). We have projected that the Utility’s 2012 debt service payment will increase decrease $349,219, or 11.15% from the amount paid in 2011. GRAPH III DEBT SERVICE PAYMENT SCHEDULE Water Utility Payment Amount (in thousands of dollars) 3,500 3,000 2,500 2,000 1,500 1,000 500 0 `11`12`13`14`15`16`17`18`19`20`21 Years CurrentProposed The Wastewater Utility is expected to receive note proceeds totaling $1,110,000. Please refer to Graph IV, which presents the impact that the proposed note issue will have on the Wastewater 5 Utility’s annual debt service requirements. We have projected that the Utility’s 2012 debt service payment will increase $1,068,001, or 31.33% from the amount paid in 2011. GRAPH IV DEBT SERVICE PAYMENT SCHEDULE Wastewater Utility Payment Amount (in thousands of dollars) 5,000 4,500 4,000 3,500 3,000 2,500 2,000 1,500 1,000 500 0 `11`12`13`14`15`16`17`18`19`20`21 Years CurrentProposed The Stormwater Utility is not expected to receive any note proceeds. Sufficient funding is currently Graph V, available to complete proposed projects. Please refer to which presents the impact that the proposed note issue will have on the Stormwater Utility’s annual debt service requirements. GRAPH V DEBT SERVICE PAYMENT SCHEDULE Stormwater Utility Payment Amount (in thousands of dollars) 600 500 400 300 200 100 0 `11`12`13`14`15`16`17`18`19`20`21 Years CurrentProposed The Hedberg Public Library is expected to receive note proceeds in the amount of $150,000. We Graph VI have prepared to illustrate the effect that the proposed note issue will have on the Library’s annual debt service requirements. Please note that the amount reported for 2015 does 6 not include our $341,000 principal payment related to the 2005 taxable note issue (WRS refinancing). We have projected that the Hedberg Public Library 2012 debt service payment will decrease $25,193, or 10.5% from the amount paid in 2011. GRAPH VI DEBT SERVICE PAYMENT SCHEDULE Hedberg Public Library Payment Amount (in thousands of dollars) 300 250 200 150 100 50 0 `10`11`12`13`14`15`16`17`18`19`20 Years CurrentProposed The Sanitation Fund is expected to receive note proceeds in the amount of $200,000. Prior to 2008, Sanitation fund projects had been funded through the General Fund. The 2011 note repayment has been structured so that the principal will be retired within ten years. We have Graph VII prepared to illustrate the effect that the proposed note issue. GRAPH VII DEBT SERVICE PAYMENT SCHEDULE Sanitation Fund Payment Amount (in thousands of dollars) 1,000 900 800 700 600 500 400 300 200 100 0 `11`12`13`14`15`16`17`18`19`20`21 Years CurrentProposed 7 The TIF#22 District (Venture Drive) will receive $850,000 for the construction of a business incubator. This is the local match for a grant from the Economic Development Administration. We Graph IX have prepared to illustrate the effect that the proposed note issue will have on the TIF #22 annual debt service requirements. GRAPH IX DEBT SERVICE PAYMENT SCHEDULE TIF 22 –Venture Drive Payment Amount (in thousands of dollars) 1,400 1,200 1,000 800 600 400 200 0 `11`12`13`14`15`16`17`18`19`20`21 Years CurrentProposed Graph X presents the impact that the proposed note issue will have on the City’s total General Obligation Debt Service requirements. Please note that the amount reported for 2015 does not include our $3,000,000 principal payment related to the 2005 taxable note issue (WRS refinancing) or the $950,000 related to the water tower borrowed with issue 2006A. These notes will be refinanced to extend the term of the debt. 8 GRAPH X DEBT SERVICE PAYMENT SCHEDULE General Obligation Debt-all Funds Payment Amount (in thousands of dollars) 18,000 16,000 14,000 12,000 10,000 8,000 6,000 4,000 2,000 0 `11`12`13`14`15`16`17`18`19`20`21 Years CurrentProposed The Council Policy Statement – “Debt Management” places two (2) limitations on the issuance of debt. First, general obligation debt is limited to 2.5% of the equalized assessed value. If the proposed note issue is approved, general obligation debt will represent 1.89% of the equalized value of the community. Second, annual General Fund debt service payments for General Obligation Debt, exclusive of that funded by enterprise operations or debt approved exceeding the debt limit described above, shall not exceed 15 percent of annual General Fund expenditures. If the proposed note issue is approved, General Fund debt service payments will equal 12.4% of annual General Fund expenditures. In addition, the Council Policies on Debt Management references several debt ratios, which are used by investors and financial rating analysts when they review the City’s credit worthiness. These ratios are: Applicable to Legal Debt Margin; Debt Per Capita – All Funds (G.O. & Revenue Debt); Debt as Percentage of Equalized Value; and General Fund Debt Service as Percentage of Total Actual Exhibit III Expenditures. illustrates these ratios. It should be noted that we are proposing to issue $12,065,000 in new debt, whereas, the total amount of existing debt principal scheduled to be retired this year will total $14,115,021. During the Council Meeting of October 24, 2011, the Council will consider Resolution #2011-842 which will finalize their consideration of City projects, which are proposed to be financed Exhibit I by the issuance of long-term debt (). It should be noted, regarding the General Fund debt service requirements, based upon an average estimated interest rate of 2.5% and a term of ten years, each $100,000 of note proceeds will result in an average annual debt service payment of approximately $11,188. For Council’s reference, also attached is a Memorandum Report, which describes the scope of the Exhibit II individual projects (). This attachment was also included with the previously adopted Resolution #201-841, which authorized the issuance of these notes. If you should require any additional information concerning the overall fiscal impact that the proposed 9 2011 G.O. Note Issue will have on the City’s finances, please feel free to contact me at your convenience. Attachments J:\Finance & Administration\Finance Administration\Debt\Note Issue\Spring 2011\Details Memo.docx 10 RESOLUTION NO. 2011-842 RESOLUTION AUTHORIZING THE ISSUANCE OF $13,970,000 GENERAL OBLIGATION PROMISSORY NOTES, SERIES 2011, OF THE CITY OF JANESVILLE, WISCONSIN, AND PROVIDING THE DETAILS THEREOF Be it resolved by the City Council of the City of Janesville, Wisconsin, as follows: Section 1. Authority and Purpose . This resolution is adopted pursuant to Section 67.12(12) of the Wisconsin Statutes to authorize the issuance of notes for the improvements or purposes described below. First, $12,065,000 for the following purposes: (a) $2,840,000 to construct and improve streets; (b) $0 to construct and improve storm sewers; (c) $335,000 to acquire, improve and maintain parks and public grounds; (d) $1,260,000 to acquire, improve and maintain public buildings and grounds; (e) $3,440,000 to acquire capital equipment; (f) $200,000 to construct and close landfills; (g) $2,030,000 to extend and improve the waterworks system; (h) $1,110,000 to extend and improve the sanitary sewer system; and (i) $850,000 to provide financial assistance for community development. Second, $1,905,000 for the purpose or refunding General Obligation Promissory Notes, Series 2003 and Series 2003-A. The foregoing improvements or purposes are each hereby authorized to be made or undertaken by the City of Janesville, Wisconsin. For the purpose of paying principal of and interest on the notes, there is hereby levied on all the taxable property in the City a direct, annual, irreparable tax sufficient for that purpose. Section 2. Authorization and Terms of Notes . To meet part of the estimated cost of the improvements or purposes described in Section 1 of this resolution, there is hereby appropriated the sum of $13,970,000. For the purpose of financing said appropriation, (i) Series 2011 Notes of the City shall be issued and sold in an aggregate principal amount of $13,970,000 and shall be designated General Obligation Promissory Notes, Series 2011 (the “Notes”). The Notes shall be designated as described in Section 1 and shall be issuable in the denominations of $5,000 or any integral multiple thereof. Each series of Notes shall be numbered consecutively from 1 upwards in order of their issuance and may bear such other identifying numbers or letters as may be useful to facilitate the registration, transfer and exchange thereof. Each Note shall be dated as of the interest payment date next preceding the date of issuance thereof, except that (a) if such date of issuance shall be prior to the first interest payment date, said Note shall be dated as of the date of its initial delivery, (b) if such date of issuance shall be an interest payment date, said Note shall be dated as of such interest payment date, or (c) if interest due on said Note shall not have been paid in full, then, notwithstanding any of the foregoing provisions, said Note shall be dated as of the date to which interest has been paid in full on said Note. The Notes shall mature and bear interest on the dates and in the amounts established by subsequent action of the City Council. The principal of and premium, if any, on the Notes shall be payable in lawful money of the United States of America at the principal corporate trust office of the bank, trust company or national banking association designated in Section 7 of this resolution, as note registrar, or at any additional or successor paying agent or fiscal agent designated by the City pursuant to Section 67.10(2), Wisconsin Statutes. Interest on the Notes shall be payable in lawful money of the United States of America on each interest payment date to the registered owners of record thereof appearing on the registration books maintained by the City for such purpose at the principal office of the note registrar, as of the close of business on the fifteenth day of the calendar month next preceding the applicable interest payment date. Interest on the Notes shall be paid by check or draft mailed to such registered owners at their addresses appearing on the registration books. The Notes shall be subject to redemption prior to maturity as provided by subsequent action of the City Council. In the event of the redemption of less than all of a series of Notes of like maturity, the aggregate principal amount thereof to be redeemed shall be $5,000 or an integral multiple thereof, and the note registrar shall assign each Note of such maturity a distinctive number for each $5,000 principal amount of such Note and shall select by lot from the numbers so assigned as many numbers as, at $5,000 for each number, shall equal the principal amount of such Notes to be redeemed. The Notes to be redeemed shall be the Notes to which were assigned the numbers so selected, provided that only so much of the principal amount of each Note shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. Notice of the redemption of Notes shall be mailed not less than 30 days nor more than 60 days prior to the date fixed for such redemption to the registered owners of Notes to be redeemed at their last addresses appearing on said registration books. The Notes or portions thereof specified in said notice shall become due and payable at the applicable redemption price on the redemption date therein designated, and if, on the redemption date, moneys for payment of the redemption price of all the Notes or portions thereof to be redeemed, together with interest to the redemption date, shall be available for such payment on said date, then from and after the redemption date interest on such Notes or portions thereof shall cease to accrue and shall become payable. If there shall be drawn for redemption less than all of a Note, the City shall execute and the note registrar shall authenticate and deliver, upon the surrender of such Note, without charge to the owner thereof, for the unredeemed balance of the Note so surrendered, Notes of like maturity and of the denomination of $5,000 or any integral multiple thereof. The Notes may be initially issued in temporary form and shall be exchanged for definitive printed Notes as soon as possible. The temporary Notes shall be executed as provided herein and shall be in substantially the form set forth in Section 5 hereof. Section 3. Execution and Authentication of Notes . The Notes shall be executed in the name of the City by the manual or facsimile signatures of its City Manager and City Clerk, 2 and the corporate seal of the City, or a facsimile thereof, shall be thereunto affixed, impressed or otherwise reproduced thereon. In case any officer whose signature, or a facsimile of whose signature, shall appear on any Notes shall cease to hold such office before the issuance of the Notes, such Notes shall nevertheless be valid and sufficient for all purposes, the same as if the person whose signature, or a facsimile thereof, appears on such Notes had not ceased to hold such office. Any Note may be signed, sealed or attested on behalf of the City by any person who, on the date of such act, shall hold the proper office, notwithstanding that at the date of such Note such person may not have held such office. No recourse shall be had for the payment of any Notes against any officer who executes the Notes. The Notes shall bear thereon a certificate of authentication executed manually by the note registrar. No Note shall be entitled to any right or benefit under this resolution or shall be valid or obligatory for any purpose until such certificate of authentication shall have been duly executed by the note registrar. Section 4. General Obligations . The full faith and credit of the City are hereby irrevocably pledged to the punctual payment of the principal of and interest on the Notes. The Notes shall be direct and general obligations of the City, and the City shall be obligated to levy ad valorem taxes upon all the taxable property in the City for the payment of the Notes and the interest thereon, without limitation as to rate or amount. Section 5. Form of Notes . The Notes shall be issued as fully registered Notes and shall be substantially in the following form, the blanks to be appropriately completed when the Notes are printed: 3 [FORM OF NOTE] United States of America State of Wisconsin County of Rock CITY OF JANESVILLE GENERAL OBLIGATION PROMISSORY NOTE SERIES 2011 REGISTERED NO. REGISTERED $ Dated Date Interest Rate Maturity Date CUSIP REGISTERED OWNER: PRINCIPAL AMOUNT: The CITY OF JANESVILLE, a municipal corporation of the State of Wisconsin situate in the County of Rock, acknowledges itself indebted and for value received hereby promises to pay to the registered owner identified above, or registered assigns, the principal amount specified above on the maturity date specified above, unless this note shall be redeemable and shall have previously been called for redemption and payment of the redemption price made or provided for, and to pay interest on such principal amount from the dated date hereof at the interest rate per annum specified above, payable in lawful money of the United States of America on February 1, 2012, and semiannually thereafter on the first days of August and February in each year until the principal amount shall have been paid, by check or draft mailed to the registered owner of record hereof as of the fifteenth day of the calendar month next preceding such interest payment date, at the address of such owner appearing on the registration books maintained by the City for such purpose at the principal corporate trust office of Wells Fargo Bank, N.A., in the City of Chicago, Illinois, as fiscal agent pursuant to Section 67.10(2), Wisconsin Statutes, and as note registrar or its successor (the “Note Registrar”). This note, as to principal and premium, if any, when due, will be payable in lawful money of the United States of America upon presentation and surrender of this note at the office of the Note Registrar. The full faith and credit of the City are irrevocably pledged for the punctual payment of the principal of and interest on this note according to its terms. This note is part of a series of notes issued in the aggregate principal amount of $13,970,000, which are all of like tenor except as to date, maturity, option of redemption and rate of interest. The notes are being issued for the following purposes: (i) to construct and improve streets; (ii) to construct and improve storm sewers; (iii) to acquire, improve and maintain parks and public grounds; (iv) to acquire, improve and maintain public buildings and grounds; (v) to acquire capital equipment; (vi) to construct and close landfills; (vii) to extend and improve the waterworks system; and (viii) to extend and improve the sanitary sewer system, as well as to refund General Obligation Promissory Notes, Series 2003 and Series 2003-A, of the City, including the costs of issuance of the notes. The notes are authorized and issued under and pursuant to Section 67.12(12) of the Wisconsin Statutes and under and in accordance with resolutions adopted by the City Council of the City on October 12, 2011 and entitled: “Resolution Authorizing the Issuance of $12,065,000 in Promissory Notes for Financing Various 4 Public Purposes”; on October 26, 2011 and entitled: “Resolution Authorizing the Issuance of $13,970,000 General Obligation Promissory Notes, Series 2011, of the City of Janesville, Wisconsin, and Providing the Details Thereof”; and on November 14, 2011, and entitled: “Resolution Awarding $13,970,000 General Obligation Promissory Notes, Series 2011, of the City of Janesville, Wisconsin, Establishing Interest Rates Thereon and Levying Taxes Therefor.” The notes maturing on or after February 1, 2020 are subject to redemption prior to maturity as a whole or in part at the option of the City upon notice as herein provided, in any order of maturity and by lot within a single maturity, on February 1, 2019, and on any date thereafter, at a redemption price equal to 100% of the principal amount thereof to be redeemed plus accrued interest to the redemption date and without premium. Notice of the redemption of notes shall be mailed not less than 30 days nor more than 60 days prior to the date fixed for such redemption to the registered owners of notes to be redeemed at their last addresses appearing on such registration books. The notes or portions thereof specified in said notice shall become due and payable at the applicable redemption price on the redemption date therein designated, and if, on the redemption date, moneys for payment of the redemption price of all the notes or portions thereof to be redeemed, together with interest to the redemption date, shall be available for such payment on said date, then from and after the redemption date interest on such notes or portions thereof shall cease to accrue and shall become payable. This note is transferable only upon such registration books by the registered owner hereof in person, or by his attorney duly authorized in writing, upon surrender hereof at the office of the Note Registrar together with a written instrument of transfer satisfactory to the Note Registrar duly executed by the registered owner or by his duly authorized attorney, and thereupon a new registered note or notes, in the authorized denominations of $5,000 or any integral multiple thereof and of the same aggregate principal amount, maturity and interest rate as this note shall be issued to the transferee in exchange therefor. In like manner, this note may be exchanged for an equal aggregate principal amount of notes of the same maturity and interest rate and of any of such authorized denominations. The City or the Note Registrar may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange of this note. No other charge shall be made for the privilege of making such transfer or exchange. The City and the Note Registrar may treat and consider the person in whose name this note is registered as the absolute owner hereof for the purpose of receiving payment of, or on account of, the principal, premium, if any, and the interest due hereon and for all other purposes whatsoever. This note shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been duly executed by the Note Registrar. It is hereby certified, recited and declared that all acts, conditions and things required to be done, exist and be performed precedent to and in the issuance of this note in order to make it a legal, valid and binding obligation of the City have been done, exist and have been performed in regular and due time, form and manner as required by law, that a direct, annual, irreparable tax has been levied by the City sufficient to pay the interest when it falls due and also to pay and discharge the principal at maturity, and that the series of notes of which this note is one, together with all other indebtedness of the City, is within every debt or other limit prescribed by law. IN WITNESS WHEREOF, the CITY OF JANESVILLE has caused this note to be executed in its name and on its behalf by the manual or facsimile signatures of its City Manager 5 and its City Clerk, and its corporate seal, or a facsimile thereof, to be hereunto affixed or otherwise reproduced hereon. CITY OF JANESVILLE By City Manager By City Clerk 6 CERTIFICATE OF AUTHENTICATION Date of Authentication: This note is one of the General Obligation Promissory Notes, Series 2011, described in the within mentioned resolutions. WELLS FARGO BANK, N.A., as Note Registrar By Authorized Officer ASSIGNMENT For value received the undersigned sells, assigns and transfers unto the within note and hereby irrevocably constitutes and appoints attorney to transfer the said note on the books kept for registration thereof, with full power of substitution in the premises. Dated Signature Guaranty: Section 6. Transfer, Exchange and Registry . The Notes shall be negotiable, subject to the provisions for registration of transfer contained herein. Each Note shall be transferable only upon the registration books maintained by the City for that purpose at the office of the note registrar, by the registered owner thereof in person or by his attorney duly authorized in writing, upon surrender thereof together with a written instrument of transfer satisfactory to the note registrar and duly executed by the registered owner or his duly authorized attorney. Upon the surrender for transfer of any such Note, the City shall execute and the note registrar shall authenticate and deliver a new Note or Notes registered in the name of the transferee, of the same aggregate principal amount, maturity and interest rate as the surrendered Note. Notes, upon surrender thereof at the office of the note registrar, with a written instrument satisfactory to the note registrar, duly executed by the registered owner or his attorney duly authorized in writing, may be exchanged for an equal aggregate principal amount of Notes of the same maturity and interest rate and of the denominations of $5,000 or any integral multiple thereof. For every such exchange or registration of transfer of Notes, the City or the note registrar may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. No other charge shall be made for the privilege of making such transfer or exchange. 7 The note registrar shall not be required to transfer or exchange any Note after notice of the redemption of all or a portion thereof has been mailed. The note registrar shall not be required to transfer or exchange any Note during a period of 15 days next preceding the mailing of a notice of redemption that could designate for redemption all or a portion of such Note. The City and the note registrar may deem and treat the person in whose name any Note shall be registered upon the registration books as the absolute owner of such Note, whether such Note shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of, premium, if any, or interest thereon and for all other purposes whatsoever, and all such payments so made to any such registered owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Note to the extent of the sums or sums so paid, and neither the City nor the note registrar shall be affected by any notice to the contrary. In order to provide for the initial issuance of the Notes in a form that provides for a system of book-entry only transfers, the ownership of one fully registered Note for each maturity in the aggregate principal amount of such maturity shall be registered in the name of Cede & Co., as a nominee of The Depository Trust Company, New York, New York (“DTC”). In the event that the City determines that the system of book-entry only transfers through DTC (or a successor securities depository) is not in the best interests of the Beneficial Owners (as hereinafter defined) of the Notes or is burdensome to the City, the City may notify DTC, whereupon DTC will notify the DTC Participants (as hereinafter defined) of the availability through DTC of Note certificates. In such event, the City shall issue and the note registrar shall authenticate, transfer and exchange note certificates as requested by DTC of like principal amount, series and maturity, in denominations of $5,000 or any integral multiple thereof to the identifiable Beneficial Owners, in replacement of such Beneficial Owners’ beneficial interests in the Notes. For the purposes of this paragraph, the term “Beneficial Owners” shall mean (a) those persons for whom DTC was created to hold their securities (“DTC Participants”), and (b) the persons for whom the DTC Participants acquire interests in the Notes as nominees. Section 7. Note Registrar . The City has contracted with and designated Wells Fargo Bank, N.A., Chicago, Illinois, to serve as fiscal agent pursuant to Section 67.10(2), Wisconsin Statutes, and as note registrar. The City covenants that it maintain at the designated office of such note registrar a place where Notes may be presented for payment and registration of transfer or exchange and that it shall require that the note registrar maintain proper registration books and perform the other duties and obligations imposed upon it by this resolution in a manner consistent with the standards, customs and practices of the municipal securities business. The note registrar shall signify its acceptance of the duties and obligations imposed upon it by this resolution by executing the certificate of authentication on any Note, and by such execution the note registrar shall be deemed to have certified to the City that it has all requisite power to accept, and has accepted, such duties and obligations not only with respect to the Note so authenticated but with respect to all the Notes. The note registrar is the agent of the City and shall not be liable in connection with the performance of its duties except for its own negligence or default. The note registrar shall, however, be responsible for any representation in its certificate of authentication on the Notes. The City may remove the note registrar at any time. In case at any time the note registrar shall resign or shall be removed or shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or if a receiver, liquidator or conservator of the note registrar, or of its property, shall be appointed, or if any public officer shall take charge or control of the 8 note registrar or of its property or affairs, the City covenants and agrees that it will thereupon appoint a successor note registrar. The City shall mail notice of such appointment made by it to each registered owner of Notes within 20 days after such appointment. Any successor note registrar appointed under the provisions of this Section, other than the Finance Director, shall be a bank, trust company or national banking association maintaining a corporate trust office in the State of Wisconsin, the City of Chicago, Illinois, or the Borough of Manhattan, City and State of New York. Section 8. Sale of Notes . The Notes shall be advertised for sale by the City Clerk in the manner provided herein, and the City Clerk is authorized to circulate an Official Statement prepared by Wisconsin Public Finance Professionals, LLC, Milwaukee, Wisconsin, and an Official Notice of Sale. When the Notes shall have been sold, this Council will adopt the proceedings to award the Notes, fix the interest rates thereon in accordance with the bid accepted, and levy taxes to meet principal thereof and interest thereon at maturity as required by law. Section 9. Application and Investment of Note Proceeds . Following the sale of the Notes, the City Manager and City Clerk are hereby authorized and directed to execute and deliver the Notes to the purchasers thereof upon payment therefor; and the principal proceeds from the sale of the Notes shall be used only for the purposes and in the manner required by law and by this resolution. The proceeds may be invested in the manner permitted by law, subject to the restrictions contained in the next succeeding section. Section 10. Tax Covenants . (a) The City shall not take, nor omit to take, any action that is lawful and within its power to take, which action or omission would cause interest on any Note to become subject to federal income taxes in addition to federal income taxes to which interest on such Note is subject on the date of issuance thereof. (b) The City shall not permit any of the proceeds of the Notes, or any facilities financed with such proceeds, to be used in any manner that would cause any Note to constitute a “private activity bond” within the meaning of Section 141 of the Internal Revenue Code of 1986 (the “Code”). (c) The City shall not permit any of the proceeds of the Notes or other moneys to be invested in any manner that would cause any Note to constitute an “arbitrage bond” within the meaning of Section 148 of the Code. (d) The City shall comply with the provisions of Section 148(f) of the Code relating to the payment of certain investment earnings at periodic intervals to the United States of America; provided, however, that such payment shall not be required to the extent the City receives an opinion of nationally recognized bond counsel (which opinion may be given in reliance upon a ruling or rulings of the Internal Revenue Service) to the effect that such payment is not necessary to preserve the exemption from federal income taxes of interest on the Notes. (e) The City does not designates the Notes as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code. 9 Section 11. Continuing Disclosure . In connection with the sale of the Notes, the Director of Administrative Services/Assistant City Manager or his designee (an “Authorized Officer”) is hereby authorized to execute and deliver a Continuing Disclosure Undertaking (the “Continuing Disclosure Undertaking”) evidencing the City’s agreement to comply with the requirements of Section (b)(5) of Rule 15c2-12, adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934. Upon its execution and delivery on behalf of the City as herein provided, the Continuing Disclosure Undertaking will be binding on the City, and the officers, employees and agents of the City are hereby authorized to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Continuing Disclosure Undertaking as executed. Any Authorized Officer is hereby further authorized to amend the Continuing Disclosure Undertaking in accordance with its respective terms from time to time following its execution and delivery as said officer shall deem necessary. In addition, an Authorized Officer is authorized to make or cause to be made all future filings with the Municipal Securities Rulemaking Board with respect to any debt obligations, all in accordance with the provisions of Securities and Exchange Commission Rule 15c2-12(b)(5) promulgated under the Securities Exchange Act of 1934. Notwithstanding any other provision of this Resolution, the sole remedies for any failure by the City to comply with the Continuing Disclosure Undertaking shall be the ability of the beneficial owner of any applicable Note to seek mandamus or specific performance by court order to cause the City to comply with its obligations under the Continuing Disclosure Undertaking. Section 12. Defeasance and Payment of Notes . (a) If the City shall pay or cause to be paid to the registered owners of the Notes of a series the principal, premium, if any, and interest due or to become due thereon, at the times and in the manner stipulated therein and in this resolution, then the pledge of taxes, securities and funds hereby pledged and the covenants, agreements and other obligations of the City to the registered owners and the beneficial owners of the Notes shall be discharged and satisfied. (b) Any Notes, whether at or prior to the maturity or the redemption date of such Notes, shall be deemed to have been paid within the meaning of this Section if (i) in case any such Notes are to be redeemed prior to the maturity thereof, there shall have been taken all action necessary to call such Notes for redemption and notice of such redemption shall have been duly given or provision shall have been made for the giving of such notice, and (ii) there shall have been deposited in trust with a bank, trust company or national banking association acting as fiduciary for such purpose either (A) moneys in an amount which shall be sufficient, or (B) “Federal Obligations” as defined in paragraph (c) of this Section, the principal of and the interest on which when due will provide moneys which, together with any moneys on deposit with such fiduciary at the same time for such purpose, shall be sufficient to pay when due the principal of, redemption premium, if any, and interest due and to become due on said Notes on and prior to the applicable redemption date or maturity date thereof. (c) As used in this Section, the term “Federal Obligations” means (i) noncallable, direct obligations of the United States of America, (ii) noncallable and nonprepayable, direct obligations of any agency of the United States of America, which are unconditionally guaranteed by the United States of America as to full and timely payment of principal and interest, (iii) noncallable, nonprepayable coupons or interest installments from the securities described in clause (i) or clause (ii) of this paragraph, which are stripped pursuant to programs of the Department of the Treasury of the 10 United States of America, or (iv) coupons or interest installments stripped from bonds of the Resolution Funding Corporation. Section 13. Resolution To Constitute a Contract . The provisions of this resolution shall constitute a contract between the City and the owner or owners of the Notes. Any pledge made in this resolution and the provisions, covenants and agreements herein set forth to be performed by or on behalf of the City shall be for the equal benefit, protection and security of the owners of any and all of the Notes. All of the Notes, regardless of the time or times of their issuance, shall be of equal rank without preference, priority or distinction of any of the Notes over any other thereof except as expressly provided in or pursuant to this resolution. This resolution and the resolution awarding the Notes, fixing the interest rates and levying taxes for the payment thereof shall constitute full authority for the issuance of the Notes and, to the extent that the provisions of this resolution conflict with the provisions of any other resolution of the City, the provisions of this resolution, as amended, shall control. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. Section 14. Notice . The City Clerk is authorized to publish a notice of the issuance of the Notes as a class 1 notice pursuant to Section 893.77, Wisconsin Statutes. Section 15. Effective Date . This resolution shall become effective immediately upon its passage, the public welfare requiring it 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: Administrative Services Department Prepared by: Director of Administrative Services 11 Ü»¾¬ ÐÛÎ ÝßÐ×Ìß ßÔÔ ÚËÒÜÍ Ù»²»®¿´ Ñ¾´·¹¿¬·±² Ü»¾¬ $ Amount Percent 100 1500 80 1200 60 900 40 600 20 300 0 0 2001200220032004200520062007200820092010 2001200220032004200520062007200820092010 Year Year Ù»²»®¿´ Ú«²¼ ÙòÑò Ü»¾¬ Ù»²»®¿´ Ñ¾´·¹¿¬·±² Ü»¾¬ PercentPercent 520 416 3 12 2 8 1 4 0 0 2001200220032004200520062007200820092010 2001200220032004200520062007200820092010 Year Year Attachment II 2011 Note Issue Project Descriptions Construct and Improve Streets - $2,840,000 (a) New and Replacement Sidewalks - $540,000 This program totals $540,000 (General Fund - $210,000; Assessable - $330,000) to construct new sidewalks and to replace deteriorated sidewalk and/or sidewalk with other safety deficiencies. Included is the first year of a seven (7) year plan to implement the Pedestrian Transportation Corridor Plan (PTCP). General Fund costs for new and replacement sidewalk include curb ramps, sidewalk crossing city owned property (greenbelts, parks, etc.) and other miscellaneous costs typically paid by the city at large. (b) Curb and Gutter Replacement and Reconstruction - $688,000 This program totals $688,000 (General Fund – 675,000; Assessable - $13,000) to replace damaged curb and gutter as well as eliminate areas of water ponding in conjunction with the street reconstructions and resurfacing programs. Prior to 2010 half of this program has been funded through Special Assessments against the abutting property owners. As proposed for 2011 costs for curb replacement and reconstruction will be paid by the city at-large, except for areas where replacement is requested by the property owner for aesthetic reasons. (c) Street Maintenance and Improvements - $1,042,000 This program includes funds to maintain City streets and make various other improvements to the street network such as intersection and railroad crossing improvements. In 2011 $1,042,000 is proposed for this program (General Fund - $950,000; Assessable – $92,000). (d) Major Arterials and Connecting Highways - $460,000 This category proposes a total of $460,000 in funding for 2011. There are several projects that provide for preliminary engineering on projects. This funding provides the local match to federal funding in most cases.  A roundabout is proposed for construction at the intersection of Milwaukee Street and Wuthering Hills Drive. The total estimated cost is $451,000 with $395,000 provided through a Highway Safety Improvement Program grant and $55,000 from local funds.  North Main Street is scheduled for resurfacing in 2013. Total project costs are estimated to be $1,530,000 with $1,216,000 provided in federal funding and a local share of $314,000. Proposed for 2011 is $55,000 as the local share of the design and engineering costs ($265,000) Attachment II  South Pearl Street from Court Street to Rockport Road is being reconstructed. Total project costs are estimated to be $502,000 with $152,000 provided through the Local Road Improvement Program (LRIP) and $350,000 through local funds. (e) Palmer Drive Bridge Repairs and Railing Replacement - $110,000 With the reconstruction of Palmer Drive it made sense to repair the bridge over Spring Brook and replace the railing on the bridge. Construct and Improve Storm Sewers – No new funding necessary at this time (a) System Improvements - $505,000 System Improvements total $505,000 for enhancements to the existing storm drainage system. Proposed projects include:  Areas within the Stormwater collection system can develop capacity deficiencies or other problems which require enhancements to properly manage current and projected stormwater flow. Storm Sewer enhancement projects in 2011 are expected to cost $195,000. Planned projects include: S. Pearl Street from W. Court Street to W. Racine Street and E. Holmes Street from Jackman Street to Sinclair Street. Planned projects may change based upon need.  Storm sewer repair projects totaling $200,000 have been identified for 2011. Planned projects include: Benton Avenue from Prairie Avenue to Eisenhower Avenue; E. Holmes Street east of Ringold Street within an easement at St. Paul’s Church; and Clark Street from Main Street to the Rock River. Projects can change if other repairs are identified and are considered higher priority.  Rehabilitating or replacing manholes in conjunction with street resurfacing and reconstruction projects prevents future failures of the structures after a new street surface has been placed. In 2011 funding in the amount of $110,000 is proposed. Some manholes only need repairs to the upper portion and other manholes that need total replacement. Acquire, Improve & Maintain Parks and Public Grounds - $475,000 (a) Replace Playground Equipment - $40,000 In 1996, the City began a program to renovate/replace playground equipment in neighborhood parks. To date, renovations have been completed at 30 neighborhood parks at a cost of approximately $40,000 for each neighborhood park. The renovation/replacement of playground equipment will continue in 2011, with improvements proposed for Rushmore Park ($40,000). (b) Skateboard Park and Site Restoration - $100,000 An at-grade skate park is proposed at the former batting cage location on S. Attachment II Jackson Street. The total project is estimated to cost $135,000 which includes ramps and other features for skate boarders, as well as grading and seeding of this property and other City-owned property to the north. Of the total project costs, $35,000 will be provided through private donations and $100,000 from the City. (c) Property Acquisitions (downtown and neighborhood) - $140,000 Major downtown and neighborhood planning efforts have recommended that the City become more active in the acquisition of vacant and/or blighted properties in the downtown and older residential neighborhoods. Available Community Development Block Grant funds are not sufficient for this effort. Funding in the amount of $140,000 is proposed for such property acquisitions. (d) Parking Lot Reconstruction at Palmer Park - $195,000 The parking lot adjacent to Palmer Drive which serves CAMDEN Playground and the wading pool was reconstructed along with Palmer Drive. The parking lot was physically separated from Palmer Drive to prevent parked vehicles from backing into travel lanes. Additional parking stalls were also created. Acquire, Improve & Maintain Public Buildings and Grounds - $1,120,000 (a) Building Maintenance - $200,000 Each year, funds are required for minor building maintenance projects at City facilities. In 2011, improvements totaling $200,000 are proposed for several public buildings. The locations may include the Municipal Building, various park and recreational facilities, and Senior Center. This is slightly less than prior years because significant federal EECDBG funds were used to make improvements to several facilities. (b) Central Fire Station - $500,000 The central fire station and administrative offices (Fire Station #1) was constructed in 1957 and no longer meets the space or operational needs of the Fire Department. Initial funding for design and site acquisition was provided in 2006 ($150,000), 2007 ($350,000), and 2008 ($500,000). An additional $500,000 is proposed for 2011 to complete the funding requirements for site acquisition and design. The estimated construction cost is $6,500,000. (c) Tallman House - $300,000 In 2009 an architectural firm was retained to complete a property conditions report on the Tallman House. This report indicates that repairs in excess of $2,000,000 are necessary and the facility. Funding in the amount of $250,000 was provided in 2009. The 2011 note issue includes $300,000 to continue funding these repairs. (d) City Services Center Storage (design) - $50,000 Attachment II The Parks Division has an acute need for storage of mowers and other equipment. Much of their equipment is stored in buildings which are awaiting demolition. As these buildings are demolished the Parks Division must find new places to store their equipment. When the City Services was designed and constructed provisions were made to expand the structure to the north. Funding in the amount of $50,000 is proposed to identify the storage needs of the Parks Division, as well as other divisions, and design solutions to meet that need. (e) Cemetery Capital - $60,000 Proposed for the 2011 note issue is funding in the amount of $60,000 for various capital items at the Cemetery including centralizing the water distribution system, acquiring equipment to develop a computer inventory of lots, and repairs to the roads within the cemetery. (f) Library Parking Lot Resurfacing - $10,000 The parking lot behind the library will be resurfaced and restriped. This lot was last resurfaced in 1996 making it 15 years old. This does not include the lot the library shares with JPAC. Acquire Capital Equipment - $3,440,000 (a) Technology Enhancements - $220,000 The City will continue implementation of the Information Technology Strategic Plan. This plan addresses improving the efficiency of City services and providing citizen satisfaction through the use of information technology. In 2011, funds are requested from the General Fund ($120,000), Water Utility ($50,000) and Wastewater Utility ($50,000) to obtain consulting services and purchase hardware and software for the implementation of specific citywide information technology priority projects, as determined by the City Manager. (b) Library Technology Enhancements - $140,000 The library will be replacing all 102 computers for public use and all 57 computers used by staff. All the computers being replaced are at least 5 years old. Updated software will also be purchased and installed on the computers. In addition, 4 printers and 4 bar code scanners will be replaced, and several new security cameras will also be added. Lastly, a Microfilm 6000 machine will be purchased to replace our outdated microfilm reader (which we can no longer get parts to service). (c) Golf Course Capital - $100,000 The lease on the golf course expired at the end of 2010 and the City is now responsible for the operation and maintenance of the courses. When the lease ended we acquired an aged fleet of maintenance equipment from the lessee. Funding in the amount of $100,000 is included to begin replacing the maintenance Attachment II equipment over the next several years. (d) Variable Frequency Drives - $430,000 This project includes installation of 17 variable frequency drives and associated controls at Pumping Stations 4, 5, 7, 10, 12 and 14. The work includes installation of equipment within existing motor control center structures for well and booster pumps at each site. (e) Biogas Energy Enhancements at Wastewater Treatment Plant - $750,000 Upgrades to the Wastewater Treatment Plant are proposed to increase the amount of biogas produced and the ability to convert that biogas into energy. Enhancements include gas conditioning equipment ($100,000), CNG vehicle fueling station ($200,000), 200 KW microturbine ($300,000), CNG modifications to 5 vehicles ($40,000), high strength waste receiving station ($20,000), and other miscellaneous costs ($90,000). (f) Fire Vehicle Replacement - $1,000,000 Several pieces of fire equipment are scheduled for replacement including a 1997 quint with a 75’ ladder (to be replaced with a rescue pumper - $470,000), a 1990 tanker ($320,000), and a 2000 ambulance ($210,000). (g) Public Safety Equipment - $800,000 In order to comply with Federal Communications Commission (FCC) requirements to narrow-band public safety radio frequencies, most public safety radio systems in the County must be upgraded. Rock County has taken the lead on this effort and has agreed to take over the public safety radio system in the County. This proposal includes the costs to replace our mobile radios and upgrade the radio system prior to the County assuming ownership. Construct and Close Landfills - $200,000 (a) Gas Collection System Upgrades - $100,000 Current operations at the sanitary landfill have resulted in increased odors and complaints from residents. This project makes improvements to the temporary gas collection system to reduce odors and maintain compliance with the City’s EPA air permit. (b) Phase I Closure - $100,000 These funds will be utilized to install permanent landfill gas collection wells in Cell 1 of the operating landfill. These wells are being installed ahead of permanent closure of this cell, which is scheduled for 2012. The permanent wells replace temporary wells which were installed in 2009. Attachment II Construct and Extend Water Mains - $2,030,000 (a) System Improvements - $1,730,000  Undersize main replacements totaling $355,000 are proposed for 2011. This program is needed to replace undersized water mains (replace 1-1/2 inch and 4- inch mains with 6 inch mains) in the distribution system. There are approximately 9 miles of undersized mains in the system. Replacement is done in coordination with street restoration projects. Funds requested will replace about 2,200 feet of mains.  In 2005, the Water Utility implemented a lead services replacement program within the City. This program is similar to the iron service replacement activities the City has historically undertaken. The actual cost of this program will vary from year to year based upon the number of lead services under streets that are being reconstructed in any given year. Currently, there are about 2,400 lead services in the City. In 2011, the Water Utility proposes to replace 55 lead services ($90,000).  Prior to street reconstruction, the condition of the water manholes and valves in the street are evaluated. Old, deteriorated manholes are either rehabilitated or replaced prior to the street work. This helps insure the long term integrity of the street so that a newer street surface would not have to be dug up shortly after the work to replace a failing manhole. For 2011, $70,000 is proposed for this program.  The Main Reinforcement program addresses identified weaknesses in the existing water distribution system by adding transmission mains or upgrading distribution mains to transmission mains. In 2011, Phase II of the Blackbridge Road main is scheduled. The total project estimate is $2,715,000 with $1,500,000 provided in 2010 and the balance ($1,215,000) provided in 2011. (b) System Expansion - $300,000 (c) Development Main Extensions – water mains extended to serve new developments. Cost - $300,000; Assessable Portion - $275,000. Construct and Extend Sewer Mains - $1,110,000 (a) System Improvements - $875,000  Janesville has approximately 140 miles of clay pipe in the sanitary sewer collection system that ranges in age from 40 to 100 years. Most of the clay pipe is structurally sound, but suffers from root intrusion and infiltration of groundwater. Proposed for 2010 is $805,000 in funding, which will reline about 3 – 3-1/2 miles of sanitary sewer main. This is the ninth year of a multi-year program, which reduces the potential for clogged sewers resulting from root Attachment II growth and also ensures the continued structural integrity of the clay sewers.  This is an ongoing multi-year program to prevent water inflow and infiltration into the sanitary sewer system. This program has focused primarily on sanitary sewer manholes in the past, but its focus has now shifted to sewer laterals. For 2011 funding in the amount of $195,000 is proposed. (b) System Expansion - $235,000  Development Sewer Extensions – sewer mains extended to serve new developments. Cost - $235,000; Assessable Portion - $135,000. Provide Financial Assistance for Community Redevelopment - $850,000 (a) Funding in the amount of $850,000 is included as the local match towards a U.S. Economic Development Administration grant to construct a business incubator in TIF No. 22. CLERK-TREASURER’S OFFICE MEMORANDUM October 14, 2011 TO: City Council FROM: Jean Ann Wulf, City Clerk-Treasurer SUBJECT: A proposed resolution authorizing an additional 10 year non-use deferment on the property located at 3410 Newcastle Dr. (File Resolution No. 2011-848) Staff Recommendation Staff recommends that the City Council deny an additional 10 year non-use deferment on the property located at 3410 Newcastle Dr. City Manager Recommendation It is my understanding that the City has not approved this in the past and thus concur with the Clerk-Trasurer’s recommendation. Suggested Motion I move to deny Resolution No. 2011-848 which authorizes an additional 10 year non-use deferment on the property located at 3410 Newcastle Dr. Analysis Marklein Builders contacted the City concerning their special assessments on 3410 Newcastle Drive. In 2001, Marklein Builders was assessed $16,984.21 for curb, gutter and paving for this property. At that time, the Council granted a 10 year non-use deferment. The deferment has expired and the special assessments are now current and can be paid in full or placed on the 5 year payment plan. Marklein Builders has requested that the curb, gutter and paving be granted a second 10 year non-use deferment for this property. In addition to this deferment, Marklein Builders also received a 10 year non-use deferment for water, sewer, grade and laterals in the amount of $20,036 for this same property. This deferment came due in 2010 and was placed on the 5 year payment plan. Marklein Builders has been paying for these assessments and the current principal balance is $14,545. In researching deferments, the Council has not extended non-use deferments. The Council has allowed financial hardship deferments and allowed changes from 5 year to 10 year payment plans with interest. Staff is not recommending this deferment because the property owner already received a 10 year non-use deferment without interest. In addition, the Council may not want to set a precedent for future requests. RESOLUTION NO. 2011-848 A resolution authorizing an additional 10 year non-use deferment on the property located at 3410 Newcastle Dr. WHEREAS , the administration has determined that Marklein Builders owns 3410 Newcastle Dr., tax parcel no: 0217200069, Janesville, Wisconsin, and WHEREAS , the 10 year non-use deferment curb, gutter and paving assessments in the amount of $16,984.21 has expired, and WHEREAS, Marklein Builders has requested an additional 10 year non-use deferment on the property located at 3410 Newcastle Dr., and WHEREAS, the Common Council hereby find that approval of this request is in the best interest, common good and benefit of the public; and NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville, that an additional 10 year non-use deferment on the property located at 3410 Newcastle Dr. be granted. 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: Assistant City Attorney Proposed by: City Clerk-Treasurer Prepared by: City Clerk-Treasurer NEIGHBORHOOD SERVICES MEMORANDUM October 14, 2011 TO: City Council FROM: Kelly Lee, Neighborhood Development Specialist SUBJECT: Action on a Proposed Resolution Authorizing Demolition of 159 Cherry Street (File Res. 2011-845) Summary As part of the Neighborhood Stabilization Program Grant (NSP), the Neighborhood Services Department of the City of Janesville acquired 159 Cherry Street in accordance with file resolution 2010-668 approved on February 10, 2010. The original intent of this acquisition was to rehabilitate the home; however, since the acquisition the structural masonry has deteriorated significantly and staff believes that it is a more cost effective use of the program funds to demolish this structure at this time. Department Recommendation The Neighborhood Services Department recommends that the City Council support a motion to approve Resolution 2011-845 authorizing the demolition of 159 Cherry Street as part of the Neighborhood Stabilization Grant Program (NSP). City Manager Recommendation The City Manager concurs with the Neighborhood Services recommendation. Suggested Motion I move to approve file resolution 2011-845 authorizing the demolition of 159 Cherry Street as part of the Neighborhood Stabilization Grant Program. Background In January 2009, the City Council authorized staff to apply for a Neighborhood Stabilization grant Program through the State of Wisconsin Department of Commerce. The City of Janesville has received an award of $1,189,865 This program allows municipalities and qualified non-profit organizations to acquire foreclosed properties for the purpose of rehabilitation, redevelopment, or demolition. To date, the City has completed rehabilitation of three homes, demolition of five homes, is in the process of the rehabilitation of three additional projects, and has partnered with Community Action for the rehabilitation of one residential property. 1 On February 10, 2010 the City Council authorized Neighborhood Services to acquire the property at 159 Cherry Street through the Neighborhood Stabilization Program. Neighborhood Services closed on the property on February 17, 2010, with a purchase price of $47,500. At the time of the acquisition, the two story brick home built in 1870 appeared to be in fairly good condition; however since that time, we have discovered a serious concern with the brick (see attached photos). Just prior to our acquisition, the brick had been freshly painted. Unfortunately, that paint sealed moisture into the brick resulting in significant deterioration of the structural brick. The brick is thought to be either Watertown or Common Brick, both which have a lifespan of approximately 50 years. The Neighborhood Services department has hired a general contractor to rehabilitate this property in addition to three others. The contractor has been unable to identify any mason who is willing to do the work required to repair the structure or even provide an estimate. Several masons have been to the property but believe the brick to be beyond repair. In addition, City of Janesville Building Inspectors have evaluated the site and believe that thestructural integrity of the brick is too deteriorated to do proper structural repair or shoring. Staff has contacted a local expert in brick and he and his mason provided a verbal opinion that the cost to rebuild the structure would significantly exceed the value of the structure. Neighborhood Services has approached the State of Wisconsin NSP Grant Administrators and they will allow us to amend our contract to move this project from a rehabilitation project to a demolition project. The demolition meets the requirements and intent of the Neighborhood Stabilization Program. The demolition would be funded through the Neighborhood Stabilization Program. Our contractor will be able to salvage some of the items from this property for use in another project that he is working on through this program. Any other salvage would be offered to Habitat for Humanity and to the demolition contractor. All Neighborhood Services demolition projects follow all rules as outlined by the Wisconsin Department of Natural Resources for demolition of residential structures. As with all of the demolitions, the future use of the lot would be determined at a later date and with approval from the City Council. This property is surrounded by owner occupied dwellings who may want to expand their lots. Staff was approached while taking photos of the property a few weeks ago by a neighbor who would be interested in a portion of the lot if it became available. 2 Analysis A. The property located at 159 Cherry Street has significantly deteriorated since the acquisition in February of 2010. B. Neighborhood Services has consulted with masons, inspectors, and industry experts that believe that the masonry is not able to be salvaged at this point. Reconstruction of the brick would significantly exceed the value of the property post-reconstruction. C. Demolition meets the goals and intent of the Neighborhood Stabilization program of removing blighted structures from the neighborhood. D. The demolition will be funded through the Neighborhood Stabilization Program. E. The project is consistent with the City of Janesville Look West & Old Fourth Ward Neighborhood Revitalization Plan as well as the City of Janesville Comprehensive Plan. cc: Eric Levitt, City Manager Jay Winzenz, Dir. of Administrative Services/Assistant City Manager Jennifer Petruzzello, Neighborhood Services Director 3 RESOLUTION NO. 2011-845 RESOLUTION AUTHORIZING THE DEMOLITION OF REAL PROPERTY LOCATED AT 159 CHERRY STREET WHEREAS , Wis. Stats. §§ 62.22 (1), 62.23 (17)(a), 62.23 (17)(b), 66.0101, 62.11(5), Chapter 32, and other pertinent Wisconsin Statutes permit the City’s acquisition, development, ownership, protection, improvement, conservation, public use, demolition, disposition, and other disposal of parkland, open space, riverfront properties, blighted properties, redevelopment, and development properties; and WHEREAS, the City of Janesville has been awarded $1,003,743 through the Neighborhood Stabilization Program (NSP) grant; and WHEREAS , the Neighborhood Stabilization Program (NSP) grant must be used for acquisition, rehabilitation, or demolition of foreclosed properties; and WHEREAS , the Common Council of the City of Janesville authorized the acquisition and rehabilitation of 159 Cherry Street at the City Council meeting of February 10; and, WHEREAS , the City of Janesville acquired the property located at 159 Cherry Street on February 17, 2010 through the Neighborhood Stabilization Program grant; and, WHEREAS, after further evaluation the condition of the brick structure with Masonry experts, Neighborhood Services has found the brick to be in a considerably more deteriorated state; and, WHEREAS , Neighborhood Services had received approval from the Division of Housing and Community Development at the State of Wisconsin to shift this project from a Rehabilitation Project to a Demolition project; and, WHEREAS , Neighborhood Services believes demolishing this house to be a better use of funds; and, WHEREAS , the Council find this demolition and proposed public use(s) in the best interest of the City and of benefit to the public; and WHEREAS , the funding source for the demolition is the Neighborhood Stabilization Program (NSP) grant: NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville, that it hereby approves and authorizes; the City Manager and/or his designee(s) to demolish 159 Cherry Street on behalf of the City; and BE IT FURTHER RESOLVED , that the City Manager and/or his designee(s), on behalf of the City of Janesville, is/are hereby authorized and empowered to negotiate, draft, modify, review, execute, and enter into additional agreements, record, file, and/or make minor modifications and/or amendments to any and all documents, papers, forms, and agreements, and to take whatever other actions as the City Manager may determine, from time to time and at any time, necessary and/or desirable to effectuate the intent of this resolution and/or the public good. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Dongarra-Adams Eric J. Levitt, City Manager Liebert McDonald ATTEST: Rashkin Steeber Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Tim Wellnitz, Assistant City Attorney Proposed by: Neighborhood Services Department Prepared by: Neighborhood Development Specialist NEIGHBORHOOD SERVICES MEMORANDUM October 17, 2011 TO: City Council FROM: Jennifer Petruzzello, Neighborhood Services Director SUBJECT: Action on a proposed resolution approving the 2012 Annual Action Plan for the Community Development Block Grant Program and Rock County HOME Consortium Submission (File Resolution No. 2011-847). Summary: Each year, the Janesville Community Development Authority (CDA) and the City Council prepare and approve an Annual Action Plan for the use of Community Development Block Grant and HOME Investment Partnership funds. The primary objective for the use of Community Development Block Grant (CDBG) funds is to promote the revitalization of Janesville’s central city neighborhoods and downtown, resulting in vibrant and healthy residential areas with affordable housing. The primary objective for the use of HOME funds is to provide decent housing. The proposed plan has been prepared to address the stated goals and objectives. Recommendation: The CDA and city staff recommend that the City Council approve Resolution #2011-847, approving the 2012 Action Plan for the Community Development Block Grant Program and the Rock County HOME Consortium Submission. City Manager Recommendation: The City Manager concurs with the CDA and staff recommendation. Suggested Motion: I move to approve file resolution #2011-847, approving the 2012 Action Plan for the Community Development Block Grant Program and the Rock County HOME Consortium Submission. Background: The City of Janesville is a formula grantee under the Community Development Block Grant (CDBG) Program. This means that the City receives an annual allocation of funds based on community need and the federal budget. The City is also a partner and lead agency in the Rock County Consortium for the receipt of HOME Investment Partnership (HOME) Program funds. In order to receive funds 1 from both of these programs, a Five-Year Consolidated Plan is prepared along with Annual Action Plans. In 2009, a Five-Year Consolidated Plan was adopted and this year an Annual Action Plan for 2012 has been drafted. A public hearing was held at the July 20, 2011 Community Development Authority (CDA) meeting to seek feedback on community development needs and establish priorities for the CDBG and HOME programs. Proposals were solicited from non-profit organizations. A public hearing was held on the proposed budget at the September 21, 2011 CDA Meeting. A final public hearing was held at the October 19, 2011 CDA meeting on the draft Action Plan. Following the public hearing on the 2012 Action Plan, the CDA recommended that the Council approve the proposed Action Plan. The primary objective for the use of Community Development Block Grant (CDBG) funds is to promote the revitalization of Janesville’s central city neighborhoods and downtown, resulting in vibrant and healthy residential areas with affordable housing. This goal is met through the promotion of the following objectives: increasing home ownership for low and moderate income families, the promotion of maintenance and rehabilitation of existing housing through housing rehabilitation programs, the enforcement of housing and nuisance codes, the elimination of slum and blight and efficient and effective program administration. The primary objective for the use of HOME funds is to provide decent housing. In order to accomplish this objective, the Janesville CDA will use HOME funds to provide funding for the rehabilitation of owner-occupied and renter-occupied units and down payment and closing cost assistance loans to first-time homebuyers. The CDA has developed three priorities to be addressed through the CDBG and HOME programs:  To create affordable, quality, housing stock for low to moderate income families.  To improve the existing housing stock.  To increase homeownership opportunities. The CDA has developed the following community development priorities:  Healthcare  Job Training and Employment Services  Rent Assistance Budget The City of Janesville is estimating that $495,013 in Community Development Block Grant (CDBG) funding, $994,948 in Neighborhood Stabilization funding, $287,314 in HOME funding, and $327,047 in other State and Federal Grants will 2 be available to address housing and community development needs in Janesville. These amounts include new grant awards, program income and the use of prior year’s grants. The proposed budget has been prepared to address the stated goals and objectives. During 2012, emphasis will be on the continued revitalization of Janesville’s residential neighborhoods through the implementation of housing programs, including home ownership, the rehabilitation of owner-occupied and rental properties and the elimination of blight. Emphasis will be placed on implementing the Neighborhood Stabilization Program Grants and the Lead Hazard Reduction Demonstration Grant. In addition, the proposed budget includes funding for the following public service activities: Emergency Rent Assistance (ECHO) $34,000 HealthNet $34,000 The Literacy Connection $ 7,000 Total $75,000 Attachments: Proposed City Council Resolution #2011-847 2012 Annual Action Plan cc: Eric Levitt, City Manager Jacob Winzenz, Assistant City Manager/Director of Administrative Services 3 RESOLUTION NO. 2011-847 RESOLUTION APPROVING THE 2012 ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND ROCK COUNTY HOME CONSORTIUM SUBMISSION WHEREAS , the City of Janesville is an entitlement community under the Community Development Block Grant Program and is the lead agency for the Rock County Consortium under the HOME Investment Partnership (HOME) Program, both of which are administered by the U. S. Department of Housing and Urban Development; and WHEREAS , The City of Janesville is anticipating that $495,013 in Community Development Block Grant (CDBG) funds and $994,948 in Neighborhood Stabilization funds will be available in 2012, including new grant awards, program income and the use of prior year’s grants; and WHEREAS , The City of Janesville is anticipating that $287,314 in HOME funding will be available tin 2012, including new grant awards, program income and the use of prior year’s grants; and WHEREAS , the Community Development Authority (CDA) has held the required public hearing and evaluated the citizen comments concerning potential activities for the City of Janesville's 2012 Annual Action Plan for the Community Development Block Grant and HOME Program submissions and thereafter considered the various alternative allocations for activities; and WHEREAS , the Community Development Authority has recommended to the Common Council that it approve the following Final Statement of Objectives and Budget to be included in the City of Janesville Consolidated Plan, 2012 Action Plan: HOME Investment Partnership Program (HOME) HOME funds are to be used to provide affordable housing including assistance for new construction of housing to be occupied by income eligible households, down payment and closing cost assistance, and owner- and renter-occupied rehabilitation loans. Down payment assistance loans will include a provision for recapture of the funds during the period of affordability. Rental rehabilitation loans will include a requirement to rent to income-eligible households at affordable rents during the period of affordability. The home ownership and rehabilitation programs will use program income first before drawing on new HOME funds. HOME-funded FY 2012 objectives The following are proposed ; the outcome is listed following each item: Resolution No. 2011-847 Page 2 Janesville  Provide funds for down payment and closing cost assistance loans to first-time homebuyers (Affordability)  Provide funds for rehabilitation of owner-occupied units (Affordability)  Provide funds for rehabilitation of renter-occupied units (Availability/Accessibility) Rock County Consortium  Provide funds for down payment and closing cost/mortgage assistance and related rehabilitation as needed (Affordability)  Provide funds for rehabilitation of owner-occupied units (Affordability)  Potential uses also include assistance for new housing development, acquisition or conversion of properties for new housing development, and demolition of blighted structures related to new housing development (Availability/Accessibility)  Provide funds for the development of new rental units. (Availability/Accessibility) PROPOSED ALLOCATION of FY2012 HOME FUNDS FY2012 Prior Year Prog. Inc. Total Recently Purchased Rehab $ 39,000 $50,000 $ 89,000 Home Ownership $ 70,000 0 $ 70,000 Rental Rehabilitation $ 55,000 $45,000 $100,000 Administration $ 25,000 $ 3,314 _____0 $ 28,314 Total $189,000 $ 3,314 $95,000 $287,314 CDBG-funded FY 2012 objectives for the City of Janesville The following are proposed : 1. Housing Activities - To rehabilitate owner-occupied and rental housing occupied by low and moderate income households primarily in the Central City Area through the use of deferred payment and low interest installment loans and partially forgivable loans. Funds may also be used: for acquisition, demolition, and provision of a vacant lot for new housing construction by non-profit agencies for sale to low/moderate income families; or for acquisition and/or rehabilitation of property by a non-profit for transitional housing or other housing programs; and to acquire, rehabilitate and resell housing to low and moderate income families. Funds are also provided for encouraging the reduction in density of multi-family units in the central city area, for the provision of information and training on the hazards of lead-based paint and other housing rehabilitation-related hazards and abatement of such hazards. 2. Rehabilitation Service Delivery – To provide staff support necessary to carry out housing activities identified above. Resolution No. 2011-847 Page 3 3. Neighborhood Stabilization – To acquire, rehabilitate and resell to low-middle income families or to demolish blighted structures that have been foreclosed upon to support homeownership and stability within neighborhoods most impacted by the foreclosure crisis. 4. Local Homeownership Program - To provide funds for the City Homeownership Program including Down Payment and Closing Cost forgivable loans, Duplex as a Starter Home Program loans, fix-up loans, "recently purchased" Home Improvement Program loans, and other homeownership programs. 5. Neighborhood Activities – To fund a pro-active property maintenance enforcement program and support a variety of programs aimed at reconnecting families in low- moderate income residential areas with their neighborhoods and the community as a whole. 6. Public Service Activities - To provide funds for activities which indirectly support the mission of the Community Development Authority. Activities to be funded in 2012 include the following: ECHO (emergency rent assistance), HealthNet (primary medical care), and the Literacy Connection (adult literacy education). 7. Administration and Planning - To provide administrative support necessary to carry out the CDBG Program, including compliance with program regulations and planning for the housing and community development needs in Janesville. Includes the CDBG Program, HOME Program, Neighborhood Development, Neighborhood Stabilization Program and Neighborhood Stabilization 3 Program. Resolution No. 2011-847 Page 4 PROPOSED BUDGET – 2012 CDBG PROGRAM Funding Sources 2012 Prior Program Grant Year Income Total Benefit* Program Services Housing Activities 39,400 10,000 70,000 119,400 LMI Rehab. Service Delivery 129,969 0 0 129,969 LMI Home Ownership 28,600 0 0 28,600 LMI Neighborhood Activities 30,172 0 0 30,172 LMA Neighborhood Stabilization 450,000 160,000 340,000 950,000 LMI Public Service Activities ECHO 34,000 0 0 34,000 LMI HealthNet 34,000 0 0 34,000 LMI Literacy Connection 7,000 0 0 7,000 LMI Administration& Planning Administration $154,864 $0 $0 $154,864 NA Grand Total $908,005 170,000 $410,000 $1,488,005 *LMI means the project benefits low and moderate income persons whose household income is 80% or less of Rock County median income. LMA means the project benefits a low to moderate income area. WHEREAS , the CDA further recommends to the Common Council that it authorize and direct the City Manager to execute the FY2012 Action Plan for the CDBG and HOME programs, including the various certifications for these funds; and WHEREAS , the Common Council finds that it is in the community's best interest to fulfill the requirements to secure the FY2012 CDBG and HOME funds for the eligible activities in the City of Janesville; NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Janesville, that it authorizes and directs the City Manager to submit the 2012 Annual Action Plan including the above statement of objectives and budget as recommended, including assurances contained therein and to provide any other information requested by HUD; BE IT FURTHER RESOLVED, that the City Manager, and his designees, are hereby authorized to negotiate, draft, prepare, execute, file and modify such other documents, papers and agreements ancillary and/or pertaining thereto and, from time to time, to take Resolution No. 2011-847 Page 5 and/or make whatever other minor actions and/or minor modifications to the above described agreements as the City Manager and/or his designee may deem necessary and/or desirable to effectuate the purposes of such agreements and the intent of this resolution. The City Manager is also hereby authorized to revise the FY2012 budget document to reflect the receipt of the FY2012 Community Development Block Grant Program and HOME program funds and the expenditures as reflected in this resolution. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Dongarra-Adams Eric J. Levitt, City Manager Liebert McDonald ATTEST: Rashkin Steeber Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Community Development Authority Prepared by: Neighborhood Services Director Third Program Year Action Plan October 11, 2011 The CPMP Second Annual Action Plan includes the SF 424 and Narrative Responses to Action Plan questions that CDBG, HOME, HOPWA, and ESG grantees must respond to each year in order to be compliant with the Consolidated Planning Regulations. The Executive Summary narratives are optional. Narrative Responses Grantee: City of Janesville/Rock County Consortium Con Plan Period: 01/01/12 to 12/31/2012 Third Program Year Action Plan 1 Version 2.0 City of Janesville GENERAL Executive Summary The goals of the CDBG program are to provide decent housing, a suitable living environment, and expanded economic opportunities. The goals of the HOME program are to buy, build, or rehabilitate affordable housing for rent or homeownership or to provide direct rental assistance to low-income individuals. Eligible activities include a wide variety of acquisition, rehabilitation, construction, and demolition activities associated with residential building, low-income housing, urban redevelopment, and public facilities. Only 15% of the CDBG funds may be used for public services. Public services include, though are not limited to, those concerned with employment, crime prevention, child care, health, drug abuse, education, fair housing counseling, energy conservation, welfare, homebuyer down-payment assistance, or recreational needs. The following are proposed HOME-funded FY 2012 objectives; the outcome is listed following each item: Janesville  Provide funds for rehabilitation of owner-occupied units (Affordability)  Provide funds for rehabilitation of renter-occupied units (Availability/Accessibility)  Provide funds for down payment and closing cost assistance loans to first-time homebuyers (Affordability) Rock County  Provide funds for down payment and closing cost/mortgage assistance and related rehabilitation as needed (Affordability)  Provide funds for rehabilitation of owner-occupied units (Affordability)  Provide funds for rehabilitation of renter-occupied units (Availability/Accessibility) The City of Janesville has determined the following specific use of City of Janesville HOME funds in 2012: City of Janesville Budget FY 2012 HOME Program Recently-Purchased Rehab$89,000 Home Ownership$70,000 Rental Rehabilitation$100,000 Administration$28,314 Total$287,314 Third Program Year Action Plan 2 Version 2.0 City of Janesville The following are proposed CDBG-funded FY 2012 objectives: 1. Housing Activities - To rehabilitate owner-occupied and rental housing occupied by low and moderate income households primarily in the Central City Area through the use of deferred payment and low interest installment loans and partially forgivable loans. Funds may also be used to support Homeownership Program activities; to provide loans and/or grants for acquisition of property by non-profit agencies for rehabilitation and sale to low /moderate income occupants; for acquisition, demolition, and provision of a vacant lot for new housing construction by non-profit agencies for sale to low/moderate income families; or for acquisition and/or rehabilitation of property by a non-profit for transitional housing or other housing programs. Using these funds, the City may also acquire, rehabilitate and resell housing to low and moderate income families. Funds are also provided for encouraging the reduction in density of multi-family units in the central city area in connection with the rehabilitation work, for the provision of information and training on the hazards of lead-based paint and other housing rehabilitation-related hazards and abatement of such hazards. Also uses prior years' funds and program income. 2. Rehabilitation Service Delivery – To provide staff support necessary to carry out housing activities identified above. 3.Neighborhood Stabilization – To acquire, rehabilitate and resell to low-middle income families or to demolish blighted structures that have been foreclosed upon to support homeownership and stability within neighborhoods most impacted by the foreclosure crisis. 4.Local Homeownership Program - To provide funds for the City Homeownership Program including Down Payment and Closing Cost forgivable loans, Duplex As a Starter Home Program loans, fix-up loans, Recently Purchased Home Improvement Program loans, and other homeownership programs. Also uses prior years' funds and program income. 5.Neighborhood Activities – To fund a pro-active property maintenance enforcement program and support a variety of programs aimed at reconnecting families in low-moderate income residential areas with their neighborhoods and the community as a whole. 6. Public Service Activities - To provide funds for activities which indirectly support the mission of the Community Development Authority and Neighborhood Services Department. Activities to be funded in 2012 include the following: ECHO (emergency rent assistance), HealthNet (primary medical care), and the Literacy Connection (adult literacy education). 6. Administration and Planning - To provide overhead and administrative support necessary to carry out the CDBG Program, including compliance with program regulations and planning for the housing and community development needs in Janesville. Includes the CDBG Program, HOME Program, Neighborhood Development, Neighborhood Stabilization Program and Neighborhood Stabilization 3 Program. For 2012, the City of Janesville is estimating that $495,013 in Community Development Block Grant (CDBG) funding, $994,948 in Neighborhood Stabilization funding, and $327,047 in other State and Federal Grants will be available to address housing and community development needs in Janesville. These estimates include new grant awards, program income, and the use of prior year’s grants. The Cities of Janesville and Beloit and the County of Rock have formed a consortium to receive HOME funds directly from the U.S. Department of Housing and Urban Development (HUD) on a formula basis. Total HOME Consortium funding is estimated at $557,294. The City of Janesville is estimating to receive $189,000 in new funds and an additional $98,314 in program income and prior years grant funding. Third Program Year Action Plan 3 Version 2.0 City of Janesville City of Janesville Budget FY 2012 State and Federal Grant Programs And Past Performance Evaluation 2010201120112012 ActualBudgetEstimatedProposed ELEMENT COST: Administration * General Administration$112,978$118,504$156,638$189,709 Neighborhood Development57,15845,15529,15219,336 Subtotal170,136163,659185,790209,045 Program Services Neighborhood49,85636,62334,56130,172 Downtown28,47112,00014,6000 Housing1,549,4991,988,7132,044,4941,833,164 Historic Preservation2,9064,0001,2000 CDBG Recovery & Reinvestment517,5980223,3910 Other Public Service**34,08043,80443,80441,000 Subtotal2,182,4102,085,1402,362,0501,904,336 Unallocated0000 Total$2,352,546$2,248,799$2,547,840$2,113,381 * General administration includes Administration for the Neighborhood Stabilization Program, the CDBG- Recovery Program and the Energy Efficiency and Conservation Block Grant, as well as the CDBG and HOME programs. General Administration for the CDBG Program is capped at 20% of the current year’s allocation and program income. Administration for the HOME Program is capped at 10% of the current year’s allocation and program income. ** Activities that benefit low-income and moderate-income individuals or neighborhoods, but do not directly support the housing and downtown mission of the department. Third Program Year Action Plan 4 Version 2.0 City of Janesville City of Janesville Detailed Budget FY 2012 State and Federal Grant Programs And Past Performance Evaluation REQUIRED RESOURCES: PROGRAM SERVICES 2010201120112012 ActualBudgetEstimatedProposed Neighborhood Code Enforcement$30,146$33,998$32,061$30,172 (1) Neighborhood Block Grants 5,3922,6252,5000 Neighborhood Livability - Scholarships (1) 2,204000 Neighborhood Maintenance/Blight12,114000 Subtotal49,85636,62334,56130,172 Downtown Revitalization28,47112,00014,6000 Subtotal28,47112,00014,6000 Housing Owner Rehabilitation132,077284,700321,485205,950 Rental Rehabilitation46,550343,200495,485238,950 Home Ownership536,391483,100358,100262,600 Buy/Rehab/Sell72,1972,5001,0000 CDBG Housing Service Delivery184,347210,983168,169141,664 Neighborhood Stabilization Program482,597618,000662,255950,000 Energy Efficiency60,090000 Affordable Housing Development0000 Subtotal1,514,2491,942,4822,006,4941,799,164 Historic Preservation2,9064,0001,2000 Community Development CDBG Recovery & Reinvestment102,451032,5950 CDBG Emergency Assistance Program415,1470190,7960 Subtotal517,5980223,3910 Other CDA Allocations Boys & Girls Club (1) 003,000 (1) Emergency Rent 35,25046,23138,00034,000 Healthnet (1) 34,08043,80435,80434,000 (1) The Literacy Connection 002,0007,000 YWCA (1)003,000 Subtotal69,33090,03581,80475,000 PROGRAM TOTAL$2,182,410$2,085,140$2,362,050$1,904,336 (1) Public service activities allocated by CDA including, - Support for the Look West and Fourth Ward Neighborhood Action Team, emergency rent assistance contracted through ECHO and other activities that benefit low to moderate income individuals. Third Program Year Action Plan 5 Version 2.0 City of Janesville General Questions 1.Describe the geographic areas of the jurisdiction (including areas of low income families and/or racial/minority concentration) in which assistance will be directed during the next year. Where appropriate, the jurisdiction should estimate the percentage of funds the jurisdiction plans to dedicate to target areas. Janesville is a City located in southern Wisconsin. It is the county seat of Rock County. Situated along the Rock River, the City of Janesville serves as both the geographic and civic center of the County. This Consolidated Plan addresses the CDBG funds which will be spent within the City of Janesville, and the HOME funds which will be spent within Rock County. Please refer to the separate City of Beloit Consolidated Plan for more information on CDBG activities within the City of Beloit. Population and Demographics According to the 2010 Census, there were 160,331 people living in Rock County. This represents a 5.3% increase over the 2000 Census. According to the 2010 Census, there were 63,575 people living in the City of Janesville. The following table displays the population of communities in Rock County, according to the 2010 Census. Community2000 Census2010 Estimate% Change Town of Avon5866083.8% Village of Footville7888082.5% Town of Johnstown802778-3.0% Town of Spring Valley813746-8.2% Town of Magnolia854767-10.2% Town of Clinton8939304.1% Town of Porter9259452.2% Town of La Prarie929834-10.2% Town of Center1,0051,0666.1% Town of Bradford1,0071,12111.3% Town of Plymouth1,2701,235-2.8% Village of Orfordville1,2721,44213.4% Town of Lima1,3121,280-2.4% Town of Newark1,5711,541-1.9% Town of Union1,8602,09912.8% Village of Clinton2,1622,154-0.4% Town of Harmony2,3512,5699.3% Town of Turtle2,4442,388-2.3% Town of Milton2,8442,9232.8% Town of Fulton3,1583,2523.0% Town of Rock3,3383,196-4.3% Town of Janesville3,0483,43412.7% City of Evansville4,0395,01224.1% City of Edgerton4,8985,3649.5% City of Milton5,1325,5468.1% Town of Beloit7,0387,6628.9% City of Beloit35,77536,9663.3% City of Janesville60,20063,5755.6% Rock County152,307160,3315.3% Population projections allow a community to anticipate and plan for future growth needs. In 2008, the WI DOA released population projections to year 2030 for every municipality in Wisconsin. The following table displays the population projections for Janesville, Beloit, and Rock County. Third Program Year Action Plan 6 Version 2.0 City of Janesville Population Projections 2010-2030 20102015202020252030% change Janesville64,85067,67170,44572,97475,17615.9% Beloit36,53536,95737,35537,61937,7293.3% Rock County162,138167,277172,310176,727180,37911.3% The following table displays the racial and ethnic composition of populations within Rock County, according to the 2010 Census. The 2010 Census does not include Hispanic and Latino people in the racial distribution. Indeed, Hispanic and Latino are considered to be an ethnicity that can be any race and/or Hispanic. % Hispanic or Community Latino % White% Black% Asian% Other Race Town of Avon97.9%0.8%0.3%0.8%1.2% Village of Footville99.0%0.1%0.1%0.9%1.0% Town of Johnstown99.9%0.1%0.0%0.1%0.8% Town of Spring Valley98.9%0.8%0.5%0.0%0.3% Town of Magnolia97.9%0.7%1.6%0.3%1.2% Town of Clinton95.8%0.9%0.4%3.1%4.3% Town of Porter97.4%0.5%1.0%1.2%3.1% Town of La Prarie98.4%0.7%0.6%0.4%0.8% Town of Center98.7%0.1%0.5%0.7%1.1% Town of Bradford88.4%1.0%1.4%9.6%15.5% Town of Plymouth98.7%0.7%0.0%0.6%70.0% Village of Orfordville97.1%0.9%0.6%2.3%4.4% Town of Lima95.9%0.4%0.0%4.9%17.7% Town of Newark98.6%0.4%0.8%0.6%1.8% Town of Union98.7%0.4%0.3%0.6%3.0% Village of Clinton94.7%1.4%0.4%4.7%8.0% Town of Harmony98.6%0.3%1.1%0.3%1.8% Town of Turtle95.1%3.5%0.8%1.4%2.2% Town of Milton98.6%0.4%0.8%0.6%1.8% Town of Fulton97.8%0.4%0.4%1.7%2.9% Town of Rock94.7%2.6%0.6%3.2%4.9% Town of Janesville98.2%0.7%1.1%0.6%2.0% City of Evansville97.5%1.6%1.1%0.6%3.6% City of Edgerton96.3%1.4%0.8%1.6%4.0% City of Milton97.1%0.8%1.2%1.4%2.4% Town of Beloit89.5%6.9%1.4%3.9%6.7% City of Beloit72.9%17.5%1.6%11.2%17.1% City of Janesville93.7%3.6%1.7%2.3%5.4% Rock County89.8%6.1%1.4%4.2%7.6% Third Program Year Action Plan 7 Version 2.0 City of Janesville In the summer of 2009, the American Community Survey (ACS) released three-year estimates (2006-2008) 1 for places with populations greater than 20,000. The following table displays the race and ethnicity for Rock County and the City of Janesville 2006-2008. While in general, the City remains relatively not diverse, the percentage of minority populations is increasing. City of Janesville, 2006-2008Rock County, 2006-2008 Race and EthnicityNumber%Race and EthnicityNumber% Total population63,436100.0%Total population159,219100.0% White58,80592.7%White143,84590.3% Black or African American1,0801.7%Black or African American7,1304.5% Asian7051.1%Asian13820.9% Some other race2,8464.5%Some other race6,8624.3% Hispanic or Latino (of any race)3,3835.3%Hispanic or Latino (of any race)9,6236.0% Source: 2006-2008 American Community SurveyThis data displays race alone or in combination with one or more other races *This data has a margin of error that ranges from +/-0.1% to +/- 1.5%*This data has a margin of error that ranges from +/-0.1% to +/- 0.7% *The percentages do not add up to 100% because Hispanic/Latino is an ethnicity, not a race The following table displays economic characteristics within Rock County and the City of Janesville, according to the 2010 Census (Info. not yet released) IncomeRock County 2010Janesville 2010 Per Capita Income Median Family Income Median Household Income Individuals Below Poverty Source: US Census The following table displays the same economic characteristics from the 2006-2008 three-year estimate from the American Community Survey. IncomeRock County 2007-2009Janesville 2007-2009 Per Capita Income$24,135$23,775 Median Family Income$61,397$58,316 Median Household Income$49,894$47,130 Individuals Below Poverty 10.90%11.00% Source: 2007-2009 American Community Survey The Institute for Research on Poverty (IRP) at University of Wisconsin-Madison recently published The 2 First Wisconsin Poverty Report in April 2009. According to IRP tabulations of the ACS, as of 2007 Rock County had a 12.8% poverty rate, the third highest in the State. 1 This data is not entirely analogous to the data gathered during the decennial Census; however, it does contain the most recent demographic and housing data for the City of Janesville. The biggest difference between the data is that the Census is intended to be a snapshot of April 1, 2000; while the 2006-2008 ACS is meant to describe the average characteristics over the 3-year period from January 2006 through December 2008. For more information on the American Community Survey (ACS) and how to compare it to other data sources, visit http://www.census.gov/acs/www/UseData/compACS.htm 2 Isaacs, Julia B. and Timothy M. Smeeding. The First Wisconsin Poverty Report. Institute for Research on Poverty, April 2009. Accessed on July 8, 2009 at http://www.irp.wisc.edu/research/WisconsinPoverty/pdfs/First_Wisconsin_Poverty_Report_Final-2.pdf Third Program Year Action Plan 8 Version 2.0 City of Janesville 2.Describe the basis for allocating investments geographically within the jurisdiction (or within the EMSA for HOPWA) (91.215(a)(1)) during the next year and the rationale for assigning the priorities. Community Development Block Grant (CDBG) funds are allocated according to the entitlement formula to the cities of Janesville and Beloit. HOME funds are allocated to the Rock County HOME Consortium according to the formula and distributed according to the consortium agreement. Funds will be used to address high priority needs identified via the comprehensive community needs identification and prioritization process, and not necessarily only targeted geographically. The City of Janesville does not have a formally designated Neighborhood Revitalization Strategy Area; however, the primary goal of the CDBG Program funds has historically been to promote the revitalization of Janesville’s central city and downtown neighborhoods (Census Tracts 1, 3, 4), resulting in vibrant and healthy residential areas with affordable housing options and expanded economic opportunities. Most programs are operated on a city-wide basis. These programs may include the First-Time Home Buyers Down Payment and Closing Cost Assistance Program and related Home-Improvement Program, rental rehabilitation, as well as client-based public services activities such as emergency rent assistance, free health care, and information and referral services. Neighborhood Stabilization Program 1 activities are focused on Census Tracts, 3, 4, 6, and 10. Neighborhood Stabilization Program 3 activities are focused on Census Tract 3. By definition, an area of racial/minority concentration is an area where minority population exceeds 40% of the total population. Although there are currently no areas of racial/minority concentration, by definition, within the City of Janesville, there are two neighborhoods in the Center City that include the areas with the highest percentage of minority populations, as well as a significant number of low- moderate families. These neighborhoods, the Old Fourth Ward and the Look West area, are the focus of many of the neighborhood efforts. These two neighborhoods include Census Tract 3 and Block Groups 1 and 2 of Census Tract 4. It is anticipated that the City will implement its homeownership programs city-wide, instead of focusing only on the central city and downtown areas, to address declines in income that are affecting the entire City. The relative priority of needs was determined based upon public comments received over the last five years, and the public participation process that was completed as part of this planning process. While HOME funds are generally available on a county-wide basis, there is a special effort to ensure that funding is available in the Cities of Beloit, Janesville, Edgerton, Milton, and Evansville, and the Towns of Beloit, Lima, Rock, and Janesville, as all of these communities have higher general populations and/or higher percentages of minority/racial and low-moderate income populations. While this Plan addresses HOME funding, the City of Beloit also provides additional information in their separate Consolidated Plan and Action Plan. Third Program Year Action Plan 9 Version 2.0 City of Janesville 3. Describe actions that will take place during the next year to address obstacles to meeting underserved needs. The City of Janesville strives to adequately address all problems within the City; however, obstacles to meeting the needs of the underserved include lack of adequate funding and lack of other non-financial resources to adequately address a particular problem. Insufficient funding precludes the City from appropriately addressing every worthy project and often results in allocations that fall short of service- providers funding needs. In specific, the public participation process undertaken during this process indicated that the primary underserved need of the community is the lack of funding that may be used to support the operational expenses of the many different organizations which address the housing and homeless challenges in the City. There are currently many different organizations which are capable of handling the housing and community development challenges of the City; however, the staff is stretched thin, and the organizations do not have the operational budgets to fulfill their true capacity. Beyond the overall lack of adequate funding levels and lack of funds available for operational expenses, the primary underserved need in the community remains renters with a cost burden over 30%. It is anticipated that HOME funds will be used for home ownership assistance and rental rehabilitation. Program income received under the now defunct Wisconsin Rental Rehabilitation Program will be used to provide the local match for rental projects that are being rehabilitated under Lead Hazard Reduction Programs. In addition, CDBG funds will be used to fund programs that address emergency housing needs, healthcare needs, and job training or employment services. 4.Identify the federal, state, and local resources expected to be made available to address the needs identified in the plan. Federal resources should include Section 8 funds made available to the jurisdiction, Low-Income Housing Tax Credits, and competitive McKinney-Vento Homeless Assistance Act funds expected to be available to address priority needs and specific objectives identified in the strategic plan. The following table displays a summary of federal funds estimated to be available in 2012: Anticipated 2012 Federal Funding City of JanesvilleRock County CDBG$415,013* HOME$189,000$557,294 Other State and Federal Grants $246,647* CDBG-NSP$494,948* Section 8 Rent Assistance Program$2,570,000* * Information on these program funding levels can be found in the Consolidated Plans for Rock County and/or the City of Beloit CDBG and HOME funding The Community Development Block Grant and HOME program funds will be used to address the housing needs of the community. This will include rehabilitation loans for both owner-occupied and renter- occupied properties, the home improvement program, and the fix-up loan program. In addition, in order to increase home-ownership opportunities, the City will continue to run the Down Payment and Closing Cost Assistance program. There will be an emphasis on the central city area which has the highest concentration of housing stock that is in need of rehabilitation. HOME match will be provided through various eligible sources, including: program income from other grants, private down-payment assistance (FHLB-Down Payment Plus), infrastructure improvements in assisted neighborhoods, and volunteer labor and materials. Third Program Year Action Plan 10 Version 2.0 City of Janesville CDBG – Neighborhood Stabilization Program (NSP) The Housing and Economic Recovery Act (HERA) of 2008 created the Neighborhood Stabilization Program, under which communities will receive money to acquire, rehabilitate, demolish, and redevelop foreclosed and abandoned buildings. The City of Janesville is anticipating receiving $170,119 in NSP 1 funding and $340,000 in NSP 1 Program income. The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 allocated funding under the Neighborhood Stabilization Program 3. The City is anticipating receiving $484,829 in NSP 3 funding. City of Janesville general (non-federal) funds may be used to supplement the neighborhood stabilization program through the acquisition and/or demolition of blighted properties. State of Wisconsin Focus on Energy rebates will be sought to help offset a portion of the cost to incorporate green/energy efficient elements. The Wisconsin Partnership for Housing Development, our development partner, for NSP3 has secured a revolving line of credit from Forward Community Investments. Lead-Based Paint Hazard Reduction Demonstration Grant In order to mitigate the harms caused by lead-based paint, the State of Wisconsin has received a lead hazard demonstration grant from HUD. It is anticipated that the City of Janesville will assist 22 households (housing units) in reducing the hazards associated with lead-based paint through this grant. The City will receive an estimated $212,300 in 2012 for lead reduction projects. The City will use CDBG and Wisconsin Rental Rehabilitation (WRRP) funding to supply the 30% required local match. Section 8 Rent Assistance Program The Section 8 Rental Voucher Program increases affordable housing choices for very-low income individuals by allowing families to choose privately owned rental housing. Participants are supplied with a voucher that pays the landlord the difference between 30% of the household income and the fair market rent. The program is authorized by the U.S. Housing Act of 1937, Section 8(b)(1). Regulations are found in 24 CFR Part 982. The City of Janesville is anticipating receiving $2,570,000 to support an estimated 525 vouchers in the City of Janesville. In addition to these federal funds, it is anticipated that the CDBG, HOME, CDBG-NSP, and other State and Federal programs will generate income as previous loans are collected and properties are re-sold. It is anticipated that the City’s CDBG program will generate $70,000 in program income; the City’s portion of the HOME program will generate $95,000 in program income; the City’s CDBG-NSP program will generate $340,000 in program income; and other State and Federal grants will generate $5,400 in program income. Managing the Process 1.Identify the lead agency, entity, and agencies responsible for administering programs covered by the consolidated plan. The City of Janesville Neighborhood Services Department serves as the lead administration and fiscal agent for the CDBG and HOME – Rock County Consortium programs. The City of Janesville Community Development Authority (CDA) is the agency responsible for allocating funds received through the CDBG program. Other key agencies responsible for administering CDBG and HOME programs covered within the Consolidated Plan include Community Action of Rock and Walworth Counties, HealthNet of Rock County, and ECHO. Third Program Year Action Plan 11 Version 2.0 City of Janesville The County of Rock and the City of Beloit have major responsibilities within their jurisdictions. The City of Beloit subcontracts with the Housing and Neighborhood Services of Beloit to act as a developer or sponsor of affordable housing. Housing and Neighborhood Services of Beloit currently serves as a Community Housing Development Organization (CHDO) for the Consortium. The County of Rock has agreements with cities, villages, and towns within Rock County to provide affordable housing programs in those areas. The City of Janesville has agreements with Community Action, Inc. to provide residential rehabilitation and redevelopment services within Rock County. 2.Identify the significant aspects of the process by which the plan was developed, and the agencies, groups, organizations, and others who participated in the process. The Citizen Participation Plan outlines the basic process for the development of the Consolidated Plan and subsequent Action Plans for the City of Janesville; however, the development of the 2010-2014 Consolidated Plan included a breadth of participation beyond what is outlined in the Citizen Participation Plan. More detailed information on the public participation process can be found in the Citizen Participation section of this Plan. The City of Beloit and the County of Rock follow their own public participation procedures. The Department of Neighborhood Services made a conscious effort to broaden the public participation process that is used to develop the 5 Year Plan, thereby increasing the transparency of the process. Among the added components were the creation of a Steering Committee, a series of focus groups, and two public informational open houses, in addition to the required public hearings. The planning process was guided by a Steering Committee that met periodically throughout the process in order to provide oversight and guidance. The Steering Committee included members of Community Action, the Neighborhood Action Team, the Diversity Action Team, the Homeless Education Action Team, the Homeless Intervention Task Force, real-estate and property management professions, members of the City Council and CDA, as well as members of the Neighborhood Services Department. In addition, various agencies were consulted throughout the process in order to gather additional information, as needed to complete all of the requirements of the Consolidated Plan. This included frequent communication with the Housing Departments of neighboring municipalities who also participate in the HOME – Rock County Consortium. Early in the planning process, the City hosted five focus groups. During these, the City’s planning consultant met with more than 30 people. These focus groups served the dual purpose of providing a forum for increased cooperation and input from other agencies, as well as means to ensure that the most accurate and complete data was used to inform the planning process. Below is a listing of agencies that actively participated in the planning process, either through the Steering Committee or the focus groups:  Associated Bank  Blackhawk Community Credit Union  Briarmoon Realty Group  City of Janesville Neighborhood Services staff  City of Janesville Property Inspection staff  Community Action, Inc.  Diversity Action Team  ECHO  Ecrk Developers  Edgerton Community Outreach  Forward Janesville  HealthNet Third Program Year Action Plan 12 Version 2.0 City of Janesville  Homeless Education Action Team (HEAT)  Homeless Intervention Task Force  House of Mercy  Janesville Area Rental Properties Association  Janesville City Council  Janesville Community Development Authority (CDA)  Janesville Police Department  Janesville Property Management  Johnson Bank  M&I Bank  Neighborhood Action Team  Partners in Prevention  Salvation Army  The Literacy Connection  The Morse Comp.  The Realty Group of South Central WI, LLC  The United Way  YWCA This process was used to guide the formation of priority housing and community development goals; and ultimate funding decisions were made by the Department of Neighborhood Services and the CDA. The development of this Third Year Action Plan included a public hearing to again share the priorities identified in the Consolidated Planning Process and seek additional input, the solicitation of proposals from non-profit agencies, a preliminary allocation of grants, and a second pubic hearing regarding the proposed budget. In addition, a final public hearing on the draft 2012 Action Plan was held. 3.Describe actions that will take place during the next year to enhance coordination between public and private housing, health, and social service agencies. Much of the coordination and consultation between private and public housing, health, and social service agencies occurs in an informal, as needed, basis. The City is an active member of the Homeless Intervention Task Force (HITF), a group of public and private agencies throughout Rock County who coordinate efforts to prevent and work to address the needs of homeless in our communities. The City participates in efforts to reach out and count homeless individuals in the community two times a year. HITF is the official Continuum of Care for our area. A subcommittee of the HITF is the Homeless Education Action Team (HEAT). This subcommittee is actively working to provide shelter and transitional living for homeless unaccompanied youth. City staff is working with representatives from the City of Beloit, the Janesville and Beloit School Districts and other public and private service agencies to identify 2 homes that will be used for transitional living facilities. The City of Janesville and Beloit work together to implement the Neighborhood Stabilization Program and the Neighborhood Stabilization 3 Program through a Rock County Consortium. The City of Janesville is hoping to continue to collaborate with Rock County (including the Rock County Public Health Department) and the City of Beloit in the implementation of the third Lead Hazard Reduction Grant. Third Program Year Action Plan 13 Version 2.0 City of Janesville The City of Janesville works closely with healthcare providers, including HealthNet of Rock County, to coordinate and expand the provision of health care services to LMI individuals. The City of Janesville will continue to work closely with Section 8 landlords and the Janesville Area Rental Property Association (JARPA) to educate landlords with the goal of improving the quality of affordable housing. The City of Janesville Neighborhood Services Department will continue to work closely with other City departments to remedy code violations and increase the safety of the City, with the goal of improving the quality of affordable housing. Citizen Participation 1.Provide a summary of the citizen participation process.  An informal public open house and a formal public hearing on community development needs were held by the CDA during the application process timeframe. At this meeting, the CDA, as well as members of the Neighborhood Services Department and any interested members of the public, addressed any community development needs within the City. Information gained during this hearing was utilized in formulating the City of Janesville’s Action Plan. (A Public hearing and public informational meeting held on July 20, 2011)  A public comment period was held on the City’s Action Plan. Citizens were invited and encouraged to review the Annual Action Plan and provide comments. All comments received at the public hearings or during the public comment period will be incorporated into the Plan. (Comment period open from September 19, 2011 through October 19, 2011)  A public hearing was held to review the final draft of the 2012 Action Plan. (Public hearing held on October 19, 2011)  In addition to the formal public hearings, the CDA has an additional public participation process for soliciting requests for funding from non-profit agencies for activities that can be funded with HOME and/or CDBG funds. The City of Janesville is committed to citizen participation in all its governmental processes. Notices of meetings and other relevant information is regularly distributed through various media outlets, direct mailings, and the City’s website. Citizens who wish to make comments on the planning process may do so by sending their written comments here: City of Janesville Department of Neighborhood Services PO Box 5005 18 N. Jackson St. Janesville, WI 53547-5005 To encourage citizens and community organizations in the development of proposals to address community development needs, citizens are invited to contact Neighborhood Services staff at 608-755- 3065 for information, application forms, program policies, and other technical assistance throughout the program year. Staff is able to assist agencies and community groups in determining program/project eligibility and in formulating proposals for funding with CDBG funds. Third Program Year Action Plan 14 Version 2.0 City of Janesville No person shall be excluded from participation in the City of Janesville CDBG and HOME – Rock County on the grounds of race, color, national origin, gender, sexual orientation, age, religious creed, or disability. 2.Provide a summary of citizen comments or views on the plan. The following public comments were received during the July 20, 2011 public hearing introducing the Consolidated Plan 2012 Action Plan – Community Development Needs and the Operation of the CDBG and HOME Programs:  Cathy Jennings and Glenn Walker spoke on behalf of the Literacy Connection emphasizing the life time impact that their organization has in providing among other things, job training for employment opportunities to individuals challenged in the basic reading, writing and speaking skills.  Karen Lisser represented ECHO and presented a handout outlining the services they have provided to families year-to-date. She stated that for the first 6 months of 2011 overall services increased 21% in the areas of food, housing and transportation. She noted that they are down 67% in helping those in need of rent assistance due to fewer funds and the fact that they are no longer getting stimulus money. Year-to-date they have assisted 194 families compared to 260 in 2010; funds are stretched to the max and she encouraged CDA to continue to make assistance to ECHO a priority.  Jean Randles represented HealthNet, an organization that assists individuals in Rock County, many of whom are at the poverty level, with health and dental needs. She noted that HealthNet, in addition to the services they already provide, will be instituting training sessions for clients to keep them healthy and active in the community. George Fenn inquired as to HealthNet’s parameters for services. Jean stated that clients must be Rock County residents and that currently 70% come from Janesville.  Jennifer Petruzzello read statements from two HealthNet volunteers who were not present at the meeting. Evelyn Kealey of 1526 Tyler called to share her thoughts regarding continued funding for HealthNet. She stated that she feels there is a perception that need has declined, but it has not. She further expressed her support for that funding. Karen Bernard, a nurse and HealthNet volunteer called to advocate for the need of funding for HealthNet due to increased demand for services, increased clientele and medication needs. The following public comments were received during the September 21, 2011 public hearing on the State and Federal Grants budget, which includes the CDBG and HOME program funding, and which provided the basis for the draft plan: To be completed following the public hearing. The following public comments were received during the October 19, 2011 public hearing on the 2011 Annual Action plan: To be completed following the public hearing. 3.Provide a summary of efforts made to broaden public participation in the development of the consolidated plan, including outreach to minorities and non-English speaking persons, as well as persons with disabilities. The Department of Neighborhood Services staff strove to broaden the public participation of this Consolidated Plan. As described in the beginning of this section, this Planning process differed from prior processes through the creation of the Consolidated Plan Steering Committee, the focus groups, the public informational meetings, and other measures that were purposefully taken in order to broaden the public Third Program Year Action Plan 15 Version 2.0 City of Janesville participation. The establishment of the Consolidated Plan Steering Committee, including City Council and CDA members, representatives of local non-profit organizations, and City staff broadened the public participation in the development of the 2010-2014 Consolidated Plan, as well as helped ensure that the Plan truly addressed the needs of the community. Each service provider was invited to bring a client with them to the focus groups. Actively soliciting the opinions of people who identify as consumers of the programs funded by the CDBG and HOME money was an integral goal of this Consolidated Planning process. To help ensure that minority and non-English speaking persons’ views were heard, the City included a member of the Diversity Action Team on the Steering Committee, and had a representative from the Literacy Connection participate in the focus group process. The City also heeded the advice of a focus group participant and clearly noticed the public hearings in the newspaper that is distributed for free throughout the entire City. In the past, the City typically notices public hearings by putting it in The Janesville Gazette and posting it on the City’s website. The focus group participant pointed out that this created a barrier for people who did not have internet, or the extra money to purchase a newspaper. 4.Provide a written explanation of comments not accepted and the reasons why these comments were not accepted. No comments were received that were not accepted. Institutional Structure 1.Describe actions that will take place during the next year to develop institutional structure. The City of Janesville and Rock County have a long history of working well together. This Third Year Action Plan will be implemented by a combination of local and state public agencies, private businesses, and non-profit organizations. These organizations will continue to work together in an informal and a formal basis. There are several ongoing activities which will continue throughout 2012 that will help develop institutional structure, including participation in the Homeless Intervention Task Force and the Homeless Education Action Team. Please see Managing the Process, question #3, for more information. Monitoring 1.Describe actions that will take place during the next year to monitor its housing and community development projects and ensure long-term compliance with program requirements and comprehensive planning requirements. Contracts The City subcontracts with other agencies for the provision of services under the HUD grant agreements. These contracts may be rewarded as a subrecipient or as a contract for services. The contracts include requirements that the Contractor or Subrecipient comply with all of the requirements of the CDBG and/or HOME program, including minority business outreach. Third Program Year Action Plan 16 Version 2.0 City of Janesville All proposed activities are reviewed to determine if the activity is in keeping with the goals and objectives identified through the Consolidated Planning process. Each activity is then reviewed to determine what program requirement must be met, and how they will be met. Prior to the implementation of an agreement or contract for services, Neighborhood Services staff meets with representatives of the contractor or subrecipient to review the requirements of the CDBG or HOME programs. A contract is developed which includes the specifics of the activity being provided as well as the general requirements to meet HUD’s program regulations and the federal procurement standards. Subrecipient progress is monitored in accordance with their contract (monthly, quarterly, or semi-annually). In 2012, an effort will be made to hold meetings with our HOME Consortium partners on a quarterly basis. These meetings will provide an opportunity to share resources regarding changes in regulations and monitor Consortium progress. On-Site Visits On-site visits by Neighborhood Services staff will be made during the initial contract. In addition, on-site visits may be scheduled whenever a review of the required reports indicates a need for them. Rental projects are inspected as necessary to comply with HOME requirements. Monitoring In addition, the Department of Neighborhood Services monitors and reviews each subrecipient to ensure the following:  Funded activities are being carried out in the manner described during the application process  Funded activities are being carried out in a timely manner  The project costs are eligible and reasonable  All funded activities are in compliance with applicable laws and regulations.  All required records and reports are well-maintained and compliant. Monitoring of city-implemented activities is on-going. Request for Payment The contractor/subrecipient may make requests for payments as specified in the contract agreement. Required reports will be reviewed and approved before approving payment under the contract. Final payment will be withheld until satisfactory final reports have been received. There is also a high level of informal communication between the City and its subgrantees. Advice is often given via the telephone, informal visits, or co-collaboration. City of Janesville Projects In addition to the Comprehensive Annual Performance Evaluation Report, overall financial records are reviewed monthly. Requests for reimbursement under the CDBG, NSP and other State and Federal grants are generally made on a quarterly basis. Requests for reimbursement under the HOME Program are made more frequently. In-house activities such as the housing rehabilitation program are reviewed bi-weekly to ensure that progress is being made. For all of our housing and homeownership programs, Neighborhood Service’s Department staff performs housing quality inspections prior to any decision to provide assistance. Inspections are performed on construction projects prior to contractor payout and upon final project completion to monitor compliance with the housing code. Neighborhood Services also employees the use of various contractors to perform energy evaluations and lead risk assessments and clearance testing. Staff coordinates projects and code inspections with the City of Janesville Building Services Department. Third Program Year Action Plan 17 Version 2.0 City of Janesville Lead-based Paint 1.Describe the actions that will take place during the next year to evaluate and reduce the number of housing units containing lead-based paint hazards in order to increase the inventory of lead-safe housing available to extremely low-income, low-income, and moderate-income families, and how the plan for the reduction of lead-based hazards is related to the extent of lead poisoning and hazards. The State of Wisconsin has received a Lead Hazard Reduction Demonstration Grant from HUD for lead reduction activities in Dane and Rock County. The City of Janesville has entered into an agreement with the State of Wisconsin and plans to assist 22 housing units by bringing them to a lead safe condition. In addition to projects undertaken through the Lead Hazard Reduction Demonstration Grant, the City also promotes the mitigation of lead-paint hazards through its Housing Rehabilitation program. The City focuses upon control and education about lead paint hazards. Control measures include maintenance of the painted surfaces and the cleaning of surfaces such as window wells and floors. The City also complies with the Lead Safe Housing Rule, including the distribution of literature and signing the lead paint release form. The City of Janesville includes reduction of lead-based paint hazards in its housing and home ownership programs. Houses are evaluated for chipping and peeling paint as part of the inspection for the down- payment program. Any paint problems must be remedied and the house must pass clearance, as required by the lead-based paint regulations. In the rehabilitation programs, the house is required to have a lead- based paint assessment or if lead is assumed, standard treatments are required. Lead-safe work practices are always followed. If necessary, occupants are temporarily relocated during rehabilitation. Units must pass clearance tests before the project is completed. The Housing Quality Standard (HQS) inspections for rental assistance includes an inspection for lead hazards. In addition, there are two individuals in the Janesville Neighborhood Services Department who are certified lead risk assessors, and a third who has completed necessary training, but is not yet certified. In order to mitigate the harms caused by lead-based paint, the Rock County Consortium (Rock County, City of Beloit and City of Janesville) have successfully applied for and received two lead-based paint hazard control grants from HUD. While we were not awarded funding under the 2011 U.S Department of Housing and Urban Development for a Lead Hazard Reduction Grant, we will continue to pursue additional opportunities to apply for funding to reduce the hazards associated with lead-based paint. Third Program Year Action Plan 18 Version 2.0 City of Janesville HOUSING Specific Housing Objectives 1.Describe the priorities and specific objectives the jurisdiction hopes to achieve during the next year. Goal Objective Activity Third Year Goal - 2012 Fix up Loan Program: Provide "fix up" loans on a city-wide basis, in conjunction with the Down Payment and Closing Cost Assistance Program. Half of the loan is forgivable, and half is repaid over a 5-year period. Provide 8 fix up loans Rental Rehabilitation Program: Provide loans for Provide loans for the rehabilitation of renter-occupied units to bring rehabilitation of 12 rental them to a decent condition. units Recently Purchased Rehabilitation Program: Provide rehabilitation loans to income-eligible homeowners who have recently purchased homes in the locally-defined target area. Senior Provide 2 recently and disabled persons are eligible for these loans purchased rehabilitation Improve Existing city-wide loans Housing Stock Home Improvement Program: Provide rehabilitation loans to income-eligible homeowners to bring homes from substandard Provide 3 rehabilitation Promote to standard condition. loans Decent Rehabilitation: With funding from the NSP, the Affordable City will provide funding for the rehabilitation of Housing foreclosed homes in the Central City. Rehabilitate 7 units Assist 12 rental units and 8 owner occupied Lead Paint Program (funded in conjunction with households (includes 12 the Lead Hazard Reduction Demonstration rental rehab units, 3 Grant Program): Reduce the hazards associated home improvement with lead-based paint for LMI owner-occupied program loans, and 5 NSP and rental properties. homes listed above) Down Payment and Closing Cost Assistance Provide 43 down payment Program: Provide forgivable loans on a city-wide and closing cost Increase basis to income eligible first-time homebuyers assistance loans for first- Homeownership for down payment and closing costs. time home buyers Opportunities Home Buyers Workshops: Provide homeownership training for persons who wish Provide training for 100 to become first-time homebuyers. people Ensure that Rental Section 8: Administer the Section 8 Housing Housing is Choice Voucher Program. Assist 525 households Affordable to Low to Moderate Populations Third Program Year Action Plan 19 Version 2.0 City of Janesville 2.Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by this Action Plan. FEDERAL FUNDING CDBG and HOME funding The Community Development Block Grant and HOME program funds will be used to address the housing market needs of the community. This will include rehabilitation loans for both owner-occupied and tenant-occupied properties, the home improvement program, and the fix-up loan program. In addition, in order to increase home-ownership opportunities, the City will continue to run the Down Payment and Closing Cost Assistance program. There will be an emphasis on the central city area which has the highest concentration of housing stock that is in need of rehabilitation. Lead-Based Paint Hazard Reduction Demonstration Grant In order to mitigate the harms caused by lead-based paint, the State of Wisconsin has received a lead hazard demonstration grant from HUD. It is anticipated that the City of Janesville will assist 22 households (housing units) in reducing the hazards associated with lead-based paint through this grant. The City will receive an estimated $212,300 in 2012 for lead reduction projects. The City will use CDBG and Wisconsin Rental Rehabilitation (WRRP) funding to supply the 30% required local match. CDBG – Neighborhood Stabilization Program (NSP) The Housing and Economic Recovery Act (HERA) of 2008 created the Neighborhood Stabilization Program, under which communities will receive money to acquire, rehabilitate, demolish, and redevelop foreclosed and abandoned buildings. In 2012, the City of Janesville is anticipating receiving $170,119 in NSP 1 funding and $340,000 in NSP 1 Program income. The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 allocated funding under the Neighborhood Stabilization Program 3. In 2012, the City is anticipating receiving $484,829 in NSP 3 funding. Section 8 Rent Assistance Program The Section 8 Rental Voucher Program increases affordable housing choices for very-low income individuals by allowing families to choose privately owned rental housing. Participants are supplied with a voucher that pays the landlord the difference between 30% of the household income and the fair market rent. The program is authorized by the U.S. Housing Act of 1937, Section 8(b)(1). Regulations are found in 24 CFR Part 982. The City of Janesville is anticipating receiving $2,570,000 to support an estimated 525 vouchers in the City of Janesville. LOCAL FUNDING In addition to these federal funds, it is anticipated that the CDBG, HOME, CDBG-NSP, and other State and Federal programs will generate $510,000 in program income as previous loans are collected and properties are re-sold. It is anticipated that the City’s CDBG program will generate $70,000 in program income; the City’s portion of the HOME program will generate $95,000 in program income; the City’s CDBG-NSP program will generate $340,000 in program income; and other State and Federal grants will generate $5,400 in program income. These funds will be used for housing activities, including: recently purchased rehab, rental rehabilitation, and the purchase and rehabilitation of additional foreclosed properties. Third Program Year Action Plan 20 Version 2.0 City of Janesville Needs of Public Housing 1.Describe the manner in which the plan of the jurisdiction will help address the needs of public housing and activities it will undertake during the next year to encourage public housing residents to become more involved in management and participate in homeownership. Not applicable – there is no public housing in Janesville. The City of Beloit addresses the public housing found in Beloit in its own separate Consolidated Plan. 2.If the public housing agency is designated as "troubled" by HUD or otherwise is performing poorly, the jurisdiction shall describe the manner in which it will provide financial or other assistance in improving its operations to remove such designation during the next year. Not applicable – there is no public housing in Janesville. The City of Beloit addresses the public housing found in Beloit in its own separate Consolidated Plan. Barriers to Affordable Housing 1.Describe the actions that will take place during the next year to remove barriers to affordable housing. In the City of Janesville and Rock County, the barriers to affordable housing include the need for more quality, affordable housing units, and the need for increased incomes. To this end, the City is using CDBG and HOME funding to increase the quality of both rental and owner-occupied properties in the City. In addition, the CDA identified job training and employment services to be priorities for public service dollars. By participating in these programs, the participants will raise their incomes. Because no policies which act as barriers to affordable housing were found, no specific actions are proposed beyond the continued support of programs that increase the quality and quantity of affordable housing, and programs that directly or indirectly increase the income of its participants. The City will, however, continue to adhere and enforce all local Fair Housing Ordinances. Specific fair housing activities are undertaken on an as-needed basis. The Section 8 budget provides funds for educational and enforcement activities relating to fair housing. These include updating of materials relating to fair housing and the Americans with Disability Act, as well as any investigation of fair housing complaints. Staff works with individuals who feel they have been discriminated against to provide information on the alternatives available for filing complaints. These include filing at the federal, state and local levels. Staff provides referrals to other agencies on general landlord/tenant questions such as housing conditions. A booklet on tenant-landlord law, which also includes information on fair housing issues is maintained and provided to all Section 8 clients and anyone else who requests it. The City of Janesville places a high priority on the promotion of decent, affordable housing. Specific activities and goals to maintain affordable housing, including: improving the existing housing stock, increasing homeownership opportunities and ensuring that rental housing is affordable to low to moderate income populations are identified on page 21. Third Program Year Action Plan 21 Version 2.0 City of Janesville HOME/ American Dream Down Payment Initiative (ADDI) 1.Describe other forms of investment not described in § 92.205(b). The Down Payment Assistance programs are contingent upon the first-time home buyer obtaining first mortgage assistance from a private lender. Generally, the first mortgage will be for 80-95% of the purchase price. Thus, $50,000 in payment and closing cost assistance would generate from $250,000 to $1,000,000 in private investment. Eligible HOME match will be recorded and tracked throughout the year as the match liability is incurred. 2.If the participating jurisdiction (PJ) will use HOME or ADDI funds for homebuyers, it must state the guidelines for resale or recapture, as required in § 92.254 of the HOME rule. In the event of a voluntary or involuntary transfer of the property during the applicable period of affordability, the City of Janesville will recapture all or a portion of the direct subsidy provided to the homebuyer. This direct subsidy is provided as down payment assistance in the form of a deferred payment 0% interest loan. The loan will be forgiven prorata over the period of affordability (i.e., generally 5 years), as long as the home remains the principal residence of the home buyer. If the net proceeds from a voluntary or involuntary sale are insufficient to repay the prorated amount of the HOME subsidy, the City shall recapture the balance due on the loan or 100% of net proceeds from the sale, whichever is less. If there are no net proceeds from the sale, no repayment is required. Net proceeds is defined as the sales price minus superior loan repayment and any closing costs incurred by the homebuyer. Rock County will continue to use the resale provision to maintain affordability during the affordability period for projects receiving Down Payment/Closing Cost/Mortgage Assistance. Resale of the property must meet the requirements of Sec. 92.254, HOME Regulations, effective at the time of sale. If the property is sold, transferred, or is no longer the principle residence of the buyer during the period of affordability, the property must be sold to a low-income household. The price of the property must not exceed the HUD Single-Family Mortgage Limit for Rock County at the time of the sale. 3.If the PJ will use HOME funds to refinance existing debt secured by multifamily housing that is being rehabilitated with HOME funds, it must state its refinancing guidelines required under § 92.206(b). The guidelines shall describe the conditions under which the PJ will refinance existing debt. At a minimum these guidelines must: a.Demonstrate that rehabilitation is the primary eligible activity and ensure that this requirement is met by establishing a minimum level of rehabilitation per unit or a required ratio between rehabilitation and refinancing. b.Require a review of management practices to demonstrate that disinvestments in the property has not occurred; that the long-term needs of the project can be met; and that the feasibility of serving the targeted population over an extended affordability period can be demonstrated. c.State whether the new investment is being made to maintain current affordable units, create additional affordable units, or both. d.Specify the required period of affordability, whether it is the minimum 15 years or longer. e.Specify whether the investment of HOME funds may be jurisdiction-wide or limited to a specific geographic area, such as a neighborhood identified in a neighborhood revitalization strategy under 24 CFR 91.215(e)(2) or a Federally designated Empowerment Zone or Enterprise Community. f.State that HOME funds cannot be used to refinance multifamily loans made or insured by any federal program, including CDBG. Third Program Year Action Plan 22 Version 2.0 City of Janesville Not applicable. The City will not use HOME funds to refinance existing debt. 4.If the PJ is going to receive American Dream Down payment Initiative (ADDI) funds, please complete the following narratives: a.Describe the planned use of the ADDI funds. b.Describe the PJ's plan for conducting targeted outreach to residents and tenants of public housing and manufactured housing and to other families assisted by public housing agencies, for the purposes of ensuring that the ADDI funds are used to provide down payment assistance for such residents, tenants, and families. c.Describe the actions to be taken to ensure the suitability of families receiving ADDI funds to undertake and maintain homeownership, such as provision of housing counseling to homebuyers. Not applicable. The City will not receive ADDI funding. HOMELESS Specific Homeless Prevention Elements *Please also refer to the Homeless Needs Table in the Needs.xls workbook. 1.Sources of Funds—Identify the private and public resources that the jurisdiction expects to receive during the next year to address homeless needs and to prevent homelessness. These include the McKinney-Vento Homeless Assistance Act programs, other special federal, state and local and private funds targeted to homeless individuals and families with children, especially the chronically homeless, the HUD formula programs, and any publicly-owned land or property. Please describe, briefly, the jurisdiction’s plan for the investment and use of funds directed toward homelessness. It is anticipated that the City will provide $34,000 in funding from the CDBG program to address homeless prevention. This funding will go to support the emergency rent assistance program administered by ECHO. In addition, the City will continue to support and participate in the Homeless Intervention Task Force and the Homeless Education Action Team. 2.Homelessness—In a narrative, describe how the action plan will address the specific objectives of the Strategic Plan and, ultimately, the priority needs identified. Please also identify potential obstacles to completing these action steps. The information gathered during the preparation of the strategic Plan identified Rent Assistance and Emergency Shelter as the largest unmet homeless needs within the City. The City plans on funding the emergency rent assistance program administered by ECHO. It is anticipated that ECHO will receive $34,000, and subsequently be able to serve 68 households. At this time, there is not adequate funding for the City to fund any Emergency Shelter programs. Third Program Year Action Plan 23 Version 2.0 City of Janesville The City works with the Homeless Intervention Task Force (HITF) and the Homeless Education Action Team to address the needs of homeless in our communities. A subcommittee of the HITF is the Homeless Education Action Team (HEAT). This subcommittee is actively working to provide shelter and transitional living for homeless unaccompanied youth. City staff is working with representatives from the City of Beloit, the Janesville and Beloit School Districts and other public and private service agencies to identify 2 homes that will be used for transitional living facilities. The YWCA of Rock County has agreed to serve as the lead agent and administrator for the transitional living homes. The success of this effort will be largely dependent upon obtaining sufficient funding. 3.Chronic homelessness—The jurisdiction must describe the specific planned action steps it will take over the next year aimed at eliminating chronic homelessness by 2012. Again, please identify barriers to achieving this. The City’s strategy to eliminate chronic homelessness in 2012 is to continue to work with, and support, the local agencies, in particular those involved with the Homeless Intervention Task Force. In order to help coordinate this strategy, members of the Homeless Intervention Task Force have been involved throughout the Consolidated Planning process. In addition, the City is planning to fund programs that promote job training and employment services that will help ensure the long-term mitigation of chronic homelessness. The Homeless Education Action Team (HEAT) has identified a goal of implementing a safe home foster care program and the implementation of a shelter for homeless youth by the fall of 2011. The City will work with HEAT to support their efforts to the greatest extent possible. Funding is anticipated to be inadequate to fully address this need. 4.Homelessness Prevention—The jurisdiction must describe its planned action steps over the next year to address the individual and families with children at imminent risk of becoming homeless. The City will fund the emergency rent assistance program administered by ECHO. This program provides one to two month’s rent to forestall eviction or security deposit assistance to help an income-eligible household obtain a new housing unit. The monetary rental assistance is coupled with an assessment and case management services. This is the primary means by which the City helps prevent imminent homelessness. In addition, the City participates in the Homeless Intervention Task Force which looks at not only chronic homelessness, but also ways to assist individuals and families who are at risk of becoming homeless. 5.Discharge Coordination Policy—Explain planned activities to implement a cohesive, community- wide Discharge Coordination Policy, and how, in the coming year, the community will move toward such a policy. Not applicable. The City does not fund any of the applicable institutions or systems of care. Emergency Shelter Grants (ESG) (States only) Describe the process for awarding grants to State recipients, and a description of how the allocation will be made available to units of local government. Not applicable to the City of Janesville. Third Program Year Action Plan 24 Version 2.0 City of Janesville COMMUNITY DEVELOPMENT Community Development *Please also refer to the Community Development Table in the Needs.xls workbook. 1.Identify the jurisdiction's priority non-housing community development needs eligible for assistance by CDBG eligibility category specified in the Community Development Needs Table (formerly Table 2B), public facilities, public improvements, public services and economic development. The majority of the priority non-housing community development needs fall in the public service category and are therefore subject to the public service cap. The public participation process that was embraced throughout this Consolidated Planning process narrowed the public services options down to several priorities. Ultimately, the CDA designated healthcare, job-training and employment services, and rent assistance as the highest priorities. In 2012, 100% of these public service activities will directly benefit persons of low and moderate income. Third Program Year Action Plan 25 Version 2.0 City of Janesville 2.Identify specific long-term and short-term community development objectives (including economic development activities that create jobs), developed in accordance with the statutory goals described in section 24 CFR 91.1 and the primary objective of the CDBG program to provide decent housing and a suitable living environment and expand economic opportunities, principally for low- and moderate-income persons. GoalObjectiveActivityThird Year Goal - 2012 Promote Ensure that Rental Assist ECHO in providing Decent Housing is Affordable emergency rent services Assist 68 Households Affordable to Low to Moderate for low to moderate income populations Populations Housing Assist HealthNet in providing health care Provide health care services (including Promote a assistance for low to dental and mental) for Suitable Living moderate income low to moderate income Assist 968 Individuals populations that lack populations that lack Environment health insurance and are health insurance unable to pay for health care Provide additional Expand program coordination staff time to the Literacy Economic Increase job training Connection, so that they Opportunities and employment may continue to increase 84 Individuals Available to services and increase the literacy of the people in Janesville, thereby self-sufficiency LMI helping increase their Populations self-sufficiency and potential for employment Third Program Year Action Plan 26 Version 2.0 City of Janesville Antipoverty Strategy 1.Describe the actions that will take place during the next year to reduce the number of poverty level families. To date, the City of Janesville’s main strategy towards reducing the number of poverty-level families has been through the Family Self-Sufficiency (FSS) program, operated in conjunction with the Section 8 Housing Choice Voucher Program. The program offers incentives for households that gain employment and increase their earned income. In addition, it helps to teach participants how to set goals, budget their money, and other life management skills. Currently, 11 individuals have graduated from the FSS program. The goal is to increase involvement in this program so that 20 more people participate in the Family Self- Sufficiency program by 2014. NON-HOMELESS SPECIAL NEEDS HOUSING Non-homeless Special Needs (91.220 (c) and (e)) *Please also refer to the Non-homeless Special Needs Table in the Needs.xls workbook. 1.Describe the priorities and specific objectives the jurisdiction hopes to achieve for the period covered by the Action Plan. The City of Janesville expands the eligibility area for elderly and/or individuals beyond our local target area to city-wide. We anticipate the needs for rehabilitation loans for persons with disabilities will be addressed through our housing rehabilitation loan programs. Persons with disabilities are eligible for the rehabilitation loans offered through the CDBG and HOME programs (further described on page 21). The City will continue to partner with the local landlord association to inform landlords of their responsibilities in regards to ADA requirements and Fair Housing. Specific fair housing activities are undertaken on an as-needed basis. The Section 8 Operating Reserve provides funds for educational and enforcement activities relating to fair housing. These include updating of materials relating to fair housing and the Americans with Disability Act, as well as any investigation of fair housing complaints. Staff works with individuals who feel they have been discriminated against to provide information on the alternatives available for filing complaints. These include filing at the federal, state and local levels. Staff provides referrals to other agencies on general landlord/tenant questions such as housing conditions. A booklet on tenant-landlord law, which also includes information on fair housing issues is maintained and provided to all Section 8 clients and anyone else who requests it. Numerous agencies locally provide supportive services such as housing counseling to domestic violence victims, healthcare for those without insurance, and literacy education. The City will continue to support these efforts. 2.Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by this Action Plan. Rehabilitation loans are funded through the CDBG program, and are expected to meet the needs for rehabilitation loans for persons with disabilities. Third Program Year Action Plan 27 Version 2.0 City of Janesville Housing Opportunities for People with AIDS *Please also refer to the HOPWA Table in the Needs.xls workbook. 1.Provide a Brief description of the organization, the area of service, the name of the program contacts, and a broad overview of the range/ type of housing activities to be done during the next year. 2.Report on the actions taken during the year that addressed the special needs of persons who are not homeless but require supportive housing, and assistance for persons who are homeless. 3.Evaluate the progress in meeting its specific objective of providing affordable housing, including a comparison of actual outputs and outcomes to proposed goals and progress made on the other planned actions indicated in the strategic and action plans. The evaluation can address any related program adjustments or future plans. 4.Report on annual HOPWA output goals for the number of households assisted during the year in: (1) short-term rent, mortgage and utility payments to avoid homelessness; (2) rental assistance programs; and (3) in housing facilities, such as community residences and SRO dwellings, where funds are used to develop and/or operate these facilities. Include any assessment of client outcomes for achieving housing stability, reduced risks of homelessness and improved access to care. 5.Report on the use of committed leveraging from other public and private resources that helped to address needs identified in the plan. 6.Provide an analysis of the extent to which HOPWA funds were distributed among different categories of housing needs consistent with the geographic distribution plans identified in its approved Consolidated Plan. 7.Describe any barriers (including non-regulatory) encountered, actions in response to barriers, and recommendations for program improvement. 8.Please describe the expected trends facing the community in meeting the needs of persons living with HIV/AIDS and provide additional information regarding the administration of services to people with HIV/AIDS. 9.Please note any evaluations, studies or other assessments that will be conducted on the local HOPWA program during the next year. Not applicable. The City does not receive HOPWA funding. Specific HOPWA Objectives Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by the Action Plan. Not applicable. The City does not receive HOPWA funding. Third Program Year Action Plan 28 Version 2.0 City of Janesville Other Narrative Include any Action Plan information that was not covered by a narrative in any other section. The City does not expect funds to be received from float-funded activities; nor does the City propose to carry out a CDBG float-funded activity. The City does not have any substantive program income in the preceding year that was not included in this plan. The City does not have proceeds from Section 108 loan guarantees. The City does not have any surplus funds for any urban renewal settlement. The City does not have any grant funds that have been returned to the line of credit. The City does not propose to use funds for an urgent need activity and therefore did not certify the need for an urgent need activity. The City does not anticipate providing assistance to housing containing five or more HOME assisted units in 2012. The City does not propose to use HOME funds for Tenant-Based Rental Assistance. An annual solicitation of Section 3 and minority and women owned businesses is distributed to encourage their participation in the City’s housing programs. Third Program Year Action Plan 29 Version 2.0 ÌßÞÔÛ íÞ ßÒÒËßÔ ØÑËÍ×ÒÙ ÝÑÓÐÔÛÌ×ÑÒ ÙÑßÔÍ ß²²«¿´ Î»±«®½» «»¼ ¼«®·²¹ ¬¸» °»®·±¼ ßÒÒËßÔ ßÚÚÑÎÜßÞÔÛ ÎÛÒÌßÔ Û¨°»½¬»¼ ØÑËÍ×ÒÙ ÙÑßÔÍ øÍÛÝò îïë÷Ò«³¾»® ÝÜÞÙØÑÓÛÛÍÙØÑÐÉß Ý±³°´»¬»¼ ß½¯«··¬·±² ±º »¨·¬·²¹ «²·¬ Ð®±¼«½¬·±² ±º ²»© «²·¬ Î»¸¿¾·´·¬¿¬·±² ±º »¨·¬·²¹ ïë «²·¬ îêð Î»²¬¿´ ß·¬¿²½» Ì±¬¿´ Í»½ò îïë Î»²¬¿´ îéë Ù±¿´ ßÒÒËßÔ ßÚÚÑÎÜßÞÔÛ ÑÉÒÛÎ ØÑËÍ×ÒÙ ÙÑßÔÍ øÍÛÝò îïë÷ ß½¯«··¬·±² ±º »¨·¬·²¹ «²·¬ Ð®±¼«½¬·±² ±º ²»© «²·¬ Î»¸¿¾·´·¬¿¬·±² ±º »¨·¬·²¹ ëì «²·¬ ìí Ø±³»¾«§»® ß·¬¿²½» Ì±¬¿´ Í»½ò îïë Ñ©²»® çé Ù±¿´ ßÒÒËßÔ ßÚÚÑÎÜßÞÔÛ ØÑËÍ×ÒÙ ÙÑßÔÍ øÍÛÝò îïë÷ Ø±³»´» Ò±²óØ±³»´» Í°»½·¿´ Ò»»¼ Ì±¬¿´ Í»½ò îïë ßºº±®¼¿¾´» Ø±«·²¹ ßÒÒËßÔ ØÑËÍ×ÒÙ ÙÑßÔÍ îéë ß²²«¿´ Î»²¬¿´ Ø±«·²¹ Ù±¿´ çé ß²²«¿´ Ñ©²»® Ø±«·²¹ Ù±¿´ íéî Ì±¬¿´ ß²²«¿´ Ø±«·²¹ Ù±¿´ Ú±® ¬¸» °«®°±» ±º ·¼»²¬·º·½¿¬·±² ±º ¿²²«¿´ ¹±¿´ô ¿² ¿·¬»¼ ¸±«»¸±´¼ · ±²» ¬¸¿¬ ©·´´ ®»½»·ª» ¾»²»º·¬ ¬¸®±«¹¸ ¬¸» ·²ª»¬³»²¬ ±º Ú»¼»®¿´ º«²¼ô »·¬¸»® ¿´±²» ±® ·² ½±²¶«²½¬·±² ©·¬¸ ¬¸» ·²ª»¬³»²¬ ±º ±¬¸»® °«¾´·½ ±® °®·ª¿¬» º«²¼ò ÝÐÓÐÊ»®·±² îòð Ù®¿²¬»»æ Ø±«·²¹ 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ðððïðéëðïéïïìëïëîðéðïéêðïéëðííìììëïë Ý±³³«²·¬§Ü»ªëÝÐÓÐ CPMP Version 2.0 City of Janesville Rental Rehabilitation Program Summary of Specific Annual Objectives Outcome/Objective Specific Obj. Expected Actual Percent Sources of FundsPerformance IndicatorsYear #NumberNumberCompleted Specific Annual Objectives DH-1Availability/Accessibility of Decent Housing DH-1 (1)Specific Objective: Address the need for Source of Funds #1Performance Indicator #12010121192% available decent housing for low income HOMENumber of rental units 2011100% tenants through funding a rental rehabilitation rehabilitated Source of Funds #22012120% program. CDBG 2013120% Source of Funds #32014120% MULTI-YEAR GOAL601118% Source of Funds #1Performance Indicator #22010121192% HOMENumber of units brought from 2011100% substandard to standard Source of Funds #22012120% condition CDBG Specific Annual Objective: Provide loans for 2013120% the rehabilitation of 12 rental units to be Source of Funds #32014120% occupied by households with incomes less MULTI-YEAR GOAL601118% than 80% of the Rock County median Income. Source of Funds #1Performance Indicator #32010121192% Loans are deferred during the period of HOMENumber of units rehabilitated 2011100% affordability and then repaid at 5% interest using lead-safe through this Source of Funds #22012120% rehabilitation process CDBG 2013120% Source of Funds #32014120% MULTI-YEAR GOAL601118% DH-1 (1)1CPMP CPMP Version 2.0 City of Janesville Home Improvement Program Summary of Specific Annual Objectives Outcome/Objective Specific Obj. Expected Actual Percent Sources of FundsPerformance IndicatorsYear #NumberNumberCompleted Specific Annual Objectives DH-1Availability/Accessibility of Decent Housing DH-1(2)Specific Objective: Address the need for Source of Funds #1Performance Indicator #1201012867% available decent housing for low income CDBGNumber of units rehabilitated 2011120% tenants through funding an owner-occupied Source of Funds #22012120% home improvement program. 2013120% Source of Funds #32014120% MULTI-YEAR GOAL60813% Source of Funds #1Performance Indicator #2201012867% CDBGNumber of houses brought 2011120% from substandard to standard Source of Funds #22012120% condition Specific Annual Objective: Provide 12 home 2013120% improvement loans to income-eligible Source of Funds #32014120% homeowners to bring homes from substandard MULTI-YEAR GOAL60813% to standard condition Source of Funds #1Performance Indicator #32010 #VALUE! 2011#DIV/0! Source of Funds #22012#DIV/0! 2013#DIV/0! Source of Funds #32014#DIV/0! MULTI-YEAR GOAL0#DIV/0! DH-1(2)2CPMP CPMP Version 2.0 City of Janesville Acquisition/Rehab/Resale Summary of Specific Annual Objectives Outcome/Objective Specific Obj. Expected Actual Percent Sources of FundsPerformance IndicatorsYear #NumberNumberCompleted Specific Annual Objectives DH-1Availability/Accessibility of Decent Housing DH-1(3)Specific Objective: Increase the availability of Source of Funds #1Performance Indicator #12010400% decent housing by using funding from the CDBG - NSPNumber of new single family 201150% CDBG-NSP to acquire, rehabilitate, and resell owner-occupied units Source of Funds #2201210% single family homes and rental propertiesdeveloped 2013#DIV/0! Source of Funds #32014#DIV/0! MULTI-YEAR GOAL600% Source of Funds #1Performance Indicator #22010300% CDBG - NSPNumber of new rental 201110% properties developed Source of Funds #2201210% Specific Annual Objective: Provide funds for 2013#DIV/0! the acquisition, rehabilitation, and resale of one Source of Funds #32014#DIV/0! single family home and one rental unit. MULTI-YEAR GOAL500% Source of Funds #1Performance Indicator #32010#DIV/0! 2011#DIV/0! Source of Funds #22012#DIV/0! 2013#DIV/0! Source of Funds #32014#DIV/0! MULTI-YEAR GOAL0#DIV/0! DH-1(3)3CPMP CPMP Version 2.0 City of Janesville Down Payment and Closing Cost Assistance Summary of Specific Annual Objectives Outcome/Objective Specific Obj. Expected Actual Percent Sources of FundsPerformance IndicatorsYear #NumberNumberCompleted Specific Annual Objectives DH-2Affordability of Decent Housing DH-2 (1)Specific Objective: Address the need for Source of Funds #1Performance Indicator #12010504590% affordable, decent housing by offering a down CDBGNumber of low-income 201150 #VALUE! payment and closing cost assistance forgivable households assisted by loans Source of Funds #22012500% loans to income-eligible first-time homebuyers.for down payment and closing HOME 2013500% costs Source of Funds #32014500% MULTI-YEAR GOAL2504518% Source of Funds #1Performance Indicator #22010813163% CDBGNumber of first-time home- 201180% buyers assisted with fix-up Source of Funds #2201380% loans HOME Specific Annual Objective: Provide deferred 201380% pament forgivable loans for down payment and Source of Funds #3201480% closing cost assistnace to 50 households with a MULTI-YEAR GOAL401333% median income of less than 80% of the Rock Source of Funds #12010#DIV/0! County Median Income. In conjunction with 2011#DIV/0! receiving the funds, homeowners also receive Source of Funds #22012#DIV/0! counseling on home-ownership, and 8 persons 2013#DIV/0! will receive a "fix up" loan. 2014#DIV/0! MULTI-YEAR GOAL0#DIV/0! DH-2 (1)4CPMP CPMP Version 2.0 City of Janesville Recently Purchased Rehabilitation Program Summary of Specific Annual Objectives Outcome/Objective Specific Obj. Expected Actual Percent Sources of FundsPerformance IndicatorsYear #NumberNumberCompleted Specific Annual Objectives DH-2Affordability of Decent Housing DH-2 (2)Specific Objective: Address the need for Source of Funds #1Performance Indicator #1201012650% affordable, quality owner-occupied housing by CDBGNumber of units rehabilitated 2011120% providing recently-purchased rehabilitation Source of Funds #22012120% loans to income-eligible owners who have 2013120% recently purchased homes in the locally- Source of Funds #32014120% defined target area. Senior and disabled MULTI-YEAR GOAL58610% persons are eligible for these loans city-wide. Source of Funds #1Performance Indicator #2201016600% CDBGNumber of units occupied by 201110% elderly heads of household Source of Funds #2201210% Specific Annual Objective: Provide loans to 12 201310% owner-occupants with a household income of Source of Funds #3201410% less than 80% CMI. Loans to elderly are on a MULTI-YEAR GOAL56120% deferred payment basis and may be located Source of Funds #1Performance Indicator #32010100% anywhere in Janesville. Loans to non-elderly CDBGNumber of units made 201110% are on an installment basis and lcoated within handicap accessible Source of Funds #2201210% the central city target area. 201310% Source of Funds #3201410% MULTI-YEAR GOAL500% DH-2 (2)5CPMP CPMP Version 2.0 City of Janesville Emergency Rent Assistance Summary of Specific Annual Objectives Outcome/Objective Specific Obj. Expected Actual Percent Sources of FundsPerformance IndicatorsYear #NumberNumberCompleted Specific Annual Objectives DH-2Affordability of Decent Housing DH-2 (3)Specific Objective: Address the need of Source of Funds #1Performance Indicator #12010766991% households to be able to maintain occupancy Number of households 20111010% of their housing units during times of financial assisted with emergency rent Source of Funds #22012#DIV/0! crisisassistance 2013#DIV/0! Source of Funds #32014#DIV/0! MULTI-YEAR GOAL69#DIV/0! Source of Funds #1Performance Indicator #22010#DIV/0! 2011#DIV/0! Source of Funds #22012#DIV/0! Specific Annual Objective: Provide emergency 2013#DIV/0! rent assistance to 76 eligible low-income Source of Funds #32014#DIV/0! households MULTI-YEAR GOAL0#DIV/0! Source of Funds #1Performance Indicator #32010#DIV/0! 2011#DIV/0! Source of Funds #22012#DIV/0! 2013#DIV/0! Source of Funds #32014#DIV/0! MULTI-YEAR GOAL0#DIV/0! DH-2 (3)6CPMP CPMP Version 2.0 City of Janesville Summary of Specific Annual Objectives Outcome/Objective Specific Obj. Expected Actual Percent Sources of FundsPerformance IndicatorsYear #NumberNumberCompleted Specific Annual Objectives SL-1Availability/Accessibility of Suitable Living Environment SL-1 (2)Specific Objective: Provide education to first-Source of Funds #1Performance Indicator #120101009595% time homebuyersCDBGNumber of workshop 20111000% participants Source of Funds #220121000% 20131000% Source of Funds #320141000% MULTI-YEAR GOAL95#DIV/0! Source of Funds #1Performance Indicator #22010#DIV/0! 2011#DIV/0! Source of Funds #22012#DIV/0! Specific Annual Objective: Provide 2013#DIV/0! homeownership training for 100 potential first- Source of Funds #32014#DIV/0! time homebuyers MULTI-YEAR GOAL0#DIV/0! Source of Funds #1Performance Indicator #32010#DIV/0! 2011#DIV/0! Source of Funds #22012#DIV/0! 2013#DIV/0! Source of Funds #32014#DIV/0! MULTI-YEAR GOAL0#DIV/0! SL-1 (2)7CPMP CPMP Version 2.0 City of Janesville Summary of Specific Annual Objectives Outcome/Objective Specific Obj. Expected Actual Percent Sources of FundsPerformance IndicatorsYear #NumberNumberCompleted Specific Annual Objectives SL-2Affordability of Suitable Living Environment SL-2 (1)Specific Objective: Improve the affordability of Source of Funds #1Performance Indicator #120104201379328% healthcare for low income persons without CDBGNumber of persons assisted 20119920% health insurance Source of Funds #22012#DIV/0! 2013#DIV/0! Source of Funds #32014#DIV/0! MULTI-YEAR GOAL1379#DIV/0! Source of Funds #1Performance Indicator #22010#DIV/0! 2011#DIV/0! Source of Funds #22012#DIV/0! Specific Annual Objective: Assist HealthNet in 2013#DIV/0! providing healthcare services for an additional Source of Funds #32014#DIV/0! 992 persons MULTI-YEAR GOAL0#DIV/0! Source of Funds #1Performance Indicator #32010#DIV/0! 2011#DIV/0! Source of Funds #22012#DIV/0! 2013#DIV/0! Source of Funds #32014#DIV/0! MULTI-YEAR GOAL0#DIV/0! SL-2 (1)8CPMP CPMP Version 2.0 City of Janesville Summary of Specific Annual Objectives Outcome/Objective Specific Obj. Expected Actual Percent Sources of FundsPerformance IndicatorsYear #NumberNumberCompleted Specific Annual Objectives SL-2Affordability of Suitable Living Environment SL-2 (2)Specific Objective: Address the need for a Source of Funds #1Performance Indicator #12010302480% suitable living environment by providing grants CDBGNumber of youth receiving 2011300% to low income youth to participate in summer scholarship assistance Source of Funds #22012#DIV/0! camp opportunities 2013#DIV/0! Source of Funds #32014#DIV/0! MULTI-YEAR GOAL24#DIV/0! Source of Funds #1Performance Indicator #22010#DIV/0! 2011#DIV/0! Source of Funds #22012#DIV/0! Specific Annual Objective: Provide scholarship 2013#DIV/0! assistance for 30 persons Source of Funds #32014#DIV/0! MULTI-YEAR GOAL0#DIV/0! Source of Funds #1Performance Indicator #32010#DIV/0! 2011#DIV/0! Source of Funds #22012#DIV/0! 2013#DIV/0! Source of Funds #32014#DIV/0! MULTI-YEAR GOAL0#DIV/0! SL-2 (2)9CPMP CPMP Version 2.0 City of Janesville Summary of Specific Annual Objectives Outcome/Objective Specific Obj. Expected Actual Percent Sources of FundsPerformance IndicatorsYear #NumberNumberCompleted Specific Annual Objectives SL-2Affordability of Suitable Living Environment SL-2 (3)Specific Objective: Address the need for a Source of Funds #1Performance Indicator #120101500% suitable living environment by providing grant CDBGNumber of youth receiving 2011400% to low income youth for the Boys and Girls Club scholarship assistance Source of Funds #22012#DIV/0! Lincoln After-School Adventure Club 2013#DIV/0! Source of Funds #32014#DIV/0! MULTI-YEAR GOAL5500% Source of Funds #1Performance Indicator #22010#DIV/0! 2011#DIV/0! Source of Funds #22012#DIV/0! Specific Annual Objective: Provide financial 2013#DIV/0! assistance to youth who participate in the Source of Funds #32014#DIV/0! Lincoln After-School Adventure Club. MULTI-YEAR GOAL0#DIV/0! Source of Funds #1Performance Indicator #32010#DIV/0! 2011#DIV/0! Source of Funds #22012#DIV/0! 2013#DIV/0! Source of Funds #32014#DIV/0! MULTI-YEAR GOAL0#DIV/0! SL-2 (3)10CPMP CPMP Version 2.0 City of Janesville Summary of Specific Annual Objectives Outcome/Objective Specific Obj. Expected Actual Percent Sources of FundsPerformance IndicatorsYear #NumberNumberCompleted Specific Annual Objectives SL-3Sustainability of Suitable Living Environment SL-3 (1)Specific Objective: Address the needs of the Source of Funds #1Performance Indicator #12010302067% downtown area for public and private CDBGNumber of façade grants 201110% improvements Source of Funds #22012#DIV/0! 2013#DIV/0! Source of Funds #32014#DIV/0! MULTI-YEAR GOAL20#DIV/0! Source of Funds #1Performance Indicator #22010#DIV/0! 2011#DIV/0! Source of Funds #22012#DIV/0! Specific Annual Objective: Provide funding for 2013#DIV/0! activities identified by the Downtown Source of Funds #32014#DIV/0! Development Alliance, such as façade grants MULTI-YEAR GOAL0#DIV/0! Source of Funds #1Performance Indicator #32010#DIV/0! 2011#DIV/0! Source of Funds #22012#DIV/0! 2013#DIV/0! Source of Funds #32014#DIV/0! MULTI-YEAR GOAL0#DIV/0! SL-3 (1)11CPMP CPMP Version 2.0 City of Janesville Summary of Specific Annual Objectives Outcome/Objective Specific Obj. Expected Actual Percent Sources of FundsPerformance IndicatorsYear #NumberNumberCompleted Specific Annual Objectives SL-3Sustainability of Suitable Living Environment SL-3 (2)Specific Objective: Address the sustainability Source of Funds #1Performance Indicator #12010400400100% of a suitable living environment in the central CDBGNumber of people who attend 20114000% city neighborhoods by implementing activities events Source of Funds #22012#DIV/0! identified by the Neighborhood Action Team 2013#DIV/0! Source of Funds #32014#DIV/0! MULTI-YEAR GOAL400#DIV/0! Source of Funds #1Performance Indicator #22010#DIV/0! 2011#DIV/0! Source of Funds #22012#DIV/0! Specific Annual Objective: Assist the 2013#DIV/0! Neighborhood Action Team is hosting Source of Funds #32014#DIV/0! community building activities that draw an MULTI-YEAR GOAL0#DIV/0! attendance of 400 people Source of Funds #1Performance Indicator #32010#DIV/0! 2011#DIV/0! Source of Funds #22012#DIV/0! 2013#DIV/0! Source of Funds #32014#DIV/0! MULTI-YEAR GOAL0#DIV/0! SL-3 (2)12CPMP CPMP Version 2.0 City of Janesville Summary of Specific Annual Objectives Outcome/Objective Specific Obj. Expected Actual Percent Sources of FundsPerformance IndicatorsYear #NumberNumberCompleted Specific Annual Objectives EO-1Availability/Accessibility of Economic Opportunity EO-1 (1)Specific Objective: Provide increased access Source of Funds #1Performance Indicator #12010201470% to adult literacy educationCDBGNumber of new students 2011100% served Source of Funds #22012#DIV/0! 2013#DIV/0! Source of Funds #32014#DIV/0! MULTI-YEAR GOAL301447% Source of Funds #1Performance Indicator #2 2010#DIV/0! Individuals assisted with 2011500% literacy skills Source of Funds #22012#DIV/0! Specific Annual Objective: Provide adult 2013#DIV/0! literacy tutoring for 50 people Source of Funds #32014#DIV/0! MULTI-YEAR GOAL5000% Source of Funds #1Performance Indicator #32010#DIV/0! 2011#DIV/0! Source of Funds #22012#DIV/0! 2013#DIV/0! Source of Funds #32014#DIV/0! MULTI-YEAR GOAL0#DIV/0! EO-1 (1)13CPMP CPMP Version 2.0 City of Janesville Summary of Specific Annual Objectives Outcome/Objective Specific Obj. Expected Actual Percent Sources of FundsPerformance IndicatorsYear #NumberNumberCompleted Specific Annual Objectives EO-3Sustainability of Economic Opportunity EO-3 (1)Specific Objective: Provide women with the Source of Funds #1Performance Indicator #12010900% skills and access to the resources needed to CDBGNumber of new clients served 20110#DIV/0! improve their employability and become Source of Funds #22012#DIV/0! successful in their chosen profession 2013#DIV/0! Source of Funds #32014#DIV/0! MULTI-YEAR GOAL900% Source of Funds #1Performance Indicator #22010#DIV/0! 2011#DIV/0! Source of Funds #22012#DIV/0! Specific Annual Objective: Assist the Women's 2013#DIV/0! Economic Empowerment Center in assisting 9 Source of Funds #32014#DIV/0! new clients MULTI-YEAR GOAL0#DIV/0! Source of Funds #1Performance Indicator #32010#DIV/0! 2011#DIV/0! Source of Funds #22012#DIV/0! 2013#DIV/0! Source of Funds #32014#DIV/0! MULTI-YEAR GOAL0#DIV/0! EO-3 (1)14CPMP Economic Development Department Memorandum October 24, 2011 TO: City Council FROM: Vic Grassman, Economic Development Director SUBJECT: Authorization for the City Manager to Enter Into a TIF Development Agreement for TIF 25 in the amount of $100,000 with Northwoods Holding, LLC on behalf of United Alloy. Executive Summary United Alloy, Inc. located at 4100 Kennedy Road, Janesville, WI has requested a forgivable TIF loan incentive of $100,000. The company is planning to construct at 21,000 sq. ft. addition to their existing facility at the above address. Construction costs are estimated to be between $750,000 and $800,000. Currently there are 86 full time positions at this facility. With this expansion United Alloy has indicated that they will create 32 additional positions within three years at an average wage rate of $18.00/hour plus benefits. Loan funds would be used to assist in reducing construction costs. United Alloy currently leases the facility from Northwoods Holding LLC. The loan would be made to Northwoods Holding on behalf of United Alloy. United Alloy, Inc. is an ISO 9001:2008 facility and is a certified Women-owned business. The company manufactures the high quality diesel fuel tanks, generator frames and heavy metal fabrications and their customer list includes such companies as Caterpillar, Generac, Morgan Corp and Cummins Power. TIF 25 would provide the funding. Under Wisconsin law, the maximum life of an industrial TIF created after 10/95 but before 10/04 is twenty-three years. TIF 25 was created in 2002 thus having a life of twenty-three years. With the inclusion of this loan, this TIF District is projected to have a positive balance of $66,127 in th its 20 year (2021) and a balance of $386,122 in its final year (2024). City Manager’s Recommendation The City Manager recommends approval. Economic Development Director’s Recommendation I recommend that the City of Janesville offer an incentive package of $100,000. This would be in our traditional TIF loan format with the annual waiver of debt service being based on the tax increment generated and employment levels. Northwoods Holding, LLC will guarantee the repayment of the loan. United Alloy will be responsible for achieving the employment goals as stated above. This recommendation is based on:  The Council’s guidelines for assisting companies using TIF dollars based on new tax increment generated from real estate expansions and/or new construction.  This is an existing Janesville company that has, and will continue to create good paying, skilled, full time positions for Janesville area residents. Suggested Motion I move to approve resolution Number 2011-849. cc: Eric Levitt Jacob Winzenz Resolution 2011- 849 A Resolution Approving a TIF 25 Development Loan Agreement and Promissory Note With Developer Northwoods Holding, LLC For United Alloy, Inc. For $100,000 WHEREAS, the Common Council of the City of Janesville created Tax Incremental Finance District No. 25 in accord with Wisconsin’s Tax Increment Financing Laws, Wis. Stats. Sec. 66.1105, and other applicable statutes, as from time to time amended or renumbered in order to stimulate the development and redevelopment of industrially zoned properties; retain and increase employment; construct, renovate and expand industrial facilities; and otherwise provide for the overall economic health, welfare, vitality, and good of the community; and WHEREAS, the Project Plan for TIF District 25 includes industrial and manufacturing development and redevelopment, improvements, facility construction, expansion, and renovation, job retention and creation, and related financing, incentives, payments, loans, and actions that effectuate and/or facilitate these public purposes and goals; and WHEREAS, United Alloy, Inc., is located at 4100 Kennedy Road and is planning to add a 21,000 sq. ft. addition onto their present facility of 82,500 sq. ft.; Northwoods Holdings, LLC, is a Wisconsin limited liability corporation conducting its principal business at 89 Forest Drive, Manitowish Waters, WI 54545 and is the Owner and Developer of this manufacturing and distribution center leased to United Alloy and will be the “Developer” in the TIF Development Agreement; United Alloy guarantees to retain 86 full-time jobs and shall create 22 more over a 3-year period; job levels and construction timetable were provided by United Alloy; the forgivable loan solely for development purposes will be for $100,000 plus $23,290.10 in interest costs for a total of $123,290.10 with an annual debt service repayment in the amount of $12,329.10; and construction costs are estimated at $750,000; and WHEREAS, there are currently sufficient positive fund balances in the TIF District 25 improvement and overall project accounts, and these expenditures fall within the allowable time and scope for said Development Agreement and expenditures; and WHEREAS, the Common Council hereby find that the City Administration has negotiated the TIF Development Loan Agreement and Promissory Note with United Alloy and Northwoods Holdings upon terms, conditions, promises, obligations, provisions, and purposes, consistent with the best interest of and benefit to the City, all applicable laws, and Common Council industrial and economic development policies, goals, objectives, and directives. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Janesville that: 1. Each and every of the above recitals are reiterated and incorporated herein by reference as if fully set forth verbatim; and 2. The Northwoods Holdings, LLC, and United Alloy, Inc., TIF 25 Development Loan Agreement and Promissory Note are also reiterated and incorporated herein by reference as if fully set forth verbatim; and 3. The Northwoods Holdings, LLC, TIF 25 Development Loan Agreement and Promissory Note, and all expenditures, terms, conditions, promises, obligations, and provisions set forth therein are hereby found to be in the best interest of, and for the benefit of, the City, and, therefore, are hereby both authorized and approved; and 4. The City Manager and/or his designee(s) is/are hereby authorized to execute, enter into, and effectuate the TIF 25 Development Loan Agreement and Promissory Note with Northwoods Holdings, LLC, and United Alloy, Inc., on behalf of the City of Janesville; and BE IT FURTHER RESOLVED, that the City Manager and/or his designee(s), on behalf of the City of Janesville, is/are hereby authorized to administratively negotiate, draft, execute, review, enter in, modify, amend, record, file, and otherwise effectuate the above agreements and promissory note, and/or to make and enter into any and all other agreements, contracts, documents, papers, and forms, and/or to take whatever other actions that the City Manager and/or his designee(s) may, from time to time and at any time, determine necessary and/or desirable to effectuate the above transactions, agreements, and/or above all the intent and/or purposes of this Resolution. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Dongarra-Adams Eric J. Levitt, City Manager Liebert McDonald ATTEST: Rashkin Steeber Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Economic Development Director Prepared by: City Attorney : Revised: TIF DEVELOPMENT AGREEMENT FOR A BUILDING EXPANSION LOCATED PRIMARILY IN JANESVILLE PROPOSED TIF DISTRICT NO. 25 FOR DEVELOPMENT PURPOSES BY AND BETWEEN CITY OF JANESVILLE "THE CITY" AND NORTHWOODS HOLDING, LLC (The "AGREEMENT") TIF DEVELOPMENT AGREEMENT I. PARTIES CITY OF JANESVILLE A. The is a Wisconsin Municipal Corporation located in the County of Rock, conducting its principal business at 18 North Jackson Street, Janesville, WI CITYSELLER (hereinafter the ""), and is the of certain real property described below; NORTHWOODS HOLDING, LLC(NORTHWOODS B. hereinafter “” or DEVELOPER, is ) a Wisconsin limited liability corporation conducting its principal business at “” OWNER DEVELOPER 89 Forest Drive, Manitowish Waters, WI 54545 and is the and of a manufacturing and distribution center located at 4100 Kennedy Road, Janesville, WI 53545 PROPERTY”)LESSOR (“hereafter “ and the of approximately Eighty-Two Thousand, Five PROPERTY UNITED ALLOY, INC. Hundred square feet (82,500 sq.ft.) in the to (“hereinafter UA”).NORTHWOODS UA “ is the payor and guarantor of the repayment of the loan. . UA Cconducts its principle business at 4100 Kennedy Road in the City of Janesville, County UA PROPERTY FACILITY of Rock, State of Wisconsin. plans to continue to lease the and from NORTHWOODS toPROPERTY accommodate and operate a manufacturing business upon the . PROPERTY, This business activity plans to add a 21,000 sq. ft. addition to the existing retain eighty-six (86) existing full-time jobs and add thirty-two (32) new positions within three years at the FACILITY AGREEMENT/PROMISSORY at the times noted during the duration of this st NOTE, , commencing no later than the 31 day of December 2011. To this legitimate and beneficial UACITY purpose, shall borrow from and repay in full to the the sum of One Hundred Thousand and 0/100 dollars ($100,000), plus all interest, costs, fees and disbursements provided in this UA Agreement and Note in the manner, in the amounts, and at the times set forth herein. shall use PROPERTYFACILITY. the $100,000 solely for development purposes at the and II. DESCRIPTION of THE PROPERTY PROPERTY The located at 4100 Kennedy Road, in the City of Janesville, County of Rock, State of Wisconsin, contained within the City of Janesville Tax Increment Financing District No. 25 consisting of an 82,500 s.f. manufacturing facility located on approximately 14.6 acres of land, Exhibit A. graphically depicted in attached This exhibit is incorporated herein as if fully set forth. PROPERTY This parcel of constitutes the . III. PURPOSE OF AGREEMENT PROPERTY A. The described is located in City of Janesville T.I.F. District No. 25 and DEVELOPER intended to be used by the as part of an overall development project in the City of Janesville for the construction of an additional 21,000 sq. ft. to be added to the existing FACILITY. manufacturing, warehousing, and distribution This project will provide, foster and encourage additional employment; enhance the health, welfare, and benefit of the City; and add significantly to the aesthetic nature and character of this portion of the City of Janesville. DEVELOPER B. To these legitimate ends and purposes the is hereby entering into this CITY Agreement with the in order to construct a 21,000 s.f. addition to the existing facilityand PROPERTYCITY develop said consistent with such overall and particular plans and in such CITY manner as will produce revenues to the through increased equalized value of real and personal property, tax increments, tax payments, and/or tax equivalence payments sufficient and required CITY under this Agreement to repay certain T.I.F. expenditures and related costs and expenses DEVELOPER's within T.I.F. District No. 25. Said arrangement is to the benefit, as the T.I.F. taxation mechanism, terms of this Agreement, and related business factors evince. CITY C. By approving and entering into this Agreement, the governing body of the finds the Agreement and project each in the best interest of the city and of benefit to the community. FACILITY D. The further purpose of this Agreement is to facilitate the construction of the PROPERTY FACILITY expansionon the and lease of the which shall retain and add jobs in the City of Janesville. This purpose shall more than adequately meet and greatly facilitate the intent and CITY goals of the and its land use and development plans for T.I.F. District No.25. The DEVELOPERCITY acknowledges that the is only able to reimburse the certain development costs PROPERTY on the through the T.I.F. District No. 25 Project Plan pursuant to applicable CITY Wisconsin laws and statutes which enable the to receive and utilize specially designated and PROPERTY directed future real and personal property tax revenues from the as generated by DEVELOPER's FACILITY thereon which increase the overall equalized value of T.I.F. District CITY No. 25. Further, by law, the must use such increased incremental tax revenues generated by such development project(s) located within T.I.F. District No. 25 to repay its T.I.F. District DEVELOPER's development, related costs, and expenses. But for the promises and agreements CITY herein and representations herein and otherwise, the would not enter into this Agreement. CITY The relies and relied upon such representations, promises and agreements of the DEVELOPERCITY's for all of purposes arising from this project. IV. THE AGREEMENT DEVELOPER'sFACILITY A.In consideration of the completion of the expansion on the PROPERTY, FACILITYTENANT lease of the additional space to the , guarantee of equalized value and/or annual tax equivalent and minimum payments thereon described more fully, infra, and DEVELOPER performance by the of each and every of its other obligations set forth in this Agreement, DEVELOPER but only in the event that the fulfills each and every such obligation not CITYCITY otherwise waived in writing by the and upon satisfactory written notice to the by the DEVELOPERDEVELOPER's that all of the contingencies (Section IV.D.) are waived and/or are CITY FACILITY satisfied, the shall: Upon the issuance of a final Occupancy Permit for the upon PROPERTY NORTHWOODS HOLDING, LLC UNITED theloan and provide to and ALLOY, INC. accept and promise to pay the CITY, the sum of One Hundred Thousand and DEVELOPMENT LOAN PROCEEDS 00/100 Dollars ($100,000.00) (hereafter the “”) in the manner, in the amount (s) set forth in the Agreement/Promissory Note. Additional terms and conditions of the Agreement/Promissory Note might be, and if they are set forth in a document TIF DEVELOPMENT LOAN AGREEMENT By and Between the City of Janesville entitled “ (“Lender) and Northwoods (Promissor”),” it shall be attached hereto as Exhibit “B: and incorporated and reiterated by reference as if fully set forth verbatim NORTHWOODS HOLDING, LLC (DEVELOPER) B. The shall: 1.Prior to the start of any construction, foundation work or installation of any structure PROPERTY or other improvement upon the , seek and obtain approval from the City Site Plan and Review Coordinator of the Site Plan exterior appearance of every structure, improvement and DEVELOPERPROPERTY. implementation proposed by the upon and/or for the 2.Complete or cause to be completed the 21,000 s.f. expansion to the existing FACILITYPROPERTY upon the as well as any leasehold improvements in the existing FACILITY FACILITY and obtain or cause to obtain a Final Certificate of Occupancy for the upon PROPERTY the from the City of Janesville Building Permit division within the Community Development Department. CITY 3.Provide financial documentation to the that shows that the DEVELOPER/PROMISSOR to be financially stable and able to repay the Development Loan to CITY the made under the provisions of Section IV.A. Financial documentation may include, but not limited to, income statements and balance sheets for the past three years, proforma projections of future sales and incomes, etc. 4. Commit to retain Eighty-Six (86) full time equivalent positions (2,080 hours) DEVELOPERS currently employed at the facility located at 4100 Kennedy Road and agree to FACILITY create an additional Thirty-two (32) full time equivalent jobs at the within three years from the construction completion date. For the purposes of this sub-section, the employment level DEVELOPER to as reported by the the Wisconsin Department of Workforce Development for unemployment compensation purposes in March 2012 shall be compared to the employment levels DEVELOPERS reported in February 2013 to determine the increase in employment levels. 5. Construct any and all buildings, structures and other improvement(s) of whatsoever kind PROPERTY DEVELOPER or nature upon the fully and solely at the expense of the , at no cost or CITY expense whatsoever to the , and in compliance and in conformity with: CITY a. each and every of the approvals and permits granted and/or issued by the pertaining thereto; and CITY b. each and every applicable , Federal, state, county and other ordinance, directive, statute, code, regulation and law in effect at the time applicable under law. DEVELOPER's 7. Arrange, solely at cost, for the installation, connection, and lateral extension of water, sewer, storm drainage, natural gas and underground electrical utilities from the DEVELOPER's FACILITY street right-of-way to the as needed. 8. Fully complete construction of not less than a 21,000 square foot expansion to the FACILITY PROPERTY, existing on the which addition shall increase the actual real property PROPERTY equalized fair market valuation of the by not less than $12,329.10. The 21,000 sf FACILITY expansion to the existing shall be completed no later than noon on March 31, 2012. 9. The City intends to incur direct and indirect T.I.F. District No. 25. costs and related expenditures plus interest thereon which the City expects to be repaid from taxes and tax equivalent DEVELOPER’s FACILITY payments from the expansion of the located within T.I.F. District No. 25. For purposes of this Agreement, the parties agree that the share of such costs and related PROPERTY expenditures applicable to the shall be One Hundred Thousand and 0/100 Dollars ($100,000.00) plus interest in the amount of Twenty-Three Thousand, Two Hundred Ninety and 95/100 Dollars ($23,290.95.00), for a total cost of One Hundred, Twenty-Three Thousand, Two Hundred Ninety and 95/100 Dollars ($123,290.95), which total shall be referred to herein as the "Property Break-Even Amount". Beginning in tax year 2012 (payable in 2013), and for each year thereafter until the City's Property Break Even Amount (defined above) is satisfied in full, the DEVELOPERhigher shall pay to the CITY the of: DEVELOPMENT SITE a.the actual real and personal property taxes for the net of any State of Wisconsin property tax credits ; or PROPERTY b.a combination of: (1) such real and personal property taxes for the actually levied and paid, net of any State of Wisconsin property tax credits, and (2) such additional sums of monies (tax equivalent payments), which together in the aggregate amount to not less than Twelve Thousand, Three hundred Twenty nine and 09/100 ($12,329.10), which amount equals the City’s Property Break- Even Amount divided by ten. DEVELOPER If the is required to make a tax equivalent guarantee payment in addition PROPERTY to the real and personal property taxes for the under the terms of this sub-section, said DEVELOPER payment shall be due and the agrees to make such payment at the same time the real PROPERTY and personal property taxes for the become due and payable each property tax year. DEVELOPER's 10. The purpose for such payments, and the intent and goal of Section CITY IV.B.9., is to guarantee that the fully recovers its proportionate share of T.I.F. District No. 25 DEVELOPER expenditures from the within the recovery time period provided by law, regardless of PROPERTY the actual value of the or real property tax mill rate after the construction of the FACILITYPROPERTYDEVELOPER on the by the . The further intent and goal hereof is the DEVELOPER's DEVELOPER guarantee to make such additional payments in the event that the , for whatsoever reason without limitation, fails to construct upon or provide improvements to the PROPERTY which in themselves would generate sufficient value so as to enable the DEVELOPER'sCITY fulfillment of the minimum agreed payments to the required by Section IV.B.9. of the Agreement. 11. For all future real estate expansions either stand alone or the expansion of an existing DEVELOPER facility within the City of Janesville, the agrees to meet all City of Janesville Industrial Park Deed Restrictions, a copy of which is included in this agreement. This includes meeting the non-metallic materials on the exterior side of the building facing a street or Interstate Highway requirements as set forth in the Industrial Park Deed Restrictions. PROPERTY, C. No part, portion or whole of the during the life of T.I.F. District No. 25., DEVELOPER may, by the , be sold, conveyed, transferred, leased, subleased or in any manner whatsoever alienated, assigned, encumbered or used by any person, firm, corporation, partnership, association, joint or other venture, or other entity of whatsoever kind or nature ("person"), who/which would not be legally or otherwise required to pay, or who would not, could not or does not pay in full the guaranteed minimum payments agreed to be paid pursuant to Section IV.B.9. CITY While the 's Property Break-Even Amount remains unpaid in full, no sale to any other person CITY may occur without the prior written approval of the , which approval will not be unreasonably DEVELOPERCITY withheld. If the pays to the the amount set forth in Section IV.F., then the DEVELOPERPROPERTYCITYS may sell the without the prior approval. Notwithstanding ’ DEVELOPERPROPERTY the foregoing provisions, the shall have the right to mortgage the with a first priority lien, to the lender of its choice to secure a construction loan for the project provided for herein as well as any subsequent refinancing thereof without first obtaining the written approval CITY of the . DEVELOPER's D. The obligation to perform under this Agreement is subject to and DEVELOPER contingent upon the obtaining, prior to December 31, 2011: 1.All required approvals, including signage and exterior appearance, by all governmental FACILITY agencies necessary for the design and construction of the by the DEVELOPERPROPERTY on the on terms and conditions satisfactory to the DEVELOPER. 2.Commitments for construction financing and permanent project financing for the FACILITYDEVELOPER PROPERTY to be constructed by the on the on terms DEVELOPER. and conditions satisfactory to the PROPERTYTENANT 3.Receipt of a binding lease for the by the at terms and DEVELOPER. conditions acceptable to the DEVELOPERCITY The shall provide to the such written notice of the termination of this CITY Agreement or waiver(s) and/or proofs of contingency satisfaction acceptable to the no later than FACILITY Noon, December 15, 2011, or one week prior to the issuance of a building permit for the on PROPERTY, the whichever shall occur sooner. CITY's E. The obligation to perform under this Agreement is further contingent upon the CITY's receipt of any and all waivers and satisfactions of contingencies required of the DEVELOPER under this Agreement. DEVELOPER F.The shall have the right from the date of this Agreement to pay to the CITY the sum of One Hundred Twenty Three Thousand, Two Hundred Ninety and 95/100 Dollars ($123,290.95) less the aggregate actual property tax and tax equivalent payments previously paid by DEVELOPERCITYPROPERTY the to the for the in T.I.F. No. 25., and less all unearned CITY interest or unexpended financing charges included in the Property Break-Even Amount for the PROPERTYDEVELOPERCITY as of the date of such payment by the to the . If the DEVELOPERCITYDEVELOPER exercises this alternative and pays such sum to the , then the shall no longer be required to make the minimum annual payment of Twelve Thousand, Three Hundred Twenty-nine and 10/100 Dollars ($12,329.10) as set forth in Section IV.B.9. of this Agreement. Further, upon the making of such alternative payment, the covenants and restrictions as contained in Section IV.C. shall be deemed null and void. V. OTHER PROVISIONS A.Time is of the essence as to the performance of this Agreement and each obligation herein. CITY In the event that the is delayed for any reason in performing any of its promises as set forth in this Agreement, all dates shall be extended for a reasonable period not to exceed thirty (30) days. CITY B.The warrants and represents that the Common Council for the City of Janesville has lawfully authorized this transaction and has otherwise authorized the City Manager and/or the City Administration to take such steps, enter into negotiations, and draft, prepare, execute, file and/or record this and related agreements, documents, forms and other papers as the City Manager may, from time to time, determine necessary and/or desirable to consummate and/or effectuate the transaction(s) set forth in, and intent and purposes of, this Agreement. DEVELOPERCITYDEVELOPER C. The acknowledges that has informed the of Wisconsin Statutes ss. 66.46 (6c), which requires any for-profit entity that operates within a TIF district for which the City has incurred TIF costs, to notify the Department of Workforce Development and the local private industry council of any position to be filled for a period of one year from the payment of such project costs. CITYDEVELOPER D. (1) The shall provide to the at or before closing certified photocopies of all necessary Common Council resolution(s) and/or minutes evincing said authorizations in a form suitable for filing with the Rock County Register of Deeds. obtain (2) The word "" as it appears throughout this Agreement as it pertains to required DEVELOPERDEVELOPER performances by the means that the shall: (a) Seek to acquire such approval or permission as is required in this Agreement and that granting such authority or permission is discretionary and not mandatory on the part of the CITY or any of its boards, commissions, bodies, or officials; (b) Receive such discretionary authority or permission as necessary prior to any CITY further obligation on the part of the . CITY E. The makes no warranty or representation except as expressly set forth herein. CITY F. The agrees to execute and deliver such other documents as counsel for the DEVELOPER may reasonably request to consummate the transaction contemplated herein. This Agreement constitutes the entire Agreement between the parties and no modification shall be binding unless amended and agreed to in writing and signed by the affected parties. DEVELOPER G. The , by signing below acknowledges having read, fully understanding, and having personally received a copy of this Agreement. H. This Agreement shall remain in full force and effect until such time as Janesville T.I.F. District No. 25. is terminated and dissolved or when each and every of the obligations of the DEVELOPER has been fully satisfied and discharged, whichever shall occur last. I. All rights and remedies in this Agreement for each party are cumulative and in addition to any and all others in law and equity. J. Any notice which is required in connection with this Agreement shall be mailed, certified mail with return receipt requested, or delivered by nationally recognized overnight carrier, or hand CITY delivered, if to the : Eric Levitt, City Manager Municipal Building 18 North Jackson Street Janesville, WI 53545 DEVELOPER If to the : Tom Baer Northwoods Holding, LLC 89 Forest Drive Manitowish Waters, WI 54545 Person or place of notice may be changed from time to time by any party notifying the other in writing duly served of the change. K. This Agreement survives any and all dates set forth, supra, runs with the land, may be CITYDEVELOPER recorded by the , and shall be binding upon and inure to the benefit of the and DEVELOPER's each and every of the conveyees, purchasers, assigns, lessees, sub-lessees, transferees, mortgagees, and successors of whatsoever kind or nature. This offer and Agreement are hereby accepted. The warranties and representations made herein survive the closing of this transaction. The undersigned hereby agrees to the terms, contingencies, conditions and obligations set forth, supra, and acknowledges receipt of a copy of this Agreement. Offered, agreed to, and entered into this _________ day of _________, 2010. Northwoods Holding, LLC BY: Tom Baer, Member State of Wisconsin ) ) ss ________ County ) Subscribed to before me personally by me known to be the person who signed above this ____ day of ____________ , 2011 ____________________________________________ Notary Public _______________ County, _______________ My commission _____________________. This offer and Agreement are hereby accepted. The warranties and representations made herein survive the closing of this transaction. The undersigned hereby agree to the terms, contingencies, conditions, and obligations set forth, supra, and acknowledge receipt of a copy of this Agreement. This _______day of __________________, 200_. CITY OF JANESVILLE BY: _________________________________ Eric Levitt City Manager BY: _________________________________ Jean A. Wulf City Clerk-Treasurer State of Wisconsin ) ) ss Rock County ) Subscribed to before me personally by Eric Levitt , City Manager, and Jean Ann Wulf, City Clerk-Treasurer, to me known to be the same who signed above this ______ day of __________________, 200_. ____________________________________________ Notary Public Rock County, Wisconsin My commission ______________________. (The rest of this page is left blank intentionally) Exhibit 'A' Map of the PROPERTY Exhibit “B’ Industrial Park Deed Restrictions DEED RESTRICTIONS CITY OF JANESVILLE INDUSTRIAL PARK KNOW ALL PERSONS BY THESE PRESENTS: Whereas the City of Janesville, a Wisconsin Municipal Corporation, is the Owner of record title to a certain lot in the County of Rock, State of Wisconsin described in this Agreement and incorporated herein as if fully set forth, WHEREAS, the City of Janesville has undertaken to purchase a certain tract of land and cause the same to be improved as an industrial park for the benefit of all subsequent Owners of lots in said subdivision, and WHEREAS, the above-described parcel lies within that tract of land which the City of Janesville intends to improve as an industrial park; NOW, THEREFORE, in consideration of the aforesaid, the undersigned, the City of Janesville, as Owner of the previously-described land, does hereby declare that said parcel shall be subject to, and the same parcel shall be conveyed to, the specific conditions and restrictions contained herein: 1. Landscaping Plan Each Owner shall submit a landscaping plan to the City of Janesville Site Plan Review Coordinator. Before any landscaping is implemented and before any building upon or use of the previously-described land is made, said landscaping plan must be approved by the Site Plan Review Coordinator. However, if the Owner does not agree with the decision of the Site Plan Review Coordinator, the Owner shall have the right to appeal the decision to the Plan Commission of the City of Janesville. The Site Plan Review Coordinator and Plan Commission shall review said plan with the consideration that the proposed landscaping should: (a) Assist in controlling noise; (b) Provide adequate visibility for traffic; (c) Provide proper shielding of parking lots or storage yards; and (d) Be designed to make the area visually compatible with the surrounding neighborhoods and to esthetically minimize any adverse impact of the industry upon the neighboring community. 2. Architectural Review Before any Owner is allowed to build upon the previously-described land, the architectural plans for any and all such buildings must be reviewed and approved by the Site Plan Review Coordinator. However, if the Owner does not agree with the decision of the Site Plan Review Coordinator, the Owner shall have the right to appeal the decision to the Plan Commission of the City of Janesville, whose decision shall be final. In reviewing such architectural plans, the Site Plan Review Coordinator and the Plan Commission shall follow the same design standards set forth in Paragraph 1 (d) and the following facade material standards. The Site Plan Review Coordinator may modify the following standards to recognize the creative and effective use of other design elements including but not limited to the use of line and form, materials texture, color, roof pitch, detailing on the windows and other features, and building placement on the site. The exterior building facade fronting any street or Interstate Highway right-of-way shall consist of, at a minimum, fifty (50%) percent non-metallic materials which could include but not be limited to brick, stone, stone aggregates, wood, and glass. Of the required fifty percent (50%) non-metallic materials, one-fifth (1/5th) may be satisfied with natural screening materials including berming and living plant materials. Any side yard facades which do not front on a public street shall consist of, at a minimum, twenty (20%) percent non-metallic materials. The twenty percent (20%) non-metallic materials requirement may be satisfied with natural screening materials including berming and living plant materials. Any side yard facades which front on a public street shall consist of, at a minimum, twenty five percent (25%) non-metallic materials. The twenty five percent (25%) non-metallic materials requirement may be satisfied with natural screening materials including berming and living plant materials. Expandable end walls designed to allow for future building expansion shall be exempted from this requirement, until the permanent end-wall is constructed. If a building is to be constructed in phases, the front facade of each building phase shall comply with this standard. For multi-story buildings, the facade area will be determined by the following formula: Facade Area =Number of floors X Height per floor X Length Note: Height per floor shall be calculated at a maximum of 12' For the purposes of this section, the area of natural screening materials shall be calculated based on the profile area of the berm or living plant materials at the time of planting. Berming shall not constitute more than one half of the natural screening unless approved by the Site Plan Review Coordinator. 3. Front Setback The required front setback area of the previously-described parcel shall not be used for the parking of any automobiles, trucks, equipment, or for the storage of any materials whatsoever. The required front setback area shall be devoted to planting and other landscaping, with the sole exception of driveways and sidewalks that are necessary for ingress and egress. If any Owner does not landscape, beautify, and maintain the front setback area, the installation and maintenance of such landscaping may be undertaken by the City, and any and all reasonable costs thereof shall be charged against the real estate, shall be a lien upon the real estate, and shall be assessed and collected as a special tax. 4. Outside Storage Outside storage is prohibited in the front yard setback areas of the previously-described land. All outside storage areas must be screened from view from any public street. The type, density, height, and width of screening to be used must first be approved by the Site Plan Review Coordinator, unless appealed by the Owner to the Plan Commission. The decision of the Plan Commission is final. If any Owner fails to so screen any outside storage on the parcel, the planting, installation, and maintenance of such screening may be undertaken by the City, and any and all reasonable costs thereof shall be charged against the real estate, shall be a lien upon the real estate, and shall be assessed and collected as a special tax. 5. Parking Parking is prohibited on all public streets within the industrial park area. Each Owner is required to provide off-street parking for employees, clients, and visitors in accordance with the zoning regulations. The surface(s) of all parking areas, driveways, and sidewalks for ingress and egress shall be constructed with concrete or asphalt. All parking and storage areas must be graded and drained to collect storm water on the site, and to convey the storm water to a municipal storm sewer, if available. Parking of any automobiles, trucks, or equipment is prohibited in any required setback area which adjoins a public street. Parking is encouraged in the rear yard, but may be permitted in the front or side yard area, if it is screened from view from any public street. When the lot adjoins a secondary public street(s), the Site Plan Review Coordinator may allow parking within the required setback area of that secondary street(s); however, in no case shall the parking be allowed to encroach more than 50% into the required setback area. The type, density, height, and width of screening to be used must first be approved by the Site Plan Review Coordinator. The Owner may appeal the decision of the Site Plan Review Coordinator to the Plan Commission whose decision shall be final. If any Owner fails to so screen such parking, the planting, installation, and maintenance of such screening may be undertaken by the City, and any and all costs thereof shall be charged against the real estate, shall be a lien upon the real estate, and shall be assessed and collected as a special tax. 6. Signs Any and all signs to be placed on the building or premises of the previously-described land are prohibited unless such sign(s) has been reviewed and approved by the Site Plan Review Coordinator and comply with the City's Sign Ordinance. In no case shall an off-premises sign be permitted. However, if any Owner does not agree with the decision of the Site Plan Review Coordinator, the Owner shall have the right to appeal the decision to the Zoning Board of Appeals. The determination of the Zoning Board of Appeals shall be final. The decision on signs shall be based on the design, location, size, and appropriateness to the area of the proposed sign(s). 7. Underground Utility Services All electrical, telephone, and similar utility service(s) to and across the previously-described land shall be placed underground. If any Owner fails to so place the utility service(s), the placement of said service(s) underground may be undertaken by the City, and any and all reasonable costs thereof shall be charged against the real estate, shall be a lien upon the real estate, and shall be assessed and collected as a special tax. 8. Sale or Subdivision of Property The Owner of this property shall not subdivide this property for the purpose of selling, conveying, or leasing any part thereof, without following all of the regulations and procedures of the City of Janesville Subdivision Ordinance. In no case shall the subdivision of this property result in an unimproved vacant lot that is less than three (3.0) acres in size. 9. Number of Buildings Per Lot The Owner of the Property or any subsequent lots comprising the Property shall not construct more than one principal building per lot, unless the Property is developed in accordance with the Planned Unit Development regulations of the City of Janesville Zoning Ordinance. TIF Development Loan Agreement By and Between City of Janesville (“Lender”) And Northwoods Holding, LLC (“Promissor”) PROMISSORY NOTE PurposeNorthwoods : Northwoods Holding, LLC (hereinafter “”) the Lessor of the FACILITY, announced plans to construct a Twenty One Thousand (21,000) square foot FACILITY expansion to the existing manufacturing facility (hereinafter “”) at 4100 Kennedy Road, in the City of Janesville, County of Rock, State of Wisconsin 53545. The City of NorthwoodsUnited Alloy, Inc Janesville has offered financing incentives to in return for ’s commitment to lease this additional manufacturing space of not less than 21,000 sq. ft. located in T.I.F. District No. 25 in the City of Janesville, Wisconsin 53545. The TIF Development Loan CITYNORTHWOODS from the to is being made under the provisions of Wisconsin’s TIF Law (ss 66.1105), as a necessary project element and cost according to the terms, provisions and promises set forth in a certain TIF Development Agreement for Development Project Located in Janesville TIF District No. 25 and Promissory Note by and between City of Janesville "the CITYNORTHWOODSDEVELOPERAGREEMENT " and " the (the "") of even date, the terms, conditions and provisions of which are incorporated herein by reference as if fully set forth verbatim. 1.Loan Amount : $100,000.00 2.Loan Purpose : To finance the cost of constructing a 21,000 s.f. expansion to the facility at 4100 Kennedy Road purchasing as described on the attached TIF Development Agreement. 3.Loan Term : 10 years 4.Interest Rate : 4.00% 5.Annual Debt Service : $12,329.10 (this amount includes the installment principal and interest payment). The annual debt service payment (less any debt service forgiveness as set forth in paragraph 7) is due and payable to the City on each anniversary date of the closing on the TIF Development Loan until the loan is paid in full. 6.Job Creation and Retention CommitmentNOTHWOODS, LLC : As of March 31, 2012, hereby promises and agrees to use its best efforts to retain no less that Eighty-Six(86) full-time FACILITY positions (2,080 hours) at the at 4100 Kennedy Road in the City of Janesville, Wisconsin 53545. In addition a total of Thirty-Two (32) full-time positions will be created UNITED ALLOY, INC. within a three year period beginning on March 1, 2012 and needs to continue to maintain these positions until the TIF loan is paid off. 7.Debt Service Forgiveness: Annually, the City agrees to forgive and/or discharge a portion or all of the TIF Development Loan annual Twelve Thousand, Three Hundred Twenty-Nine and 10/100 Dollars ($12,329.10) debt service payment set forth in Paragraph 5 above according to the following conditions: For the timeframe of March 1, 2012 thru February 28, 2013: A. UNITED ALLOY, INC. If successfully RETAINS Eighty-Six full time positions (86) persons and creates Twenty-Two (22) new full time positions during the above UNITED ALLOY, INC’S, time-frame or a greater number of full-time workers at FACILITY Janesville , the City agrees to and shall forgive, discharge and/or waive NORTHWOODS repayment of that year’s annual debt service payment ($12,329.10 - principal and interest). UNITED ALLOY, INC. e If mploys fewer than One Hundred eight (108) full-time UNITED Alloy’s FACILITYNorthwoods positions at Janesville , then shall pay to CITY the a portion of the annual debt service ($12,329.10 - principal and interest) calculated as follows: One Hundred Eight (108) full time positions committed, less the actual number of positions employed multiplied by (times) $114.16 equals the portion of the annual NORTHWOODS CITY debt service to be paid by to the for that year. UNITED ALLOY (As an example, if has employed Ninety-eight (98) positions, then the debt service calculation would be One Hundred Eight (108) positions committed less Nine-Eight (98) positions created equals ten (10) positions under commitment level, multiplied by (times) $114.16 CITY equals $1,141.58 in debt service to be paid to the , and/or CITY $11,187.51 in debt service to be waived and/or forgiven by the for that year). th For the time frame March 1, 2013 thru February 28, 2014: B. UNITED ALLOY, INC. If successfully employs One Hundred Thirteen (113) persons or a United Alloy’sFACILITY greater number of full-time workers at Janesville , the City Northwood’s agrees to and shall forgive, discharge and/or waive repayment of that year’s annual debt service payment ($12,329.10 - principal and interest). This provision shall remain in full force and effect during the life of the TIF Development Loan at which time, notwithstanding anything herein to the contrary; the entire balance of any principal and CITY interest remaining shall be forgiven, discharged and waived in full by the United Alloy, Inc. e If mploys fewer than One Hundred Thirteen (113) full-time United Alloy’s FACILITYNorthwoods positions at Janesville , then shall pay to CITY the a portion of the annual debt service ($12,329.10 principal and interest) calculated as follows: One Hundred Thirteen (113) full time positions committed, less the actual number of positions employed multiplied by (times) $109.11 equals the portion of the NORTHWOODS CITY annual debt service to be paid by to the for that year. UNITED ALLOY (As an example, if has employed One Hundred Three (103) positions, then the debt service calculation would be One Hundred Thirteen (113) positions committed less ten (10) positions created equals ten (10) positions under commitment level, multiplied by (times) $109.11 CITY equals $1,091.07 in debt service to be paid to the , and/or CITY $11,238.03 in debt service to be waived and/or forgiven by the for that year). For the time frame, March 1, 2014 thru the term of the loan: C. UNITED ALLOY, INC. If successfully employs One Hundred Eighteen (118) United Alloy’s persons or a greater number of full-time workers at Janesville FACILITYNorthwood’s , the City agrees to and shall forgive, discharge and/or waive repayment of that year’s annual debt service payment ($12,329.10 - principal and interest). This provision shall remain in full force and effect during the life of the TIF Development Loan at which time, notwithstanding anything herein to the contrary; the entire balance of any principal and interest remaining shall be forgiven, discharged and CITY waived in full by the United Alloy, Inc. e If mploys fewer than One Hundred Thirteen (118) full-time United Alloy’s FACILITYNorthwoods positions at Janesville , then shall pay to CITY the a portion of the annual debt service ($12,329.10 principal and interest) calculated as follows: One Hundred Thirteen (118) full time positions committed, less the actual number of positions employed multiplied by (times) $104.48 equals the portion of the NORTHWOODS CITY annual debt service to be paid by to the for that year. 8. Loan Closing:PROMISSORY NOTE The TIF Development Loan (this ) shall be NORTHWOODS executed and entered into by and close within thirty (30) days from the CITY UNITED ALLOY issuance of a Final Occupancy Permit to for the planned 21,000 sq. ft. expansion at the FACILITY at 4100 Kennedy Road, Janesville, Wisconsin, or on March 1, 2012, whichever date shall occur later. Timing of Annual Debt Service Payments :Forty-Five (45) days prior to each 9. subsequent annual anniversary date of the closing on the TIF Development Loan (this PROMISSORYNOTEUNITED ALLOY CITY ), shall provide to the a certified statement of monthly employment levels for the previous Twelve (12) months. Thirty (30) days prior to the each subsequent annual anniversary date of the closing on the TIF CITY Development Loan, the shall calculate the amount of annual debt service forgiveness, CITYNORTHWOODS if any, according to Paragraph 5 above, and the shall then send an invoice for the remaining annual debt service payment (if any) that is due. NORTHWOODS agrees to and shall pay any annual debt service (as described and CITY calculated above) due to the within thirty (30) days of its receipt of the annual debt CITY service payment invoice from the . 10.Sale of 4100 Kennedy RoadNORTHWOODS : If, for any reason, elects to sell its FACILITYUNITED ALLOY at 4100 Kennedy Road and moves its business outside the City of Janesville corporate limits, then the entire unpaid and unforgiven principal and PROMISSORY NOTE interest balance of the TIF Development Loan (this ) shall immediately become due and payable. TIF Loan Repayment Schedule - 1 payment per year United Alloy, Inc. 4100 Kennedy Road Loan Amount $ 100,000 Interest Rate 4.00% Term 10.00 Years Constant 0.123291 Year Begin Balance I rate Pmt i Principle Balance 1 $ 100,000.00 4.00% $ 12,329.09 $ 4,000.00 $ 8,329.09 $ 91,670.91 2 $ 91,670.91 4.00% $ 12,329.09 $ 3,666.84 $ 8,662.26 $ 83,008.65 3 $ 83,008.65 4.00% $ 12,329.09 $ 3,320.35 $ 9,008.75 $ 73,999.90 4 $ 73,999.90 4.00% $ 12,329.09 $ 2,960.00 $ 9,369.10 $ 64,630.80 5 $ 64,630.80 4.00% $ 12,329.09 $ 2,585.23 $ 9,743.86 $ 54,886.94 6 $ 54,886.94 4.00% $ 12,329.09 $ 2,195.48 $ 10,133.62 $ 44,753.32 7 $ 44,753.32 4.00% $ 12,329.09 $ 1,790.13 $ 10,538.96 $ 34,214.36 8 $ 34,214.36 4.00% $ 12,329.09 $ 1,368.57 $ 10,960.52 $ 23,253.84 9 $ 23,253.84 4.00% $ 12,329.09 $ 930.15 $ 11,398.94 $ 11,854.90 10 $ 11,854.90 4.00% $ 12,329.09 $ 474.20 $ 11,854.90 $ 0.00 11 $ 0.00 4.00% $ - $ 0.00 $ (0.00) $ 0.00 12 $ 0.00 4.00% $ - $ 0.00 $ (0.00) $ 0.00 13 $ 0.00 4.00% $ - $ 0.00 $ (0.00) $ 0.00 14 $ 0.00 4.00% $ - $ 0.00 $ (0.00) $ 0.00 Community Development Department Memorandum Date: October 24, 2011 TO: Janesville City Council FROM: Gale Price, Building & Development Services Manager SUBJECT: Introduce and schedule a public hearing on a proposed ordinance amending Chapter 15 (Building Code) of the Code of General Ordinances of the City of Janesville to revise the height threshold and fence height requirements for swimming pools and hot tubs to include a security fence around the facility (File Ordinance No. 2011-500). _____________________________________________________________________ At the request of the City Council, the Community Development Department has drafted an amendment to the Building Code which is Chapter 15 of the Code of General Ordinances to modify the height threshold and fence height requirements for swimming pools and hot tubs. At its September 12, 2011 meeting The City Council reviewed a request to modify the ordinances pertaining to fences around pools and hot tubs. Current ordinance requires that any pool (temporary or permanent) having a side wall height of thirty (30”) inches or more to have fence around the facility of at least five (5’) feet in height. In addition a pool permit is required for any pool with a side wall of greater than thirty (30”) inches. As a result of Council direction, staff modified the height when a fence is required from thirty (30”) inches to twenty-four (24”) and reduced the required fence height from five (5’) feet to four (4’) feet. The proposed ordinance includes the above stated modifications. In addition it includes a requirement for above ground pools of four (4’) in height to have a twelve (12”) inch rail around them to keep persons from climbing into the pool from the side. The Community Development Department recommends that following the first reading of Ordinance No. 2011-500, it be referred to the Plan Commission for review and recommendation and scheduled for public hearing on November 14, 2011. City Manager Recommendation: The City Manager recommends a first reading of the Ordinance and scheduling of a th public hearing on November 14. cc: Eric Levitt Jay Winzenz ORDINANCE NO. 2011- 500 An ordinance amending the City’s Building Code to revise the height threshold and fence height requirements for swimming pools and hot tubs to include a security fence around the facility, with penalties for violations thereof as set forth as applicable in JGO 15.02.130. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Section 15.01.280 of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: “15.01.280 SWIMMING POOLS – GENERAL A . Any outdoor swimming pool, hot tub or spa shall be constructed, equipped and maintained in such manner as to meet the requirements of the State Board of Health and the applicable codes of the City of Janesville. B . Every outdoor swimming pool, hot tub and spa with a side wall height of, or capable of a height of, 30 24 inches or more shall be enclosed with a fence or wall, not less than five (5’) four (4’) feet in height and of such design and construction that it cannot be climbed through or over or under. Fencing that is chain link shall be constructed of not less than eleven (11) thirteen (13) gauge corrosion resistant woven wire or other equivalent material and the fence posts shall be decay and corrosion resistant, set in concrete bases. Entrance shall be by means of a suitable gate or door of the same construction and height as the enclosure, which gate or door shall be kept closed and securely locked at all times when adequate supervision is not inside or within the enclosure. These requirements shall apply to outdoor swimming pools whether permanent or temporary. (1) Location – No portion of a pool or equipment, located outside a building shall be located less than eight (8) feet from any side or rear property line, nor less than 30 feet from any property line having street frontage. (2) Excepted from the requirement of a fence enclosure not less than five (5’) feet in height shall be those pools whose side walls and depth of the water therein does not exceed 30 inches in height or depth. (32) Excepted from the requirement of a fence enclosure not less than five (5’) four (4’) feet in height shall be those spas and hot tubs which have a locking cover constructed of sturdy material and in compliance with the ASTM F1346 standard, which cover shall be in place and locked when the hot tub or spa is not in use. (3) Excepted from the requirement of a full fence enclosure are above ground pools with side walls of greater than four feet in height which include a rail of at least twelve (12”) inches above the top of the pool and a secured entry into the pool. A lockable deck with gate or lockable ladder are secured entries. 1 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 Dongarra-Adams Eric J. Levitt, City Manager Liebert McDonald ATTEST: Rashkin Steeber Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Assistant City Attorney Proposed by: Common Council Prepared by: Community Development Department 2