Full Agenda Packet
Revised 1/5/12
CITY OF JANESVILLE
CITY COUNCIL MEETING AGENDA
MONDAY, January 9, 2012
7:00 P.M.
1.Call to Order and Pledge of Allegiance.
2.Roll Call.
3.City Council meeting minutes of
A. Regular meeting of December 12, 2011.
B. Special meeting of December 22, 2011. “C”
4.Licenses; and Recommendations of the Alcohol License Advisory
Committee. (Refer to separate agenda.) “C”
5.Financial statement for the month of November, 2011. “C”
6.Authorization for the Administration to deny a liability claim
from Yeske Construction Company in the amount of $5,081.92. “C”
7.Authorization for the Administration to accept a liability claim
brought on behalf of Colin T. Cabelka in the amount of $25,000. “C”
8.Special recognition: Action on a proposed resolution in commendation of
Douglas L. Miland’s service to the City of Janesville.
(File Res. No. 2012-870)
9.Special recognition: Action on a proposed resolution in commendation of
Daniel L. Lynch’s service to the City of Janesville.
(File Res. No. 2012-871)
10.Special recognition: Action on a proposed resolution in commendation of
Craig A. Jones’ service to the City of Janesville. (File Res. No. 2012-872)
11.Special recognition: Action on a proposed resolution in commendation of
James F. Karow’s service to the City of Janesville.
(File Res. No. 2012-873)
12.Special recognition: Action on a proposed resolution in commendation of
Robert M. Geschke’s service to the City of Janesville.
(File Res. No. 2012-874)
-----------------------
“C” – This designation indicates an item that the City Council will take up
under a Consent Agenda.
City Council Agenda – January 9, 2012
Page 2
OLD BUSINESS
1.Requests and comments from the public regarding items on the Agenda
not requiring a public hearing.
2.Second reading, public hearing and action on a proposed ordinance
amending the City of Janesville zoning ordinance to add an exemption to
the nonconforming use section for single and two-family historic
residential structures. (File Ord. No. 2011-502)
3.Second reading, public hearing and action on a proposed ordinance
amending the City’s solid waste ordinance to increase sanitary landfill
fees. (File Ord. No. 2011-505)
NEW BUSINESS
1.Action on a proposed resolution authorizing the City Manager to enter
into a TIF development agreement with Helgesen Development to
facilitate the relocation of Miniature Precision Components into TIF
District #22. (File Res. No. 2012-879)
2.Presentation on new City website.
3.Action on a proposed resolution authorizing the filing of an application,
in cooperation with the County of Rock, for a U.S. Department of
Housing and Urban Development 2012 Lead-Based Paint Hazard Control
Grant. (File Res. No. 2012-877)
4.Action on a proposed resolution authorizing expenditures for the
conversion to automated collection of trash and recyclables.
(File Res. No. 2012-878)
5.Action on a potential spring primary for City Council on February 21,
2012.
6.Introduce and refer to Plan Commission for a public hearing a proposed
resolution amending the Boundary and Project Plan of TIF District No.
35. (File Res. No. 2012-875)
7.Introduce and schedule a public hearing on a proposed ordinance
annexing property located at 4021 U.S. Highway 51 South.
(File Ord. No. 2012-506)
8.Introduce, refer to Plan Commission, and schedule a public hearing on a
proposed ordinance zoning property located at 4021 U.S. Highway 51
South to M1 upon annexation. (File Ord. No. 2012-507)
City Council Agenda – January 9, 2012
Page 3
NEW BUSINESS
9.Requests and comments from the public on matters which can be
affected by Council action.
10.Matters not on the Agenda.
11.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
DECEMBER 12, 2011
VOL. 62
NO. 27
Regular meeting of the City Council of the City of Janesville held in the Municipal Building on
December 12, 2011. The meeting was called to order by Council President Steeber at 7:00 PM.
Council President Steeber led the Council in the Pledge of Allegiance.
Present: Councilmembers Dongarra-Adams, Liebert, McDonald, Rashkin, Steeber and Voskuil.
CONSENT AGENDA
Special meeting minutes of November 11, 2011.
Special meeting minutes of November 14, 2011.
Regular meeting minutes of November 28, 2011.
Special meeting minutes of December 5, 2011.
Licenses; and Recommendations of the Alcohol License Advisory Committee
Appointment of Election Officials for 2012-2013.
Council President Steeber stated that all items on the consent agenda would be approved if
there were no objections. There were none.
OLD BUSINESS
1. Requests and comments from the public regarding items on the Agenda not requiring a public
hearing. Andreah Briarmoon, 339 S. Locust St., spoke against the purchase of farmland (NB #6).
2. A proposed ordinance establishing a vehicle registration fee (wheel tax) in the amount of
$10.00 per vehicle received its second reading and public hearing. Andreah Briarmoon, 339 S.
Locust St., spoke against the ordinance. The public hearing was closed. Councilmember
McDonald moved to adopt said ordinance, seconded by Councilmember Liebert and passed by the
following vote: Aye: Dongarra-Adams, Liebert, McDonald, Steeber and Voskuil. Nay: Rashkin.
(File Ord. No. 2011-503)
3. Action on a proposed resolution establishing the relocation order for the right-of-way of the E.
Milwaukee St./Wuthering Hills Dr. intersection improvement project. Councilmember Liebert
moved to adopt said resolution, seconded by Councilmember Voskuil and failed by the following
vote: Aye: Liebert, Steeber and Voskuil. Nay: Dongarra-Adams, McDonald and Rashkin.
Councilmember McDonald made a motion to do nothing at the intersection of E. Milwaukee St. and
Wuthering Hills Dr., seconded by Councilmember Rashkin and failed by the following vote: Aye:
Dongarra-Adams, McDonald and Rashkin. Nay: Liebert, Steeber, Voskuil. (File Res. No. 2011-
851)
NEW BUSINESS
1. City Manager’s Report - Snow Removal Operations. John Whitcomb, Operations Manager,
presented the goals and objectives of the City of Janesville snow removal program. No Council
action taken.
2. Action on a proposed resolution authorizing the submittal of an amendment to the Lead Hazard
Reduction Demonstration Grant Program contract between the State of Wisconsin Department of
Health Services and the City of Janesville. Councilmember McDonald moved to adopt said
resolution, seconded by Councilmember Voskuil and passed unanimiously. (File Res. No. 2011-
866)
3. Action on a proposed resolution authorizing the City Manager to proceed with the sale of
property located at 414 N. Washington St. through the Neighborhood Stabilization Program.
Councilmember Liebert moved to adopt said resolution, seconded by Councilmember Voskuil and
passed unanimously. (File Res. No. 2011-861)
4. Authorization for the City Manager to renew a lease of city-owned land at 700 S. Jackson St. for
two years with Cindy Pelton, owner of 708 Club. Councilmember McDonald moved to renew said
lease, seconded by Councilmember Voskuil and passed unanimously.
5. Action on a proposed resolution authorizing the City Manager to enter into an intergovernmental
agreement with the City of Beloit to provide commercial plumbing inspection services to the City.
Councilmember McDonald moved to approve said agreement, seconded by Councilmember
Voskuil and passed unanimously. (File Res. No. 2011-868)
6. Action on a proposed resolution authorizing the City Manager to exercise a “purchase option” to
purchase an 84 acre site for an industrial prospect located at 4021 U.S. Hwy. 51 South, Rock
Township. Councilmember Rashkin moved to adopt said resolution, seconded by Councilmember
Steeber. Councilmember Voskuil offered a friendly amendment to make the purchase contingent
upon an approved developer’s agreement which was accepted by the maker and the seconder.
The motion, as amended passed by the following vote: Aye: Dongarra-Adams, Liebert, Rashkin,
Steeber and Voskuil. Nay: McDonald. (File Res. No. 2011-865)
7. Appointment to the Board of Directors of Community Action of Rock and Walworth Counties.
Councilmember McDonald moved to appoint Councilmember Liebert to the Board of Directors of
Community Action of Rock and Walworth Counties, seconded by Councilmember Voskuil and
passed unanimously with Councilmember Liebert abstaining.
8. Action on a proposed resolution authorizing the City Manager to extend an existing landfill
disposal contract with Green County through 2013. Councilmember Liebert moved to adopt said
resolution, seconded by Councilmember Voskuil and passed by the following vote: Aye: Dongarra-
Adams, Liebert, Rashkin, Steeber and Voskuil. Nay: McDonald. (File Res. No. 2011-869)
9. Authorization to purchase equipment for ice center renovation. Councilmember McDonald
moved to proceed with the purchase of conventional geothermal ice making equipment, seconded
by Councilmember Rashkin and passed unanimously.
10. Discussion and possible action on a proposed red flag program. Councilmember McDonald
moved to authorize staff to implement a pilot program and work with a volunteer group to monitor
the program, seconded by Councilmember Voskuil and passed unanimously.
11. A proposed ordinance amending the City’s solid waste ordinance to increase sanitary landfill
fees was introduced and scheduled for a public hearing on January 9, 2012. (File Ord. No. 2011-
505)
12. A proposed ordinance amending the zoning conditions of approval for property located the
southwest corner of Jerome Avenue and Delavan Drive was introduced, referred to the Plan
Commission and scheduled for a public hearing on January 23, 2012. (File Ord. No. 2011-504)
13. Requests and comments from the public on matters which can be affected by Council action.
Andreah Briarmoon, 339 S. Locust St., spoke against the Council submitting the application for a
lead hazard grant (NB#2) and the TIF funding of projects.
14. Matters not on the Agenda. Councilmember Voskuil requested that staff display the actual City
website when referencing that information during the Council meetings. Council President Steeber
scheduled a special meeting on Thursday, 12/22/11 at 7:45 am and Council waived notice.
Council Liebert requested staff look at the intersection of Crosby and Court Streets as a potential
crosswalk site. Councilmember Steeber stated that he canceled the Council meeting on December
26, 2011and wished everyone a safe and happy holiday. He also requested that the informal
listening sessions start at 6:30 pm and by consensus, the Council agreed.
15. Motion to adjourn. Councilmember Steeber moved to adjourn, seconded by Councilmember
McDonald and passed unanimously.
There being no further business, the Council adjourned at 10:00 pm. These minutes are not official
until approved by the City Council.
David T. Godek
Deputy Clerk-Treasurer
PROCEEDINGS OF THE CITY COUNCIL
CITY OF JANESVILLE, WISCONSIN
SPECIAL MEETING
DECEMBER 22, 2011
VOL. 62
NO. 28
Special meeting of the City Council of the City of Janesville held in the Municipal Building on
December 22, 2011. The meeting was called to order by Council President Steeber at 7:45 AM.
Council President Steeber led the Council in the Pledge of Allegiance.
Present: Councilmembers Dongarra-Adams, Liebert, McDonald, Steeber and Voskuil. Absent:
Councilmember Rashkin.
NEW BUSINESS
3. Councilmember Voskuil moved to convene into closed session, pursuant to Wis. Stats.
19.85(1)(e) for the purposes of considering and establishing the negotiation and/or bargaining
parameters, terms, and conditions for a proposed TIF District No. 35 Development Agreement with
Shine Technologies Inc., seconded by Councilmember Dongarra-Adams and passed unanimously
4. The Council convened into closed session at 7:47 AM. Councilmember Rashkin arrived.
5. The Council reconvened into open session at 9:07 AM.
6. Councilmember Rashkin moved to reconsider File Resolution No. 2011-865 authorizing the
City Manager to exercise the option to purchase 84 acres located at 4021 U.S. Hwy 51 South,
Rock Township with the closing date being in late February. The motion was seconded by
Councilmember Voskuil and passed unanimously.
Council President allowed for public comment. Andrea Briarmoon, 339 S. Locust St. spoke
against the purchase of the land. Public comments were closed.
7. Consideration, deliberation, and action upon re-opened Council File Resolution No. 2011-
865, authorizing the City Administration to exercise a certain Option to purchase approximately
85 acres of vacant land from owner Arthur T. Donaldson for an industrial redevelopment project
located at 4021 U.S. Highway 51 South, Rock Township. Councilmember Rashkin moved to
adopt said resolution, seconded by Councilmember Voskuil. Councilmember McDonald offered
a friendly amendment to change the resolution to say that the land is not vacant but farm land
which was accepted by the maker. Councilmember Voskuil offered a friendly amendment that
the wording be that the land is vacant land with a farm use which was accepted by the maker.
The motion, as amended, passed by the following vote: Aye: Dongarra-Adams, Liebert,
Rashkin, Steeber and Voskuil. Nay: McDonald.
8. Matters not on the agenda. Councilmember McDonald wished everyone Merry Christmas
and Happy Holidays.
9. Councilmember Voskuil moved to adjourn, seconded by Councilmember McDonald and
passed unanimously.
There being no further business, the Council adjourned at 9:24 AM. These minutes are not official
until approved by the City Council.
David T. Godek
Deputy Clerk-Treasurer
JANESVILLE CITY COUNCIL
LICENSE AGENDA
1/9/2012
RECOMMENDED
A. ELECTRICIANS–ORIGINAL
Russell J. Ceschi 333 N. Main, Walworth, WI
Scott A. Greenwald 75 Bruce St., Darien, WI
Edmund Scanlon 304 Lakewood Terr., Marshall, WI
B. SIGN INSTALLERS-ORIGINAL
Innovative Signs, Inc. 21795 Ddoral Rd., Waukesha, WI
Olson Signs 601 Gardner St., S. Beloit, WI
C. SECONDHAND ARTICLE DEALER–ORIGINAL
Hatfield Guitar & Repair 3503 Mt. Zion Ave.
ACCOUNTING DIVISION MEMORANDUM
December 29, 2011
TO: City Council
FROM: Patty Lynch, Comptroller
SUBJECT: Financial Statement for the Month of November 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 November ExpendituresCompared to Three-Year Average
Current YTD
3 Yr. Avg.
100%
90%
Percent of Total Budget
80%
70%
60%
50%
40%
30%
20%
10%
0%
Water -Wastewater -
General OperatingOperatingSanitation
Fund
November 2011 Financial Statements
December 29, 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 November RevenuesCompared to Three-Year Average
Current YTD
3 Yr. Avg.
120%
Percent of Total Budget
100%
80%
60%
40%
20%
0%
General WaterWastewaterSanitation
Fund
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 $1,282,058 at October 31,
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 $583,874 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 ($38,520) will be reimbursed by an insurance
policy we have in place for post closure care.
Capital Projects Fund (page 6)
The City incurred expenditures in conjunction with road projects on Highway 11 from
November 2011 Financial Statements
December 29, 2011 Page 3
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 January 9, 2012 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
CITY ATTORNEY’S OFFICE MEMORANDUM
December 21, 2011
TO: City Council
FROM: Tim Wellnitz, Assistant City Attorney
SUBJECT: Authorization for the Administration to Deny a Liability Claim from
Yeske Construction Company in the Amount of $5,081.92.
On July 11, 2011, a Yeske Construction Company vehicle was involved in a
motor vehicle accident with a City of Janesville truck at the intersection of N.
Jackson Street and Centerway in Janesville, Wisconsin.
On September 15, 2011, a claim was received from United Fire Group for their
insured, Yeske Construction for property damage in the amount of $5,081.92.
After investigating this incident, and with the concurrence of the City’s Insurance
Claims Representative at Cities & Villages Mutual Insurance Company (CVMIC),
it has been determined that the City should deny this claim.
Resolution 89-1175, establishing our claims administration procedure, states in
section 4.3a:
The City Claims Administrator shall review, investigate, verify and
within ninety (90) days of receiving such claim, prepare and forward
a written recommendation to the Common Council for its review,
consideration, and action each and every claim in face amount
greater than Five Thousand Dollars ($5,000).
I recommend that the City Council deny by consent and authorize the
Administration to deny the claim received from Yeske Construction Company in
the amount of $5,081.92.
cc: Eric Levitt, City Manager
Jacob J. Winzenz, Director of Administrative Services/Assistant City Manager
ADMINISTRATIVE SERVICES MEMORANDUM
December 8, 2011
TO: City Council
FROM: Tim Wellnitz, Assistant City Attorney
SUBJECT: Authorization for the Administration to Accept a Liability Claim
brought on behalf of Colin T. Cabelka in the amount of $25,000.
On May 4, 2010, an accident occurred between a bicycle ridden by Colin T.
Cabelka and a City of Janesville garbage truck resulting in personal injuries to
Mr. Cabelka.
On October 25, 2011, a demand was received from Habush Habush & Rottier
S.C. for the personal injuries received by Colin T. Cabelka in the amount of
$53,000.00, which was denied at the November 14, 2011 Council meeting. I
have since negotiated settlement of this claim contingent on Common Council
approval in the amount of $25,000.00.
After investigating this incident, and with the concurrence of the City’s Insurance
Claims Representative at Cities & Villages Mutual Insurance Company (CVMIC),
it has been determined that the City should accept this claim.
Resolution 89-1175, establishing our claims administration procedure, states in
section 4.3a:
The City Claims Administrator shall review, investigate, verify and
within ninety (90) days of receiving such claim, prepare and forward
a written recommendation to the Common Council for its review,
consideration, and action each and every claim in face amount
greater than Five Thousand Dollars ($5,000).
I recommend that the City Council approve by consent and authorize the
Administration to accept the claim received on behalf of Colin T. Cabelka in the
amount of $25,000.00.
cc: Eric Levitt, City Manager
Jacob J. Winzenz, Director of Administrative Services/Assistant City Manager
HUMAN RESOURCES DIVISION MEMORANDUM
January 3, 2012
TO: City Council
FROM: Susan Musick, Human Resources Director
SUBJECT: Retirement Recognition Douglas L. Miland, Daniel L. Lynch,
Craig A. Jones, James F. Karow, and Robert M. Geschke
Executive Summary
At the City Council meeting of January 9, 2012, the following retirement
commendations will be considered under the consent agenda:
1. Douglas L. Miland for thirty-two years of service with the City of Janesville
(File Resolution Number 2012-870).
Douglas will be attending the January 9, 2012, Council meeting.
Douglas began working for the City of Janesville on October 15, 1979,
as a Firefighter/Paramedic with the Janesville Fire Department. He
was promoted to Fire Lieutenant on April 4, 2009.
Douglas’s retirement date was December 22, 2011.
2. Daniel L. Lynch for twenty-eight years of service with the City of Janesville
(File Resolution Number 2012-871).
Daniel will be attending the January 9, 2012, Council meeting.
Daniel began working for the City of Janesville on January 17, 1983,
as a Utility Engineer in the Public Utility Administrative Department. He
was promoted to the position of Utility Director on January 29, 1990.
Daniel’s retirement date was December 31, 2011.
3. Craig A. Jones for thirty-one years of service with the City of Janesville.
(File Resolution Number 2012-872).
Craig will be attending the January 9, 2012, Council meeting.
Craig began working for the City of Janesville on May 5, 1980, as a
Firefighter/Paramedic in the Janesville Fire Department. Craig was
1
promoted to Fire Lieutenant on January 8, 2000, and Shift Commander
on May 7, 2005.
Craig’s retirement date was December 19, 2011.
4. James F. Karow for twenty-five years of service with the City of Janesville.
(File Resolution Number 2012-873).
James will be attending the January 9, 2012, Council meeting.
James began working for the City of Janesville on November 17, 1986,
as a Plumbing Inspector in the Code Enforcement Department.
James’ retirement date was December 23, 2011.
5. Robert M. Geschke for thirty-two years of service with the City of
Janesville. (File Resolution Number 2012-874).
Robert will be attending the January 9, 2012, Council meeting.
Robert began working for the City of Janesville on October 15, 1979,
as a Firefighter/Paramedic in the Janesville Fire Department. Robert
was promoted to Fire Lieutenant on January 8, 2000.
Robert’s retirement date was December 29, 2011.
Recommendation
Staff recommends adoption of File Resolution 2012-870, 2012-871, 2012-872,
2012-873, and 2012-874
2
RESOLUTION NO. 2012-870
Whereas,
Douglas L. Miland 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 a Lieutenant with the City of Janesville Fire Department; and
Whereas,
Douglas L. Miland has trained and certified numerous fire
department apparatus operators and is known and respected for his expertise and
meticulous care of fire equipment and facilities; and
Whereas,
during Douglas L. Miland’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 Douglas L. Miland for
his thirty-two years of loyal public service.
th
Dated this 9 day of January, 2012.
Motion by:
ADOPTED:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Dongarra-Adams
Eric J. Levitt, City Manager
Liebert
McDonald
ATTEST:
Rashkin
Steeber
Jean Ann Wulf, City Clerk-Treasurer
Voskuil
APPROVED AS TO FORM:
Assistant City Attorney
Proposed by: Human Resources
Prepared by: Human Resources
RESOLUTION NO. 2012-871
Whereas,
Daniel L. Lynch is retiring from City of Janesville employment
after having diligently served the people of the City of Janesville and the community for
twenty-eight years; retiring as Utility Director with the City of Janesville Water and
Wastewater Utilities; and
Whereas,
during Daniel L. Lynch’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,
during Dan’s employment the City’s water supply and
distribution and sanitary sewage collection and treatment infrastructure have been
significantly expanded and improved; and
Whereas,
Dan has been recognized by his peers for his service to his
profession; 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 Daniel L. Lynch for his
twenty-eight years of loyal public service.
th
Dated this 9 day of January, 2012.
Motion by:
ADOPTED:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Dongarra-Adams
Eric J. Levitt, City Manager
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
RESOLUTION NO. 2012-872
Whereas,
Craig A. Jones is retiring from City of Janesville employment
after having diligently served the people of the City of Janesville and the community for
thirty-one years; retiring as a Shift Commander with the City of Janesville Fire
Department; and
Whereas,
during Craig A. Jones’s employment with the City of Janesville,
he also served as a Firefighter, Driver-Operator, Paramedic, Lieutenant, Rescue-Diver,
and Department Safety Officer; and
Whereas,
Commander Jones has endeavored to improve the level of
training and service delivered by the Fire Department, having developed and delivered
educational programs in numerous areas including Paramedic and Emergency Medical
Technician, Firefighter Recruit training, Incident Management, and communications;
and
Whereas,
during Craig A. Jones’s employment with the City of Janesville,
he received numerous commendations, including Paramedic of the Year; providing
exemplary professional service and demonstrating conscientious devotion and passion
for the occupation that he chose as his profession; 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 Craig A. Jones for his
thirty-one years of loyal public service.
th
Dated this 9 day of January, 2012.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Eric J. Levitt, City Manager
Dongarra-Adams
ATTEST:
Liebert
McDonald
Jean Ann Wulf, City Clerk-Treasurer
Rashkin
Steeber
APPROVED AS TO FORM:
Voskuil
Assistant City Attorney
Proposed by: Human Resources
Prepared by: Human Resources
RESOLUTION NO. 2012-873
Whereas,
James F. Karow is retiring from City of Janesville employment
after having diligently served the people of the City of Janesville and the community for
twenty-five years; retiring as a Plumbing Inspector with the City of Janesville Building
Services Division; and
Whereas,
Jim began his employment with the City of Janesville in 1986
and had previously worked as a licensed plumber in the private sector; and
Whereas,
in addition to his duties as Plumbing Inspector Jim also
conducted heating, ventilation and air conditioning inspections; and
Whereas,
Jim was responsible for inspections in thousands of residential
and commercial buildings over his tenure, ensuring safe and code-compliant
workmanship; and
Whereas,
during James F. Karow’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 James F. Karow for
his twenty-five years of loyal public service.
th
Dated this 9 day of January, 2012.
Motion by:
ADOPTED:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Dongarra-Adams
Eric J. Levitt, City Manager
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
RESOLUTION NO. 2012-874
Whereas,
Robert M. Geschke 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 a Lieutenant with the City of Janesville Fire
Department; and
Whereas,
throughout his career, Robert M. Geschke sought to further his
level of proficiency by attending numerous training opportunities, readily sharing his
expertise as an instructor for the betterment of the department; and
Whereas,
Robert M. Geschke effectively and efficiently operated the
department breathing apparatus maintenance program; and
Whereas,
during Robert M. Geschke’s employment with the City of
Janesville, he received numerous commendations, including Firefighter of the Year;
providing exemplary professional service and demonstrating dedication, determination,
and passion toward his profession; 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 Robert M. Geschke
for his thirty-two years of loyal public service.
th
Dated this 9 day of January, 2012.
Motion by:
ADOPTED:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Dongarra-Adams
Eric J. Levitt, City Manager
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
Community Development Department Memorandum
Date: January 9, 2011
TO: Janesville City Council
FROM: Brad Schmidt, AICP, Associate Planner
SUBJECT: Second reading, public hearing, and action on a proposed ordinance
amending the City of Janesville Zoning Ordinance to add an exemption to
the nonconforming use section for single and two-family historic residential
structures (File Ordinance No. 2011-502).
SUMMARY
The Community Development Department has prepared attached Ordinance No. 2011-
502 which amends Section 18.32.050 of the City’s Zoning Ordinance – Nonconforming
Structures and Uses. Currently, if the use of a building classified as nonconforming is
abandoned or discontinued for a period of twelve consecutive months, it may not be
renewed and any subsequent use of the building must conform to the regulations of the
zone district in which the property is located. The intent of this code is to bring
nonconforming land uses into conformance with district regulations when that use is
discontinued. The proposed amendment will add an exemption to the nonconforming
section of the code to allow re-occupancy of historic structures for single and two-family
dwelling purposes if the use has been discontinued. The ordinance would only affect
structures located within an Historic Overlay District or those buildings individually listed
on the National Register of Historic Places.
DEPARTMENT RECOMMENDATION
The Community Development Department and the Plan Commission recommend that
following a public hearing, the City Council support a motion to adopt Ordinance No.
2011-502 amending Section 18.32.050 of the City’s Zoning Ordinance – Nonconforming
Structures and Uses.
CITY MANAGER RECOMMENDATION
The City Manager recommends approval.
SUGGESTED MOTION
A motion to adopt Ordinance No. 2011-502 amending Section 18.32.050 of the City’s
Zoning Ordinance – Nonconforming Structures and Uses.
ANALYSIS
A. The basic purpose of the nonconforming section of the Zoning Ordinance is to
recognize that certain land uses are legally permitted to remain (i.e. grandfathered)
even though they may no longer comply with the standards of a particular zone
district. Properties classified as nonconforming are typically created at the time a
new zoning ordinance is adopted, or rezoning of property remaps the district in
which the site is located. Nonconforming properties generally fall into two
classifications; nonconforming uses and properties that do not meet the dimensional
requirements of the underlying zone district, such as insufficient setbacks, parking
availability, greenspace or lot size. This proposed amendment does not impact
properties considered nonconforming due to dimensional inadequacies.
B. The City of Janesville has an impressively high concentration of historic buildings
within the City, many of which are located in or near the Downtown. A majority of
these buildings include residential structures that have been continuously used for
residential purposes since original construction and most are located in residential
zone districts. Others have been converted to an alternative use or included within a
non-residential zone district. In instances where a residential use is maintained but
the zoning has changed, the property is recognized as legally nonconforming.
However, once the residential use is discontinued for a period of twelve consecutive
months, it cannot be renewed unless brought into compliance with existing zoning
on the property. For certain historic buildings, it is very difficult, if not impractical, to
convert the residential structure to an appropriate alternative use. This leaves few
options available for reuse of the building beyond a rezoning of the property and
rezoning is not always feasible since those actions are required to be consistent with
the City’s Comprehensive Plan.
C. In an effort to promote the preservation of historic structures which are
predominantly residential in character, staff has prepared an amendment that would
allow for re-occupancy of nonconforming structures that are individually listed on the
National Register of Historic Places or located within an Historic Overlay District.
This would be accomplished by amending the “Discontinuance” section of the
Zoning Ordinance that applies to nonconforming buildings to create an exemption
provision. That provision, as drafted, allows for re-occupancy of historic structures
for single and two-family residential dwelling purposes only.
D. This amendment will allow historic residential structures to be used for residential
purposes even if the property has lost its legal nonconforming status because
residential use was discontinued for a period of twelve consecutive months. As a
result, the amendment provides more flexibility in the reuse of historic residential
structures. There are currently 23 properties individually listed on the National
Register of Historic Places and the Court House Hill Overlay District includes
approximately 346 properties. The City owns a single-family residential structure
located at 2739 Beloit Avenue. This property, referred to as the Hugunin House, is
on the National Register of Historic Places. The structure is located on land zoned
M1, Light Industrial District and the structure has been vacant for over 12
consecutive months. The Zoning Ordinance currently prohibits the re-establishment
of a residential use of the property since that activity is prohibited in the M1 Zone
District and the property has lost its legal nonconforming use status. The proposed
amendment if approved would allow the Hugunin House to be utilized for single-
family dwelling purposes once again.
E. This amendment furthers the City’s goals of preserving historic structures which is
consistent with the City’s Comprehensive Plan. Additionally, the Comprehensive
Plan identifies historic structures as important for maintaining Janesville’s culture
and history and improving its quality of life attributes.
PLAN COMMISSION ACTION – 19 DECEMBER 2011
Brad Schmidt, Associate Planner, presented the written staff report.
Commissioner Voskuil asked who was requesting this text amendment and how many
properties would it affect. Cherek responded that the Administration is requesting the text
amendment and that the ordinance was written to pertain only to structures individually listed on
the National Register, or within the Courthouse Hill Overlay District, which includes
approximately 300 structures in total. Cherek added, however, that the scope of application is
fairly limited because a majority of those properties are zoned residential or office where single
or two-family uses are already permitted. Cherek said that the amendment is consistent with
the Comprehensive Plan and will allow some ability for continued residential use of those
buildings as they were originally designed and utilized.
The public hearing was closed.
Commissioner Madere asked if the text amendment applies only to the discontinuance of
nonconforming uses section of the ordinance and Cherek stated that it did. Commissioner
Madere asked if the building at 2739 Beloit Avenue (which could benefit from this ordinance
amendment) could be moved to a different location and Cherek stated that because of the size,
age and structural condition of the building, it would be impractical and unfeasible.
There was a motion by Commissioner Consigny with a second by Commissioner Madere to
forward the proposed zoning ordinance text amendment to the City Council with a favorable
recommendation.
Commissioner Consigny commented that he felt the house at 2739 Beloit Avenue represents
the difference between a truly historic piece of property and a property that is old. He further
stated that when a historic property such as this is converted from residential to commercial,
conversion back to a residence should be supported.
The motion carried on a 6-0-0 vote.
FISCAL IMPACT
The proposed zoning text amendment would allow historic residential structures to be
re-established for single and two-family residential occupancy under the Nonconforming
Use section of the Zoning Ordinance. This provision would impact only those properties
located within an Historic Overlay District or buildings which are individually listed on the
National Register of Historic Places. Because of its limited application, the fiscal impact
associated with this amendment is expected to be very nominal; however, it would
provide those historic properties eligible under the ordinance with greater flexibility in
reuse in a manner consistent with the original building design and traditional occupancy.
Accordingly, Staff believes this may encourage reinvestment and on-going historic
preservation of those properties.
cc: Duane Cherek
ORDINANCE NO. 2011-502
An ordinance amending the City’s Zoning Ordinance with regard to the nonconforming
discontinuance section by adding an exemption to this section for historic single and two-family
residential structures of JGO Chapter 18, with penalties for violations thereof as set forth as
applicable in JGO 18.28.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I.
Section 18.32.050 of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
18.32.050 NONCONFORMING BUIDLINGS, STRUCTURES AND USES.
E. Discontinuance.
If the nonconforming use of a building, structure, or premises is
discontinued for a continuous period of twelve months, it shall not be renewed and any
subsequent use of the building, structure, or premises shall conform to the regulations
of the district in which such building, structure, or premises is located. Exempt from this
section are single and two-family residential structures used for residential purposes
which are individually listed on the National Register of Historic Places or single and
two-family residential structures used for residential purposes within a Historic Overlay
District.
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 Absent
Pass
McDonald
Dongarra-Adams
Eric J. Levitt, City Manager
Rashkin
Steeber
ATTEST:
Liebert
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
____________________________
Wald Klimczyk, City Attorney
Proposed by: Community Development
Department
Prepared by: Community Development
Department
DEPARTMENT OF PUBLIC WORKS MEMORANDUM
December 27, 2011
TO: City Council
FROM: John Whitcomb, Operations Director
SUBJECT: Second Reading, Public Hearing, and Action On a Proposed Ordinance
Amending the City’s Solid Waste Ordinance to Increase Sanitary Landfill
Fees (File Ordinance 2011-505)
Summary
File Ordinance 2011-505 amends Janesville General Ordinance 8.64 (Solid Waste and
Recycling). Specifically, the proposed Ordinance increases the tipping fee at the
Sanitary Landfill, from the current rate of $33.00 per ton to $35.00 per ton, effective
January 10, 2012. Per vehicle disposal rates are increased proportionally. The
increase is consistent with City Council direction during their review of the 2012
Sanitation Fund budget.
Staff Recommendation
Staff recommends the City Council adopt the proposed Ordinance increasing sanitary
landfill fees from $33.00 per ton to $35.00 per ton, including proportional increases in
per vehicle disposal rates.
Recommended Motion
Move to adopt File Ordinance 2011-505, increasing landfill tipping fees from $33.00 per
ton to $35.00 per tons, and increasing per vehicle disposal rates proportionally.
City Manager Recommendation
The City Manager recommends approval.
Background
Based upon projected costs and the tons of waste expected to be disposed at the City’s
sanitary landfill in 2012, the 2012 Proposed Sanitation Fund budget included an
increase in landfill tipping fees of $1.00 per ton in 2012 – from $33.00 per ton to $34.00
per ton. The proposed fee would be sufficient to ensure costs associated with the
landfill are fully recovered, and was calculated utilizing historical methods.
During discussion of the 2012 Proposed Budget, the City Council directed the tipping
fee be increased by an additional $1.00 per ton above the budgetary proposal – up to
$35.00 per ton. This was done to reduce the amount of Sanitation Fund balance that is
projected to be drawn down in 2012. The fund balance drawdown is related to
expenditures in excess of revenue in both the solid waste collection and recycling
programs.
ORDINANCE NO. 2011-505
An ordinance amending Chapter 8.64 Solid Waste and Recycling Subsection II,
Section 8.64.150, Fee Schedule.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS:
SECTION I.
Sections 8.64.150(A), and (B) of the Code of General Ordinances of the
City of Janesville are hereby amended to read as follows:
8.64.150 FEE SCHEDULE
A.
For all materials hauled to the Sanitary Landfill in vehicles other than City
of Janesville owned vehicles, excluding special wastes and wastes used as daily cover,
the fee charged shall be the greater of:
Thirty five dollars and
Thirty three dollars and 00/100 cents ($33.00)
00/100 cents ($35.00)
per ton, or
B.
The following applicable minimum fee regardless of the actual weight
deposited:
four
1. Passenger cars, three dollars and seventy five cents ($3.75)
dollars and 00/100 cents ($4.00);
2. Station wagons, mini-vans and sport utility vehicles, five dollars and
five dollars and twenty five cents ($5.25);
00/100 cents ($5.00)
3. Vans, mid-size pickup trucks and trailers with a capacity of two cubic
eight dollars and fifty cents
yards or less, eight dollars and 00/100 cents ($8.00)
($8.50);
4. Full size pickup trucks and trailers with a capacity of more than two
twelve dollars and 00/100
cubic yards, eleven dollars and twenty five cents ($11.25)
cents ($12.00);
5. All other vehicles and trailers, including those which have been
modified to increase capacity beyond standard capacity, thirty three dollars and 00/100
thirty five dollars and 00/100 ($35.00).
cents ($33.00)
SECTION II. This ordinance and its fees shall take effect at 12:00 o’clock
a.m. on January 10, 2012, the public interest, welfare, benefit and good so
requiring, and the Common Council so finding.
1
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
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: Operations Division
Prepared by: Operations Division
2
Economic Development Department Memorandum
January 9, 2012
TO: City Council
FROM: Vic Grassman, Economic Development Director
SUBJECT: Authorization for the City Manager to Enter into a TIF Development
Agreement with Helgesen Development to Facilitate the Relocation
of Miniature Precision Components into TIF District #22
Executive Summary
Miniature Precision Components (MPC), located at 820 Wisconsin St., Walworth,
WI has tentatively signed a ten year lease with Helgesen Development for
250,000 sq. ft. at 2929 Venture Dr., Janesville. This lease is contingent upon
City and state incentives. MPC intends to create 90 new jobs within three years
and would like to begin production by March 31, 2012. (Job estimates include 46
new jobs in Year 1, 27 in Year 2 and 17 in year 3) Manufacturing salaries range
from $12.57 - $17.30 /hr. plus benefits. Capital investment at the above facility
is estimated at $2.3 million over the three year period.
MPC (www.mpc-inc.com) with headquarters in Walworth, WI, is a manufacturer
of thermoplastic components and is a Tier 1 supplier to the auto industry. The
company currently has several Wisconsin operations (Richland Center, Prairie du
Chien and Delavan) as well as Southfield, MI, Nogales, AZ and Santa Ana,
Sonora Mexico. The company has over 1,400 employees with 1,000 in
Wisconsin.
Recommended Motion
I move to authorize the City Manager to enter into a TIF Development Agreement
consisting of a forgivable loan equal to $1 per square foot leased with Helgesen
Development to facilitate the relocation of Miniature precision Components into
TIF District #22.
City Manager’s Recommendation:
The City Manager recommends approval.
Economic Director’s Recommendation
I recommend that a forgivable TIF loan of $250,000 be offered to this company.
The offer would be structured so that the loan would go to Helgesen
Development which would guarantee the jobs. MPC would then reimburse
Helgesen Development for any loan payments due because of missed
employment objectives. A lien would be placed on the building as potential
collateral. This is based on the following:
This recommendation is consistent with the Council’s TIF guidelines of
$1.00 per square foot leased.
These will be new jobs with salaries and benefits that are consistent with
other manufacturers in Janesville.
This will create a positive economic development event for Janesville as
well as a media opportunity.
The lease is contingent upon City and state incentives. An application has
already been sent to the WI Economic Development Corp. and as of
12/21/2011, a preliminary award of $345,000 in tax credits and a low
interest loan has been offered.
Analysis
These funds would be taken out of TIF 22. Including this forgivable TIF loan, TIF
22 is projected to break-even in Year 17 (2015) and by its final year (2023) it is
expected to have a positive balance of $3.8 million.
cc: Eric Levitt
Jacob Winzenz
Duane Cherek
Resolution 2012-879
A Resolution Approving a TIF 22 Development Loan Agreement and Promissory Note With
Miniature Precision Components for $250,000
WHEREAS, the Common Council of the City of Janesville created Tax Incremental Finance District No.
22 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 22 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, Miniature Precision Components (MPC) is a thermoplastic manufacturer and Tier 1 supplier
to the auto industry, conducting its principal business at 820 Wisconsin St., City of Walworth, County of
Walworth, State of Wisconsin, currently employing over 1,400 persons with 1,000 in Wisconsin, and has
tentatively signed a ten (10) year lease with Helgesen Development for 250,000 sq. ft. at 2929 Venture
Dr., Janesville (“Facility’), contingent upon City and state incentives. MPC intends to create 90 new jobs
within three years and would like to begin production by March 31, 2012. Job estimates include 46 new
jobs in Year 1, 27 in Year 2 and 17 in year 3. Manufacturing salaries range from $12.57 - $17.30 /hr.
plus benefits. Capital investment at the above facility is estimated at $2.3 million over the three year
period; and
WHEREAS, MPC and Helgesen jointly and severally promise to upgrade, renovate, and operate the
Facility, create and maintain new employment at MPC’sJanesville Facility, and otherwise benefit and add
value to the City, TIF District, and the City’s tax base; and
WHEREAS, MPC has requested forgivable TIF 22 loan in the amount of Two Hundred Fifty Thousand
and 00/100 Dollars ($250,000), upon the terms, in the manner, and otherwise in consideration of a
standard Janesville TIF economic development forgivable loan, such that the City’s offer would be
structured so that the loan would go to Helgesen Development which would guarantee the jobs. MPC
would then reimburse Helgesen Development for any loan payments due because of missed
employment objectives. A lien would be placed on the building as potential collateral. The remaining
terms and provisions of the loan would be the City’s standard loan provisions, which are reiterated and
incorporated herein by reference as if fully set forth verbatim; and
WHEREAS, TIF 22 is projected to break-even in Year 17 (2015) and by its final year (2023) it is expected
to have a positive balance of $3.8 million; and
WHEREAS, there are currently sufficient positive fund balances in the TIF District 22 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 MPC 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 City’s above described Development Loan Agreement and Promissory Note once finalized
are also reiterated and incorporated herein by reference as if fully set forth verbatim; and
3. The MPC TIF 22 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,
as from time to time amended by the City Manager; and
4. The City Manager and/or his designee(s) is/are hereby authorized to execute, enter into, and
effectuate the TIF 22 Development Loan Agreement and Promissory Note with MPC 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
McDonald
Eric J. Levitt, City Manager
Perrotto
Rashkin
ATTEST:
Steeber
Truman
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by: Economic Development Director
Prepared by: City Attorney
NEIGHBORHOOD SERVICES MEMORANDUM
December 22, 2011
TO: City Council
FROM: Jennifer Petruzzello, Neighborhood Services Director
SUBJECT: Action on a proposed resolution authorizing the filing of an application, in
cooperation with the County of Rock, for a U.S. Department of Housing
and Urban Development 2012 Lead-Based Paint Hazard Control Grant.
(File Resolution #2012-877)
Summary:
The City has previously and successfully partnered with Rock County on two Lead-
Based Paint Hazard Control Grant Programs. The first two grants were awarded by
HUD in 2006 and 2009 and resulted in a total of 2.2 million being allocated to Rock
County, the City of Beloit and the City of Janesville.
Rock County has approached both the City of Janesville and the City of Beloit about our
interest in submitting an application for additional grant funding under the U.S.
Department of Housing and Urban Development, Office of Healthy Homes and Lead
Hazard Control. If funding were awarded, it would be divided in equal amounts between
the three (3) agencies. If fully funded, the City would receive approximately $500,000
over 3 years to assist 30 dwelling units to become lead safe.
As part of the application, each agency must commit to a minimum amount of local
match. Community Development Block Grant (CDBG) revolving loan, CDBG entitlement
funds, Neighborhood Stabilization Funds, and the value of staff project coordination
time can be used as our portion of the match.
Funding would be available to reduce or eliminate lead hazards in income eligible rental
housing and owner occupied housing. Priority will be given to assist dwellings occupied
by children under six years of age with documented lead poisoning to protect them from
further lead exposure.
Department Recommendation
The Neighborhood Services Department recommends that the City Council approve File
Resolution #2012-877 authorizing the filing of an application in cooperation with the
County of Rock, for a U.S. Department of Housing and Urban Development 2012 Lead-
Based Paint Hazard Control Grant.
City Manager Recommendation
The City Manager recommends approval.
1
Suggested Motion
I move to approve File Resolution #2012-877 authorizing the filing of an application in
cooperation with the County of Rock, for a U.S. Department of Housing and Urban
Development 2012 Lead-Based Paint Hazard Control Grant.
Request
Rock County has requested that the City of Janesville consider joining them in
submitting a grant application for funding from the Lead-Based Paint Hazard Control
Program. The City of Janesville would be a subgrantee of this application, meaning that
Rock County would serve as the lead agency.
Background/Analysis:
Lead-based paint is a significant problem in the United States and resulted in the
banning of lead from paint in the early 1970’s. By 1978, the supply of lead-based paint
had been exhausted and housing built after that date is considered to be lead-safe. In
the United States alone, nearly 1 million children under the age of six (6) have lead
levels in their blood high enough to impair their ability to think, concentrate and learn.
Lead can damage a child’s kidneys and central nervous system, and cause anemia,
coma, convulsions and even death.
In the City of Janesville there are approximately 15,000 housing units constructed prior
to 1978. In our housing rehabilitation programs, the City is required to identify the lead
hazards in a dwelling unit and take appropriate measures to mitigate the risks of lead
exposure. Unfortunately, the additional requirements and costs associated with
addressing the lead-based paint issue may make participating in the City’s housing
rehabilitation programs less attractive to low to moderate income property owners.
The City has previously and successfully partnered with Rock County on two Lead-
Based Paint Hazard Control Grant Programs. The first two grants were awarded by
HUD in 2006 and 2009 and resulted in a total of 2.2 million being allocated to Rock
County, the City of Beloit and the City of Janesville. In addition to the Lead Hazard
Control Grants, the City of Janesville has some additional history of partnering with
Rock County and the City of Beloit to receive federal grant funds. Most notable of these
is the Rock County HOME Consortium, which was formed for the purposes of receiving
HOME Investment Partnership Program funds on an annual basis. This Consortium has
allowed the cities of Janesville and Beloit, as well as Rock County to receive a
consistent source of funds to support our housing programs as opposed to competing
against each other for HOME funds awarded by the State of Wisconsin.
If this grant application is funded by the U.S. Department of Housing and Urban
Development (HUD), funding would be available to the cities of Beloit and Janesville, as
well as Rock County to reduce the hazards of lead-based paint. The grant award would
be divided equally between the parties making 1/3 of the grant funds available to the
City of Janesville. If fully funded, the City would receive approximately $500,000 over 3
years to assist 30 dwelling units to become lead safe.
2
As part of the application, each agency must commit to a 25% local match. Community
Development Block Grant (CDBG) revolving loan, CDBG entitlement funds,
Neighborhood Stabilization Funds, and the value of staff project coordination time can
be used as our portion of the match. It is anticipated that 15% of the match will be
passed along to property owners through deferred loans, installment loans, and cash
contributions. The remaining 10% match is anticipated to be met through the value of
staff project coordination.
The timeframe for the expenditure of these grant funds is three (3) years. This program
would be available to both owner-occupied as well as rental properties. However, in
order to be eligible the housing unit must be occupied by low-moderate income family.
Priority will be given to households with a child under the age of six (6) with elevated
blood lead levels. Staff expects to work closely with the Rock County Health
Department in identifying properties containing a child with an elevated blood level of
lead. In order to encourage participation, grant funds from the Lead-Based Hazard
Control Grant Program will be structured as a deferred payment forgivable loan.
Participation in the Lead-Based Paint Hazard Reduction Grant Program would bring
additional financial resources to the City of Janesville to address lead hazards in our
housing stock, which will enable us to stretch our CDBG and HOME rehabilitation
dollars further.
Housing staff is experienced in working to reduce lead hazards, and this program would
be administered in a similar manner as our current grant.
Addressing lead hazards is consistent with the Consolidated Plan and the 2012 Action
Plan, which outline actions to be taken to evaluate and reduce lead-based paint hazards
and integrate these actions into housing policies and programs.
Given the short time frame between the notice of funding and the application deadline,
the Community Development Authority has not made a recommendation regarding this
application. However, the CDA was informed of the application at their December 7,
2011 meeting. The application is similar in size and scope to that recommended by the
CDA in May 2011.
Attachment: Resolution #2012-877
cc: Eric Levitt, City Manager
Jay Winzenz, Assistant City Manager/Director of Administrative Services
3
RESOLUTION NO. 2012-877
A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION IN
COOPERATION WITH THE COUNTY OF ROCK FOR A
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
2012 LEAD-BASED PAINT HAZARD CONTROL GRANT
WHEREAS
, the County of Rock has proposed to apply for a Lead Hazard Control
Grant from the U. S. Department of Housing and Urban Development in the amount of
$1,700,000; and
WHEREAS,
housing built before 1978 is likely to have some level of lead paint hazards
and the City of Janesville has over 15,000 housing units built prior to 1978; and
WHEREAS,
lead hazard control work is required for all of the housing rehabilitation
programs offered by the City of Janesville and the receipt of Lead Hazard Control Grant
funds would supplement existing funding for housing rehabilitation activities; and
WHEREAS,
Rock County proposes that the City of Janesville enter into a cooperative
agreement including the division of labor and funds approximately one-third City of
Janesville, one-third City of Beloit, and one-third Rock County; and
WHEREAS,
a minimum of a 25% match is required for the grant and this match will be
met by Community Development Block Grant and Neighborhood Stabilization
rehabilitation program funds and in-kind staff contributions; and
WHEREAS
, the Common Council of the City of Janesville finds it is in the best interest
of the community to facilitate these preservation activities.
NOW, THEREFORE BE IT RESOLVED
by the Common Council of the City of
Janesville that it authorizes and directs the City Manager to participate in a cooperative
agreement for an application to the U. S. Department of Housing and Urban
Development, including all certifications and that the City Manager is authorized to act
in connection with the application and to provide such additional information as may be
required and to administer the program in accordance with all applicable State and
Federal regulations.
BE IT FURTHER RESOLVED,
that Community Development Block Grant Program
Revolving Loan funds and Neighborhood Stabilization program funds and in-kind staff
contributions are hereby committed to meet the minimum match requirement of 25% of
the City’s share of the Lead Hazard Control Grant funding.
BE IT FURTHER RESOLVED,
that the City Manager, and his designees, are hereby
authorized to negotiate, draft, prepare, execute, file and modify such other documents,
papers and agreements ancillary and/or pertaining thereto and, from time to time, to
take and/or make whatever other minor actions and/or minor modifications to the above
described agreements as the City Manager and/or his designee may deem necessary
and/or desirable to effectuate the purposes of such agreements and the intent of this
resolution.
ADOPTED:
Motion by:
Second by:
APPROVED:
CouncilmemberAyeNayPassAbsent
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
DEPARTMENT OF PUBLIC WORKS MEMORANDUM
December 29, 2011
TO: City Council
FROM: John Whitcomb, Operations Director
SUBJECT: Action on a Proposed Resolution Authorizing Expenditures for the
Conversion to Automated Collection of Trash and Recyclables (File
Resolution No. 2012-878)
Summary
File Resolution No. 2012-878 authorizes the City Administration to expend up to
$3,150,000 to facilitate the conversion from manual collection of trash and
recyclables to fully automated collection. The funds will be utilized for collection
equipment upgrades and the purchase of wheeled carts necessary for
automation. The Resolution also commits the City Council to borrowing up to
this same amount in the 2012 General Obligation Note Issue.
Staff Recommendation
Following Council discussion, staff recommends the City Council adopt the
proposed File Resolution.
Recommended Motion
I move to adopt File Resolution No. 2012-878
City Manager Recommendation
This item was approved during the 2012 budget. In order to facilitate the
conversion the City staff needs authorization from the Council to fully automate
collection.
Background
The 2012 Sanitation Fund budget adopted by the City Council provides for the
conversion of the City’s waste collection programs from manual collection to fully
automated collection. The anticipated date of conversion is October 1, 2012.
The conversion requires capital expenditures to upgrade waste collection
equipment and for the purchase of wheeled carts which will be distributed to
each unit receiving collection service from the City. These capital expenditures
are estimated to total $3,150,000 and funds will need to be expended prior to the
City Council’s action on the 2012 General Obligation Note Issue. The proposed
Resolution authorized the Administration to proceed to expend the capital funds
at this time, and commits the City Council to include an amount not to exceed
$3,150,000 in the 2012 General Obligation Note Issue.
1
Specifically, the expenditure estimates are as follows:
$2,780,000
48,000 wheeled carts; 2 carts for each collection stop - . This
includes costs for the vendor to distribute carts to each household.
$100,000
Retrofit of four existing collection vehicles - . These vehicles
were ordered and constructed so they could be retrofitted for automated
collection.
Upgrade costs for five existing collection vehicles scheduled for
$170,000
replacement in 2012 - . This represents the difference between
available funding in the Vehicle Operation and Maintenance (VOM)
replacement fund for manual trash collection vehicles and the higher cost
of the automated collection equipment.
Two existing collection vehicles not scheduled for replacement in 2012 will
be sold or traded and replaced with one automated collection vehicle – net
$100,000
cost .
Recommendation
Staff recommends the Council adopt File Resolution No. 2012-878.
2
RESOLUTION NO. 2012- 878
A Resolution authorizing the City Administration to expend funds to provide for the
conversion to automated collection of residential trash and recyclables.
WHEREAS, the City of Janesville currently utilizes municipal employees to manually
collect residential trash and recyclables; and
WHEREAS, the Common Council have expressed a desire to convert from the manual
collection of residential trash and recyclables to fully automated collected of residential
trash and recyclables; and
WHEREAS, the conversion from manual collection to fully automated collection is in the
best interests and benefit of the City in that it is anticipated to significantly reduce
worker injuries and improve service to the citizens of Janesville; and
WHEREAS, the Common Council anticipate the conversion to automated collection of
residential trash and recyclables through their adoption of the 2012 Sanitation Fund
budget; and
WHEREAS, certain capital costs will be incurred to provide for the conversion to
automated collection of residential trash and recyclables; such cost currently is
estimated at $3,150,000 for collection equipment upgrades and the provision of
collection carts to residential and other specific customers; and
WHEREAS, the Common Council intend to include capital funding through the 2012 tax
exempt promissory note issue to facilitate the conversion from manual collection of
residential trash and recyclables to fully automated collection of residential trash and
recyclables.
NOW, THEREFORE BE IT RESOLVED, by the Common Council of the City of
Janesville that they hereby approve and authorize the City Administration to expend
funds not to exceed $3,150,000 to support the conversion from manual collection of
residential trash and recyclables to fully automated collection of residential trash and
recyclables; said funds to be utilized to upgrade collection equipment and to provide
collection carts to residential and other specific customers. No funds from sources
other than 2012 tax exempt obligation promissory note issue are, or are expected to be,
reserved, allocated on a long-term basis, or otherwise set aside by the City for the
conversion, except as permitted by the Internal Revenue Code of 1986. This
declaration of official intent is consistent with the budgetary and financial circumstances
of the City. The purpose of this Resolution is to satisfy the “official intent” requirement
of the Treasury Regulation Section 1.150-2.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
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: Operations Division
Prepared by: Operations Division
Option Cost Summary - Combined Trash Collection, Disposal and Recycling Programs
Full Automation Automation
Full
Maintain
Automation of Recycling of Recycling
Automation
Current With Bi-Only with Bi-Only with
With Monthly
SystemWeekly Weekly Monthly
Recycling
RecyclingCollectionCollection
Total Cost of Programs
$ 2,226,228$ 2,300,144$ 2,117,144$ 2,350,419$ 2,165,332
Revenue From Sale of Materials and Grants
$ (428,000)$ (455,832)$ (441,564)$ (455,832)$ (441,564)
Net Cost of Programs$ 1,798,228$ 1,844,312$ 1,675,580$ 1,894,587$ 1,723,769
Full Year Net Monthly Cost Per Unit (2012 Dollars)$ 6.38$ 6.55$ 5.95$ 6.73$ 6.12
2012 Budget With 10/1/12 Implementation$ 6.18$ 6.04$ 6.35$ 6.20
n/a
Total Capital Required$ 3,154,000$ 3,054,000$ 1,512,000$ 1,482,000
n/a
Major Assumptions & Notes
Cost/HH for automated options includes capital borrowing + interest
Figures include all recycling program expenditures and revenues
All options result in a reduction in the number of collection employees required
Holiday collection under full automation options would need to change
Collection of Christmas trees may not be possible with automation;
20% increase in recyclables collected under automated bi-weekly collection; 10% increase with automated monthly collection
Revenue reflects new contract with Rock Disposal and includes cost to transfer materials to their processing facility
Monthly recycling costs assume only one recycling cart per household; additional carts will likely be required under this option
All carts assumed to be approximately 95 gallons in capacity
CLERK-TREASURER’S OFFICE MEMORANDUM
January 3, 2012
TO: City Council
FROM: Jean Ann Wulf, Clerk-Treasurer
SUBJECT: Action on a Potential Spring Primary for City Council on
February 21, 2012
State Statute 8.11 states that if the number of candidates in a City election
exceeds twice the number to be elected, the governing body may decide whether
to hold a primary. As of the January 3, 2012 filing deadline, 9 candidates have
achieved ballot status for the four City Council seats. The following are the
candidates: Jim Farrell, Matthew Kealy, Billy R. McCoy, Andy Murray, DuWayne
Severson, Angela Smillie, Michael F. Southers, Kathleen Voskuil, and Troy
Zimdars.
If a primary is held on February 21, 2012, the 8 candidates with the most votes
would have their names placed on the April 3, 2012 ballot and the remaining
candidate would no longer have ballot status.
In 2008, we had 11 City Council candidates competing for 3 seats. The Council
voted to hold a primary and 5 candidates did not move forward to the April
election. The Council voted not to hold a primary in 2000, 2001, 2003, 2006 and
2009.
The State Elections Board has informed us that a spring primary is scheduled for
February 21, 2012 for Circuit Court Judge. The Clerk-Treasurer’s Office included
funds ($15,250) in the 2012 budget for this primary. The additional cost to the
City to include the City Council race on this ballot would be insignificant.
The City Clerk-Treasurer’s Office requests that the City Council make the
decision on whether to hold a primary for City Council on February 21, 2012.
City Manager Recommendation
Based on the number of candidates who have filed for a Council seat and the
fact that four seats will be elected, I recommend not holding a primary because it
would only eliminate one candidate for the General Election.
cc: Eric J. Levitt, City Manager
Jay Winzenz, Director of Administrative Services
1
Economic Development Memorandum
Date: January 4, 2012
TO: Janesville City Council
FROM: Vic Grassman, Economic Development Director
SUBJECT: Introduce and Refer to Plan Commission for a Public Hearing a Proposed
Resolution Amending the Boundary and Project Plan of TIF District No.
35. (File Resolution No. 2012-875)
______________________________________________________________________
I. Summary
City staff is proposing an amendment to TIF No. 35 to add approximately 84 acres
of vacant land adjoining the southwest portion of the existing TIF boundary. After
introduction, the City Council should refer the Amendment to the Project Plan to the Plan
Commission for the required public hearing and recommendation. The resolution
approving the Amendment to the TIF District will return to the Council Agenda for
consideration on February 13, 2012.
II. TIF Amendment Procedures
Wisconsin’s Tax Increment Law (§ 66.1105) sets forth a specific procedure for
amending the boundary of a TIF district. The Plan Commission must hold a public
hearing, preceded by a Class 2 public notice. The required hearing is planned for
February 6, 2012. The Plan Commission will then make a recommendation to the City
Council, on the proposed TIF boundary and Project Plan amendment.
Following review by the Plan Commission, the Council may act on a resolution
amending the TIF boundary and Project Plan. Wisconsin Statutes also require that a
Joint Review Board composed of representatives from the City, the School District, the
County, the Vocational District, and a fifth member chosen at large, meet and approve
the amendment to the TIF district within 30 days of Council action.
III. Amendment No. 1 toTIF No. 35
TIF No. 35 currently contains a 226-acre parcel of land at the southwest corner of
STH 11 and Beloit Avenue that was created to attract potential industrial developments
and contains a certified industrial site which provides potential developers a site that is
“shovel ready”. Proposed Amendment No. 1 will modify the TIF No. 35 boundary to add
an additional 84 acres of vacant land adjoining the southwest portion of the existing TIF
boundary. Since 2009 the City has had an option to purchase an additional 84 acres of
land to the south of the existing TIF 35 to accommodate future industrial development.
With the option set to expire on December 31, 2011, the City executed the option to
purchase the additional 84 acres of land at their December 22 Meeting. Upon
annexation, this land will be zoned M-1 Light Industrial and included within the
boundaries of TIF No. 35 by approval of Amendment No. 1 to the TIF No. 35 Project
Plan.
IV. Recommendation
The City of Janesville has successfully used tax increment financing as an
economic development tool. With the poor state of the national economy, Janesville
needs to remain aggressive in pursuing all development opportunities.
Staff recommends that the Council introduce the Amendment No. 1 to the Project
Plan for TIF No. 35 and refer it to the Plan Commission for a public hearing and
recommendation.
V. City Manager Recommendation
nd
Based on the action taken by the City Council on December 22, the City
Manager recommends approval.
Attachments: Amendment No. 1 - TIF No. 35 Project Plan
Resolution 2012-875
Cc Eric Levitt, City Manager
Jay Winzenz, Director of Administrative Services
Resolution No. 2012-875
RESOLUTION APPROVING AMENDMENT NO. 1 TO THE PROJECT PLAN FOR
TAX INCREMENT FINANCE DISTRICT NO. 35
WITHIN THE CITY OF JANESVILLE, ROCK COUNTY, WISCONSIN
WHEREAS, the Common Council of the City of Janesville adopted Resolution No.
2011-816 on August 22, 2011, creating the City of Janesville Tax Increment Finance
District No. 35 in accordance with the provisions of Wisconsin Statutes Section 66.1105;
and
WHEREAS, the City of Janesville Administration is now proposing Amendment No. 1 to
the Project Plan for TIF No. 35 revising the project budget and amending the TIF No. 35
boundary to include an additional 84 acres of industrial land; and
WHEREAS, the Janesville Plan Commission has held a public hearing on proposed
Amendment No. 1 to the Project Plan of Tax Increment District No. 35 and the proposed
new boundaries of the Amended TIF district on the 6 day of February, 2012, and found
both proposed amendments to be acceptable and consistent with the long range plans
of the City and its best interests; and
WHEREAS, the Chief Executive Office of the Janesville School District, Rock County
Board, Blackhawk Technical College, and other entities having the power to levy taxes
upon the property located within the proposed Tax Increment District No. 35 have been
notified of the proposed Amendment to the Project Plan for TIF No. 35, pursuant to
Section 66.1105 (4)(a) and (e), Wisconsin State Statutes; and
WHEREAS, Tax Increment Finance District No. 35, as amended, is declared to be an
“industrial TIF district”, where more than 51% of the land is currently zoned M-1
Industrial and has been found suitable for industrial development within the meaning of
Section 66.1101, Wisconsin State Statutes, and will remain zoned for industrial
purposes for the life of the TIF District; and
WHEREAS, the project costs directly serve to promote industrial development,
consistent with the purpose for which the TIF District was created, and the improvement
of the proposed additional areas for industrial projects will significantly enhance the
value of all property within the City of Janesville; and
WHEREAS, the equalized value of taxable property within the amended boundaries of
TIF No. 35 plus the value increment of all existing Janesville TIF Districts does not
exceed twelve percent (12%) of the total equalized value of property within the City of
Janesville; and
WHEREAS, the amended Project Plan for Tax Increment District No. 35 is economically
feasible and in conformity and has been found to be in accordance with the City’s
Resolution No. 2012-875
TIF 35 Amendment No. 1
Page 2
General Development Plans, Zoning Ordinance, and other relevant policies; and that
implementation of the improvements as set forth in the Amended TIF No. 35 Project
Plan is in the best interest of the City of Janesville and for the benefit of its residents
and taxpayers.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Janesville that they hereby approve Amendment No. 1 to the Project Plan for City of
Janesville Tax Increment Finance District No. 35, and refer Amendment No. 1 to a Joint
Review Board for review and approval according to Wisconsin Statutes.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Dongarra-Adams
Liebert
Eric J. Levitt, City Manager
McDonald
Rashkin
ATTEST:
Steeber
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by: City Manager
Prepared by: Community Development
TAX INCREMENT FINANCE DISTRICT No. 35
PROJECT PLAN
Adopted August 22, 2011
AMENDMENT No. 1
February 13, 2012
Prepared By:
Economic Development Agency
Accounting Division
City Manager’s Office
City of Janesville, Wisconsin
18 N. Jackson St.
Janesville, WI 53545
CITY OF JANESVILLE
TAX INCREMENT FINANCE DISTRICT No. 35
TABLE OF CONTENTS
I. WISCONSIN TAX INCREMENT LAW AND PROCESS ........................ 1
II. TIF No. 35 PLAN OBJECTIVES ......................................................... 2
III. BOUNDARIES OF TIF No. 35 ......................................................... 3
IV. EXISTING ZONING AND PROPOSED LAND USES ............................. 6
V. PROPOSED TIF PUBLIC WORKS PROJECTS AND .............................. 10
IMPROVEMENTS
VI. DETAILED LIST OF ESTIMATED PROJECT COSTS ........................... 12
VII. ECONOMIC FEASIBILITY AND METHODS OF FINANCING ............. 16
VIII. PROPOSED CHANGES IN ORDINANCES, CODES, & PLANS ............ 20
IX. LIST OF ESTIMATED NON-PROJECT COSTS ...................................... 21
X. METHODS FOR RELOCATION OF DISPLACED PERSONS ................ 21
XI. PROMOTION OF THE ORDERLY DEVELOPMENT ........................... 21
MAPS
1. Map 1 TIF No. 35 Boundary Map ……………. ......................................... 5
2. Map 2 TIF No. 35 Zoning ......................................................... 8
3. Map 3 TIF No. 35 Existing Conditions and Land Use ................................ 9
4. Map 4 TIF No. 35 Proposed Improvements ................................................ 14
5. Map 5 TIF No. 35 Property Within ½ Mile of Boundary............................. 15
LEGAL AND PROCEDURAL
1. Legal Opinion From City Attorney on Project Plan
2. TIF No. 35 Plan Adoption and Creation Resolutions
3. Joint Review Board Resolution
City of Janesville
Tax Increment Finance District No. 35
Project Plan
WISCONSIN TAX INCREMENT LAW AND PROCESS
I.
Under Wisconsin Statutes Section 66.1101 (1), the State declared that the policy of the
State is "to encourage and promote the development of industry to provide greater employment
opportunities and to broaden the State's tax base to reduce the tax burden of residents and
homeowners." Locally, the City of Janesville has adopted an Economic Development Policy
designed to "diversify the economic base of the City through the retention and expansion of
existing businesses ...” In addition, the City seeks to attract new industries through the creation of
fully improved industrial parks.
One tool designed to help stimulate new development is "Tax Increment Financing (TIF)".
When the State Legislature enacted the Tax Increment Law (ss 66.1105) in 1975, they found,
"that the accomplishment of the vital and beneficial purposes of the Promotion of Industry Statute
(ss 66.1101) is being frustrated by the lack of incentives and financial resources." One stated
purpose of the Tax Increment Law, "is to create a viable procedure by which a city or village,
through its own initiative and efforts, may finance projects which will tend to accomplish," the
promotion of industry.
The Tax Increment Law allows a community to recapture the costs of public expenditures
made to stimulate new development, from the property taxes generated by the new development.
Fundamental to the TIF law is the concept that new development will benefit an area broader than
the municipality in which the development occurs. However, an inequity occurs because the
community is left to finance the entire cost of public expenditures needed to facilitate the
development. The TIF law recognizes that without the TIF expenditures, the development could
not have occurred.
1
Thus, the TIF law provides that all property taxes levied on increased property value
within a TIF district are retained by the community to finance the public expenditures made within
the TIF district. The base value (the value that existed at the time the TIF district is created),
however, continues to provide same level of revenues to other taxing jurisdictions. Once all of
the public expenditures have been repaid, all taxing jurisdictions can collect taxes levied on the
new property value.
State statutes are very specific as to how a TIF district is created. First, a TIF project plan
is developed and presented to the Plan Commission for a formal public hearing. The Commission
makes a recommendation on the TIF project plan to the City Council. The Council then must
pass a resolution adopting the TIF project plan and establishing the TIF boundaries. Finally, a
Joint Review Board is created with members from the City, school district, county, vo-tech
district, and one member at large. The Joint Review Board reviews the TIF plan and public
hearing comments and approves the creation of the TIF district. Amendments to a TIF Project
Plan may be made by following the same procedures. TIF project plan amendments may be
necessary to revise projected budgets and/or to amend the boundaries of the original TIF district.
This document will meet the statutory requirements for a Project Plan for Tax Increment
Finance District No. 35.
TIF No. 35 PLAN OBJECTIVES
II.
Industrial development activities in the City of Janesville are guided by the City's
Economic Development Strategy and implemented in accordance with an Economic Development
Policy. The overall goal for the City's industrial development effort is to diversify the City's
economic base through the retention and expansion of existing businesses, and through the
attraction of growing industrial and large regional service sector employers that will create new
employment opportunities and expand the local property tax base.
TIF No. 35 will advance the City of Janesville's industrial development objectives and
specifically will:
A. Promote industry retention, expansion, and attraction through the
2
development of a new fully improved certified industrial park, thereby
creating new jobs and increased tax base.
B. Provide appropriate financial incentives to encourage industrial expansion.
C. Reduce the financial risk to the taxpayer by timing the implementation of
the Project Plan with the creation of additional property value through
industry expansions.
D. Generate sufficient new property tax increments within eight (8) to ten (10)
years from each specific development project within the TIF District to
fully repay the City's TIF project expenditures associated with the
development project.
BOUNDARIES OF TIF No. 35
III.
Described as follows:
Pt SE. ¼ and Pt SW. ¼ Sec 13-2-12 and also Pt NE. ¼ and NW. ¼ Sec 24-2-12, 4TH PM,
City of Janesville, Rock Co, WI DAF: Com NE cor sd Sec 24; th S0°18'59"E alg E L NE ¼ sd
Sec 24, 400.21'; th N88°27'04"W 33.02' to W L CTH G and POB; th N88°27'04"W 3826.97'
m/l; th N0°02'51"W 1704.64' to N L SE ¼ SW ¼ sd Sec 13; th S89°02'36"E alg sd N L
1291.03' to NE cor sd SE ¼ SW ¼ sd Sec 13; th N0°00'24"E alg N-S CL sd Sec 13, 1283.03' to
S L STH 11; th S88°41'40"E alg sd S L 1757.16' to W L Lot 1 CSM rec in Vol 8 Pgs 114-115;
th S1°18'01"W alg sd W L 217.05' to SW cor sd CSM; th S88°42'05"E alg S L sd CSM 110.0'
to SE cor sd CSM; th N1°18'01"E alg E L sd CSM 200.0'; th S88°41'40"E 70.0' to NW cor Lot
1 CSM rec in Vol 9 Pgs 132-133; th S1°18'01"W alg W L sd Lot 200.0' to SW cor sd Lot; th
S88°42'05"E alg S L sd Lot 115.05' to SE cor sd Lot; th N1°18'01"E alg E L sd Lot 200.0' to S
L STH 11; th S.88°41'40"E 163.80' alg sd S L STH 11; th S71°01'05"E alg sd SL 293.11' to W
L CTH G; th S05°31'29"E 429.43' alg sd W L; th cont S alg sd W L 187.2' m/l to pt on N L
CSM rec in Vol 15 Pgs 135-136; th N88°34'17"W 7.0' m/l to NE cor Lot 1 sd CSM; th S alg E
L sd Lot 1 570.00' to SE cor sd Lot; th S88°34'17"E 7.0' m/l to W L sd CTH G; th S alg sd W L
1722.62' m/l to POB. 6-17-126, 6-17-126.4, 6-17-126.6,pt 6-17-125, pt 6-17-212, & pt 6-17-
214
Also containing the following described property: PART OF THE NW 1/4 OF SECTION 24,
TH
T.2N., R.12E. OF THE 4 P.M., TOWN OF ROCK, ROCK COUNTY, WISCONSIN.
DESCRIBED AS FOLLOWS: Commencing at an aluminum monument at the North 1/4 Corner
of said Section; thence S.0°43’12”E. along the North-South Centerline of said Section, 400.30
feet to an iron pin monument on the South Line of a Parcel described in Document No. 1690897,
also being at the place of beginning for the land to be herein described; thence S.0°43’12”E.
continuing along said North-South Centerline, 1692.15 feet to an iron pin on the Easterly
3
extension of the North Line of a tract described in Document No. 1401544; thence
N.89°04’46”W. along said North Line and its extension, 2477.53 feet; thence N.6°58’46”E. 2.22
feet; thence N.15°55’12”E. 542.01 feet; thence N.21°33’01”E. 230.09 feet; thence
N.18°14’52”E. 233.64 feet; thence N.47°44’21”E. 625.53 feet; thence N.44°27’40”E. 432.15
feet to said South Line of said Parcel (Document No. 1690897); thence S.88°30’01”E. along said
South Line, 1384.17 feet to the place of beginning. 6-17-214 & 6-17-215
4
MAP 1
5
EXISTING ZONING AND PROPOSED LAND USES
IV.
The City of Janesville is proposing to create created TIF No. 35 to expand an existing
industrial park on the City’s south side. At the time of its creation, TIF District No. 35 contains
contained one, 226 acre parcel of vacant industrial land in agricultural use in an industrially zoned
area on the City's south east side. The parcel is unimproved and has been used for agricultural
crop production for decades. In 2004, the City negotiated to purchase an additional 226 acres of
land located south of STH 11 and west of County Trunk Highway G. Upon annexation, this
land was zoned M-1 Light Industrial.
Since that time, The City went through a lengthy site certification process in 2010 to have
the 226 acre site deemed as a “shovel ready” certified industrial site. TIF No. 22 has seen
tremendous expansion and growth, and is set to be retired within the next 3-5 years. Therefore,
the creation of TIF No. 35 would allow allowed the 226 acre certified site to continue to be
marketed and incentivized with tax increment financing to make the site more appealing for
industrial development and expansion. Amendment No. 1 to TIF 35 will amend the original
boundary to add an additional 84 acres of vacant land adjoining the southwest portion of the
existing TIF boundary.
Since 2009 the City has had an option to purchase an additional 84 acres of land to the
south of the existing TIF 35 to accommodate future industrial development. With the option set
to expire on December 31, 2011, the City executed the option to purchase the additional 84 acres
of land. Upon annexation, this land will be zoned M-1 Light Industrial and included within the
boundaries of TIF No. 35 by approval of Amendment No. 1 to the TIF No. 35 Project Plan.
The City’s long term growth plans in this part of the city calls for continued expansion of
industrial development along CTH G and State Trunk Highway 11. Therefore, TIF No. 35 could
be amended to include additional industrial development sites as they become available and are
annexed into the City of Janesville
State law requires that not less than 50% of the land within a TIF district be “suitable for
‘industrial sites’ within the meaning of (Wisconsin Statutes) s. 66.1101 and zoned for industrial
use”. Within TIF No. 35 70% of the land is proposed for industrial uses and 30% is proposed for
6
green space and storm water uses, thus meeting the required standard. All lands within TIF No.
35 zoned for industrial uses will remain zoned for industrial uses for the life of the TIF district. In
addition, the Wisconsin TIF Law prohibits “newly platted residential areas” from being considered
as TIF project costs. No residential development is planned for TIF No. 35.
The TIF District Project Plan proposes to improve these properties with streets and
utilities to create additional industrial sites. The timing of the street and utility improvements will
be phased to meet the needs of specific development projects thereby minimizing the risk of
incurring development costs in advance of tax-producing development projects.
7
MAP 2
8
MAP 3
9
PROPOSED TIF PROJECTS AND IMPROVEMENTS
V.
The public expenditures proposed in TIF No. 35 will be linked to the expansion of the
industry within the district. The expansion of the industry will increase property values and will
generate new tax increments that will allow the City to recover its TIF costs. To allow this
expansion to occur, the City will need to extend utilities to the property and construct an
extension of Progress Drive. As the demand for industrial sites increases, the City will construct
new streets and utilities to those sites as necessary to facilitate development and expansion.
Finally, the Project Plan provides funds for marketing the new industrial sites and for providing
incentive financing to companies locating new facilities within the TIF district. The kind, number,
and location of all proposed improvements proposed for TIF No. 35 are shown on Map 4 -
Improvement Plan.
A. Transportation Improvements
Transportation improvements may include the construction of the southerly
extension of Progress Drive South of State Trunk Highway 11 and easterly extensions of a street
network from the newly extended portion of Progress Drive to County Trunk Highway G.
County Trunk Highway G may be widened to a 4-lane cross section as the traffic to TIF No. 35
increases with development. In addition, the TIF Project Plan allows for the construction of
approximately 10,500 feet of new streets to serve the new industrial sites. Map No. 4 shows the
planned location of these road improvements, however, the actual location of the roads may
change depending on the needs of specific development projects.
Wherever new street construction occurs, sidewalks or recreational trails, street trees, and
landscaping may be installed along the new frontage road.
B.Utility Costs
As new streets are constructed to provide access to industrial sites, sewer, water,
gas and electric utilities will be installed within the rights-of-way. In addition, a storm sewer
collection system including underground piping, surface detention ponds and safety fencing may
be installed. These utility improvements will be phased along with the street construction to meet
the needs of specific development projects. The utility costs will be included as TIF expenditures.
10
C. Street Lighting and Landscaping
As new streets are developed within TIF No. 35, street lights and street trees may
be installed. In addition, a landscaping buffer between the industrial uses and the open
space/residential uses to the west is planned as a TIF cost.
D. Marketing and Incentive Financing
In order to attract new development to the TIF No. 35 industrial park, it may be
necessary to implement a marketing program. Marketing activities may include the development
of brochures, photographs, topography and maps for use with industry prospects. Once the
marketing materials are available, a direct mail program may be implemented to attract new
development. Marketing activities may also include the payment of real estate commissions
where a private “buyer’s broker” facilitates the sale of a new development site in TIF No. 35.
Where a specific industry has been identified, incentive financing may be necessary to ‘close the
deal’. Incentive financing may include below interest loans, funding for relocation, worker
training, and unique start-up costs, and/or similar financing programs. Financing may go directly
to a development project or to capitalize a revolving loan fund to provide financing assistance for
industrial expansion projects throughout the TIF District.
Additionally, changes to State Law also allow the expenditure of TIF funds within ½ mile
of an existing TIF boundary. While much of the land within ½ mile of TIF No. 35 is currently
located outside the City of Janesville corporate limits, the City does have a boundary agreement
with the Town of Rock, and land surrounding the airport will be annexed to the City of Janesville
as development occurs. Where industrial development projects occur on land annexed to the
City within this ½ mile boundary, funding from TIF No. 35 may be used to support the
development project. If the development project is contiguous to TIF No. 35, the City may
propose a boundary amendment to the TIF No. 35 Project Plan. The development projects
located within ½ mile of proposed TIF No. 35 may need project financing and/or development
incentives to maintain employment levels or to undertake future expansion projects.
E. Administrative Costs
The TIF No. 35 project plan includes the cost incurred for administrative,
professional, organizational, and legal services related to the creation and administration of the
TIF district. Direct engineering costs shall be charged to the specific construction projects within
11
the TIF District. Direct legal and planning costs will be charged as administrative costs.
The cost of the three TIF audits required under Wisconsin Statutes ss 66.1105 will
be included as TIF project costs. In addition, administrative costs will include any TIF Plan
review fees charged by the Department of Revenue.
F. Land Acquisition
In order to create a new industrial park, the City has acquired a 226 acre parcel on
the west side of County Trunk Highway G and south of State Trunk Highway 11 and an
additional 84 acres to the south of the existing TIF 35 boundary along the east side of State
Highway 51. This Project Plan does not provide for any future land acquisitions. However, in the
event of future land acquisitions, payments to neighboring townships to compensate them for lost
tax revenues where TIF districts include newly annexed property will also be considered a TIF
land acquisition expense. Land acquisition, surveying, soil testing, environmental engineering,
and title policy expenses may be considered TIF project costs. Additionally, any relocation
expenses incurred by future land acquisitions including crop damages would be considered a TIF
land acquisition expense. Payment of any land conversion penalty under the provisions of
Wisconsin Statutes section 74.485 would also be considered a land acquisition cost.
DETAILED LIST OF ESTIMATED PROJECT COSTS
VI.
In order to determine the economic feasibility of the proposed TIF District No. 35, total
project costs must be estimated and compared to the projected tax increments that will be
generated by the new development in the TIF district. Based on 2011 construction costs, TIF No.
35 improvement costs are estimated as follows:
A. Transportation Improvements $4,155,500
B. Water and Sanitary Sewer Costs $2,823,200
B. Stormwater Improvements $2,011,300 $2,589,300
C. Project Incentive Financing $4,950,000 $6,450,000
D/E. Marketing & Administration $61,500
F. Land Acquisition $1,554,000
Total Cost of Improvements $14,001,500 $17,633,500
12
The estimated cost of TIF expenditures is $14,001,500 $17,633,500. Under the revised
TIF law, project costs may be incurred over the first fifteen (15) years of the TIF district, while
TIF revenues will be collected over a maximum of twenty (20) years. The City will have to
finance any negative TIF fund balance through interfund borrowing. Based on conservative
projections, including the debt service and interfund borrowing costs of $5,445,818 $7,174,522
.
the total estimated TIF No. 35 project costs to $19,447,318 $24,808,052
All project costs and interfund borrowing estimates are based on the most current cost
data available in July, 2011 and may be adjusted within the total amount shown without
modification or amendment of this TIF No. 35 Project Plan.
Under the changes to the TIF law enacted in 2004, all of the TIF No. 35 project costs
except debt service and interfund borrowing will be incurred during the first fifteen (15) years of
the TIF District. Table No. 1 shows the schedule and timing of the proposed expenditures. The
actual timing of expenditures will be contingent on the commitments from industries locating
facilities and guaranteeing a minimum property value that will generate sufficient tax increments
over the life of the TIF district to cover the TIF project costs. This Project Plan includes funds to
market the vacant industrial land within the TIF District for industrial and development.
Table No. 1
Tax Increment District No. 35
Summary of TIF Costs By Year
Year Type of Cost Cost
2011 Marketing and Administration, Engineering Services $362,500
2012 Land, Streets, Utilities, Incentives, and Admin $6,533,250 $8,322,250
Incentives, Streets, Utilities, Marketing
2013 $5,328,750 $7,171,750
2014 Incentives, Marketing and Administration $508,750
2015 Incentives, Marketing and Administration $507,250
2016 Incentives, Marketing and Administration $503,750
2017 Incentives, Marketing and Administration $251,875
2018 Administration $5,375
Total Cost of Improvements $17,633,50
$14,001,500 0
Debt Service and Interfund Borrowing
$5,445,818 $7,174,522
13
Total Estimated TIF No. 35 Costs $24,808,05
$19,447,318 2
--------------------------------------------------------------------------------------------------------
Prepared By: City Manager’s Office and Accounting
14
MAP 4
15
MAP 5
16
ECONOMIC FEASIBILITY AND METHODS OF FINANCING
VII.
A. Economic Feasibility Analysis
Under Wisconsin's Tax Increment District Law (ss. 66.1105), 100% of the
property taxes levied against new property value created within a TIF district is retained by the
City to pay for improvement costs that were incurred to attract the new development. Implicit in
the law is the concept that without the improvements, the attraction of new development, the
creation of new jobs, and the expansion of the tax base would not occur.
The Wisconsin TIF law as revised by the Legislature, allows the City fifteen (15)
years in which to make the improvements needed to stimulate and support development. The
property tax increments generated by the new development are retained by the City until all TIF
costs are paid. In no case shall the TIF district have a life longer than twenty (20) years.
The City of Janesville's Tax Increment District No. 35 will be was created by
Council action in July, 2011. The original TIF No. 35 Project Plan will be amended by the City
Council in January, 2012 to revise the budget and to amend the boundary to include an additional
84 acre parcel of land. Therefore, all TIF project improvements must be completed by
September, 2026. The taxes on any increased property value in the district between 2013 and
2031 will be retained by the City to repay the TIF project costs. TIF No. 35 will be dissolved
when all TIF project costs are repaid, or in July 2031, whichever comes first.
In order to determine the economic feasibility of the proposed TIF district,
estimated TIF costs must be compared to projected TIF property tax increments. Where tax
increments exceed TIF costs over the twenty (20) year life of the TIF district, the TIF district is
considered economically feasible.
The City of Janesville has made conservative assumptions about the future to
determine the economic feasibility of TIF No. 35. All TIF costs related to industrial expansion
projects are incurred according to the schedule shown in Table No. 1. TIF property value
increases for are shown for the installation of streets and utilities, as well as potential new land
acquisitions for future industrial projects to be developed.
Where possible, the construction of new streets and utilities will be phased and
17
linked to known development projects. The City will enter into binding contracts with the
industries locating within TIF No. 35 that will guarantee the minimum amount of investment
needed to fully amortize all TIF costs associated with each project within 8 to 10 years. The
overall TIF District should be able to recover all costs by the year 2030.
The equalized value property tax mill rate levy is projected to increase 0% per
year. This assumption is also conservative. In recent years, the equalized value property tax mill
rate in Janesville increased slightly. Based on these assumptions, the $51,500,000 $62,000,000 in
new property value generated between 2013 and 2019 will create sufficient new property tax
increments to repay all planned TIF project costs. The City will limit the implementation of all
TIF expenditures until the actual levels of new property value are known.
TIF project costs of $14,001,500 $17,633,500 plus financing costs of $5,445,818
$7,174,552 equate to a total TIF Cost investment of $19,447,318 $24,808,052. These monies
will only be expended if the property value of the industrial construction is adequate to ensure a
sufficient tax increment to recover the cost within the life of the TIF district. If a total of
$51,500,000 $62,000,000 of new property value is created as projected, the TIF district will
generate a total of $30,423,005 $29,467,978 in property tax increments over the 20 year life of
the district. Since property tax increments are projected to exceed TIF costs including debt
service by $390,294 in 2030 $246,255 in 2029 TIF No. 35 is found to be economically feasible.
Projected TIF revenues will cover TIF costs within 19 18 years and the City projects that TIF No.
35 will be dissolved by 2031.
Since there is no guarantee that new development projects will be found to
construct new property value within TIF No. 35, the City will only implement additional street
and utility construction project when they are needed to prepare new industrial sites for specific
projects. The TIF plan includes $4,155,500 in transportation improvements including
improvements to CTH G and HWY 51 as well as street extensions through the industrial site.
Additional, the Project Plan includes $$2,823,200 in utility improvements including extensions of
water mains and sanitary sewer to serve the site, as well as $2,011,300 $2,589,300 in stormwater
improvements.
18
B. Methods of Financing
Wisconsin Statutes provide several methods of financing the cost of improvements
in tax increment districts. For smaller amounts, financing through the general fund may be
feasible. Transfers can be made from the municipal general fund account into the TIF expenditure
account to cover the cost of TIF improvements. This method of financing avoids the interest cost
associated with municipal borrowing. However, since the General Fund balance is
reduced, the General Fund loses interest income, so an interfund borrowing cost is charged to the
TIF account.
State law also provides for municipal borrowing. Community borrowing is divided
19
into two forms -- that subject to a statutory limitation and borrowing not subject to limitation.
Possible funding sources include:
1. General Obligation Borrowing - Is sometimes referred to as a local
promissory note from a bank, State Trust Fund, or other lending institution.
This form of borrowing requires little effort or legal costs and works well
for smaller sums. This sort of borrowing is included in the municipal
borrowing limitation.
2. General Obligation Bonding – Is an irrepealable property tax
obligation of the community. General obligation bonds can
often be sold at lower interest rates than other forms of
borrowing. However, there are additional regulations and
requirements that make G.O. Bonds suitable for larger
projects. G.O. Bonds are included in the municipal
borrowing limitation.
3. Mortgage Revenue Bonds - Are repaid through the revenue generated by a
public utility like a water or sewer utility. Revenue bonds also have
regulatory and legal requirements that make them suitable for larger project
costs. Since revenue bonds do not pledge the community's taxing capacity,
they are not subject to a municipal borrowing limitation.
4. Federal and State Grant or Loan Programs - Like Community Development
Block Grants or State Transportation aids are sometimes available to
supplement local funding sources. However, the amount of grant dollars
available is limited and state and federal funding is uncertain given the need
to balance budgets.
The actual method of financing specific TIF projects will be determined by the City
based on the current fiscal condition of the City, anticipated non-TIF capital needs, municipal
borrowing rates and terms, and the amount of financing needed. Where general obligation
borrowing is used, TIF financing costs have been calculated assuming financing over ten (10)
years, with equal principal payments.
The City will not proceed with any phase of the planned public improvements until
a developer or business is committed to construct a new building or renovate an existing building
with a value sufficient to generate the property tax increments needed to cover the cost of the
improvements. Therefore, the actual City expenditures in TIF No. 35 may be substantially
different that those shown in the project plan.
20
C. Additional Economic Benefits
The economic feasibility analysis has shown that the property tax increments will
be sufficient to cover all TIF project costs over the twenty (20) year life of the TIF district. The
development of TIF No. 35 will facilitate an industrial expansion, increase property values, and
create new jobs in the City of Janesville. These jobs will help diversify the local economy and the
increased manufacturing and warehousing/distribution payrolls will have a positive multiplier
effect in the trade and service sectors.
PROPOSED CHANGES IN ORDINANCES, CODES, & PLANS
VIII.
The proposed TIF No. 35 project plan is in conformance with the City of Janesville's
present zoning ordinance, with the City's Industrial Development Plan and the General
Development Plan. All of the properties within TIF No. 35 have been found to be suitable for
industrial development in accordance with Wisconsin's Promotion of Industry Statute ss 66.1101,
and will remained zoned for industrial purposes for the life of the TIF district. All development in
TIF No. 35 will have to conform with the State Building Codes and will be subject to the City's
permitting and inspection procedures. The TIF No. 35 project plan conforms with all relevant
State and local ordinances, plans, and codes, thus, no changes to the existing regulations are
proposed or needed.
The City has requested that the Wisconsin Department of Commerce amend the Janesville
Community Development Zone boundary to include the land within TIF No. 35. This allows
companies that locate within the amended TIF No. 35 boundary to apply for State of Wisconsin
income tax credits under the Development Zone Program.
21
LIST OF ESTIMATED NON-PROJECT COSTS
IX.
All of the public improvements and other project costs included in this project plan are
TIF eligible costs as defined in Wisconsin Statutes ss. 66.1105, the Tax Increment District Law.
Where an improvement can serve an area larger than the TIF district, the cost of the improvement
will be prorated so that only the proportion of the costs to serve TIF No. 35 will be included as a
project cost. That portion of the total costs which serves areas outside the TIF district will be
considered 'non-project' costs and charged to funding sources other than TIF No. 35.
METHODS FOR RELOCATION OF DISPLACED PERSONS
X.
The TIF No. 35 Project Plan does plan land acquisition, thus, there may be displacement
of persons or business needing relocation assistance. For any reason, should relocation be
necessitated by the City's involvement in the implementation of this Project Plan, it will be
undertaken pursuant to Wisconsin Statutes Section 32.19 and 33.195, and according to a
Relocation Plan, as approved by the Wisconsin Department of Commerce.
PROMOTION OF THE ORDERLY DEVELOPMENT OF THE CITY
XI.
The creation of TIF No. 35 and the implementation of the projects in the TIF Project Plan
will promote the orderly development of the City of Janesville by encouraging that new industrial
development occurs in areas of the City planned for industrial growth. By creating well designed
and strategically located industrial parks, land use conflicts and infrastructure deficiencies can be
avoided. By providing financial incentives to stimulate private development projects, the City is
able to ensure that economic growth continues to occur, thus offsetting the inevitable loss of jobs
and incomes when economic conditions force the closure of other employers in the community.
By utilizing the provisions of the Tax Increment Finance Law, the City can increase
property values through development projects that result in increased tax base. TIF No. 35
continues the industrial development on the City’s southeast side that began with the creation of
TIF No. 5 in 1988 and TIF No. 16 in 1996 and TIF No. 22 in 1999. TIF No. 35 will add to the
tax and employment base of the community, and will generate positive secondary impacts in the
community through increased local disposable incomes.
22
23
24
Resolution No. 2012-875
RESOLUTION APPROVING AMENDMENT NO. 1 TO THE PROJECT PLAN FOR
TAX INCREMENT FINANCE DISTRICT NO. 35
WITHIN THE CITY OF JANESVILLE, ROCK COUNTY, WISCONSIN
WHEREAS, the Common Council of the City of Janesville adopted Resolution No.
2011-816 on August 22, 2011, creating the City of Janesville Tax Increment Finance
District No. 35 in accordance with the provisions of Wisconsin Statutes Section
66.1105; and
WHEREAS, the City of Janesville Administration is now proposing Amendment No. 1 to
the Project Plan for TIF No. 35 revising the project budget and amending the TIF No.
35 boundary to include an additional 84 acres of industrial land; and
WHEREAS, the Janesville Plan Commission has held a public hearing on proposed
Amendment No. 1 to the Project Plan of Tax Increment District No. 35 and the
proposed new boundaries of the Amended TIF district on the 6 day of February, 2012,
and found both proposed amendments to be acceptable and consistent with the long
range plans of the City and its best interests; and
WHEREAS, the Chief Executive Office of the Janesville School District, Rock County
Board, Blackhawk Technical College, and other entities having the power to levy taxes
upon the property located within the proposed Tax Increment District No. 35 have been
notified of the proposed Amendment to the Project Plan for TIF No. 35, pursuant to
Section 66.1105 (4)(a) and (e), Wisconsin State Statutes; and
WHEREAS, Tax Increment Finance District No. 35, as amended, is declared to be an
“industrial TIF district”, where more than 51% of the land is currently zoned M-1
Industrial and has been found suitable for industrial development within the meaning of
Section 66.1101, Wisconsin State Statutes, and will remain zoned for industrial
purposes for the life of the TIF District; and
WHEREAS, the project costs directly serve to promote industrial development,
consistent with the purpose for which the TIF District was created, and the improvement
of the proposed additional areas for industrial projects will significantly enhance the
value of all property within the City of Janesville; and
WHEREAS, the equalized value of taxable property within the amended boundaries of
TIF No. 35 plus the value increment of all existing Janesville TIF Districts does not
exceed twelve percent (12%) of the total equalized value of property within the City of
Janesville; and
WHEREAS, the amended Project Plan for Tax Increment District No. 35 is
25
economically feasible and in conformity and has been found to be in accordance with
the City’s
Resolution No. 2012-875
TIF 35 Amendment No. 1
Page 2
General Development Plans, Zoning Ordinance, and other relevant policies; and that
implementation of the improvements as set forth in the Amended TIF No. 35 Project
Plan is in the best interest of the City of Janesville and for the benefit of its residents
and taxpayers.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Janesville that they hereby approve Amendment No. 1 to the Project Plan for City of
Janesville Tax Increment Finance District No. 35, and refer Amendment No. 1 to a Joint
Review Board for review and approval according to Wisconsin Statutes.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Dongarra-Adams
Liebert
Eric J. Levitt, City Manager
McDonald
Rashkin
ATTEST:
Steeber
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by: City Manager
Prepared by: Community Development
26
CITY ATTORNEY’S OFFICE MEMORANDUM
January 4, 2012
MEMORANDUM
TO: Vic Grassman, Economic Development Director
FROM: Wald Klimczyk, City Attorney
RE: Legal Opinion – Amendment No. 1 to T.I.F. No. 35 Project
Plan
Sec. 66.1105(4)(f), Wis. Stats., of the Tax Increment
Financing Law mandates that the project plan for a proposed tax
increment financing district "include an opinion of the city
attorney or an attorney retained by the city advising whether the
plan is complete and complies with this section.” You have asked
me to review a certain proposed “Amendment No. 1 to the Tax
Incremental Finance District No. 35 Project Plan” dated February
13, 2012, and determine if, in my opinion, it is complete and
complies with the requirements of Wisconsin's T.I.F. Law. This
memorandum constitutes my legal opinion.
Sec. 66.1105(4)(f), Wis. Stats., sets forth those components
of a T.I.F. project plan which are required by state law. They are
as follows:
1. A statement listing the kind, number, and location of all
proposed public works or improvements within the district or, to
the extent provided in Section 66.1105(2)(f) 1. k., Wis. Stats.,
outside the district;
2. An economic feasibility study;
3. A detailed list of estimated project costs;
4. A description of the methods of financing all of the
estimated projected costs;
5. The time when the costs or monetary obligations related
thereto are to be incurred;
6. A map showing the existing uses and conditions of the
real property in the district;
7. A map showing the proposed improvements and uses in the
district;
27
8. Proposed changes of:
a. Zoning ordinances.
b. The master plan, if any.
c. The master map, if any.
d. Building codes.
e. City ordinances.
9. A list of estimated non-project costs;
10. A statement of proposed methods for the relocation of any
person(s) to be displaced; and
11. How the Tax Increment Financing District promotes the
orderly development of the City.
I have reviewed proposed “Amendment No. 1 to Tax Incremental
Finance District No. 35 Project Plan” dated February 13, 2012, for
Tax Increment Finance (T.I.F.) District Number 35, prepared by the
City of Janesville Economic Development Agency, Finance Division,
and City Manager’s Office. It is my legal opinion that said
project plan as prepared by the Economic Development Agency is
complete and does comply with Section 66.1105(4) (f), Wis. Stats.
According to the terms of the above cited statute, this legal
opinion should now become the final component of that project plan
amendment.
Wald Klimczyk
City Attorney
wk
cc: Jean Ann Wulf, City Clerk-Treasurer
J:\Attorney\Word\Shared\TIF 35 Amend 1 Legal Opinion.docx
28
Community Development Department Memorandum
Date: January 9, 2012
TO: Janesville City Council
FROM: Duane Cherek, Planning Services Manager
SUBJECT: Introduce and schedule a public hearing on a proposed ordinance
annexing property located at 4021 U.S. Highway 51 South (File Ordinance
No. 2012-506).
Introduce, refer to Plan Commission, and schedule a public hearing on a
proposed ordinance zoning property located at 4021 U.S. Highway 51
South to M1 upon annexation (File Ordinance No. 2012-507).
_____________________________________________________________________
The City has received a petition to annex approximately 81 acres of land located at
4021 U.S. Highway 51 South. The annexation area is located south of State Highway
11and east of U.S. Highway 51 and the Southern Wisconsin Regional Airport. The
petition was submitted by Arthur T. Donaldson, owner of the subject property. The
property is currently in farmland use. The City has a contract to purchase the property
from Mr. Donaldson for industrial development upon annexation. The adjoining land to
the north, already within the City limits, is included within TIF District 35. It is the City’s
intention to amend the TIF District 35 boundary to include the annexation area within it.
The annexation area is situated within the City’s urban service limits thus allowing for
municipal sewer and water utilities to be extended to the site.
Coincident with the annexation ordinance, the Community Development Department
has prepared an ordinance to zone the property to M1, Light Industrial District.
The Community Development Department recommends that following the first reading
of Ordinance No. 2012-506 annexing the land and Ordinance No. 2012-507 zoning the
area, they be set for public hearing on 13 February 2012. While the annexation does
not require Plan Commission review, the zoning of the property must be referred to the
Plan Commission. We therefore recommend that Ordinance No. 2012-507 be referred
to the Plan Commission for review and recommendation.
cc: Eric Levitt
Jay Winzenz
ORDINANCE NO. 2012-506
An ordinance annexing territory in Section 24 in T.2N., R.12E. of the 4th P.M., Town of
Rock, Rock County, Wisconsin.
WHEREAS
, a petition signed by the owner of the land within such territory proposed to be
annexed has been filed with the City Clerk; and
WHEREAS
, there are no electors residing in the territory; and
WHEREAS
, the necessary notices have been duly prepared, provided and served as required
by law to all persons affected; and
WHEREAS
, this ordinance does not contain temporary zoning; and
WHEREAS
, the Department of Administration has not found the proposed annexation to be
against the public interest; and
WHEREAS
, the Common Council has determined that this annexation is in the public interest.
NOW THEREFORE THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN
AS FOLLOWS:
SECTION I.
The territory described as follows is hereby attached to the City of Janesville.
TH
PART OF THE NW 1/4 OF SECTION 24, T.2N., R.12E. OF THE 4 P.M., TOWN OF ROCK,
ROCK COUNTY, WISCONSIN.
DESCRIBED AS FOLLOWS: Commencing at an aluminum monument at the North 1/4 Corner
of said Section; thence S.0°43’12”E. along the North-South Centerline of said Section, 400.30
feet to an iron pin monument on the South Line of a Parcel described in Document No.
1690897, also being at the place of beginning for the land to be herein described; thence
S.0°43’12”E. continuing along said North-South Centerline, 1692.15 feet to an iron pin on the
Easterly extension of the North Line of a tract described in Document No. 1401544; thence
N.89°04’46”W. along said North Line and its extension, 2477.53 feet; thence N.6°58’46”E. 2.22
feet; thence N.15°55’12”E. 542.01 feet; thence N.21°33’01”E. 230.09 feet; thence
N.18°14’52”E. 233.64 feet; thence N.47°44’21”E. 625.53 feet; thence N.44°27’40”E. 432.15
feet to said South Line of said Parcel (Document No. 1690897); thence S.88°30’01”E. along
said South Line, 1384.17 feet to the place of beginning.
SECTION II.
After this annexation becomes effective, the above described property shall be
exempt from and not subject to further taxation and assessments in the Town of Rock and
thence forth shall be subject to taxation and assessment as part of the City of Janesville for any
and all purpose provided by law.
ORDINANCE NO. 2012-506
PAGE 2
SECTION III.
All the territory attached by this ordinance is hereby made part of Ward 30 of the
City of Janesville.
SECTION IV.
There are no residents in the area proposed for annexation.
SECTION V.
The annexation is within the Janesville School District.
SECTION VI.
This ordinance shall take effect immediately upon adoption by the Common
Council, the public health, welfare, peace, tranquility, good order, public benefit, and police
power so requiring.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
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: Applicant
Prepared by: Community Development Department
ORDINANCE NO. 2012-507
An ordinance changing and establishing the zoning classification of property located
south of Avalon Road and east of Highway 51 to M1.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I. The zoning classification of the following described property is established
as M1, Light Industrial District:
TH
PART OF THE NW 1/4 OF SECTION 24, T.2N., R.12E. OF THE 4 P.M., TOWN OF ROCK,
ROCK COUNTY, WISCONSIN.
DESCRIBED AS FOLLOWS: Commencing at an aluminum monument at the North 1/4 Corner
of said Section; thence S.0°43’12”E. along the North-South Centerline of said Section, 400.30
feet to an iron pin monument on the South Line of a Parcel described in Document No.
1690897, also being at the place of beginning for the land to be herein described; thence
S.0°43’12”E. continuing along said North-South Centerline, 1692.15 feet to an iron pin on the
Easterly extension of the North Line of a tract described in Document No. 1401544; thence
N.89°04’46”W. along said North Line and its extension, 2477.53 feet; thence N.6°58’46”E. 2.22
feet; thence N.15°55’12”E. 542.01 feet; thence N.21°33’01”E. 230.09 feet; thence
N.18°14’52”E. 233.64 feet; thence N.47°44’21”E. 625.53 feet; thence N.44°27’40”E. 432.15
feet to said South Line of said Parcel (Document No. 1690897); thence S.88°30’01”E. along
said South Line, 1384.17 feet to the place of beginning.
SECTION II.
This ordinance shall take effect immediately upon adoption by the Common
Council, the public health, welfare, peace, tranquility, good order, public benefit, and police
power so requiring.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Eric J. Levitt, City Manager
Dongarra-Adams
Liebert
ATTEST:
McDonald
Rashkin
Jean Ann Wulf, City Clerk-Treasurer
Steeber
Voskuil
APPROVED AS TO FORM:
City Attorney
Proposed by: Community Development Department
Prepared by: Community Development Department