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2018-1528 RESOLUTION NO. 2018-1528 A resolution authorizing the City of Janesville to submit a grant request to Wisconsin Economic Development Corporation for up to $150,000 in grant funding through their Brownfield Site Assessment Grant (SAG) Program, to submit a grant request to Wisconsin Department of Natural Resources for up to $30,000 in grant funding through their Wisconsin Assessment Monies Program (WAM), and enter into a development agreement with Hendricks Commercial Properties, LLC to provide the City of Janesville with site access during the project period. WHEREAS, the Wisconsin Economic Development Corporation (hereinafter "WEDC") has created and funded the Brownfield Site Assessment Grant Program (hereinafter "SAG") with the goal of supporting community redevelopment in the state of Wisconsin; and WHEREAS, SAG has grant funding available to local governments seeking to redevelop sites potentially impacted by environmental contamination for economic or community development purposes; and WHEREAS, SAG offers Wisconsin communities up to $150,000 to investigate the degree and extent of groundwater and soil contamination; and WHEREAS, eligible activities include: demolition, site assessment or investigation, asbestos abatement, and some site restoration; and WHEREAS, Wisconsin Department of Natural Resources (hereinafter "WDNR") has Wisconsin Assessment Monies (hereinafter "WAM") to aid local governments in investigating potential brownfield sites in the state of Wisconsin; and WHEREAS, WAM is for contractor services up to $30,000 to investigate environmental contamination at closed environmental sites throughout the state; and WHEREAS, SAG recognizes WAM funds as part of the match requirement of the grant; and WHEREAS, it is unclear whether there may be environmental contamination on the site of the former Country Furniture by Schulers facility (hereinafter "Site"); and WHEREAS, Hendricks Commercial Properties, LLC, (hereinafter "HCP") purchased the site from Schulers in 2005; and WHEREAS, the Site experienced significant property damage during the flood event of 2008 and is located in both the floodway and floodplain; and WHEREAS, the Site and building has remained vacant since 2008; and WHEREAS, the local flood plain zoning ordinance adopted in 2015 as stipulated by Wis. Stat. §59.69(10) limits the amount of reinvestment into the property to 50% of its equalized assessed value; and WHEREAS, the redevelopment of the former County Furniture by Schulers site has been identified in the Rock Renaissance Area Redevelopment & Implementation Strategy (ARISE) plan for expansion of Traxler Park; and WHEREAS, the City would need to have a Phase I ESA conducted to the All Appropriate Inquiry (AAI) standard to have a federal CERCLA defense regardless of the acquisition type; and WHEREAS, both WEDC and WDNR require a development agreement between the municipality and the site owner to provide site access during the project period; WHEREAS, HCP is committed to continue this revitalization effort; and WHEREAS, the City supports the continued revitalization of the downtown, as it is intended to create a community asset and economic catalyst for future development, private investment and job creation; and WHEREAS, the site was identified in the ARISE plan adopted in 2015 for the expansion of Traxler Park in order to meet the current and future demands recreational activity and tourism; and NOW, THEREFORE, IT IS HEREBY RESOLVED by the Common Council of the City of Janesville that: 1. All above introductions and recitals are incorporated herein by reference as if fully set forth verbatim ; and 2. The City Administration is authorized on behalf of the City of Janesville to prepare and submit applications for, and request funds and assistance available from the Wisconsin Economic Development Corporation (WEDC) and Wisconsin Department of Natural Resources (WDNR); and 3. The City Administration is authorized on behalf of the City of Janesville to negotiate and enter into a development agreement in the best interests of the public to provide the City of Janesville with site access during the project period; and 4. The City of Janesville shall take any and all necessary actions to undertake, direct, and complete approved grant activities, and comply with State and Federal rules for the program(s); and BE IT FURTHER RESOLVED, that the City Manager and/or his designee(s), on behalf of the City of Janesville, is/are hereby jointly and severally authorized and empowered to negotiate, draft, review, revise, modify, amend, execute, enter into, file and/or record additional applications, agreements, amendments, documents, reports, and letters of understanding concerning this matter, and to take whatever additional other actions that the City Manager may determine in his sole discretion, from time to time and at any time, necessary and/or desirable in the public interest to effectuate the intent of this Resolution and/or the public good. ADOPTED: April 9, 2018 Motion by: Gruber Second by: Conley APPROVED: Councilmember Aye Nay Pass Absent Oya,i', aConley X Farrell X Gruber X i yan ' • [ue, De,'"+7 e.'*7 Alu^�.�e� Jorgensen X ATTE / Marklein X c J Williams X i/'/,i '. 1� Wolfe X David T. Godek, CI y Clerk-Treasurer APPROVED AS TO FORM: e✓W City Attorney Proposed by: Economic Development Office Prepared by: Economic Development Office at • + • • �`