Commons Lighting

Summary

 

The City will need to start replacing the decorative street light poles and fixtures around the commons with new ones because repair parts are no longer available for the current ones. The Public Works Board needs to have a discussion on establishing a new Streetlight Design to be used for the replacement of the decorative streetlights. The Public Works Board will evaluate the lights for safety, aesthetics, light color, and light pollution. In this meeting, staff wants to solicit feedback from the Public Works Board regarding the following goals:

1. Review established lighting styles in the City’s downtown, identify issues, and recommend improvements; and
2. Recommend lighting styles, as deemed appropriate, to address the downtown character while considering fiscal impacts pertaining to maintenance and proposed improvements; and
3. Draft Streetlight Guidelines for Council’s consideration.

This will facilitate the selection process by allowing staff to narrow down the styles for use. Staff will schedule a follow up Public Works Board meeting to present a draft design guidelines after collecting feedback from this meeting. The Public Works Board is requested to discuss and recommend appropriate streetlight styles for the Downtown area to the City Council for final approval. 

 

Background  

 

In 1996, the Economic Development Commission and the Parks Board started discussions regarding street lights suggested for use in the Commons and N. Main Street. The discussion included parameters that were considered desirable for consideration in the selection of street lights.

 

In 1998, the Public Works Board authorized the purchase of decorative streetlights for the Commons area. The presentation to the Public Works Board was primarily regarding street lights for decorative purpose lighting that could also be utilized within street right of ways. The proposed approach was to utilize a King Luminaire twelve foot tall cast ductile iron pole for street lights around the Commons. This approach provided a unified aesthetic theme throughout the Downtown. It allowed the community feature to gain desired streetlight aesthetics including the pole-type and light-fixture style.

 

A decorative type of fixture, that also provided a design to address traffic safety and pedestrian-level light, was approved by the Public Works Board for use in the Commons and for future expansion to N. Main Street. The selected street light fixture type was a King post top luminaire with a traditional style design.

 

In May of 2006, The Council adopted ordinance 981 which updated the city’s lighting requirements to standards that are perceived to reduce light pollution. The proliferation of outdoor light use, particularly that light projecting into the night skies, was determined to be an area of environmental degradation – light pollution. The purpose of the ordinance 981 was to regulate outdoor night lighting fixtures to preserve and enhance the areas dark sky while promoting safety, conserving energy and preserving the environment. One of the most significant features of the Ordinance is the requirement for down cast lighting. The current fixtures used in the Commons do not meet the down cast requirement.

 

Discussion

 

While street lighting systems were originally designed to address traffic safety, the environmental issues of lighting design are recognized as critically important to maintaining quality of life in neighborhoods. These issues go beyond the amount of light produced and include minimizing light pollution, enhancing the urban environment during the day by use of decorative poles and fixtures with underground wiring and at night by the provision of pedestrian-level light, deterring undesirable or illegal activities, increasing safety, restricting unwanted truant light onto private property and minimizing glare, power consumption, cost and visual impacts (day and night).

 

The City currently has 1431 street lights with basically three different styles/variations: cobra head or LED fixture with aluminum pole or on a utility power pole (wood), globe fixture type with aluminum pole, and lantern fixture with wood pole (either round or square). Exhibit ‘A’ is a map showing the locations of the different street lights. Exhibit ‘B’ includes pictures of the light styles/features.

 

Standard cobra head with wood power pole mounted – This is the typical light standard used in most areas of the City. The parts are easy to obtain for maintenance and replacement. The same style is also used by many other local agencies. There are 1028 cobra head lights in the City which is about 72% of the total.

 

These traditional streetlight fixtures are used to illuminate many roadways. They vary in design; some newer ones have their lamps recessed in the fixture, with flat, horizontal glass shields underneath, sending most of their light downward to the street and sidewalks. The majority, though, feature a hanging globe diffuser/shield, sending much of their light output sideways rather than downward.

 

LED Fixture – In 2012, LML&W installed 300 new LED light fixtures on existing wood poles utilizing Federal Energy Efficiency and Conservation Block Grant Program (EECBG). Compared with other high sodium pressure lights, LED lights are more energy efficient and cost effective. The new lights are mainly installed along Mulberry Street, E. Lake Street and Main Street. More LED lights are being installed with replacement needs. Staff is actively looking for grants when they are available.

 

Cobra fixtures/aluminum poles – This style light fixture used was used in the downtown area. The cobra head luminaire on an aluminum pole is typically only installed in conventional underground network areas. The pole is twenty feet tall. There are total 23 of this style light used in the City.

 

Cast Iron Pole with lantern style light – This is the type of street lighting used in the Commons and around the municipal building. City maintenance crews must remove failed lights and use the parts to maintain the remaining lights due to unavailability of the fixture parts. Chosen for their period appearance, these streetlights feature modern-day high-pressure sodium lamps.

 

Particular concerns when making the selections include the pole style and locations for installation:

 

Pole

 

A utility pole is a pole used to support overhead power lines and various other public utilities, such as cable, fiber optic cable, and related equipment such as transformers and street lights. LML&W uses wood utility poles for all their overhead electrical applications. The Utility has the equipment and resources to easily handle installation, maintenance and removal of wood poles. Decorative wood poles are not what the Utility normally handles. There are wood poles designed specifically for street lighting, but they have to be shorter which means more of them are needed to meet lighting illumination standards in an area. Wood utility poles tend to be the least aesthetically pleasing option. Wood pole treatments are generally not environmentally friendly.

 

Aluminum poles have a longer life than steel or fiberglass and are still light weight. They can also be painted to have the desired color. Fiber glass is light weight and has the lowest cost. Steel poles reduce may reduce installation and maintenance costs while placing dependable and appealing street light pole designs. Steel poles; however, are subject to rusting at the base limiting their life span. There are still a few steel poles in use, particularly in front of the high school, which will be replaced in this year.

 

Location

 

The existing decorative lights are typically located around the Commons in the downtown area and the Municipal Building. However, the selected decorative light fixture needs to be phased out because parts are no longer available. To make modifications, a different light fixture style may require installing new poles, new conduits and bases.

 

Public Contact 

 

Posting of the agenda.

 

Recommendation

 

Staff recommends that the Public Works Board provide feedback regarding the following goals to:

1. Review established lighting styles in the City, identify issues, and recommend improvements; and
2. Recommend lighting styles, as deemed appropriate, to address Downtown character while considering fiscal impacts pertaining to maintenance and proposed improvements; and
3. Draft Downtown Streetlight Guidelines for Council’s consideration.

 

Staff will present at a subsequent Public Works Board meeting to review a draft Design Guidelines after feedback from this meeting.

 

Attachments

I. Exhibit A – Street light location map

II. Exhibit B – Existing street light details

III. Exhibit D –Lights fixture for presentation at meeting

 

 

TID#2 Amendment #1 December 2000 memo

The Industrial Park and related TID have been taking up a lot of my time recently. The Plan Commission received a full presentation on all the issues similar to the previous Council meeting. The other players in the TID project plan have been active lately. The USACOE permit has arrived, DNR has been calling to finalize their permit, and a copy of the Drainage District’s report has been received. This seems to indicate that all the related government agencies are satisfied with the current project plan.

LMES CUP

The purpose of this Resolution is to have the Council consider granting a Conditional Use Permit to the Lake Mills Area School District for siting the Lake Mills Elementary School. The application is included in the packet. The School District is proposing to construct a new elementary school on Pine Street to replace the existing elementary school on Prospect Street. The existing school will be retained while the proposed school is under construction. Following completion of the new facility, the “old” school will be razed.

A Public Hearing concerning the requested Conditional Use Permit was held on February 26, 2013, after due notice, to solicit testimony from the public; and the Plan Commission reviewed the evidence and testimony submitted at the public hearings and considered all of the available factual evidence concerning the requested action. The Plan Commission recommended that the City Council grant said Conditional Use Permit for the subject site with the conditions listed in the resolution. The planner’s memo is included in the packet.

The adoption of this resolution awards the conditional use permit.

Budget Category 4

AGENCY: General Government

DEPARTMENT: General Administration

SUBAGENCY: Public Works - Streets

DEPARTMENT HEAD: Paul Hermanson, Director

FISCAL YEAR: January 1, 2013 – December 31, 2013

PURPOSE: To provide services to remove snow and ice accumulations on City streets.

RESPONSIBILITIES: In accordance with an annually revised Snow Emergency Plan, snow removal and ice control efforts will vary depending on the storm event. A sleet storm is an ice control operation involving salt spreaders. A less than 2" snowfall would first have salt spreaders on number "1" and “2” priority streets and then number "3" and “4” priority streets. Larger Snows (2" or more) would show an initial concentration of salt spreaders and snowplows on the number "1" and “2” priority streets in an effort to keep them open during the snow event and plowing and ice control would begin on local streets once the accumulations reach approximately 2" and the major streets are completed. When the snow storm dissipates, additional effort will be applied to number "3" and “4” priority streets.

STAFF: The budget provides for staffing during snow removal operations. The budget provides a significant percentage of overtime expense for Department of Public Works employees and other City employees as needed. A snow removal crew usually adds employees from Parks and Water Department to provide a crew of nine.

The budget assumes ten (15) 16-hour winter storms with a total accumulation of about 44-50 inches during the 2013 season. The annual average number of hours required for snow removal operations is 2,160.

PERFORMANCE: During the period of January 2012 through March 2012, we experienced 14 storms that required Department response.

The storms were a combination of ice, sleet and snow. The total for snow accumulation for the 2012 season to date is 32 inches. The total amount of salt used to combat icy conditions was 600 tons. The Department is proud of its performance record in responding to and accomplishing prompt and effective snow and ice clearing. Department performance has long been recognized as among the best in the region. The City’s salt shed has a storage capacity of 450 tons. This storage facility ensures adequate protection of salt during long-term storage and ensures that the environment of the area's watershed is protected.

FY2013: Service is being expanded to include new streets and subdivisions.

PB Signs

During a recent site plan review, it was determined that Title 10 needs to be amended to allow signage in the PB District. This was apparently an oversight from when the PB district was created in 2004. This Ordinance amends the PB District to allow signage.

The proposed ordinance has been recommended by Dustin Wolff, the City’s planning consultant, and the Plan Commission.  No one appeared at the noticed public hearing on the ordinance.  Dustin pointed out the need to make some regulations for signs in the Planned Business District, which was created after the sign ordinance was adopted, The ordinance recommended is more restrictive code than what is currently allowed under the B-3 Highway Commercial District.

While I agree that pylon signs along County Highway “V’ are unnecessary from a visual standpoint, allowing the signs along the interstate on a conditional use basis would seem to satisfy the needs of most of the businesses that would want to locate in that area. This ordinance needs to pass to allow any signage in the district and the Council may want to consider the option of requesting the Plan Commission hold a hearing on the amendment to allow pylon signs by conditional use permit.

This is the second reading because the last meeting was canceled and it’d be nice if this could be moved to the third reading.

TID#2 Evaluation

INTRODUCTION

The City created TID#2 in 1998 with the goal of furthering economic development through the establishment of a Business Park. The primary objective was to provide improved industrial parcels for development with the least expenditure possible at the earliest possible date. The City anticipated that this Business Park could yield up to 470 employees.

In November of 2000, the City started the first amendment to the Boundary and Project Plan. The amendment modified the Business Park layout and area. The Business Park includes parcels held by the City and a private developer. The City currently holds three lots that range from two (2) to seven (7) acres. The City has an offer in on one lot and is looking at building a public facility on another lot. The City would potentially not have any lots available for development by the end of 2013.

DEFINE THE PROBLEM

After a Tax Incremental District (TID) is created, the municipality may amend the TID. The area of the TID can be modified to add property served by TID improvements, or remove developed land from a TID. The project plan can be amended to include new project costs or different financing plans. The increment revenue from one TID can also be allocated to help pay debts of another TID. Finally, the life of a TID can be extended beyond the statutory maximum (which differs based on the type of TID) if existing tax increments will not pay project costs in the allowed time.

The amendment request involves territory changes that will require valuation forms that list and value the parcels and the project plan will have to be modified. This project plan would include all affected parts of the project plan, especially the financing and cash flow information.

TID#2 is now a financially successful district. The City has been the main player in the sale of land in the Park. The private developer has sold some lots, but still holds over forty (40) acres for sale. The Economic Development Commission is being asked to evaluate if the City should purchase more land and add it to TID#2 to continue encouraging industrial and business development in the community.

BACKGROUND

The City of Lake Mills started reviewing the creation of a Tax Increment District in 1997 to generate Tax Increment Financing for use in developing a business park. The City had purchased seventy seven (77) acres to stimulate industrial growth and experienced low interest in the undeveloped land. The City ultimately determined that southeastern Wisconsin had too many developed business parks to stimulate economic activity with vacant undeveloped land. This led the City to created Tax Increment Financing District #2 in 1998. The goals and objectives of the City in creating this TID were to further economic development through the establishment of a business park.  The intent was to diversify the tax base by encouraging industrial and business development in the community that would increase jobs and spending capacity and eventually would spin-off development into the rest of the community.

The discovery and delineation of a wetland, a business reduction and statute changes arose between the creation of TID#2 and early 2000 which required the City modify the original Boundary and Project Plan.

COMPREHENSIVE PLAN INFORMATION

The City of Lake Mills Comprehensive Plan (2009) lists in its land use recommendations that the City should provide sufficient area and appropriate development standards for a range of residential, commercial, industrial and civic land uses. The Plan states that nine (9%) percent of the City total area is industrial uses. Most of the industrial area is in the Lake Mills Business Park. The Comprehensive Plan concludes that the City will experience one (1%) percent commercial and industrial growth per five year period and this is based primarily on expectations for the northside and the Business Park.

Page 74, item 7 states that the City will direct intensive commercial and industrial uses to locations near existing and planned arterial roads such as the Interstate Highway 94 corridor, the STH 89 corridor north of Interstate Highway 94, Tyranena Road, and CP Avenue.

Page 100, item 1 states that the City will provide an efficient system of arterials and major collectors that provides local industrial and commercial truck traffic with the most direct access possible to Interstate 94, STH 89 and other highways.

Page 100, item 1 states that much of CP Avenue runs from north and south through mostly industrial and open areas of the City. However, it does not provide direct, efficient connections to Interstate 94 to the north or State Highway 89 to the south. As a result, through-traffic from outside of the City and truck traffic generated by the City relies almost exclusively on State Highway 89 or is forced to take less efficient, indirect routes to the east of the City. To alleviate traffic congestion on Main Street and provide a safe and efficient alternative for large trucks and through-traffic, the City’s Long Range Transportation Plan recommends improving and extending CP Avenue by improving the Intersection at Owen Street to better accommodate trucks, and extension of CP Avenue to State Highway 89 via Owen Street and Tyranena Road (See Map #7: Transportation and Community Facilities).

The Economic Development Recommendations Summary (page 133) states that the City will recruit new business and promote local entrepreneurship to expand and diversify the local economy.

Page 140, the policies state that the City will provide appropriate sites for additional commercial and industrial development near Interstate 94 and other major transportation corridors that maximize the benefit of the City’s location within the region and minimize the impact of traffic and other externalities on residential and natural resource areas of the community in accordance with recommendations of this Plan.

The policies also state that the City will continue to use TIF, State and Federal grant programs and other economic development tools to provide incentives and assistance with redevelopment of blighted, abandoned or under-utilized commercial and industrial property.

ESTABLISHING CONTEXT

After a TID is created, the City may amend the TID in numerous ways. The physical area of the TID can be modified to bring property served by district improvements into the TID, or to remove developed land from a TID and return it to the tax rolls. The project plan can be amended to include new project costs or different financing plans. The increment revenue from one TID can also be allocated to help pay off the debts of another TID. Finally, the life of a TID can be extended beyond the statutory maximum (which differs based on the type of TID) if existing tax increments will not pay off project costs in the allowed time. This section details the unique features of the different amendments, and outlines the required forms and procedures.

The procedures to adopt an amendment to a TID are largely similar to those for creating the TID. The steps described here apply to each type of amendment (territory, project plan, or allocation). Extensions to the maximum life are slightly different, and special details for that amendment can be found at the end of this section.

The boundaries of a TID can be expanded as long as three requirements are met. First, the addition must be contiguous to the TID. Second, the equalized value limit must be observed. Third, the newly added territory must be served by the improvements in the district's project plan. Each TID can add territory up to four times during its life.

DOCUMENTED EVIDENCE

District#2 is an industrial district south of Lake Street and east of CP Avenue. The financing for TID#2 is bonds guaranteed by the full faith and credit of the City

TID #2 has an incremental value of $11,666,500.  When created, the property within the District was valued at approximately $11,445,700.  Total value today is approximately $23,112,200.

DECISION

The EDC may want to start developing a plan for expansion of TID#2.

TID#5

INTRODUCTION

The EDC has determined that a potential Railroad Corridor Redevelopment Area is located in the south quadrant of the City of Lake Mills. The planning area is bounded by the City’s boundary to the south, the east property line of Rotary Park to the west, property lines behind the businesses to the east of Main Street, and Columbus Street to the north.

The City Council budgeted funds in the 2013 Budget to complete TID Project Plan. In order to create a TIF district, the City must formulate a detailed project plan for the development of a specific geographic area called a tax incremental district (TID). Once the project plan and the boundaries of the TIF district are approved by the Council, local assessors and the Wisconsin Department of Revenue (DOR) determine a year-one ‘base value’ for all property within the TID. As the city and/or developer make improvements in the district (e.g., upgrading roads, adding sewer service, providing incentives to developers, rehabilitating old buildings, remedying brownfields), the TID’s property value increases. Taxes on all property value growth above the base value—on what is known as the ‘value increment’—are used to pay off the costs of the developer’s improvements.

The purpose of this memo is to assist the EDC with reviewing the Consultants proposed fees and making a recommendation to the Council regarding the consultant’s agreement.

BACKGROUND

A majority of the structures in the redevelopment area are residential or commercial, and there appears to be a predominance of buildings that are deteriorated, obsolete, and some that possess inadequate provision for ventilation, light, air, and sanitation. Many of the residential and commercial building façades show substantial deterioration, and a strong case can be made that the potential Railroad Corridor Redevelopment Area is in a condition consistent with Wisconsin State Statutory definitions of a blighted area.

Commercial uses within the planning area are generally concentrated along Main St. and Sandy Beach Road. Residential uses are concentrated along Columbus Street and along the west side of Main Street. Some of the residential uses are intermingled with commercial parcels.

There are two different public entities that own property in the redevelopment area. The WI DNR maintains ownership of the rail line right of way and railroad depot as the Glacial Drumlin Bike Trail. The Town of Lake Mills currently maintains their Town Hall on the west side of Main Street.

Located adjacent to the west side of the redevelopment area is Rotary Park.  Rotary Park is a public park in the City of Lake Mills. The park is 8 acres dedicated to active recreational use. Active recreational uses include two lighted softball diamonds, lighted basketball courts, a tennis court, a picnic shelter, play equipment, concession stand, and parking.

There are at least four sites listed with environmental issues. The DNR list these areas as having groundwater and soil contamination issues.

HISTORY

Back in the 1880’s, the Chicago and Northwestern Railroad found a flat route through the moraine and drumlins in southeastern and central Wisconsin and located a railroad line and depot just south of Lake Mills. In 1975 the Wisconsin Public Service Commission held a public hearing that authorized the closing of the local depot. The Depot is now used by the DNR.

The buildings and related businesses that developed in this area were generally related to the railroad. Northwestern Hotel was built in 1903, presumably as a railroad hotel. The building is now owned by J & J management and used to be a restaurant that catered to Sandy Beach vacationers. The restaurant building has been vacant since the fire and is under a raze order. There is the cattle barn which is now used as a warehouse, a feedmill and some storage buildings that were also constructed to take advantage of the railroad.

The gas station, fastfood building and car wash were a building which took advantage of car traffic to the beach that although still high, is no longer high enough to support those types of businesses. The conditions that originally supported these businesses have changed and the conditions these businesses need to survive have changed. The buildings have been generally converted to other uses. The uses and conditions of these structures make a strong case for a Railroad/Bike Trail Corridor Redevelopment Area.

ISSUES

In order to create a TID, the City and proposed project must meet three primary criteria in the State of Wisconsin:

1. The base value of the proposed TID plus the value increment of all other districts in the municipality cannot exceed 12 percent of the equalized value of taxable property in the municipality. This is the primary oversight provided by the Department of Revenue and serves to prevent the City from mortgaging too much of its future property tax growth in TIF districts.
2. At least 50 percent of the land in the proposed district must meet one of the following criteria: a.) blighted; b.) in need of rehabilitation or conservation work; c.) suitable and zoned for industrial development; or d.) suitable and zoned for mixed-use development. Additionally, the municipality must provide proof that the project will increase the value of all other property in the district.
3. The municipality must convene a joint review board consisting of members from each overlying tax district and one public representative. This joint review board evaluates the specifics of the TID project plan, including: whether the land within the TID is as characterized, the proposed boundaries of the TIF districts, the TID financing plan and expected expenditures and costs. Joint Review Boards have the power to approve or deny TIF districts based on the following criteria:
• Whether the development expected in the TID would not occur without the use of TIF (commonly referred to as the ‘but for’ test).
• Whether the economic benefits, as measured by increased employment, business and personal income and property value, are sufficient to compensate for the cost of improvements.
• Whether the benefits of the proposed plan outweigh the costs, in taxes on the value increment, to the overlying tax districts.

The Consultant is paid to determine the eligibility of the proposed area for designation as a Tax Increment Financing District (TIF), prepare a Redevelopment plan under applicable State of Wisconsin law as noted above and manage the approval process to a final determination.

The Potential Costs of TIF

Because TIF districts pay for improvements through future tax revenues, many people consider TIF ‘getting something for nothing’. This is simply not true. In fact, using TIF carries significant costs, beyond just the dollar value of improvements made in the district. These costs fall into five general categories:

1. Direct Costs: When most people discuss the cost of a TIF district, they are referring to direct costs. Direct costs are the costs of the physical improvements (including labor costs) within the district, the administrative costs of managing the district, the costs of any consultancies and/or developer incentives and the costs of financing all these expenditures.
2. Service Costs: Generally not included in TIF accounting, cities have the potential of taking on new service costs during the life of each TID. New development may increases demand for city, county, and school district services—demand not accompanied by increases in tax revenue to provide these services. For instance, new jobs can generate new subdivisions that will send more kids to school; require additional snow and trash removal; and need more road maintenance. Providing these services is costly and, over the full life of a TID, can add up to millions of dollars.
3. Fixed Tax Base Costs: Fixed tax bases result in the loss of tax revenue on private development that would have occurred without TIF. If the ‘but for’ test could be administered with 100 percent accuracy, the fixed tax base cost of a TID would be zero. Through the last two decades, the property included in TIF districts typically generated some form of privately-funded development over the TID’s life without any subsidy. If those properties had not been included in a TID, local taxing jurisdiction would have received taxes on these developments immediately instead of it being diverted to pay off TID project costs. Since 2008, most existing properties within TIDs have been devaluing and the City must focus on guaranteed increment.
4. Opportunity Costs: Using TIF also imposes opportunity costs on cities in two ways. First, by approving one project plan for TID development, cities eliminate the opportunity to develop that piece of land in a different manner. For example, if a project plan allocates TIF funds for the creation of an entertainment district, it eliminates the possibility of developing that land into an industrial corridor. Second, when one TID is created, it limits the municipality’s ability to use TIF elsewhere within the community, because state law limits the amount of property value which municipalities can include in TIF districts.
5.  Negative Externality Costs: Improper planning and land use is costly to a community. As a development tool, TIF can contribute to these costs when used unwisely. If TIF is used to subsidize development on the urban fringe it could contribute to sprawl, congesting commuter corridors and increasing pollution. If TIF lures businesses away from dense urban centers, it contributes to the spatial mismatch between jobs and employees, simultaneously creating labor shortages and unemployment. Likewise, if TIF is used to attract employers that do not pay living wages, the public bears the cost of wage supplements and social services for the working poor.

Potential Benefits of TIF

The City has to measure the benefits of a TIF project plan by estimating how much new property value will be created in the district. The use of TIF funds can also be used to leverage a wide range of benefits, beyond just property value growth. Understanding the full range of benefits that TIF use can create helps joint review boards better assess whether a project’s costs outweigh its benefits.

1. Increased Property Value: For TIF to work, it must create new property value within the district. The taxes on this new property value pay for the expenses incurred by the District and, once all costs are repaid, the public benefits by having new property value added to the tax rolls, which hopefully allows the City to maintain levels of services or reduce the tax rate.
2. Employment: In addition to adding property value, TIF is used with the anticipation of creating new jobs. Adding new jobs to the community creates new consumer income, which is then reinvested in local businesses. But not all job-creating projects are equally beneficial. Projects that create living-wage jobs accessible to unemployed or underemployed individuals generate larger net gains in consumer income and reductions in demand for various forms of public assistance than do projects that create low-wage jobs with no opportunities for advancement.
3. Catalyzing Further Development: TIF assisted developments can also benefit the community by acting as a catalyst for further projects. Projects which demonstrate the viability of a new market often spur future investment and eventually add property value well beyond that created in the first project. Also, providing TIF funding for small projects that can lead to much larger ones—for example, small business startup programs or business incubators—can leverage greater benefits for the community down the road.
4. Leveraging Other Monies: TIF can also be used to fill financing gaps in projects that can leverage other monies, such as matching federal/state grants or foundation dollars. Likewise, TIF can be used to match business expenditures for value added upgrades to their buildings and sites, leveraging greater consumer investment in city. Using TIF to leverage other funds increases the amount of benefits generated per TIF dollar spent.
5. Positive Externalities: Positive externalities are the beneficial side effects of TIF use. For example, developments constructed to modern building standards can reduce demand on overstressed power grids, fire services and wastewater treatment facilities. Likewise, TIF projects that have invested in complete streets can help reduce commuter traffic on congested roadways.

The most powerful economic development tool available to local governments in Wisconsin is tax incremental financing. Tax incremental financing allows the City to fund economic development projects by capturing the increased property tax revenue stemming from these projects and is the single largest economic development program in the State of Wisconsin.

RECOMMENDATION

The EDC’s review and determination to date indicates that the area has been in a long running state of deterioration. The area is in need of rehabilitation work and suitable for mixed-use redevelopment. Additionally, I believe that the consultant can provide a rational determination that the project will increase the value of all other property in the district.

I recommend the EDC ask the Council to approve the hiring of the consultant to complete the determination of the eligibility of the proposed area for designation as a Tax Increment Financing District (TIF), prepare a Redevelopment plan under applicable State of Wisconsin law as noted above and manage the approval process to a final determination.

Sidewalk Public Hearing and Resolution

The Wisconsin statutes prescribe the procedures which cities must follow to specially assess property for local improvements. The Wisconsin Supreme Court, discussing special assessment procedures, has stated that "[t]he power of a municipality to levy an assessment against a private owner is one which exists by right of statute, and the restrictions of the statute must be met if the assessment is to be deemed valid." Elaborating on this point, the court has further declared that "[a] special assessment, to be valid, must be levied pursuant to and in strict compliance with the statutory powers of a municipality." Municipal statutory powers to impose special assessments include both the complete procedure set forth in §66.0703 of the Wisconsin Statutes (hereafter "Stats.") and the power to adopt an ordinance setting forth a local special assessment procedure under §66.0701, Stats. Chief among the requisite procedures are notice and hearing. Failure to comply with mandated procedures may result in the voidance of the special assessment.

The Council passed a preliminary Resolution their first meeting in February that set Cass Place and Gladstone Way as the 2013 Sidewalk Installation Project. The Capital Budget has Cass Place/Gladstone Way as the 2013 sidewalk special assessment project. The engineers have provided information related to the construction issues related to the project which is included in the packet. The Public Works Board reviewed the options related to the project area. The Public Works Board has recommended approving the project with the same financial requirements as last year’s project.

City councils are sometimes required by state law to hold public hearings. Since the issues addressed in these public hearings are frequently contentious, may involve due process rights of private parties, and generate litigation, it is important to know and follow proper hearing procedures. Because these procedures are not generally spelled out in the statutes that require hearings, there is no ready guide for public bodies to follow when conducting hearings.

Although a public hearing is also a public meeting, the main purpose of most public hearings is to obtain public testimony or comment. A public hearing may occur as part of a regular or special meeting, or it may be the sole purpose of a special meeting, with no other matters addressed.

There are two types of public hearings, legislative and quasi-judicial, and it is important to understand the distinction between them. The purpose of a legislative public hearing is to obtain public input on legislative decisions for matters of policy. Legislative public hearings are required by state law when a city addresses such matters as comprehensive land use plans or the annual budget. Legislative public hearings are generally less formal than quasi-judicial public hearings. They do not involve the legal rights of specific, private parties in a contested setting, but rather affect a wider range of citizens or perhaps the entire jurisdiction. The wisdom of legislative decisions reached as a result of such hearings is not second-guessed by the courts; if challenged, they are reviewed only to determine if the decision was constitutional or violate state law.

On certain controversial legislative issues, it can be important to conduct a thoughtful public process in advance of any public hearing. Hearings often occur late in the process and may leave citizens with the impression that local officials do not want to hear their ideas. Council chambers are formal and can be intimidating to citizens who are not accustomed to public speaking. The format of hearings often leaves little, if any, room for reasonable discussion, give or take, or response to prior testimony. 
The City has made an effort to involve citizens in the early stages of the special assessment process. The Public Works Board held an informal public hearing to make sure there was plenty of opportunity for people to get answers to questions and a FAQ document was provided with their notice of public hearing. This is not a requirement of a formal public hearing. Good public process can be time consuming and expensive. However, these processes increase the potential to arrive at solutions that have strong support in the community.

Because legislative hearings are generally informal, the main concern is to provide an opportunity for all attending members of the public to speak if they so desire. Time limits should be placed on individual comments if many people are intending to testify, and the public should be advised that comments must relate to the matter at hand. Order and decorum should be maintained at all times. The "ground rules" for the conduct of the hearing should be stated by the chairperson or presiding official at the beginning of the hearing.

Council members should be prepared! Review the City’s ordinances, policies, budgets and supporting documentation, and any staff-prepared documents and recommendations prior to the hearing. Have clear ground rules for conducting the hearing. Keep order in the hearing, limit testimony where necessary, but maintain an impartial attitude during the hearing phase of the agenda. 

The Council passed a preliminary resolution (13-02) that set Cass Place/Gladstone Way as the 2013 Sidewalk Installation Project. The Capital Budget has had Cass Place/Gladstone Way as the 2013 sidewalk special assessment project for five years. The engineers have provided information related to the construction of sidewalks on the Cass Place/Gladstone Way. The PWB reviewed the information at their December meeting and decided to recommend the project.

The Council’s Strategic Plan in the Community Livability/Sense of Place section of the Dialogue for the City’s Future, facilitated by Steven Grabow, provides the goal of a hope for the ability to bike and walk to school, stores, other attractions (connections throughout the City). Prior memos reviewed the Comprehensive Plan and Transportation Plan policies regarding sidewalks.

The Public Works Board held an informal public hearing on the special assessment project to identify issues that can be corrected before the final official public hearing at the City Council. The project involves construction of approximately 2,700 lf of sidewalk on both sides of Cass Place/Gladstone Way from Topeka Drive to Brewster Drive. The project plans are included for your review at this meeting before the scheduled public hearing.

This Resolution meets the requirements needed to special assess for the sidewalk project. I have included the PWB motion which can be used to amend the resolution.

If this resolution passes, we must meet the municipal statutory requirements to impose special assessments which include both the complete procedure as set forth in §66.0703 of the Wisconsin Statutes (hereafter "Stats.") and the power to adopt an ordinance setting forth a local special assessment procedure under §66.0701, Stats. Chief among the requisite procedures are notice and hearing.

It's Rotten

INTRODUCTION

The purpose of this memo is to look at the issues of planning, sitting, designing and operating composting facilities. It will be useful to the decision-makers, managers and potential operators of the facility, as well as to citizens who are interested in the composting process. The memo discusses several approaches to composting and outlines the circumstances in which each method should be considered.

The memo will discuss whether a composting operation should be designed according to the need and resources of the community. For example, a municipal composting effort can entail simply collecting yard trimmings on a seasonal basis and using a simple “windrow and turn” technology to produce the compost, or it can mean siting and designing a large facility that is capable of handling several tons of mixed municipal solid waste.

BACKGROUND

Composting is considered to be a form of recycling. Like other recycling efforts, the composting of yard trimming and solid waste can help the municipality dispose of solid waste that can’t be sent to a landfill or incinerator. Composting also yields a valuable product that can be used by farmers, landscapers, horticulturists, government agencies, and property owners as a soil amendment or mulch.

Composting is the manipulation of the natural aerobic process of biological decomposition of organic materials to increase the decomposition rate. This process is carried out by successive microbial populations that function under increasing temperatures to break down organic materials into carbon dioxide, water, minerals, and stabilized organic matter. The compost product improves the condition of soil reduces erosion, and help suppress plant diseases. Simply piling up leaves and allowing them to slowly decompose is not composting.

Since January 1993, state law bans yard waste—leaves, grass clippings, garden debris, and twigs, brush, and branches smaller than six inches in diameter—from landfills and most incinerators. This law does not apply to stumps, roots or shrubs with intact root balls, or incinerators which burn waste to recover energy.

The primary motivation for composting wastes is the law that prevents landfilling in the typical landfill. There are privately permitted landfills that may accept yard waste, but require dumping fees. The City is currently landfilling at the old Conservation Club, which is now the County Sheriff’s shooting range on CTH “V” near E. Mills Drive. The site was permitted for landfilling in 2004 and the city has used the site since then. The city previously hauled to a facility in Waterloo and paid a dumping fee. The cost in labor, equipment, gas and fees was substantial and hauling to the local site saved thousands of dollars. The County site will fill up in a couple of years and the Council needs to consider what options will be the best alternative for disposing of the yard waste materials.

Neighborhood composting facilities for grass, leaves, yard waste and food scraps which do not exceed a volume of 50 cubic yards of compost at one time need no DNR license or approval, provided the operation is nuisance free and certain performance standards are met.

Community yard waste compost facilities that handle between 50 and 20,000 cubic yards of material on the site at one time are licensed by the Regional DNR office for that area. These facilities must meet location, performance and reporting requirements set by DNR administrative code. All yard waste compost facilities that exceed 50 cubic yards at one time must be licensed by the department, regardless of when they opened for operation.

Yard waste compost facilities that handle more than 20,000 cubic yards of waste at one time are approved and licensed through the DNR central office and must meet the requirements for such facilities set by DNR administrative code.

When considering any type of composting effort, councilmembers must plan ahead to avoid potential obstacles that could hinder the operation. The most common challenges are siting the facility, ensuring that the facility is properly designed, mitigating and managing odor, controlling bioaerosols and investing adequate capital to cover unforeseen costs. Councilmembers should seek to understand and prepare for the challenges of potentially developing a composting program.

Yard waste (i.e., leaves, grass clippings, and shrubbery and tree prunings) at one time comprised an estimated 12 percent of the municipal solid waste (MSW) that was being buried in America’s landfills. During the peak grass clipping and leaf collection months of the spring and fall, that represented more than 50 percent of the MSW stream in some locales. Local governments in Wisconsin are required to enacted yard-waste disposal bans to increase the lifespan of landfills. Yard wastes should not be landfilled because they are relatively clean, biodegradable materials that can be recycled for soil improvement and other agricultural uses. A further advantage of recycling yard wastes is that they are easy to separate from the rest of the MSW stream at their point of origin.

Income from the sale of the finished product and saving the cost of purchased compost are potential financial incentives for setting up a composting operation. Considerable market research is necessary before entering the compost sales business because supply and demand is site specific.

An environmental benefit of composting rather than landfilling yard wastes is the reduction in the amount of methane, a greenhouse gas, released into the atmosphere. When organic materials decompose anaerobically in a landfill, they produce methane. When they decompose aerobically through composting, they do not. EPA estimates that increasing the national recycling rate to 35 percent from its current level of 28 percent would reduce greenhouse gas emissions by another 9.8 million metric tons of carbon equivalent.

While there are benefits to composting, waste-handling facilities (including yard-waste composting operations) can raise public concerns. Nearby residents should be alerted and educated early in the process of planning a yard waste composting facility. Well-educated and informed citizens often become the most vocal supporters for a composting facility.

ISSUES

When planning a municipal yard waste composting program, the following areas need to be addressed: quantity of material, equipment, material collection, facility siting, staffing, public education, and marketing/end use.

1.    Quantity of Material: Determining the amount of yard waste that will be available can be done through the use of established generation rates or actual weight studies. Since yard waste does not occur at a constant rate throughout the year, care must be taken in the analysis of collected data. In most cases, existing generation rates should be adequate.

2.    Equipment: Equipment for a composting program must be able to handle movement, turning, watering, screening, and monitoring of the material. Specialized equipment is available for collection and windrow turning, but is not necessary. The use of a screen does, however, create a uniform sized material which helps in the marketing of the end product.

3.    Material Collection: Collection of yard wastes for a municipal program can be separated into three categories: dropoff, curbside pickup in bags or other containers, or bulk pickup where the leaves are collected loose off the street. If bags are to be used for collection, it is advantageous to use biodegradable plastic or paper. This type of bag can be shredded and mixed into the compost while non-degradable plastic bags must be removed prior to composting. Bulk collection requiring the material to be scooped, raked, swept or vacuumed off the street, can be slow and may contain contaminants from the street. The choice of collection methods should be determined by cost, convenience, household participation rate, and the amount and type of yard waste to be collected.

4.    Facility Siting: Land requirement will be dependent on the volume of yard waste to be collected and the level of technology to be employed. As the level of technology increases, the amount of land required for processing decreases. In general, one acre of land can support 4,000 to 6,000 cubic yards of loose material. Criteria to be considered for a composting site are: location, size accesibility, soil drainage, surface water, topography, buffers, and security. It is important that the site be adequately sized to handle all of the current and future material that will be received at the facility.

5.    Staffing: A staff that is dedicated and that understands the material and the composting process is needed to ensure a successful program. Of the staff's responsibilities, the areas of windrow monitoring, recordkeeping, and quality control are the most important.

6.    Public Education: Education is a vital component of any successful composting program. Education and promotional programs should start as soon as the planning process is initiated. The information should answer these basic questions: what, when, why, how and where. Information can be distributed in a number of different manners with each targeting a different audience. Education should not stop once the program has started, but be a continuous process with updates and reminders to maintain interest and participation.

7.    Marketing/End Use: There are a number of uses for compost. As a soil amendment, it improves the texture, porosity and water holding capacity; it also increases the organic content of the soil. For mulch, it is placed around plants to suppress weeds, modify soil temperature, and conserve soil moisture. On slopes, it can be used for stabilization and reducing soil erosion. In a greenhouse or nursery, it can be used as one of the components of a potting soil mix.

The product can be given away, sold, or traded to residents, landscapers, nurseries, greenhouses, and local governments. It is usually distributed in bulk with pick up at the composting site by the user. As with any product, the higher the quality, the easier it is to market. Nurserymen and landscapers are more apt to reject a product with extraneous material in it, so if they are to be a major outlet for the compost, they should be contacted in the initial planning stages to ensure that an acceptable product is produced.

CONCLUSION

Once the Council has clearly defined the goals of its program, it will be easier to evaluate available technologies and determine the role that composting will play in the community’s overall management strategy. In addition to goal-setting is important to evaluate the economic and technical feasibility of composting in the context of other waste management techniques, such as landfilling and incineration, to determine which alternatives are most suitable for the community The costs and benefits of each option as well as relevant political and public opinion considerations can be evaluated to ascertain which mix of solid waste management approaches will best serve the community

State Process

The purpose of a legislative agenda is to allow the Council to express a uniform position on a number of local and statewide legislative subjects with the Wisconsin General Assembly. It is recommended that the Council identify their top 2013 State legislative priorities for placement in the attached Resolution. The Resolution has been prepared to tentatively reflect the Council’s interests in local and statewide legislative matters for the 2013 Session of the General Assembly.

The Council should make any adjustments to the Resolution at this meeting for passage at the March 19^th meeting. Once the Resolution is formally adopted, it will be forwarded to our representatives’ and a meeting will be set up.