#02 Approve funding and ownership of Westgate Corridor entrance sign (File Res. #2010-700)
Community Development Department Memorandum
Date: May 10, 2010
Janesville City Council
TO:
FROM: Duane Cherek, Manager of Planning Services
SUBJECT: Action on a proposed resolution authorizing the Common Council to fund,
accept ownership and allow placement of a “Westgate Corridor” entrance sign
located in the median of West Court Street between North Washington Street
and the 5-points intersection (File Resolution No. 2010-700).
_____________________________________________________________________
Summary
Duke Kelly, on behalf of Westgate Group, has requested the placement of a monument style
ground sign identifying the “Westgate Corridor” within the median portion of West Court
Street, situated between North Washington Street and the 5-points intersection. The
monument sign would symbolize the entryway to the west side business corridor and
neighborhood. Final design plans for the project are completed and the Westgate Group
requests that the City fund the purchase and installation of the sign, and allow for its
placement in the public right-of-way near five points. Funding in the amount of $11,113 is
requested. Upon installation, ownership of the sign would remain with the City while long-
term maintenance would be the responsibility of the Westgate Group. Staff has determined
that the proposed location for the sign is appropriate and would cause no adverse impact on
traffic flow or visibility. In order to accommodate Westgate’s request, the City Council must
authorize funding, accept ownership and placement of the sign in the public street right-of-
way for West Court Street.
Department Recommendation
The Plan Commission and Community Development Department recommend that the City
Council support a motion to approve Resolution 2010-700 authorizing the Council to fund,
accept ownership of, and allow placement of a “Westgate Corridor” entrance sign located in
the median of West Court Street between North Washington Street and the 5-points
intersection.
City Manager Recommendation
While I am supportive of the sign in concept. I am concerned that currently we do not have
a funding source and if the TIF did not receive additional increment in the long-term to cover
the expense, it would result in a General Fund expense.
Suggested Motion
I move to approve file resolution 2010-700 authorizing to fund, accept ownership of, and
allow placement of a “Westgate Corridor” entrance sign located in the median of West Court
Street between North Washington Street and the 5-points intersection.
ANALYSIS
A. The Westgate Corridor is a “coalition of residents, businesses, property owners and
community leaders who are interested in promoting a healthy and stable
neighborhood through positive community interactions, strong neighborhood
networks, education about neighborhood problems and opportunities and positive
action”. The Westgate Group would like to install an entryway sign near the 5-points
intersection within the median on West Court Street (see attached Exhibit A). The
sign would identify an entry point to Janesville’s west side. This is the first request
the City has received to install a “gateway” sign within a public right-of-way. The
group is also requesting TIF District funding in the amount of $11,113 for the
construction and installation of the sign.
B. The proposed sign is one-sided and would be oriented to face east, viewable to
westbound traffic only. The sign would be centered in the median and setback
approximately ten feet from the curb on both the north and south sides. It is a
monument style ground sign, constructed of two brick pillars, separated by a sign
panel displaying the “Westgate Corridor” logo (see attached Exhibit B). The overall
structure would be approximately 6 feet in height by 11.8 feet in width (70 square
feet); however, the actual advertising area would be approximately 2.5 feet in height
by 9 feet in width (22 square feet). The City’s Traffic Engineer has reviewed the
proposal and determined the location to be appropriate. The Engineering
Department indicates the sign would cause no adverse impact on traffic flow or
visibility.
The sign face is designed to be reflective and therefore no lighting is proposed for
the sign. The structure is also designed to be “maintenance-free” without any
landscaping placed around the base of the sign. Instead, the proposal includes
placement of horizontal brick pavers which form a rectangular shape around the base
of the sign. The pavers would be installed flush with the ground to facilitate easy
mowing around the sign.
C. Staff has prepared Resolution No. 2010-700 which outlines accountabilities for the
sign, such as authorization for funding, placement, installation and maintenance.
Westgate has requested that TIF funding be utilized for this project. This portion of
West Court Street is located in TIF 28. The proposed gateway sign represents an
eligible TIF expenditure based on the approved Project Plan for TIF 28 which
included decorative signage for the West Court Street entrance. However, TIF 28
currently has a negative fund balance and funding this improvement would result in
additional borrowing. Staff estimates that the cost associated with incurring $11,113
of new debt would be approximately $2,750 (over a 10-year period). The desired
location of the gateway sign is also located within ½ mile of TIF 31 (along W. Court
Street) but such improvement costs do not qualify as an eligible expenditure in that
district because signage was not identified in the project plan for TIF 31.
D. The Sign Ordinance prohibits the installation of any privately owned signs to be
installed in the public right-of-way; however, “public signs” such as those which
welcome people to the city are allowed by ordinance standards. Accordingly, staff
recommends that ownership of the sign should be held by the City and the City
should be responsible for general maintenance around the sign, such as lawn care.
Future replacement, repair or maintenance of the sign would be the responsibility of
Westgate. Additionally, if the City determines that removal of the sign is necessary
due to inadequate maintenance or if the sign conflicts with future use of the right-of-
way, the resolution includes language that authorizes the City to do so.
E. The Comprehensive Plan includes a section that addresses the West Court Street
corridor. This consists of a focus area plan which serves to promote revitalization of
the West Court Street commercial corridor and establish continuity of use,
appearance and image. The plan identifies enhancement of the gateway to the west
side. In this regard, the request to install a sign in the proposed location is
consistent with the Comprehensive Plan.
F. The Community Development Department supports granting the request with those
conditions listed in Resolution No. 2010-700 and as recommended by Plan
Commission. Engineering’s review of the request identified no conflict to traffic,
safety or visibility. Staff believes the sign would be an attractive and distinctive entry
point to the west side and its proposed location within the median is appropriate.
Since this is the first example of this type of signage request to come before the
Council, staff anticipates it may prompt interest from other groups in the central city
neighborhoods or downtown to make similar requests.
IV. PLAN COMMISSION ACTION – APRIL 5, 2010
Duane Cherek, Planning Services Manager, presented the written staff report.
Commissioner Zolidis asked if this is the first sign of this type that the city has
approved, if it would be setting a precedent and if other neighborhoods may be
requesting such a sign. Cherek stated that other than the Welcome to Janesville
sign, this is the first gateway monument style sign that’s been proposed and that
inner-city neighborhood or downtown groups may be interested in doing the same
thing. Commissioner Zolidis stated that she wanted to make sure it would be
available to other groups as well.
There was a motion by Commissioner Voskuil with second by Commissioner Perrotto
to approve the request to install a monument style sign identifying “Westgate
Corridor” within a public right-of-way and forward a positive recommendation to the
City Council noting that the Plan Commission has not considered the financial
aspects of this transaction and subject to the following conditions:
a. That the sign be constructed in accordance with the submitted design and the
proposed site plan.
b. That sign permits be obtained for the installation by a City of Janesville
licensed sign erector.
c. That the structure be sealed with an anti-graffiti agent to protect the sign from
vandalism.
The motion carried on a 5-0-0 vote.
cc: Jay Winzenz
Brad Cantrell
RESOLUTION NO. 2010-700
A resolution authorizing the Common Council to fund, accept ownership of, and
allow placement of a “Westgate Corridor” entrance sign located in the median of
West Court Street between North Washington Street and the 5-points
intersection.
WHEREAS,
Wis. Stat. § 66.0425 permits the Common Council to grant a privilege to
place an obstruction within a highway within the City of Janesville; and
WHEREAS,
such privilege may be granted if the applicant assumes primary liability for
damages to person or property by reason of the granting of the privilege, is obligated to
remove an obstruction or excavation upon 10 days’ notice by the state or municipality,
and waives the right to contest in any manner the validity of Wis. Stat. § 66.0425 or the
amount of any compensation charged for such privilege; and
WHEREAS
, the City of Janesville, a Wisconsin Municipal Corporation located in Rock
County, Wisconsin is the owner of property that consists of public street right-of-way for
West Court Street located between North Washington Street and USH 51 (hereinafter
5-points intersection); and
WHEREAS
, the Westgate Group has requested that the City allow a gateway entrance
sign to be constructed within the West Court Street median located between North
Washington Street and the 5-points intersection, as more specifically identified on
Exhibit A; and
WHEREAS
, the Westgate Group has requested that the Common Council authorize
funding for the project in the amount of $11,113.00 as a TIF District 28 expenditure; and
WHEREAS
, the approved project plan for TIF 28 calls for installation of decorative
signage along West Court Street to define a more visible entrance into this corridor; and
WHEREAS
, the City Community Development, Engineering, and Public Works
Departments have determined that the location of the proposed sign does not conflict
with the current or known future use of city-owned right-of way area in this area; and
WHEREAS
, the City Plan Commission reviewed this request at their April 5, 2010
meeting without considering the financial aspects of this transaction and recommended
approval conditioned upon the sign being constructed in accordance with the submitted
design and proposed site plan, sign permits be obtained for installation by a City of
Janesville licensed sign erector, and that the structure be sealed with an anti-graffiti
agent to protect the sign from vandalism; and
WHEREAS
, the City of Janesville is acting as the applicant on behalf of the Westgate
Group for the privilege to allow placement of the sign in the public right-of-way; and
WHEREAS
, the Common Council of the City of Janesville accepts ownership of the
gateway entrance sign to the City; and
WHEREAS,
the City of Janesville will provide ongoing general maintenance around the
sign in accordance with typical maintenance standards (i.e. mowing) provided for
median right-of-way areas.
NOW THEREFORE, BE IT RESOLVED THAT THE COMMON COUNCIL OF THE
CITY OF JANESVILLE
agrees to fund, accept ownership, and allow placement of the
gateway entrance sign located in the median of West Court Street between North
Washington Street and the 5-points intersection, subject to the following conditions:
1. That the sign be constructed in accordance with design plans submitted by the
Westgate Group, acting as general contractor for the project.
2. That Westgate Group is responsible for locating all underground utility services in
the construction area prior to any excavation or construction activity.
3. That Westgate Group shall comply with all City of Janesville general ordinances
regarding the construction and installation of the sign within public right-of-way,
including any and all applicable City of Janesville permits for excavation and
installation.
4. That a sign permit be obtained for the installation by a City of Janesville licensed
sign erector.
5. That the structure be sealed with an anti-graffiti agent to protect the sign from
vandalism.
6. That Westgate Group is responsible for any damage and associated cost of
repair to the sign.
7. That Westgate Group shall agree that the City shall not be held responsible for
any damage to the sign that may be caused by the City, its employees,
contractors, or others.
8. That the City may remove the sign for any reason deemed necessary, including
but not limited to: unsatisfactory maintenance of the sign, planned street
improvements, protection of public health and safety, or transportation purposes.
9. That the City assumes primary liability for damages to person or property by
reason of the granting of the privilege.
10. That the City is obligated to remove the sign upon 10 days’ notice by the State of
Wisconsin or City of Janesville.
11. That the City waives the right to contest in any manner the validity of Wis. Stat. §
66.0425 or the amount of any compensation charged for such privilege.
BE IT FURTHER RESOLVED
that the City Manager and City Clerk of the City of
Janesville are hereby authorized to negotiate, draft, enter into, and execute, on behalf of
the City of Janesville, the proposed authorization between the City and Westgate
Group, and prepare and file such other documents, forms, and papers pertaining to this
transaction as may, from time to time, be necessary or desirable to effectuate the intent
of this resolution.
ADOPTED:
Motion by:
Second by:
Councilmember Aye Nay Pass Absent
APPROVED:
Brunner
McDonald
Perrotto
Eric J. Levitt, City Manager
Rashkin
Steeber
ATTEST:
Truman
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
Assistant City Attorney
Proposed by: Community Development
Prepared by: Community Development &
Assistant City Attorney