#5 Approve MOU with Town of Rock (File Res. #2010-747)
Community Development Department Memorandum
Date: November 22, 2010
TO: Eric Levitt, City Manager
FROM: Duane Cherek, Planning Services Manager
SUBJECT: Action on a proposed resolution approving a Memorandum of
Understanding between the City of Janesville and Town of Rock
(File Resolution No. 2010-747)
_____________________________________________________________________
Summary
Rock County is in the final stages of developing a Purchase of Agricultural Conservation
Easement (PACE) Program. As part of the program, all parcels located within ¾ of a mile
of the existing City limits would be ineligible to participate in the Purchase of Agricultural
Conservation Easements. The MOU would allow ineligible parcels located in the Town of
Rock to apply for inclusion in the PACE Program upon receipt of a letter of support from the
City. Under the terms of the MOU, the City agrees to support future applications for the
purchase of development rights, if submitted, on property located in the Town west of the
STH 11 Bypass.
Department Recommendation
The Community Development Department recommends that the City Council adopt
Resolution No. 2010-747, which will authorize the City Manager to enter into a
Memorandum of Understanding with the Town of Rock to allow lands located west of the
State Highway 11 Bypass to be eligible for the Rock County PACE Program.
City Manager’s Recommendation
The City Manager supports adoption of this resolution due to it being consistent with the
intent of the 1992 Highway 11 Bypass agreement.
Suggested Motion
I move to approve Resolution No. 2010- 747 authorizing the City Manager to enter into a
Memorandum of Understanding with the Town of Rock to allow lands located west of the
State Highway 11 Bypass to be eligible for the Rock County PACE Program.
Background
Over the years, the City of Janesville and Town of Rock have maintained a long-standing
relationship regarding land use, transportation and providing logical municipal boundary
adjustments. In 1992, the City entered into an agreement with the Town of Rock to
establish the State Highway 11 Bypass Corridor and provide for the extension of public
utility services to properties in the Town. The STH 11 Bypass Agreement also recognized
that farm lands located in the Town west of the proposed bypass were zoned and used for
agricultural purposes, and should be preserved from premature urban development to
allow farming to remain as a viable occupation in the Town. More recently, Comprehensive
Plans adopted by both the City and the Town reflect the preservation of agricultural lands in
these areas. However, parcels located west of the STH 11 Bypass under the proposed
Rock County PACE Program would become ineligible parcels (see Map 1).
In order to allow parcels located in the Town west of the STH 11 Bypass to participate in
the PACE program, the Town of Rock is requesting that the City enter into a Memorandum
of Understanding (MOU) that would make parcels within this area eligible for inclusion in
the PACE Program. Eligibility for participation in the Program would be provided in the
form of a letter of support from the City. The basic terms of the MOU include the following:
City support of future applications for parcels of land located in the Town west of the
STH 11 Bypass.
The City will provide the property owner/applicant and Rock County Land Conservation
Committee with a letter of support stating that the City has objection to the parcel being
included in the PACE Program.
The MOU provides for a continuation of the spirit of cooperation and good relations that
exist between the City of Janesville and the Town of Rock, as established in prior
intergovernmental agreements between the municipalities. The Town believes it is
appropriate to allow parcels located in the area west of the Highway 11 Bypass to be
eligible for participation in the Rock County PACE Program. Staff believes that the MOU is
consistent with and reaffirms the existing intergovernmental agreement between the
municipalities which recognize the preservation of agricultural lands in this area. While the
MOU would allow such property to be eligible for PACE, it is important to note the parcels
located in this portion of the Town are not identified as primary target acquisition areas.
Additionally, most of the parcels in this area have a very low-priority ranking which would
make their competitiveness for program funding highly unlikely.
cc: Eric Levitt
Jacob Winzenz
RESOLUTION NO. 2010-747
A resolution authorizing the City Manager to enter into a Memorandum of Understanding with the
Town of Rock concerning eligibility of lands for the Rock County Purchase of Agricultural
Conservation Easements (PACE) Program in areas located west of the State Highway 11 Bypass.
WHEREAS, The City of Janesville (CITY) and the Town of Rock (TOWN) entered into a certain Town
of La Prairie, Town of Rock, City of Janesville Agreement On The Proposed Janesville STH 11
Bypass and Related Matters of Roads, Land Use, Municipal Boundaries, Public Services, Costs and
Revenues (BYPASS AGREEMENT), as executed in 1992; and
WHEREAS, the BYPASS AGREEMENT references certain real property in the TOWN located west
of the State Highway 11 Bypass; and
WHEREAS, the TOWN and CITY, in order to further the spirit of cooperation and good relations that
exists between the municipalities, desire to reaffirm their understanding set forth in the BYPASS
AGREEMENT that all farm lands located in the TOWN west of the State Highway 11 Bypass currently
zoned and used for agricultural purposes should be preserved from premature urban development so
as to maintain farming as a viable occupation; and
WHEREAS, some of the farm lands located in the TOWN west of the State Highway 11 Bypass have
been classified as “Ineligible Parcels” for participation in the Rock County Purchase of Agricultural
Conservation Easements (PACE) Program presently under consideration for adoption by the Rock
County Board of Supervisors; and
WHEREAS, the Rock County PACE Program specifies that Ineligible Parcels may apply for inclusion
in the PACE PROGRAM upon receipt of a letter of support from any City located within 3 miles of the
subject parcel; and
WHEREAS, the TOWN has requested that the CITY support future applications for inclusion in the
PACE PROGRAM of any of the Ineligible Parcels located in the TOWN west of the State Highway 11
Bypass; and
WHEREAS, the CITY is willing to support such future applications in the TOWN by providing the
applicant and the Rock County Land Conservation Committee with a letter of support indicating that
the CITY has no objections to the Ineligible Parcel being included in the PACE PROGRAM; and
WHEREAS, it is in the mutual best interests of the TOWN and the CITY to enter into this MOU.
NOW, THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF JANESVILLE
that the City Manager, City Clerk, and his/her designee(s) are hereby authorized to negotiate, enter into,
and execute, on behalf of the City of Janesville, the attached MOU; and to negotiate, draft, execute,
record, and file such documents, papers,
RESOLUTION 2010-747
PAGE 2
agreements, and forms, to take such other actions, and to make such minor amendments and changes
to the MOU as the City Manager, from time to time and at any time, may decide to be necessary and/or
desirable to effectuate the MOU and/or the intent of this resolution.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
McDonald
Eric J. Levitt, City Manager
Perrotto
Rashkin
ATTEST:
Steeber
Truman
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
City Attorney, Wald Klimczyk
Proposed by: Community Development Department
Prepared by: Community Development Department